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Agenda Council Agenda 092409
Ail CITY OF PALM BEACH GARDENS ?a1a1 Beach Gardens COUNCIL AGENDA Ipe,L tya ``` f,anaa September 24, 2009 7:00 P.M. * * _ '` Mayor Russo Vice Mayor Levy r J' Anniversary r N° Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: V. PUBLIC HEARINGS FOR 2009/2010 BUDGET —Non Quasi Judicial: a. Presentation of the Fiscal Year 2009/2010 Budget. b. (Staff Report on Page 5, Resolution on Page 7) Resolution 81, 2009 - Adopting a Tax Levy and Millage Rate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2009, and ending September 30, 2010; directing the City Clerk to forward a certified copy of this Resolution to the Property Appraiser and Tax Collector within three (3) days after its adoption; providing an effective date; and for other purposes. c. (Staff Report on Page 5, Ordinance on Page 9) Ordinance 26, 2009 — (2nd reading and adoption) Adopting fiscal year 2009/2010 budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting the budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. CITY MANAGER REPORT: a. Florida Institute of Government designation of Certified Chief Information Officer b. City Manager Evaluation VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Staff Report on Page 13, Resolution on Page 15) Resolution 82, 2009 —Medical Director Service Contract A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Kenneth A. Scheppke, M.D. based on proposals received for Medical Director Services (EMS), Request for Proposal No. 2009-016; authorizing the Mayor to execute the Agreement; providing an effective date; and for other purposes. X. PUBLIC HEARINGS: Part I—Quasi-iudicial a. (Staff Report on Page 91, Resolution on Page 130) Resolution 58, 2009 - Downtown at the Gardens site plan amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for Downtown at the Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to replace the most current shared parking analysis with parking regulations from City code; to revise the lake area stage plan; to provide a service area screening plan; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 154, Ordinance on Page 162) Ordinance 21, 2009 — (2nd reading and adoption) Rezoning twenty-seven (27) parcels. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning twenty-seven (27) parcels of real property comprising approximately ten thousand two hundred seventy-six (10,276.0 +/-) acres, more or less, in size; such parcels being located within the Loxahatchee Slough Natural Area and generally located West of the Florida Turnpike and North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) Zoning District.; providing for 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. c. (Staff Report on Page 167, Ordinance on Page 175) Ordinance 22, 2009 — (2nd reading and adoption) Rezoning three (3) parcels. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning three (3) parcels of real property comprising approximately one hundred fifty-seven (157.0 +/-) acres, more or less, in size; such parcels being located within the Frenchman's Forest Natural Area, and generally located at the Northwest corner of Lone Pine Road and Prosperity Farms Road, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) Zoning District; providing for revisions to the Zoning District Map; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II —Non-Quasi-iudicial a. (Staff Report on Page 179, Ordinance on Page 181) Ordinance 27, 2009 — (2nd reading and adoption) False alarms for police and fire response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm Beach Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, as revised; providing regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 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. XI. RESOLUTIONS: a. (Staff Report on Page 193, Resolution on Page 195) Resolution 76, 2009 - Insurance policy renewal. A Resolution of the City Council of the City of Palm Beach Gardens, Florida to renew insurance policies for Property, Casualty, Public Officials, and related insurance from Preferred Governmental Insurance Trust; authorizing the Mayor to execute the contract; providing an effective date; and for other purposes. b. (Staff Report on Page 254, Resolution on Page 256) Resolution 79, 2009 - Agreement to Macmillan Oil Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Macmillan Oil Company of Florida, Inc. for the purchase of unleaded gasoline and fuel oil via an existing contract with the State of Florida (Number 405-000-10-1); authorizing the Mayor to execute said Agreement; providing an effective date; and for other purposes. XII ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Council Communication b. Office Space XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Resolution 81, 2009 Ordinance 26, 2009 Subject/Agenda Item: Public Hearing for the adoption of Resolution 81, 2009, setting the final millage rate for fiscal year 2009/2010 and second reading of Ordinance 26, 2009 adopting the fiscal year 2009/2010 budget [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewe• • • Originating Dept.: Costs: $ Council Action: VFinance (Total) City A torney [ ]Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: Sept. 9, 2009 [ ] Operating Attachments: Paper: Palm Beach [ ] Other Resolution 81, 2009 Post Ordinance 26, 2009 Submitted by: Allan Owens [ ] Not Required Fina e • • istrator t. Department Director Affected parties Budget Acct.#: Approved by: [ ] Notified [ ] None Ron F- ' CI y .n. •er [ ] Not required Meeting Date: September 24, 2009 Resolution 81, 2009 Ordinance 26, 2009 • BACKGROUND: This is the second of two required public hearings on the proposed budget for fiscal year 2009/2010. Total for all funds is $110,218,402. The proposed operating millage is 5.390 and debt millage rate is .149 for a total proposed millage of 5.539. This represents an increase of 2.7% from the current year total of 5.399, but is 7.461% below the roll-back rate of 5.8246, as required by the current legislation. • STAFF RECOMMENDATIONS: o Staff recommends Council make the following announcement, "The City of Palm Beach Gardens is proposing to adopt a final millage rate of 5.539 mills, which includes a debt millage rate of .149 and an operating millage of 5.390, which is less than the rolled-back rate of 5.8246 by 7.461%. o Staff recommends a motion to approve Resolution 81, 2009, setting the final millage rate for fiscal year 2009/2010 at 5.539. o Staff recommends a motion to approve Ordinance 26, 2009 on second reading, adopting a budget for fiscal year 2009/2010. 1 RESOLUTION 81, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND 6 MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR 7 THE FISCAL YEAR COMMENCING OCTOBER 1, 2009, AND 8 ENDING SEPTEMBER 30, 2010; DIRECTING THE CITY CLERK TO 9 FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE 10 PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE 11 (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE 12 DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, at a duly advertised public hearing held on September 10, 2009, the 16 City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of 17 5.539 per $1,000.00; and 18 19 WHEREAS, said millage rate includes an operating millage rate of 5.390 and a 20 debt millage rate of .149; and 21 22 WHEREAS, on September 24, 2009, the City Council of the City of Palm Beach 23 Gardens held a public hearing in accordance with Section 200.065, Florida Statutes, to 24 adopt the final millage rate for Fiscal Year 2009/2010; and 25 26 WHEREAS, the value of real property not exempt from taxation within the City of 27 Palm Beach Gardens, Florida has been certified by the County Property Appraiser to 28 the City Council as $8.900 Billion; and 29 30 WHEREAS, the City Council has deemed adoption of this Resolution to be in the 31 best interest of the citizens and residents of the City of Palm Beach Gardens. 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The Fiscal Year 2009/2010 millage rate is 5.539 mills, which 40 includes a debt millage rate of .149 and an operating millage rate of 5.390, which is less 41 than the rolled-back rate of 5.8246 by 7.461%. 42 43 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this 44 Resolution to the Palm Beach County Property Appraiser and Tax Collector within three 45 (3) days after its adoption. 46 Resolution 81,2009 1 SECTION 4. This Resolution shall become effective immediately upon adoption. 2 3 4 PASSED AND ADOPTED this day of , 2009. 5 6 7 CITY OF PALM BEACH GARDENS, FLORIDA 8 9 10 11 BY: 12 Joseph R. Russo, Mayor 13 ATTEST: 14 15 16 17 BY: 18 Patricia Snider, CMC, City Clerk 19 20 21 APPROVED AS TO FORM AND 22 LEGAL SUFFICIENCY 23 24 25 26 BY: 27 R. Max Lohman, City Attorney 28 29 30 VOTE: AYE NAY ABSENT 31 32 MAYOR RUSSO 33 34 VICE MAYOR LEVY 35 36 COUNCILMEMBER JABLIN 37 38 COUNCILMEMBER BARNETT 39 40 COUNCILMEMBER PREMUROSO 41 42 ' 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2008U2esolution 81 2008 millage adoption FY09-10.docx 2 1 2 ORDINANCE 26, 2009 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE 7 CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR 8 COMMENCING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 9 2010; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 10 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, at a duly advertised public hearing held on September 10, 2009, the 15 City Council tentatively adopted a budget for Fiscal Year 2009/2010; and 16 17 WHEREAS, at a duly advertised public hearing held on September 24, 2009, the 18 City Council determined that the tentative budget, as finalized by the City Council, will 19 meet the needs and requirements of the City of Palm Beach Gardens and its residents for 20 Fiscal Year 2009/2010; and 21 22 WHEREAS, the City Council has determined the adoption of this Ordinance to be 23 in the best interest of the citizens and residents of the City of Palm Beach Gardens. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The proposed budget is hereby approved and adopted by the City 32 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 33 commencing October 1, 2009, and ending September 30, 2010. 34 35 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 36 hereby repealed. 37 38 SECTION 4. Should any section or provision of this Ordinance or any portion 39 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 40 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 41 42 SECTION 5. This Ordinance shall become effective immediately upon adoption. 43 44 45 46 47 Ordinance 26,2009 1 PASSED this day of , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 11 BY: 12 Joseph R. Russo, Mayor 13 14 • 15 David Levy, Vice Mayor 16 17 18 Eric Jablin, Councilmember 19 20 21 Jody Bamett, Councilmember 22 23 24 Robert G. Premuroso, Councilmember 25 26 27 ATTEST: 28 29 30 BY: 31 Patricia Snider, CMC, City Clerk 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G:\attomey_share\ORDINANCES\2009\Ordinance 26 2009-budget adoption 2009-2010.docx 2 Ordinance 26,2009 EXHIBIT "A" CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on September 24, 2009, at 7:00 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 26, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. All members of the public are invited to attend and participate in this public hearing. All documents pertaining to this Ordinance may be inspected by the public in the Finance Department (561-799-4160) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m., except for holidays. 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday, September 9, 2009 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Resolution: 82, 2009 Subject/Agenda Item: Fire-Rescue Medical Director's Contract for Services [X] Recommendation to APPROVE j ] Recommendation to DENY Reviewed by: Origi 'ating Dept.: Costs: $135.000 Council Action: (Total) Keith ryer, Divisio Chief -EMS City Attorney [ ]Approved Agt1 $45.000 [ ]Approved w/ conditions Finance Administrator FY 2010 [ ] Denied Advertised: N/A Funding Source: [ ]Continued to: Date: [X]Operating Attachments: (General Fund) Resolution 82,2009 [ ]Other Exhibit A: RFP#2009-016 Exhibit B: Bid Submittal Exhibit C:Agreement Submitted by: [ ] Not Required it Department Administrator Affected parties Budget Acct.#: [ ]None Approve• by: Notified 001.1230.522.3120 (pg. 112 of the FY 2010 " Proposed Budget) City Mena! r [ ] Not required Meeting Date: September 24, 2009 Resolution: 82, 2009 BACKGROUND: As per Florida Statute 401.265, each Basic Life Support transportation service or Advanced Life Support service must employ or contract with a Medical Director. The Fire-Rescue Department has contracted with a Medical Director since Emergency Services delivery began in 1995. The Medical Director is charged with overseeing medical operations, the delivery of patient care, EMT/Paramedic continuing education and other duties as directed by State Law. On July 27, 2009, a Request for Proposal (RFP) was advertised, as per City guidelines, through the Palm Beach Post and was broadcast to 189 suppliers through Demand Star, the city's bid notification service. The city received applications from the following: Michael J. Zappa, M.D. Scott McFarland, M.D. John R. Fernandez, M.D. Joel Stern, M.D. Kenneth A. Scheppke, M.D. On August 21, 2009, a Selection Committee meeting was held and included members from Fire-Rescue and Finance Departments. Proposals were evaluated and a short list of the three most qualified physicians was established. On August 26, 2009, the Selection Committee again met to hear and evaluate oral presentations by the top three candidates. As a result, Dr. Kenneth Scheppke, MD was ranked the highest and was offered a contract. Negotiations were held between staff and Dr. Scheppke and an agreement was reached. STAFF RECOMMENDATION: Approve Resolution 82, 2009, as presented. 1 RESOLUTION 82, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO 6 KENNETH A. SCHEPPKE, M.D. BASED ON PROPOSALS 7 RECEIVED FOR MEDICAL DIRECTOR SERVICES (EMS), 8 REQUEST FOR PROPOSAL NO. 2009-016; AUTHORIZING THE 9 MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City desires to contract with a qualified doctor for various 14 activities related to medical director services (EMS); and 15 16 WHEREAS, the City issued a Request for Proposal No. 2009-016 for Medical 17 Director Services (EMS), which is attached hereto as Exhibit "A"; and 18 19 WHEREAS, the City received a bid from Kenneth A. Scheppke, M.D., P.A., 20 which is attached hereto as Exhibit "B"; and 21 22 WHEREAS, the City Council wishes to approve a contract award for Medical 23 Director Services (EMS) to Kenneth A. Scheppke, M.D., P.A., which is attached hereto 24 as Exhibit "C"; and 25 26 WHEREAS, the City Council of the City of Palm Beach Gardens deems approval 27 of this Resolution to be in the best interests of the citizens and residents of the City of 28 Palm Beach Gardens. 29 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 35 36 SECTION 2. The City Council hereby awards to Kenneth A. Scheppke, M.D., 37 P.A. a contract for Medical Director Services (EMS), authorizes the Mayor to execute 38 such contract, and authorizes the City Manager to execute any future Addenda. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 47 Resolution 82,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 r-4# 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 82 2009-agmt for medical director services.docx 2 Resolution 82,2009 EXHIBIT "A" "xdb ' r yy Ski Alr.. REQUEST FOR PROPOSALS MEDICAL DIRECTOR SERVICES (EMS) RFP #2009-016 JULY 27, 2009 THE CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 TABLE OF CONTENTS RFP Legal Advertisement Page 2 Part I — Introduction / Information Page 3 Part II —Anticipated Time Line Page 4 Part III — General Conditions Pages 5-12 Part IV— Special Conditions Pages 13-16 Part V— Specifications/ Scope of Services Pages 17-19 Part VI —Award Criteria / Evaluation Procedures Page 20-21 Part VII — Instructions To Proposers Pages 22-24 Proposal Forms/ Part I — III Pages 25-28 Proposer's Check List Page 29 Sample Agreement Pages 30-35 Affidavit Page 36 1 LEGAL NOTICE THE CITY OF PALM BEACH GARDENS REQUEST FOR PROPOSAL#2009-016 The City of Palm Beach Gardens is accepting sealed submittals for the following: MEDICAL DIRECTOR SERVICES (EMS) It is the intent of the City to contract with a qualified professional to provide Medical Director Services(EMS)for a three(3)year period with the option to renew for one(1)additional three(3)year period.All submittals,one(1) original.five (5)copies, and one(1)CD in PDF format must be received at the address below in the City Clerk's Office no later than Monday.August 17.2009.at 2:00 PM,at which time all submittals will be publicly opened and read. Receipt of a response by any City office,receptionist,or personnel other than the City Clerk's Office does not constitute"receipt"as required by this solicitation. The City Clerk's time stamp shall be conclusive as to the timeliness of receipt. RFP documents may be obtained beginning Monday,July 27,2009,from the City's website at www.pbqfl.com,the City Clerk's Office at the address below, or by contacting Robert Bruno at 561.799.4197, e-mail rbrunoepbgfl.com. All questions are to be directed to Robert Bruno, Purchasing Agent, 10500 N.Military Trail, Palm Beach Gardens, FL 33410, (fax)561.799.4134. All RFQ documents are to be sealed when submitted and be delivered or mailed to: The City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens,FL 33410 On the envelooe(s)or box(es)containing the Submittal shall be written in large letters: RFP No.2009-016 Medical Services Director(EMS) The Selection Committee is scheduled to meet on Friday.August 21.2009 at 10:00 AM at the above address. The City of Palm Beach Gardens reserves the right to accept or reject any or all Submittals, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible Proposer includes,but is not limited to,cost, whether the Proposer meets the City of Palm Beach Gardens published specifications, the Proposer's experience, skill, ability, financial capacity, and any other factors which could reasonably be asserted as being relevant to the successful performance of the Proposer. The Proposers should anticipate the City may negotiate some or all of the components of a Submittal with one or more of the Proposers in order to obtain the best value of services offered. CITY OF PALM BEACH GARDENS Robert Bruno—Purchasing Agent Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday,July 26,2009 2 PART I— INTRODUCTION / INFORMATION 1. PURPOSE/INTENT: The City of Palm Beach Gardens, Florida (City) is seeking proposals from qualified practitioners of emergency medicine, hereinafter referred to as the Proposer or Contractor, experienced in providing Medical Director Services (EMS) for the City's Fire Rescue Department. 2. INFORMATION OR CLARIFICATION: For information concerning procedures for responding to this RFP, contact Robert Bruno, Purchasing Agent, at 561.799.4197. Such contact shall be for clarification purposes only. Changes to this RFP, if any, or to the scope of services or proposing procedures will be only transmitted by written addendum. All questions are to be submitted in writing to the City of Palm Beach Gardens Attn: Robert Bruno fax to 561.799.4134, rbruno @pbgfl.com. Questions of a material nature must be received by August 4, 2009, 2:00 PM. Proposers please note: No part of your Proposal can be submitted via fax. The entire Proposal must be submitted in accordance with the Instructions to Proposers contained in this RFP. 3. SITE VISIT: It will be the sole responsibility of the Proposer to inspect the facilities and systems prior to submitting a Proposal. No Pre-Submittal Conference will be held. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a Proposal will be considered evidence that the Proposer has familiarized himself/herself/itself with the nature and extent of the work, and the equipment, materials, and labor required. 4. ELIGIBILITY: To be eligible to respond to the RFP, the Proposer must demonstrate that he, she, or it, and all the principals assigned to the project, have successfully provided Medical Director Services of a Fire Rescue Department. Further, the Proposer and all parties assigned to the City of Palm Beach Gardens must be properly licensed to perform such services, this includes the Proposer's Company to the extent required by law. . (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3 PART II —ANTICIPATED TIME LINE The anticipated schedule for this RFP and contract approval is as follows: RFP available for distribution: July 27, 2009 Deadline for receipt of questions: August 10, 2009, 2:00 PM Deadline for receipt of Proposals: August 17, 2009, 2:00 PM Selection Committee Meeting- Short List August 21, 2009 10:00 AM Oral Presentations August 26, 2009(Times to be determined) Projected Award Date: September 24, 2009 * Dates above are subject to change based on the number of respondents, availability of the reviewer(s), or other unforeseen circumstances. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 4 PART III - GENERAL CONDITIONS 1. SEALED PROPOSAL: Original copy of the Proposal Form, as well as any other pertinent documents, must be returned in order for the Proposal to be considered for award. All Proposals are subject to the conditions specified herein and on the attached Special Conditions, Scope of Services, Proposal Form, supporting documentation (applicable license, etc.), and Drug- Free Workplace Form. 2. EXECUTION OF PROPOSAL FORM: The Proposal Form must contain a manual signature of an authorized representative in the space provided. Failure to properly sign the Proposal Form shall invalidate same, and it shall NOT be considered for award. All of the Form must be completed in pen or be typewritten. No pencil/erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Proposal Form. Any illegible entries, pencil entries, or corrections not initialed will not be tabulated. The original Proposal conditions and specifications CANNOT be changed or altered in any way after submitted to the City. 3. TAXES: The City is exempt from all Federal Excise and State taxes. The applicable tax exemption number is available on request and will be shown on the Purchase Order. 4. MISTAKES: Proposers are expected to examine the specifications, delivery requirements, and all instructions pertaining to services. Failure to do so will be at the Proposer's risk. 5. RFP CONDITIONS: The City reserves the right to waive any informality and or irregularities in the RFP documents or to reject any or all Proposals or any part of any Proposal deemed necessary in the best interest of the City. 6. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the Proposer's expense. Proposers will be responsible for the removal of all samples furnished within thirty (30) days after RFP opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the Proposer's name. Failure of the Proposer either to deliver required samples or to clearly identify samples may be reason for rejection of the Proposal. 7. AWARDS: The City reserves the right to reject any and all Proposals or any portion of any Proposal deemed necessary in the best interest of the City; to accept any item or group of items; to acquire additional quantities at prices quoted on the Proposal Form. All awards resulting from this RFP shall conform to applicable Florida Statutes. The City reserves the right to negotiate as contained in Section 9 below. 5 8. RFP OPENING: Proposals shall be opened and publicly read in the City of Palm Beach Gardens Council Chambers, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, on the date and at the time specified on the Request for Proposal posting. All RFP documents received after the due date and time will be returned unopened. 9. NEGOTIATIONS: The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best terms from a monetary and technical standpoint. The City reserves the right to enter into contract negotiations with the recommended Proposer(s). If the City and the recommended Proposer(s) cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with another recommended Proposer(s). This process will continue until a contract(s) acceptable to the City has been executed or all Proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. 10. INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Proposer until acceptance by the City, unless loss or damage results from negligence by the City. If the materials, goods or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the Proposer and return the product at the Proposer's expense. 11. DISPUTES: Any actual or prospective Proposer who is aggrieved in connection with a solicitation or contract award may avail themselves of the City's purchasing procedures to resolve disputed matters or complaints. The posting of a Notice of Intent to Award will result in the intended award recommendations. Posting shall be displayed on Demand Star's Website (www.demandstar.com) for public viewing. The City's agent will also notify all Proposers affected by the intended award of contract at the time of posting, via telefax, email, phone or other means, of the intended award. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or contract award may file a written protest to the City Clerk. Protestors shall file their written protests with the City Clerk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address and phone number of the petitioner, name of petitioner's representative (if applicable), the name and RFP number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City. The written protest must be received no later than 72 consecutive hours (excluding Saturdays, Sundays and legal holidays) after the time of initial posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the Proposer of all rights of protest under this Bid/Proposal Protest Procedure. 6 In the event of a timely protest, the City shall not proceed further with the award of the RFP and related contract until all administrative remedies are exhausted, or until the City Manager determines the award of the contract immediately is necessary to protect the public health, welfare or safety. 12. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 13. INDEMNIFICATION: The firm agrees to indemnify and hold the City of Palm Beach Gardens, its officers, and employees harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, gross negligence, recklessness, or intentionally wrongful conduct of the Proposer's firm and other persons employed or utilized by the Proposer firm in the performance of the contract to be awarded pursuant to this RFQ. 14. PATENTS & ROYALTIES: The Proposer, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by City. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 15. OSHA: The Proposer warrants that the product and services supplied to the City of Palm Beach Gardens, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Proposer responsible for it. 16. SAFETY PRECAUTIONS: The Proposer shall, if required, maintain suitable and sufficient lighting for the prevention of accidents and all minimum safety health code standards required by municipal, County, State and Federal laws, rules, regulations, codes, ordinances, directives, guidelines and laws shall be strictly met by the Proposer. 17. SPECIAL CONDITIONS: Any Special Conditions that may vary from these General Conditions shall have precedence. 18. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Proposers are required to enter or go onto City property to perform work or services because of a RFP award, the successful Proposer will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and 7 assure all work complies with all Federal, State, County, and City requirements. The Proposers shall be liable for any damages or loss to the City occasioned by negligence, gross negligence, willful or wanton acts of the Proposers (or agent) or any person the Proposers has designated in the completion of the contract because of the Proposal. Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of their response to this RFP. Should the Proposer not be fully licensed and certified, its Proposal shall be rejected. 19. CERTIFICATES OF INSURANCE: The successful Proposer(s) will submit to the City proof of current insurance in the amounts specified in Part IV Special Conditions. 20. DEFAULT I FAILURE TO PERFORM: The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer to remedy the default. Failure on the Proposer's part to correct the default within the required thirty (30) days shall result in the contract being terminated and upon the City notifying in writing the Proposer of its intentions and the effective date of the termination. The following shall constitute default: • Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract or authorization to proceed. • Failure to begin the work under this contract within the time specified. • Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely service. • Neglecting or refusing to remove materials or perform new work where prior work was rejected is judged a demeanor as to nonconforming with the terms of the contract. • Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the contract. • Failure to comply with any of the terms of the contract in any material respect. • Failure to comply with the terms of this RFP, including but limited to the Special Conditions. In the event of default of a contract, the successful Proposer shall pay all attorney's fees and court costs incurred in collecting any damages. The successful Proposer shall pay the City for any costs incurred in ensuring the completion of the contract / project. This provision is in addition to any defaults provisions in the contract. To the extent of any conflicts between the provisions the more stringent shall apply. 8 21. CANCELLATION: Regardless of anything to the contrary, the City reserves the right to cancel this contract by written notice to the Proposer effective the date specified in the notice and the following will apply: • The Proposer is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his / her/ its services in a manner satisfactory to the City. In the event the Proposer is found to be in default, the Proposer will be paid for all labor and materials provided that are accepted by the City and deemed satisfactorily performed as determined by the City as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. • The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. • Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability of appropriate funds. • Any termination by the City or cancellation shall preclude the Proposer from making a claim for loss of profits. 22. SUBSTITUTIONS: The CITY WILL NOT accept substitute services of any kind. Proposer(s) is expected to furnish the services quoted in their RFP response once awarded. Any substitute services will be at the Proposer's expense. 23. FACILITIES: The City reserves the right to inspect the Proposer's facilities at any time with prior notice. 24. RFP RESULTS: Proposer desiring a copy of the RFP results may request it by enclosing a self- addressed stamped envelope with their Proposal Form. 25. APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between the City and the successful Proposer and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 26. CLARIFICATION AND ADDENDA TO RFP SPECIFICATIONS: If any person contemplating submitting a Proposal under this Request for Proposals is in doubt as to the true meaning of the specifications or other RFP documents or any part thereof, the Proposer must submit to the City's agent, Robert Bruno, Purchasing Agent, by April 8, 2009, 5:00 PM, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the RFP, if made, will be made only by Addendum duly issued by the City's agent. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial 9 changes are required, which affect the technical requirements of the RFP Submittal. The City shall attempt to send a copy of such Addendum to each Proposer receiving the Request for Proposals. However, it is the responsibility of the Proposer to obtain and review all Addenda prior to submitting a Proposal. In the event of conflict with the original RFP Documents, Addendum shall govern all other RFP and Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. 27. AWARD OF CONTRACT: • A contract may be awarded to the most responsive, responsible Proposer whose submittal, conforming to the Request for Proposal, is most advantageous to the City. The responsive, responsible Proposer will be determined in conjunction with the method of award, described in Part VI - Award Criteria / Evaluation Procedures. • The City shall award a contract to a Proposer through action taken by the City Council or the City Manager. • The General Conditions, Special Conditions, Technical Specifications / Scope of Services, and the Proposer's submittal are collectively an integral part of the contract between the City and the successful Proposer. • While the City may determine to award a contract to more than one Proposer under this Request for Proposals, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Proposer shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Proposer is in default, the City, through its designated agent, will void its acceptance of the Proposer's offer and may determine to select the next most responsive, responsible Proposer or re-solicit the RFP. The City, at its sole option, may seek monetary restitution from the defaulting Proposer because of damages or excess costs sustained and/or may prohibit the Proposer from submitting future Bids/Proposals for a period of one year. • The City reserves the right to exercise the option to renew a term contract of any successful Proposer to a subsequent optional period; as stipulated in the Special Conditions - Part IV / Section 8, and is contained in any contract ultimately awarded concerning this RFP award. • The City reserves the right to extend automatically any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is solicited, evaluated and/or awarded, provided this is expressly part of any contract awarded concerning this RFP. 28. ASSIGNMENT: The Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his/her/its power to execute such contract to any person, company or corporation without prior written consent of the City. 10 29. LAWS, PERMITS AND REGULATIONS: The awarded Proposer shall obtain and pay for all licenses, permits, and inspection fees required for this project; and shall comply with all laws, ordinances, regulation, rules, and code requirements applicable to the work contemplated herein. 30. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to the public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 31. CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to provisions of State Statutes and City policies. All Proposers must disclose with their Proposal the name of any officer, director, or agent who is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of 5% or more in the Proposer's Contractor or any of its branches. If any Proposer violates or is a party to a violation of the code of ethics of the State of Florida with respect to this RFP, such Proposer may be disqualified from performing the work described in this RFP or from furnishing the goods or services for which the RFP document is submitted and shall be further disqualified from bidding/proposing on any future Bids/RFPs for work or for goods or services for the City. A copy of the State Ethics Codes is available on line at httl ://www.flsenate.Qov. 32. NON-COLLUSION: Proposer certifies that this offer is made without prior understanding, agreement, or connection with any corporation, Contractor or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor Bid/RFP list(s). 33. FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this RFP becomes the property of the City. Any person may review the RFP submissions ten (10) days after the public opening. RFP should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this RFP and/or any resulting contract from it. Disqualification of a Proposer does not eliminate this right. 11 34. DRUG FREE WORKPLACE PROGRAMS: In the event of an identical tied bid or Proposal, preference will be given to local vendors. If none of the vendors are local, preference shall be given to the business submitting proof of Drug-Free Work Place (DFW) Programs. 35. AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES: All Proposers submitting a response to this RFP agree that such response also constitutes a response to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this RFP should the successful Proposer(s) deem it in the best interest of their business to do so. The agreement resulting from this RFP in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida from re-solicitation for any or all items specified in this RFP. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) 12 PART IV— SPECIAL CONDITIONS 1. GENERAL CONDITIONS: RFP General Conditions from page 5 to 12 are included and made a part of this RFP. 2. NEWS RELEASE/PUBLICITY: News releases, publicity releases or advertisements relating to this contract or the tasks or projects associated with the Scope of Work shall not be made without prior City approval. 3. RFP DOCUMENTS: The Contractor shall examine this RFP carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligations under the Contract. 4. PROPOSERS' COSTS: The City shall not be liable for any costs incurred by Proposers in responding to this RFP. 5. RULES AND PROPOSALS: The Proposer must name the Principals of the Company or entity that the Proposal is made without collusion with any other person(s), company or parties submitting a Proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the Proposal has full authority to bind the principal Proposer. 6. CONFIDENTIAL INFORMATION: Florida law provides that municipal records shall at all times be open for personal inspection by any person. Please refer to Section 119.01, F.S., the Public Records Act. Information and materials received by the City in connection with all Proposer's response shall be deemed to be public records subject to inspection upon award, recommendation for award, or 10 days after RFP opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, then the Proposer must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise the City will treat all materials received as public records. 7. APPROVED EQUAL OR ALTERNATE PRODUCT PROPOSALS: The technical specifications contained in this RFP are to be used as a reference only and are not to be considered of a proprietary nature. These specifications represent a level of quality and features which are desired by the City of Palm Beach Gardens. The Proposer must state clearly in his/her/it's Proposal pages any variance to the specifications. If adequate information is not submitted with the Proposal, it may be rejected. The City of Palm Beach Gardens will be the sole judge in determining if the services proposed qualifies as approved equal. The City reserves the right to award to that Proposal which will best serve the interest of the City as determined by the City. The City further reserves the right to waive minor variations to specifications during the bidding/evaluation process. 13 8. CONTRACT PERIOD: The term of the contract will be for three (3) years from date of award and may be renewable for one (1) additional three (3) year period. The initial contract term shall commence upon final execution of the contract by the City. The City reserves the right to extend the contract providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City. The extension period shall not extend for more than ninety (90)days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 9. EXCLUSIVE CONTRACT: Contractor agrees and understands that the contract shall be an exclusive arrangement for MEDICAL DIRECTOR SERVICES (EMS) ONLY. 10. SUBSTITUTION OF PERSONNEL: It is the intention of the City that the Proposer's personnel proposed for the contract will be available for the initial contract term. In the event the Proposer wishes to substitute personnel, he/she/it shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Contract for cause. 11. INDEPENDENT CONTRACTOR: The Proposer is an independent contractor under this agreement. Personal services provided by the Proposer shall be by employees of the Proposer and subject to supervision by the Proposer, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies, and other similar administrative procedures applicable to services rendered under this Contract shall be those of the Proposer. 12. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Proposer will be excused from the performance of his/hers/its respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: • The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 14 • The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; • No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and • The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Proposer will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 13. INSURANCE: Proposers must submit with their submittal package, proof of insurance meeting or exceeding the following requirements, or a letter of intent to provide the following requirements if awarded the contract: • Workers' Compensation Insurance—as required by law. The policy must include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee. • General Liability Insurance — One Million Dollars ($1,000,000) minimum limit Combined Single Limit • Automobile Liability Insurance for owned vehicles, non-owned vehicles & hired vehicles — One Million Dollars ($1,000,000) annual aggregate, One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury, and One Million Dollars ($1,000,000) per accident for property damage. • Products/Completed Products Operations- One Million Dollars ($1,000,000) aggregate • Medical Malpractice Insurance-One Million Dollars ($1,000,000) minimum limit. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A or better, in accordance with the latest edition of A.M. Best's Insurance Guide. Coverage should not have any extraordinary exclusions. The successful Proposer must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. 14. PROPOSER EQUIPMENT MAINTENANCE AND REPAIRS: All equipment provided by the Proposer will remain the property of the Proposer, and any maintenance required thereon shall be the responsibility of the Proposer. The City shall incur no obligation for repairs. There is to be cost recovery assessed for damages to property. 15 15. STANDARDS OF CONDUCT: The Proposer shall, at all times, comply with all rules, regulations, codes, and ordinances of the City and other governmental agencies having jurisdiction. The Proposer shall further take all precautions and extreme care to conduct its activities in a safe and prudent manner with respect to its agents, employees, members, visitors, and participants in any activity within the premises. 16. AUTHORITY: Use by the Proposer of the premises shall be coordinated by Keith Bryer, Division Chief- EMS, or by his designee. The City's Division Chief- EMS shall have the authority to suspend all or any portion of any of the activities of the Proposer when, in the Division Chief's opinion, such may be or are detrimental to the public or to the City, or if the City has reason to believe any law, code or ordinance is being violated by the Proposer, or its agents, employees, or patrons. In the event the Division Chief- EMS so suspends activities for a period of 45 or more consecutive days, the Proposer shall have the right to cancel the agreement. This however is subject to the Force Majeure Clause. (THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.) 16 PART V— SPECIFICATIONS / SCOPE OF SERVICES 1. GENERAL INFORMATION/INTENT: The City of Palm Beach Gardens requires Medical Director Services (EMS) for the City's Fire Rescue Department. The City is seeking Proposals from qualified medical providers to provide and manage Emergency Medical Services. 2. BACKGROUND: CITY DEMOGRAPHICS Palm Beach Gardens was incorporated in 1959. The founder of the City of Palm Beach Gardens, John D. MacArthur, multimillionaire insurance magnate and landowner, envisioned a "garden city" that embraced environmental conservation and provided an exceptional standard of living where residents could live and work. Since those early days, the City of Palm Beach Gardens has made strides to stay aligned with that original vision. Approximately one-third of all development must be dedicated to green space — a standard that is rigorously enforced. Green space is one of the core values of the community as a whole and has attracted people and companies to Palm Beach Gardens. Although many people have moved to live in Palm Beach Gardens, data suggests that most residents must commute out of the city for employment. The City of Palm Beach Gardens is located in Palm Beach County, Florida in the southeast part of the state. The City is approximately seven (7) miles north of West Palm Beach and 70 miles north of Miami. Current land area is 56.16 square miles, making it the largest land area in Palm Beach County. Because of its southern location and influence of the Gulf Stream in the Atlantic Ocean, Palm Beach Gardens offers its residents the advantages of a moderate climate. The temperature averages 75 degrees with an average rainfall of 62 inches per year. Outdoor activities are enjoyed throughout the year. The last time it snowed was 1978. From 1990 to 2000 the City of Palm Beach Gardens' population increased 45.2% in comparison to a growth of only 23.5% for the State of Florida. By 2008 the City of Palm Beach Gardens has grown to 50,282 residents and is one of several municipalities in Palm Beach County which have recorded record growth. The City's population has increased 43% since the 2000 Census record of 35,058. This equates to an approximate growth rate of 5.35% annually over the past eight years. The median value of a home in Palm Beach Gardens in 2000 is greater than the county, state, and national medians. Since 2000 the market value of homes has followed the rollercoaster national trend with values expecting to level out by 2009. The rate of homeownership is 79.5% in the City, as compared to 74.7% county, 70.1% state, and 66.2% national. 17 3. QUALIFICATIONS: The selected Proposer should have at least five (5) years of experience overseeing the delivery of an EMS System. The selected candidate must be able to demonstrate their ability to successfully oversee the delivery of a Fire-rescue based EMS system that will provide competent emergency medical care to residents and visitors to Palm Beach Gardens, Florida. 4. SPECIFICATIONS TO BE PROVIDED: The selected provider shall be able to provide the following specifications as follows: o The supervision and responsibility for the medical performance of paramedics and EMT's working for the City of Palm Beach Gardens o Development and review of medically correct standing orders and/or protocols, which permits specified ALS and BLS procedures. o Review transport policies and insure the patients arrive at a medical facility that offers the type and level of care appropriate for the patient's medical condition. o Medical Director will be available on a 24 hour a day basis for (off-line) services for potential problems, systems difficulties or disaster situations. o Assist in the development and implementation of a patient care quality assurance program to assess the performance of paramedics and EMT's. This program will include a review of medical run reports and direct observation of field personnel. In addition, a comparison of performance standards for medication administration, equipment use, system protocols and procedures will be monitored. o Medical director will be involved in the development of security procedures for medications, fluids and controlled medications. o Medical Director will specify medications substitutions as needed. o The Medical Director will notify the State Division of EMS when either telemetry or medical substitutions occur. o Medical director will meet the guidelines as specified for the position as outlined in FS Chapter 401.64.E2 of the Florida Administrative Code. o Assist in the development and coordination of a 30 hour EMT refresher course. o Insure that all personnel operating as paramedics and EMT's are trained in the trauma score card methodology. o Review and modify the existing trauma transport protocols, as necessary. o Submit to the State department of EMS, any deviation from the trauma transport protocols, as required by state law. o Participate as a crewmember on an EMS vehicle for a minimum of four(4) hours per month o Medical Director will comply with specifications/guidelines in FS Chapter 401.265 Medical Director and Rule 64J-1.004 Medical Direction Florida Administrative Code 18 5. REQUIRED INFORMATION/DOCUMENTS TO INCLUDE WITH SUBMITTAL: • General description of your experience, including years of service, as an emergency medical physician. • Provide your monthly fee for serving in the position of Medical Director. • Provide a list of clients past and present, whom you have served as EMS Medical Director • Provide current Florida medical license number, certifications (if any) and indicate how many years held. • Proof of insurance including coverage and amounts specified in Part IV: Special Conditions 13, page 15. • Personnel to work with the City together with Resumes (THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.) 19 PART VI —AWARD CRITERIA/ EVALUATION PROCEDURES The award of the contract will be based on certain objective and subjective criteria listed below: Evaluation Criteria Points 1. Years of experience practicing Emergency Medicine 35 2. Past performance of serving as a Medical Director for an Agency in excess of 100 field personnel 25 3. Involvement in County&State wide EMS initiatives 20 4. Strong background in EMS education 20 Evaluation of Proposals will be conducted by the Selection Committee, an evaluation committee of qualified City staff or other person(s) selected by the City. The Selection Committee will evaluate all responsive Proposals based upon the information and references contained in the Proposals as submitted. The Selection Committee may conduct discussions, for clarification purposes only. Next, the committee will score and rank all responsive/responsible Proposals. Short List: The initial evaluation to short list proposals will be conducted by the Selection Committee on August 14, 2009. Short list awards shall be made to the responsible and responsive Proposers whose proposals are determined to be the most advantageous to the City. A maximum of three (3) qualified candidates may be selected. Oral Presentation: Physicians selected for the short list, as described above, shall be requested to provide a twenty(20) minute oral presentation on their proposal to the Selection Committee on August 26, 2009, (appointment times TBD) in the Council Chambers at City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida. The Selection Committee will evaluate the presentations in accordance with the criteria listed below: • Initial evaluation (Max. 5 points) • Physicians qualifications (Max. 5 points) • Approach(Max. 5 points) • Similar projects (Max. 5 points) • Past performance (Max. 5 points) Maximum total points awarded: 25 points 20 The selected highest ranked Proposer resulting from this process will be recommended to the City Council for award. Information and references submitted will be considered in the award. The City may require additional information and Proposers agree to furnish such information. The City reserves the right to award the contract to that Proposer who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all Proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the proposing process. The above provisions are in addition to any other provisions in the RFP. The City reserves the right to make the sole determination of responsiveness and responsibility of any RFQ submittals received. Firms must demonstrate that they have sufficient training and/or experience to fulfill the contract requirements of these legal services for the City of Palm Beach Gardens, Florida, as specified per contract, individual work authorizations, and related purchase orders. The evaluation process will be based on a review of all the information submitted, plus a review of references. The City reserves the right to visit and inspect the firm's offices and locations where the firm is currently providing legal services to determine its capacity to perform the services required by the RFQ. Final Award Final award shall be made by the City Council. (THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.) 21 PART VII — INSTRUCTIONS TO PROPOSERS All Proposals must be submitted as specified on the Proposal pages which follow. Any attachments must be clearly identified. To be considered, the Proposal must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the Proposal. If publications are supplied by a Proposer to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the evaluator(s). Proposals not providing this reference will be considered to have no reference material included in the additional documents. All Proposals must be submitted in a sealed package with the RFP number, due and open dates, and RFP title clearly marked on the outside. If more than one package is submitted they should be marked 1 of 2, etc. All Proposals must be received in the City Clerk's office, 10500 N. Military Trail, Palm Beach Gardens, Florida on the date specified on Page 2 of this RFP. The Proposal shall be signed by a representative who is authorized to contractually bind the Contractor. PROPOSERS MUST SUBMIT AND IDENTIFY ONE (1) ORIGINAL PROPOSAL DOCUMENT PLUS Five j5) COPIES OF THE PROPOSAL DOCUMENT INCLUDING ANY ATTACHMENTS AND ONE(1) DISC IN PDF FORMAT. THE ABOVE REQUIREMENT TOTALS SEVEN (7) SEPARATE PACKAGES OF THE PROPOSAL AND ONE(1) DISC. INSTRUCTIONS TO PROPOSERS Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. All materials (except for plans and schematics, if any) are to be submitted on 8 1/2" X 11" pages, neatly typed on one side only, with normal margins and spacing. All documents and information must be fully completed and signed as required. The original document package must not be bound. The document package copies should be individually bound. Proposals that do not include the required documents may be deemed non- responsive and may not be considered for contract award. CONTENTS OF PROPOSAL The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Proposal must include the following information: 1) Proposal Form The attached 3-Part Proposal Forms is to be used as the cover page for the Proposal. These documents must be fully completed and signed by an authorized officer of the Proposer submitting the Proposal. 22 2) Table of Contents The table of contents should outline in sequential order the major areas of the Proposal. All pages of the Proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the table of contents. 3) Executive Summary Provide a brief summary describing: (a) Purpose of the proposal (b) The Proposer's ability to perform the work requested in this RFP; (Refer to Part V, 3. Qualifications and 4. Specifications to be provided. (c) A history of the Proposer's background and experience in providing emergency medicine services; (d) Any other information called for by this RFP which the Proposer deems relevant, including any exceptions to this RFP. This summary should be brief and concise to advise the reader of the basic services offered, experience and qualifications of the Proposer, and any other relevant information. 4) Proposer's Approach and Plans Describe in detail: • Event Scope • Fees. Provide a list of services by tasks and their associated costs. • Expectations of City Staff 5) Proposer's Experience and Past Performance a. Describe the Proposer's and/or sub consultant's past performance and experience and state the number of years that the Proposer and/or sub consultant has been in business. b. Provide a detailed description of at least two (2) examples of providing medical direction to an EMS agency. The description of each past project should identify: (1) client, (2) description of work, (3) total dollar value of the contract, (4) dates covering the term of the contract, and (5) client contact person, phone number and e-mail address. Where possible, list and describe those projects performed for government clients or similar size private entities. The examples should evidence the Proposer's ability to manage an Emergency Medical Technician services program. c. Provide information concerning any prior or pending litigation by the Proposer, or any of its employees. 23 6) Financial Capability/Documentation a. Include copies of the Proposer's most recent financial statements. b. Include evidence of general liability insurance and workers' compensation insurance as described in Part IV— Special Conditions, Section 13, or provide a letter of intent to obtain same. c. Include evidence of current medical licenses to perform the specified services in the State of Florida. Note: After Proposal submission, but prior to the award of any contract issued as a result of this RFP, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the key personnel identified in its Proposal. (THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.) 24 PROPOSAL FORM / PART I — SIGNATURE PAGE RFP#2009-016 MEDICAL DIRECTOR SERVICES (EMS) To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 (Contractor) agrees to provide MEDICAL DIRECTOR SERVICES as defined in this Request for Proposal document and in accordance with the requirements of the specifications and contract documents. The undersigned Proposer/Contractor has carefully examined the MEDICAL DIRECTOR SERVICES specification requirements and related RFP/Contract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to provide MEDICAL DIRECTOR SERVICES called for by the Specifications and RFP/Contract Documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service and rates stated in the spaces herein provided. Upon award of this RFP, the City and Proposer/Contractor each binds himself, itself, or herself, his/her/its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the RFP/Contract Documents. The RFP/Contract Documents constitute the entire agreement between the City and Proposer/Contractor and may only be altered, amended, or repealed by a Change Order or a written amendment. The Proposer/Contractor, by signing these Proposal Form pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this RFP Document. Proposer/Contractor shall guarantee MEDICAL DIRECTOR SERVICES within calendar days from receipt of Purchase Order or Notice to Proceed. Dated this day of (Month) (Year) 4�, °grg rz r3k z g. �'� r � .. � +S u� ,em h � a, . '4 tss 8 }+ a. :'rt x'453 By: / (Signature) (Print name) Address: Telephone: ( ) Fax: ( 25 Cell: ( ) E-mail: Social Security Number(OR)Taxpayer Identification Number(TIN): ,..#... ,.+t"+e"-."°v€�``''fc+ '' �", m,�.,? 4 7?+, 6.B .,• By: / (Signature) (Print name) Address: Telephone: ( ) Fax: ( ) Cell: ( ) E-mail: Taxpayer Identification Number(TIN/EIN): State under which corporation was chartered: Corporate President: (Print Name) Corporate Directors: (Print Names) Corporate Secretary: (Print Name) Corporate Treasurer: (Print Name) (CORPORATE SEAL) Attest By: Secretary Signature: Date: 26 PROPOSAL FORM / PART II - QUESTIONNAIRE Lawsuits (any) pending or completed involving the corporation, partnership, or other entity or individuals with more than ten percent(10%) interest: a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract. b. List all judgments from lawsuits in the last five years which are concerned directly with the staff or part of your organization proposed for the contract. c. There are no judgment liens and all invoicing is current in regards to my business. ❑ Yes ❑ No 27 PROPOSAL FORM / PART III DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and/or service are received by the City for this concession service, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities/services, which are under this submittal and related contract, a copy of the statement specified in section 1 of this submittal. 4. In the statement specified in section 1 and posted as a "drug-free work place", notify the employees that, as a condition of providing these services that are under contract, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Contractor complies fully with the above requirements. Corporation's Name: Signature: Print Name: E-mail Address: 28 PROPOSER'S CHECK LIST YES_ NO 1. Complete Proposal Forms: Part I -Signature Page Part II -Questionnaire Part III—Drug-Free Work Place Statement YES_ NO 2. Proposal(See Part VII—Instructions to Proposers) YES NO 3. Proof of Insurance/Letter of Intent YES_ NO 4. Proposal prepared in one(1) original, Five (5)copies and one (1)disc in PDF format YES_ NO 5. Copies of applicable licenses/permits YES_ NO 6. Examined the attached Sample Contract Document YES_ NO 7. Resumes *This check list shall not to be construed as identifying all required submittal documents for the RFQ. Each Proposer is responsible for reading the entire document to ensure compliance. 29 SAMPLE AGREEMENT FOR MEDICAL DIRECTOR SERVICES (EMS) 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 33410 and (hereinafter referred to as "Contractor"), whose address WHEREAS, the Contractor submitted a Proposal on those certain specifications and RFP documents for MEDICAL DIRECTOR SERVICES, Request for Proposal No. 2009-005 (hereinafter referred to as "Lease Services"), issued by the City; and WHEREAS, the Contractor is deemed to be the responsive Proposer, and the City desires to award this agreement to the Contractor on the terms and conditions as more particularly described below and as contained in the specifications and RFP No. 2009-005 documents for the MEDICAL DIRECTOR SERVICES, and the Contractor's response thereto, all of which are hereinafter incorporated by reference and are referred to as "Specifications and RFP Documents"; and WHEREAS, the Contractor is desirous of entering into this agreement with the City pursuant to the terms and conditions, as more particularly described herein, and pursuant to the Specifications and RFP Documents. 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 perform the services and duties as provided for in the Specifications and RFP Documents and comply with all of the terms provided for in the Specifications and RFP Documents. 3. This initial agreement term shall commence upon final execution of the agreement by the City and shall expire . The City reserves the right to extend the agreement , all terms, conditions and specifications remain the same, and both parties agree to the extension. In the event services are scheduled to end because of the expiration of this agreement, the Contractor shall continue the service upon the request of the 30 Project Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing agreement. The same terms and conditions that are in effect at the end of the natural term of this agreement shall remain in effect for the 90 day period. 4. The Contractor shall provide to the City all services, work, that are necessary to fulfill its obligations pursuant to the Specifications and RFP Documents, and related submittals. All prices for the services and work herein shall be in accordance with the Contractor's response and in accordance with the Specifications and RFP Documents. The City agrees to pay the Contractor an amount not to exceed $ during the term of this agreement. 5. The Contractor shall maintain all insurance as is required by the Specifications and RFP Documents. Prior to commencing any work, performing services, or supplying products, the Contractor shall provide to the City such insurance coverage that the City has requested in the Specifications and RFP Documents. In addition, the Contractor agrees to provide to the City such other insurance coverage requested by the City's Finance Department and with such coverage amounts and deductibles as is requested by such Department. In addition, prior to commencing any work or supplying any products pursuant to the Lease Services or the Specifications and RFP Documents, the City must approve all Insurance Certificates provided by the Contractor. 6. All renewals of this agreement shall be pursuant to the Specifications and RFP Documents. 7. The Contractor agrees, warrants, covenants, and represents that all products, work, and services that it shall perform pursuant to this agreement, the Lease Services, and the Specifications and RFP Documents as it relates to the City, shall be performed in a professional and sanitary manner. The Contractor warrants the merchantability and fitness of the products and services as contemplated in this agreement, the Project, and the Specifications and RFP Documents. 8. 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 or breach of contract and any other persons or entities employed or utilized by the Contractor in performance of this agreement, the Project, and the Specifications and RFP Documents. This indemnification is in addition to the indemnification found in the Specifications and RFP Documents. 31 9. In performance of its obligations hereunder, the Contractor agrees to comply with all applicable laws, rules, regulations, orders, codes, criteria, and standards, whether federal, state, or local. 10. 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. 11. In addition to any other termination provisions found in the Specifications and RFP Documents, this agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this agreement through no fault of the Contractor. In addition to any other termination provisions found in the Specifications and RFP Documents, this agreement may be terminated by the City, with or without cause, upon thirty (30) days' written notice to the Contractor. After receipt of a termination notice, and except as otherwise directed by the City, the Contractor shall stop work on the date specified. The Contractor shall not be entitled to any claim of loss of profits from a termination by the City. 12. 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, hurricanes, 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. 13. 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. 14. 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. 32 15. This agreement is binding upon the parties hereto, their heirs, successors, and assigns. 16. 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. 17. 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 of any subsequent default or breach. 18. The invalidity, illegality, 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 the agreement. Any void provision shall be deemed severed from the agreement, and the balance of the agreement shall be construed and enforced as if the agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire agreement from being void should a provision, which is of the essence of the agreement, be determined to be void. 19. 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 the agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 20. 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. 21. 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: 33 As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney As to the Contractor: Attn: Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmission received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the Contractor and the City. 34 IN WITNESS WHEREOF, the City and the Contractor have executed this agreement all as of the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS By: By: Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor APPROVED AS TO FORM AND (SEAL) LEGAL SUFFICIENCY By: Robert A. Rosillo, Assistant City Attorney WITNESS: By: By: Printed Name: Printed Name: Title: By: Printed Name: (CORPORATE SEAL) 35 AFFIDAVIT Before me personally appeared on behalf of entity. He/She has personal knowledge of the matters stated in this Affidavit and makes this Affidavit under penalty of perjury. 1. is over the age of 21 years. 2. has the authority to execute that certain agreement with the City of Palm Beach Gardens entitled and dated and said entity has taken all actions necessary, legal or otherwise to enter into this agreement/contract with the City of Palm Beach Gardens. is the of said entity. 3. I, , have no judgment liens and all invoicing is current in regards to my business. 4. entity and the party executing this Affidavit understand that material reliance will be placed on this Affidavit by the City of Palm Beach Gardens. COMPLETED THIS DAY OF , 2009 By: As Affiant, individually and on behalf of said entity named above The foregoing Affidavit was executed by before me this day of and Affiant is personally know to me or has produced as identification. NORARY PUBLIC My Commission expires: 36 Resolution 82,2009 EXHIBIT "B" PROPOSAL FORM / PART I -SIGNATURE PAGE RFP#2009-016 MEDICAL DIRECTOR SERVICES(EMS) To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 / vlrlC-fh J C.k ,6 IPIf] P4 (Contractor) agrees to provide MEDICAL DIRECTOR SERVICES as defined In this Request for Proposal document and in accordance with the requirements of the specifications and contract documents. The undersigned Proposer/Contractor has carefully examined the MEDICAL DIRECTOR SERVICES specification requirements and related RFP/Contract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to provide MEDICAL DIRECTOR SERVICES called for by the Specifications and RFP/Contract Documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service and rates stated in the spaces herein provided. Upon award of this RFP, the City and Proposer/Contractor each binds himself, itself, or herself, his/her/its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements,and obligations contained in the RFP/Contract Documents. The RFP/Contract Documents constitute the entire agreement between the City and Proposer/Contractor and may only be altered,amended,or repealed by a Change Order or a written amendment. The Proposer/Contractor, by signing these Proposal Form pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this RFP Document. Proposer/Contractor shall guarantee MEDICAL DIRECTOR SERVICES within / 0 calendar days from receipt of Purchar Order or Notice to Proceed. Dated this I f day of � , Zoo 5 (Month) (Year) INDIVIDUAL, FIRM,CORPORATION, LIMITED LIABILITY,PARTNERSHIP OR OTHER FORM IF ENTITY �/ By: ■ th:� Mr: / ��CF`iv!-t`1) (Sig ature) (Print name) I Address: 111/e1 R i V-e C P r\e S C Telephone: Sao o 436 J / Fax: (; ) 7Y - /0 o,R 25 Cell a f ) L/?� ` GI/ E-mail: )(5'c ke @ VZ J1 aZMckI,err y . of Social Security Number(OR)Taxpayer Identification Number(TIN): (Cc` 0 ci 3/? -61) CORPORATION By: / (Signature) (Print name) Address: Telephone: ( ) Fax: ( ) Cell: ( ) E-mail: Taxpayer Identification Number(TIN/EIN): State under which corporation was chartered: Corporate President: (Print Name) Corporate Directors: (Print Names) Corporate Secretary: (Print Name) Corporate Treasurer: (Print Name) (CORPORATE SEAL) Attest By: Secretary Signature: Date: 26 PROPOSAL FORM/ PART II - QUESTIONNAIRE Lawsuits (any) pending or completed involving the corporation, partnership, or other entity or individuals with more than ten percent(10%) interest: a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract. Nd n e. b. List all judgments from lawsuits in the last five years which are concerned directly with the staff or part of your organization proposed for the contract. Non e. c. There are no judgment liens and all invoicing is current in regards to my business. [►. es No 27 PROPOSAL FORM I PART III DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and/or service are received by the City for this concession service, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities/services, which are under this submittal and related contract, a copy of the statement specified in section 1 of this submittal. 4. In the statement specified in section 1 and posted as a "drug-free work place", notify the employees that, as a condition of providing these services that are under contract, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Contractor complies fully with the above requirements. ,,// c��� Corporation's Name:_,rh'1 e-t A A- ..x` rvelf.piA. Signature: - t3 Print Name: K/112.eri/1 A-. cCli f fp2 /Pi) E-mail Address: 1iScJ1efpke A C VZt ..53//e4Acr7 28 Table of Contents Executive Summary Page 1-3 CV Page 4-6 Certificate of Medical Insurance Page 7-8 Certificate of General and Auto Insurance Page 9-10 ABEM Board Certification Page 11-12 Medical Licensure Page 13 DEA License Page 14-15 PALS, ITLS, ACLS Certifications Page 16-18 Addendums 1 and 2 Page 19-22 Letter of Intent Page 23 Executive Summary Purpose of the Proposal: To provide high quality medically accurate EMS Medical Director Services with strong continuing quality improvement programs for the City of Palm Beach Gardens. Qualifications Summary: EMS Medical Director Boynton Beach Fire Rescue 2000—present Medical Director PBCC EMS Academy 2000—present Medical Director ATEC EMS Programs 2001-2006 Medical Director JFK Medical Center Emergency Department 2004- present President Florida Chapter of the American Academy of Emergency Medicine 2009 Strong background in EMS education, medical direction, quality oversight and improvement for nearly a decade in Palm Beach County. Proposer's Approach Plans and Experience: I have been in a leadership position in Emergency Medicine and EMS in Palm Beach County for one decade. My approach to these responsibilities is to lead by example with a strong work ethic, heavy focus on up to date evidence based medicine and a commitment to continual quality improvement through a foundation of education and training. Since assuming the role of Medical Director of PBCC EMS and Fire Academy the programs have had a meteoric rise in quality of education, Statewide Reputation as a center of excellence and a consistently top tier pass rate on the various State examinations for EMT, Fire and Paramedic. This was accomplished through a resolute demand for quality personnel and a demand of quality performance from our students. In 2000 I became the Medical Director of Boynton Beach Fire Rescue. During that time the department has grown to over 100 full time paramedics and has expanded from three to 5 stations.The originally outdated EMS Medical Protocols are now cutting edge and is often requested by other departments as a template to be used for updating their protocols. We have attracted energetic top notch medics who want to work hard to improve their skills and knowledge and provide great service to the City's residents because that is the culture that I demand from our organization. In 2004 I became Co-Medical Director of JFK Medical Center's Emergency Department. At the time JFK had long waits was considered a terribly difficult place to work by both nurses and physicians and often experienced prolonged EMS turnover owing to dysfunctional systems. Since taking over the leadership role,JFK ED has now become the second fastest emergency department in the nation amongst the HCA Hospital Chain, is by far the busiest Emergency Department in Palm Beach County, boasts a top notch nursing and physician staff who have all adopted the corporate culture of excellence and service, and has a consistent 95 - 100% EMS offload in less than 10 minutes. Average time to see a physician for patients at JFK Emergency Department is currently 10 minutes.The average wait in the State of Florida is over 3 hours. During my role as Medical Director of the JFK Medical Center's Emergency Department, I have interacted and helped to train and improve the skills of countless EMS students, resident physicians, medical students and physician assistant students. I am very active in EMS both locally as a member of the Palm Beach County EMS Medical Directors Association and Statewide as President of the Florida Chapter of the American Academy of Emergency Medicine. I am also a member of the Florida Association of EMS Medical Directors. If accepted to perform the duties of Medical Director for Palm Beach Gardens Fire rescue, I will be bringing a wealth of organizational, leadership and quality improvement skills to the department. I will demand top notch quality from the staff, and will perform Quality Improvement in a non punitive educational manner. EMS Protocols will be reviewed and where necessary revised to remain in line with cutting edge medically correct science. All paramedics and EMT's will be expected to remain knowledgeable about the protocols and medications, and will be expected to maintain all of their BLS and ALS skills. A corporate culture of excellence, continuous learning and service to the community will be maintained. Fees: I propose an annual fee of$45,000.00 for my services. The services included will be 24/7 availability of offline Medical Control, at least quarterly educational QA meetings, at least annual review and update of EMS Protocols. In addition all of the requirements of a Medical Director of EMS per Florida rules and Statutes will be included in this fee. Assuming the various insurance requirements of the position are not excessively burdensome they will also be included in this fee. 4 KENNETH A. SCHEPPKE, M.D . , F.A.A.E .M. JFK Medical Center 5301 South Congress Ave Atlantis, Florida 33462 561-548-3549 Board American Board of Emergency Medicine Certification 1996-present Postgraduate Medical Center of Delaware Training Department of Emergency Medicine July 1992 - June 1995 Chief Resident July 1994 - June 1995 Education State University of New York at Stony Brook School of Medicine Doctor of Medicine: May 1992 Alpha Omega Alpha State University of New York at Stony Brook Bachelor of Science : May 1988 Major: Biochemistry Minor: Anthropology Magna Cum Laude Phi Beta Kappa Licensure Florida NBME NBME Part III - 99 percentile Certification NBME Part II - 98 percentile NBME Part I - 94 percentile Emergency Medical Director Boynton Beach Fire Rescue Medical 2000 - Present Services Medical Director Palm Beach Community College Paramedic and Fire/EMS Academy 2000 - Present Medical Director ATEC EMS Programs 2001 - 2006 �.1 Professional Florida Academy of Emergency Medicine Societies President 2009 American Academy of Emergency Medicine Fellow Florida Association of EMS Medical Directors Member Palm Beach County Medical Directors Association Member Florida Medical Association Member Administrative Palm Beach Emergency Medicine Associates Co-Owner 2004 - Present Assistant Medical Director Emergency Department JFK Medical Center 2001 - Present Quality Leadership Committee JFK Medical Center 2004 - Present Peer Review Committee JFK Medical Center 2005 - Present Continuing Education Committee - Member JFK Medical Center 2002, 2003 American Heart Association Operation Heartbeat Co-Chairman - 2002, 2003 Assistant Medical Director Emergency Department Palm Beach Gardens Medical Center 1995-1999 Performance Improvement Director Emergency Dept. Palm Beach Gardens Medical Center 1995-1999 Code Blue Committee Physician Representative Palm Beach Gardens Medical Center 1995-1999 Continuous Performance Improvement Committee Medical Center of Delaware July 1994 - June 1995 Teaching Educational Director for ER Rotation University of Miami School of Medicine and FAU Internal Medicine Residency Program at JFK Medical Center 2008 - Present Clinical Assistant Professor of Medicine Nova Southeastern College of Osteopathic Medicine Clinical Instruction to Residents, Medical Students and Physician Assistant Students 1999 - Present Teaching JFK Medical Center Grand Rounds Presentations Continued "Induced Hypothermia" March 2009 "Pulmonary Embolism" May 2002 JFK Medical Center Lectures "Stroke: Rapid Response" June 2005, October 2005 "Weapons of Mass Destruction" July 2003 "Smallpox" February 2003 Palm Beach Community College EMS Academy Lectures "Common Pre- Hospital Pitfalls" 2004, 2005, 2006, 2007, 2008, 2009 Palm Beach Community College Training Center Faculty Advanced Cardiac Life Support Pediatric Advanced Life Support 1996 - Present Work Experience JFK Medical Center Emergency Department July 1999 - Present Palm Beach Gardens Medical Center Emergency Department June 1995 - July 1999 Advanced Training Center Faculty: ACLS, PALS Life Provider: BTLS, PALS Support Instructor: PALS, ACLS Publications American College of Emergency Physicians Foresight Editorial Panel 1994 - 1997 Emergency Medicine self-assessment and review Third Edition Contributing Author: Chapter 25 Cocaine Associated Myocardial Infarction Study Group: Manuscripts Published: 1 . "Cocaine associated myocardial infarction: Mortality and Complications . " Archives of Internal Medicine 1995 2 . "Cocaine associated myocardial infarction: Clinical safety of thrombolytic therapy. " Chest 1995 "Time to Equilibration of Oxygen Saturation Following a Change in Fi02 as Recorded by Pulse Oximetry in the Emergency Department" Abstract presented: Seventh World Congress on Emergency and Disaster Medicine: 1991 Health Care lndemnity,Inc. Certificate of Insurance HCr P.O.Box 555 Page 1 of 2 j Nashville,TN 37202-0555 Phone:615/344-5847 HrJrh y;. ty,inc. Fax:615/344-5889 DATE: 1/1/2009 COI#: 79 This is to certify to: JFK MEDICAL CENTER-CONTRACTED EMERGENCY MEDICINE SERVICES (Name of Certificate Holder) 5301 SOUTH CONGRESS AVENUE ATLANTIS FL 33462 that the described insurance coverages as provided by the indicated policy has been issued to: Named Insured: HCA CONTRACTED PHYSICIANS Address: ONE PARK PLAZA P.O.BOX 555 NASHVILLE,TN 37202-0550 The Policy identified below by a policy number is in force on the date of Certificate issuance.Insurance is afforded only with respect to those coverages for which a specific limit of Lability has been entered and is subject to all the terms of the Policy having reference thereto.This Certificate of Insurance neither affirmatively nor negatively amends,extends or alters the coverage afforded under any policy identified herein. d -r " r Eff.1-1-2009 HCI-CT-10109 Exp.1-1-2010 Comprehensive General Liability- N/A Each and Every Occurrence Form Occurrence • Bodily Injury • Property Damage • Products and Completed Operations N/A Aggregate • Personal and Advertising Injury Health Care Professional Liability- $250,000 Each and Every Claims-Made Fain Occurrence $750,000 Aggregate SPECIAL CONDITIONSIOTHER Specialty 553 COID: 37969 THE NAMED INSURED INCLUDES JFK MEDICAL CENTER See attached addendum for specifics of coverage. Cancellation:Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail ninety days written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Cebu oesioo+d (AuthaMtid itta.rslvroE u orlo.41��I L tioro ..� CERTIFICATE HOLDER Page2ot2 JFK MEDICAL CENTER CONTRACTED EMERGENCY MEDICINE SERVICES 5301 SOUTH CONGRESS AVENUE The above referenced policy provides coverage for the following Medical Professionals contracted by the Named Insured only while working for,or on behalf of,the above Named Insured,limited to CONTRACTED EMERGENCY MEDICINE SERVICES including,but not limited to: COID LAST FIRST DEGREE START DATE RETRO DATE 37969 BEATTIE PHILIP MD 04/04/2004 37969 BELLO ADAM MD 04/0412004 37969 FOWLER DAVID MD 04/042004 37969 GINES ROBERTO MD 04/04/2004 37969 GURDOCK GEORGE J. DO 07/122004 37969 ROSENTHAL DAVID MD 04/042004 37969 RUMBALL CASWELL MD 04/0412004 37969 SASSON VICTOR MD 04/04/2004 37969 SCHEPPKE KENNETH MD 04/042004 37969 WILLIS SCOTT MD 04/042004 Coverage is provided on a claims-made basis and includes an unlimited reporting period. However,prior acts coverage is not included. V O'*ad! on•rt,;.e 4 Private Client Group A division of AIU Holdings E X C E S S L I A B I L I T Y American International Ins Co. (Name of issuing company) Renewal Effective:07/20/09 DECLARATIONS PAGE Your Declarations Page shows at a glance the coverage you have and your premium. Your Declarations Page is part of your policy. Please read your policy carefully, including your Declarations Page and any attached Endorsements, for a description of your coverage. Policy Number Policy Period 07/20/2009 - 07/20/2010 PCG 0002198303 At 12:01 A.M. standard time at your mailing address shown below Name of Insured and Mailing Address Agency Name, Address, Phone # & Code Kenneth and Cathy Scheppke Tequesta Insurance Agency 4480 River Pines Ct. 218 U.S. Highway One Jupiter, FL 334-69 Suite 300 Tequesta, FL 33469 (561) 746-4546 0051965 "YOU WILL BE BILLED SEPARATELY FOR ANY PREMIUM DUE". A. PERSONAL EXCESS LIABILITY COVERAGE LIMIT $5,000,000 Excess Uninsured/Underinsured Motorist Limit $ 1,000,000 B. LIMITED EMPLOYMENT PRACTICES LIABILITY LIMIT Annual Aggregate $ Not Applicable Per Wrongful Employment Act $Not Applicable Deductible $ Not Applicable C. LIMITED CHARITABLE BOARD DIRECTORS AND TRUSTEES LIABILITY COVERAGE Annual Aggregate $ Not Applicable Per Wrongful Act $ Not Applicable Cr; 8 0 O Required Underlying Insurance Minimum Required Underlying Limits 1.Personal Liability, Homeowners or Bodily Injury/Property Damage $300,000 each occurrence Comprehensive Personal Liability Combined Single Limit 2. Private Passenger Auto and Licensed Bodily Injury and Property Damage or $250,000 Bodily injury each person Recreational Vehicles $500,000 Bodily injury each accident Y� ti $ 25,000 Property damage each accident Combined Single Limit: $300,000 each accident - { Uninsured/Underinsured Motorist Bodily Injury and Property Damage or $250,000 Bodily injury each person Protection $500,000 Bodily injury each accident $ 25,000 Property damage each accident Combined Single Limit: $300,000 each accident PEL-DEC-FL (01/09) • / Private Client Group A division of AIU Holdings E X C E S S L I A B I L I T Y American International Ins Co, (Name of issuing company) Policy Number:PCG 0002198303 Schedule of Underlying Insurance Homeowners Location Insuring Company 1 4480 River Pines Ct. Jupiter, FL 33469 2 5008 Sunset Village Dr LLC Duck Key, FL 33050 Private Passenger Auto and Licensed Recreational Vehicles Description Insuring Company 1 2008 Lexus ES 350 2 2002 Honda Accord 3 2006 Ford Expedition Unlicensed Recreational Vehicles m U, m 0 Description Insuring Company NONE 0 03 W N Yacht and Personal Watercraft $ Description Jnsuring Company 1 2004 24 FT. Sea Chaser 2400TC American Board of Emergency Medicine �� i t JJ 301)(1 Coolidge Read 517.332.4800 }6! East Lansing, Michigan 48823.6319 fax 517.332,2234 �ke5V ww�v.atem.org December 18, 2006 Kenneth Andrew Scheppke, M.D. 4480 River Pines Ct Tequesta,FL 33469 Dear Dr. Scheppke: Congratulations! The American Board of Emergency Medicine(ABEM) is pleased to inform you that you have successfully completed the 2006 Continuous Certification examination(ConCert). You have renewed your certification as a diplomate of the American Board of Emergency Medicine. The dates of your renewed certification are December 18, 2006,through December 31,2016. Enclosed are your Examination Results Report, Candidate's Keyword Report, Frequently Asked Questions,General Information for American Board of Emergency Medicine Diplomates,and a sample news release for your use. To maintain your certification beyond December 2016,you must participate in Emergency Medicine Continuous Certification (EMCC). To be eligible to take the ConCert examination to renew your certification in 2016, you must pass eight online Lifelong Learning Self Assessment(LISA)tests starting with the 2007 LISA test,prior to registering for the 2016 ConCert. You must also attest to participation in practice improvement activities that meet ABEM requirements,starting in 2011. General information regarding EMCC, including the Assessment of Practice Performance(APP) component, is available on the ABEM public website www.abem.org. Throughout your certification, please keep your contact and medical licensure information current through your EMCC Online Personal Page. Best wishes for continued success. Sincerely, V.AU.1/55-44•• /169 991r.e#414 44Affee. L nnette r-Wi�ins M.D. Harold A Thomas,M.D. President Secretary-Treasurer LDW/HATIfo (20133) Enclosures: Examination Results and Candidate's Keyword Report Physician Task Definitions and Codes Frequently Asked Questions about your Examination Score General Information for American Board of Emergency Medicine Diplomates Sample News Release Diplomate Participation in Reading Selection Process for Lifelong Learning and Self Assessment Etecutiee Finance Committee Directors F v1•rve Director Lynn Ste Onan-Niminr.M.D Hanrkl A.Thomas,M.P. 1-kmatd A.Besaeo.M.O. t.Maek Mtsralith.M.D. Mary Am RNinhut,r'h.n. Prasirknt Secretary•Trearterrer RObert E.COltier,M.D. trim C.Moorhead,MO, Ibla Kay Cnlurka,,M D. Debra C.,P■nna,M.D, tity C.A.Conrad,M.d, Rir hard N.t,lejsem.MD. Senior Management Pie,41errl-Eka-t tonnber•at-Large Inet M.Caniderman,M Il. Mark 1.Steely,M.O. Small K Ad50 Lrwrrs 1.Ling,M.U. lairs H.Jnewt,M.D. Arailwnir and&mud Retaliam /nrrrrerli.'rml a;r-F'nt+irk•rn to Merl Linder,M.rf. toim H.nkyhnrne,SPUR Dperarau.s Arne L.Haney,Ph 0. Era thitio r and R,ne.a i The ABEM mission is to protect the public by promoting and sustaining the integrity,quality,arid standards ni training in and txatliec'of Emergency Medicine, A Member Hoard 01 the Arr,erican Board of Medical Specialties i2 ,,g%5.-4 American Board of Emergency Medicine (Q1 0 {y .\' fs) 2006 CONCERT EXAMINATION Testing Date: October 25,2006 EXAMINATION RESULTS Kenneth Andrew Scheppke, M.D. I.D. #: 20133 Examination Decision PASS Scoring Criterion _ __ -_ -_--�____ Your Results A score of at least 75 must be attained to pass 97 AC# 2842471 STATE OF FLORIDA • 1 DEPARTMENT OF HEALTH DIVISION OF MEDICAL QUALITY ASSURANCE DATE LICENSE NO. CONTROL NO. 14129124@T ME 1624 21517 The MEDICAL DOCTOR named below has met all requirements of the laws and rules of the state of Florida. Expiration Pate: JANUARY 31,2010 KENNETH•ANDREW SCHEPPKE 5301 SOUTH CONGRESS AVE ATLANTIS FL 33462-1197 UNITP STATES • AfAz4A Charlie Crist Ana M.Vlarnonte Roe,M.D.,KLP,H. GOVERNOR STATE SURGEON GENERAL DISPLAY IF REQUIRED BY LAW STATE OF FLORIDA ACM 2842471 DEPARTMENT OF HEALIT1 DAelSiON OF MEDICAL QUALITY ASSURANCE DATE l+CENSE NO. C+ •■L NO. --_'#Intr11111 emu The IVDICA.DOCTOR nano)bow bee met,alllmquromaraz of Ina ewe and rules o(Me efes of Fludde. Expiollan Dare: JANUARY 31.TOO KENNET NDREW SCHEPPKE i -77,, IC E 81GNATURF DEA Form 224A - , 1 of 1 1 CONTROL LED SUBSTANCE REGISTRATION CERTIFICATE DEA REGISTRATION THIS REGISTRATION FEE UNITED STATES DEPARTMENT OF JUSTICE NUMBER EXPIRES PAID DRUG ENFORCEMENT ADMINISTRATION BS4388876 02-28-2010 Paid WASHINGTON.D.C,20537 SCHEDULES BUSINESS ACTIVITY DATE ISSUED 2,2N,S PRACTITIONER 01-14-2007 3N,4,5 SCHEPPKE,KENNETH ANDREW MD Sections 304 and 1008(21 U.S.C.824 and 958)of the Controlled JFK MEDICAL CENTER Substances Act of 1970,as amended,provide that the Attorney 5301 S.CONGRESS AVE General may revoke or suspend a registration to manufacturer, ATLANTIS, FL 33462 distribute,dispense,import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP,CONTROL,LOCATION,OR BUSINESS ACTMTY, AND IS NOT VALID AFTER THE EXPIRATION DATE. CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON,D.C,20537 DEA REGISTRATION THIS REGISTRATION FEE NUMBER EXPIRES PAID BS4388876 02-28-2010 Paid SCHEDULES BUSINESS ACTIVITY DATE ISSUED 2,2N,3 PRACTITIONER 01.14-2007 3N.4,5 SCHEPPKE,KENNETH ANDREW MD Sections 304 and 1008(21 U.S.C.824 and 958)of the g JFK MEDICAL CENTER Controlled Substances Act of 1970,as amended,provide 5301 S.CONGRESS AVE that the Attorney General may revoke or suspend a ATLANTIS, FL 33462 registration to manufacturer,distribute,dispense,import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP,CONTROL,LOCATION,BUSINESS ACTIVITY,OR VALID AFTER THE EXPIRATION DATE. https://www.deadiversion.usdoj.gov/webforms/rnw224aPrintCertImage.do 1/14/2007 DEA Form 224A 4atie=1=ef 1 1 S ..� CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE DEA REGISTRATION THIS REGISTRATION FEE UNITED STATES DEPARTMENT OF JUSTICE NUMBER EXPIRES PAID DRUG ENFORCEMENT ADMINISTRATION BS7067817 02-28-2010 Exempt WASHINGTON,D.C,20537 SCHEDULES BUSINESS ACTIVITY DATE ISSUED 2,2N,3 PRACTITIONER 01-14-2007 Thls registration is only for use at Federal or State Institutions. 3N,4,5 SCHEPPKE,KENNETH A MD Sections 304 and 1008(21 U.S.C.824 and 958)of the Controlled BOYNTON BEACH FIRE RESCUE Substances Act of 1970,as amended,provide that the Attorney 100 EAST BOYNTON BEACH'BLVD General may revoke or suspend a registration to manufacturer. BOYNTON BEACH, FL 33435 distribute,dispense,import or export a controlled substance. THIS CERTFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP,CONTROL,LOCATION,OR BUSINESS ACTIVITY, AND IS NOT VAUD AFTER THE EXPIRATION DATE. CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON,D.C,20537 DEA REGISTRATION THIS REGISTRATION FEE NUMBER EXPIRES PAID BS7067817 02-28-2010 Exempt SCHEDULES BUSINESS ACTIVITY DATE ISSUED 2,2N,3 PRACTITIONER 01-1q 2007 This registration Is only for use at Federal or State Institutions. 3N,4,5 SCHEPPKE,KENNETH A MD Sections 304 and 1008(21 U.S.C. 824 and 958)of the o BOYNTON BEACH FIRE RESCUE Controlled Substances Act of 1970,as amended,provide en N 100 EAST BOYNTON BEACH BLVD that the Attomey General may revoke or suspend a u7 BOYNTON BEACH, FL 33435 registration to manufacturer,distribute,dispense,import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP.CONTROL.LOCATION.BUSINESS ACTIVITY,OR VALID AFTER THE EXPIRATION DATE. https://www.deadiversion.usdoj.gov/webforms/rnw224aPrintCertImage.do 1/14/2007 / ^« � ,� `e•e�," ti tir•>Mw., w�.. .a �x �'1,�"7 American Heart it Association INV Learn and Live ACLS Provider Kenneth Scheppke, 7,0 This card certifies that the above individual has successfully 53 completed the national cognitive and skills evaluations in accordance with the curriculum of the American Heart Association for the Advanced Cardiovascular Life Support Program. May .2009 _...__...._....._. May 2011 '.a Issue Date Recommended Renewal Date Via, American Academy °; American Heart i I —7 of Pediatrics Association. Fighting Howl biome end Stroke • • PALS Instructor • Dr.Kenneth Scheppke MD This and certifies That the above Individual has successfully completed the natonsi cognitive and skills evaluations in accordance with the curriculum of the American Heart Association tot the Pediatric Advanced Life Support Instructor Program. September 2007 September 2009 lieu*Dm. Expiration De* • International ADVANCED BASIC PEDIATRIC ACCESS Trauma Life Support ADVANCED BASIC PEDIATRIC ACCESS Certificate of Participation Kenneth Scheppke, Medical Doctor has completed the Advanced Provider Course date course site 3/15/2008 Palm Beach Community College, Lake Worth,FL(Florida) course director course coordinator Mr.John Treanor,Jr ITLS Affiliate Faculty, AHA Regional Faculty, EMT-P 1 IT LS Improving Trauma Care Worldwide International Trauma Life Support This continuing education activity is approved by the Continuing Education Coordinating Board for Emergency Medical Services(CECBEMS)form continuing education hours(CEH). CECBEMS#:07-ITLS-F2-AP02 CEH Type:Advanced You have participated In a continuing educational program that has received CECBEMS approval for continuing education credit If you have any comments regarding the quality of this program and/or your satisfaction vAth it,please contact CECBEMS at CECBEMS.12200 Ford Road,Sub 478,Dallas,Texas 75234.Or by caMng 972.2474442 or by anal at Isibleyacacbanaaom. ITLS 6495-553 Card Holder's Signature trail= Kenneth Scheppke, Medical Doctor Medical Director's Signature has successfully corn pleted the cognitive skills evaluation in accordance with the standards of Successful completion does not warrant performance or authorize or qualify the International Trauma Life Support for this course. card holder to perform any procedure.This recognition is subject to the provisions and limitations of applicable chapter statutes and licensing acts. Advanced Provider Course Card Issue Date Expiration Date International Trauma Life Support 3/15/2008 03/2011 15280 Summit Avenue,Court B-2 Palm Omen Community Oakbrook Terrace,IL 60181 www.itrauma.org Course Number 553 Course Location tc.muimW.•Inn.L J � City of Palm Beach Gardens Request for Qualifications#2009-016 Title: MEDICAL DIRECTOR SERVICES (EMS) Addendum #1 The following information adds to, deletes, modifies or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the bidders as if contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination and completion of all work directly or indirectly affected by this Addendum. The following modification(s)shall be made to the contract documents: 1. Page 15 of the RFP, Paragraph 13—Insurance, is amended to read as follows: 13. INSURANCE: Proposers must submit with their submittal package, proof of insurance meeting or exceeding the following requirements, or a letter of intent to provide the following requirements if awarded the contract: • Workers' Compensation Insurance—as required by law. The policy must include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee. • General Liability Insurance — One Million Dollars ($1,000,000) minimum limit Combined Single Limit • Automobile Liability Insurance for owned vehicles, non-owned vehicles & hired vehicles — One Million Dollars ($1,000,000) annual aggregate, One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury, and One Million Dollars ($1,000,000) per accident for property damage. • Products/Completed Products Operations- One Million Dollars ($1,000,000) aggregate Medical Malpractice Insurance- minimum limit of Two Hundred Fifty Thousand Dollars ($250,000) per claim and Seven Hundred Fifty Thousand Dollar ($750,000) Annual Aggregate. Medical Director shall maintain coverage pursuant to section 401.265 Florida Statues and subject to section 768.28 Florida Statues. Medical Director shall be legally responsible for any deductible or self-retention of insurance, or any deductible of any insurance trust, which the City is obligated to pay based upon allegations against the Medical Director. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A or Z better, in accordance with the latest edition of A.M. Best's Insurance Guide. Coverage should not have any extraordinary exclusions. The successful Proposer must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. Signature of c oposer below acknowledges receipt of this Addendum. This document is to be attached to your submitt- package as directed in the RFP. Signature + D e City of Palm Beach Gardens Request for Qualifications #2009-016 Ail' Title: MEDICAL DIRECTOR SERVICES (EMS) Addendum # 2 The following information adds to, deletes, modifies or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the bidders as if contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination and completion of all work directly or indirectly affected by this Addendum. The following modification(s)shall be made to the contract documents: 1. Page 15 of the RFP, Paragraph 13— Insurance, is amended to read as follows: 13. INSURANCE: Proposers must submit with their submittal package, proof of insurance meeting or exceeding the following requirements, or a letter of intent to provide the following requirements if awarded the contract: • Workers' Compensation Insurance—as required by law. The policy must include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee. • General Liability Insurance — One Million Dollars ($1,000,000) minimum limit Combined Single Limit • Automobile Liability Insurance for owned vehicles, non-owned vehicles & hired vehicles — One Million Dollars ($1,000,000) annual aggregate, One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury, and One Million Dollars ($1,000,000) per accident for property damage. • Medical Malpractice Insurance- minimum limit of Two Hundred Fifty Thousand Dollars ($250,000) per claim and Seven Hundred Fifty Thousand Dollar ($750,000)Annual Aggregate. Medical Director shall maintain coverage pursuant to section 401.265 Florida Statues and subject to section 768.28 Florida Statues. Medical Director shall be legally responsible for any deductible or self-retention of insurance, or any deductible of any insurance trust, which the City is obligated to pay based upon allegations against the Medical Director. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A or better, in accordance with the latest edition of A.M. Best's Insurance Guide. Coverage should not have any extraordinary exclusions. The successful Proposer must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. Signature, proposer below acknowledges receipt of this Addendum. This document is to be attached to your sub • al package as directed in the RFP. Signature ate • Letter of Intent I Kenneth A Scheppke hereby make this letter of intent on August 17, 2009 to obtain and to provide proof of all of the various insurance coverages requested by the City of Palm Beach Gardens as requested in RFP # 2009-016 for Medical Director of EMS Services provided I am successfully awarded the contract at a rate mutually agreeable to myself and the city. --171(3 Kenneth A Scheppke, MD Resolution 82,2009 EXHIBIT "C" AGREEMENT FOR MEDICAL DIRECTOR SERVICES (EMS) 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 33410 and Kenneth A. Scheppke, M.D., P.A. (hereinafter referred to as "Contractor"), whose address is 4480 River Pines Court, Tequesta, Florida 33469. WHEREAS, the Contractor submitted a Proposal on those certain specifications and RFP documents for Medical Director Services, Request for Proposal No. 2009-016 (hereinafter referred to as "Medical Director Services"), issued by the City; and WHEREAS, the Contractor is deemed to be the responsive Proposer, and the City desires to award this Agreement to the Contractor on the terms and conditions as more particularly described below and as contained in the specifications and RFP No. 2009-016 documents for the Medical Director Services, and the Contractor's response thereto, all of which are hereinafter incorporated by reference and are referred to as "Specifications and RFP Documents"; and WHEREAS, the Contractor is desirous of entering into this Agreement with the City pursuant to the terms and conditions, as more particularly described herein, and pursuant to the Specifications and RFP Documents. 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 perform the services and duties as provided for in the Specifications and RFP Documents and comply with all of the terms provided for in the Specifications and RFP Documents. 3. This initial Agreement term shall commence upon final execution of the Agreement by the City and shall expire September 30, 2012. The City reserves the right to extend the Agreement for one (1) additional three (3) year period, all terms, conditions, and specifications remain the same, and both parties agree to the extension. In the event services are scheduled to end because of the expiration of this Agreement, the Contractor shall continue the service upon the request of the Fire Chief. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing Agreement. The same terms and conditions that are in effect at the end of the natural term of this Agreement shall remain in effect for the (90) day period. 4. The Contractor shall provide to the City all services and work that are necessary to fulfill its obligations pursuant to the Specifications and RFP Documents and related submittals. All prices for the services and work herein shall be in accordance with the Contractor's response and in accordance with the Specifications and RFP Documents. The City agrees to pay the Contractor an annual amount not to exceed Forty-Five Thousand Dollars ($45,000) during the term of this Agreement. 5. The Contractor shall maintain all insurance as is required by the Specifications and RFP Documents. Prior to commencing any work or performing services, the Contractor shall provide to the City such insurance coverage that the City has requested in the Specifications and RFP Documents. In addition, the Contractor agrees to provide to the City such other insurance coverage requested by the City's Finance Department and with such coverage amounts and deductibles as is requested by such Department. In addition, prior to commencing any work or services pursuant to the Medical Director Services or the Specifications and RFP Documents, the City must approve all Insurance Certificates provided by the Contractor. 6. The Contractor shall actively participate at the Fire-Rescue Department in accordance with those duties outlined in the Specifications and RFP Documents for a total of eight (8) hours per month. This may include, but not be limited to, the four (4) hour ride time indicated in the Specifications and RFP Documents. 7. All renewals of this Agreement shall be pursuant to the Specifications and RFP Documents. 8. The Contractor agrees, warrants, covenants, and represents that all work, and services perform pursuant to this Agreement, for the Medical Director Services, pursuant to the Specifications and RFP Documents as it relates to the City, shall be performed in a professional manner. The Contractor warrants the merchantability and fitness of the products and services as contemplated in this Agreement and the Specifications and RFP Documents. 2 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 or breach of contract by the Contractor in performance of this Agreement.. This indemnification is in addition to the indemnification found in the Specifications and RFP Documents. 10. In performance of its obligations hereunder, the Contractor agrees to comply with all applicable laws, rules, regulations, orders, codes, criteria, and standards, whether federal, state, or local. 11. 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. 12. In addition to any other termination provisions found in the Specifications and RFP Documents, this Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. In addition to any other termination provisions found in the Specifications and RFP Documents, this Agreement may be terminated by the City, with or without cause, upon thirty (30) days' written notice to the Contractor. After receipt of a termination notice, and except as otherwise directed by the City, the Contractor shall stop work on the date specified. The Contractor shall not be entitled to any claim of loss of profits from a termination by the City. 13. 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, hurricanes, 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. 3 14. 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. 15. 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. 16. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 17. 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. 18. 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 of any subsequent default or breach. 19. The invalidity, illegality, 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 the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 20. 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 the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 4 21. 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. 22. 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: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney As to the Contractor: Kenneth A. Scheppke, M.D., P.A. 4480 River Pines Court Tequesta, Florida 33469 Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmission received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the Contractor and the City. 5 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement all as of the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS By: By: Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor APPROVE' AS TO F■' AND L By: a ft I A. -•b'" A. ' •sillo, Asst. City Attorney WITNESSES: KENNETH A. SCHEPPKE, M.D., P.A. By: By: ;/v./4/ Print Name: - (CORPORATE SEAL) By: j S Print Name: „,-iet t� G:\attomey_share\AGREEMENTS\AGREEMENT-Medical Services Director-scheppke-2009.docx 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Resolution 58, 2009 Petition #: SPLA-07-08-000007 SUBJECT/AGENDA ITEM Resolution 58, 2009: Downtown at the Gardens Request to modify approved site plan Consideration of Approval: Don Hearing, agent for Downtown at the Gardens Associates, LTD., is requesting approval for modification of the approved site plan for Downtown at the Gardens to replace the most current shared parking analysis with parking regulations from City code; to revise the deadline for installation of the lake area stage plan; and provide a service court screening plan. The site is located north of Kyoto Gardens Drive, east of Alternate Al A, south of Gardens Boulevard, and west of the Landmark and Garden Pointe developments. [X] Recommendation to APPROVE with conditions [ ] Recommendation's ENY Reviewed by: j' / Originating Dept.: FINANCE: N/A City Council Action: City Attorney , "A Growth Management: [ ]Rec. approval R. Max Lohm•n, sq. Project �/'vrl Costs: $ N/A [ ] Rec. app. w/conds. Manager Total [ ]Rec.Denial Development Martin Schneider Compliance AICP, [ ] Continued to: Bahareh Keshavarz-Wolfs, $ N/A AICP Planner Current FY Planning Manager [X] Quasi—Judicial Funding Source: Natalie Wong, AIC [ ] Legislative Growth Manage [X]Public Hearing [ ] Operating Administrator Advertised: [X]Other NA Attachments: Kara L.Irwin, CP u ••Applicant narrative Required[ ] q Amended Stipulation Accountant 517 [X] Not Required Agreement Resolution 66,2007 Sarah Varga Budget Acct.#: ❖Resolution 120,2005 N/A ❖Resolution 58,2009 Approved By: City Manager %t/ Affected Parties: Ronal M. F- s [ ]Notified [X]Not Required Meeting Date:September 24,2009 Resolution 58,2009 Page 2 of 10 BACKGROUND Downtown at the Gardens (DTAG), the subject property, is located within the Regional Center Development of Regional Impact (DRI), which was first approved by City Council on June 5, 2003, by Resolution 91, 2003. The DTAG site plan allowed the development of 26,000 square feet of neighborhood commercial, 220,745 square feet of retail/restaurant, 67,690 square feet (up to 3,220 seats) of cinema, and 20,000 square feet of professional office, and provided for a number of development waivers and conditions. Approved concurrently was Resolution 93, 2003, which amended the DRI to allow the new mix of uses for the DTAG, and revised the conversion matrix to include an equivalency provision. On May 15, 2003, City Council adopted Resolution 92, 2003, which approved the lake tract improvement site plan for the lake/park area within the DRI. On December 18, 2003, Council approved Resolution 212, 2003 to modify the site plan by deleting an unaccounted 11,000 square feet, reduce the number of theater seats to 3,130, and increase the regional retail square footage by 1,473 square feet. On September 29, 2005, Resolution 120, 2005 approved an amendment to the DTAG site plan and lake improvement plan of the DRI by modifying certain conditions of approval, deferring some elements of the lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet of office space to the subject site, and providing for other modifications and waivers. Specifically, the project received a waiver to the screening requirement for the service court areas from public view. On January 10, 2005, an administrative approval revised the number of cinema allocation to 3,020 seats, and reallocated 1,800 sq. ft. of space between two proposed buildings (M1 and M2). On June 21, 2007, Resolution 66, 2007 approved an agreement between Downtown at the Gardens Associates, LTD., and the City related to the Applicant's violation of the project's Development Order, Resolution 120, 2005 in regards to parking requirements at DTAG. The term sheet to the agreement provided temporary relief to the parking issues while the Applicant processed a long-range solution. A brief overview of some of the terms includes: • A $5.4 million surety bond for additional parking; • A fourth floor expansion of the east parking garage; • Temporary parking on the Gosman property (aka Gardens Corporate Center) south of Kyoto Gardens Drive for a maximum of three years; • A cap on restaurant use at 92,986 sq. ft.; • A freeze on the amount of retail and office space until a long term parking plan is completed; Meeting Date:September 24,2009 Resolution 58,2009 Page 3 of 10 • Acknowledgement of the temporary use of the Kolter and Grand Bank properties for valet and employee parking while the Gosman site was developed; • Submission of a long term parking solution with an office building component, as permitted by Resolution 120, 2005; and • The responsibility of DTAG for its pro-rata share of signalization at Lake Victoria Gardens Avenue and Kyoto Gardens Drive. In July 2007, a request to amend the PCD within the DRI was submitted to permit an 180,000 square feet office building, including a 271 space parking garage. The proposed amendment included changes regarding the proposed stage, addition of two valet locations, and a new shared parking analysis. Staffs review of the proposal enumerated many design, intensity, and parking concerns for the applicant to address. The application was not pursued further at that time. In 2007, Institutional Mall Investors LLC (IMI), a joint venture between California Public Employees Retirement System (CALPERS) and an affiliate of Miller Capital Advisory, acquired Downtown at the Gardens from Menin Development Companies, Inc. IMI submitted the subject site plan amendment with the intent to meet the requirements of Resolution 66, 2007, by providing the corresponding long term parking solution and addressing some other remaining issues, including completion of the stage required by condition #6 of Resolution 120, 2005. The submittal eliminates the office building and the shared parking analysis, and follows City parking regulations to cap the total restaurant square footage. Since the time the subject application was submitted, the $5.4 million surety bond for the second parking garage expired, and has not been renewed as required by the applicant's Development Order. In addition, the stage has not been constructed, and the service court screening issue remains unresolved. However, the subject petition proposes to correct some of these outstanding issues. In the event that City Council accepts the Applicant's proposal, the bond for the second garage will no longer be warranted based on the revised parking standards. However, should the petition not be approved by City Council, a Joint Code Enforcement Stipulation Agreement (attached) has been authorized to ensure the $5.4 million surety for the additional parking garage is posted within seven days of denial of the applicant's request. Recently, Berman Enterprises and Ashkenazy & Agus Ventures began consent foreclosure proceedings to take over ownership of Downtown at the Gardens. The new owners have met with City staff and are proceeding with the subject petition to rectify the outstanding development orders, including signing the aforementioned Stipulation Agreement. LAND USE & ZONING The subject site is part of the Regional Center DRI. The site has a Professional Office (PO) Future Land Use designation, and a Planned Community Development/Development of Regional Meeting Date:September 24,2009 Resolution 58,2009 Page 4 of 10 Impact (PCD/DRI) zoning. The surrounding land uses and zoning are provided in Table 1 (below). TABLE 1. EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Planned Community Profesional Office(PO) with Mixed Use Development (PCD) with approved DRI/PCD Master approved DRI/PCD Master Plan Plan North PCD with approved Residential High (RH) with Residential DRUPCD Master Plan approved DRI/PCD Master Plan South PCD with approved PO with approved DRI/PCD Office DRUPCD Master Plan Master Plan East PCD with approved PO with approved DRI/PCD Residential; hotel DRUPCD Master Plan Master Plan West PCD within Bioscience Industrial within Bioscience Vacant; Residential Research Protection Overlay Research Protection Overlay (BRPO); Residential Low (BRPO); Residential Low Density I (RL-1) (RL) CONCURRENCY The subject request does not affect the project's concurrency approval. PROJECT DETAILS Site Plan and Parking As required by City Code, an annual parking study was mandatory to determine actual parking demand on the site when certain occupancy rates were reached for the project. In 2007, the City conducted a shared parking analysis on behalf of the Applicant to determine the project's parking demands. The annual parking study determined that the parking supply was inadequate to Meeting Date:September 24,2009 Resolution 58,2009 Page 5 of 10 accommodate demand. Therefore, the shared parking study was considered null and void, and a second parking garage was required per Resolution 91, 2003. In the event that the Applicant desired to provide an alternative to the second parking garage, they were required to request an amendment to the approved Development Order. Resolution 66, 2007, outlined temporary parking provisions for the site and set in place the assurances that DTAG would provide the required amount of parking to meet its demand, as required by the Development Order. Per the approved site program, a total of 2,697 parking spaces were required by City code (see Table 2 below). Currently 2,376 parking spaces exist on site with the additional 240 spaces provided by the fourth floor addition to the existing parking garage. TABLE 2. Existing Parking by Use Square Footage Required Parking Rate Spaces required by (sq. ft.) (sq. ft.) Code Retail 131,032 1/250 524 Restaurant 92,986 1/150 + 1/250 992 Cinema(3020 seats) 68,087 1 per 3 seats 1,007 Neighborhood Commercial 26,000 1/250 104 Office/R&D 21,032 1/300 70 TOTALS 339,137 2,697 Currently, the applicant is proposing to use the City's mixed use shopping center designation in place of individual use parking designations to determine the parking requirement of the site. The mixed use designation is used to determine parking requirements when a variety of uses, such as restaurant, retail, and office, are co-located in the same shopping plaza. Rather than calculating the amount of each individual use within a shopping plaza, the mixed use designation allows flexibility and simplifies parking calculations. To ensure adequate parking will be provided in a mixed use shopping center, a single more stringent parking standard (1 space per 200 square feet) is used compared to that of the general retail requirement (1 space per 250 square feet). The mixed use shopping center designation also caps the amount of restaurant use that can be provided to not more than 25% of the gross floor area because restaurants are generally more parking intensive than general retail uses. Any restaurant use above the 25% must be calculated at the regular restaurant use parking rate as shown in the table below. Table 3 (below) shows the proposed parking program using the mixed use shopping category rather than the individual uses from Table 2. Using the City's mixed use shopping center parking designation, up to 25% of the total shopping center can be allocated for restaurant. The total building area of the mixed use shopping center is 271,050 square feet, of this, 25% or 67,763 square feet of restaurant use can be included under the mixed use shopping center designation. The number of parking spaces at Downtown at the Gardens would allow a maximum amount of approximately 70,000 square feet of restaurant use, based on the excess 2,237 square feet of restaurant use being parked at the normal restaurant rate (1/250 square feet, plus 1/150 square Meeting Date:September 24,2009 Resolution 58,2009 Page 6 of 10 feet). By using the City's mixed use shopping center parking rate with a cap of 70,000 sq. ft. on the maximum amount of restaurant use, DTAG can meet its parking requirements on site and eliminate the requirement for a second parking garage. TABLE 3. Proposed Parking by Use Square Footage Required Parking Rate Spaces required by (sq. ft.) (sq. ft.) Code Mixed Use Shopping Center including 25% restaurant (67,763 sq. ft.) 268,813 1/200 1,344 Excess Restaurant 2,237 1/150+ 1/250 24 Cinema(3020 seats) 68,087 1 per 3 seats 1,007 TOTALS 339,137 2,375 However, the application has also been written to provide for flexibility based on market condition changes and to allow increased flexibility of leasable space. A condition of approval has been included, which reads as follows: Permits and occupational licenses for the Downtown at the Gardens site shall be limited to a total of 271,050 square feet of mixed use shopping center use, including up to 70,000 square feet of restaurant, and a total of 3,032 cinema seats (68,087 square feet), or the equivalent thereof based on parking and traffic equivalencies. (emphasis added) This will allow the owners to lease additional restaurant space, as long as the total leasable square footage corresponds to parking and traffic standards. In this way, the owners maintain flexibility to establish a mix of uses that they believe will be most effective, as long as traffic and parking impacts do not increase. In the event additional parking is required, however, the owners would like to keep open the possibility of building a second parking garage in the future. A second parking garage, also known as the west parking garage, was approved by Council as part of Resolution 91, 2003. The west parking garage site was approved on the alternative master plan (attached), and the elevations, which match the architecture of the first parking garage, were also approved at that time. A condition of approval has been included to allow the previously approved second parking garage to be built, according to the previously approved plans. However, Growth Management review and approval will be required for related landscaping and photometric plans. The parking garage condition of approval reads as follows: The applicant, successors, or assigns shall have the option of building a second parking garage on site in order to remove the limitations on square footage allocations for specific uses per Master Plan. Landscaping and photometric plans for the west parking garage shall be submitted to Growth Management for review and approval. If the parking garage is Meeting Date:September 24,2009 Resolution 58,2009 Page 7 of 10 proposed in a different location or is not consistent with the approved master plan and elevations, City Council approval shall be required for the square footage allocation, site plan, elevations, landscaping, photometrics, and all other land development regulations that apply during the site plan review process for the second garage prior to construction. A condition of approval has also been included to require bonding prior to construction of the second garage, which reads as follows: The applicant, successors, or assigns shall be required to bond the parking garage before construction. Permits for new tenants that require the parking garage to satisfy the City's parking requirements shall be permitted once the garage is deemed 75 percent complete by the Building Official. No occupational licenses for new tenants shall be permitted prior to issuance of certificate of completion or final acceptance of the garage improvements. Lake Park Master Plan and Stage The amenities and improvements required around the lake were a condition of Resolution 120, 2005, which provided for the Lake Improvement Plan. The condition, which has not been completely fulfilled, states that any major modification to any element of the Lake Improvement Plan must be approved by City Council. The applicant proposes to complete the improvements, after developing a lake park master plan to determine the best amenities and design for the lake park area. The applicant proposes to complete the plan prior to June 30, 2010. The improvements proposed in this plan, either a stage or other substitute improvements as agreed upon by the City, will be completed by November 30, 2010. Other alternatives, such as purchase of a mobile stage for the City are also being explored. A condition of approval is included in the resolution requiring submission of a cost estimate for a stage or other substitute improvements, as agreed upon by the City, within 30 days of Council approval. A bond for the lake park area stage and/or other improvements shall be submitted to assure timely completion of the improvements. Surety will be based on 110 % of the total combined approved cost estimates and shall be posted with the City within 45 days of receipt of the City Engineer's approval of the estimate. Service Court Screening Screening of service areas from public view is a requirement of City Code. Resolution 120, 2005 contained a waiver that permitted "less than 100% screening for service court areas from public view." The originally approved DTAG site plans included Bougainvillea plantings to screen the service courts. The applicant and the City agree that this solution has not provided adequate screening. The applicant originally proposed to screen three of the six service courts that include dumpsters, trash compactors, and other mechanical equipment with 6' swinging metal gates to obscure the view from the most problematic areas (service courts K, H, and E). The City believes that service court I/J should also be gated, and the applicant has agreed to provide a Meeting Date:September 24,2009 Resolution 58,2009 Page 8 of 10 fourth gate for this service court. The two northernmost service courts (A and B/C) are the least visible to the public. Location Map 1 (below) shows the location of the six service courts. The proposed gates would be installed in two phases. The gate for service court "K" is proposed to be installed by March 31, 2010; the gates for service court "H," "E," and "I/J" by September 30, 2010. Initially the applicant proposed screening the first service court by March 2010, the second in September 2010, and the third by March 2011. To satisfy requests by staff and the PZAB, the applicant added the fourth service court gate, and accelerated the service gate installation schedule so that all four gates are completed by September 30, 2010. A condition of approval is included in the resolution requiring submission of a cost estimate for the cost of materials and installation of all service court gates within 30 days of Council approval. A bond for same shall be submitted to assure timely completion of the service court gate improvements. Surety will be based on 110 % of the total combined approved cost estimates and shall be posted with the City within 45 days of receipt of the City Engineer's approval of the estimate. Waiver Requests The applicant is not requesting waivers. (The remainder of this page left intentionally blank.) Meeting Date:September 24,2009 Resolution 58,2009 Page 9 of 10 LOCATION MAP 1. INfog-***-flipeol[fg* *.if ' " . cc, . ', . —‘ I I ° ` Ik -4TI�I ...II . ` �• 1 . 3 R4`r , 41+141 114. ^Jr • •. y NOR1 l .* kit'Of ,( +iiel 11M N.W. RKIN( •_•gall 11RRM . .4'1 hh ' ) ),n 1•s :�„ :,,1.. .; • . #14.1 ' ' iir .` — 1_ EL.°. ..'"'- \'''.%`' (0‘ A.?./1"4.11.77.11- '''''s l *Ifi+g4i++-4 i r „;,,, , ...., ,,‘... , .,... .. ., .... ., , i. ,_, , 1 _ -rah it 1 1 , ot I � • d=cT� FAST VA.r ki V /4150 �pr.! ITT y f vv vv vv •y Jl r 47 . "^ -.7, ,,. ,,' .• (13) NI\ @ 1)(X-: r 0_144#I I I I - 1 ii+! .: 1 ...pj T T 10+1 n r -- - . v ,w-4,,- - - RKINO /ll 11! UM 'Sr' 110+ -.. CAAREGEV. +�ir9ti iN.4 * ', $41+0,1_4+ 4i'01�'0 I/J °� ''''. i ''' s. I.. s N (040 ti 7 --,, - \' ,• '4:' 11t0 71\ _,--..-.. '; y �3 ,` r \ r1.• / • -- UU-`1 A\ N Meeting Date:September 24,2009 Resolution 58,2009 Page 10 of 10 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The subject petition was reviewed by members of the DRC committee. Comments from Planning and Zoning, Engineering, Building, and Forestry were referred to the applicant, and revisions were submitted. The revised plans were reviewed and any outstanding issues are listed in the staff conditions of approval. PLANNING, ZONING & APPEALS BOARD (PZAB) On June 9, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the subject petition (SPLA-07-08-000007) with conditions of approval by a vote of 7-0. During discussion at the meeting, PZAB members expressed the desire to see the phasing of the service gate installation accelerated if possible. As described above, the applicant agreed to accelerate the gate installation schedule, as requested by PZAB members, by maintaining the first gate installation date of March 31, 2010, and installing the three other gates by September 30, 2010, rather than completing installation in March 2011 as initially proposed. STAFF RECOMMENDATION Staff recommends approval of Resolution 58, 2009 subject to the conditions of approval contained therein. Coticu1 & HearingLandscape Architecture I Land Planners Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, FL• 33458 Ph 561.747.6336 • Fax 561.747.1377 www.cotleurhearing.com • Lic#LC-C000239 March 13, 2009 Downtown at the Gardens Site Plan Amendment Statement of Use Introduction On behalf of the applicant, Institutional Mall Investors LLC "IMI" (a joint venture between California Public Employees Retirement System "Calpers" and an affiliate of Miller Capital Advisory) as the owner of Downtown at the Gardens Associates, LTD, we are requesting approval of an amendment to a`site plan for Downtown at the Gardens. - Miller Capital Advisory, on behalf of IMI, acquired Downtown at the Gardens from Menin Development in 2007. Menin no longer has a business interest in the properties. Miller Capital has submitted this request to meet the requirements of Resolution 66, 2007 and the corresponding agreed-upon term sheet, with the intention of offering a long term parking solution for Downtown at the Gardens. The subject project is located within the Regional Center, Development of Regional Impact (DRI) and was first approved by City Council on June 5, 2003 by way of Resolution 91, 2003. This specific request includes: 1. Utilization of the Mixed Use Shopping Center designation and parking calculation 2. Revision to the lake area plan stage concept 3. Service court screening plan Specific Requests and Fees PAID Site Plan Amendment (Base Fee) $1,500.00 Civil Engineering (Escrow Fee) $1,750.00 Traffic Engineering (Escrow Fee) $1,000.00 Legal Review—External (Escrow Fee) $1,000.00 Total Fees $5,250.00 Project Team PROPERTY OWNER/APPLICANT AGENT/ PLANNER/ LANDSCAPE ARCH. Downtown at the Gardens Associates, LTD Cotleur& Hearing, Inc. 11701 Lake Victoria Gardens Ave, S. 2203 1934 Commerce Lane, S. 1 Palm Beach Gardens, FL 33410 Jupiter, FL 33458 (847) 966-9600 (561) 747-6336 x 128 Contact: Richard Kobe Contact: Donaldson Hearing/Alessandria Kalfin ARCHITECT CIVIL ENGINEER Glidden Spina & Partners Micheal B. Schorah &Associates CITY OF NM t H G MAR 161609 PLANNING & 7C4446 fi Downtown at the Gardens Major Amendment March 13,2009 Resubmittal CH#00-1003 1401 Forum Way,Suite 100 1850 Forest Hill Boulevard, Suite 206 West Palm Beach, FL 33410 West Palm Beach, FL 33406 (561) 684-6841 (561) 968-0080 Contact:John Glidden Contact: Martha Carter TRAFFIC CONSULTANT SURVEYOR Kimley Horn Miller Legg 4431 Embarcadero Drive 2005 Vista Parkway,Suite 100 West Palm Beach, FL 33407 West Palm Beach, FL 33411 (561) 345-0665 (561) 689-1138 Contact: Chris Heggen Contact: William O'Connor Justification Miller Capital is requesting an amendment to modify the Downtown site plan for the use of the Mixed Use Shopping Center designation and parking rate per the City code, a revision to the lake area plan stage, and to propose a service court screening program. They are requesting this amendment to meet the conditions of Resolution 66, 2007. The resolution refers to an agreed upon term sheet which requires that "an application for a long-term parking solution" to be submitted on or before August 1st, 2007. Miller Capital's consultants have worked diligently to develop a parking methodology that will serve as a long-term parking solution for the entire Downtown at the Gardens project and believes that Growth Management Staff,the Planning Zoning and Appeals Board and City Council are in agreement. Background Downtown was originally approved by way of Resolution 91, 2003 for a total of 26,000 square feet of neighborhood commercial, 145,745 square feet of retail, 75,000 square feet of restaurant, 67,690 square feet of cinema (3,220 seats), and 20,000 square feet of professional office. Downtown was first amended by way of Resolution 212, 2003 to decrease the number of theater seats and increase the retail use for a final approval of 26,000 square feet of neighborhood commercial, 147,218 square feet of retail, 75,000 square feet of restaurant, 68,087 square feet of cinema (3,130 seats), and 20,000 square feet of professional office. Downtown was most recently amended by way of Resolution 66, 2007 for the purpose of an agreement between the City and the property owner related to parking at Downtown. This amendment increased the limit of restaurant use for a final approval of 26,000 square feet of neighborhood commercial, 131,032 square feet of retail, 92,986 square feet of restaurant, 68,087 square feet of cinema (3,130 seats), and 21,032 square feet of office and research & development. In addition to these changes, the City approved a fourth level addition to the parking garage and a temporary gravel parking lot for a minimum of 160 parking spaces to be located on the Gosman property (a.k.a. Downtown Buildings 0 & P). Both the fourth level and the 235-space temporary parking lot were completed. The Gosman temporary lot is used for valet and employee parking to meet the requirements of the approved uses for the site. Page 2 of 5 Downtown at the Gardens Major Amendment March 13,2009 Resubmittal CH#00-1003 Parking Methodology Per the approved site program, a total of 2,697 parking spaces are required by code; currently 2376 parking spaces exist on site, not including the 235 parking spaces in the temporary Gosman parking lot. Once the Gosman parking lot approval expires there will be a short fall of 235 parking spaces. EXISTING PARKING BY USE SF, REQUIREMENT REQ'D BY CODE, RETAIL 131,032 1/250 SF 524 RESTAURANT 92,986 1/150+ 1/250 992 CINEMA:3020 SEATS 68,087 1 PER 3 SEATS 1,007 NEIGHBORHOOD COMMERCIAL 26,000 1/250 SF 104 OFFICE/R&D 21,032 1/300 SF 70 TOTALS 339,137 2,697 To avoid this short-fall Miler Capital is proposing to decrease the restaurant use for the site to 70,000 square feet and to use the mixed use shopping center designation in place of the individual use designations. Per the mixed use shopping center designation, 25% of the total shopping center can be allocated for restaurant. Please note that the cinema is not part of the total shopping center uses. ; SIOPPIIVG'CENT�ER, Sf� r414War3; Rk xx tA . RETAIL 154,018 RESTAURANT 70,000 NEIGHBORHOOD COMMERCIAL 26,000 RESEARCH AND DEVELOPMENT/OFFICE 21,032 TOTAL BUILDING AREA 271,050 72-40t.--tir4WOV-70-Tet.MfF,021. 25%OF SHOPPING CENTER FOR RESTAURANT 67,763 RESTAURANT IN EXCESS OF 25%SHOPPING CTR 2,238 MAXIMUM PROPOSED RESTAURANT 70,000 The shopping center designation will be composed of the following uses; 154,018 square feet retail, 67,763 square feet restaurant, 26,000 square feet neighborhood commercial, and 21,032 square feet office/research & development for a total of 268,813 square feet. Additionally Downtown will have 2,238 square feet of standard restaurant (for a total of 70,000 SF restaurant) and 68,087 square feet of cinema (3,020 seats). The 268,813 square feet of shopping center designation is proposed to be parked at a the shopping center ratio of one (1) space per 200 square feet of building area. The remaining restaurant will be parked at the restaurant rate of one (1) space per 150 square feet plus one (1) space per 250 square feet. And the cinema will be parked at the cinema rate of one (1) space per every three (3) seats. Page 3 of 5 Downtown at the Gardens Major Amendment March 13,2009 Resubmittal CH#00-1003 - - --- - -- --- -- REQ'D BY —_ PROPOSED PARKING BY USE SF REQUIREMENT CODE MIXED USE SHOPPING CENTER 268,813 1/200 SF 1344 EXCESS RESTAURANT 2,238 1/150+ 1/250 24 CINEMA: 3020 SEATS 68,087 1 PER 3 SEATS 1007 TOTAL 339,137 2375 The proposed parking calculation requires a total of 2,375 parking spaces. As discussed earlier, a total of 2,376 parking spaces are currently provided on-site. This proposal allows the existing site program to become in compliance with the City of Palm Beach Gardens parking code ordinance. Stage Terrace Miller Capital has submitted a new concept for the stage within this application. Their goal is to comply with condition number six of Resolution 120, 2005 regarding the development and completion of the stage. Miller Capital would like the opportunity to work on a 'master' park area plan that would enliven this part of the Downtown at the Gardens project.They would prefer to build the stage once this master plan has been fully developed in case any changes to the stage are necessary. Miller Capital believes that this area of the project will become a great amenity to the City once Downtown is fully operational and the demand of the market becomes strong again. In the mean time, Miller Capital requests to place monies in escrow for the construction and completion of the stage. Service Court Screening Plan Miller Capital understands that the conditions of some of the service courts within Downtown at the Gardens have been of major concern to the City. They hope to alleviate this concern by presenting a screening plan for the particular service courts at issue. A conceptual plan for three of the courts has been presented herein, although each court will need to be addressed individually for final design. Miller Capital is proposing metal swings gates to screen the service courts. The gates will be opaque and will block any unsightly equipment or vehicles. The plan also proposes man-gates, adjacent to the vehicular swing gates, for pedestrian access. These gates will be of identical material to the vehicular swing gates. As mentioned earlier, Miller Capital is proposing three (3) of the service courts to be screened. The three service courts are Whole Foods, Yard House, and the former Max's Grill. These three service courts represent the most problematic due to the operations requiring food/alcohol delivery, storage, and waste. Miller Capital would also like to explore the possibility of phasing the screening of the service courts in order to defray the significant costs against annual operating expenses. They propose to screen the Whole Foods service court first, the Yard House service court next and the former Max's Grill service court last, Page 4 of 5 Downtown at the Gardens Major Amendment March 1.3,2009 Resu bm itta I CH#00-1003 Conclusion The Applicant is requesting an amendment to the site plan for Downtown at the Gardens located within the Regional Center, Development of Regional Impact (DRI). The request is to modify the Downtown site plan for the use of the Mixed Use Shopping Center designation and parking rate per the City code, to revise the lake area plan stage, and to propose a service court screening plan. This application has been submitted to meet the requirements of Resolution 66, 2007 and the corresponding agreed-upon term sheet specifically to offer a long term parking solution for Downtown at the Gardens. All requested modifications to the approved plan and the resolution are consistent with the Regional Center DRI Development Order, the City Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed changes are consistent with the surrounding uses both interior and exterior to the site. Development of the site as proposed by the Applicant will maintain the compact urban city center that is consistent with the desired development of this parcel by the City of Palm Beach Gardens. The Applicant is looking forward to working closely with Staff throughout the review process for the requested site plan modifications to the Downtown at the Gardens development. Page 5 of 5 ( Cotleur & HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1•Jupiter,Florida•33458•Ph 561.747.6336•Fax 561.747.1377•www.cotleurhearing.com Lic#LC-C000239 May 29,2009 Attn: Natalie Wong City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410-4698 nwong @pbgfl.com Re: Downtown at the Gardens—Petition#SPLA-07-08-000007 CH Project No.00-1003.02 Dear Natalie: This correspondence is to follow-up on our telephone conversation yesterday in connection with the above referenced project. We very much appreciate the City's willingness to work with the applicant and for scheduling the petition for the June 9, 2009 PZAB meeting. As we discussed,the petition is the cure and will bring the Project into compliance with Condition one (1) of the Development Order(Resolution 66,2007). Condition one required the applicant to post a $5.4 million dollar surety for the contingency parking garage, which was approved as a part of the shared parking program for the project. Downtown at the Gardens, LLC, provided the City with a $5.4 million dollar Letter of Credit(LOC), reference#5312652,issued by Key Bank. However,the LOC expired on May 1,2009. The applicant has and continues to make every effort to process a site plan amendment which, if approved, will satisfy the City's minimum Code requirement for parking, thus negating the requirement for contingency parking garage LOC. While it was an oversight on our part that the LOC expired,it has been our desire to complete the site plan amendment on an expedited basis. in keeping with the intent of the Development Order and as a measure of good faith, the applicant will voluntarily commit not to seek building permit or occupancy for restaurant use that would exceed 70,000 SF. This limitation will ensure that minimum code required parking is available at all times and until the amendment is approved by the City Council. It should be noted that a surplus of 214 parking spaces will remain available during this time within the temporary parking lot located on the Garden's Corporate Center(aka)Gosman site. Additionally,as a measure of good faith,the applicant will expedite the permitting and installation of the desired lake wall railing, an improvement mutually agreed with the applicant. A schedule for the completion of this improvement will be submitted to the Growth Management staff prior to the PZAB meeting on June 9, 2009. CITY OF PAW BCH GDNS JUN 01 2B09 PLANNING & t Downtown at the Gardens Natalie Wong—City of Palm Beach Gardens May 29,2009 Page 2 of 2 Again,on behalf of Downtown at the Gardens, LLC and Miller Capital, we would like to thank you for your understanding and cooperation. The applicant remains fully committed to both the project and the City of Palm Beach Gardens. Should you have any questions, please feel free to contact me. Sincerely yours, rAdio _amp -1 s''i% Ai -1:74r0 el � •onaldso . earing,ASLA, LEED®AP Principal DEH/mlb CC: Rich Kobe—Miller Capital John Glidden—Glidden Spina&Partners F:\Project Documents\00.1003.02 Downtown at the Gardens-new office bldg\Correspondence OUT\001003.02_Ltr to Natalie Wong 5-29-09.doc JOINT CODE ENFORCEMENT STIPULATION AMENDMENT CITY OF PALM BEACH GARDENS CASE NO.: CODE-09-06-002895 Downtown at the Gardens Associates, LTD., 5410 Edson Lane, Suite 220, Rockville, MD 20852, regarding the property at 11701 Lake Victoria Gardens Ave., Palm Beach Gardens, FL 33410, and the code violations at this property (the "Property") We, the City of Palm Beach Gardens, Florida (the "City"), by and through its Growth Management Administrator, Kara Irwin, and Kevin Berman, Downtown at the Gardens Associates, LTD. (the "Respondent"), hereby stipulate and agree as follows: 1. Respondent has been cited by the City regarding Code Violations which are more fully set forth in the Notice of Violation in this matter. Respondent does not contest the violations as set forth in the Notice of Violation in this matter(Case No. 09-06-002895). 2. Subsequent to the issuance of the Notice of Violation in this matter,Respondent informed the City of its desire to stipulate to the violations as set forth in the Notice of Violation in this matter(Case No. 09-06-002895). This Stipulation is entered into by Respondent and the City in an effort to resolve the code violations for the above-referenced case number in a fair and amicable manner. 3. The Respondent is currently processing a development order petition with the City that would provide resolution to the subject violations by revising the development program to meet existing parking. Said petition is scheduled for hearing before the City Council at its August 20, 2009, September 24, 2009, meeting. Should the City Council decide to approve Respondent's petition to revise the development program to meet existing parking, the project would no longer be required to include a second garage structure as a contingency parking plan; and the need for this Stipulation Agreement would be negated. However, should the City Council require Respondent to include a second garage structure as a contingency parking plan, the terms outlined in paragraph 4 of this Stipulation Agreement will be necessitated. 4. Should the City Council require Respondent to include a second garage structure as a contingency parking plan, the City and Respondent hereby stipulate and agree to the following: Downtown at the Gardens Associates, LTD. agrees to post $5.4 million surety for the additional parking garage as defined in the Development Order within seven (7) days of a denial of the Respondent's request to revise the project's parking program to remove the requirement for the contingency parking plan at the August 20, 2009, September 24, 2009, 1 City Council meeting. Surety shall be posted in the form of a Letter of Credit acceptable to the City Attorney. If the Letter of Credit is called, the City shall deposit the proceeds in an interest-bearing escrow account and shall be entitled to utilize the funds for the construction of the required parking. Any interest which accrues shall be paid to the City. The Letter of Credit shall be issued by a bank that has an office in Palm Beach County. 5. Should Respondent fail to satisfy any of the conditions set forth in paragraphs 3 or 4, such failure shall constitute a default of this Joint Stipulation. In the event of default, this Joint Stipulation, along with an Affidavit of Non-Compliance, may be recorded in the Public Records of Palm Beach County and if so recorded, shall constitute a lien on any real or personal property owned by the Respondent, and the City may seek any and all legal remedies available pursuant to Chapter 162,Florida Statutes,or otherwise. 6. Should it become necessary to enforce this order in any manner whatsoever, the prevailing party shall be entitled to reasonable fees and costs, including fees and costs on appeal. 7. Respondent hereby waives its right to a hearing before the Special Magistrate and any right to appeal this Joint Stipulation. 8. Signatures by facsimile shall be considered as valid as original. CITY OF PALM BEACH GARDENS DOWNTOWN AT THE GARDENS ASSOCIATES, LTD. By: By: Kara Irwin Kevin Berman Growth Management Administrator Reviewed by: Keith W. Davis, City Attorney AGREED ORDER The Special Magistrate approved this Stipulation as agreed upon by the parties and sets Compliance as specified herein. Done and Ordered this day of ,2009. By: Kevin Wagner, Special Magistrate 2 • Date Prepared: June 21, 2007 1 2 3 RESOLUTION 66, 2007 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT 8 BETWEEN THE CITY OF PALM BEACH GARDENS AND 9 DOWNTOWN AT THE GARDENS ASSOCIATES, LTD. RELATED 10 TO PARKING AT DOWNTOWN AT THE GARDENS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Downtown at the Gardens Associates, Ltd. (Developer") wishes to 15 resolve the various parking issues related to Resolution 91, 2003, as amended by 16 Resolution 212, 2003, Resolution 120, 2005, and the associated Administrative 17 Amendments; and 18 19 WHEREAS, the City of Palm Beach Gardens and the Developer wish to enter 20 into an Agreement to resolve said parking issues; and 21 22 WHEREAS, such Agreement has been prepared and is attached hereto; and 23 24 WHEREAS, the City Council has deemed approval of this Resolution to be in the 25 best interest of the residents and citizens of the City of Palm Beach Gardens. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF PALM BEACH GARDENS, FLORIDA that: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. The City Council hereby accepts and approves the Agreement 34 between the City of Palm Beach Gardens and Downtown at the Gardens Associates, 35 Ltd., and hereby authorizes the Mayor and City Clerk to execute the Agreement. 36 37 SECTION 3. This Resolution shall take effect immediately upon adoption. 38 39 40 41 42 43 44 45 46 Date Prepared: June 21,2007 Resolution 66,2007 1 PASSED AND ADOPTED this day of -IQ 04— , 2007. 2 3 4 5 CITY OF PALM BEACH GARDENS, FLORIDA s I 7 8 9 BY: 10 / R , Mayor 11 12 ATTEST: 13 % 14 15 16 BY: i �� 17 •atricia nider, CMC, City Clerk 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY 22 23 24 25 BY: , . _ AO, 26 Christine P. Tatum, City Attorney 27 28 29 30 VOTE: AYE NAY ABSENT 31 32 MAYOR RUSSO ✓ 33 34 VICE MAYOR LEVY ✓ 35 36 COUNCILMEMBER JABLIN 37 38 COUNCILMEMBER VALECHE 39 ✓ 40 COUNCILMEMBER BARNETT -Q2/ 41 42 43 44 45 46 47 \\Pbgvfile\Attorney\attorneyshare\RESOLUTIONS\Downtown at the Gardens parking Agmt-reso 66 2007.doc 2 **TERM SHEET** Pursuant to our meeting earlier today, DOWNTOWN AT THE GARDENS ASSOCIATES, LTD., ("Downtown"), hereby submits this Term Sheet in an effort to resolve the various issues in the CITY OF PALM BEACH GARDENS, ("City")relating to Resolution 91, 2003, as amended by Resolution 212, 2003, Resolution 120, 2005, and the associated Administrative Amendments. The terms proposed by Downtown are as follows: 1. Downtown agrees to post $5.4 million surety for the additional parking as defined in the Development Order within seven (7) days of the execution of this Agreement. Surety shall be posted in the form of a letter of credit acceptable to the City Attorney. If Downtown fails to construct the required number of additional parking spaces as provided in the Development Order, then the City shall be entitled to call the Letter of Credit. If the Letter of Credit is called the City shall deposit the proceeds in an interest bearing escrow account and shall be entitled to utilize the funds for the construction of the required parking. Any interest which accrues shall be paid to the City. Any unspent proceeds from the Letter of Credit can only be disbursed to Downtown when the required additional parking has been completed as evidenced by the issuance of a Certificate of Completion. If Downtown constructs the additional required parking the Letter of Credit shall be returned to Downtown when the Certificate of Completion is issued. The Letter of Credit shall be issued by a bank that has an office in either Palm Beach, Broward or Dade County. Upon posting Surety, the City shall release the Public Improvement Bond and also reimburse Downtown's cash bond posted for the M2 Parking Lot. 2. Upon receipt of the Letter of Credit, the City will immediately issue building permits for the Bing Crosby Restaurant, Pizza Girl Restaurant, and Cloud 10 retail store. In addition, City will continue to issue building permits and occupational licenses to subsequent tenants within the ordinary course of business. 3. Downtown will contract for and proceed with a 4th floor expansion of the east parking garage for approximately 240 parking spaces by August 1, 2007. Once construction has started, Downtown will continuously pursue construction until completed. 4. Downtown's contractor will, prior to issuance of a building permit, post a payment and performance bond with City as co-obligee in an amount equal to the certified cost of the 4th floor expansion, which bond shall be typical in form of other bonds furnished to the City in other projects. 5. Downtown will submit and the City will process in good faith a revised application for a minimum of 160 parking spaces for valet and employee parking on the Gosman property consisting of primarily a gravel base with portable lighting by June 27, 2007 and will start construction within ten (10)days of issuance of all government permits. Downtown agrees to expeditiously seek these permits. Downtown shall complete construction of the temporary parking on the Gosman property within 90 days of starting construction. Downtown agrees to hold back 38,212 square feet of retail space and 3,655 square feet of office space until completion of the parking lot on the Gosman property. Upon completion of construction on the Gosman property and commencement of construction of the 4th floor parking, Downtown will only be required to hold back 12,500 square feet of retail space and 3,655 square feet of office space. Downtown is permitted to use the Gosman property for parking until such time as the long term parking plan has been completed, but in no event for a period of time in excess of three (3) years from the date of this agreement with further approval of the City Council. 6. Downtown may convert the uses based upon City's parking requirements as determined by the Growth Management Department, except Downtown agrees that the total restaurant square footage of Downtown at the Gardens shall not exceed 92,986 square feet at any one time unless approved by the City Council. Any restaurant, retail or office space that has been previously leased and vacated or any space subsequently leased and vacated will be entitled to be re-leased and occupied by subsequent tenants. 7. The City acknowledges temporary use of the Kolter and Grand Bank properties for temporary valet and employee parking. Downtown will deliver to City a copy of the Use Agreement with Kolter and Grand Bank. These agreements will remain in effect until completion of the Gosman property construction. 8. Downtown will submit on or before August 1, 2007 an application for a long- term parking solution which will include a significant office building as a component of the solution. City agrees to use its best efforts to process the application as expeditiously as possible. 9. Simultaneously, with the review of the application for the long-term parking solution referenced in number 8 above, the City will resume processing NOPC11 and will use it's best efforts to process the application as expeditiously as possible. 10. The 51 temporary parking spaces recently constructed on the M2 outparcel will remain as permanent spaces until an approved Site Plan Amendment (contemplated through the office building component) modifies the requirement. 11. Downtown acknowledges that it will be responsible for its pro-rata share of the cost of the signalization of the intersection of Lake Victoria Gardens Avenue and Kyoto Gardens Drive and PGA Boulevard. The signalization shall include all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. Upon installation of the signal, Downtown shall reimburse the City its pro-rata share. F:\D005UwQ\Tetm Sheet New.wpd DOWNTOWN AT THE GARDE) : • SSOCIATES, LTD. By: CITY OF PAL ACH G• : /DE. .►z ///i - By: F;\DOCSUwg\Tenn Sheet New2.wpd CITY OF PALM BEACH GARDENS OFFICE OF THE CITY ATTORNEY DATE: June 21, 2007 TO: Mayor and City Council FROM: Christine P. Tatum, City Attorney C: Ron Ferris, City Manager Kara Irwin, Growth Management Administrator RE: Parking Agreement with Downtown at the Gardens After several months of negotiating with representatives of Downtown at the Gardens, we have today received the attached document proposing a resolution of certain issues related to parking at Downtown at the Gardens. This will be presented to the Council tonight as an addition to the June 21, 2007 Agenda under Resolutions. If you wish to discuss this, please contact me or Kara Irwin. • Date Prepared:September 6,2005 1 RESOLUTION 120, 2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 6 SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS 7 LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED 8 MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS 9 OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE 10 IMPROVEMENT PLAN, REMOVING THE CHILDREN'S GARDEN; 11 MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH 12 THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE 13 VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POINT ONTO 14 GARDENS PARKWAY; ADDING UNUSED REMAINING DRI 15 ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE 16 SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR 17 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE, 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, 22 and the City's Land Development Regulations, is authorized and empowered to consider 23 petitions related to zoning and land development orders; and 24 25 WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin 26 Development, for an amendment to the site plan approval for the Downtown at the Gardens 27 project on the approximately 35-acre site located within the Regional Center Development of 28 Regional Impact (DRI) and Planned Community Development (PCD), as more particularly 29 described herein, to modify certain conditions of approval; modifying the Lake Improvement 30 Plan by deferring the installation of the bridge and raised stage to November 10, 2006; 31 removing the children's garden; modifying the hardscape and landscape to coincide with the 32 newly-approved architectural theme; removing the approved video wall sign; adding a right- 33 out exit point onto Gardens Parkway from the second garage floor to be approved 34 administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of 35 office space to the project; and to include a request for five (5) additional waivers; and 36 37 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with 38 an underlying zoning of Commercial and Office; and 39 40 WHEREAS, the subject site is part of the Regional Center DRI approved by 41 Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and 42 43 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, 44 and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; 45 and 46 47 48 Date Prepared:September 6,2005 Resolution 120,2005 1 WHEREAS, the City Council has considered the evidence and testimony presented by 2 the Applicant and other interested parties and the recommendations of the various City of 3 Palm Beach Gardens' review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in the 6 best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin 13 Development, is hereby APPROVED for the Downtown at the Gardens project on the 14 approximately 35-acre site located within the Regional Center Development of Regional 15 Impact (DRI) and Planned Community Development (PCD), as more particularly described 16 herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by 17 deferring the installation of the bridge and raised stage to November 10, 2006; removing the 18 children's garden; modifying the hardscape and landscape to coincide with the newly- 19 approved architectural theme; removing the approved video wall sign; adding a right-out exit 20 point onto Gardens Parkway to be approved administratively by staff; and adding unused 21 remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject 22 to the conditions of approval contained herein, which are in addition to the general 23 requirements otherwise provided by ordinance: 24 25 LEGAL DESCRIPTION: 26 27 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA 28 GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, 29 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 30 31 Land-Use: 32 33 1. Retail use other than quality or specialty restaurant use shall be a part of a 34 multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of 35 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 36 (Planning & Zoning) 37 38 2. Discount department stores as defined by the City's Land Development 39 Regulations shall be prohibited on the subject site, unless approved by the City 40 Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the 41 Regional Center DRI. (Planning & Zoning) 42 3. Freestanding fast food restaurants and freestanding pharmacies/ drugstores 43 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 44 Order of the Regional Center DRI. (Planning & Zoning) 45 46 4. A building permit for the multi-screen theater, no less than 55,000 square feet 47 and no less than 2,600 seats, shall be included within the first 100,000 square 48 feet to be built by the Applicant. No more than one building permit shall be 2 Date Prepared:September 6,2005 Resolution 120,2005 1 issued for the entire project prior to issuance of a building permit for said theater. 2 Said theater shall be diligently constructed, without owner delay, until completion, 3 per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional 4 Center DRI. (Planning & Zoning, Building) 5 6 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 7 comply with Section 78-262 of the City Code dealing with Art in Public Places. 8 The Applicant shall provide art on site or make a payment in lieu of art. The Art 9 in Public Places Committee shall review and make a recommendation to the City 10 Council on any proposed art on site. (Planning & Zoning) 11 12 6: - - - • - - - _ - - - -- - - - • _ - - - - - - = -_ - - - - - - 13 - = - - - - - - ••.• u-„ - - - - • • = _ - - - - _ - - • 14 - - - - - _ •• - - - - - - - - - - - - - - - - - _ -- - - - - 15 - - _ - - • - - - - - - - - - - - - - - - _ , 16 - - - _ • - - - _ ' _ - - - - - - - - - : -*• : 17 18 6Z. The applicant of the subject development shall have the sole responsibility of 19 implementing and installing the lake improvement plan as reflected in Exhibit "C" 20 of ion on the Lake Area Site Plan, dated September 9, 2005. and 21 prepared by Cotleur Hearing, attached hereto. Prior to the issuance of the first 22 Certificate of Occupancy, the that portion of the lake improvement plan adiacent 23 to Downtown at the Gardens development and for which said development is 24 responsible, as shown on the Lake Area Site Plan, shall be fully completed, and 25 all elements of said portion of the plan shall be installed, 26 Council. The pedestrian bridge and the performance stage on the west side of 27 the lake shall be completed no later than November 10, 2006, by the owner of 28 Downtown at the Gardens. The remaining two areas of the lake improvement 29 plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be 30 completed no later November 10, 2006, unless prior to that date the owner 31 transfers the responsibility for the improvements to the respective property 32 owners with frontage on Lake Victoria. In this event, the timing of the installation 33 of the respective portions of the elan shall be specified in the development orders 34 or amendments thereto for the respective two properties. Any maior modification 35 to any element of the lake improvement plan must be approved by the City 36 Council. (Planning & Zoning) 37 38 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the 39 subject development shall obtain and provide the City with an agreement 40 between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the 41 cost sharing for the implementation and installation of the lake plan. (Planning & 42 Zoning) 43 44 88. The Property Owners Association of the DRI shall be responsible for the 45 maintenance of all the park improvements and all elements of the lake plan. 46 (Planning & Zoning) 47 48 3 • Date Prepared:September 6,2005 Resolution 120,2005 1 940. Uses shall be limited to the list attached hereto as Exhibit "E" The Applicant 2 must receive approval by the City Council for any use that is indicated as a 3 conditional use, prior to the issuance of a building permit for those tenant 4 improvements. (Planning & Zoning) 5 6 1044. Within sixty (60) days of the effective date of this Resolution, the Applicant will 7 submit an "Operating Agreement" in a form acceptable to the City Attorney 8 between the City and the Applicant, establishing the management and use of the 9 Lake Park, including the plaza areas located east of Victoria Gardens Drive. The 10 Operating Agreement will define such items as allowable uses, programming of 11 events, public access, enforcement, and maintenance and will include provisions 12 for review and modification. The Operating Agreement must be approved by the 13 City Council prior to the issuance of the first building permit. (Planning & Zoning, 14 City Attorney) 15 16 1142. Prior to the issuance of any development permits, the Applicant shall obtain all 17 necessary approvals and permits from NPBCID to facilitate the redevelopment of 18 the lake tract (Park), including the necessary transfer of properties to the City of 19 Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City 20 Engineer, City Attorney) 21 22 1243. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the 23 project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be 24 utilized within the lakefront plaza area of the project, on site only. All mobile site 25 amenity / sales kiosks shall remain out of view from Alternate A1A at all times. 26 (Planning & Zoning) 27 28 1344. The Applicant shall ensure that the video sign located within the courtyard of 29 the site is not visible from any public right-of-way, parking lots, or residential 30 district, per Section 78-289 of the City Code. (Planning & Zoning) 31 32 1445. The on-street parking within the Victoria Gardens Avenue right-of-way shall be 33 free of charge and must not be assigned to any specific tenant on site. (Planning 34 & Zoning) 35 36 1546. The proposed awnings shall be of solid color and striped awnings shall not be 37 permitted within the subject site. (Planning & Zoning) 38 39 164-7. If shopping carts are to be used on site, shopping carts corrals shall be 40 provided by the Applicant and shall be screened from view by means of a wall 41 and substantial landscaping. The corrals shall be constructed of solid walls and 42 of materials compatible with the primary structures approved on site. (Planning & 43 Zoning) 44 45 1743. Shopping carts shall not be allowed to accumulate in any outside area, and 46 shall be removed from cart corrals in a timely manner and relocated to storage 47 areas inside building structures. (Planning & Zoning) 48 4 Date Prepared: September 6,2005 Resolution 120,2005 1 184-9. Within thirty (30) days of the effective date of this Resolution and subject to 2 Planning and Zoning staffs approval, the Applicant shall provide revised floor 3 and site plans to the City reflecting at least two and separate public restroom 4 areas on the first floor of the subject site. (Planning & Zoning) 5 6 Energy Conservation: 7 8 1928. Prior to construction plan approval, potable water conservation devices shall 9 be incorporated into project buildings, per Condition 12 of the Development 10 Order of the Regional Center DRI. (City Engineer) 11 12 2024. Prior to construction plan approval, energy conservation measures identified 13 in the Application for Development Approval (ADA) shall be implemented, per 14 Condition 24 of the Development Order of the Regional Center DRI. (City 15 Engineer) 16 17 2122. Prior to construction plan approval, the subject project shall comply with the 18 energy plan established by the Property Owners Association Architectural 19 Review Board for the Regional Center DRI, per Condition 25 of the 20 Development Order of the Regional Center DRI. (City Engineer) 21 22 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall 23 demonstrate that a full line of energy-efficient appliances and equipment will 24 be used in all buildings on site, per Condition 27 of the Development Order of 25 the Regional Center DRI. (City Engineer) 26 27 Landscaping and Environment: 28 29 2324. Prior to the issuance of a clearing permit, the Applicant shall coordinate an 30 on-site meeting with the City Forester to confirm that existing and proposed 31 landscaping, as reflected on the proposed landscape plan, effectively screens 32 all parking areas from Alternate A1A, while remaining in compliance with 33 CPTED principles incorporating view corridors for security purposes. (City 34 Forester) 35 36 2426. Prior to any land alteration, all Gopher tortoises shall be relocated from the 37 subject site to an acceptable alternate site approved by the City Forester. 38 (City Forester) 39 40 2526. The Applicant shall, in a cooperative effort, work together with the Police 41 Department to implement, to the maximum extent possible, the CPTED 42 recommendations contained in the CPTED report prepared by Paul Urschalitz 43 and stamp dated by the City December 9, 2002. (Police Department) 44 45 Enaineerinc: 46 47 262T. Prior to the issuance of the first building permit, the Applicant shall submit a 48 Master Pavement Marking and Signage Plan meeting the requirements of the 49 City Engineer. (City Engineer) 5 Date Prepared:September 6,2005 Resolution 120,2005 1 2728. Prior to the issuance of the first building permit, the Applicant shall provide a 2 letter of authorization from the appropriate utility owners allowing the Applicant 3 to pave, landscape, and place stormwater management features, buildings, 4 etc., within their respective utility easements. (City Engineer) 5 6 3820. Prior to the issuance of the first building permit, the Applicant shall identify 7 handicap ramps on the plans at all applicable locations. The Applicant shall 8 provide ramp detail(s) meeting ADA and FDOT standards and identify the curb 9 ramp number from FDOT Index 304. (City Engineer) 10 11 2938. The Applicant shall maintain a minimum vertical height clearance of 13' 6" for 12 the covered drop-off areas and the entry arches to facilitate emergency vehicle 13 access. (Fire Department) 14 15 3034. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens 16 Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed 17 and accepted by the City. Construction of said roadway shall commence prior 18 to or simultaneously with the first building permit for vertical construction to be 19 built and diligently constructed without delay until complete, per Exhibit C of 20 Resolution 81, 2001 of the Development Order of the Regional Center the 21 DRI. (Planning & Zoning, City Engineer) 22 23 3132. Prior to the issuance of the first building permit, all surface water 24 management system elements consistent with the Unit 19 Conceptual Permit 25 Modification issued by SFWMD shall be substantially completed in accordance 26 with the construction-phasing plan and accepted by the City. The Applicant 27 shall provide a phasing plan, construction plan, and supporting calculations for 28 review and approval by the City, NPBCID, and SFWMD that certifies all 29 phases of the surface water management system construction shall be 30 equivalent to the Unit 19 Conceptual Permit. (City Engineer) 31 32 3233. Prior to issuance of the first building permit, the Applicant shall submit to the 33 City for review and approval a boundary re-plat and record said plat in the 34 public records of Palm Beach County. (City Engineer) 35 36 3334. The Applicant shall submit, at its cost, an annual parking study to determine 37 actual parking demand at the site. The observed demand will be compared to 38 the actual supply to determine if the provided parking supply is adequate to 39 accommodate existing demand, plus expected demand generated by the uses 40 that have not yet been issued certificates of occupancy. This calculation will 41 include an appropriate buffer between parking supply and demand as 42 recommended by either the Institute of Transportation Engineers, Urban Land 43 Institute, or other recognized published traffic engineering organizations or 44 resources. The first annual parking study must be submitted when Certificates 45 of Occupancy for 80% of the project's approved square footage have been 46 issued. The parking study will be performed on an annual basis for a period of 47 five (5) years. Said study shall be performed by an independent professional 48 traffic engineer mutually selected by the Applicant and City staff. The precise 6 Date Prepared:September 6,2005 Resolution 120,2005 1 methodology shall be agreed upon by both the Applicant and the City staff at 2 the time the study is initiated. At a minimum, the study is to be performed 3 during the peak season and during the peak operating hours on a Thursday, 4 Friday, and Saturday (with the exception of the Christmas and Thanksgiving 5 holidays), or as determined by the Growth Management Director. (City 6 Engineer) 7 8 3436. Should the parking study conclude that the available on-site parking is 90% 9 or more occupied, then the Applicant shall provide a permanent (perpetual) 10 solution to increase parking supply for the project that can include the 11 construction of a second parking garage as shown on the alternate site plan 12 referenced herein and attached hereto as Exhibit "D", or other viable 13 alternative means as approved by City Council. When the on-site parking is 14 determined to be 90% or more occupied, the shared parking study provided by 15 the Applicant shall be considered null and void, and the Applicant shall 16 construct the required parking based on the number of spaces recommended 17 by the above-referenced parking study, or as otherwise determined by the City 18 Council. (City Engineer) 19 20 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall 21 transfer to the City any surety for completed public improvements and post 22 additional surety as necessary to secure 110% of the cost of construction of 23 the second parking garage located on the west side of the entrance off of 24 Gardens Parkway Boulevard. The City shall not release any surety posted by 25 the Applicant for public improvements and the additional surety to be paid by 26 the Applicant after completion of said improvements for a period of five (5) 27 years from the date the subject development receives a Certificate of 28 Occupancy of 80% of the approved square footage for the subject site. 29 (Planning & Zoning) 30 31 3637. Construction of the second parking garage located on the west side of the 32 entrance off of Gardens Parkway Boulevard, or provision of additional parking 33 spaces by a permanent (perpetual) alternative means for the project as 34 defined in Conditions 34 and 35, shall be completed within one (1) year of the 35 determination that the on-site parking is 90% occupied. (City Engineer) 36 37 3738. If the second parking garage is not completed as determined by the issuance 38 of the certificate of completion within one year of the determination that the on- 39 site parking is 90% occupied, then no additional Certificates of Occupancy or 40 tenant occupational licenses shall be issued until said parking garage is 41 completed. (Planning & Zoning, City Engineer) 42 43 3838. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 44 construct all of the required improvements referenced in the traffic analysis for 45 the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City 46 Engineer) 47 48 49 7 Date Prepared:September 6, 2005 Resolution 120, 2005 1 3949. The Applicant shall grant to the City a temporary construction easement 20 2 feet wider than the proposed footprint of the parking garage located on the 3 west side of the entrance off of Gardens Parkway Boulevard, complete with 4 access to a public roadway, as reflected on the "Alternate Site Plan," Exhibit 5 "D," attached hereto. Said easement shall be conveyed to the City by a 6 separate instrument within thirty (30) days from the date the City Council 7 approves the additional parking spaces as determined in Conditions 34 and 35 8 above. 9 10 Police: 11 12 4044. Lighting locations shall not conflict with landscaping, including long-term tree 13 canopy growth. (Police) 14 15 4142. All lighting for parking lots and pedestrian walkways shall be metal halide. 16 (Police) 17 18 4243. Non-glare building lighting shall be installed around perimeter on all sides and 19 on pedestrian walkways. (Police) 20 21 4344. All entry signage shall be lighted. (Police) 22 23 4445. The Applicant shall provide timer clock or photocell lighting for nighttime use 24 above or near entryways and all exits, including emergency exits. (Police) 25 26 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 27 provide to the City details of the commercial numbering system for emergency 28 response purposes in an 8 1/2" X 11" map format. (Police) 29 30 4847. Numerical addresses shall be illuminated for nighttime visibility and not 31 obstructed, have bi-directional visibility from roadways, be unobstructed, and be 32 placed at front and rear of business. (Police) 33 34 4745. All ATMs on site shall comply with Section 655.960-965, Florida Statutes, 35 relating to ATMs. (Police) 36 37 4848. All structures shall be target-harden to include buildings pre-wired for an alarm 38 system; doors equipped with a metal plate over the threshold of the locking 39 mechanism; rear doors have 180-degree peephole viewers; and perimeter doors 40 equipped with hinges that utilize non-removable hinge pins. (Police) 41 42 4950. The lighting design for the two (2) parking structures shall incorporate both 43 vertical and horizontal luminance; provide lighting into the edges of parking stalls 44 and over parked vehicles; provide vandalism resistant lighting fixtures; provide 45 metal halide; provide lighting fixtures positioned to minimize glare; and provide 46 lighting fixtures around the exterior of both structures. (Police) 47 48 5054. All stairwells serving the parking garage shall have open metal handrails and 49 steps. (Police) 8 Date Prepared:September 6,2005 Resolution 120,2005 1 5152. All elevators shall be equipped with emergency two-way communication. 2 (Police) 3 4 5253. Elevators shall not be equipped with stop buttons. (Police) 5 6 5354. The Applicant shall work with the Police Department to develop a high- 7 resolution digital closed-circuit security system with recording and photo 8 processing picture or video printout capabilities. The system shall be designed to 9 include a minimum of twelve (12) digital cameras, with the ability to be expanded 10 if warranted by mutual agreement between the Applicant and the Police 11 Department. Forty-five (45) days following the opening of the theater, the 12 Applicant will conduct an on-site meeting with the Police Department for the 13 purpose of confirming the most effective camera locations. The system shall be 14 installed and fully operation within four (4) months of the opening of the theater. 15 (Police) 16 17 5455. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be 18 installed in all stairwell and elevator areas. (Police) 19 20 55. At the discretion of the Growth Management Administrator and with the approval 21 of the City Engineer, a Certificate of Occupancy for Building K, also referred to as 22 "Whole Foods," may be issued in advance of completing all Site and Lake Area 23 Site Plan improvements required by this Development Order. (Planning & 24 Zoning) 25 26 56. Per Section 78-324 of the City's Land Development Regulations, within six (6) 27 months from the effective date of this Resolution, the Applicant shall install all 28 landscaping associated with the center island medians and road shoulder on 29 Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the 30 approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3) 31 month extension by the Growth Management Administrator, provided the 32 Applicant has demonstrated progress in the completion of the landscaping. 33 (Planning & Zoning) 34 35 57. Simultaneously with the installation of the Alternate A1A roadway landscaping. 36 the Applicant shall remove the existing sidewalk and install the meandering 37 sidewalk adjacent to Alternate A1A from Gardens Boulevard to the site 38 ingress/egress off of Alternate A1A. (Planning & Zoning) 39 40 58. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 41 install all buffers along A1A, Gardens Boulevard, and Kyoto Gardens Drive, and 42 the west side of the Lake Area Site Plan. (Planning & Zoning_) 43 44 59. The Applicant shall copy to the City all permit applications, permits, certifications, 45 and approvals. (City Engineer) 46 47 60. The construction, operation, and/or maintenance of any elements of the subiect 48 project shall not have any negative impacts on the existing drainage of 49 surrounding areas. If, at any time during the project development it is determined 9 Date Prepared:September 6,2005 Resolution 120,2005 1 by the City that any of the surrounding areas are experiencing negative drainage 2 impacts caused by the project, it shall be the Applicant's responsibility to cure 3 said impacts prior to additional construction activities in a period of time and a 4 manner acceptable to the City. (City Engineer) 5 6 61. The Applicant shall comply with all Federal Environmental Protection Agency 7 (EPA) and State of Florida Department of Environmental Protection NPDES 8 permit requirements, including. but not limited to. preparation of a stormwater 9 pollution prevention plan and identification of appropriate Best Management 10 Practices, as generally accepted by the EPA and/or local regulatory agencies, for 11 construction activities; submission of a Notice of Intent to EPA or its designee; 12 implementation of the approved plans; inspection, and maintenance of controls 13 during construction; and submission of a Notice of Termination. (City Engineer) 14 15 16 17 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 18 approves the following waivers: 19 20 1. Section 78-344(l)(1)a, Standard Space, to allow for a 9.5-foot parking stall width 21 for the two (2) parking garages - - - - - • - - = - •- - - - - - - - - - - 22 and all surface parking areas on site. 23 24 2. Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two 25 (2) story buildings, 62 feet for the theater building, and 75 feet for the arch 26 feature. 27 28 3. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by 29 eliminating the wheel stops. 30 31 4. Section 78-319(a)(1), Landscape Buffer Width, to allow a zero (0) foot buffer 32 along Victoria Gardens Drive. 33 34 5. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by 35 entrances and service areas. 36 37 6. ' Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback 38 adjacent to Victoria Gardens Drive. 39 40 7. Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site. 41 42 8. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, 43 one (1) tenant sign for Building I; one (1) tenant sign for Building Ml; one (1) 44 tenant sign for Building M2; and four (4) project logo signs.-; one (1) additional 45 tenant sign on the north elevation for Building K; two (2) additional signs on the 46 bridge between Buildings A and B/C (facing north and south); three (3) additional 47 skins on Building B/C (two (2) facing northeast and one (1) facing south); two (2) 48 additional skins on Building D/E (facing north and southeast); two (2) additional 10 Date Prepared:September 6,2005 Resolution 120,2005 1 signs on Building G/H (facing east and south): and one (1) additional sign on 2 Building I/J (facing north).. 3 4 9. Section 78-341, Intent, to allow for on-street parking along Victoria Gardens 5 Drive. 6 7 10. A waiver from Section 78-285 of the City's Land Development Regulations to 8 permit seven (7) additional project identification signs located at four (4) different 9 buildings within the project, as depicted in the Master Signage Plan. 10 11 11. A waiver from Section 78-285 of the City's Land Development Regulations to 12 permit letter heights of 42 66 inches for one (1) principal tenant sign for the 13 theater on the west elevation of the project: and 42 inches for two (2) principal 14 tenant signs on the bridge connecting to the theatre building. 15 16 12. A waiver from Section 78-315(b) of the City's Land Development Regulations to 17 permit more than nine (9) parking spaces between landscape islands in areas 18 along Alternate A-1-A. 19 20 13. A waiver from Section 78-313(e) of the City's Land Development Regulations to 21 permit less than 100% screening for service court areas from public view. 22 23 14. A waiver from Section 78-319(b)(4) of the City's Land Development Regulations 24 to permit the proiect's landscape type to be less than the required threshold of 25 75% of the City's preferred plant list. 26 27 SECTION 3. This site plan amendment approval shall be in compliance with the 28 following plans on file with the City's Growth Management Department: 29 30 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised Marsh-40, 31 2003 September 1, 2005, Sheet 1. 32 33 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May-22T-2003-September 12, 34 2005), Sheet 4 ( September 12. 2005), and Sheet 5 35 ( September 12, 2005). 36 37 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003 July 6, 2005, 38 Sheets 6 and 6.1. 39 40 4. Site Details, by Cotleur Hearing, revised Jan 8, 2003, September 12. 2005, 41 Sheet 7. 42 43 5. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised April-14, 44 2003 September 12. 2005, Sheets 14 and 15. 45 •46 6. 4`1 Floor Plan 2Rd te r - - - ' - - - - - - - -• - 47 Oetaiis;-#m - - - - ' - - - - - - • = - ' - - - - - e 49 - • - - - . . - ' - - - ' - 11 • Date Prepared:September 6,2005 Resolution 120,2005 1 Second Level Floor Plan Bldos. B/C and D/E Sheets A.2.B.2. and A2.D2., Floor 2 Plan Bldgs. G/H and I/J by JPRA Architects dated December 20, 2004, Exterior 3 Elevations by JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 4 Pages) dated February 11, 2005. 5 6 7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated 7 April 10,2003 October 31, 2004. 8 9 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9. 10 11 9. Master Sign Plan, by c. JPRA Architects, dated , 12 , Sheets 1-317. 13 14 10. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 15 22, 2003. 16 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur 17 Hearing, Sheets 1 — 15, revised September 12, 2005. 18 19 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, 20 Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, 21 Sheets A1.1, A2.1, A-3.1, A-4.1 — A-4.4, A-5.1, A-6.1, and PG-1, dated 22 September 29, 2003. 23 24 13. Landscape Plan, by Cotleur Hearing, revised September 12, 2005, Sheets 8 and 25 9. 26 27 14. Landscape Plan, Courtyard Enlargements, by Cotleur Hearing, revised 28 September 12, 2005, Sheets 10 and 11. 29 30 15. Lake Area Landscape Plan, by Cotleur Hearing, revised September 12, 2005, 31 Sheet 12. 32 33 16. Landscape Details, by Cotleur Hearing, revised September 12, 2005. Sheet 13. 34 35 SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly 37 modified herein shall remain in full force and effect. 38 39 SECTION 5. This Resolution shall become effective immediately upon adoption. 40 41 42 (The remainder of this page left intentionally blank) 43 44 45 46 47 48 12 } Date Prepared: September 6,2005 Resolution 120,2005 1 PASSED AND ADOPTED this 02r day of Jfrew,Be1t , 2005. 2 3 4 CITY OF PALM BEACH GAR S LORIDA 5 6 7 8 BY: 9 '�'seph ` . 'usso, Mayor ` 10 ATTEST: 11 12 13 14 BY: ` v 15 Patricia Snider, CMC, City Clerk 16 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 BY: 1„/ f 25 Christine P. Tatum, City Attorney 26 27 28 29 VOTE: AYE NAY ABSENT 30 31 MAYOR RUSSO ✓ 32 33 VICE MAYOR JABLIN .✓ 34 35 COUNCILMEMBER LEVY ✓ 36 37 COUNCILMEMBER VALECHE 38 39 COUNCILMEMBER BARNETT ✓ 40 41 42 43 44 • 45 46 47 48 49 \\PbgsfileWttomey\attomey_share\RESOLUTIONS\downtown at the gardens-reso 120 2005.doc 13 ( LAKE PLAN AMENITIES SCHEDULE • " AMENITY.�AN,....r ..m..mnor � , ,. ...�. w,rw FIENOIES .�. .�M ...�. Cotleur Hearing ;,�a.r..45.aa ■.E,..aa mot. .A, a< . :. ,,, PAVERS w,aSa a.aa. a ..,.�.., - — . . FAIRCHILD GARDENS . --,_„„_. .:1,,'. ''' ."----: I ME MOM leo mew, clam...miasma ow.. 1931 Canmerre Lane SINK I 5111-7,174130 Gur7,17,377 y_�_ - , __ay.L um• - •�c aar_ 1 *�•� )l` i ( may. r.. , �• �F ,' LANDMARK AT \ i.`, r A OS �,1 THE C;ARDENS ; L j 1;} ('•J i ' ,��i 11 �, 1 ,� . A 1.,lay 1 PI l�r� 1 �. ' I `. {F V Is■ NJ o f�` �.Ii!1 �i X ' KOLTER �' ‘`)\%\ �r.� i�,�i L` r.. l r 1l • • / ^ r lyr p 1� �' ;LANDMARK AT ,N.,..• GARDENS POINTE I A.._ USER AND ' i t� " I�'/,E GARDENS •f I), L. SURGERY(ENTER 40 . , ikiyi �`— : : �`;.,'.. �•, )\: °:' , r•..aV ■� VEOES7RAN \ •i • • �,).•t• vet I) J C t / : : BRIDGE ' ' , a ,'}` ` ME ,�� Ls...,. O esa —4. . i f•` of ��- r,� �U' �,) / S' ....'., '� ``.I� ).\ \\t`,\,3 ,\,,, / sk i �I(x .ate 4 -11v '\\ \, ---r:--,,. A.. n. O ���~ �,\`�'� ' . ifs!'-•',I:1, -_- DOWM'OWNAT g �'r ..•• ' I ; THE GARDENS 1'.�. �{ ti.. 1 J •' J ftftftft. REM • . -_• 'FORAdMCE 0.� i - ..��'I- ST ,a—i_ rt SOP,ft If .....• ..,A..••••• _ • A.a w aada m Ov� I 1 . : ,• -�,� � ro Wr i Ml/M %,� im,:., .al 33`75_FrRR:I. Lake Area LAKE PARK DELINEATION OF PROPERTY OWNERS '. AA r.A,.,, IMPROVEMENTS RESP0NS[B[L7iY . L.iz.`. Site ° PRIMARY PROJECT'NONLIMENT Site P/an O .':.J fl::a••��.3 r. �� © SECONDARY SIGN - --'-- Ic„F'�t , tioc ❑I sPECIFIC ID s1GN _ 0] LAKE SIDE DIRECTIONAL SIGN It ■i� I l eD 6.1 oa 15 i �� ' Scale: 1”=80' North -� 1 RESOLUTION 58, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR 6 DOWNTOWN AT THE GARDENS LOCATED WITHIN THE 7 REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE 8 PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF 9 APPROVAL; TO REPLACE THE MOST CURRENT SHARED 10 PARKING ANALYSIS WITH PARKING REGULATIONS FROM CITY 11 CODE; TO REVISE THE LAKE AREA STAGE PLAN; TO PROVIDE 12 A SERVICE AREA SCREENING PLAN; PROVIDING CONDITIONS 13 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR 14 OTHER PURPOSES. 15 16 17 WHEREAS, the City Council, as the governing body of the City of Palm Beach 18 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 19 Statutes, and the City's Land Development Regulations, is authorized and empowered 20 to consider petitions related to zoning and land development orders; and 21 22 WHEREAS, the City received petition SPLA-07-08-000007 from Downtown at 23 the Gardens Associates, LTD., for an amendment to the site plan approval for the 24 Downtown at the Gardens project on the approximately 35-acre site located within the 25 Regional Center Development of Regional Impact (DRI) and Planned Community 26 Development (PCD), as more particularly described herein, to replace the most current 27 shared parking analysis with parking regulations from City code; to revise the lake area 28 stage plan; and provide a service area screening plan; and 29 30 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay 31 with an underlying zoning of Commercial and Office; and 32 33 WHEREAS, the subject site is part of the Regional Center DRI approved by 34 Resolution 9, 1984, as amended; and 35 36 WHEREAS, the Downtown at the Gardens project was first approved by City 37 Council on June 5, 2003, by Resolution 91, 2003, which designated the mix and 38 amount of allowable uses and provided for a number of development waivers and 39 conditions; and 40 41 WHEREAS, Resolution 93, 2003 was approved concurrently to amend the DRI 42 allowing the new mix of uses for Downtown at the Gardens and revising the conversion 43 matrix to include an equivalency provision; and 44 45 WHEREAS, on May 15, 2003 City Council adopted Resolution 92, 2003, which 46 approved the lake tract improvement site plan for the lake/park area within the DRI; and Resolution 58,2009 1 WHEREAS, on December 18, 2003, City Council approved Resolution 212, 2 2003 to modify the Downtown at the Gardens site plan by deleting an unaccounted 3 11,000 square feet, reduce the number of theater seats to 3,130, and increase the 4 regional retail square footage by 1,473 square feet; and 5 6 WHEREAS, on September 29, 2005, Resolution 120, 2005 approved an 7 amendment to the Downtown at the Gardens site plan and lake improvement plan of 8 the DRI by modifying certain conditions of approval, deferring some elements of the 9 lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet 10 of office space to the subject site, and providing for other modifications and waivers, 11 including a waiver to the screening requirement for the service areas from public view; 12 and 13 14 WHEREAS, on January 10, 2005, an administrative approval revised the number 15 of cinema seats to 3,020 and reallocated 1,800 square feet of space between two 16 proposed buildings (M1 and M2); and 17 18 WHEREAS, on June 21, 2007, Resolution 66, 2007 approved an agreement 19 between Downtown at the Gardens Associates, LTD., and the City related to the 20 Applicant's violation of the project's Development Order, Resolution 120, 2005, in 21 regard to parking requirements at Downtown at the Gardens, and provided a term sheet 22 to the agreement outlining temporary relief to the parking issues while the Applicant 23 developed a long-range solution; and 24 25 WHEREAS, the subject site is in violation of the Development Order 26 requirements as provided in the term sheet of Resolution 66, 2007, specifically 27 regarding required parking and the expiration of the $5.4 million surety bond for the 28 construction of such parking; and 29 30 WHEREAS, Downtown at the` Gardens Associates, LTD., has completed 31 construction of 240-space expansion to the existing parking garage, a 50-space surface 32 parking lot, and other temporary parking arrangements; and 33 34 WHEREAS, the proposed site plan amendment would provide adequate parking 35 for the revised mix of uses as required by City code, would correct other outstanding 36 issues which remain outstanding as set forth in Resolution 66, 2007, and would 37 eliminate the need for the parking bond; and 38 39 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, 40 Zoning, and Appeals Board on June 9, 2009, which recommended its approval by a 41 vote of 7-0; and 42 43 WHEREAS, the City Council has considered the evidence and testimony 44 presented by the Applicant and other interested parties and the recommendations of 45 the various City of Palm Beach Gardens' review agencies and staff; and 46 2 Resolution 58,2009 1 2 WHEREAS, the City Council has deemed approval of this Resolution to be in the 3 best interest of the citizens and residents of the City of Palm Beach Gardens. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The Site Plan Amendment petition (SPLA-07-08-000007) from 10 Downtown at the Gardens Associates, LTD., is hereby APPROVED for the Downtown at 11 the Gardens project, located on a 35-acre site, more or less, within the Regional Center 12 Development of Regional Impact (DRI) and Planned Community Development (PCD), 13 as more particularly described herein, in order to modify certain conditions of approval; 14 to reallocate the mix of uses allowed within the PCD in order to satisfy City required 15 parking regulations; to revise the lake area stage plan; and provide a service area 16 screening plan, subject to the conditions of approval contained herein, which are in 17 addition to the general requirements otherwise provided by ordinance: 18 19 LEGAL DESCRIPTION: 20 21 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE 22 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 23 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 24 25 Planning and Zoning 26 27 1. Permits and occupational licenses for the Downtown at the Gardens site 28 shall be limited to a total of 271,050 square feet of mixed use shopping 29 center use, including up to 70,000 square feet of restaurant, and a total of 30 3,032 cinema seats (68,087 square feet), or the equivalent thereof, based 31 on parking and traffic equivalencies. 32 33 2. Prior to the issuance of each occupational license or building permit for 34 interior renovations of tenant spaces, the Downtown at the Gardens 35 Associates, LTD., its successors, assigns, or agent shall submit a 36 breakdown by use (retail, office, and restaurant) of the gross square 37 footage for lease for approval by the Growth Management Department with 38 the required parking allocations. 39 40 3. No service shall be extended to outdoor seating areas that are not included 41 as part of the restaurant allocation plan. Outdoor seating for restaurant 42 service shall be included in the total square footage for the restaurant. 43 44 4. The 50-space temporary parking lot near the parking garage, directly east 45 of building M, shall remain as permanent spaces unless an approved site 46 plan amendment modifies the requirement. 3 Resolution 58,2009 1 5. The temporary parking on the Gosman property shall no longer be required 2 upon City Council approval of this Resolution. In no case shall this parking 3 be used by Downtown at the Gardens beyond June 21, 2010, without 4 further approval by City Council. 5 6 6. The Applicant, successors, or assigns shall have the option of building a 7 second parking garage on site in order to remove the limitations on square 8 footage allocations for specific uses. Landscaping and photometric plans 9 for the west parking garage shall be submitted to Growth Management for 10 review and approval. If the parking garage is proposed in a different 11 location or is not consistent with the approved master plan and elevations, 12 City Council approval shall be required for the square footage allocation, 13 site plan, elevations, landscaping, photometrics, and all other land 14 development regulations that apply during the site plan review process for 15 the second garage prior to construction. 16 17 7. Prior to issuance of permits for the parking garage, the applicant, 18 successors, or assigns shall be required to bond the parking garage 19 improvements. Permits for new tenants that require the parking garage to 20 satisfy the City's parking requirements shall be permitted once the garage is 21 deemed 75 percent complete by the Building Official. No occupational 22 licenses for new tenants shall be permitted prior to issuance of certificate of 23 completion or final acceptance of the garage improvements. 24 25 8. Downtown at the Gardens Associates, LTD., its successors, or assigns 26 shall complete installation of four (4) gates for service areas ("K", "H", "E", & 27 "l/J") within the following timeframes: 28 29 • Service area "K" installed by March 31, 2010. 30 • Service areas "H," "E," & "1/J" installed by September 30, 2010. 31 32 9. Within 30 days of City Council approval, Downtown at the Gardens 33 Associates, LTD., its successors, or assigns shall provide a cost estimate 34 for the cost of materials and installation of all service area gates, for review 35 and approval by the City in order to establish surety. The cost estimate 36 shall be signed and sealed by a professional registered in the State of 37 Florida. Surety will be based on 110% of the total combined approved cost 38 estimates and shall be posted with the City within 45 days of receipt of the 39 City's approval of the estimate. 40 41 10. Service area gates shall be opaque and of a color and material compatible 42 with the building façade, as shown on the Typical Courtyard Screen 43 rendering attached. 44 45 46 47 4 Resolution 58,2009 1 11. A master lake park area plan shall be submitted prior to June 30, 2010, for 2 review and approval by City Council. The improvements proposed in this 3 plan, either a stage or other substitute improvements as agreed upon by the 4 City, will be completed by November 30, 2010. 5 6 12. Within 30 days of City Council approval, Downtown at the Gardens 7 Associates, LTD., its successors, or assigns shall provide a cost estimate 8 for a stage or other substitute improvements as agreed upon by the City, 9 including all landscaping and irrigation costs for review and approval by the 10 City in order to establish surety. The cost estimate shall be signed and 11 sealed by a professional registered in the State of Florida. Surety will be 12 based on 110% of the total combined approved cost estimates and shall be 13 posted with the City within 45 days of receipt of the City's approval of the 14 estimate. 15 16 Building 17 18 13. The stage terrace shall not be elevated more than 30 inches above grade 19 without a safety railing. 20 21 14. A safety railing on the lake retaining wall shall be installed by October 16, 22 2009. A building permit shall be required. 23 24 Code Enforcement 25 26 15. The lake side exterior wall face shall be regularly maintained in a manner to 27 present a clean and neat visual appearance. 28 29 16. Service area gates shall remain closed at all times, except when trucks are 30 in the process of loading or unloading. 31 32 17. Gates shall be installed so as not to block crosswalks while open, except for 33 the gate for service area "K," which shall only block the crosswalk while the 34 truck is picking up or dropping off the compactor. 35 36 SECTION 2. This amendment to the Downtown at the Gardens Site Plan is 37 hereby approved subject to strict compliance with the Exhibits attached hereto and 38 made a part hereof, as follows: 39 40 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, March 13, 41 2009, Sheet 1 of 4. 42 43 2. Downtown at the Gardens, Site Plan, by Cotleur Hearing, March 13, 2009, 44 Sheets 2 and 3 of 4. 45 46 5 1 Resolution 58,2009 1 3. Downtown at the Gardens, Site Details, by Cotleur Hearing, March 13, 2 2009, Sheet 4 of 4. 3 4 4. Downtown at the Gardens, Master Plan — Alt. Plan Includes West Garage, 5 by Cotleur Hearing, revised May 22, 2003, Sheet 3 of 15. 6 7 5. Downtown at the Gardens, East Parking Garage and West Parking Garage, 8 Sheets PG-1 & PG-2, by Oliver, Glidden, Spina, & Partners, March 10, 9 2003. 10 11 6. Typical Courtyard Screen rendering. 12 13 7. Plans for Service Areas "E," "H," "K," and "l/J," by Glidden, Spina, and 14 Partners. 15 16 8. Downtown at the Gardens, Plan of Proposed Elevated Stage/Terrace, 17 overhead sketch, and section sketch. 18 19 SECTION 3. All previous conditions of approval shall remain in full force and 20 effect except as modified hereinabove. 21 22 SECTION 4. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page intentionally left blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6 Resolution 58,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 BY: 25 R. Max Lohman, City Attorney 26 27 28 29 VOTE: AYE NAY ABSENT 30 31 MAYOR RUSSO 32 33 VICE MAYOR LEVY 34 35 COUNCILMEMBER JABLIN 36 37 COUNCILMEMBER BARNETT 38 39 COUNCILMEMBER PREMUROSO 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 58 2009-downtown at the gardens site plan amendment.doc 7 Downtown At The Gardens 0 Palm Beach Gardens, Florida Cotleur Site Data Project Team Legal Description Legal Description (Cont.) Hearing Lareisope h... D014470416 VAr THE G.9.5 Plarieg mmo.o. Envirormenti Ceraulting sar DATA icoineiererear mare reareerr*Ai ire..Sereeer OF*.Nat. ...,Commerce Larie "Ce=r-r-e ir rr.e =see.. 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Site Details OFFFT 4 OF 4 .1=---,..---• - 1.—.=rt.----- DOWNTOWN AT THE GARDENS SITE DATA TOWNSHIP:41 S.RANGE:43 E.SECTION:6 REGIONAL CENTER.PARCELS 27.14 AND 27.12 LAND USE DESIGNATION C/PO EXISTING ZONING DESIGNATION: PCD/DRI PBG PETITION NO.: SP-01-03 FEMA FLOOD ZONE PANEL NO: B-2/120221 0002 B TOTAL SITE AREA 35.20 ACRES PROPOSED USES NEIGHBORHOOD COMMERCIAL 26,000.00 SF REGIONAL RETAIL&RESTAURANTS 224,018.00 SF CINEMA(3020 SEATS) 68,087.00 SF RESEARCH AND DEVELOPMENT/OFFICE 21,032.00 SF TOTAL BUILDING AREA 339,137.00 SF TOTAL GROUND FLOOR AREA 240,802.00 SF MAXIMUM BUILDING HEIGHT 75 FEET BUILDING STORIES 2 STORIES PHASING 1 PHASES NUMBER OF BUILDINGS 14 TYPE OF OWNERSHIP PRIVATE LAND USE ALLOCATION ACRES PERCENT BUILDING LOT COVERAGE 5.53 15.70% VEHICULAR USE AREAS 18.07 51.34% INTERIOR PLAZA 2.66 7.56% COMMUNITY SERVING OPEN SPACE(ALONG LAKE) 2.50 7.10% OPENSPACE,BUFFERS 6.44 18,30% TOTAL SITE AREA 35.2 100.00% OPEN SPACE CALCULATION ACRES PERCENT PERIMETER BUFFERS 4.09 11.62% GREEN SPACE IN VUA'S 2.35 6.68%. COMMUNITY SERVING OPEN SPACE(ALONG LAKE) 2.50 7.10% TOTAL 8.94 25.40% PERVIOUS CALCULATIONS ACRES PERCENT PERVIOUS OPENSPACE&BUFFERS 7.76 22.05% SUBTOTAL 7.76 22.05% IMPERVIOUS BUILDING LOT COVERAGE 5.53 15.70% VEHICULAR USE AREAS 18.07 51.34% WALKS,COURTYARDS&PLAZAS 3.84 10.91% SUBTOTAL 27.44 77.95% TOTAL 35.2 100.00% PARKING CALCULATIONS MIXED USE SHOPPING CENTER TOTAL SHOPPING CENTER USES INCLUDING: SF NEIGHBORHOOD COMMERCIAL,RETAIL, RESTAURANT,R&D,AND OFFICE 271,050 25%OF SHOPPING CTR PERMITTED FOR RESTAURANT USE AT SHOPPING CTR RATE 67,763 RESTAURANT IN EXCESS OF 25% 2,238 MAXIMUM PROPOSED RESTAURANT 70,000 PARKING BY USE SF REQUIREMENT REQUIRED RESTAURANT(IN EXCESS OF 25%OF TOTAL SHOPPING CENTER) 2,238 11150+1/250 24 MIXED USE SHOPPING CENTER'1 INCLUDING OFFICE&NEIGHBORHOOD 268,813 11200 SF 1344 CINEMA:3020 SEATS 68,087 1 PER 3 SEATS 1007 TOTALS 339,137 2375 PARKING PROVIDED GRADE PARKING 1405 EAST PARKING GARAGE 920 M&N PARKING AREA 51 TOTAL PROVIDED PARKING 2376 HANDICAP REQUIRED 34 (20 H.C.SPACES FOR 1000 PARKING SPACES PLUS 10%OF ADDITIONAL SPACES ABOVE 1000) HANDICAP PROVIDED(INCLUDED IN TOTAL) 43 (32 SPACES ON GRADE AND 11 SPACES PROVIDED IN GROUND LEVEL OF PARKING GARAGE) '1:25%OF TOTAL SHOPPING CENTER/RETAIL(67,762,50 SF)USE MAYBE ALLOCATED TO RESTAURANT USE(CODE SEC.78-345) LOADING CALCULATIONS BUILDING SF REQUIRED PROVIDED A 123,774 2.5 4 B/C 43,130 1 2 D/E/F/K/L 115,188 3 4 G/H/I/J 48.565 1 3 M1/M2 8,500 1 1 TOTAL 8 14 BIKE PARKING MINIMUM REQUIRED(5%OF REQUIRED) 119 TOTAL PROVIDED (524 BIKE RACKS) 20 BUILDING DATA NO.OF FLOORS SQUARE FEET BUILDING A 2 123,774.00 BUILDING B/C 2 43,130.00 BUILDING D 2 26,065.00 BUILDING E 1 12,054.00 BUILDING F 1 9,917.00 BUILDING G 1 18,107.00 BUILDING H 1 11,278.00 BUILDING I/J 1 19,180.00 BUILDING K 1 41,831.00 BUILDING L 2 25,301.00 BUILDING M 1 8,500.00 TOTAL BUILDING AREA 339,137.00 / /A Genera/Notes Site Data , 1 , „ s `"\ \ / .0.. ii,_.: I ,N..._,.....„-_ .....,....--,..7...,-:::-.......=-- --- ------- --- ___:' .. 1,/ ( ,0,---------— 1 7=.,=-....v..,-,...:-.=..----- ,,,....:,--Jt.„......=L.-:---- \ EGISTING LAKE -------I '7' Z------------ \ r 777...... =... -- F—g"---"--- ) .,-.,--....;=v" ---...:....,,,,,.-- ,\ ' ___-,---,r--1 -vk ) / 0 _____-- —.7..., , , i--:---°,.-:, = 1934 Canme..;Lana, .,,,,.,5N-5''' 1_, - - . aMirdir ./ '" i -- \-,.), ) Fr L.T=.......4.1.12..74....,..M...L.....,..=`, ...1=4..tra i \--------- ....10*.'-. -."111110111111h■ /.4. ./'.\ \'''''''''."?.1744'-' ...7....... ....... ....., .....L...=...." 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A 5 rn BE II z S BEE EE Ia �$ Ee 1i DBE S 8 m '0I 0 II N sheet title: WEST PARKING GARAGE I file name: ARCH�ASE—PARK—GAR1 ■ ' r A Mixed Use Development p OV/N TOW N AT T H E GA R D E N S PALM BEACH GARDENS,FLORIDA p r o j e c t ne 00192 Eels: OYt Sc drawn heokeA: S.G. checked by: J.G. revisions: ;- � MENIN DEVELOPMENT COMPANIES,INC. OLIVER•GLIDDEN•SPINA&PARTNERS • 140 EDINA WAY.SIMI:00•WEST PASSE SEAM SEDUM • • • aE •• _ TOW AWAY ZONE - w xf • "` ...--••• / EXISTING 11 1111111111"11.4111.411.11111.1 -I ---- - - -E., , .. ,. ■ -+4 ill r. IOWA AY 1 • • r " ,PROPOSED E TYPICAL COURTYARD SCREEN ' ., i !■L.,,,,'''.',; SERVICE COURT BLDG.OE • .."-- \ , --- \ \ \ ,- „- s. \ 0 \ \ . \ „- , EMT.WALL MOUNTED ELECTRIcAL ..,,.. . <0.10,400(0,- - -- EXIST.FIRE DEPAKIrtNT STANDPIPE EXIST.FRE DEPARTMENT STANDPIPE \ N. ,..„-- _tot. -- -"r ---z . - \.o;\ t DEL.CIECK DETECTOR ASSB1BLT. , \ \ 8"DIA. ,- :: -----V s\ POLE ,., ,A ..„ ,..- . ,.,\\ / .' : ....,;.; • 1 i i • 7•-r-..— ‘`.„-r-- .7 \ .) 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TYPICAL EXISTNG STEEL BOLLARDS. ` / -� - .LOTION OF EXIST.ELECTRICAL HOUSE PANEL. � /� \\\ �� DASHEp LINES II�ICATE EXTENT CF VARIOUS \ \\` / SITED WALL rOIINTED ELECTRICAL ECA1119 ENT. 5 , \ E)46TNS HG RAMP(00111 a 6"2 \\\ \ 6� ,•'✓�` `� �, \ \` 8"DIA. �, `, \ \\ POLE s ® \ \ , ,\ .,. ), .... . .,... ,, •no 11,--\ .:::, can . 8'DIA. , l POLE -, 4� f �\ > 1... ` i' , '' , • e , ' 1 ~ < 5 1 GATE `1 / ,\ �/ ' its;6„_` f tZIO --T,,_ia_ '. \ 6dZTs' �i , �= 0 VEy�D \ I 4--s kb /.'`� wolf'' \ 8 6B e SERVICE AREA "H” SCALE: 1/16"=1'O" S4 G S P GLIDDEN•SPINA&PARTNE MOLE:*IMAM/ • FAX:361•61433!/ • &WALL:ef41yp- t 101 PROW WAY,0//511611•WEST PAIRS BEAM FLORIDA 3331 au�w�m rma�wwr r��+mor�m wran a 1 6'O'HIc3 ,, 711110:107‘POLE EXIST.CROSNALK S �l 8'DIA. °' -POLE , 1 1`I ��`�'" � EXISTING TEXTURE COATED MASONRY 6'O'HIGH �IIII,r �``�`` /p SCREEN L_ LOUVERED I 1 (/ GATES Orlli I f. -EX ar °-",s, ' '�1f��111 /' ��\ ( (3)EXISTNG FREE-STANDING CLUSTER itipIllik 11 MAILBOXES. 8'DIA. 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ELECTRICAL HOUSE PANEL. 1 ` ` Vii,,` \ \ \N\`` `` ,`` `` d 11 \\�` \\,1 `L' j2 , ` 1 ` 1 / / EXIST.3 47'R CONCRETE FILLED STEEL 2 \ .,. \ _OE \ "A 2 \,) 11 '3,'4111* ..,''''''''' , - ° / 2 z W SERVICE AREA UK" Illi !( GLIDDEN•SPINA!PARTNERS PHONE:561.6646644 • FAX:361.06.3316 • SYA9.:YR�yNOes.am 9 Hal FORUM WAY.sum 10 WB53 7004 MACK FlARIDA 33401 8 x�6u3wse wxpr xuxn ayr wrtar�m umx a 0 / /-2 8 DIA. � POLE ��� .-- \ GATES D / // ''/ ,'/ / \ 8'DIA. \POLE 4161 I(. \ / / / T\` \ • ��\ \ LOCATION OF EXISTING STANDPIPE AND / '��•� `e` DBL.DETECTOR CHECK VALVE ASSEMBLY. ��� EXISTING H.C.RAMP iDplN f b'/. •� GATESS \, ``�``�`` \I • �� 4 EXIST.FORE DEPARTTENT STANDPIPE. \ $ \ \ c". \ 6 \ \ EXIST. s \ ,, \ '1.,,, N\ \\SI \ -EXISTPY WALL MOINTED ELECTRICAL e ` `` y\�\ )o \,_, \ \ EC IIP`IENT. \\ `` LOCATION CF EXIST.WALL MO;NTED ELECTRICAL HOUSE PANEL. 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Said parcels comprise approximately ten thousand two hundred seventy-six(10,276) acres, in size; such parcels are owned by Palm Beach County, and are generally located west of the Florida Turnpike, and north of Northlake Boulevard. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Growth Management: [ ]Approval 2nd reading City Atto Project oy, Senior Accountant: [ ]Denial Manager [�f� N/A N Postponed R. Max an, Esq. [ ] Martin Schneider, Tresha Thomas [ ]Continued to: MCP Fees Paid: [X]Yes Gr, b, anagement Senior Planner A.i�t n�:,ator Oa [X] Quasi—Judicial Kara L. resin,AICP [ ] Legislative Budget Acct.#: Planni a r [X]Public Hearing N/A Advertised: Attachments: Nat i ,AICP • Location Map Date: Sept. 9,2009 • Current Zoning Map Paper:Palm Beach Post • Proposed Zoning Map [X] Required • Future Land Use Approved By: [ ] Not Required Map City Manager: • Ordinance 21,2009 Affected Parties: _..dierAlLe- " - `o 1 e• Ronal [ ] Not Required F- Meeting Date: September 24,2009 Ordinance 21,2009 EXECUTIVE SUMMARY The proposed Zoning Map change from Planned Development Area (PDA) to Conservation (CONS) will provide the appropriate zoning district to the subject properties, and an additional layer of protection to these environmentally sensitive lands. On June 23, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. On August 20, 2009, the City Council recommended approval of the petition on first reading by a 5-0 vote. BACKGROUND The properties are owned by the County, and were acquired to preserve and maintain the natural habitat in the Loxahatchee Slough Natural Area. 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 is PDA. This zoning district is not appropriate since the nature and character of these properties now function exclusively for Conservation purposes. The proposed Zoning Map change will provide the appropriate zoning district of CONS, and an additional layer of protection for the properties in these environmentally sensitive areas. 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 Natural Area 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 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. LAND USE & ZONING The twenty-seven (27) parcels (please see Table 1) are all owned by Palm Beach County, and are within a portion of the Loxahatchee Slough Natural Area. All parcels are immediately contiguous to adjacent eco-corridors or natural areas, and have a Future Land Use (FLU) designation of Conservation. The City-initiated rezoning will designate the properties with the consistent zoning district of CONS, and will be compatible with the surrounding land uses. The location of the subject properties and the corresponding parcel ID #from Table 1 are presented on Map 1. 2 Meeting Date: September 24,2009 Ordinance 21,2009 Table 1. Subject Properties Parcel ID # PCN Acreage 1 52-41-41-23-00-000-1020 552.60 2 52-41-41-24-00-000-1020 597.56 3 52-41-41-25-00-000-1010 622.94 4 52-41-41-35-00-000-1020 79.07 5 52-41-41-36-00-000-9000 639.40 6 52-41-42-01-00-000-1010 288.20 7 52-41-42-11-00-000-1010 625.15 8 52-41-42-12-00-000-9000 612.63 9 52-41-42-13-00-000-1010 321.72 10 52-42-41-19-00-000-1020 563.94 11 52-42-41-20-00-000-1020 535.92 12 52-42-41-21-00-000-1030 409.20 13 52-42-41-28-00-000-1010 256.33 14 52-42-41-29-00-000-1010 593.12 15 52-42-41-30-00-000-1010 558.53 16 52-42-41-31-00-000-9000 619.71 17 52-42-41-32-00-000-1020 459.39 18 52-42-42-06-00-000-1010 554.49 19 52-42-42-07-00-000-1020 16.93 20 52-42-42-09-00-000-7020 3.04 21 52-42-42-08-00-000-1020 525.89 22 52-42-42-16-00-000-3010 86.91 23 52-42-42-16-00-000-3020 28.96 24 52-42-42-17-00-000-1010 134.73 25 52-42-42-05-00-000-1010 462.49 26 52-41-41-26-00-000-1010 77.16 27 52-42-42-08-00-000-1010 25.82 Total 10,276.48 3 Meeting Date: September 24,2009 Ordinance 21,2009 Map 1. Subject Properties Location Map 'Pe \ Y,. \ :'4*- 1 1 : and 19 cr" I r -k Nor thl ak a Bout eN u d MIIIIIIIIIIIIIIMMII PLANNING, ZONING, AND APPEALS BOARD (PZAB) On June 23, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. CITY COUNCIL ACTION On August 20, 2009, the City Council recommended approval of the petition on first reading by a 5- 0 vote. STAFF RECOMMENDATION The City has initiated a rezoning of the twenty-seven (27) parcels of land, as identified in Table 1, from Planned Development Area (PDA) to Conservation (CONS) zoning district in order to be consistent with the City's Comprehensive Plan Future Land Use designation of Conservation (CONS). 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' „la - - * , _ ,XAHATCHEE SLOUGH PO-PROFESSIONAL OFFICE I/I G-GOLF 1\4 A, FUTURE LAND USE MAP ow HL•RESIDEN11AL LOW I-INDUSTRIAL ME MX0-MIXED USE RM-RESIDENTIAL MEDIUM P-PUBLIC 11111 El BRIO-RURAL RESIDENTIALII PER 10 ACRES) LOXAHATCHEE SLOUGH REZONING RH-RESIDENTIAL HIGH IN ROS-RECREATION OPEN SPACE=RR20-RURAL RESIDENTIAL(1 PER 20 ACRES) Arm =MH-MOBILE HOME CR-COMMERICAL RECREATION IMO RVL-RESIDENTIAL VERY LOW City of Palm Beach Gardens NI C-COMMERCIAL CONS-CONSERVATION MUNICIPAL BOUNDARY Palm Beach County, Florida ° . 1 7oo 1400 5 100 C800 Created May 26,2009 Source: PBG-Growth Mgml 1 ORDINANCE 21, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING TWENTY SEVEN (27) 6 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 7 TEN THOUSAND TWO HUNDRED SEVENTY-SIX (10,276.0+/-) 8 ACRES, MORE OR LESS, IN SIZE; SUCH PARCELS BEING 9 LOCATED WITHIN THE LOXAHATCHEE SLOUGH NATURAL 10 AREA AND GENERALLY LOCATED WEST OF THE FLORIDA 11 TURNPIKE AND NORTH OF NORTHLAKE BOULEVARD, AS 12 MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED 13 DEVELOPMENT AREA (PDA) TO CONSERVATION (CONS) 14 ZONING DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING 15 DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A 16 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City of Palm Beach Gardens has initiated application number 21 REZN-09-05-000008 for rezoning of twenty-seven (27) parcels of real property from 22 Planned Development Area (PDA) to Conservation (CONS) zoning district to be 23 consistent with the City's Future Land Use Map; and 24 25 WHEREAS, the subject site is currently zoned Planned Development Area (PDA) 26 and has a future land use designation of Conservation (CONS); and 27 28 WHEREAS, the Growth Management Department has reviewed the application, 29 has determined that it is sufficient, and has recommended approval; and 30 31 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 32 June 23, 2009, and has recommended approval of the proposed rezoning to the City 33 Council with a vote of 7-0; and 34 35 WHEREAS, the City Council, as the governing body of the City of Palm Beach 36 Gardens, Florida, in accordance with Chapter 163 and Chapter 166, Florida Statutes, 37 and the City's Land Development Regulations, has the right, power, and authority to 38 consider petitions related to zoning and land development orders; and 39 40 WHEREAS, the City Council has considered the evidence and testimony 41 presented by staff and other interested parties and the recommendations of the various 42 City of Palm Beach Gardens and Palm Beach County review agencies and staff; and 43 44 WHEREAS, the City Council has determined that adoption of this Ordinance is in 45 the best interests of the citizens and residents of the City of Palm Beach Gardens, 46 Florida; and Ordinance 21,2009 1 WHEREAS, the City Council has determined that this Ordinance is consistent 2 with the City's Comprehensive Plan based on the following findings of fact: 3 4 1. The proposed rezoning of Conservation (CONS) is consistent with the future 5 land use designation of Conservation (CONS). 6 7 2. The proposed rezoning is in harmony with the general purpose and intent of 8 the Comprehensive Plan and the Land Development Regulations, and is 9 compatible with the intensity and density of the surrounding, existing, and 10 future land uses. 11 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF PALM BEACH GARDENS, FLORIDA that: 15 16 SECTION 1. Those certain parcels of real property located within the corporate 17 limits of the City of Palm Beach Gardens, comprising a total of approximately ten 18 thousand two hundred seventy-six (10,276.0+/-) acres, more or less, in size located 19 within the Loxahatchee Slough Natural Area and generally located west of the Florida 20 Turnpike and north of Northlake Boulevard, and currently zoned "PDA — Planned 21 Development Area" District according to the City of Palm Beach Gardens Zoning Map, 22 is hereby zoned "CONS — Conservation" District and is legally described as follows: 23 24 See Exhibit "A" for Legal Description 25 26 SECTION 2. The City Zoning Map is hereby amended to conform to this 27 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 28 changes to the zoning district map of the City. 29 30 SECTION 3. All Ordinances or parts of Ordinances in conflict be and the same 31 are hereby repealed. 32 33 SECTION 4. Should any section or provision of this Ordinance or any portion 34 thereof, any paragraph, sentence, or word be declared by a Court of competent 35 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 36 this Ordinance. 37 38 SECTION 5. This Ordinance shall take effect immediately upon passage. 39 40 41 42 43 44 45 46 2 Ordinance 21,2009 1 PASSED this,26 day of pVGUsr , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 e// 40 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 21 2009-rezoning-lox slough.doc 3 Exhibit"A" Table 1. Sub_kct Properties Parcel ID # PCN Acreage 1 52-41-41-23-00-000-1020 552.60 2 52-41-41-24-00-000-1020 597.56 3 52-41-41-25-00-000-1010 622.94 4 52-41-41-35-00-000-1020 79.07 5 52-41-41-36-00-000-9000 639.40 6 52-41-42-01-00-000-1010 288.20 7 52-41-42-11-00-000-1010 625.15 8 52-41-42-12-00-000-9000 612.63 9 52-41-42-13-00-000-1010 321.72 10 52-42-41-19-00-000-1020 563.94 11 52-42-41-20-00-000-1020 535.92 12 52-42-41-21-00-000-1030 409.20 13 52-42-41-28-00-000-1010 256.33 14 52-42-41-29-00-000-1010 593.12 15 52-42-41-30-00-000-1010 558.53 16 52-42-41-31-00-000-9000 619.71 17 52-42-41-32-00-000-1020 459.39 18 52-42-42-06-00-000-1010 554.49 19 52-42-42-07-00-000-1020 16.93 20 52-42-42-09-00-000-7020 3.04 21 52-42-42-08-00-000-1020 525.89 22 52-42-42-16-00-000-3010 86.91 23 52-42-42-16-00-000-3020 28.96 24 52-42-42-17-00-000-1010 134.73 25 52-42-42-05-00-000-1010 462.49 26 52-41-41-26-00-000-1010 77.16 27 52-42-42-08-00-000-1010 25.82 Total 10,276.48 Map 1. Subject Properties Location Map I NNN C -0 I sf n Jo* , *114 Al _ ' . y -��� l 1444 44, I En 1 q 4,‘' i North'akeBenlevard NI CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: September 24,2009 Ordinance 22,2009 REZN-09-05-000009 SUBJECT/AGENDA ITEM Ordinance 22, 2009: City-Initiated Rezoning of the Frenchman's Forest Natural Area (REZN-09-05-000009) Second Reading: A joint City-County initiated request for rezoning of three (3) parcels of real property known as the Frenchman's Forest Natural Area from Planned Development Area (PDA) to Conservation (CONS) zoning district. Said parcels comprise approximately one hundred fifty-seven (157) acres, in size; such parcels are owned by Palm Beach County, and are located at the northwest corner of Lone Pine Road and Prosperity Farms Road. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Growth Management: [ ] Approval 2nd reading City Attorne Project Senior Accountant: [ ] Denial / Manager R. Max L. m. ., sq. g N/A [ ] Postponed Martin Schneider, Tresha Thomas [ ] Continued to: AICP Fees Paid: [X] Yes Gro Management Planner A it trator 0 Kara L. I" rwin, AICP [X]Quasi—Judicial [ ] Legislative Budget Acct.#: Planni g n.:er [X] Public Hearing N/A i i - Advertised: Attachments: N. .1' r "g, AICP Date: Sept. 9,2009 • Location Map • Current Zoning Map Paper: Palm Beach Post Proposed Zoning • Map [X] Required • Future Land Use Approved By: [ ] Not Required Map City Mana_er: / Affected Parties: • Ordinance 22,2009 [X Notified [ ] Not Required Ronal. .F- ris Meeting Date: September 24,2009 Ordinance 22,2009 EXECUTIVE SUMMARY The subject site consists of three (3) parcels owned by Palm Beach County ("County") acquired to preserve and maintain the natural habitat in the Frenchman's Forest Natural Area, and total 157.22 acres. The proposed Zoning Map change from Planned Development Area (PDA) to Conservation (CONS) will provide the appropriate zoning district to the subject properties, and an additional layer of protection to these environmentally sensitive lands. On June 23, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. On August 20, 2009, the City Council recommended approval of the petition on first reading by a 5-0 vote. BACKGROUND The subject properties, known as the Frenchman's Forest Natural Area, are located at the northwest corner of the intersection of Lone Pine Road and Prosperity Farms Road approximately 0.75 miles north of PGA Boulevard (please see Location Map 1). It is bordered on the east by Prosperity Farms Road, on the south by the Cabana Colony Canal, on the west by undeveloped native vegetation and rough pasture, and on the north by the Frenchman's Landing development. A 120-foot-wide future road right-of-way strip containing approximately seven acres cuts across the south-central portion of the site. This strip was retained by the previous owner, with a management easement given to the County. The total purchased area of this site is 149.09 acres. The properties are owned by the County, and were acquired to preserve and maintain the natural habitat in the natural area known as Frenchman's Forest. 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 is PDA. This zoning district 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 CONS and an additional layer of protection for the properties to remain protected in perpetuity. The Frenchman's Forest Natural Area was acquired in December 1995 by Palm Beach County. The City of Palm Beach Gardens served as the County's partner in an application for State matching funds for the acquisition. The Florida Communities Trust (FCT) approved matching funds through its Preservation 2000 Program. The Frenchman's Forest Natural Area is part of a broad coastal swale that was separated from the Atlantic Ocean by coastal sand ridges and from the Loxahatchee Slough by a broad pine flatwood ridge. It was part of the headwaters of the former Lake Worth Creek, a meandering blackwater creek that flowed northward to join the Loxahatchee River near its mouth at the Jupiter Inlet. 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. LAND USE & ZONING The three (3) parcels are owned by Palm Beach County, and have a Future Land Use (FLU) designation of Conservation. Collectively, they are known as the Frenchman's Forest Natural Area. The City initiated rezoning will designate the subject property with the consistent zoning district of 2 Meeting Date: September 24,2009 Ordinance 22,2009 Conservation (CONS), and will be compatible with surrounding land uses. Table 1 presents parcel's ID# and corresponding acreage, and Map 1 shows the location of the subject properties. Table 1. Subject Properties Parcel ID # PCN # Acreage 1 52-43-41-32-00-000-3030 .77 2 52-43-41-32-00-000-3020 149.09 3 52-43-41-32-00-000-7070 7.36 Total 157.22 Map 1. Subject Property Location Map =,1 — �li1` �, Li ✓ lic(.-1-(= A r r a ,\ x T ii c3 p 1'im. III -------Thk 1 fir (I � 1 Ali-7 -= t t 11 1 ri: 77 � �a ("'-,,ri Il (ct__ ir \ rik.- .C . ' PGA Boulevard 1 PLANNING, ZONING, AND APPEALS BOARD (PZAB) On June 23, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. CITY COUNCIL ACTION On August 20, 2009, the City Council recommended approval of the petition on first reading by a 5- 0 vote. 3 Meeting Date: September 24,2009 Ordinance 22,2009 STAFF RECOMMENDATION The City has initiated a rezoning of three (3) parcels, totaling 157 acres of land, as identified in Table 1, from Planned Development Area (PDA) to Conservation (CONS) zoning district in order to be consistent with the City's Future Land Use designation of Conservation (CONS). Therefore, staff recommends APPROVAL of Ordinance 22, 2009. 4 (1111111) Location Alai) Y a :.1i, s • Ti, w_'1;+� ''qT�" �C!,'r,r W.I. r�.,►•2f4 •'1,'-r� R . i5Y 1y ; , 1Y.; f t- ?P Tw Ja, , F ^` 1� •' ` • is-, ' k� i 44 Y Is . .�.: '.Y".S. 'i,r. :r-. 1,"i 4=c 4 ° "k". +. ;', ',1. ,..j .s '.) 1lllwww`, J- '( +.>•r •.lf,r , •.` , � 11.`.F tc-.� 4; •i a>� '7� � �W .�1 a'. .1i •'• �� . 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',Iki O 4 - .. ` Wit r .ter - • :, :4 04 ,;.: •'R * . r Bier ,` .:.v ; _ f' -- I—, =.x 14' t. '..;.;` rr.� ''' 1 ----- `l' - $ - .lr *'r ry t 1.i ?,„ . :— :::' w r i. ' �"1. - � 4i' � -. L. +�a 4 .1 ;t T i[. �.� - y -"' r,� e ►F'e.►L 0 E Tor -: I:- - I '''r rikt- I 4t'004110 r -.rl , 4-- y IMI RL-RESIDENTIAL LOW I-INDUSTRIAL r MXD-MIXED USE N FAUTURE LAND USE MAP Mi RM-RESIDENTIALMEDIUM P-PUBLIC �RRIO-RURAL RESIDENTIAL)1 PER 10ACRES) u RH-RESIDENTIAL HIGH Ma ROS-RECREATION OPEN SPACE Ell RR20-RURAL RESIDENTIAL)1 PER 20 ACRES) C'+ FR ENCH MANS FOREST REZONING oliMH-MOBILE HOME CR-COMMERICAL RECREATION MB RVL-RESIDENTIAL VERY LOW .� City of Palm Beach Gardens No C-COMMERCIAL CONS-CONSERVATION MUNICIPAL BOUNDARY y m PO-PROFESSIONAL OFFIC E G-GOLF ENCHMANS FOREST t '° Palm Beach County, Florida o n . 600 MO 1200 Created May 26,2009 -- `"� Source: P8G-Growth Mgmt 1 ORDINANCE 22, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING THREE (3) PARCELS OF 6 REAL PROPERTY COMPRISING APPROXIMATELY ONE 7 HUNDRED FIFTY-SEVEN (157.0+/-) ACRES, MORE OR LESS, IN 8 SIZE; SUCH PARCELS BEING LOCATED WITHIN THE 9 FRENCHMAN'S FOREST NATURAL AREA AND GENERALLY 10 LOCATED AT THE NORTHWEST CORNER OF LONE PINE ROAD 11 AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY 12 DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA 13 (PDA) TO CONSERVATION (CONS) ZONING DISTRICT; 14 PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; 15 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, 16 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 17 AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City of Palm Beach Gardens has initiated application number 21 REZN-09-05-000009 for rezoning of three (3) parcels of real property from Planned 22 Development Area (PDA) to Conservation (CONS) zoning district in order to be 23 consistent with the City's Future Land Use Map; and 24 25 WHEREAS, the subject site is currently zoned Planned Development Area (PDA) 26 and has a future land use designation of Conservation (CONS); and 27 28 WHEREAS, the Growth Management Department has reviewed the application, 29 has determined that it is sufficient, and has recommended approval; and 30 31 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 32 June 23, 2009, and has recommended approval of the proposed rezoning to the City 33 Council with a vote of 7-0; and 34 35 WHEREAS, the City Council, as the governing body of the City of Palm Beach 36 Gardens, Florida, in accordance with Chapter 163 and Chapter 166, Florida Statutes, 37 and the City's Land Development Regulations, has the right, power, and authority to 38 consider petitions related to zoning and land development orders; and 39 40 WHEREAS, the City Council has considered the evidence and testimony 41 presented by staff and other interested parties and the recommendations of the various 42 City of Palm Beach Gardens and Palm Beach County review agencies and staff; and 43 44 WHEREAS, the City Council has determined that adoption of this Ordinance is in 45 the best interests of the citizens and residents of the City of Palm Beach Gardens, 46 Florida; and Ordinance 22, 2009 1 WHEREAS, the City Council has determined that this Ordinance is consistent 2 with the City's Comprehensive Plan based on the following findings of fact: 3 4 1. The proposed rezoning of Conservation (CONS) is consistent with the future 5 land use designation of Conservation (CONS). 6 7 2. The proposed rezoning is in harmony with the general purpose and intent of 8 the Comprehensive Plan and the Land Development Regulations, and is 9 compatible with the intensity and density of the surrounding, existing, and 10 future land uses. 11 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF PALM BEACH GARDENS, FLORIDA that: 15 16 SECTION 1. Those certain parcels of real property located within the corporate 17 limits of the City of Palm Beach Gardens, comprising a total of approximately one 18 hundred fifty seven (157.0+/-) acres, more or less, in size located at the northwest 19 corner of Lone Pine Road and Prosperity Farms Road, and currently zoned "PDA — 20 Planned Development Area" District according to the City of Palm Beach Gardens 21 Zoning Map, is hereby zoned "CONS — Conservation" District and is legally described 22 as follows: 23 24 See Exhibit "A" for Legal Description 25 26 SECTION 2. The City Zoning Map is hereby amended to conform to this 27 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 28 changes to the zoning district map of the City. 29 30 SECTION 3. All Ordinances or parts of Ordinances in conflict be and the same 31 are hereby repealed. 32 33 SECTION 4. Should any section or provision of this Ordinance or any portion 34 thereof, any paragraph, sentence, or word be declared by a Court of competent 35 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 36 this Ordinance. 37 38 SECTION 5. This Ordinance shall take effect immediately upon passage. 39 40 41 42 43 44 45 46 2 Ordinance 22, 2009 1 PASSED this .Q67-6-day of A V G u sr , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 / 39 /`'� 40 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 22 2009-rezoning frenchmans forest natural area.doc 3 Exhibit"A" Subject Properties Parcel ID # PCN # Acreage 1 52-43-41-32-00-000-3030 .77 1 2 52-43-41-32-00-000-30201 149.09 • 3 • 52-43-41-32-00-000-7070' 7.36 Total 157.22 Location Map I mo=' ' Th,. I—' LI \v) - t - - . - tr----'_- v �_l \\\ .. __ `` / �1. -t (_mil /��___- ---z.a I y �` x a . . 0 1 - . . - Q Csql 111 - - _ - u L-17:-.7 -----76,----m--- --- ------1 .-Jr.: jc, . 1\ \____-) —zi, --- .1 1 �- cjj PGA Bonlev Ir n ' • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Ordinance: Ordinance 27, 2009 Subject/Agenda Item: Ordinance 27, 2009 amending Chapter 30, "Emergency Services" providing updates and adopting a new Article Ill entitled "Misuse of 911 or Emergency Call System". [X] Recommendation to APPROVE [ ] Recommendation to DENY Revi- .� Originating Dept.: Costs: $ 0 Council Action: (Total) '/ Fire Rescue Ci A,00rrneey [ ]Approved Current FY [ ]Approved w/ Police Department conditions [ ] Denied �.�� Advertised: Funding Source: Neighborhood Services [ ] Continued to: N/A Date: [X]Operating Attachments: Paper: [ ] Other Ord. 27, 2009 Submitted by: Staff Report Peter T. Bergel, Fire [ ] Not Required Chief Departme irector Affected parties Budget Acct.#: Approved by: [ ] Notified N/A ` ,r,/ „ [X] Not required City Man-,ter Meeting Date: September 10, 2009 Ordinance 27, 2009 BACKGROUND: Chapter 30 of the City's Code of Ordinances currently regulates all alarm systems within the corporate boundaries of Palm Beach Gardens. Ordinance 27, 2009 provides for installation, maintenance and permitting of alarm systems as well as the penalties for excessive false alarms and the misuse of the 911 or Emergency Call System. City staff formed a team to address this issue in order to provide for enforcement of false alarms and the misuse of the 911/Emergency Call System. The team consisted of Stephen Stepp, Police Chief; Officer Julius Barone, Police Department; David Reyes, Operations Director, Neighborhood Services; Peter Berge!, Fire Chief; and Scott Fetterman, Deputy Chief/Fire Marshal. The team has revised the current ordinance and developed a new section that deals with the misuse of the 911/Emergency Call System. Specifically, the new policy reintroduces requirements for false fire alarms, which was repealed when the Code of Ordinances was re-codified in 2002, establishes a procedure for registering alarm systems, and provides for penalties for excessive false alarms. Additionally, the revision creates a new section titled "Misuse of 911 or Emergency Call System" to address 911 hang-ups and the use of the 911 system for false or malicious calls. Finally, the revisions provide for notice and an appeal process before the Special Magistrate in accordance with Florida Statutes. Ordinance 27, 2009 was approved on first reading at the September 10, 2009 Council meeting. STAFF RECOMMENDATION: Approve Ordinance 27, 2009 on second and final reading. 1 ORDINANCE 27, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 30 EMERGENCY 6 SERVICES OF THE CODE OF ORDINANCES OF THE CITY OF PALM 7 BEACH GARDENS REPEALING ARTICLE II, ALARM SYSTEMS IN ITS 8 ENTIRETY AND RE-ADOPTING SAME, AS REVISED; PROVIDING 9 REGULATIONS REGARDING EXCESSIVE FALSE ALARMS, FINES, 10 AND APPELLATE REVIEW; FURTHER AMENDING CHAPTER 30 BY 11 ADOPTING AN ENTIRELY NEW ARTICLE III, MISUSE OF 911 OR 12 EMERGENCY CALL SYSTEM; PROVIDING REGULATIONS, FINES, AND 13 APPELLATE REVIEW; PROVIDING THAT EACH AND EVERY OTHER 14 SECTION AND SUBSECTION OF CHAPTER 30 SHALL REMAIN IN FULL 15 FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A 16 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 17 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 18 PURPOSES. 19 20 21 WHEREAS, the City of Palm Beach Gardens Code of Ordinances relative to 22 enforcement of excessive false alarms is in need of revision; and 23 24 WHEREAS, the City Council desires to amend said Code to provide for updates and a 25 revised penalty structure along with specific appellate remedies as set forth herein; and 26 27 WHEREAS, the City Council also desires to adopt regulations, penalties, and 28 appellate remedies relative to misuse of the 911 emergency system as set forth herein; and 29 30 WHEREAS, the City Fire Chief has recommended adoption of these Code revisions; 31 and 32 33 WHEREAS, the City Council believes that such revisions will be in the best interest, 34 and will promote the health, safety, and welfare of the citizens of the City of Palm Beach 35 Gardens. 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 39 PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. Chapter 30, Emergency Services of the Code of Ordinances of the City 42 of Palm Beach Gardens is hereby amended by repealing Article II, Alarm Systems and re- 43 adopting same, as revised; providing regulations regarding excessive false alarms, fines, and 44 appellate review; providing that Chapter 30, Article II, Alarm Systems (as well as its 45 accompanying table of contents) shall hereafter read as follows: 46 47 48 49 Ordinance 27,2009 1 Chapter 30 2 3 EMERGENCY SERVICES 4 5 Article II. Alarm Systems 6 7 Sec. 30-31. Definitions. 8 Sec. 30-32. Purpose. 9 Sec. 30-33. Automatic Dialing Device or interconnection to trunk lines. 10 Sec. 30-34. Direct connections to law enforcement agencies. 11 Sec. 30-35. Equipment maintenance. 12 Sec. 30-36. Alarm permit required. 13 Sec. 30-37. Application. 14 Sec. 30-38. Issuance. 15 Sec. 30-39. Excessive false alarm signals limited. 16 Sec. 30-40. Charges for excessive false alarms in residential and commercial 17 structures. 18 Sec. 30-41. Notice and appeal. 19 20 Sec. 30-31. Definitions. 21 22 The following words, terms, and phrases, when used in this article, shall have the meanings 23 ascribed to them in this section, except where the context clearly indicates a different 24 meaning: 25 26 Alarm agent means any person employed by an alarm business whose duties include 27 altering, installing, maintaining, moving, repairing, replacing, selling, servicing, and 28 responding to an alarm system. 29 30 Alarm business means any business operated by a person for a profit which engages 31 in the activity of altering, installing, maintaining, moving, repairing, replacing, selling, 32 operating, and responding to an alarm system. 33 34 Alarm system means an assembly of equipment and devices arranged to signal the 35 presence of a hazard requiring urgent attention and to which police and fire rescue are 36 expected to respond. This definition does not include alarm systems on motor vehicles. If, 37 however, an alarm system on a motor vehicle is connected with an alarm system on 38 premises (other than a proprietary system), the system is an alarm system. This definition 39 also does not include alarm systems that are used only to alarm or signal persons located 40 within the premises in which the alarm system is located of an attempted unauthorized 41 intrusion or hold-up attempt. If such a system, however, employs an audible signal emitting 42 sounds or a flashing light or beacon designed to signal persons outside the premises, such a 43 system shall be subject to the provisions of this article. 44 45 Alarm user means any person on whose premises an alarm system, as defined in this 46 section, is maintained within the City. 47 48 49 2 Ordinance 27,2009 1 Annunciator means the instrumentation on an alarm console at the receiving terminal 2 of a signal line which through both visual and audible signals shows when an alarm device at 3 a particular location has been activated or when line trouble is indicated. 4 5 Answering service means a telephone answering service providing among its 6 services the service of receiving emergency signals from alarm systems on a continuous 7 basis directed through trained employees and thereafter immediately relaying the message 8 by live voice to the 900 communications center. 9 10 Automatic dialing device or service means an alarm system which automatically 11 sends over regular telephone lines by direct connection or otherwise. A prerecorded voice 12 message on coded signal indicating the existence of the emergency situation that the alarm 13 system is designated to detect. 14 15 Automatic Fire Detection System and/or Fire Alarm means any system employing 16 heat detectors, smoke detectors, flame detectors, sound alert, or water flow alarm elements 17 for the purpose of detecting and automatically transmitting an alarm of fire. 18 19 Automatic holding alarm system means an alarm system which the signal 20 transmission is initiated by the action of the intruder. 21 22 Burglar alarm system means an alarm system signaling an entry or attempted entry 23 into the area protected by the system. 24 25 Central station means an office to which remote alarm and supervisory signaling 26 devices are connected where operators supervise the circuits. 27 28 Central station equipment means a signal receiving, recording, or retransmitting 29 equipment installed in the central station. 30 31 Central station system means a system in which operation or electrical protection 32 circuits and devices are signaled automatically to, recorded in, maintained and supervised 33 from a central station having trained operators in attendance at all times. 34 35 False alarm means an activation or triggering of an alarm system or systems through 36 mechanical failure, malfunction, improper installation, or the improper or negligent operation 37 of such alarm system or systems by the owner, lessee, or user of an alarm system or 38 systems, or of its employees or agents, that result in dispatch of law enforcement or fire 39 rescue personnel. False alarms do not include: 40 41 (1) Alarms caused by hurricanes, tornadoes, earthquakes, or other violent 42 conditions. 43 44 (2) Alarms transmitted because of a water main break or similar causes that occur 45 outside of the protected premises. 46 47 (3) Alarms covered by F.S. §§ 401.44 and 806.101. 48 49 3 Ordinance 27,2009 1 Dispatch shall mean, for the purposes of this chapter, that a police and/or fire vehicle 2 or vehicles were directed by the City dispatcher to proceed to a specific location in 3 response to an alarm whether false or otherwise. 4 5 Holdup alarm system means an alarm system signaling a robbery or attempted 6 robbery. 7 8 Interconnect means to connect an alarm system to a voice grade telephone line 9 without directly or through a mechanical device that utilizes a standard telephone for the 10 purpose of using the telephone line to transmit an emergency message upon the activities of 11 the alarm system. 12 13 Local alarm system means a signaling system which when activated in or on the 14 premises within which the system is installed. 15 16 Manual holdup alarm system means an alarm system in which the signal 17 transmission is initiated by the direct action of the person attacked or by an observer of the 18 attack. 19 20 Modified central station means an office to which remote alarm and supervisory 21 signaling devices are connected, where operators supervise the circuits. Such a modified 22 central station is not listed by Underwriters' Laboratories. 23 24 Occupied residential dwelling unit means an occupied dwelling that is used as a 25 residence by a single housekeeping unit. 26 27 Person includes any natural person, partnership, joint stock company, unincorporated 28 association of society, or corporation of any character whatsoever. 29 30 Primary trunk line means a telephone line leading directly into the communication 31 center of any law enforcement agency that is for the purpose of handling emergency calls on 32 a person-to-person basis and which is identified as such by a special number included 33 among the emergency numbers listed in the telephone directory issued by the telephone 34 company and covering the service area within the City (911). 35 36 Proprietary system means an alarm system sounding and/or recording alarm and 37 supervisory signals at a control center located within the protected premises, the control 38 center being under the supervision of the proprietor of the protected premises. If a 39 proprietary system includes a signal line connected directly or by means of an automatic 40 dialing device to a police communication center, a central station, or answering service, the 41 system is an alarm system. 42 43 Remote signaling system means an alarm signaling system which when activated by 44 an alarm device transmits a signal from an alarm signaling device to a central location other 45 than the law enforcement agency and/or the 911 center where appropriate action is taken to 46 investigate and respond to the signal. 47 48 49 4 Ordinance 27,2009 1 Signal line means a transmission line through which the signal passes from one of the 2 elements of the signal transmission to another. 3 4 Subscriber means a person who buys and/or leases or otherwise obtains an alarm 5 signaling system and thereafter contracts with or hires an alarm business to monitor and/or 6 service the alarm device. 7 8 Telephone Company means the utility that furnishes telephone service to the citizens 9 of the City. 10 11 UL is an abbreviation for Underwriters' Laboratories. 12 13 Cross references: Definitions generally, § 1-2. 14 15 Sec. 30-32. Purpose. 16 17 The purpose of this article is to establish standards to regulate alarm systems by alarm users 18 that require police and/or fire rescue response or investigation. 19 20 Sec. 30-33. Automatic dialing device or interconnection to trunk lines. 21 22 Automatic dialing devices shall not be interconnected to the primary or special trunk line at 23 the police or fire department. Automatic dialing devices may be interconnected to equipment 24 designed to receive such signals in the 911 communications center when authorized by the 25 chief of police. 26 27 (1) Every alarm business selling or leasing to any person an automatic dialing 28 device which is installed on such person's premises within the municipal boundaries of 29 the City after November 17, 1994, shall furnish that person with instructions providing 30 that information required by the National Fire Protection Association Standards to 31 enable persons using the automatic dialing device to operate it properly. If the 32 automatic dialing device is to be serviced or maintained by another alarm business, 33 the responsible person shall furnish such other alarm business with a manual or other 34 information, including a diagram of the final installation necessary to enable it to 35 service or properly maintain such device. 36 37 (2) If the chief of police or his designee finds such instructions to be incomplete or 38 unclear or inadequate to explain how the device operates and is maintained, he may 39 require the alarm business to revise the instructions and so advise the alarm business 40 by mailing a certified notice which describes the necessary information and advising 41 the alarm business that it is required information provided therein to all persons who 42 have had automatic dialing devices installed by the alarm business. 43 44 (3) Every alarm business selling or leasing to any person an automatic dialing 45 device which is installed on such person's premises in the City after November 17, 46 1994, shall furnish to the person buying or leasing such device written information and 47 training concerning how service may be obtained at any time, including a telephone 48 number to call for service 49 . 5 Ordinance 27,2009 1 Sec. 30-34. Direct connections to law enforcement agencies. 2 3 Direct connections may be permitted in the City when authorized by the chief of police. 4 5 Sec. 30-35. Equipment maintenance. 6 7 (a) Each subscriber, at his expense, is required to maintain all components of his 8 alarm system in good working order at all times to ensure that the sensory mechanism 9 used in connection with such device is adjusted to suppress false indications of 10 holdups or intrusions or fire or smoke conditions so that the device shall not be 11 activated by impulses due to short flashes of light, wind, noises, vehicular noise, or 12 other forces unrelated to genuine alarms. 13 14 (b) No alarm system designed to transmit emergency messages shall be tested or 15 demonstrated without first notifying the central station and the 911 central 16 communications. 17 18 Sec. 30-36. Alarm permit required. 19 20 (a) It shall be unlawful, with the exception of a single-family residence, for any 21 person or entity to install or maintain an alarm in operational order unless that person 22 or entity first obtains an alarm registration from the City's business services division. 23 24 (b) In addition to satisfactory completion of the application required in section 30- 25 37, an alarm permit for an installation at a non-single-family residential location may be 26 issued to an applicant only if it is demonstrated that the alarm is installed by an alarm 27 business under current alarm code standards, and only if the installation of equipment 28 which is approved by UL (Underwriters Laboratories), FM (Factory Mutual), or an 29 approved testing laboratory for its intended usage. 30 31 (c) Alarm registrations must be renewed each year and shall be in effect from 32 October 1 to September 30 of the next year. 33 34 Sec. 30-37. Application 35 36 Application for alarm permits shall be made on forms provided by the City's Business 37 Services Division. Each applicant shall state: 38 39 (1) The name, address, telephone number, and owner of the property to be 40 serviced by the alarm; 41 42 (2) The name, address, and telephone number of the applicant, if different from the 43 property owner, to be serviced; 44 45 (3) The name, address, and telephone number of the person in charge of the 46 premises or buildings served by the alarm and no less than three (3) persons' or 47 entities' addresses and telephone numbers to be contacted in the event of an alarm if 48 required by the fire rescue or police departments; 49 50 6 Ordinance 27,2009 1 (4) The name, address, 24-hour telephone number, and state license number of 2 the person or entity installing the fire alarm; 3 4 (5) The name, address, 24-hour telephone number, and state license number of 5 the person or entity monitoring the alarm; 6 7 (6) The name, address, 24-hour telephone number, and state license number of 8 the person or entity providing maintenance and repair service to the alarm; and 9 10 (7) The signature of the property owner, alarm user, and an authorized 11 representative of the alarm business. 12 13 The information set forth in (1) above shall be kept current by the permit holder, and the 14 permit holder shall immediately notify the City's Business Services Division of any changes in 15 the information. Failure to so notify shall constitute a violation of this article. 16 17 Sec. 30-38. Issuance. 18 19 The City shall issue a registration only after receiving a completed application and only after it 20 is determined the alarm meets the criteria of this article and current alarm code standards. 21 Any denial shall be made in writing, with a statement of definite reasons for denial. An 22 application for a fire alarm permit may also be denied if the applicant falsifies any statement 23 on the application, and a knowing falsification shall be a violation of this article. 24 25 Sec. 30-39. Excessive false alarm signals limited. 26 27 No person or entity shall allow, permit, cause, or fail to prevent the false activation or false 28 triggering, for any reason, of the alarm used by that person, or any alarm serving a premises 29 or a building occupied and/or controlled by such person or entity of more than three times 30 within any six (6) month period of time. The emission of more than three (3) false alarms 31 within a period of six (6) consecutive months is excessive and constitutes a public nuisance, 32 and is a violation of this article and shall subject that person to the penalties of this Code. 33 34 Sec. 30-40. Charges for excessive false alarms in residential and commercial 35 structures. 36 37 The activation of four (4) or more false alarms within a six (6) month period will be handled in 38 accordance with the following: 39 40 (1) For the fourth through sixth false alarms within a six (6) month period, the alarm 41 user or building owner shall be assessed a fine, as outlined in the City of Palm Beach 42 Gardens Master Fees and Charges Schedule, per occurrence, which shall be 43 considered a debt owed to the City of Palm Beach Gardens. 44 45 (2) For the seventh through ninth false alarms within a six (6) month period, the 46 alarm user or building owner shall be assessed a fine, as outlined in the City of Palm 47 Beach Gardens Master Fees and Charges Schedule, per occurrence, which shall be 48 considered a debt owed to the City of Palm Beach Gardens. 49 50 7 Ordinance 27, 2009 1 (3) For the tenth and each successive false alarms within a six (6) month period, 2 the alarm user shall be assessed a fine, as outlined in the City of Palm Beach Gardens 3 Master Fees and Charges Schedule, per occurrence, which shall be considered a debt 4 owed to the City of Palm Beach Gardens. 5 6 (4) In the event that a property fails to pay a false alarm fee or exceeds the 7 allowable false alarms as provided herein, the police/fire chief or designee may: 8 9 (a) process a complaint for each occurrence to the Palm Beach Gardens 10 Special Magistrate for corrective action; or 11 12 (b) enter into an agreement with the owner to implement appropriate 13 corrective action to remedy said nuisance(s); or 14 15 (c) pursue any other legally-available remedies. 16 17 (5) Funds documented as expended by the owner for corrective action, may, upon 18 receipt of documentation by the police/fire chief or designee, be deducted from the 19 debt owed to the City of Palm Beach Gardens for excessive false alarms. 20 21 (6) The provisions of this section shall not apply to required alarm systems for an 22 initial period of two (2) months from the date the alarm system is accepted by the 23 police/fire chief or designee. 24 25 The police/fire chief or designee shall determine the number and frequency of such false 26 alarm signals and notify the alarm user or building owner of amounts owed and shall make 27 demand thereof, pursuant to the provisions of this Code. The City may initiate proceedings to 28 collect said fines after demand thereof has been made by the police/fire chief or designee. 29 30 Sec. 30-41. Notice and Appeal. 31 32 (a) Any excessive false alarm will be considered irreversible or irreparable in 33 nature. As such, notices relative to Special Magistrate proceedings shall be issued in 34 accordance with Section 162.06, Florida Statutes, and Chapter 2, Article IV, Division 3, 35 of the City's Code of Ordinances. 36 37 (b) Pursuant to Section 162.11, Florida Statutes, and Chapter 2, Article IV, Division 38 3, Sec. 2-240 of the City's Code of Ordinances, appeals shall be handled as follows: 39 40 An aggrieved party, including the City, may appeal a final administrative order 41 of the Special Magistrate to the circuit court. Such an appeal shall not be a hearing de 42 novo but shall be limited to appellate review of the record created before the Special 43 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order 44 to be appealed. 45 46 47 48 49 8 Ordinance 27,2009 1 SECTION 2. Chapter 30, Emergency Services of the Code of Ordinances of the City 2 of Palm Beach Gardens is hereby amended by creating an entirely new Article Ill, Misuse of 3 911 or Emergency Call System to provide regulations, fines, and appellate remedies relative 4 to misuses of the 911 system, providing that Article Ill, Misuse of 911 or Emergency Call 5 System (as well as its accompanying table of contents) shall hereafter read as follows: 6 7 Chapter 30 8 9 EMERGENCY SERVICES 10 11 Article III. Misuse of 911 or Emergency Call System 12 13 Sec. 30-42. Purpose. 14 Sec. 30-43. Definitions. 15 Sec. 30-44. Misuse of the 911 system — Designated. 16 Sec. 30-45. Misuse of the 911 system — Fees. 17 Sec. 30-46. Reserved. 18 Sec. 30-47. Reserved. 19 Sec. 30-48. Notice and appeal. 20 21 Article III. MISUSE OF 911 OR EMERGENCY CALL SYSTEM 22 23 Sec. 30-42. Purpose. 24 25 This chapter is intended to reduce the number of false requests for emergency assistance 26 or similar misuse of the 911 emergency response system which occur within the City and 27 result in waste of City resources by providing for corrective administrative action, including 28 fees for repeated violations. 29 30 Sec. 30-43. Definitions. 31 32 The following persons or words used in this chapter shall be defined as set forth in this 33 section: 34 35 Person includes any natural person, partnership, joint stock company, unincorporated 36 association of society, or corporation of any character whatsoever. 37 38 Hang-ups shall be defined as events wherein "911" is dialed, a dispatcher answers the 39 call and the caller hangs up without an actual emergency existing. "Hang-ups" shall 40 constitute misuse of the 911 system. 41 42 Misuse of the 911 system is a request for emergency response when no actual 43 emergency exists and when the caller does not have a good-faith basis to request 44 emergency assistance. This definition shall not apply to mechanical activations of 45 requests for assistance which are addressed in Article II, Alarm Systems, nor shall it be 46 interpreted to impose liability on any person who makes a good-faith request for 47 emergency assistance based on a reasonable belief that an emergency situation exists. 48 49 50 9 Ordinance 27,2009 1 Sec. 30-44. Misuse of the 911 system — Designated. 2 3 It shall be unlawful for any person to misuse the 911 system. It shall be an affirmative 4 defense to any alleged misuse of the 911 system that the person charged had a good-faith, 5 reasonable, factual basis for their use of the 911 system. 6 7 Sec. 30-45. Misuse of the 911 system — Fees. 8 9 Misuse of the 911 system shall subject the violator to the following administrative sanctions, 10 which shall be initiated by personnel from the police and/or fire departments upon misuse of 11 the emergency response system: 12 13 Misuse of the 911 system four (4) or more times from the same location or phone number 14 within a six (6) month period shall be addressed as follows: 15 16 (1) After the fourth misuse within a six (6) month period, the occupant, tenant, 17 person, or building owner shall be assessed a fine, as outlined in the City of Palm 18 Beach Gardens Master Fees and Charges Schedule, per occurrence, which shall be 19 considered a debt owed to the City of Palm Beach Gardens. 20 21 (2) In the event that a property fails to pay a false alarm fee or exceed the 22 allowable false alarms as provided herein, the police/fire chief or designee may: 23 24 (a) process a complaint for each occurrence to the Palm Beach Gardens 25 Special Magistrate for corrective action; or 26 27 (b) enter into an agreement with the owner to implement appropriate 28 corrective action to remedy said nuisance(s); or 29 30 (c) pursue any other legally-available remedies. 31 32 The police/fire chief or designee shall determine the number and frequency of such misuses 33 and notify the person or building owner of amounts owed and shall make demand thereof, 34 pursuant to the provisions of this Code. The City may initiate proceedings to collect said 35 fines after demand thereof has been made by the police/fire chief or designee. 36 37 Sec. 30-46. Reserved. 38 39 Sec. 30-47. Reserved. 40 41 Sec. 30-48. Notice and appeal. 42 43 (a) Notice of imposition of any administrative decision or sanction, including the 44 imposition of a monetary assessment, shall be provided to the person(s) residing on 45 such premises as well as the owner of the premises as shown on the tax records of 46 Palm Beach County; provided, however, that with respect to a business premises, the 47 owner, manager, or chief administrative agent regularly assigned and/or employed on 48 the premises at the time of occurrence of the deliberate misuse of the 911 System 49 shall be presumed to be the person to whom notice shall be given. 10 Ordinance 27,2009 1 (b) Any excessive misuse of the 911 System will be considered irreversible or 2 irreparable in nature. As such, notices relative to Special Magistrate proceedings shall 3 be issued in accordance with Section 162.06, Florida Statutes, and Chapter 2, Article 4 IV, Division 3 of the City's Code of Ordinances. 5 6 (c) Pursuant to Section 162.11, Florida Statutes, and Chapter 2, Article IV, Division 7 3, Sec. 2-240 of the City's Code of Ordinances, appeals shall be handled as follows: 8 9 An aggrieved party, including the City, may appeal a final administrative order of the 10 Special Magistrate to the circuit court. Such an appeal shall not be a hearing de novo 11 but shall be limited to appellate review of the record created before the Special 12 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order 13 to be appealed. 14 15 SECTION 3. Each and every other section and subsection of Chapter 30, Emergency 16 Services shall remain in full force and effect as previously enacted. 17 18 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 19 hereby repealed. 20 21 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 22 any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be 23 invalid, such decision shall not affect the validity of the remainder of this Ordinance. 24 25 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 26 27 SECTION 7. This Ordinance shall take effect immediately upon passage. 28 29 30 (The remainder of this page intentionally left blank) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11 Ordinance 27,2009 1 PASSED this )O day of 3e p-remc nt , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second and 4 final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 39 �, 40 41 42 43 44 45 46 47 48 49 G:\attorney_share\ORDINANCES\2009\Ordinance 27 2009-false alarm code-final.doc 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Resolution 76, 2009 Subject/Agenda Item: Resolution 76, 2009, renewing contract for property and casualty insurance program to Preferred Government Insurance Trust for period from October 1, 2009 through September 30, 2010. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed • : Originating Dept.: Costs: $1,200,140 Council Action: Finance (Total) ity Att. ne [ ]Approved $ -0- [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [X] Operating Attachments: Paper: [ ] Other ➢ Resolution 76, 2009 ➢ Exhibit"A" PGIT Proposal Submitted by: Allan w [X] Not Required Department Director Affected parties Budget Acct.#: Appro - by: [ ] N. ' '-: 001-0900-519.4500 [ ] None xxx-xxxx-xxx.2410 City Man.ger [X] Not required Meeting Date: September 24, 2009 Resolution 76, 2009 • BACKGROUND: The City of Palm Beach Gardens has maintained property and casualty insurance with Preferred Government Insurance Trust (PGIT) since October 1, 2002 for the following lines of insurance: • Workers Compensation • Commercial Property, including buildings, contents, equipment, and fine arts • Commercial General Liability, including law enforcement, paramedic , and public officials liability • Business Auto • Crime Plan, including employee dishonesty, forgery, and theft On September 19, 2007, as a result of a competitive Request for Proposal (RFP) process, Council approved a three year contract with Preferred Government Insurance Trust for the above lines of insurance. Under the terms of that agreement, the City has the option of renewing each year, subject to negotiation of a mutually agreeable cost adjustment. This is the third and final year of the current contract. Staff has recently held discussions with our agent and representatives from PGIT concerning the renewal for next fiscal year. Limits of liability and deductibles remain the same as the current year. However, the schedule of property and contents has been updated to reflect current asset holdings. The renewal quote for 10/1/09-9/30/10 is $1,200,140, which is 13% below the budget projection of $1,375,952. • MISC / OTHER STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 76, 2009, approving award of the property and casualty insurance program for the period 10/1/2009-9/30/2010 to Preferred Government Insurance Trust. 1 2 3 RESOLUTION 76, 2009 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES 8 FOR PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED 9 INSURANCE FROM PREFERRED GOVERNMENTAL INSURANCE 10 TRUST; AUTHORIZING THE MAYOR TO EXECUTE THE 11 CONTRACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, the City desires to renew these insurance policies for the purpose of 16 providing property and casualty liability coverage; and 17 18 WHEREAS, the City received a renewal quote from Preferred Governmental 19 Insurance Trust for the period from October 1, 2009, through September 30, 2010, 20 attached hereto as Exhibit "A"; and 21 22 WHEREAS, the City Council wishes to renew property and casualty insurance 23 policies from such firm; and 24 25 WHEREAS, the City Council of the City of Palm Beach Gardens deems approval 26 of this Resolution to be in the best interests of the citizens and residents of the City of 27 Palm Beach Gardens. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 34 35 SECTION 2. The City Council hereby awards the renewal of insurance policies 36 for property and casualty liability coverages to Preferred Governmental Insurance Trust, 37 authorizes the Mayor to execute such contract, and authorizes the City Manager to 38 execute any future renewal Addenda. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 47 Resolution 76,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 11 ATTEST: 12 13 14 15 BY: 16 Patricia Snider, CMC, City Clerk 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 BY: 25 R. Max Lohman, City Attorney 26 27 28 29 VOTE: AYE NAY ABSENT 30 31 MAYOR RUSSO 32 33 VICE MAYOR LEVY 34 35 COUNCILMEMBER JABLIN 36 37 COUNCILMEMBER BARNETT 38 39 COUNCILMEMBER PREMUROSO 40 41 42 oe 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\renewal-pgit insurance-reso 76 2009.docx 2 Resolution 76,2009 EXHIBIT "A" PGIT Renewal Quote No.: PK FL1 0502511 09-08 Effective: 10/01/2009 Renewal Quote Expiration Date:10/01/2009 12:00 AM PREFERRED GOVERN MENTAL Renewal Quote Reference Number: 26198 INSURANCE TRUST Portal Reference Number:203049 RENEWAL QUOTE FOR City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Presented by Public Risk Underwriters for: Wells Fargo Ins Services Southeast, Inc 2054 Vista Parkway Suite 400 West Palm Beach, FL 33411-2718 9/14/2009 11:40 AM The brief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 1 Renewal Quote Reference Number:26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens 4-„ Term: 10/01/2009 to 10/01/2010• ' i ' Coverage Provided By: Preferred Governmental Insurance Trust Gr+tl t r;P!LS'Aill i Renewal Quote No.: PK FL1 0502511 09-08 To protect members of the fund from large losses and to protect the financial security of the fund,the Preferred Governmental Insurance Trust(PGIT)board of trustees has elected to purchase an extremely conservative excess of loss insurance structure. We stress PGIT excess of loss structure because an excess structure provides PGIT members several levels of protection that reinsurance does not. Foremost among these is the fact that PGIT's excess of loss policies list every individual member a named insured,giving every member direct access to the insurance company for payment of claims. Reinsurers are only responsible to the trust itself. Therefore, if a trust became financially troubled,there is no guarantee from an insurance company that any individual claim will be paid or even that a reimbursement will go towards the originating claim. PGIT is a non-assessable Trust authorized under Florida Statute and is not rated by AM Best. PGIT is not protected by the Florida Guarantee Association in the event it becomes unable to meet its claims payment oblications. PGIT members are not constrained by notice requirements or punitive run-off claims costs to exit. PGIT is a non-admitted pool in the state of Florida. Q Public Public Risk Underwriters(PRU),as part of Brown&Brown, is one of the premier insurance I I I I I Risk service organizations for public entities in the United States. Our exclusive focus and in-depth understanding of the unique risk exposures and operating environment of the public sector Underwriters allows us to tailor customized products and services to meet our clients'needs. Insurance Solutions pr Yuhhc l.iNiiie� Preferred Governmental Claims Services(PGCS)is dedicated to exclusively serving Florida governmental agencies. PGCS administers and closely controls all claims from start to finish. This team of full-time,licensed adjusters understands federal laws and state statutes governing actions against public entities. A toll-free telephone number is provided to facilitate reporting of claims. Claim Services Compensation Disclosure We appreciate the opportunity to assist with your insurance needs. Information concerning compensation paid to other entities for this placement and related services appears below. Please do not hesitate to contact us if any additional information is required. Our office is owned by Brown&Brown,Inc. Brown&Brown entities operate independently and are not required to utilize other companies owned by Brown&Brown,Inc.,but routinely do so. For the Coverage Term referenced above,your insurance was placed through Preferred Governmental Insurance Trust(PGIT). PGIT is an independent entity formed by Florida public entities through an Interlocal Agreement for the purpose of providing its members with an array of insurance coverages and services. PGIT has contracted with entities owned by Brown&Brown, Inc.to perform various services.As explained below,those Brown&Brown entities are compensated for their services. PGIT has contracted with Public Risk Underwriters(PRU),a company owned by Brown&Brown,Inc.,to administer PGIT's operations. The administrative services provided by PRU to PGIT include: Underwriting/Coverage review/Marketing/Policy Review/Accounting/Issuance of PGIT Coverage Agreements/ PGIT Member Liaison/ Risk Assessment and Control Pursuant to its contract with PGIT, Public Risk Underwriters(PRU)receives an administration fee,based on the size and complexity of the account,of up to 12.0%of the PGIT premiums billed and collected. PGIT has also contracted with Preferred Governmental Claims Solutions(PGCS), a company owned by Brown&Brown,Inc.,for purposes of administering the claims of PGIT members. The services provided by PGCS to PGIT may include: Claims Liaison with Insurance Company/Claims Liaison with PGIT Members/Claims Adjustment The brief description of coverage contained In this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 2 Pursuant to its contract with PGTf,PGCS receives a claims administration fee for those accounts which PGCS services of up to 5%of the non- property portion of the premiums you pay to PGIT. PGIT also utilizes wholesale insurance brokers,some of which(such as Peachtree Special Risk Brokers and MacDuff Underwriters)are owned by Brown&Brown,Inc.,for the placement of PGIT's insurance policies,and for individual risk placements for some PGIT members(excess and surplus lines, professional liability coverage,etc.)The wholesale insurance broker may provide the following services; • Risk Placement • Coverage review • Claims Liaison with Insurance Company • Policy Review • Current Market Intelligence The wholesale insurance broker's compensation is derived from your premium,and is largely dictated by the insurance company.It typically ranges between 10%and 17%of the premiums you pay to PGIT for your coverage.Some wholesale brokers used by Brown to place your coverage may also act as Managing General Agents for various insurance companies, and may be compensated directly by those insurance companies for their services in placing and maintaining coverage with those particular companies. The wholesale insurance brokerage utilized in the placement of your property insurance was Peachtree Special Risk Brokers, which is a company owned by Brown&Brown Inc. Furthermore,any professional liability coverage afforded by the package of insurance you purchased was acquired through Apex Insurance Services, which is also a company owned by Brown&Brown Inc. The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 3 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens ,• Term: 10/01/2009 to 10/01/2010 e179h ;1017,1-4 SIT Coverage Provided By: Preferred Governmental Insurance Trust Renewal Quote No.: PK FL1 0502511 09-08 PROPERTY COVERAGE Building&Contents Limit, per attached schedule $44,201,697 Extensions of Coverage Accounts Receivable $250,000 Additional Expense $250,000 Animals $1,000/$5,000 Loss of Business Income $100,000 Debris Removal $250,000 Demolition, Ordinance and ICC $250,000 Fire Department Charges $25,000 Fungus Cleanup Expense $2,500/$10,000 Lawns, Plants,Trees and Shrubs $25,000 New Locations $1,000,000 Personal Property of Employees $25,000/$50,000 Pollution Cleanup Expense $50,000/$50,000 Recertification $10,000 Service Interruption Coverage $100,000 Transit $250,000 Errors and Omissions $15,000 Vehicle Property Coverage $0 Buildings Under Construction If Shown on Property Schedule Flood Limit-Per Occurrence and Aggregate Not Included Excess of NFIP,(whether purchased or not) Earthquake Limit-Per Occurrence and Aggregate $0 TRIA(Including Inland Marine if applicable) Not Included Boiler&Machinery $44,201,697 Deductibles Per Occurrence Building&Contents and Extensions of Coverage $10,000 Per Occurrence for Named Windstorm 5 % Subject to Minimum of: $25,000 Per Excess Flood $10,000 Per Earthquake $0 The brief description of coverage contained In this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 4 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens Term: 10/01/2009 to 10/01/2010 Coverage Provided By: Preferred Governmental Insurance Trust t,t- S Renewal Quote No.: PK FL1 050251109-08 INLAND MARINE COVERAGE Communication Equipment Not Included Contractor's/Mobile Equipment $1,953,445 Electronic Data Processing Equipment $295,706 Emergency Services Portable Equipment Not Included Fine Arts $879,000 Other Inland Marine Not Included Rented, Borrowed, Leased Equipment $365,000 Valuable Papers $100,000 Watercraft Not Included Inland Marine Deductible Per attached schedule CRIME COVERAGE Coverage Description: Limit Deductible Forgery and Alteration $50,000 $1,000 Theft, Disappearance or Destruction $10,000 $1,000 Computer Fraud $50,000 $1,000 Employee Dishonesty,per loss $50,000 $1,000 GENERAL LIABILITY COVERAGE (Occurrence Basis) Bodily Injury and Property Damage Limit $2,000,000 Personal Injury and Advertising Injury Included Products&Completed Operations Aggregate Limit Included General Aggregate Limit $4,000,000 Employee Benefits Liability Limit, per person (Claims Made) $2,000,000 Employee Benefits Liability Aggregate Limit(Claims Made) $4,000,000 Retroactive Date 10/01/1999 Medical Payments Limit $2,500 Fire Damage Limit $50,000 No Fault Sewer Backup Limit $1,000/$5,000 Herbicide&Pesticide Aggregate Limit $1,000,000 General Liability Deductible $10,000 Payroll(Excluding Police) $25,582,350 Liquor Liability Not Included The brief description of coverage contained In this document Is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 5 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens PGITerm: 10/01/2009 to 10/01/2010 „ Coverage Provided By: Preferred Governmental Insurance Trust I YSURANC. I T Renewal Quote No.: P(K FL1 0502511 09-08 LAW ENFORCEMENT LIABILITY COVERAGE (Occurrence) Law Enforcement Liability Limit: Per Person $1,000,000 Per Occurrence $1,000,000 Aggregate $1,000,000 Law Enforcement Liability Deductible $25,000 #of FT Officers 137 #of PT Officers 0 #of Volunteer Officers 8 PUBLIC OFFICIALS LIABILITY COVERAGE (Claims Made) Public Officials Liability Limit Per Claim $2,000,000 Aggregate $2,000,000 Public Officials Liability Deductible $25,000 Revenue Public Officials Liability Defense Coverage Not Included Payroll $25,582,350 Supp Payments: Pre-termination $2,500 per employee- $5,000 annual aggregate Non-Monetary$10,000 aggregate EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE (Claims Made) Employment Related Practices Liability Limit: Per Claim $1,000,000 Aggregate $1,000,000 Employment Related Practices Liability Deductible $25,000 #of FT Employees 597 #of PT Employees 155 #of Volunteer Employees 8 The brief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 6 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens FGI'T Term: 10/01/2009 to 10/01/2010 • • t u Coverage Provided By: Preferred Governmental Insurance Trust IN ;:, ; ST Renewal Quote No.: PK FL1 0502511 09-08 EXCESS WORKERS' COMPENSATION COVERAGE Part I Worker's Compensation Limit N/A Part II Employers' Liability Limit Bodily Injury by Accident Each Accident N/A Bodily Injury by Disease Agreement Limit N/A Bodily Injury by Disease Each Employee N/A Self Insured Retention The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 7 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens FGITerm: 10/01/2009 to 10/01/2010 ild-RWM BMW:.: Coverage Provided By: Preferred Governmental Insurance Trust I .:, 1 Renewal Quote No.: PK FL1 0502511 09-08 AUTOMOBILE COVERAGE COVERAGE SYMBOL LIMIT DEDUCTIBLE Liability 1 $1,000,000 $50,000 Personal Injury Protection 5 Statutory $0 Added PIP N/A Not Included Auto Medical Payments N/A Not Included Uninsured/Underinsured Motorist N/A Not Included Physical Damage Comprehensive 2,8 Actual cash value or cost of repair, Per attached schedule Coverage whichever is less,minus deductible. Hired Comprehensive limit: $35,000 Physical Damage Collision Coverage 2,8 Actual cash value or cost of repair, Per attached schedule whichever is less,minus deductible. Hired Collision limit: $35,000 AUTOMOBILE SYMBOLS* 1 Any"Auto" 2 Owned"Autos"only 3 Owned private passenger"Autos"only 4 Owned"Autos"other than private passenger"Autos"only 5 Owned"Autos"subject to No-Fault 6 Owned"Autos"subject to a Compulsory Uninsured Motorist Law 7 Scheduled"Autos"only 8 Hired"Autos"only 9 Non-owned"Autos"only *These are abbreviated descriptions. A full description of symbols is included in the coverage agreements The brief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 8 Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens _ - Term: 10/01/2009 to 10/01/2010 OVA 4--j 7,11 44: Coverage Provided By: Preferred Governmental Insurance Trust Renewal Quote No.: PK FL1 0502511 09-08 TOTAL PREMIUM DUE $756,843 Pay Term: PKG-50%Down,25%due at 75 days and 25%due at 166 days First payment of$378,421.50 is due 10/01/2009. Second payment of$189,210.75 is due 12/15/2009 Third payment of$189,210.75 is due 03/16/2010 RENEWAL QUOTATION TERMS & CONDITIONS INCLUDING BUT NOT LIMITED TO 1.AII coverages requested may not be offered in this renewal quote. 2.Renewal quote is subject to review and acceptance by PGIT Board of Trustees 3.The Coverage Agreement shall be 25%minimum earned as of the first day of the"Coverage Period". 4.Total premium is late if not paid in full within 30 days of inception,unless otherwise stated. 5.Deletion of any coverage presented, Package and/or Workers'Compensation, will result in repricing of account. 6.Request to bind must be received in writing via email prior to the effective date of coverage. If request is not received prior to that date there is no coverage and the file is closed. 7.Coverage is not bound until confirmation is received from a licensed representative of Public Risk Underwriters. Additional terms and conditions, including but not limited to: 1) Quote is subject to receipt of the following information by October 30, 2009: a. Signed first page of the PGIT Application (Florida Fraud Statement) b. Initialed and Signed PGIT POL/EPLI Application c. Signed Signature Page d. Signed UM Form e. Latest Audited Financials 2) Public Officials Liability/ Employment Practices Liability Coverage: Optional Non-Monetary increased limit of$100,000 -Additional Premium$7,350 3) Public Officials Ethics Defense Coverage: Should this coverage be required, the POL premium will increase by $3,003 4) Option to pay the Premium on regular Annual Basis(Agency Bill) is also availbale. The brief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 9 AGENCY INFORMATION RECAP Renewal Quote Reference Number: 26198 9/14/2009 11:40 AM Named Covered Party: City of Palm Beach Gardens FGITerm: 10/01/2009 to 10/01/2010 : • • „ _ Coverage Provided By: Preferred Governmental Insurance Trust INSURANCE TR .• Renewal Quote No.: PK FL1 0502511 09-08 PREMIUM BREAKDOWN Property(includes Flood/Boiler&Machinery if applicable) $363,217 Inland Marine $25,341 Crime $1,025 General Liability $73,764 Public Officials Liability $49,000 Public Officials Liability Defense Coverage Not Included Public Officials Increased Non-Monetary Limit Not Included Educators Legal Liability Not Included Employment Practices Liability $24,500 Law Enforcement Liability $81,058 Automobile Liability $70,612 Automobile Physical Damage $68,326 Garage/Garage Keepers Not Included Excess Workers'Compensation Not Included TOTAL PREMIUM DUE $756,843 Commission 9.000% The brief description of coverage contained in this document Is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 10 COVERED PARTY: City of Palm Beach Gardens _A • AGREEMENT NO.: PK FL1 0502511 09-08 0 iTi4 f?Tiri• GrZPL ; �If: AGREEMENT PERIOD: 10/01/2009 To 10/01/2010 YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR FAMILY OR YOU ARE PURCHASING UNINSURED MOTORISTS LIMITS LESS THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM. PLEASE READ CAREFULLY. Uninsured Motorist coverage provides for payment of certain benefits for damages caused by owners or operators of uninsured motor vehicles because of bodily injury or death resulting there from. Such benefits may include payments for certain medical expenses, lost wages,and pain and suffering,subject to limitations and conditions contained in the Coverage Agreement. For the purpose of this coverage, an uninsured motor vehicle may include a motor vehicle as to which the bodily injury limits are less than your damages. Florida law requires that automobile liability coverage agreements include Uninsured Motorist coverage at limits equal to the Bodily Injury limits in your coverage agreement unless you select a lower limit offered by the Trust, or reject Uninsured Motorist entirely. Please indicate whether you desire to entirely reject Uninsured Motorist coverage,or,whether you desire this coverage at limits lower than the Bodily Injury Liability limits of your Coverage Agreement: a. I hereby reject Uninsured Motorist coverage. ❑ b. I hereby select the following Uninsured Motorist limits which are lower than my Bodily Injury Liability Limits: each person(enter limit if applicable): each accident. ❑ c. I hereby select Uninsured Motorist coverage limits equal to my Bodily Injury Liability limits. (If you select this option disregard the bold face statement above.) ELECTION OF NON-STACKED COVERAGE (Do not complete if you have rejected Uninsured Motorist) You have the option to purchase, at a reduced rate, non-stacked(limited)type of Uninsured Motorists coverage. Under this form if injury occurs in a vehicle owned or leased by you or any family member who resides with you,this Coverage Agreement will apply only to the extent of coverage(if any)which applies to that vehicle in this Coverage Agreement. If an injury occurs while occupying someone else's vehicle,or you are struck as a pedestrian, you are entitled to select the highest limits of Uninsured Motorist coverage available on any one vehicle for which you are a Named Covered Party, covered family member,or covered resident of the Named Covered Party's household. This Coverage Agreement will not apply if you select the coverage available under any other Coverage Agreement issued to you or the Coverage Agreement of any other family member who resides with you. If you do not elect to purchase the non-stacked form,your Coverage Agreement limit(s)for each motor vehicle are added together(stacked)for all covered injuries. Thus,your Coverage Agreement limits would automatically change during the Coverage Agreement term if you increase or decrease the number of autos covered under the Coverage Agreement. ❑, I hereby elect the non-stacked form of Uninsured Motorist coverage. I understand and agree that selection of any of the above options applies to my liability Coverage Agreement and future renewals or replacements of such Coverage Agreement which are issued at the same Bodily Injury Liability limits. If I decide to select another option at some future time, I must let the Trust or my agent know in writing. Signed _ (Covered Party) Signed Date: PGIT 398(07 05) (Covered Party) The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 11 PUBLIC ENTITY P; " - o SIGNATURE PAGE ' ': ST Covered Party: City of Palm Beach Gardens Agreement Number: PK FL1 0502511 09-08 Coverage Period: From:10/01/2009 To: 10/01/2010 I hearby confirm that limits/coverages as shown hereunder, corresponding with the Coverage Agreement, are correct: X Property TIV $44,201,697 Buildings&Contents Combined X Inland Marine Not Included Communication Equipment $1,953,445 Contractor's/Mobile Equipment $295,706 Electronic Data Processing Equipment Not Included Emergency Services Portable Equipment $879,000 Fine Arts Not Included Other Inland Marine $365,000 Rented, Borrowed, Leased Equipment $100,000 Valuable Papers Not Included Watercraft X I reject property TRIA(Terrorism Risk Insurance Act)coverage X Automobile 288 #of Units-Auto Liability 288 #of Units-Comprehensive 288 #of Units-Collision X I hereby confirm that I have received a copy of PGIT's Current Interlocal Agreement(effective October 1, 2004) N/A I confirm having read and agreed to the terms as laid out in the attached PGIT Participation Agreement(which also requires a signature) Please remember that a signed copy of the following are also required: • First Page of PGIT application • Uninsured Motorist Rejection/ Election form, if applicable • Professional Liability(POL/ EPLI or ELL/ EPLI)application, if applicable. Signature Title Date Name Please note:Failure to return this signature page could result in cancellation of coverage. The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 12 Reference Number: 26198 k Property Schedule Scheduled Items Effective As of : 09/14/2009 :1tlif:Cr:•� : • c 11:13;1- 111.y City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# _ _.___— _________ —____________ Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering l Covering Replaced I Roof Yr BIt City Hall 2000 10/01/2009 $4,706,160 001 10500 N.Military Trail — ---- -------- $5,891,560 Palm Beach Gardens, FL 33410 10/01/2010 $1,185,400 151 -MFR I Hip Medium (10 to 30) Concrete Tile Emerg.Generator-next to city hall 1998 10/01/2009 $23,616 002 10500 N.Military Trail — --------------- --------------- $23,616 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC Police Station 2000 10/01/2009 $4,984,650 003 10500 N.Military Trail — -- --- ----------- -------- $6,564,150 Palm Beach Gardens, FL 33410 10/01/2010 $1,579,500 151 -MFR Hip Medium (10 to 30) Concrete Tile I Police Sta Parking Area Fencing 2000 10/01/2009 $16,869 004 10500 N.Military Trail ------- --- $16,869 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I I Fire Station#1 2000 10/01/2009 $2,695,070 005 10500 N.Military Trail —-- --------- ----------------------- $2,983,070 Palm Beach Gardens, FL 33410 10/01/2010 $288,000 152 -NC Flat I Low(< 10) I I Storage Museum at Fire Station 1976 10/01/2009 $36,010 006 10500 N.Military Trail -------------------------- $52,210 Palm Beach Gardens, FL 33410 10/01/2010 $16,200 152 -NC I I Fire Training Tower 1979 10/01/2009 $125,800 007 10500 N.Military Trail ------------- - --- $125,800 Palm Beach Gardens, FL 33410 10/01/2010 $0 119-JM I Parks Maint. Complex 2000 10/01/2009 $349,320 008 10500 N.Milit.Trl,E.Side - -- --__------------------ ----- $519,420 Palm Beach Gardens, FL 33410 10/01/2010 $170,100 152 -NC I Hoover 5 hp irrigation pump/Military Tr/Earmin 2006 10/01/2009 $7,000 009 10500 N.Milit.Trl,E.Side -- ------- $7,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift Station I Hoover 5 hp irrigation pump/Military TR/EPB3 2006 10/01/2009 $7,000 010 10500 N.Milit.Trl,E.Side — ---------------------------- $7,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift I Station The brief description of coverage contained In this document Is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 13 Reference Number: 26198 IIIIL _ _• Property Schedule Scheduled Items Effective As of : 09/14/2009 ;1:14.11:4:11:1 . CF91:.r,r�r�;sr. City of Palm Beach Gardens slnrr�;rx�lrn. Y f Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# — ----- — Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt 36 sta map sentinel irrig ctroller/Municipal Complex 2005 10/01/2009 $3,180 011 10500 N. Milit.Trl — — — -- -- — 53,180 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I 12 Sta Satellite Sentinel Irrig Ctrller/Burns Rd West 2006 10/01/2009 $3,420 012 10500 N. Milit.Trl,E.Side — -- $3,421 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC 12 Sta Satellite Sentinel Irrig Ctrller/Military tr/EPB3 2006 10/01/2009 $3,420 013 10500 N.Milit. Trl,E.Side — — — -- $3,421 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC Golf Course Clubhouse 1990 10/01/2009 $353,020 014 11401 Northlake Blvd. — — — $415,220 Palm Beach Gardens, FL 33410 10/01/2010 $62,200 101 - Frame Hip I High (>30) Steel-Standing Seam I I Golf Course Maintenance Bldg. 1990 10/01/2009 $247,730 015 11401 Northlake Blvd. — ---- — $320,730 Palm Beach Gardens, FL 33410 10/01/2010 $73,000 152 - NC I I Gable end with bracing Low(< 10) Steel-Standing Seam Golf Cart Barn 1990 10/01/2009 $230,580 016 11401 Northlake Blvd. --- — -- $240,580 Palm Beach Gardens, FL 33410 10/01/2010 $10,000 152 -NC I Golf Course Pump Station 1990 10/01/2009 $120,000 017 11401 Northlake Blvd. — ---- $120,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift Station I I Golf Course Irrigation Controllers 1990 10/01/2009 $40,000 018 11401 Northlake Blvd. — — --- $40,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 I152 -NC Fire Station#3 2002 10/01/2009 $1,326,580 019 5161 Northlake Blvd -- — ----- - $1,445,880 Palm Beach Gardens, FL 33410 10/01/2010 $119,300 131 - FR Gable end with bracing High(> 30) Concrete Tile Hoover 10 hp Irrigation pump 2006 10/01/2009 $14,000 020 5161 Northlake Blvd — ------ — $14,000, Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift IStation I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 14 Reference Number: 26198 1 ' Property Schedule Scheduled Items Effective As of : 09/14/2009 inlik °'`''` It City of Palm Beach Gardens r,l�l:�;_17af,_ i Y f Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# .-..._ —___— Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr BIt 4-Hoover irrigation pump 2004 10/01/2009 525,000 021 Nlake/I 95 interchange ----- -- — ---- $25,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift IStation I 36 Sta Satellite sentinel irrig ctrllers 2006 10/01/2009 $4,620 022 5161 Northlake Blvd ---------- ----- 54,62 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC Public Works Office 1971 10/01/2009 $470,064 023 3704 Burns Road --- ------ -------- $682,329 Palm Beach Gardens, FL 33410 10/01/2010 $212,265 152 -NC Flat I Low(< 10) I Public Works Garage 1971 10/01/2009 $176,461 024 3704 Burns Road --- ----- ------------------- $210,211 Palm Beach Gardens, FL 33410 10/01/2010 $33,750 152-NC I ITeen Center/ Restrooms 1970 10/01/2009 $64,300 025 Plant Drive Park - — — $78,100 Palm Beach Gardens, FL 33410 10/01/2010 $13,800 119 -JM Storage ft Pressbox 1970 10/01/2009 $23,500 026 Plant Drive Park ----------- ---------------------------- $26,200 Palm Beach Gardens, FL 33410 10/01/2010 $2,700 152-NC I New Rstrms/Concess.By Roller Rk 2000 10/01/2009 $169,670 027 Plant Drive Park -- -------- $169,670 Palm Beach Gardens, FL 33410 10/01/2010 $0 119 -JM . I I Maintenance Building 1970 10/01/2009 $64,300 028 I Plant Drive Park ----- --------- ------ - --- $78,100 Palm Beach Gardens, FL 33410 10/01/2010 $13,800, 119 -JM I I Dugouts(2) 1970 10/01/2009 $32,670 029 Plant Drive Park --- ------ -- ---------- $32,670 Palm Beach Gardens, FL 33410 10/01/2010 $0 119 -JM I I Batting Cage and Storage Bldg. 1970 10/01/2009 $5,190 030 Plant Drive Park — -- ----- -------- $6,490 Palm Beach Gardens, FL 33410 10/01/2010 $1,300 I 119 -JM I 1 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 15 '^ nm�,pncewumuwcza1ro , ^m� 3 ^� � Scheduied Items Effective :vpua �� 09/14/2009 Property Schedule � ",'%-4^`« ^ ��^�� mfPal�� Beach ��ar��ens :''�9�����w� City -' ^ . ' Agreement No.: PK FL1 0502511 09'08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Welts Fargo ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Ef[ Date Building Value umtw -- rmo/mmmuva|ue Address Term Date Contents Value Const Type Roof Shape | nmxpitzx Roof Covering |no Covering Replaced | Roof Yr Bit / / / ' Field Lighting 1970 10/01/2009 $353.250 031 Plant Drive Park ---------� ---- $353.250 Palm Beach Gardens, FL 33410 243 10/01/2010 $0 Electrical . . Equipment | � I Scoreboard 1970 10/01/2009 $].p]* 032 Plant Drive Park -- -------' --- ---' s3.936 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 NC | I | I � � Two Rolle mow/uunvvtsB,cuncuu 1970 10/01/2009 $163.061 033 Plant Drive Park ---- -- - pe8'061 Palm Beac Gardens, FL 33410 10/01/2010 $5,000 /nz NC | I � � Roller Hocke Sports Lighting 2006 m/m $100,000 034 Plant Drive Park ---' $100.000 Palm Beach Gardens, FL 33410 243 10/01/2010| $0 Electrical | | | | Equipment � � � Skate Park Lighting 1970 10/01/2009 $250,000 035 Plant Drive Park --- --' -----'--------- s2:0'000 Palm Beach Gardens, FL 33410 2*3 10/01/2010 $0 Electrical ' Equipment | . I Bleachers(2) 1970 10/01/2009 $11,000 036 Plant Drive Park ------ ----- --- -----' $11,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 FR I I | � � � 12 Station Map Sentie *n«contrxe 2006 10m1/2009 $2,820 037 Plant Drive Park -------- ' s2.820 PaLm Beach Gardens, FL 33410 10/01/2010 $0 131 'FR | | � � Dugouts(2)Additional 2008 10/01/2009 $50,000 038 Plant Drive Park ----- — $50,000 PaLm Beach Gardens, FL 33410 10/01/2010 $0 119 JM . I I i � � Concrete" "`xnee Wall 2008 10/01/2009' $50,000 039 Plant Drive Park — — $50,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 NC I I | � � � Bleachers(3) 2008 10/01/2009 $22'500 040 Plant Drive Park ---- ------- 522,500 Palm Bea h Garden , FL 33410 10/01/2010 SO 152 -NC I I � � The brief provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 16 Reference Number: 26198 PGI T Property Schedule Scheduled Items Effective As of : 09/14/2009 City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# -___________________ ___-_____________ _-___________ Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Bit Backstops& Poles 2008 10/01/2009 $10,000 041 Plant Drive Park - --- - $10,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC Basketball Cout lighting 2006 10/01/2009 $28,000 042 Plant Drive Park -------------------------- -- $28,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR Baseball Field Lighting 1975 10/01/2009 $449,822 043 Burns Rd E.of City Hall — — - --------------------------------- $449,822 Palm Beach Gardens, FL 33410 243- 10/01/2010 $0 Electrical IEquipment I S.Restrom/Conc./Storage/Pressbox 1975 10/01/2009 $104,550 044 Burns Rd E.of City Hall ------- --------------- --- ------ $318,550 Palm Beach Gardens, FL 33410 10/01/2010 $214,000 152-NC - Flat Low(< 10) Steel-Standing Seam I I N. Restroom &Concession 1975 10/01/2009 $104,550 045 Burns Rd E.of City Hall ------- $318,550 Palm Beach Gardens, FL 33410 10/01/2010 $214,000 152 -NC I 3 Pavilions at baseball field 2000 10/01/2009 $30,363 046 Burns Rd E.of City Hall ---------- — $30,363 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC - I 16 Dugouts 2000 10/01/2009 $107,957 047 Burns Rd E.of City Hall --- --------------------------------- $115,957 Palm Beach Gardens, FL 33410 10/01/2010 $8,000 131 -FR Ballfield Fencing 2000 10/01/2009 $202,420 048 Burns Rd E.of City Hall — ---- ---------•------ - $202,420 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC Foul Ball Netting 2000 10/01/2009 $112,455 049 Burns Rd E.of City Hall ------------------------------------------------- $112,455 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I 7 Batting Cages 2000 10/01/2009 $47,231 050 Burns Rd E.of City Hall - - - ------------------------ $47,231 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 17 7.66 Reference Number: 26198 Ilk .11 Property Schedule Scheduled Items Effective As of : 09/14/2009 1: N 1 a_4EJ.a. r`f:11;1:1"'t,Og� City of Palm Beach Gardens rl::�i;x.1r��c:6�tx�; Y f Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit If •— ---- — ---------- Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Bit Scoreboards(8) 2000 10/01/2009 $65,000 051 Burns Rd E.of City Hall — — -- $65,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I IShade Sturctures(16) 2006 10/01/2009 $48,000 052 Burns Rd E.of City Hall — — — ---- $48,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I Bleachers 2000 10/01/2009 $27,000 053 Burns Rd E.of City Hall — - $27,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I Playground Equipment 2000 10/01/2009 $25,000 054 Burns Rd E.of City Hall — — -- -- $25,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I Restroom Facility 2000 10/01/2009 $81,250 055 Burns Rd E.of City Hall — — — $81,250 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I - Soccer Field Lighting 2000 10/01/2009 $900,000 056 Burns Rd E.of City Hall 243 10/01/2010 $0 $900,000 Palm Beach Gardens, FL 33410 Electrical Equipment I Soccer Field Fencing 2000 ' 10/01/2009 $100,000 057 Burns Rd E.of City Hall — — — $100,000 Palm Beach Gardens, FL 33410 243- 10/01/2010 $0 Electrical IEquipment I Soccer Goals 2000 10/01/2009 $25,000 058 Burns Rd E.of City Hall — — ___—______-_--_-_� ______ $25,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I Hoover 5HP submersible irrig pump 2003 ' 10/01/2009 $6,000 059 Burns Rd E.of City Hall — -- — --- — $6,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift IStation I I 36 Sta Satellite sent.l irrig ctrollers 2005 10/01/2009 $4,620 060 Burns Rd E.of City Hall -- — ---- — $4,620 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 18 Reference Number: 26198 ► Property Schedule Scheduled Items Effective As of : 09/14/2009 eti1 ' f ''r, T�; r? y Cit of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent:Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit tJ — — -- ----------- Total Insured Value Address Const Type Term Date `Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Bit Pool Complex Off/Restrooms 1989 10/01/2009 $214,450 061 4404 Burns Road — —— — — — — — $230,050 Palm Beach Gardens, FL 33410 10/01/2010 $15,600' 152-NC I I I Outdoor Pool&Slide 1981 10/01/2009 $335,760 062 4404 Burns Road — — — — -- $335,760 Palm Beach Gardens, FL 33410 223-On 10/01/2010 $0 Ground I Liquid Storage Tank Outdoor Splash Playgrd 2005 10/01/2009 $350,000 063 4404 Burns Road — --- — — -------- $350,000 Palm Beach Gardens,FL 33410 10/01/2010 $0 152-NC 1 Pool Equipment Bldg. &Lighting 2004 10/01/2009 $208,400 064 4404 Burns Road -- — -- -- -- — $353,400 Palm Beach Gardens, FL 33410 10/01/2010 $145,000 152-NC I I Competition Pool 2005 10/01/2009 $335,200 065 4404 Burns Road — ---- - -- --- $335,200 Palm Beach Gardens, FL 33410 -223 On 10/01/2010 $0 Ground Liquid I Storage Tank Pool Cplex Shade Struct.&Fencing 2005 10/01/2009 $80,000 066 4404 Burns Road — -- — — --- $80,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC _ I Community Center 1981 10/01/2009 $4,386,790 067 4404 Burns Road ----------- -------- $5,061,190 Palm Beach Gardens, FL 33410 10/01/2010 $674,400' 152-NC Flat I Low(< 10) I 'Fitness Equipment 2006 l 10/01/2009 $3,0001 068 4404 Burns Road ---- — ----- $3,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I '12 Sta Satellite Sentinel Irrig Ctrlter/Riverside Youth 2005 • 10/01/2009 $3,420 urns Road __ $3,420 069 Burns Road West -------------------- ---------- - Palm Beach Gardens, FL 33410 10/01/2010 $0 I152-NC First Aid Building/ Recreation Center 1971 10/01/2009 $20,310 070 4404 Burns Road — — -- — $22,110 Palm Beach Gardens, FL 33410 10/01/2010 $1,800 119 -JM I I I The brief description of coverage contained in this document Is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 19 Reference Number: 26198 Scheduled Items Effective As of : 09/14/2009 PG I T Property Schedule c rii:r�' :. City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# ------------------------- -------- Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr BIt Office,Restroom&Storage 1985 10/01/2009 $193,080 071 Ryder Cup Blvd&N.Lke Blvd. — ---- $193,080 Palm Beach Gardens, FL 33410 10/01/2010 50 152-NC Hip I Medium (10 to 30) Asphalt Shingle I I Picnic Shelters-2 1986 10/01/2009 $16,531 072 Ryder Cup Blvd&N.Lke Blvd. -- — — $16,531 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I Storage and Announcers Stand 1984 10/01/2009 $19,800 073 Ryder Cup Blvd&N.Lke Blvd. — - -- $22,5 Palm Beach Gardens, FL 33410 10/01/2010 $2,700 152 -NC I I I Tennis Crts;Ballfield&Bketball Lighng 1984 10/01/2009 $500,000 074 Ryder Cup Blvd&N.Lke Blvd. — ----- — - $500,000 Palm Beach Gardens, FL 33410 10/01/2010 50 152-NC I I Ballfield Scoreboards -2 1984 10/01/20091 $7,872 075 Ryder Cup Blvd&N.Lke Blvd. --- — -- -- — $7,872 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I I I Tennis Courts&Ballfield Fencing 1984 10/01/2009 $11,246 076 Ryder Cup Blvd&N.Lke Blvd. -- _—____—__ __.___-_._— $11,246 Palm Beach Gardens, FL 33410 10/01/2010 $0, 152-NC I I Irrigation Well, Pump, &Ctrl Panel 1985 10/01/2009 50 077 Ryder Cup Blvd&N.Lke Blvd. -------- — $30,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $30,000 Pump/Lift IStation I Playground Equipment 2000 10/01/2009 $75,000 078 Ryder Cup Blvd&N.Lke Blvd. — --- $75,000 Palm Beach Gardens, FL 33410 10/01/2010 SO 152 -NC I Goals/Equipment 2000 10/01/2009 $15,000 079 Ryder Cup Blvd&N.Lke Blvd. $15,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I Fire Station#2 1987 10/01/2009 $729,660 080 Campus Dr&RCA Blvd. -- -- $810,860 Palm Beach Gardens, FL 33410 10/01/2010 $81,200 152 -NC Flat Low(< 10) I I The brief description of coverage contained In this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 20 Reference Number: 26198 ID Property Schedule A Az Scheduled Items Effective As of : 09/14/2009 _ • , ffa1;` 1' City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# ---— Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt 12 Sta Satellite Sentinel Irrig Ctrller 2006 10/01/2009 $3,420 081 Campus Dr&RCA Blvd. -- $3,420 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I Emerg. Generator 1987 10/01/2009 $15,351 082 Campus Dr&RCA Blvd. --- — -- — $15,351 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I Fire Station#4 2002 10/01/2009 $1,326,580 • 083 11264 Jog Road ---------- $1,445,880 Palm Beach Gardens, FL 33410 10/01/2010 $119,300 152 -NC Hip Medium (10 to 30) Concrete Tile I I 12 Sta Satellite Sentinel Irrig Ctrller 2006 10/01/2009 $2,820 084 11264 Jog Road --- $2,820 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I Recreation Center 1968 10/01/2009 $1,520,410 085 10170 Riverside Drive — ---- $1,630,410 Palm Beach Gardens, FL 33410 10/01/2010 $110,000 152 -NC Flat Low(< 10) I Concession Stand/Restroom 1991 10/01/2009 $392,690 086 E.MacArthur Blvd. — ---------------- $444,690 Palm Beach Gardens, FL 33410 10/01/2010 $52,000 152 -NC I . Hip Medium (10 to 30) Steel-Standing Seam 16 Dugouts 1991 10/01/2009 $75,000 087 E.MacArthur Blvd. ---------------- ----- $75,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR Metal Storage Bldgs-2 1991 10/01/2009 $32,740 088 E MacArthur Blvd. ------ — ------ $52,540 Palm Beach Gardens, FL 33410 10/01/2010 $19,800 152 -NC I Scoreboards-4 1991 10/01/2009 $32,000 089 E.MacArthur Blvd. — — — $32,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC _ I Ballfield Fencing 1991 10/01/2009 $260,000 090 E.MacArthur Blvd. -- - ______________—__-_. $260,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I - The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 21 Reference Number: 26198 siri _b Property Schedule Scheduled Items Effective As of : 09/14/2009 `�'r 1'''';rn)ri,g�f: City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# ---------------------- - Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr BIt Restroom Facility 2004 10/01/2009 $109,550 091 E.MacArthur Blvd. --- — $109,550 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC i Field Sportslighting 1991 10/01/2009 $400,000 092 E.MacArthur Blvd. •— -- --- $400,000 Palm Beach Gardens, FL 33410 243- 10/01/2010 $0 Electrical IEquipment I Shade Sturctures(6) 2006 10/01/2009 $50,000 093 E.MacArthur Blvd. --- — --- $50,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I I Playground Equipment 2006 10/01/2009 $90,000 094 E.MacArthur Blvd. ---- $90,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I - Batting Cages/Practice Area 2006 10/01/2009 $75,000 095 E.MacArthur Blvd. — — $75,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I I Hoover 15 hp turbine irrg pump/with 5HP Jockey 2006 10/01/2009 $25,000 096 E.MacArthur Blvd. — --- ---- — -- $25,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR I I 36 Sta Satellite Sports Complex 2004 10/01/2009 $4,620 097 E.MacArthur Blvd. — — — $4,620 Palm Beach Gardens, FL 33410 10/01/2010 $0 I152 -NC I I 12 Sta Map Sentiel brig Ctroller 2006 10/01/2009 $2,820 098 E.MacArthur Blvd. —— —— -- — -- — — — $2,820 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I Tennis Center Clubhouse/Office 1998 10/01/2009 $250,930 099 5110 117th Court N — — — $276,530 Palm Beach Gardens, FL 33410 10/01/2010 $25,600 119-JM I I Tennis Crts - 13,w/fencing, lighng 1998 10/01/2009 $400,000 100 5110 117th Court N — — — — — — $400,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR I IThe brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 22 Reference Number: 26198 PGliT Property Schedule Scheduled Items Effective As of : 09/14/2009 HIi 1 ;r 1'c `T City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# •—_____ Total Insured Value Address ConstType Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt Maintenance Building 1998 10/01/2009 $11,530 101 5110 117th Court N ------ -- — $21,530 Palm Beach Gardens, FL 33410 10/01/2010 $10,000 119 -JM Repeater Tower 1997 10/01/2009 $150,000 102 Hood Road — -- -- $361,000 Palm Beach Gardens, FL 33410 236- 10/01/2010 $211,000 Broadcast - Towers I I Mirasol Park-Recreation Bldng 2003 10/01/2009 $272,090 103 12385 Jog Road -- — - $313,190 Palm Becah Gardens, FL 33410 10/01/2010 $41,100, 119 -JM I I Concession/Rest room/Storage 2003 10/01/2009 $209,340 104 12385 Jog Road --------------------------------- $234,340 Palm Becah Gardens, FL 33410 10/01/2010 $25,000 119 -JM I IElectric Scoreboard 2003 10/01/2009 $33,737 105 12385 Jog Road -- -- $0 $33,737 Palm Becah Gardens, FL 33410 243- 10/01/2010 Electrical IEquipment I Field Lighting 2003 10/01/2009 $481,309 106 12385 Jog Road -- ------ — ---- $481,309 Palm Becah Gardens, FL 33410 —243- 10/01/2010 $0 Electrical IEquipment I Picnic Pavilions-2 2003 10/01/2009 $105,300 107 12385 Jog Road ----- ----------- $105,300 Palm Becah Gardens, FL 33410 10/01/2010 $0 119 -JM I IFencing 2003 10/01/2009 $84,342 108 12385 Jog Road — -- --- --- - ----- $84,342 Palm Becah Gardens, FL 33410 10/01/2010 $0 152-NC Bleachers 2003 10/01/2009 $7,500 109 12385 Jog Road --- ------•--- ----- $7,500 Palm Becah Gardens, FL 33410 10/01/2010 $0 152 -NC I I Dugouts(2) 2003 10/01/2009 $11,246 110 12385 Jog Road --- ---- ------- --- --- $11,246 Palm Becah Gardens, FL 33410 10/01/2010 $0 119-JM I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 23 Reference Number: 26198 ID 1:r.1 Jr let_• Property Schedule Scheduled Items Effective As of : 09/14/2009 EFIT r1�"''"t`i"- City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# —_______.___ Total Insured Value Address Const Type _Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr BIt Playground Equipment 2003 10/01/2009 $5,623 111 12385 Jog Road -- --- $5,623 Palm Becah Gardens, FL 33410 10/01/2010 $0 152 -NC Football Goals 2003 10/01/2009 $4,990 112 12385 Jog Road -- — -- --- $4,990 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I 36 Sta Satellite sentinel irrig ctrllers 2006 10/01/2009 $4,620 113 12385 Jog Road -- — - — — — — — — $4,620 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I I Fire Station#5 2004 10/01/2009 $1,326,580 114 3913 Hood Rd — — — $1,445,880 Palm Beach Gardens, FL 33410 10/01/2010 $119,300 119-JM I I Hip Medium(10 to 30) Concrete Tile Hoover 5 hp submersible irrig pump 2004 10/01/2009 $6,000 115 3913 Hood Rd — — — — $6,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 131 -FR I I Lakeside Community Center 1970 10/01/2009 $424,260 116 10410 N. Military Trail ----- -- ------ $477,460 Palm Beach Gardens, FL 33410 10/01/2010 $53,200 152 -NC Flat I Low(< 10) I I Lakeside Comm.Ctr.Lighng&Shelters 1985 10/01/2009 $80,000 117 10410 N. Military Trail — — —— ------- - $80,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I - Hoover 20 HP w/5hp jockey irrig pmp 2006 10/01/2009 $25,000 118 10410 N. Military Trail — — — — — $25,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 I131 -FR I I 24 Sta Map Sentiel Irrig Ctrller 2006 10/01/2009 $4,020 119 10410 N. Military Trail — — — --- $4,020 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I I I Bus Shelters 1985 10/01/2009 $57,480 120 Various Loc. -- --- — -- — $57,480 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 24 Reference Number: 26198 PGIt Property Schedule Scheduled Items Effective As of : 09/14/2009 ," = City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# -- Total Insured Value Address Const Type Term Date Contents Value Roof Shape 1 Roof Pitch Roof Covering I Covering Replaced I Roof Yr Bit Restroom Facility 2004 10/01/2009 $110,000 121 5110 11th Court, N. — ---- --• $125,000 ---------------- --- Palm Beach Gardens, FL 33410 10/01/2010 $15,000 152-NC I Lighting&Equipment 2004 10/01/2009 $0 122 5110 11th Court, N. --- — $60,000 Palm Beach Gardens, FL 33410 10/01/2010 $60,000 152 -NC I I Playground Equipment& Shade Structure 2004 10/01/2009 $100,000 123 5110 11th Court, N. — — -- — — $100,000 Palm Beach Gardens, FL 33410 10/01/2010 50 152-NC I I Picnic Pavilion 2006 10/01/2009 $30,000 124 5110 11th Court, N. -- — ------- $30,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 I152 -NC I , Basketball Courts Equipment 2006 10/01/2009 $50,000 125 5110 11th Court, N. — — - — — — — $50,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC Handball Courts(2)& Racquet Ball Cts(4) 2006 10/01/2009 $40,000 126 5110 11th Court, N. --- -- — — $40,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I Batters's Eye 2006 10/01/2009 $27,500 127 4175 Lilac Street --- --- --- $27,500 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I Fencing/Windscreens 2006 10/01/2009 $70,000 128 4175 Lilac Street -- ---------------- -------•_..-._—_-_---.---_.-- $70,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I I Restroom/Storage Building 2006 10/01/2009 $110,610 129 4175 Lilac Street -- $124,210 Palm Beach Gardens, FL 33410 10/01/2010 $13,600 152 -NC I 1 Scoreboard 2006 10/01/2009 $12,000 130 4175 Lilac Street ---------------- ------- $12,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 25 Reference Number: 26198 • IProperty Schedule Scheduled Items Effective As of : 09/14/2009 `'ia ��al -li City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date I Building Value Unit# ---_-__ _. ------- Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt (2) Dougouts/Storge Bldgs@$17,500 2006 10/01/2009 $40,880 131 4175 Lilac Street — ----- — — $40,880 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I Sportslighting 2006 10/01/2009 $375,000 132 4175 Lilac Street $375,000 - 10!01/2010 $0 Palm Beach Gardens, FL 33410 Electrical Equipment Park Irrigation& 15hp pump 2006 10/01/2009 $110,000 133 4175 Lilac Street — -- - — - $110,000 Palm Beach Gardens, FL 33410 10/01/2010 SO 131 -FR (5) Bleachers 2006 10/01/2009 $20,000 134 4175 Lilac Street — -- ---- -- $20,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC - I I Hoover 15HP submersible irrig pmp 2004 10/01/2009 $12,000 135 4175 Lilac Street $12,000 10/01/2010 $0 Palm Beach Gardens, FL 33410 Pump/Lift - Station I I 24 Sta Map Sentiel Irrig Ctroller 2006 10/01/2009 $3,000 136 4175 Lilac Street $3,000 10101/2010 $0 Palm Beach Gardens, FL 33410 152-NC I Playgrd,fitness&dog pk equip 2006 10/01/2009 $75,000 137 4175 Lilac Street - $75,000 Palm Beach Gardens, FL 33410 ----- --------10/01/2010 $0 152 -NC I I Pavilion 2006 10/01/2009 $25,850 138 4175 Lilac Street — — - -- $25,850 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I Shade Structure(2) 2006 10/01/2009 $25,000 139 4175 Lilac Street — -- -- ---- $25,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I Pavilion 2006 10/01/2009 $117,580 140 10666 Gardens E Dr ----- - -- — — $117,580 Palm Beach Gardens, FL 33410 10/01/2010 $0 I I I 101 - Frame - The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 26 Reference Number: 26198 1, . • _a Property Schedule Scheduled Items Effective As of : 09/14/2009 ,r .ra.yst City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit# Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt Tennis Lighting 2006 10/01/2009 $40,000 141 10666 Gardens E Dr ---------- $40,000 Palm Beach Gardens, FL 33410 243- 10/01/2010 $0 Electrical I Equipment I Tennis Courts 2006 10/01/2009 $50,000 142 10666 Gardens E Dr — — - $50,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I I Playground Equipment 2006 10/01/2009 $100,000 143 10666 Gardens E Dr --- --------------------- -- $100,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I 24 Sta Map Sentiel Irrig Ctroller 2006 10/01/2009 $3,000 144 10666 Gardens E Dr —___ -- __- $3000 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC 12 Sta Satellite Sentinel Irrig Ctroller 2006 10/01/2009 $3,420 145 10666 Gardens E Dr ---- ---- - ____—_— $3,420 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I Bridge(ilex) 2006 10/01/2009 $33,910 146 TBD — — ------------- $33,910 Palm Beach Gardens, FL 33410 10/01/2010 $0 101 - Frame I I Hoover 7.5 HP Irrigation pump 2005 10/01/2009 $14,000 147 Holly Drive — --- — — $0 $14,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 Pump/Lift Station I 24 Sta Satellite Sentiel Irrig Ctroller 2005 10/01/2009 $4,020 148 Holly Drive ---- ----- $4,020 Palm Beach Gardens, FL 33410 10/01/2010 $0 I152 -NC I I 2-Hover 25 hp w/10 hp jckey irrig pmp 2004 10/01/2009' $80,000 149 PGA Blvd. —-- — — — — $80,000 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift Station I I 24 Sta Satellite Sentiel Irrig Ctrller 2006 10/01/2009 $4,020 150 PGA Blvd.West — — — — — $4,020 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I a I I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 27 Reference Number: 26198 ' Property Schedule Scheduled Items Effective As of : 09/14/2009 :ia_taa:za • ct<,,,a,?7ra;;f_ City of Palm Beach Gardens r.��1;�:1ra-�ir;7� Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value Unit N ------------ -- ---- Total Insured Value Address Const Type Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Bit 12 Sta Satellite Sentinel Irrig Ctrller 2005 10/01/2009 $3,420 151 Riverside --- ---- -- $3,420 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I 12 Sta Satellite Sentinel Irrig Ctrller 2006 10/01/2009 $2,820 152 Riverside $2,820 --- 10/01/2010 ------- $0 Palm Beach Gardens, FL 33410 152 -NC - I 48 Sta Map Sentiel Irrig Ctroller 2005 10/01/2009 $3,360 153 Gardens Park ---- — ----- - $3,360 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I I 12 Sta Map Sentiel Irrig Ctroller 2006 10/01/2009 $2,820 154 Allamanda Road $2,820 10/01/2010 — $0 Palm Beach Gardens, FL 33410 152 -NC I I , I 12 Sta Map Sentiel Irrig Ctroller 2006 l 10/01/2009 $2,820 155 TBD — — — — $2,820 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I 12 Sta Satellite Sentinel Irrig Ctrller 2006 10/01/2009 $3,420 156 TBD — -- $3,420 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC - I Golf Course Bridge 2006 10/01/2009 $198,200 157 11401 Northlake Blvd — — — $198,200 Palm Beach Gardens, FL 33410 10/01/2010 $0 202-Bridges I Riverside Playground 2007 10/01/2009 $45,000 158 E.MacArthur Blvd ---- -- — — — $45,000 Palm Beach Gardens, FL 33410 10/01/2010 SO 152 -NC Walk Path Bridge 2005 10/01/2009 $75,000 159 4404 Burns Road Walking Trail --- — - $75,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 I 202-Bridges I I Restroom Facility 2007 10/01/2009 $53,460 160 8175 PGA Blvd ----- --- $53,460 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I 1 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 28 Reference Number: 26198 Illik'"'J Property Schedule Scheduled Items Effective As of : 09/14/2009 0;1,14 A;VI Til;Jit_ r tiv3;r.3tsiiiiii City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Description Year Built Eff. Date Building Value , Unit# .--- ------___ Total Insured Value Address Term Date Contents Value Const Type Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr Blt Overlook Deck 2007 10/01/2009 $13,490 161 8175 PGA Blvd ------ —_-- -- —__ $13,490 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I Fishing Pier Boat Ramp 2007 10/01/2009 $17,290 162 8175 PGA Blvd --- ----_—_-- -------------______ $17,29 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC 2007 -- 234 I I Lighting&Equpment 10/01/2009 $50,000 163 8175 PGA Blvd $50,000 Palm Beach Gardens, FL 33410 10/01/2010 $0 Electrical Transmission I Tower Educational Signs 2007 10/01/2009 $15,000 164 8175 PGA Blvd — — $15,000 --------------------- Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I I 24 Sta. Satellite Sentiel Irr. Cntrlr 2007 10/01/2009 $4,220 165 5110 117th Court North ---- ----------------- $4,220 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC _ I 24 Station Satellite Sentiel Irrigation Controller 2007 10/01/2009 $4,220 166 3913 Hood Road — —,--— — — —— -- $4,220 Palm Beach Gardens, FL 33410 10/01/2010 SO 152 -NC 12 Station Satellite Sentinel Irrigaton Controller 2007 10/01/2009 $3,600 167 Alt A1A& Lighthouse Drive --------- --------_- $3,600 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC -- . I I 12 Station Satellite Sentinel Irrigaton Controller 2007 10/01/2009 $3,600 168 Alt A1A& Lighthouse — ---- $3,600 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 - NC I 48 Station Sentiel Irrigation Controller 2007 10/01/2009 $5,400 169 Ryder Cup Blvd. & N. Lake Blvd. — ------------------------_-_-- $5,400 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I I 36 Station Satellite sentinel irrigation controllers 2007 10/01/2009 $4,850 170 PGA Blvd Flyover ---------------— -- -- $4,850 Palm Beach Gardens, FL 33410 10/01/2010 $0 152 -NC I The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 29 rReference Number: 26198 PG1 r Property Schedule Scheduled Items Effective As of : 09/14/2009 rrr ,;c ,,; sT City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Description Year Built Eff. Date 7 Building Value Unit# -- - -•- ---- ----- — — Total Insured Value Address Const Type^ Term Date Contents Value Roof Shape I Roof Pitch Roof Covering I Covering Replaced I Roof Yr BIt (4) 12 Station Satellite Irrigation Controls(2960.00 ea.) 2007 10/01/2009 $11,840 ------------ 171 PGA Blvd Flyover $11,840 Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I 1 Hoover 10 hp Irrigation submersible pump 2007 10/01/2009 $10,000 172 5110 117th Court North - - $10,008 Palm Beach Gardens, FL 33410 251 - 10/01/2010 $0 Pump/Lift IStation Hoover 20 hp Pump w/ 5 HP Jockey 2007 10/01/2009 $34,000 173 Ryder Cup Blvd. & $34,8•1 N. Lake Blvd 251 - 10/01/2010 $0 Palm Beach Gardens, FL 33410 Pump/Lift IStation 12 Station Satellite Sentinel Irrigaton Controller 2007 10/01/2009 53,600 174 Military Trial&Ermin Canal --- - - $3,600 --- -------------- Palm Beach Gardens, FL 33410 10/01/2010 $0 152-NC I I PW Maintenance BUilding 2007 10/01/2009 $167,860 175 3704 Burns Road $201,160 $33,300 Palm Beach Gardens, FL 33410 152-NC I A Flat Low(< 10) Steel-Standing Seam I Total: $38,120,482 I $6,081,215 $44,201,697 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 30 Reference Number: 26198 Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 aziTA:iii1111k. al cr_iti:J;,r s-,11i City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast, Inc(West Palm Beach,FL) Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 001 Ford 6610 Special w/Tiger Boom Mower Yellow Contractor's/Mobile 10/01/2009 Equipment 10701 72010 $40,000 $5,000 002 JCB Combination Loader Backhoe JCB North American Contractor's/Mobile 10/01/2009 Yellow Equipment 10/01/2010 $45,000 $5,000 003 Kubota Trencher&Loader Orange Contractor's/Mobile 10/01/2009 $24,000 $5,000 Equipment 10/01/2010 004 644G John Deere Loader Contractor's/Mobile 10/01/2009 $128,350 $5,000 Equipment 10/01/2010 005 416C Caterpillar Backhoe/Loader Contractor's/Mobile 10/01/2009 $60,000 $5,00C Equipment 10/01/22010 006 CNG Station Contractor's/Mobile 10/01/2009 $206,516 $5,000 Equipment 1070172010 007 John Deere Wide Area Mower(1) Contractor's/Mobile 10/01/2009 $45,000 $5,000 Equipment 10/01/2010 008 Ford 4630 Tractor(1) Contractor's/Mobile 10/01/2009 $15,000 $5,00C Equipment 10%01/2010 009 Bobcat Front End Loader/Fork Lift(1) Contractor's/Mobile 10/01/2009 $15,000 $5,000 Equipment 10/01/2010 010 Pump-Gardens Park/NE Corner Burns Rd.Pkg.Pump Contractor's/Mobile 10/01/2009 Station Equipment 10%01/2010 $125,000 $5,000 011 Pump-Golf Course 25,50 HP&50 PP Contractor's/Mobile 10/01/2009 $50,000 $5,000 Equipment 10/01/2010 012 Groundmaster(Rough Mower) Contractor's/Mobile 10/01/2009 $15,000 $5,000 Equipment 10/01/2010 013 Fairway Mower Contractor's/Mobile 10/01/2009 $35,000 $5,000 Equipment 10/01/2010 014 Tractor Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $22,000 $5,000 015 40 HP Diesel Tractor Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $18,000 $5,000 016 Rayco Stump Grinder Yellow Contractor's/Mobile 10/01/2009 $10,500 $5,000 Equipment 10/01/2010 017 Bush Hog Model 278 Contractor's/Mobile 10/01/2009 $3,000 $5,000 Equipment 10/01/2010 018 Bush Hog Model 278 Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $3,000 $5,000 019 Walk Behind Street Saw Target PAC-3 Lt.blue Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $1,569 $5,00C 020 Claw 340B Ford Contractor's/Mobile 10/01/2009 $9,662 $5,000 Equipment 10/01/2010 021 Ryan 18"H.D.Sod Cutter Contractor's/Mobile 10/01/2009 $5,568 $5,000 Equipment 10/01/2010 022 Ryan 18"H.D.Sod Cutter Contractor's/Mobile 10/01/2009 $5,568 $5,00c Equipment 10/01/2010 023 Clarke Grizzly Pesticide Application Equipment-Ryan Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $7,460 $5,00C 024 Clarke Grizzly Pesticide Application Equipment-Ryan Contractor's/Mobile 10/01/2009 Equipment 10/0122010 $7,460 $S,OOC 025 Clarke Grizzly Pesticide Application Equipment-Ryan-New Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $10,000 $5,000 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 31 Reference Number: 26198 PGI T Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 _ t • ri City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast, Inc(West Palm Beach,FL) Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 026 Utility Vehicles (5 x&$7,000 Each) Contractor's/Mobile 10/01/2009 $35,000 $5,000 Equipment -11)-/01/2010 027 Cushman Groom Master Field Dragger(1 X$7,000 ea) Contractor's/Mobile 10/01/2009 $7,000 $5,000 Equipment 10%01/22010 028 John Deere Z-Trac Mower(5 X$8,000 each) Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $40,000 $5,000 029 Club Gas Golf Cart(1) Contractor's/Mobile 10/01/2009 $6,000 $5,000 Equipment 10/01%2010 030 Service Court Groomer for Tennis(1) Contractor's/Mobile 10/01/2009 $7,500 $5,000 Equipment 10/01/2010 031 Toro 325-D Mower(1) Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $12,000 $5,000 032 John Deere 5200 Tractor(1) Contractor's/Mobile 10/01/2009 $13,500 $5,000 Equipment 10%01 72010 033 John Deere 5210 Tractor(1) Contractor's/Mobile 10/01/2009 Equipment 10%01/2010 $13,600 $5,000 034 Club Cars-(2) Contractor's/Mobile 10/01/2009 $8,600 $S,OOC Equipment '10/0i-72157d 035 Club Golf Carts(80 x$3,500 each) Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $280,000 55,000 036 Beverage Cart(1) Contractor's/Mobile 10/01/2009 $4,000 $5,000 Equipment 10/01/2010 037 Pump-PGA Nat'l.20&5HP Model 02036ES&02036ES Contractor's/Mobile 10/01/2009 $10,000 $5,000 Equipment 10701%2010 038 Pump-PGA Nat'l.7-1/2 HP Model 90107T0 Submersible Contractor's/Mobile 10/01/2009 56,000 $5,000 Equipment 10%01%2010 039 Pump-Tennis Center 10 HP Model 01036ES36215 Pkg Contractor's/Mobile 10/0_1,!2009 Pump Station Equipment 10/01/201-0- $10,000 $5,000 040 Pump-Lakeside 10 HP Model 5BF11135 Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $2,500 $5,00C 041 Pump-Lake Catherine 15 HP Model ORD 18F(Turbine) Contractor's/Mobile 10/01/2009 $5,000 $5,000 Equipment 10%01%2010 042 Pump-Plant Drive 15 HP Submersible Pump Contractor's/Mobile 10/01/2009 $7,500 $5,00C Equipment T67-01/2010 043 Pump-Oaks Park 7-1/2 HP Submersible pump Contractor's/Mobile 10/01/2009 Equipment 10%01%2010 $6,000 $5,000 044 Pump-Golf Course 10 HP Submersible(2)Lake Fill Contractor's/Mobile 10/01/2009 $10,000 $5,000 Equipment 10/01/2010 045 Greens Mower Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $13,000 $5,000 046 Turf Truck(Utility Cart) Contractor's/Mobile 10/01/2009 Equipment 10%01%2010 $11,000 $5,000 047 Sand Pro w/Rake(Riding Trap Rake) Contractor's/Mobile 10/01/2009 Equipment TO%01//2010 $8,000 $5,000 048 Carryall Utility(Utility Cart) Contractor's/Mobile 10/01/2009 $7,500 $5,000 Equipment 10/01/2010 049 Greensmower- 11 Contractor's/Mobile 10/01/2009 Equipment 10%01/2010 $13,000 $S,OOC 050 Greensmower-8 Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $13,000 $5,000 - The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 32 Reference Number: 26198 lEt .. Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 m,;rt:c°li iii killaiNiitfig=i City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast, Inc(West Palm Beach,FL) Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 051 Greensmower- 11 Contractor's/Mobile 10/01/2009 $13,000 $5,000 Equipment 10/01/2010 052 Gas Powered Club Car Golf Cart Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 58000 $5,00C 053 Gas Powered Club Car Golf Cart Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $8,000 $5,00C 054 Cushman Truckster Utility Cart Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $4,000 $5,000 055 160 Gallon Sprayer Spray Rig Contractor's/Mobile 10/01/2009 Equipment 10/0172010 $6,000 $5,000 056 Carry All II Utility Cart Contractor's/Mobile 10/01/2009 $2,000 $5,00C Equipment 10/01%2010 057 Toro Groundmaster 325D(Rough Mower) Contractor's/Mobile 10/01/2009 $4,500 $5,000 Equipment 1 07 01/2010 058 Ransome T-plex 185D(Rough Mower) Contractor's!Mobile 10/01/2009 $2,000 $5,000 Equipment 1 0701/2010 059 Ransome 72 Contractor's/Mobile 10/01/2009 $3,000 $5,000 Equipment 10/01/2010 060 2001 Ransomes G-Plex Contractor's/Mobile 10/01/2009 $3,000 $5,000 Equipment 10/01/2010 061 2000 Ransomes Cushman Trackster Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $4,500 $5,000 062 2004 Tiger(John Deere)Slope Mower Contractor's/Mobile 10/01/2009 $79,545 $5,000 Equipment 10/01/2010 063 2005 Holland Skid-Steer Loader/Bucket Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $29,975 $5,000 064 8"Trash Pump Contractor's/Mobile 10/01/2009 $20,000 $5,00C Equipment 10/01/2010 065 Toro 160 Gallon Sprayer Contractor's/Mobile 10/01/2009 $8,500 $5,00C Equipment 10/01/2010 066 Leased Golf Maintenance Equipment Contractor's/Mobile 10/01/2009 $150,000 $5,000 Equipment 10/01/2010 067 Grizzly Mosquito Fogger Model:ULV Contractor's/Mobile 10/01/2009 $9,500 $5,000 Equipment 10/01/2010 068 Grizzly Mosquito Sprayer Model:OHV Smart Flow Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $9,500 $5,000 069 Clarke Mosquito Sprayer Model:Grizzly Contractor's/Mobile 10/01/2009 $9,500 $5,000 Equipment 10/01/2010 070 Gilbertti Incorp Special Response Cart Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $19,500 $5,000 071 Glbertti lncorp Special Response Cart Contractor's/Mobile 10/01/2009 $19,500 $5,000 Equipment 10/01/2010 072 2005 New Holland 185.6 Skid Steer Loader Contractor's/Mobile 10/01/2009 Equipment 10/01/2010 $26,900 $5,000 073 Bradco 609 Backhoe w/attachments Contractor's/Mobile 10/01/2009 $7,600 $5,000 Equipment 10/01/2010 074 Tree Boom Contractor's/Mobile 10/01/2009 $600 $5,000 Equipment 10/01/2010 075 Pallet Forks Contractor's/Mobile 10/01/2009 $600 $5,000 Equipment 10/01/2010 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 33 Reference Number: 26198 aria iii•IL T Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 1■1:111alrta i City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast,Inc(West Palm Beach,FL) - Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 076 Vicon PS403 Pendulum Spreader Contractor's/Mobile 10/01/2009 Equipment 10/01%2010 $3,000 $5,000 077 Model T180C Super Quiet Series Generator-Trailer Contractor's/Mobile 10/01/2009 Mounted Equipment 10/01/2010 $43,872 $5,00C 078 CISCO 24 PORT 2924 CITY HALL SWITCH Electronic Data Processing 10/01/2009 $1,070 $5,000 Equipment '10/01/2010 079 CISCO 24 PORT 2960 CITY HALL SWITCH Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $855 $5,000 080 2500 WATCHGUARD FIREWALL Asset#100488 Electronic Data Processing 10/01/2009 $2,606 $5,000 Equipment 10101/2010 081 CISCO 2620 CITY HALL ROUTER Electronic Data Processing 10/01/2009 $295 $5,000 Equipment 10/01/2010 082 CISCO 48 PORT 2950 SERVER SWITCH Asset#100407 Electronic Data Processing 10/01/2009 $3,056 $5,000 Equipment 10/01/2010 083 CISCO 48 PORT 3550 CITY HALL SWITCH Asset#10068 Electronic Data Processing 10/01/2009 $6,664 $5,000 Equipment 10/01/2010 084 CISCO 48 PORT 3550 48X CITY HALL SWITCH Asset# Electronic Data Processing 10/01/2009 4535 Equipment 10/01/2010 $3,342 $5,000 085 CISCO 48 Port Cisco 2950 Backup Switch Electronic Data Processing 10/01/2009 $3,056 $5,00c Equipment 10/01/2010 086 APC 3000 BACKUP UNIT Electronic Data Processing 10/01/2009 $1,070 $5,000 Equipment 10%01/2010 087 APC Rack Side Air Distributor ACF201 BLK Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $677 $5,000 088 APC SYMMETRA 16KV Asset#3761 Electronic Data Processing 10/01/2009 $18,972 $5,000 Equipment TO/01/2010- 089 CISCO CATALYST 6000-CITY HALL SWITCH Asset#4541 Electronic Data Processing 10/01/2009 Equipment %01%2010 $2,886 $5,000 10 090 CISCO CITY HALL MAIN 6509 Asset#3712 Electronic Data Processing 10/01/2009 Equipment %0 1%2010 $82,906 $5,000 10 091 COMPELLENT SAN Asset#100691 Electronic Data Processing 10/01/2009 $47,698 $5,000 Equipment 10701/2010 092 Versa INTERNET GATEWAY PS730 Electronic Data Processing 10/01/2009 $795 $5,000 Equipment 10/6172010 093 Kodak 1160 Backup Scanner Asset#100537 Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $2,856 $5,000 094 Kodak 1260 Backup Scanner Asset#100169 Electronic Data Processing 10/01/2009 $4,051 $5,000 Equipment 10%01//2010 095 Dell PBGSBRCC Power Edge 4600 Asset#3974 Electronic Data Processing 10/01/2009 Equipment 10%01 X2010 $7,256 $5,000 096 Dell PBGSCW Power Edge 1600SC Asset#4384 Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $2,387 $5,000 097 Dell PBGSEDEN Power Edge 1850 Asset#100693 Electronic Data Processing 10/01/2009 $5,000 $5,000 Equipment '10/012010 098 Dell PBGSEDENAPP OptiPlex GX280 100528 Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $1,031 55,000 099 Dell PBGSFILE Power Edge 1850 Asset#100695 Electronic Data Processing 10/01/2009 $5,000 $5,000 Equipment 10/01/2010 100 Dell PBGSGIS Power Edge 1750 Asset#100040 Electronic Data Processing 10/01/2009 $5,346 $5,00C Equipment 10%01/2010 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 34 Reference Number: 26198 Ili r4t ri i Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 1T4J fraIT:1;I- 11i City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast,Inc(West Palm Beach, FL) Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 101 Dell PBGSHOST1 PowerEdge 2950 Asset#100923 Electronic Data Processing 10/01/20094 Equipment 10/01/2010 $4,782 $5,000 102 Dell PBGSHOST2 PowerEdge 2950 Asset#100924 Electronic Data Processing 10/01/2009 Equipment 10/017010 $4,782 $5,000 103 Dell Computer PBGSISA Power Edge 4600 Asset#3956 Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $8,054 $5,000 104 Dell PBGSMAIL PowerEdge 1850 Asest#100694 Electronic Data Processing 10/01/2009 $5,000 $5,000 Equipment 10/01/2010 105 Dell PBGSPRINT Asset#3860 Electronic Data Processing 10/01/2009 $3,483 $5,000 Equipment 10/01/2010 106 Dell PBGSPROXY Power Edge 1600SC Asset#4385 Electronic Data Processing 10/01/2009 Equipment 10/01%2010 $2,387 $5,000 107 Dell PBGSSIS Power Edge 2650 Asset#100010 Electronic Data Processing 10/01/2009 Equipment 10/01/2010 $6,121 $5,000 108 Dell PBGSTELESTAFF PowerEdge 2850 Asset#100799 Electronic Data Processing 10/01/2009 Equipment 10/01J2010 $3,046 $5,000 109 Dell PBGSTS Poweredge 1650 Asset#4326 Electronic Data Processing 10/01/2009 $4,595 $5,000 Equipment 10/01/2010 110 Dell PBGSVS PowerEdge 1850 Asset#100696 Electronic Data Processing 10/01/2009 $5,000 $5,000 Equipment 1001/2010 111 Dell PBGSWEB PowerEdge 2650 Asset#100631 Electronic Data Processing 10/01/2009 $6,340 $5,000 Equipment 10/01/2010 112 Dell PBGVMAIL Poweredge 2950 Asset#100921 Electronic Data Processing 10/01/2009 Equipment 10%01!2010 $4,257 $5,000 113 PROVENTIA M30 Asset#100164 Electronic Data Processing 10/01/2009 Equipment '10/01/2010 $5,680 $S,OOC 114 RACK ENCLOSURE Asset#4255 Electronic Data Processing 10/01/2009 $1,100 $5,000 Equipment 10/01/2010 115 APC Rack Enclosure Asset#100839 Electronic Data Processing 10/01/2009 $1,248 $5,000 Equipment 10/01/2010 116 Raritan 32-Port KVM Dominion Asset#100692 Electronic Data Processing 10/01/2009 $5,200 $5,000 Equipment 10%01%2010 117 SANYO A/C SYSTEM Asset#4370 Electronic Data Processing 10/01/2009 $3,640 $5,000 Equipment 10/01/2010 118 Quantum VALUELOADER Asset#100165 Electronic Data Processing 10/01/2009 Equipment 1070772010 $6,843 $5,000 119 Dell VSPARE PowerEdge 2950 Asset#100922 Electronic Data Processing 10/01/2009 $4,257 $5,000 Equipment 10/01/2010 120 Dell ZEUS AGP 4X/PCI Asset#39570 Electronic Data Processing 10/01/2009 $1,016 $5,000 Equipment 1071 72010 121 Contiguous Current Sculpture Fine Arts 10/01/2009 $225,000 $5,000 10/01/2010 122 Sandhi!!Crane Bronze Sculpture Fine Arts 10/01/2009 TO-701/2010 $17,000 $5,000 123 Rotating Art Schedule Fine Arts 10/01/2009 10/01/2010 $140,000 $5,000 124 3 Aluminum Sculptures located in Town Hall Lobby$20,000 Fine Arts 10/01/2009 $60,000 $5,000 Each 10/01/2010 125 Brief Case,Coffee Cup,Donut Keys Art,The Commuter Fine Arts 10/01/2009 $15,000 $5,000 10/01/2010 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 35 Reference Number: 26198 nr� :T: R. Inland Marine Schedule Scheduled Items Effective As of : 09/14/2009 Klrl'J:1:r�I iir c1 :13; tf liF7 City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent Wells Fargo Ins Services Southeast,Inc(West Palm Beach,FL) Eff. Date Item# Description Serial Number Classification Code Term Date Value Deductible 126 4 Stainless Steel Sculptures(Astralis)@$75,000 each) Fine Arts 10/01/2009 $300,000 $5,000 10/01/2010 127 Alex Renoir "Banyon Tree" Fine Arts 10/01/2009 $2,000 $5,000 l0/0-17-2(11-01- 128 Double Rainbow Fine Arts 10/01/2009 10%01%2010 $120,000 $5,000 129 Unschedule Items Rented,Borrowed,Leased 10/01/2009 Equipment 10/01/2010 5200'000 55'000 130 82 golf cart GPS systems&base station Rented,Borrowed,Leased 10/01/2009 $165,000 $5,000 Equipment 10/01/2010 131 Unscheduled Items Valuable Papers 10/01/2009 $100,000 $5,000 10/01%2010 Total $3,593,151 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 36 ReferenceN umber PGI T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 INSURANCE RUST City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value ------ ----------- Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuatio 1 APD Rptd Term Type 001 Chevrolet Blazer 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 1GNDT13W02K215228 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $12,00C 002 Dodge Ram 3500 Chasis&Cab 10/01/09 $2,500 10/01/09 10/01/10 $10,000 -------- -------------- ---- ------ - ------------- 1 2001 3B6MF36651M279266 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $10,000 003 Chevrolet Truck 10/01/09 $2,500 10/01/09 10/01/10 $6,000 - --- - ------- 1 1958 3E58A102225 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $6,00C 004 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 1 $14,000 1 2002 1FAFP52U72A253452 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash] $14,000 005 Ford Expedition 10/01/09 $2,500 10/01/09 10/01/10 $12,500 1 2001 1FMRU15L41LB17239 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,500 006 Ford F250 SD 10/01/09 $2,500 10/01/09 10/01/10 $28,213 1 2004 1FTNW21P84EC48453 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $28,213 007 Mack R688ST 10/01/09 $2,500 10/01/09 10/01/101 $18,000 - -------- - ------- 1 1984 1M2N187Y8EA004999 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 : Actual Cash $18,000 008 Chevrolet K1500 Pickup J 10/01/09 $2,500 10/01/09 10/01/10 $6,000 1 1997 1GCEK14W3VZ174619 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash] $6,000 009 Chevrolet C3500-HD Chasis&Cab-Dump 10/01/09 $2,500 10/01/09 10/01/10 $10,125 1 1998 1GBKC34F5WF073200 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $10,125 010 International Medtec 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 2003 1HTMNAAM23H600103 Ambulance 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 011 International Medtec 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 2003 1 HTMNAAMO3H600102 Ambulance 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 012 Ford F150 1 10/01/09 $2,500 10/01/09 10/01/10] $12,000 1 2002 1FTRW08672KE22496 Light Truck + 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashf $12,000 013 Dodge Pickup 4X4 10/01/09 $2,500 10/01/09 10/01/10 $6,000 1 1996 1B7KF26Z5TJ94807 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $6,000 014 Chevrolet K1500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 $6,000 1 1997 1GCEK14WOVZ120825 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $6,000 015 Dodge Ram 2500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 : $6,000 1 1996 1B7KF26Z7TJ194808 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $6,000 016 Pierce Quantum 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 1997 4PICT0257VA000573 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 017 Pierce Quantum 10/01/09 $2,500 10/01/09 10/01/10 $120,000 1 2003 4P1CTO2H13A003339 Fire Truck 10/01/10 $2,500 10/01/09 10/01/101 Actual Cash $120,000 018 Pierce Dash 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 2003 4P1CTO2XOYA000313 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,006 019 Ford Explorer Sport Trac 10/01/09 $2,500 10/01/09 10/01/10 $24,032 1 2004 1FMZU77K44UB41966 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $24,032 020 Ford F150 Crew Cab 10/01/09 $2,500 10/01/09 10/01/10 $26,768 1 2004 1FTPW14534KC41456 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash! $26,76E 021 Ford F150 Crew Cab 10/01/09 $2,500 10/01/09 10/01/10 $26,468 1 2004 1FTPW14514KC41455 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashi $26,468 The brief description of coverage contained In this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 37 ReferenceNumber PGI T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 IMILIN «y City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd 'f arm Type 022 Ford F150 Crew Cab 10/01/09 $2,500 10/01/09 10/01/10 $26,768 1 2004 1FTPW145X4KC41454 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $26,76€ 023 Ford Freestar Van 10/01/09 $2,500 10/01/09 10/01/10 $19,665 1 2004 2FMZA51694BA86719 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,665 024 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $23,479 ------- ---------------------------- 1 2004 2FAHP74W44X145688 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $23,470 025 Pierce Aerial Platform 10/01/09 $2,500 10/01/09 10/01/10 $800,000 1 2004 4P1CA01H74A004536 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $800,00C 026 Ford F150 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 1FTRW08692KE22497 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,000 027 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $11,250 1 2000 2FAFP71W8YX165539 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $11,250 028 Pierce Dash 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 2000 4P1CTO2S1YA000900 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 029 AM General Brush Truck M-93 10/01/09 $2,500 10/01/09 10/01/10 $23,000 1 1983 C532000016 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $23,000 030 Chevrolet K2500 Suburban 10/01/09 $2,500 10/01/09 10/01/10 $12,000 ---------------- - ----------- 1 2001 3GNGK36U61G266335 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash1 $12,000 031 Chevrolet C2500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 $8,000 1 1999 1GCGC24RXXF093739 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $8,000 032 Dodge Ram 2500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 3B7KC26672M308497 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,000 033 Chevrolet C2500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 $8,000 1 1999 1GCGC24R5XR722239 Light Truck 10/01/10$2,500 10/01/09 10/01/10 Actual Cash $8,000 034 Ford F150 10/01/09 $2,500 10/01/09 10/01/10 $19,765 1 2004 2FTRX18W84CA58339 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,765 035 Ford onvenuonal ry uv I OVVU I anoern- 10/01/09 $2,500 10/01/09 10/01/10 $18,000 Parker 1 1987 1FDYW80U2HVA50606 Garbage Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $18,000 036 Chevrolet K1500 Pickup 10/01/09 $2,500 10/01/09 10/01/10 $12,500 1 1997 1GCEK14W9VZ120239 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,500 037 International 4300 DT 466 10/01/09 $2,500 10/01/09 10/01/10 $22,500 1 2003 3HTMMAAN83N586659 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $22,500 038 Ford raou Juper uury v ur cxtenoeo taw.) 10/01/09 $2,500 10/01/09 10/01/10 $24,393 Pirkiin 1 2005 1FTWX33565EC19523 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $24,393 039 Ford F250 SD 10/01/09 $2,500 10/01/09 10/01/10 $25,115 1 2005 1FTSW20P25EC28317 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,115 040 Ford F250 SD 10/01/09 $2,500 10/01/09 10/01/10 $20,623 1 2005 1FTSF2OP05EC28316 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,623 041 Trailer Landscape 10/01/09 $2,500 10/01/09 10/01/10 $5,000 ---- ---------- ---------------------------------------------------------- - --- 1 2004 59049 Trailer-NO CHAFKID1/10 $2,500 10/01/09 10/01/10 Actual Cash[ $5,000 042 Trailer Landscape 10/01/09 $2,500 10/01/09 10/01/10 $5,000 - --------------- ----------- 1 2004 71668 Trailer-NO CHAP Q 1/10 $2,500 10/01/09 10/01/10 Actual Cash $5,000 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 38 ReferenceNumber PGI T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 win. City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department ' AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Term Type 043 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $5,000 1 2004 1E9AL12133L252335 Trailer-NO CHAFd®g/1/10 $2,500 10/01/09 10/01/10 Actual Cash{ $5,000 044 Flatbed Trailer 10/01/09 $2,500 10/01/09 10/01/10 $5,000 1 2004 114663 Trailer-NO CHAR1(901/10 $2,500 10/01/09 10/01/10 Actual Cash $5,000 045 Ford F150 Supercab 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2004 2FTRX17WX4CA76925 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 046 Ford F150 Supercab 10/01/09 $2,500 10/01/09 10/01/10 J $21,000 1 2004 2FTRX17W14CA76926 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 047 Chevrolet Lumina 10/01/09 $2,500 10/01/09 10/01/10 $18,500 1 2000 2G1 WL52J4Y1246918 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $18,500 048 Chevrolet Tahoe 4X4 10/01/09 $2,500 10/01/09 10/01/10 $12,500 1 2001 1GNEK13V91J277701 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,500 049 Chevrolet Tahoe 4X4 10/01/09 $2,500 10/01/09 10/01/10 $12,500 1 2001 1GNEK13V81J278340 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashp $12,500 050 Dodge Ram Van B2500 Cargo Van 10/01/09 $2,500 10/01/09 10/01/10 $10,000 1 2001 2B7JB21Z91K554340 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $10,000 051 Chevrolet S10 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 1GCCS19W028241551 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,000 052 Chevrolet S10 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 1GCCS19W528241870 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,000 053 Chevrolet Blazer 4X4 10/01/09 $2,500 10/01/09 10/01/10 $12,000 ---- - - - ---- 1 2002 1GNDT13W82K226137 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashf $12,000 054 Ford F150 4X4 10/01/09 $2,500 10/01/09 10/01/10 $15,000 1 2003 1FTRWO8673KD97438 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,000 055 Ford F150 4X4 10/01/09 $2,500 10/01/09 10/01/10 $15,000 1 2003 1FTRW08693KD97439 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,000 056 Ford Econoline E250 Cargo Van 10/01/09 $2,500 10/01/09 10/01/10 $16,007 1 2004 1FTNE24W74HA77117 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $16,007 057 Dodge Ram Wagon B350 Multi-Purpose 10/01/09 $2,500 10/01/09 10/01/10 $10,000 1 2001 2B5W635231K500272 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $10,000 058 Chevrolet Tahoe Police#7368 10/01/09 $2,500 10/01/09 10/01/10 $19,500 1 2003 1GNEC03067R348049 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,500 059 Chevrolet Tahoe Police#7363 10/01/09 $2,500 10/01/09 10/01/10 $19,500 1 2003 1GNEC030X7R349155 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,500 060 Ford Expedition 4X2 10/01/09 $2,500 10/01/09 10/01/10 $19,500 1 2000 1FMPU16L55YLB18903 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $19,500 081 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2001 2FAFP71W91X203060 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 062 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 _ 1 2003 2FAFP73W53X122010 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 063 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP73W23X135801 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 39 Reference Number it, Vehicle Schedule Scheduled Vehicles Effective As of: 00/14C2009 nnUNRim0m City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09'08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff ' Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term om/oem opnsn Coll Valuation | APonptu Term Type � 064 Ford Crown Victoria 10/01/09 $2,500 10/01/09 1mmo�o $27,500 1 2003 2F2FP73w53X1137e8 Police Car 10m1/10 $2,500 10/01/09 10/01/10 Actual Cash $27.50c 065 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2rAFP73w53x122007 Police Car 10/01/10 $2,500 10/01/09 10m1/10_xmvu|omnl-| $or.xoc 066 Ford Crown Victoria 10/01/09 $2,500 10/01/09 1&01/1O *27.500 1 2003 2pArP73w73x122008 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Auua/oash| m27.50c 067 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21'000 1 2001 2FApP71w01x2O3061 Police Car 1001/10 $2,500 10/0109 1001/10 Actva|CaxN $21.00c 068 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $15,500 1 1*99 2rxrp71w1XX211047 Police Car 10/01/10 $2,500 100109 10/01/10 puma|Casx| $15.50o 069 Ford Crown Victoria 10m1m9 $2,500 10/0109 10N1/10 $21.000 1 2001 2pApp71W51X180232 Police Car 10/01/10- $2,500 10/01/09 10/01/10 Actual Cash $21.00C 070 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21.000 ---------- -- ---------'- --- ���7------- 1 e001 2FAFP71W31X180228 Police Car 10/01/10 *2.500 10/01/09 10/01/10 Actual *21.00u 071 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21.000 --��� �-----� ------- ---- -------���[- 1 2001 2FAFP71W11X180227 Police Car 1um1/10 $2,500 10/01/09 10/01/10 Actual -- | $21.00n 072 Ford Crown Victoria 10m1m9 $2,500 10m1m9 10m1/10 $21.000 1 2001 --- 2rApP71 m1x1oocoo -- ice Car 10/01/10 $2,500 10m1m9 10m1/10 Actual cu"hf-- $21.000 073 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 ----- ------ ---- --'---- ---'--- �J-------- 1 2003 upArp71vvoux1zeono Police Car 1mn1/m $2,500 10/01/09 10/01/10 A�uv|000x| $27,500 074 Ford Crown Victoria 10m1m9 $2,500 10m1m9 10m1/10 m27,500 1 2003 2rApP71W83x131769 Police Co, CaT- $e7,50C 075 Ford Crown Victoria 10m1m9 $2,500 10/01/09 10/01/10 $27,500 1 2003 ep»FP71w43x131770 Police Car 1001/10 $2,500 10101m9 10/01/10 Auva|oavn} $xr.00r 076 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 *27.500 1 2003 2FAFP7nw63x131771 Police Car 1001/10 $2.500 100109 1001/10 Actual Cash $27.50c 077 Ford Crown Victoria 100108 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71W83X131772 Police Car 1001/10 $2,500 10m1/09 10m1/10 Actual Cash $27,50c 078 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 ---- 1 2003 2FAFP71W13X131774 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual | $27.50C 079 Ford Crown 10/01/09 $2,500 10/01/09 10/01/10 $27,500 --- ---- -- ---- ---- 1 2003 2F*rP71W53u131776 Police Car 10m1/10 $2,500 10m1m9 10m1/10 Actual Cash $27,50C 080 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1- 2003 2FAFP71W73X131777 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,50C 081 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 � 1 2003 2F*Fp71we3x131778 Police Car 10m1n0 $2,500 10m1m9 10m1/10 Actual Cash $27,50C 082 Ford Crown 10/01/09 $2,500 10/01/09 1�o /10 $27,500 1 2003 2rAFP71m03x131779 Police Car 10/01/10 $2,500 10m1m9 10m1/10 Axmu/000x| $ur.00c 083 Ford Crown 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2rxrP71m73x131780 Police Car 10m1/10 $2,500 10m1m9 10/01/10 Actual Cash $27.500 084 Ford Crown Victoria 10/01m9 $2,e00 10m1m9 10/01/10 $27,500 1 2003 2FAFP7 Police Car 10/01/10 $2,500 10/0109 10/01/10' Actual Cash $27.50C . The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 40 ReferenceNumber PGa Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 , AN ; .1 City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description - Department J AL Eff ' Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Term , Type 085 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71W03X131782 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 086 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 --- ------- 1 2003 2FAFP71W23X131783 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 087 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71W43X131784 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 088 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71W83X131785 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,50C 089 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71W83X131786 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 090 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAFP71WX3X131787 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 091 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAHP71W43X215466 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $27,500 092 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAHP71W63X215467 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 093 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAHP71W03X215464 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 094 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAHP71W23X215465 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 095 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 2FAHP71W53X211799 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 096 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 . $27,500 1 2003 2FAHP71W83X211800 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 097 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $27,500 1 2003 1FAFP53U13a242916 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $27,500 098 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W44X102431 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 099 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W44X102438 Police Car 10/01/10 $2,500 10/01/09 10/01/10 I Actual Cash $25,000 100 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W14X102429 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 101 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W24X102424 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,00C 102 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W94X102422 Police Car 10/01/10 $2,500 10/01/09 10/01/10 1 Actual Cash( $25,000 103 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W94X102436 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 104 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71WX4X102428 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,00C 105 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W04X102437 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,00C The brief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 41 ReferenceNumber ID irk ' �_ Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 041,14:T;i.' ifir: ,: l.haw A _ City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuatior-11 APD Rptd Twrm , Type 106 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W04X102440 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash[ $25,000 107 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W24X102441 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 108 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W74X102435 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,00C 109 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 --- ----------------- - --------- ---- 1 2004 2FAHP71W64X102426 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 110 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W54X102434 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 111 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W14X102432 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $25,000 112 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 ----- ---- - ----- ------- ---------- 1 2004 2FAHP71W44X102425 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 113 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W84X102430 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 114 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2004 2FAHP71W84X102427 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 115 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,160 1 2004 1FAFP53U34A185118 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash-{ $12,16C 116 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,555 1 2004 1FAFP53U54A185119 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashf $12,555 117 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,745 1 2004 1FAFP53U14A185120 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,745 118 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,745 --- ----- - -------- 1 2004 1FAFP53U34A185121 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashp $12,745 119 Ford Explorer XLT 10/01/09 $2,500 10/01/09 10/01/10 $22,275 1 2004 1FMZU63K84UB44417 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $22,275 120 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 ---------------------- --- ---------- - --------------- 1 2004 2FAFP71W84X150971 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 121 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W94X150963 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,87C 122 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W04X150964 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashf $19,870 123 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W24X150965 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual CasT $19,87C 124 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W44X150966 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cass{ $19,870 125 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W64X150967 Police Car ^10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 126 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W84X150968 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 The brief description of coverage contained in this document is being provided as an accommodation only and is not Intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 42 ReferenceNumber ' I Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 rMIb1T�fiil_ 1. ;, fn City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation 1APD Rptd Term r Type II 127 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71WX4X150969 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 128 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAFP71W64X150970 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 129 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $19,870 ---- -- ---- 1 2004 2FAFP71WX4X150972 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,870 130 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10j $19,893 1 2004 2FAFP71W14X149127 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual CashT $19,893 131 Ford Windstar 10/01/09 $2,500 10/01/09 10/01/10 $15,000 1 2003 2FMZA50403BB54260 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,00C 132 Ford Expedition 4X2 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2000 1FMPU18L5YLB18902 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,000 133 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,900 1 2005 1FAFP53U25A268137 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $12,900 , 134 Radar Tailer 10/01/09 $2,500 10/01/09 10/01/10 $5,000 - ------- -- - -- - 1 2004 1M9US11132D597299 Trailer-NO CH/��/11/10 $2,500 10/01/09 10/01/10 Actual Cash $5,000 135 Radar Tailer 10/01/09 $2,500 10/01/09 10/01/10 $5,000 1 2004 2S9US11134S132139 Trailer-NO CHAFVE11/10 $2,500 10/01/09 10/01/10 Actual Cash $5,000 136 Motorcycle trailer/tag#110003 10/01/09 $2,500 10/01/09 10/01/10 $3,000 1 2004 4Y3US1215VS001114 Trailer-NO CH,Fd0E11/10 $2,500 10/01/09 10/01/10 Actual CashT $3,000 137 Cargo trailer/tag#228688 10/01/09 $2,500 10/01/09 10/01/10 $4,000 1 2004 5MNBE12164F002206 Trailer-NO CHhFigi91/10 $2,500 10/01/09 10/01/10 Actual Cash $4,000 138 Ford Econoline E250 Cargo Van 10/01/09 $2,500 10/01/09 10/01/10 $15,000 1 2003 1FTNE24W93HB41544 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,000 139 Dodge Ram Wagon B350 Multi-Purpose 10/01/09 $2,500 10/01/09 10/01/10 $10,000 1 2001 2B5WB35Z81K555199 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 ActualCashl- $10,000 140 Dodge Ram Wagon B350 Multi-Purpose 10/01/09 $2,500 10/01/09 10/01/10 $19,500 1 2000 2B5WB35Z3YK116406 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,500 141 Stump Grinder 10/01/09 $2,500 10/01/09 10/01/10 $9,500 1 1991 1635A-043591 Trailer-NO CHARK01/10 $2,500 10/01/09 10/01/10 Actual Cash $9,500 142 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $10,000 1 1998 5008820 Trailer-NO CH/JOS/11/10 $2,500 10/01/09 10/01/10 Actual Cash $10,000 143 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $3,795 1 2004 5mwbu8x234s002292 Trailer-NO CH 1K9491/10 $2,500 10/01/09 10/01/10 Actual Cashl $3,794 144 Ford cvou super uuty-taweoiro au rass 10/01/09 $2,500 10/01/09 10/01/10 $42,350 Rim 1 2005 1FDWE45F13HB77545 Bus>20 Pass,No Liffl O/01/10 $2,500 10/01/09 10/01/10 Actual CasI $42,35d 145 Ford Econoline E250 Cargo Van 10/01/09 $2,500 10/01/09 10/01/10 $15,447 1 2004 1FTNE24W94HA77118 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,447 146 Sterling SC8000 Schwartz Sweeper 10/01/09 $2,500 10/01/09 10/01/10 $140,395 1 2004 49HAADBV34DN17324 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $140,395 147 AM General Fire Truck 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 1971 96-38525C442-10008 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 43 ReferenceNumber _ill : Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 I 111 : City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Term , Type -�----- 148 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $9,500 1 1996 4URA11E35TS61441 Trailer-NO CHARI0101/10 $2,500 10/01/09 10/01/10 Actual Cash $9,500 149 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $11,500 1 2001 4RMES10141F001293 Trailer-NO CHARIVP1/10 $2,500 10/01/09 10/01/10 Actual Cash $11,50C 150 Trailer 10/01/09 $2,500 10/01/09 10/01/10 $5,000 1 1995 EKHF0572F495 Trailer-NO CHAl 51/10 $2,500 10/01/09 10/01/10 Actual Cash $5,00C 151 Ford Taurus 10/01/09 $2,500 10/01/09 10/01/10 $12,000 1 2002 1FAFP52U92A253453 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $12,00C 152 Ford Econoline E250 Cargo Van 10/01/09 $2,500 10/01/09 10/01/10 $19,500 1 2005 1FTNE24W05HB15028 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,50C 153 Chevrolet Impala 10/01/09 $2,500 10/01/09 10/01/10 $20,500 1 2005 2G1WF52K059306769 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,500 154 Dodge Stratus 10/01/09 $2,500 10/01/09 10/01/10 $14,000 1 1999 1B3EJ46XXXN561609 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,000 155 Ford E450 Super Duty Cutaway 10/01/09 $2,500 10/01/09 10/01/10 $48,000 --- ----------- ---------- ---------- 1 2005 1FDXE45P55HB04338 Bus>20 Pass,No L iffl0/01/10 $2,500 10/01/09 10/01/10 Actual Cash $48,000 156 Ford F250 10/01/09 $2,500 10/01/09 10/01/10 $28,000 1 2005 1FTSW21P05EC36849 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $28,000 157 Ford F150 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2005 1FTRW12W95KD67732 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 158 Dodge Sprinter 2500 Van 10/01/09 $2,500 10/01/09 10/01/10 $20,000 ------------- --------- ---- ------ 1 2005 WD2PD144055774229 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashf $20,000 159 Dodge Sprinter 2500 Van 10/01/09 $2,500 10/01/09 10/01/10 $20,000 1 2005 WD2PD144555773870 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,000 160 Ford F150 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2005 1FTRX12W35NB16779 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash[ $21,000 161 Paystar 10/01/09 $2,500 10/01/09 10/01/10 $15,000 1 1976 D3117GGB13066 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,000 162 Ford F650 Super Duty Chasis&Cab 10/01/09 $2,500 10/01/09 10/01/10 $45,000 1 2005 3FRWF65Y15V204107 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $45,000 163 Chevrolet Tahoe 4X4 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2005 1GNEC13ZX5R210709 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 164 Ford F150 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2005 1FTRX14W55NB16778 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,000 165 AM General Fire Truck 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 1982 53208 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,000 166 Ford F350 Super Duty Crew Chasis 10/01/09 $2,500 10/01/09 10/01/10 $24,300 1 2005 1FDWW37P55EC55939 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $24,30C 167 Ford F550 Super Duty Chasis&Cab 10/01/09 $2,500 10/01/09 10/01/10 $26,700 1 2005 1FDAW56P75ED26274 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $26,70C 168 Ford Crown Vic 10/01/09 $2,500 10/01/09 10/01/10 $19,870 1 2004 2FAHP71W44X102439 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $19,87C The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 44 ReferenceNumber PG1 T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 INSURANCE RUST City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Term Type 169 Chevrolet Tahoe 4X4 10/01/09 $2,500 10/01/09 10/01/10 $21,000 1 2005 1GNEC13Z25R208419 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,00C 170 Pierce Arrow 10/01/09 $2,500 10/01/09 10/01/10 $75,000 1 2000 4P1CAO2DOYA000250 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $75,00C 171 Ford Five Hundred SE 4 Dr Sedan 10/01/09 $2,500 10/01/09 10/01/10 $23,590 1 2005 1FAHP231X5G112016 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 • Actual Cashl $23,590 172 Pontiac G6 10/01/09 $2,500 10/01/09 10/01/10 $23,890 1 2005 1G2ZG548854165931 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $23,890 173 Chevrolet Colorado 10/01/09 $2,500 10/01/09 10/01/10 i $23,660 1 2005 1GCCS196658277698 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $23,66C 174 Nissan Titan 10/01/09 $2,500 10/01/09 10/01/10 $26,680 1 2005 1N6BA06A85N562242 Light Truck 1 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash[ $26,680 175 Chevrolet Trail Blazer 10/01/09 $2,500 10/01/09 10/01/10 $28,100 1 2005 1GNDS13S752309434 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $28,100 176 Peterbilt Conventional 335 10/01/09 $2,500 10/01/09 10/01/10 $152,475 1 2006 2NPLLZ9X16M645723 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $152,475 177 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $21,884 1 2006 1FMCU93116KB66370 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,884 178 Pierce Arrow XT 10/01/09 $2,500 10/01/09 10/01/10 : $500,000 1 2006 4PICT0257VA000573 Fire Truck 1 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $500,000 179 International Medtec 10/01/09 $2,500 10/01/09 10/01/10 $200,000 1 2006 1HTMNAAM87H460581 Ambulance 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $200,00C 180 International Medtec 10/01/09 $2,500 10/01/09 10/01/10 $200,000 1 2006 1 HTMNAAM67H460580 Ambulance 10/01/10 $2,500 10/01/09 10/01/10 1 Actual Cash $200,000 181 Ford F250 SD 10/01/09 $2,500 10/01/09 10/01/10 $38,000 1 2006 1FTNF20536ED84668 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $38,000 182 Dodge Magnum 10/01/09 $2,500 10/01/09 10/01/10 $23,000 -------- 1 2006 2D4GV47226H453624 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $23,000 183 Ford F550 Super Duty Chasis&Cab 10/01/09 $2,500 10/01/09 10/01/10 $34,000 1 2006 1FDAF56P96ED51890 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash] $34,000 184 Ford F350 Super Duty Pickup 10/01/09 $2,500 10/01/09 10/01/10 $29,000 1 2006 1FTWF33526ED84666 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $29,000 185 Ford F350 Super Duty Pickup 10/01/09 $2,500 10/01/09 10/01/10 $29,000 1 2006 1FTSF30506ED84667 Medium Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $29,000 186 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 1 2007 1FMYU93177KA02435 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $28,500 187 Ford Escape 10/01/09 $2,500 10/01/09 10/01/101 $28,500 1 2007 1FMYU93147KA02442 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $28,500 188 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 1 2007 1FMYU02Z67KA02445 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $28,50C 189 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 1 2007 1FMYUO2ZX7KA02447 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash[$28,500 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 45 ReferenceNumber ID ' Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 omlEnPlim - City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff_ Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Cm/neu om|sff Coll Valuation upmnwtu Term ' Type 190 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 ��_-_____ 1 2007 1FmYuo2Zx7uA02*50 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual oa-�| $uo.00c 191 Ford Five*moommasLsouan 10/01/09 � �/oo $2,500 10/01/09 10/01/10 $31.000 _ 1 2007 1FAF2*107G104466 Private Passenger 10m1/10 *z.moo 10m1/09 10m1/10 Actual Cash m31.000 192 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28.500 1 2007 1rwvUO2z37na02**9 Light Truck 10/01/10 $2,500 10/01/09 10m1/10 Actual Cash $28,500 193 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 �_____ 1 2007 1Fmvu083127KA02*38 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Acmo|Ca-�| $28,500 19* Ford Escape 10/01m9 $2,500 10/01m9 10/01/10 m28.500 1 2007 1FwvU093107*A02*37 Light Truck 10N1/10 --$2,500 10/01/08 10m1/10 Actual $28,50r 195 Ford Escape 10/01m9 *2.500 10N1m* 10m1/10 %28.500 1 2007 �pmv000��rx�ox*** ---- Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash n�[�C unu/ Light ' 196 Ford Escape 10m1m9 $2,500 10/0 1/09 10m1/10 $28,500 4.--- 1 2007 1pwYo93107KA02440 unLight Truck-- -m $2,500 10/01/09 10/01/10 Actual Cash $28'50C 197 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 1 2007 1FmvuO2Z27xA02**3 Light Truck 10m1/10 $2,500 10m1K9 10m1/10 Actual Cash $28,500 198 Ford sysapo 10/0 1/09 $2,500 10/01me 10/01/10 $28,500 1 2007 1rmYuo2z87w02446 Light Truck 10m1n0 $2,500 10m1m9 10/01/10 Actual Cash $28.500 199 Ford Escape 10/01/09 $2,500 1�V �� ��V �V $28,500 1 2007 1rwvuo2Z17KA02*48 Light Truck 10/01/10 $2,500 10m1m9 10/01/10 Actual Cash $28,500 200 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500 - --------- ---- -- - 1 2007 1rwvo93127xA02441 Light Truck 10m1/10 $2,500 10m1m9 10m1/10 Auua|CaoN $uO.owo 201 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10 $28,500---------------' -- -- [-------- 1 2007 1FMYU93147KA02439 Light Truck 1001/1O $2,500 1om1mo 1om«m Actual Cash[ *uo.nwo 202 Ford Galaxie 10/01/09 $2,500 10/01/09 10/01/10 $10,000 1 1960 Or52vv282055 Private Passenger 10m1/10 $2.500 10m1m9 10/01/10 Actual Cash $10.000 203 Ford Taurus 10/01m9 $2,500 10/01/09 10/01/10 $18,000 1 2005 1F*pP53o25A268136 Private Passenger 10/01/10 $2,500 10m1m9 10/01/10 Actual Cash $18.000 �/�vxuve,uu,vu`uu.um�uu'uumv 204 Ford sv^ 10/01/09 $2,500 10/0 1/09 10/01/10 $45.000 1 2005 3pnxp75E35v20*108 Garbage Truck 1001/10 $2,500 10m1X09 10m1/10 Actual Cash $45.000 205 Ford p150 10m1/09 $2,500 10m1/09 10/01/10 $25,000 1 2005 o=Tnx1uvwomBroono--------Light Truck 10m1/10' $2,500 10/01/0e 10/01/10 Actual Cashl $25,00C 206 Ford p150 10m1m9 $2,500 10/01X9 10/01/10 $28,000 1 2006 o`Tnxxzwzuwerwoor --- Light Truck 10/01/10 $2,500 - 10/01/09 10m1/10 Actual Ca"F1-- muo.00m 207 Ford �roouvnmou�om~cmu�o 10/01/09 oo.euo 10/01/09 10/01/10 $38,000 1 2004 3rnxvV75s9*v69527e Garbage Truck 10/01/10 $2,500 10m1m9 10m1/10 Actual Cash $38,000 208 Ford Specialty Vehicle 10/01/09 $2,500 10/01/09 10/01/10 $177.9*9 --.___- �/� �� 1 2006 1p6wF53,x60^04782 Heavy Truck 10/01/10 $2,500 10/01/09 10/01/10 m n//�o Actual 77.965 209 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20.1e9 1 2007 2FArP71vv97x118759 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20.155 210 Ford Crown Victoria 10m1m9 $2,500 10/01/09 10/01/10 *20.15e - �� 1 2007 cFApPnwo7x1187Oo Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual �uo.1ne The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement term^ For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 46 ReferenceNumber PGIVehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 + ., City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach,FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term ` Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Tcrm Type 211 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W47X118765 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 212 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W87X118767 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 213 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAPFP71WX7118768 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,152 214 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W17X118769 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 215 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W77X118761 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 216 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 --- - - ---------- 1 2007 2FAFP71W27X118764 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $20,155 217 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 ---- - ----- 1 2007 2FAFP71WX7X118771 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,152 218 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W87X118770 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 219 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20,159 1 2007 2FAFP71W37X114769 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,155 220 Ford Escape(#8103) Building 10/01/09 $2,500 10/01/09 10/01/10 $14,406 1 2008 - 1FMCUO2Z58KA16302 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,406 221 Ford Escape(#8101) Building 10/01/09 $2,500 10/01/09 10/01/10 $14,046 1 2008 1FMCUO2Z38KA16301 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,046 222 Ford Escape 4X4(#8102) Building 10/01/09 $2,500 10/01/09 10/01/10 $18,943 1 2007 1FMCU93158KA16300 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $18,943 223 Ford Explorer XLT 4X4 Fire 10/01/09 $2,500 10/01/09 10/01/10 $21,908 1 2007 1FMEU73U73E47UB23664 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,906 224 Chevrolet Impala Interceptor#7606 Fire Admin. 10/01/09 $2,500 10/01/09 10/01/10 $19,017 1 2007 2G1WS58R179302961 Private Passenger 10/01/10 $2,500 10/01/09 10/01/101 Actual Cash $19,017 225 Pierce Peirce Arrow Pumper Fire Suppression 10/01/09 $2,500 10/01/09 10/01/10 $459,209 1 2007 4P1CA01S86A006567 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash[ $459,205. 226 Pierce Fire Truck Engine 5 Fire Suppressioin 10/01/09 $2,500 10/01/09 10/01/10 $459,209 1 2007 4P1CTO2S1YA000900 Fire Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $459,205 227 Ford F250 Parks 10/01/09 $2,500 10/01/09 10/01/10 $17,495 1 2008 1FTNF20578EA28663 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $17,495 228 Ford F-250 Super Duty Parks 10/01/09 $2,500 10/01/09 10/01/10 $22,740 1 2008 1FTNF21508EA35890 Light Truck 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $22,74C 229 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 1 2006 1HD1FHW176Y691926 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 230 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 1 2006 1HD1FHW136Y691499 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 231 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 1 2006 1HD1FHW176Y690839 Motorcycle 10/01/10 $2,500 10/01/09 10/01/101 Actual Cash[ $14,765 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 47 ReferenceNumber PGI T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 ,,:. City of Palm Beach Gardens :, Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Tarm Type 232 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 -------------------- ---------- -- -- ------------------------------- 1 2006 1HD1FHW156Y690399 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 233 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 --------------------- ------------- ---- ----- ----- -- 1 2006 1HD1FHW136Y690577 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 234 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 1 2006 1HD1FHW116Y689945 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 235 Harley Davidson Police Motorcycle Police 10/01/09 $2,500 10/01/09 10/01/10 $14,765 1 2006 1HD1FHW106Y690892 Motorcycle 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $14,765 236 Chevrolet Impala Pursiut Police Pkg Police 10/01/09 $2,500 10/01/09 10/01/10 $17,150 1 2007 2G 1WS55R379371395 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $17,150 237 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 ------------- - - ---- -- 1 2007 2FAFP71W77X149332 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 238 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 ----------- ------------------------------------ 1 2007 2FAFP71W57X149328 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 239 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W77X149329 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashi $20,503 240 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W07X149334 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 241 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W57X149331 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 242 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W37X149327 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 243 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W37X149330 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 244 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 --------------- --- ---------- ----------- 1 2007 2FAFP71W97X149333 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 245 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W27X149335 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 246 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 1 2007 2FAFP71W67X149337 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 247 Ford Crown Vic Police Interceptor Police 10/01/09 $2,500 10/01/09 10/01/10 $20,503 ---------------------------------- ----- ----------------- 1 2007 2FAFP71W87X149338 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,503 248 Dodge Charger Pursuit Vehicle Police 10/01/09 $2,500 10/01/09 10/01/10 $22,226 1 2007 2B3KA43H87H770162 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $22,226 249 Chevrolet Impala Police 10/01/09 $2,500 10/01/09 10/01/10 $15,583 1 2007 2G 1WB55K079308368 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,583 250 Chevrolet Impala Police 10/01/09 $2,500 10/01/09 10/01/10 $15,583 1 2007 2G 1WB55K179309206 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,583 251 Chevrolet Impala Police 10/01/09 $2,500 10/01/09 10/01/10 $15,583 1 2007 2G 1WB55K679309976 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,583 252 Chevrolet Impala Police 10/01/09 $2,500 10/01/09 10/01/10 $15,583 ----------------------- --- - ------- ---- ----- 1 2007 , 2G1 WB55K879309929 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $15,583 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 48 ReferenceNumber PGI T Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 • i\V \ ,., T City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff Comp Ded Comp Eff Term Value '- Qty Year VIN# Vehicle Type AL Term Coll Ded Coll Eff Coll Valuation APD Rptd Term Type 253 Ford Escape 4X4 Public Works ` 10/01/09 $2,500 10/01/09 10/01/10 $18,943 1 2007 1FMCU93128KA16299 Light Truck 10/01/10 $2.500 10/01/09 10/01/10 Actual Cash! $18,943 254 Chevrolet Impala 10/01/09 $2,500 10/01/09 10/01/10 $16,497 1 2008 2G1EB58K681244283 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $16,497 255 Chevrolet Tahoe 1500 10/01/09 $2,500 10/01/09 10/01/10 $26,494 1 2008 1GNEC03068R232061 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $26,494 256 Ford Escape 10/01/09 $2,500 10/01/09 10/01/10] $14,136 1 2008 1FMCU02Z88K083565 Light Truck 10/01/10 $2.500 10/01/09 10/01/10 Actual Cash! $14,136 257 Toyota Prius 10/01/09 $2,500 10/01/09 10/01/10 $21,938 1 2008 JTDKB20UX83418058 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,938 258 Chevrolet Impala 10/01/09 $2,500 10/01/09 10/01/10 $20,597 1 2008 2G1WS583681279544 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,597 259 Ford Crown Victoria Police Interceptor 10/01/09 $2,500 10/01/09 10/01/10 $21,295 1 2008 2FAFP71V88X168867 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,295 260 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21,295 1 2008 2FAFP71V28X168864 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash! $21,295 261 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21,295 1 _ 2008 2FAFP71V68X168866 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashl $21,295 262 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21,295 1 2008 2FAFP71VX8X168868 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,295 263 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $21,295 -------------- - - --- 1 2008 2FAFP71V48X168865 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $21,295 264 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/10 $20,028 1 2008 2B3KA43G48H280200 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,025 265 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/10 $20,028 1 2008 2B3KA43GX8H280203 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,025 266 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/10 $20,028 - --- ------------- -------- 1 2008 2B3KA43G18H280204 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,025 267 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/10 $20,028 1 2008 2B3KA43G68H280201 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20,028 288 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/10 $20,028 1 2008 2B3KA43G88H280202 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash! $20,025 269 Dodge Charger 10/01/09 $2,500 10/01/09 10/01/101 i $20,028 1 2008 2B3KA43G38H280205 Police Car 10/01/10 $2,500 10/01/09 10/01/10 --Actual Cash $20,025 270 Chevrolet Impala 10/01/09 $2,500 10/01/09 10/01/10 $17,537 ----- - -- ------------------------ 1 2008 2G1WS58R679298269 Private Passenger 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $17,537 271 Crown Victoria#7420 10/01/09 $2,500 10/01/09 10/01/10 j $20,159 1 2007 2FAPFP71WX7118760 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash" $20,155 272 Ford Crown Victoria#8454 10/01/09 $2,500 10/01/09 10/01/10 $21,257 1 2008 2FAFP71VX8X146353 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cashr $21,257 273 International Rescue SWATT Truck#8305 10/01/09 $2,500 10/01/09 10/01/10 $25,000 1 2007 1HTSLAAL71H226119 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $25,000 The brief description of coverage contained in this document is being provided as an accommodation only and is not Intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 49 ` ReferenceNumber Vehicle Schedule Scheduled Vehicles Effective As of: 09/14/2009 4:14514-air . oFIIETIr4701m* City of Palm Beach Gardens Agreement No.: PK FL1 0502511 09-08 Agreement Period: 10/01/2009 through 10/01/2010 Agent: Wells Fargo Ins Services Southeast, Inc(West Palm Beach, FL) Unit# Make Model/Description Department AL Eff CumpDwd Comp Eff Term Value AL Coll Valuation �pptu Qty Year v|mw Vehicle Type mvnowu Coll T°"" Type | �'� - �' 1 274 ainnaoam*woo 10/01/09 $2,500 10/01/09 10/01/10 ' $10,000 1 1 2007 1A9es331452228298 ppocp�w, 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $10.00c 275 Ford Crown Victoria#7320 10/01m9 $2,500 10/01/09 10/01/10 $20,159 -- '-----------' 1 2007 2FAFP71W17X118772 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual Cash $20.15E ' 276 Ford Crown Victoria#7361 10/01/09 $2,500 10/01/09 10/01/10 %20159 _ 1 2007 2p^pP71m67x118766 Police Car 10m1/10 *2.500 10m1m9 10m1/10 Actual oovm ouo71ne ^ 277 Ford Crown Victoria 10/01/09 $2,500 10/01/09 10/01/10 $20159 --- ------- -- -------- $2,500 10/01/09 10/01/10 Actual 1 2007 2rAFP71w07x118762 Police Car 10/01/10 . a^»| ^/v.oE, 278 Ford Crown v�mna#rnou 10/01/09 $2,500 10/01/09 10/01/10 *e01*9 �� 1 2007 2G1WS55R270300608 Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual �zO.1oS 279 Ford Crown Victoria#7303 10m1m9 $2.500 10N1/09 10/01/10 *20.15e 1 2007 2G1WS55R579305933 Police 1-- $2,500 10/01/09 10/01/10 p�/�� 280 Undercover 1om1mo ��eoo 10/01/09 $30,000- -------- ------ --- ��T 1 2008 Various Police Car 10/01/10 $2,500 10/01/09 10/01/10 Actual $30,00C e81 Undercover 10m1m9 $2.500 10/01/09 1001/10 $30000 1 2008 Various pnnoeoa, 10/01/10 $2,500 10/01/09 10/01/10 A�va|Caw.| $uo.00c 282 Undercover 10/01/09 $2,500 10/01/09 10/01/10 $30,000 ---- ' -- 1 2008 Various 1 Police Car 10m1n0 $2,500 10m1m9 10m1/10 Actual Cash $30,00c 283 Undercover 10/01/09 $2,500 10/01/09 10/01/10 $30,000 1 2008 Various Police Car �1/1 $2,500 10/01/09 10/01/10 Actual oaiql $30,00C 284 Undercover 10m1m9 $2,500 10/01/09 10/01/10 $30,000 1 2008 Various Police Car 10/01/10 $2,500 --i0�1�9� 10/01/10 -A�ua|7�so' $30,00C 285 Undercover 10m1m9 $2,500 10/01/09 10/01/10 *30,000 - - 1 2008 Various Police Car 1mD1/10 --$2.no0-- 10m1x9 10m1/10 Actual Cas $30,00C 280 Ford Crown 10/01/09 $2,500 1�O@8 10/01/10 $21,275 � �, 1 2009 2FAHP71v89x110350 Police Car 10/01/10 $2,500 10/01/09 10/01/10 *�va|Caux| �.er: 287 International RS Medtec AD-170 Fire Suppression 10/01/09 $2,500 1WV 08 10/01/10 $171,168 1 2009 1HTmmaAL39H078324 Heavy Truck 1001/10 $2,500 10m1me 10m1/10 Actual Cas $171,16E 288 International nSwomecao'17u Fire Suppression 10/01m9 $2.500 10/01K9 10/01/10 *171.168 1 2009 1HTmm*mL5e*078325 Heavy Truck 10m1/10 $2,500 10m1m9 10m1/10 Actual Cush $171.1*e Total $9,695,174 APO $9,695,174 . Rptd _ ,hemrief description of coverage contained in this document is being provided as an accommodation only and Is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed Information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 50 PG I Renewal Quote No.: WC FL1 0502511 09-08 Effective: 10/01/2009 Renewal Quote Expiration Date: 10/01/2009 12:00 AM PREFERRED Reference Number: 26188 GOVERNMENTAL Portal Reference Number:203374 INSURANCE TRUST RENEWAL QUOTE FOR City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Presented by Public Risk Underwriters for: Wells Fargo Ins Services Southeast, Inc 2054 Vista Parkway Suite 400 West Palm Beach, FL 33411-2718 9/14/2009 10:49 AM The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 1 Reference Number: 26188 9/14/2009 10:49 AM Named Covered Party: City of Palm Beach Gardens FG,IT Term: 10/01/2009 to 10/01/2010 • :►u ► • Coverage Provided By: Preferred Governmental Insurance Trust N "► -EMI Renewal Quote No.: WC FL1 0502511 09-08 To protect members of the fund from large losses and to protect the financial security of the fund,the Preferred Governmental Insurance Trust(PGIT)board of trustees has elected to purchase an extremely conservative excess of loss insurance structure. We stress PGIT excess of loss structure because an excess structure provides PGIT members several levels of protection that reinsurance does not. Foremost among these is the fact that PGIT's excess of loss policies list every individual member a named insured,giving every member direct access to the insurance company for payment of claims. Reinsurers are only responsible to the trust itself. Therefore, if a trust became financially troubled,there is no guarantee from an insurance company that any individual claim will be paid or even that a reimbursement will go towards the originating claim. PGIT is a non-assessable Trust authorized under Florida Statute and is not rated by AM Best. PGIT is not protected by the Florida Guarantee Association in the event it becomes unable to meet its claims payment oblications. PGIT members are not constrained by notice requirements or punitive run-off claims costs to exit.PGIT is a non-admitted pool in the state of Florida. Q Public Public Risk Underwriters(PRU),as part of Brown&Brown, is one of the premier insurance I I I service organizations for public entities in the United States. Our exclusive focus and in-depth Risk understanding of the unique risk exposures and operating environment of the public sector -- Underwriters allows us to tailor customized products and services to meet our clients'needs. In.sunruce.Srrlutirrns fir Public Entities Preferred Governmental Claims Services(PGCS)is dedicated to exclusively serving Florida governmental agencies.PGCS administers and closely controls all claims from start to finish. This team of full-time,licensed adjusters understands federal laws and state statutes governing actions against public entities. A toll-free telephone number is provided to facilitate reporting of claims. Claim Services Compensation Disclosure We appreciate the opportunity to assist with your insurance needs. Information concerning compensation paid to other entities for this placement and related services appears below. Please do not hesitate to contact us if any additional information is required. Our office is owned by Brown&Brown, Inc. Brown&Brown entities operate independently and are not required to utilize other companies owned by Brown&Brown,Inc.,but routinely do so. For the Coverage Term referenced above,your insurance was placed through PGIT. PGIT is an independent entity formed by Florida public entities through an Interlocal Agreement for the purpose of providing its members with an array of insurance coverages and services. PGIT has contracted with entities owned by Brown&Brown,Inc.to perform various services.As explained below,those Brown&Brown entities are compensated for their services. PGIT has contracted with PRU,a company owned by Brown&Brown,Inc.,to administer PGIT's operations. The administrative services provided by PRU to PGIT include: Underwriting/Coverage review/ Marketing/Policy Review/Accounting/Issuance of PGIT Coverage Agreements/ PGIT Member Liaison/ Risk Assessment and Control Pursuant to its contract with PGIT,PRU receives an administration fee, based on the size and complexity of the account,of up to 12.0%of the PGIT premiums billed and collected. PGIT has also contracted with PGCS,a company owned by Brown&Brown,Inc.,for purposes of administering the claims of PGIT members. The services provided by PGCS to PGIT may include: Claims Liaison with Insurance Company/Claims Liaison with PGIT Members/Claims Adjustment The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 2 Pursuant to its contract with PGIT,PGCS receives a claims administration fee for those accounts which PGCS services of up to 5%of the non- property portion of the premiums you pay to PGIT. PGIT also utilizes wholesale insurance brokers,some of which(such as Peachtree Special Risk Brokers and MacDuff Underwriters)are owned by Brown&Brown,Inc.,for the placement of PGIT's insurance policies,and for individual risk placements for some PGIT members(excess and surplus lines,professional liability coverage,etc.)The wholesale insurance broker may provide the following services: • Risk Placement • Coverage review • Claims Liaison with Insurance Company • Policy Review • Current Market Intelligence The wholesale insurance broker's compensation is derived from your premium,and is largely dictated by the insurance company.It typically ranges between 10%and 17%of the premiums you pay to PGIT for your coverage.Some wholesale brokers used by Brown to place your coverage may also act as Managing General Agents for various insurance companies,and may be compensated directly by those insurance companies for their services in placing and maintaining coverage with those particular companies. The wholesale insurance brokerage utilized in the placement of your property insurance was Peachtree Special Risk Brokers,which is a company owned by Brown&Brown Inc. Furthermore,any professional liability coverage afforded by the package of insurance you purchased was acquired through Apex Insurance Services, which is also a company owned by Brown&Brown Inc. The brief description of coverage contained In this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 3 Reference Number: 26188 9/14/2009 10:49 AM Named Covered Party: City of Palm Beach Gardens i Term: 10/01/2009 to 10/01/2010 c, • Coverage Provided By: Preferred Governmental Insurance Trust • Renewal Quote No.: WC FL1 0502511 09-08 ESTIMATED ANNUAL PAYROLL Class Code Description Payroll 5509 STREET OR ROAD MAINTENANCE 842,706 7704 FIREFIGHTERS &DRIVERS 10,419,770 7720 POLICE OFFICERS & DRIVERS 10,879,265 8380 AUTOMOBILE SERVICE REPAIR 516,774 8810 CLERICAL 7,036,539 8820 ATTORNEY - ALL EMPL&CLERICAL 299,520 8869 CHILD DAY CAMP/ PROF EMPLOYEES 409,015 9015 BULDINGS - OWNER OR LESSEE 350,649 9060 CLUB-COUNTRY/GOLF/FISH/YACHT 750,843 9102 PARK NOC-EMPLOYEES & DRIVERS 3,766,935 9410 MUNICIPAL NOC 1,130,126 $36,402,142 The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 4 Reference Number: 26188 9/14/2009 10:49 AM = Named Covered Party: City of Palm Beach Gardens ?., Term: 10/01/2009 to 10/01/2010 1' • P; +_;: ,.;, Coverage Provided By: Preferred Governmental Insurance Trust CrIT!'"'' t`5-a Renewal Quote No.: WC FL1 0502511 09-08 EMPLOYERS' LIABILITY COVERAGE Bodily Injury by Accident Each Accident $1,000,000 Bodily Injury by Disease Agreement Limit $1,000,000 Bodily Injury by Disease Each Employee $1,000,000 ESTIMATED BILLING Manual Premium $1,315,756 Experience Modifier 0.820 Estimated Annual Premium $443,297 Minimum Annual Premium $2,000, Monoline$4,000 Drug-Free Credit Included Safety Credit Included Experience Modifiers: Deductible Plan:Gross 0.820 10/01/2009 $75,000 Deductible $75,000 Per Occurence Pay Term:WC-25% Down&9 Equal Installments First payment of$110,974.25 is due 10/01/2009. 9 Monthly Installments of$36,924.75 are due beginning 11/01/2009. Make Checks Payable to Preferred Governmental Insurance Trust The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 5 Reference Number: 26188 9/14/2009 10:49 AM Named Covered Party: City of Palm Beach Gardens fiNi 3 so Term: 10/01/2009 to 10/01/2010 i'„;'.i ,AL,'l dd i Coverage Provided By: Preferred Governmental Insurance Trust Renewal Quote No.: WC FL1 050251109-08 TOTAL PREMIUM DUE $443,297.00 Commission 7.00% RENEWAL QUOTATION TERMS&CONDITIONS INCLUDING BUT NOT LIMITED TO 1.All coverages requested may not be offered in this quote. 2.Quote subject to review and acceptance by PGIT Board of Trustees 3.The Coverage Agreement premium shall be pro-rated as of the first day of coverage from the minimum policy premium. 4.Down payment is due at inception 5.The Trust requires that the Member maintains valid and current certificates of workers' compensation insurance on all work performed by persons otherthan its employees. 6.If NCCI repromulgates a mod,we will honor the mod as promulgated.If the mod changes during the fund year,we reserve the right to apply a correct mod back to the inception date of the Coverage Agreement. 7.Quote was prepared using payrolls supplied by your agency. 8.Safety and Drug Free program credits(if applicable)are subject to program requirements. 9.Payrolls are subject to final audit. 10.Request to Bind must be received in writing via email prior to the effective date of coverage. If request is not received prior to that date there is no coverage and the file is closed. 11.Deletion of any coverage presented, Package and/or Workers'Compensation,will result in repricing of account. 12.Coverage is not bound until confirmation is received from a licensed representative of Public Risk Underwriters. ADDITIONAL TERMS&CONDITIONS INCLUDING BUT NOT LIMITED TO Quote is subject to receipt of the following information within 30 days of binding: • Signed PGIT WC Application • Signed Drug Free and Safety Program Applications • #of employees by class code Revised to one year option The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage,please refer directly to the Coverage Agreement documents. Specimen forms are available upon request. Page 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 24, 2009 Resolution: 79, 2009 Subject/Agenda Item: Consider approval of a purchase agreement with Macmillan Oil Company of Florida, Inc. for unleaded gasoline and fuel oil via State of Florida Term Contract No. 405-000-10-1. [X] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $710,000.00 Council Action: (Total) , [ ]Approved Fina e A ' istrator Michael Morrow [ ]Approved w/ Operations Director conditions Community Services [ ] Denied Advertised: N/A Funding Source: [ ] Continued to: Public Facilities Director Date: [x] Operating Attachments: Paper: [ ]Other Resolution 79, 2009 • Exhibit A: Agreement • Exhibit B:State of Florida Contract Award Information Contract Number 405-000-10-1 Submitte• by: [X] Not Required • 44i1S• Jack Doughn=,Adith Community Services Administrator Department Administrator Affected parties Budget Acct.#: [ ] None Approve. _ / [X] N N. • - 501.3020.539.5230 ' 501.3020.539.5232 iiellP City M-nag [ ] Not required Meeting Date: September 24, 2009 Resolution: 70, 2009 BACKGROUND: This item is in response to the recently released Florida State Term Contract Number 405-000-10-1 for the purchase/deliveries of gasoline and fuel oil involving Macmillan Oil Company of Florida, Inc. Staff desires to piggyback the contract and utilize Macmillan Oil Company of Florida, Inc. as the vendor for gasoline and fuel oil for Fiscal Year 2009/2010. Under this state term contract, free market methodologies for fuel allocation exist (first come, first served basis)for all times during the term of the contract. For fiscal year 2009/2010, $550,000.00 for gasoline and $160,000.00 for diesel fuel totaling $710,000.00 has been budgeted in the Fleet Fund (refer to page 111 of the FY 2008/2009 Budget Book). STAFF RECOMMENDATION: Approve Resolution 70, 2009 authorizing the execution of the of an agreement between the City of Palm Beach Gardens and Macmillan Oil Company of Florida, Inc. for purchase and delivery of unleaded gasoline and fuel oil for fiscal year 2009/2010 via an existing contract with the State of Florida (No. 405-000-10-1). 1 2 RESOLUTION 79, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH 7 MACMILLAN OIL COMPANY OF FLORIDA, INC. FOR THE 8 PURCHASE OF UNLEADED GASOLINE AND FUEL OIL VIA AN 9 EXISTING CONTRACT WITH THE STATE OF FLORIDA (NUMBER 10 405-000-10-1); AUTHORIZING THE MAYOR TO EXECUTE SAID 11 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 12 OTHER PURPOSES. 13 14 15 WHEREAS, the City desires to purchase unleaded gasoline and fuel oil from 16 Macmillan Oil Company of Florida, Inc.; and 17 18 WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to 19 "piggyback" an agreement awarded by another governmental agency pursuant to a 20 competitive sealed bid; and 21 22 WHEREAS, the City wishes to enter into a purchasing agreement with Macmillan 23 Oil Company of Florida, Inc., attached hereto and incorporated herein as Exhibit "A", to 24 provide gasoline and fuel oil to the City on an as-needed basis for fiscal year 25 2009/2010; and 26 27 WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in 28 the best interests of the citizens and residents of the City of Palm Beach Gardens to 29 award this purchase to Macmillan Oil Company of Florida, Inc. based on an agreement 30 executed by the State of Florida effective July 1, 2009, a copy of which is attached 31 hereto as Exhibit "B"; and 32 33 WHEREAS, based on the recommendation of City staff, the City wishes to award 34 a purchase to Macmillan Oil Company of Florida, Inc. to provide such gasoline and fuel 35 oil. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39 OF PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 42 43 SECTION 2. The City Council hereby approves the purchasing agreement with 44 Macmillan Oil Company of Florida, Inc. based on an existing contract with the State of 45 Florida (Number 405-000-10-1) for gasoline and fuel oil. 46 Resolution 51,2009 1 SECTION 3. This Resolution shall become effective immediately upon adoption. 2 3 PASSED AND ADOPTED this day of , 2009. 4 5 6 CITY OF PALM BEACH GARDENS, FLORIDA 7 8 9 BY: 10 Joseph R. Russo, Mayor 11 ATTEST: 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 BY: 23 R. Max Lohman, City Attorney 24 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR LEVY 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER BARNETT 36 37 COUNCILMEMBER PREMUROSO 38 39 40 41 42 ��� 43 44 45 46 47 Z:\Purchasing\Gas&Diesel Fuel Macmillan Oil Company\080509Resolution Macmillan Oil Company of Florida.doc 2 Resolution 70,2009 EXHIBIT "A" AGREEMENT FOR STATE OF FLORIDA CONTRACT# 405-000-10-1 GASOLINE AND FUEL OIL THIS AGREEMENT is made this day of , 2009, by and between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as the "CITY"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and MacMillan Oil Company of Florida, Inc. (hereinafter referred to as the "VENDOR"), whose address is 2955 East 11th Avenue, Hialeah, Florida 33013. WHEREAS, the VENDOR bid on those certain specifications and bid documents for Gasoline and Fuel Oil, Bid Number 405-000-10-1 (hereinafter referred to as "Project"), issued by the State of Florida; and WHEREAS, the VENDOR has been deemed to be the responsive bidder, and the CITY desires to piggyback on the agreement from the VENDOR on the terms and conditions more particularly described below and as contained in the specifications and bid documents for Gasoline and Fuel Oil, State of Florida Bid Number 405-000-10-1, and the VENDOR'S response thereto, all of which are hereinafter incorporated by reference and are referred to as "Specifications and Bid Documents"; and WHEREAS, the VENDOR is desirous of entering into the agreement with the CITY pursuant to the terms and conditions more particularly described herein and pursuant to the Specifications and Bid Documents. 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 VENDOR shall perform the services and duties as provided for in the Specifications and Bid Documents and comply with all of the terms provided for in the Specifications and Bid Documents. 3. This Agreement term shall be in accordance with the Specifications and Bid Documents. The contract amount that the CITY is permitted to spend in connection with the State of Florida and this Agreement with the VENDOR is for an amount not to exceed the budgetary amount appropriated by the City Council for each and every year this contract is in effect. All services and products to be purchased and work to be performed shall be done via a purchase order in such form as determined by the CITY. Nothing herein, however, shall prevent the CITY from seeking a budget amendment should it require additional sums of money for this Project and a change in the scope of services. All purchases pursuant to this Agreement shall be done in accordance with the CITY'S Purchasing and Procurement Manual and procedures thereto. All purchases shall be evidenced by such approved purchase orders. 4. The VENDOR shall provide to the CITY all services, work, and products that are necessary to fulfill its obligations pursuant to the Project and the Specifications and Bid Documents. All prices for the items and work herein shall be in accordance with the VENDOR'S response to the Project and in accordance with the Specifications and Bid Documents. All purchases shall be evidenced by a purchase order from the CITY. 5. The VENDOR shall maintain all insurance as is required by the Specifications and Bid Documents. Prior to commencing any work, performing services, or supplying products, the VENDOR shall provide to the CITY such insurance coverage that the CITY has requested in the Specifications and Bid Documents. In addition, the VENDOR agrees to provide to the CITY such other insurance coverage requested by the CITY'S Department of Risk Management and with such coverage amounts and deductibles as is requested by such Department. The CITY shall require the following insurance with the limits as provided for herein: Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(ies) must include Employers' Liability with limits of one Hundred Thousand Dollars ($100,000.00) each accident, Five Hundred Thousand Dollars ($500,000.00) each disease and One Hundred Thousand Dollars ($100,000.00) aggregate by disease. General Liability Coverage including coverage for Products/Completed Operations Liability on an occurrence basis, Broad Form Property Damage, Personal Injury, the City will not accept any endorsement or modification of the GL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. The required limits may be met by the issuance of an excess or umbrella coverage policy The City shall be named as an additional insured on such policies. Acceptable minimum limits are: $1,000,000 general aggregate $1,000,000 products and completed operations aggregate $1,000,000 personal injury and advertising injury $1,000,000 each occurrence Comprehensive Automobile Liability shall include coverage for owned vehicles, non- owned vehicles, and hired vehicles. Acceptable minimum limits are $1,000,000 combined single limit for bodily injury and property damage. 6. All renewals of this Agreement shall be pursuant to the Specifications and Bid Documents. This Agreement and any renewals thereto are subject to annual appropriations by the City of Palm Beach Gardens, and this Agreement is subject to fiscal funding out by the CITY. 7. The VENDOR agrees, warrants, covenants, and represents that all products, work, and services that it shall perform pursuant to this Agreement, the Project, and the Specifications and Bid Documents 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 2 workmanlike manner. The VENDOR warrants the merchantability and fitness of the products and services as contemplated in this Agreement, the Project, and the Specifications and Bid Documents. The VENDOR agrees to warrant the products, work, and services for a period of one (1) year from the date of acceptance of the work by the CITY or for such warranty period as provided in the Specifications and Bid Documents, whichever is greater. 8. The VENDOR agrees to supply to the CITY adequate personnel to provide timely completion of all projects and support contemplated by this Agreement and pursuant to the Project and the Specifications and Bid Documents. The parties hereto agree that time is of the essence, and the VENDOR agrees to pay such liquidated damages as are provided for in the Specifications and Bid Documents and as are determined by the CITY for failure to comply with such timelines as provided for therein. 9. The VENDOR 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 VENDOR and any other persons or entities employed or utilized by the VENDOR in the performance of this Agreement, the Project, and the Specifications and Bid Documents as it relates to the CITY. 10. In performance of its obligations hereunder, the VENDOR agrees to comply with all applicable laws, rules, regulations, orders, codes, criteria, and standards, whether local, state, or federal. 11. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform as required by this Agreement and it is necessary to replace the subcontractor in order to provide services as required, the VENDOR 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 VENDOR from paying all of its taxes pursuant to this Agreement. 13. In addition to any other termination provisions found in the Specifications and Bid Documents, this Agreement may be terminated by the VENDOR upon thirty (30) days' prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of this Agreement through no fault of the VENDOR. In addition to any other termination provisions found in the Specifications and Bid Documents, this Agreement may be terminated by the CITY, with or without cause, upon thirty (30) days' written notice to the VENDOR. Unless the VENDOR is in breach of this Agreement, the VENDOR shall be paid for services and products 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 VENDOR shall stop work on the date specified. The VENDOR shall not be entitled to any claim of loss of profits from a termination by the CITY. 3 14. Neither the CITY nor the VENDOR 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. 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 VENDOR 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 VENDOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Further, a written waiver in part shall not constitute a waiver of any other part of this Agreement. 20. The invalidity, illegality, 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 this 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. 4 21. The CITY and the VENDOR 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 VENDOR 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 VENDOR. Such modifications shall be in the form of a written amendment executed by both parties. 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 VENDOR: City Manager President City of Palm Beach Gardens MacMillan Oil Company of Florida, Inc. 10500 N. Military Trail 2955 East 11th Avenue Palm Beach Gardens, FL 33410 Hialeah, FL 33013 Notices shall be effective when received at the addresses as specified above. 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 received; however, facsimile transmissions received (i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the VENDOR and the CITY. 24. To the extent the VENDOR has to purchase fuel from another port as a result of a natural disaster, then the VENDOR may be permitted to charge the CITY its proportionate share of transportation charges related to the fuel delivery. All such charges shall be approved by the CITY in advance and in writing as evidenced by a purchase order approved by the CITY and the VENDOR. 5 IN WITNESS WHEREOF, the CITY and the VENDOR have executed this Agreement all as of the day and year first above written. CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor (SEAL) ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL -U FICIENCY By: / // / . • • -rt A. osillo, Asst. City Attorney MACMILLAN OIL COMPANY OF FLORIDA, INC. By: Print NarriL' �cr,��,• CD a iir Title: ,%� o c�i (CORPORATE SEAL) WITNESS: By: a■ Print ame: Eg.,,a /Zo d By: 4c-/w Print Name: 8e 11116 &iex. G:attorney_share\AGREEMENTSWIacMillan Oil Company Piggyback Agreement.doc 6 AFFIDAVIT Before me personally appeared .144vc'o /1 /O"-.T/J on behalf of /04-cm,1 14,"©,'L L0,494,-7 ac Fk i ntity. He has personal knowledge of the matters stated in this Affidavit and makes this Affidavit under penalty of perjury. 1. AMA,--c,'.0 / (0, -5-D is over the age of 21 years. 2. 4/04,.'-6"-° A /0,c—j ° has the authority to execute that certain Agreement with the City of Palm Bch Gardens entitled 'A- ol;,�c 4 ( CJ/ and dated AL, S-f C 2.001 and said entity has taken all actions necessary, legal, or otherwise to enter into this Agreement/Contr ct with the City of Palm Beach Gardens. AA4A,,,c.,'.0 A /o,.-J o is the /2v-e S d r of said entity. 3. /4/1-Ct%//41A' 4i L (a7 -yentity and the party executing this Affidavit understand that material reliance will be placed on this Affidavit by the City of Palm Beach Gardens. DONE THIS Z I) DAY OF /--vG S , 2009. By: As-Affiant, individually and on behalf of said entity named above The foregoing Affidavit was executed by .M4.--64° A (o-4-0 before me this 2n) day of /-I-v' ..s f and Affiant is personally known to me or has produced as identification. dr(—y; NOTARY PUBLIC-STATE OF FLORIDA NOTARY PUBLIC "" Eduardo Rodriguez Commission#DD888542 ..s Expires: MAY 11,2013 My Commission expires: D°DxOTI Mil ATLANTIC EIONDING CO.,INC Resolution 51,2009 EXHIBIT "B" Division dState Purchasing 4050 Esplanade Way Suite 360 T Flo32399-0950 DEPARTMENT 411W MANAGEMENT Tel:850488 iervices Fax 850.414-6122 www.clits.MyRanda.corn Governor Charlie Grist Secretary Linda H.South CERTIFICATION OF CONTRACT TITLE: Bulk Fuel, Gasoline and Diesel CONTRACT NO.: 405-000-10-1 ITB NO.: 21-405-000-X EFFECTIVE: July 1, 2009 through June 30, 2014 CONTRACTOR(S): American Homegrown Fuel Corporation (A) Eli Roberts and Sons, Inc. (A) G. W. Hunter, Inc. (A) Jim Hinton Oil Company, Inc. J. V. Gander Distributors, Inc. (A) L. V. Hiers. Inc. (M) Macmillan Oil Company. (0) Mansfield Oil Company LLC. (A) Midstream Fuel Service LLC. DBA PEPCO (A) Petroleum Traders Corporation (A) Port Consolidated, Inc. (A) SMF Energy Corporation (A) Terrell Industries, Inc. (H) A. AUTHORITY—Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT—This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline and Diesel by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS—All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) We serve those who serve Florida. D. CONTRACTOR PERFORMANCE—Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS—Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) DSP/cw Attachments 2 CONTRACT ADMINISTRATOR NAME: David Bennett TELEPHONE: (850) 921-4072 E-MAIL: David.Bennett(a.dms.mvflorida.com 3 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PURI000 (10/06)] 5.0 SPECIAL CONDITIONS 6.0 TECHNICAL SPECIFICATIONS 7.0 FORMS [The remainder of this page is intentionally left blank (other than footer information)] 4 SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE 1.2 TIMELINE [The remainder of this page is intentionally left blank(other than footer information)] 5 1.1 Purpose and Scope The State of Florida ("State"), Department of Management Services ("Department"), invites interested vendors, including suppliers of Bulk Fuel, Gasoline and Diesel, to submit responses in accordance with these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for the acquisition of Bulk Fuel, Gasoline and Diesel. By submitting a response, each bidder certifies that it satisfies the following criteria, in addition to any other specified in the solicitation documents. The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, and to end June 30, 2014, with potential options to renew per Chapter 287, Florida Statutes. 1.2 Timeline (REVISED 5/29/2009) Issue solicitation within MyFloridaMarketPlace Sourcing Tool May 12, 2009 (Provide notice within Vendor Bid System). MyFloridaMarketPlace (MFMP)training (not mandatory) May 19, 2009 10:00— 11:30 conference call Questions from Respondents due via Q&A Board within MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm May 21, 2009 ET). Post answers to vendor requests for approved equivalents and questions within MyFloridaMarketPlace Sourcing Tool June 1, 2009 and Vendor Bid System. REVISED Solicitation responses due within MyFloridaMarketPlace Sourcing Tool (Some documents in hard copy) (No later than June 5, 2009 4:00 pm ET). REVISED Post Notice of Intended Award within Vendor Bid System (Per Section 2.13, Electronic Posting of Notice of Intended Award). June 16, 2009 REVISED Per Section 2.17, Contract award. Contract Formation DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. [The remainder of this page is intentionally left blank(other than footer information)] 6 Section 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS IPUR1001 (10/06)1 CONTENTS: 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 2.11 PERFORMANCE QUALIFICATIONS. 2.12 PUBLIC OPENING. 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.14 FIRM RESPONSE. 2.15 CLARIFICATIONS/REVISIONS. 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.17 CONTRACT FORMATION. 2.18 CONTRACT OVERLAP. 2.19 PUBLIC RECORDS. 2.20 PROTESTS. 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD. [The remainder of this page is intentionally left blank (other than footer information)] 7 2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the"Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • An electronic signature on the response, generally, • An electronic signature on any form or section specifically calling for a signature, and • An affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 8 2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or 9 a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1) (b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5)workdays prior to the solicitation 10 opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800)955-8771 (TDD). 2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 11 Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21 Limitation on Vendor Contact with Agency during Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 12 Section 3.0 SPECIAL INSTRUCTIONS To RESPONDENTS CONTENTS: 3.1 CONTACT PERSON 3.2 TERMS AND CONDITIONS 3.3 DEFINITIONS 3.4 WHO MAY RESPOND 3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW 3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS 3.7 ESTIMATED QUANTITIES 3.8 SUBMITTAL OF RESPONSE 3.9 EVALUATION CRITERIA 3.10 BASIS FOR AWARD 3.11 STATE OBJECTIVES 3.12 LOBBYING [The remainder of this page is intentionally left blank (other than footer information)] 13 3.1 Contact Person: Refer ALL Inquiries to: David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399-0950 (850)921-4072 (voice) (850)414-6122 (facsimile) David.Bennettci dms.myflorida.corn Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in the solicitation document, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO(866-352-3776)or vendorhelp Ca�mvfloridamarketplace.com. 3.2 Terms and Conditions Potential Respondents are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Section 1.0, Introduction • Section 6.0, Technical Specifications • Section 5.0, Special Conditions • Section 4.0, General Contract Conditions [PUR 1000 (10/06)] • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] • Section 7.0, Price Sheet and Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions. 3.3 Definitions The Definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)], Section 4.1, shall apply to this Section. The following additional terms are also defined: (a) "State" means the State of Florida. (b) "Department" means the Florida Department of Management Services. (c) "Procurement Officer", "Contract Manager", or "Contract Administrator" means the Buyer's contracting personnel, as identified in Section 3.1 or as amended by the Department. 14 (d) "Eligible User" is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History—New 8-24-04. Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. (e) "Vendor(s)" means the entity that believes itself capable and is in the business of providing a Commodity and / or contractual service similar to those within the solicitation, and may or may not respond to the solicitation. (f) "Contractor(s)" means the Respondent that has been awarded and contracts to sell Commodities and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. (g) "Dealer(s)" or "Certified Representative(s)" means a representative authorized to market, sell, and service specific Commodities such as gasoline and diesel. (h) "Commodity(ies)" means a tangible good, which may or may not meet the specifications herein. (i) "Commodity Code(s)" means the State of Florida specified numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. 3.4 Who May Respond The Department will accept Responses from capable suppliers, who are in good standing with the State of Florida, satisfying the requirements, specifications, terms, and conditions of the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated capability to perform a Contract in the State of Florida. Full-service office with business hours of 8:00 A.M. E.S.T. to 5:00 P.M. E.S.T. weekdays (minimum) and with staff capable of handling inquiries and orders on-location during those business hours(including lunch hour). By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and / or documentation. Failure to supply supporting information and / or documentation as required and / or requested will result in disqualification of the Response. 3.5 MyFloridaMarketPlace Solicitation Overview_The Department uses the MyFloridaMarketPlace System ("MFMP") to receive Responses to solicitations electronically. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: httos://vendor.myfloridamarketolace.com/. If you have not registered, please be advised that a minimum of forty-eight (48) hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who wish to submit a Response. 15 3.5.2 3.5.2 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at: http://sourcing.myfloridamarketplace.com/. Optional training on how to respond to this solicitation electronically is offered at: http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm. Download and review the document titled "ITB Event User Guide." • For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: vendorhela a mvfloridamarketplace.com. • For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. On Demand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs 3.5.3 MFMP Sourcing Tool Training for Respondents An optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITB is scheduled on the date indicated on the Timeline at 10:00AM EST. The Conference Call number is (888) 808- 6959. Conference Code 9214072. Please go to: http://dms.mvflorida.com/business operations/state purchasincilmvflorida marketplace/mfmp v endors/vendor toolkit/mfmp sourcing solicitations and review the vendor training link and download the document titled Contractor Training_ITB.ppt. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. No questions regarding the scope and specifications of this solicitation will be answered on this conference call! Additionally, an On-Demand web-based interactive training application to learn how to respond to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another opportunity to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot attend the Optional training conference call or want additional guidance. The link is http://marketplace.myflorida.com/vendor/vendor training.htm click on Responding to Sourcing Event. 3.5.4 MyFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing Tool, be aware of the twenty (20) minute time-out function in the Tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation Responses. The SAVE button does not transmit your solicitation Response to the State. In order to transmit your solicitation Response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation Response. 16 After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted Response within the Sourcing Tool to verify that the Response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the solicitation period in the event you discover an error and need to resubmit a revised Response. To validate your Response, you should do the following before the solicitation period ends: • Go to the "My Bids / My Responses" tab within the Sourcing Tool after you submitted your Response. • Click on the Response ID number of your last submitted Response. • Review entire Response to make sure all responses are complete, accurate, and as you intended to submit. • Minimum areas to check are: • Text boxes— Is your entire answer viewable? • Yes/No questions— Is the displayed answer correct? • All uploaded document files — Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your Response within the Tool (e.g., not an earlier version, incomplete copy, or working copy)? • Pricing and Other Information — Are all Prices and other information you intended to submit visible and accurately captured within Sourcing Tool? • Required Items - Are all items listed in the solicitation completed as required within the Sourcing Tool? DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. 3.5.5 MvFloridaMarketPlace and Vendor Bid System Email Notification Vendors are reminded that the Sourcing Tools' Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment, or close of solicitations. Vendors are responsible for checking the MvFloridaMarketPlace Sourcing Tool and the Vendor Bid System for information and updates concerning solicitations. 3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within MyFloridaMarketPlace and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or changing information concerning the solicitation. 17 3.7 Estimated Quantities To assist Respondents in the solicitation process, average estimated annual historical spend information is provided. Spend information is based on FY 07/08 data. This figure shall not be construed as commitments. • Estimated Annual Usage: 10 million gallons The above figure reflects estimated annual spend generated by Eligible Users of past contracts for similar Commodities and/or contractual services and is not a commitment. Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and /or to assist the Department in evaluating, measuring, and /or scoring Responses to the solicitation and shall not be construed as commitments. 3.8 Submittal of Response 3.8.1 Submittal of Offer Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool (https://sourcing.mvfloridamarketplace.com/). The Response shall include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question responses, and information responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous Responses will not be visible to the State of Florida. Responses not submitted within the MyFloridaMarketPlace Sourcing Tool shall be rejected. The System will require Respondents to review the Solicitation Preparation Checklist (Section 7.1) and confirm that they have completed all required activities before receiving the offer. The Solicitation Preparation Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response. Each Respondent is responsible for ensuring that their offer is accurately and completely submitted before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers after the Solicitation Responses Due Date and Time specified in the Timeline. The Response must be accurate, complete, and submitted in the MyFloridaMarketPlace Sourcing Tool, or as otherwise provided in the solicitation documents, by the date and time specified on the Timeline or the Response shall be deemed non-responsive. 3.8.2 Price Sheet-Responses will be submitted in Pricing Section in the Sourcing Tool Sheet, . 3.8.3 Savings / Price Reductions Respondent shall submit one (1) accurately completed Savings / Price Reductions form (Section 7.3) entered electronically in the MyFloridaMarketPlace Sourcing Tool with their Response containing the required savings information for each Commodity offered and a method(s) for the Department to verify the savings information provided. Failure to provide the Savings/ Price Reductions form with the Response may result in the Respondent being deemed non-responsive. 3.8.4 Ordering Instructions Respondent shall submit one (1) completed Ordering Instructions Form (contained within Section 7.2, Price Sheet) with their Response identifying persons responsible for answering questions about the Response and administering the Contract, if awarded, and 18 shall provide information necessary for placing orders under the Contract, if awarded. The Ordering Instructions Form will be submitted with their response, to the Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the solicitation. Failure to provide the Ordering Instructions Form with the Response will result in the Respondent being deemed non-responsive. 3.9 Evaluation Criteria The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non-responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. 3.10 Basis for Award The Department intends awards to one or more (not to exceed three) responsive low bidders on a county by county basis for each item number listed on the Price Sheets. 3.11 State Objectives Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items/services covered by this solicitation. 3.11.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at(850)487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the State's procurement process as both Contractors and Sub-Contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other programs/office of supplier diversity osd/. Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and 19 or handling of any hazardous waste generated by Contractor's company. Reference Rule 62- 730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.11.3 Certification of Druq-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, one preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the Certification of Drug-Free Workplace form included in Section 7.6 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.orq. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.12 Lobbying Please reference Section 2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. [The remainder of this page is intentionally left blank (other than footer information)] 20 SECTION 4.0 GENERAL CONTRACT CONDITIONS(PUR1000(10/06)1 CONTENTS: 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.7 INSPECTION AT CONTRACTOR'S SITE. 4.8 SAFETY STANDARDS. 4.9 AMERICANS WITH DISABILITIES ACT. 4.10 LITERATURE. 4.11 TRANSPORTATION AND DELIVERY. 4.12 INSTALLATION. 4.13 RISK OF Loss. 4.14 TRANSACTION FEE. . 4.15 INVOICING AND PAYMENT. 4.16 TAXES. 4.17 GOVERNMENTAL RESTRICTIONS. 4.18 LOBBYING AND INTEGRITY. 4.19 INDEMNIFICATION. 4.20 LIMITATION OF LIABILITY. 4.21 SUSPENSION OF WORK. 4.22 TERMINATION FOR CONVENIENCE. 4.23 TERMINATION FOR CAUSE. 4.24 FORCE MAJEURE, NOTICE OF DELAY,AND NO DAMAGES FOR DELAY. 4.25 CHANGES. 4.26 RENEWAL. 4.27 PURCHASE ORDER DURATION. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 ANTITRUST ASSIGNMENT. 4.31 DISPUTE RESOLUTION. 4.32 EMPLOYEES, SUBCONTRACTORS,AND AGENTS. 4.33 SECURITY AND CONFIDENTIALITY. 4.34 CONTRACTOR EMPLOYEES,SUBCONTRACTORS,AND OTHER AGENTS. 4.35 INSURANCE REQUIREMENTS. 4.36 WARRANTY OF AUTHORITY. 4.37 WARRANTY OF ABILITY TO PERFORM. 4.38 NOTICES. 4.39 LEASES AND INSTALLMENT PURCHASES. 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC.(PRIDE). 4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42 MODIFICATION OF TERMS. 4.43 COOPERATIVE PURCHASING. 4.44 WAIVER. 4.45 ANNUAL APPROPRIATIONS. 4.46 EXECUTION IN COUNTERPARTS. 4.47 SEVERABILITY. [The remainder of this page is intentionally left blank(other than footer information)] 21 4.1 Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 22 (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1)the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of 23 defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be 24 submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or(2)offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1)three years after the expiration of the Contract or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, 25 provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises 26 from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or(3)terminate the Contract in whole or in part. 4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. 27 Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of . receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. 28 Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor.Upon request,the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 29 4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment- purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at htt •://www.oridefl.com. 4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 30 4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.45 Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. [The remainder of this page is intentionally left blank (other than footer information)] 31 SECTION 5.0 SPECIAL CONDITIONS CONTENTS: 5.1 DEFINITIONS 5.2 PERIOD OF AGREEMENT 5.3 CATALOG DATA 5.4 ORDERING INSTRUCTIONS INFORMATION 5.5 TRANSACTION FEE REPORTS 5.6 SALES SUMMARY 5.7 COMPLIANCE WITH LAWS [The remainder of this page is intentionally left blank (other than footer information)] 32 5.1 Definitions The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section. 5.2 Period of Agreement The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17, and end June 30, 2014. This agreement has the option to renew in accordance with Section 287.057(13), F.S. Renewal is contingent upon satisfactory performance by the Contractor and final approval by the Department. 5.3 Catalog Data The MyFloridaMarketPlace ("MFMP") third-party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider(This format is generally Microsoft ExcelTM) Within ten (10) business days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor Name, Commodity Description (using complete Contract Price Sheet Description), unit of measure, and Contract Price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the Contractor's timely assistance, the Service Provider shall create and maintain web-based placement of the requested Contract information. 5.4 Ordering Instructions Information Completed Ordering Instructions shall be uploaded into Section 7.2, Ordering Instructions. The Ordering Instructions contained within Section 7.2, Ordering Instructions, will contain current information relevant to the acquisition of Commodities under the Contract. This information shall include, but not be limited to, the Contractor's name and identifying number with their contact information; the Contractor's Contract Representative with their contact information, the Contractor's Remit-To Address, and a list of Department maintained instructions to assist Eligible Users in placing orders under the Contract. The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing and received by the Contract Administrator no later than five (5) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change, or may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will best assist Eligible Users. 5.5 Transaction Fee Reports: The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.mvflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessing( myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5.6 Sales Summary Reports In addition to the MFMP Transaction Fee reporting requirements the following minimum data shall be reported by the Contractor to the Department on an annual Contract basis: 33 • The report shall be in MS Excel (version 2003 or later) • Contractor's name • Reporting period • Format shall include columns for the following information: • State Agency Name or Eligible User Name 1. Type of fuel 2. Number of gallons 3. Total dollar value of purchases Failure to provide quarterly reports, including no sales, within thirty(30) calendar days following the end of each Contract year may result in the Contractor being found in default and the subsequent cancellation of the Contract by State Purchasing. Contractor shall report to the Department its Contract-associated spend with both certified and non- certified minority business enterprises (CMBE and MBE's). Reports must include the period covered; the name, minority code, and Federal Employer Identification Number of each MBE utilized during the period; commodities and services provided by the (C)MBE; and the amount paid to each (C)MBE on behalf of each purchasing agency ordering under the terms of this Contract. Submission of Contract Sales Summaries is the responsibility of the Contractor, without prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature. 5.7 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. [The remainder of this page is intentionally left blank(other than footer information)] 34 SECTION 6.0 TECHNICAL SPECIFICATIONS Contents 6.01 Definitions 6.02 Deliverables 6.03 Scope of Work 6.04 Fuel Sites and Accessibility 6.05 Delivery of Fuel 6.06 Fault and Responsibility 6.07 Measurements 6.08 Fuel Terminals 6.09 Minimum Delivery 6.10 Prices 6.11 Markup 6.12 Allowable Charges 6.13 Invoicing and Payment 6.14 Maintenance 6.15 Taxes 6.16 DTN FastRacks 6.17 Fuel Permits 6.18 Schedule and Damages 6.19 Federal and State Standards 6.20 Specifications 6.1 Definitions: The Parties agree that capitalized terms shall have the meaning ascribed below: "Biodiesel" shall mean an alternative Fuel consisting of an ultra low sulfur no. 2 diesel fuel and a requested blend of soybean oil. "BQ-9000®" a cooperative and voluntary program for the accreditation of producers and marketers of biodiesel fuel created by the National Biodiesel Accreditation Program. "DTN FastRacks Averages" shall mean the fuel pricing service provided by the Data Transmission Network, an industry benchmark for pricing Fuel and other commodities. This Contract shall use the daily rack averages as established by the DTN FastRacks Averages. Fuel prices are listed for terminals by regions in reports called PAD Reports. The State of Florida uses terminals listed in the PAD 1 Report(DTN Fastracks). Fuel terminals are more particularly detailed in section 6.08. "Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall include unleaded E10 gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road, dyed diesel and biodiesel to be delivered to State and Customer facilities as defined in section 6.09. "Markup" shall mean the Contractor's price to cover all costs associated with providing Fuel to State and Customer facilities as more particularly detailed in section 6.10. Markup will mean both positive and negative numbers. Markups may differ based on where the Fuel is obtained according to the Fuel terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis. The Contractor shall assess no other fees associated with the delivery of Fuel except as more particularly detailed in section 6.12. 35 "Transport Delivery" shall mean a delivery by a transport truck with a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel and 7,200 gallons for a combination load of gasoline and diesel. 6.2 Deliverables: The Contractor shall deliver the following product, as more particularly detailed in sections 6.03 to 6.20. 6.3 Scope of Work: This Contract is to provide Fuel for the State and Customers in the State of Florida. The Department seeks to improve quality and efficiency of services delivered, improve Customer services and reduce cost. The Contractor must efficiently provide Fuel to meet the requirements of the Customer. The bidder must meet the following requirements: • Fuel will be available to all eligible Customers in the State of Florida. (It is anticipated that Customers will use approximately 10,000,000 gallons annually under the resulting Contract, if any.) • Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest terminal used to service the Customer's facility. Averages are posted in the DTN FastRacks report distributed each morning. Biodiesel costs will use the above plus the published Monday price for soybean oil in the Tuesday edition of the Wall Street Journal. Price is more particularly detailed in section 6.10. • Markups will be established for each type of Fuel for each county based on the minimum delivery requirements as detailed in section 6.09. Customer facilities, located in each county, will use the same Markups based on their requirements. Markup for Fuel shall be based on a price per gallon basis. • Fuel costs shall exclude any taxes and/or fees that the Customer is exempt from paying. All Fuel costs will include the DTN FastRacks Averages, the Contractor's Markup and all applicable taxes and/or petroleum associated fees allowed. Other service/delivery charges may apply as detailed in sections 6.10 and 6.12. • The invoice price shall reflect the actual date of delivery. 6.04 Fuel Sites and Accessibility: All Customer tanks shall be properly equipped to enable Contractor to safely deliver Fuel. The Contractor shall notify Customer of all situations that may be deemed unsafe. A Contractor may refuse to deliver Fuel to an unsafe Fuel site until the safety issue is resolved. A back haul charge may apply if a Contractor attempts to deliver Fuel and the Fuel site is deemed unsafe. The Customer shall be responsible for having proper equipment installed. Customer shall work with Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being fueled. Customer may be subject to an excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. These charges are listed in section 6.12. 6.05 Delivery of Fuel: Fuel is to be delivered to the Customer's tank(s) within 48 hours after telephone notification is received unless specified otherwise by the Customer. For new accounts, the Contractor will be allowed additional time to enter all required account information into their ordering/billing system to establish the new account. This time will be agreed upon by the Customer and the Contractor. The State prefers that vehicles equipped with meters make delivery. If non-metered vehicles are used, the driver shall leave a metered loading report from the terminal with the Customer. If temperature corrected billing is used, the loading report shall give all pertinent information. Customer may be subject to a service charge if request is for same day delivery. This charge is listed in section 6.12. Before unloading of Fuel begins, Customer personnel and Contractor personnel shall measure the Customer's tank(s) to receive Fuel and shall again measure the tank(s) after delivery. Customer may be subject to a back haul charge if the Customer orders more Fuel than the Customer's tank(s) can hold upon delivery and a portion of the Fuel ordered has to be returned. This charge is listed in section 6.12. 36 Scheduled delivery service is for delivery of Fuel by the Contractor to the Customer's tank(s) under the time frame as agreed upon by the Contractor and Customer. 6.06 Fault And Responsibility: The party at fault will be responsible for all direct costs incurred to correct a problem. Problems may include but not limited to misorders by Customer, Fuel spills, delivering wrong Fuel to Customer by Contractor, cross-fueling by Contractor at Customer's facility, etc. 6.07 Measurements: Customary measurements appearing in these specifications are not intended to preclude bids for commodities with metric measurements. 6.08 Fuel Terminals: Price will be determined using the DTN FastRacks Average price for the closest appropriate terminal, on the date of delivery to the Customer, regardless of when or where the Contractor actually obtained Fuel. The following terminals are used to refer to the DTN FastRacks Average prices: • Jacksonville • Miami • Orlando • Panama City • Pensacola • Tampa • Bainbridge, GA 6.09 Minimum Delivery: Minimum delivery on this Contract shall 8,000 gallons for a Transport Delivery for gasoline; 7,200 gallons for a Transport Delivery for diesel; and 7,200 gallons for a combination load Transport Delivery of gasoline and diesel. 6.10 Prices: Prices shall be submitted on Customer invoices as follows: Fuel Cost shall be determined by the date and county in which delivery of Fuel is made. Fuel cost shall include: o Gasoline and Diesel: Prices will be calculated using the following information: • DTN FastRacks Average daily price as determined by the closest appropriate terminal for Fuel. • Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. • All applicable Fuel taxes and/or petroleum associated fees as determined by the county in which delivery of Fuel is made. • All applicable delivery and/or service charges as allowed. Biodiesel: Biodiesel prices shall be determined by the date and county in which delivery of Fuel is made. Biodiesel prices will be calculated using the following information: • DTN FastRacks Averages daily price as determined by the closest appropriate terminal for Ultra Low Sulfur no. 2 diesel. This daily price will be used to calculate the diesel portion charged by the Contractor for Biodiesel. • The published Monday closing price for soybean oil, as printed in the Tuesday edition of the Wall Street Journal under "Fats and Oils" in the "Cash Prices" column. This weekly price will be used to calculate the bio portion of the total charged by the Contractor for Biodiesel. 37 • This price is listed in pounds and will be converted to gallons using the following conversion equivalence: 7.35 lbs = 1 gallon This weekly price will be used to make up the remainder of the total charged by the Contractor for Biodiesel. Sample Calculations: B20 whole sale price = 0.80 times the price for ultra low sulfur no. 2 diesel plus 0.20 times the price for soybean oil. B10 whole sale price = 0.90 times the price for ultra low sulfur no. 2 diesel plus 0.10 times the price for soybean oil. B5 whole sale price = 0.95 times the price for ultra low sulfur no. 2 diesel plus 0.05 times the price for soybean oil. Price will be in effect on the published date through the next published date. If no Monday price is published, then the next available published price will apply (Tuesday, Wednesday, etc.). • Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. • All applicable Fuel taxes and/or petroleum associated fees as determined by the county in which delivery of Fuel is made. • All applicable delivery and/or service charges as allowed. While it is anticipated that 90+% of the Biodiesel purchased by the State will be B20, the vendor must be willing to delivery any requested blend. The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer. 6.11 Markup: The Markup shall be noted on the Price Sheet as follows: • Discount Markup—A Discount Markup shall be noted as a negative number, using either a minus sign"-.xx" or enclosed within parentheses"(.xx)",i.e."-.01"or"(.01)". • Markup—All other prices will be construed as a positive number for the Markup. The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to include. The Transaction Fee required by section 4.14 shall also be included in the Markup or Discount Markup. Prices shall be per gallon for the Markup or Discount Markup. 38 6.12 Allowable Charges: The Contractor may assess the following charges on the invoice: • Delivery charge as allowed as described in section 6.09. • Freight charges will apply on all Transport Deliveries. Charge will apply to Transport Delivery as defined in section 6.09 or to the actual gallons delivered. • Pump off charge for Transport Delivery, $20.00. May be charged more than once if Transport Delivery truck is required to relocate to deliver to additional tanks. Maximum pump off charge, $50.00 per Transport Delivery. • Excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. Will be charged $5.00 per 15 minute increment past the initial 30 minutes. • Back haul charge if Customer orders more than tanks can hold. Charge will vary per incident. 6.13 Invoicing and Payment: The Contractor agrees to be paid upon submission of properly certified invoices to the Customer for Fuel purchased as defined in section 6.10 of this solicitation document. Invoices shall be submitted to the Customer for each delivery made. The Contractor shall submit invoices for Fuel in sufficient detail for a proper preaudit and postaudit thereof, pursuant to section 287.058 of the Florida Statutes. The Customer agrees that payments to the Contractor will be made in accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida Statutes. 6.14 Maintenance: The Customer shall maintain all tanks and dispensing equipment associated with their facility in good working order for the duration of the Contract. 6.15 Taxes: Invoice Fuel prices are not to include any State of Florida and/or Federal taxes from which the State and/or Customer is exempt. Any questions regarding applicable Fuel taxes may be directed to the Department of Revenue at (850) 488-2900. 6.16 DTN FastRacks: The Contractor and Customer may subscribe to the DTN FastRacks Averages by calling DTN's Sales Department at 1-800-779-5775, option 2. Ask for the State of Florida Contract subscription. 6.17 Fuel Permits: The State and/or Customer will be responsible for all facility required permits pertaining to Fuel storage and handling in accordance with all local, state and federal laws. 6.18 Schedule and Damages: The Contractor agrees to pay any and all actual damages in the event of a default by Contractor due to late completion of services. The Contractor shall reimburse the Customer for any and all reprocurement costs incurred by the Customer due to Contractor's failure to deliver, as well any and all out-of-pocket expenses the Customer directly or indirectly incurs related to the late delivery and/or completion of the services. 6.19 Federal and State Standards: It is the intent of the Department that all specifications herein are in full and complete compliance with all Federal and State of Florida laws and regulations applicable to the type and class of Commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards ("FMVSS"), Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency ("EPA") Standards, and State of Florida requirements that apply to the type and class of Commodity being provided. In addition, any Federal or State legislation that should become effective during the term of the Contract, including any renewals, regarding equipment safety or emissions shall immediately become a requirement of the Contract. The Contractor must meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor must contact the Contract Administrator immediately. Delivery of non-conforming product shall be cause for Contract termination and possible Contractor suspension. 6.20 Diesel and Gasoline Specifications: The Contractors will provide gasoline, diesel and/or Biodiesel per the following specifications: 39 6.20.1 405-120-250-0600 Biodiesel Fuel, Blend Blend of biodiesel and a percentage percent ultra- low sulfur petroleum diesel, for use in over the road diesel engine, meeting the A.S.T.M specification D6751 for pure biodiesel shall consist of mono-alkyl esters of long chain fatty acids derived from new and used vegetable oils and animal fats, designated B100, before blending with grade no. 2-D low petroleum diesel per A.S.T.M. specification D975, final product shall comply with Florida Department of Agriculture and Consumer Services inspection laws. Certified under the BQ9000 quality program. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. The freight charge will apply to the difference in gallons, between the minimum gallons listed and the gallons actually delivered. Freight charges will not be included in the Transport Delivery Markup. 6.20.2 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, 40 cetane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.3 405-120-270-0030 Ultra Low Sulfur Fuel Diesel Fuel, Red Dye, Grade No. 2-D for use in off the road diesel engine, per A.S.T.M. specification D975, Grade #2 S15 complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. It shall have a minimum cetane number of 40 using ASTM D613. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.4 405-220-930-7800 Gasoline E10, Unleaded 87 Octane:, Conforming to Florida Administrative Code 5F-2.001, Florida Department of Agriculture and Consumer Services. To be delivered as ordered via transport truck in full loads, minimum delivery 8,000 Gallons. Freight charges will not be included in the Transport Delivery Markup. 40 SECTION 7.0 FORMS CONTENTS: 7.1 SOLICITATION PREPARATION CHECKLIST 7.2 ORDERING INSTRUCTIONS 7.3 SAVINGS/PRICE REDUCTIONS 7.4 CONTRACT SIGNATURE PAGE (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.5 CERTIFICATION OF DRUG-FREE WORKPLACE [The remainder of this page is intentionally left blank(other than footer information)] 41 7.1 Solicitation Preparation Checklist The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the requirements, terms, and conditions of all previous or existing agreements with State of Florida agencies. Download, read, and understand the entire solicitation, including all attachments (ITB No. 21- 405-000-X; Bulk Fuel, Gasoline and Diesel: Sections 1.0 through 7.5 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents). Reviewed the Timeline, Section 1.2 of the solicitation. If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776)or vendorhelo mvfloridamarketDlace.com. Submitted any questions to the MyFloridaMarketPlace Q&A Board (no later than as specified in the Timeline, Section 1.2 of the solicitation). Viewed answers to submitted questions as posted in any Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and/or Vendor Bid System. Responded and submitted ITB response in MyFloridaMarketPlace sourcing tool in accordance with Solicitation Timeline. Provided answers to all required questions within the MyFloridaMarketPlace Sourcing Tool. Submitted response using the MyFloridaMarketPlace Sourcing Tool. David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399-0950 The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. See the complete requirements, specifications, terms, and conditions of the solicitation for details. 42 7.2 Ordering Instructions Bulk Fuel, Gasoline and Diesel ITB No.21-405-000-X VENDOR NAME: VENDOR TAX ID NUMBER: Ordering Information: Please provide the following information about where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Name: Title: Street Address or P.O. Box: City, State, Zip: Email Address: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Please identify the person who will be responsible for maintaining your electronic catalog information through MyFloridaMarketPlace. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Please be advised that vendors are responsible for verifying and maintaining the correct contact and address information within their MyFloridaMarketPlace vendor registration account. Failure to do so may result in the vendor being deemed ineligible to conduct business with the State of Florida. 43 7.3 Savings/Price Reductions Bulk Fuel, Gasoline and Diesel PTB No.21-405-000-X DATE The Respondent is required to furnish the percent (%) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. COMPETITIVE PRICES OFFERED PROVIDE THE FOLLOWING PERCENTAGE OF SAVINGS: HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at[URL], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: BIDDER/RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: PUR 7064 (Rev 2/04) 44 7.4 CONTRACT Bulk Fuel, Gasoline and Diesel ITB No. 21-405-000-X This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor ("Contractor"). The Contractor responded to the Department's Invitation to Bid No. 21-405-000-X, Bulk Fuel, Gasoline and Diesel. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor may charge Eligible Customers, are identified on the attached Price Sheets. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date, with the initial contract term ending June 30, 2014. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document, including Price Sheets • Technical Specifications • Special Conditions • General Contract Conditions (PUR 1000) • Special Instructions to Respondents • General Instruction to Respondents (PUR 1001) • Any Purchase Order under the Contract • Contractor's bid State of Florida, Date Department of Management Services By: Linda H. South, Secretary Contractor Name: (Seal) Street Address or P.O. Box: City, State, Zip: By: Date Its: 45 7.5 CERTIFICATION OF DRUG-FREE WORKPLACE Bulk Fuel, Gasoline and Diesel ITB No.21-405-000-X Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference shall be given to an offer received from a Respondent that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under the solicitation a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under the solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. RESPONDENT'S NAME: By: Authorized Signature Print Name and Title 46 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: American Homegrown Fuel Corporation (A) Organization FEID Number: 06-1711629 MFMP / SPURS Vendor Number: 06-1711629-001 Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-mail Address: iohn @fcbio.com Internet Address: http://www.fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Fax Number: 309-415-9093 Remit Address: Organization Name: American Homearown Fuel Corporation Remit-To Street Address: 13852 Waterchase Way Remit-To City, State, Zip: Jacksonville, FL 32224-0806 Contract Administrator: Name: John Magwood Title: President Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-Mail Address: john @fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 309-415-9093 47 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Eli Roberts and Sons, Inc (A) Organization FEID Number: 59-3232755 MFMP/ SPURS Vendor Number: 59-3232755-001 Name: Elaine Lawrence Title: Dispatcher Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee, Florida 32310 E-mail Address: elaine@eliroberts.com Internet Address: n/a Telephone Number: 850-576-3145 Toll-Free Number: n/a Fax Number: 850-574-3788 Remit Address: Organization Name: Eli Roberts and Sons, Inc Remit-To Street Address: 2195 Lake Bradford Road Remit-To City, State, Zip: Tallahassee, Florida 32310 Contract Administrator: Name: Fonda Neel Title: Account Manager Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee, Florida 32310 E-Mail Address: fonda@eliroberts.com Telephone Number: 850-576-3145 Toll-Free Number: n/a Cell Phone Number(Optional): n/a Fax Number: 850-574-3788 48 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: G. W. Hunter, Inc. (A) Organization FEID Number: 59-1615975 MFMP / SPURS Vendor Number: 59-1615975-001 Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-mail Address: tlhuntergwhunterinc.com Internet Address: n/a Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 Remit Address: Organization Name: G. W. Hunter, Inc. Remit-To Street Address: PO Box 958 Remit-To City, State, Zip: Lake City, FL 32056 Contract Administrator: Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-Mail Address: tlhunter(a�gwhunterinc.corn Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 49 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Jim Hinton Oil Co., Inc. (A) Organization FEID Number: 59-1275843 MFMP/ SPURS Vendor Number: 59-1275843-011 Name: Bill Bozeman Title: Operations Manager Street Address: 204 North East Haines St. Street Address: P 0 Box 39 City, State, and Zip: Live Oak, FL 32064 E-mail Address: bbozeman(&.hintonoil.com Internet Address: n/a Telephone Number: 386-362-2935 Toll-Free Number: 800-361-2935 Fax Number: 386-362-5961 Remit Address: Organization Name: Jim Hinton Oil Co., Inc. Remit-To Street Address: 204 North East Haines St Remit-To City, State, Zip: Live Oak, FL 32064 Contract Administrator: Name: Garry Vann Title: Sales Manager Street Address: 204 North East Haines St City, State, and Zip: Live Oak, FL 32064 E-Mail Address: gvann(c�hintonoil.com Telephone Number: 386-590-6231 Toll-Free Number: 800-361-2935 Fax Number: 386-362-5961 50 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: J.V. Gander Distributors, Inc. (A) Organization FEID Number: 59-1986161 MFMP / SPURS Vendor Number: 59-1986161-004 Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-mail Address: jimjvgander.com Internet Address: http://www.jvgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 Remit Address: Organization Name: _ J.V. Gander Distributors, Inc. Remit-To Street Address: P. O. Box 70 Remit-To City, State, Zip: Apalachicola, FL 32320 Contract Administrator: Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-Mail Address: iimvgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 51 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: L.V. Hiers, Inc. (A) Organization FEID Number: 59-2011260 MFMP / SPURS Vendor Number: 59-2011260-001 Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone@lvhiers.com Internet Address: http://www.lvhiers.com/ Telephone Number: 904-259-2314 Toll-Free Number: n/a Fax Number: 904-259-4518 Remit Address: Organization Name: L.V. Hiers, Inc. Remit-To Street Address: P. O. Box 1229 Remit-To City, State, Zip: Macclenny, FL 32063 Contract Administrator: Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone @lvhiers.com Telephone Number: 904-259-2314 Fax Number: 904-259-4518 52 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Macmillan Oil Company of Florida, Inc. (0) Organization FEID Number: 59-0648243 MFMP/ SPURS Vendor Number: 59-0648243-001 Name: Eduardo Rodriguez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardo@macmillanoil.net Internet Address: n/a Telephone Number: 305-283-8580 Toll-Free Number: n/a Fax Number: 305-691-7817 Remit Address: Organization Name: Macmillan Oil Company of Florida, Inc. Remit-To Street Address: 2955 East 11th Avenue Remit-To City, State, Zip: Hialeah, FL 33013 Contract Administrator: Name: Eduardo Rodriguez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardoamacmillanoil.net Telephone Number: 305-283-8580 Fax Number: 305-691-7817 53 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Mansfield Oil Company (A) Organization FEID Number: 58-1091383 MFMP / SPURS Vendor Number: 58-1091383-001 Name: Bill Hammond Title: Customer Service Supervisor Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-mail Address: BHammondaMansfieldOil.com Internet Address: www.mansfieldoil.com Toll-Free Number: 800-255-6699 ext. 2082 Telephone Number: 678-450-2135 Fax Number: 800-283-3835 Remit Address: Organization Name: Mansfield Oil Company Remit-To Street Address: P. O. Box 934067 Remit-To City, State, Zip: Atlanta, GA 30501 Contract Administrator: Name: Ginger McDaniel Title: Government Sales Analyst Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-Mail Address: GMcDaniel aaMansfieldOil.com Toll-Free Number: 800-255-6699 ext. 2135 Telephone Number: 678-450-2135 Fax Number: 678-450-2280 54 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Midstream Fuel Service LLC. dba PEPCO (A) Organization FEID Number: 63-0695291 MFMP / SPURS Vendor Number: 63-0695291-002 Name: Greg Gorken Title: Sales Representative Street Address: 1001 McClosky Blvd City, State, and Zip: Tampa, FL 33605 E-mail Address: greg.gorkenmartinmlp.com Internet Address: http://www.midstreamfuel.com Telephone Number: 813-468-6476 Toll-Free Number: 800-299-5984 Fax Number: 813-248-1373 Remit Address: Organization Name: Midstream Fuel Service LLC. Remit-To Address: P. O. Box 3093 Remit-To City, State, Zip: Houston, TX 77253-3093 Contract Administrator: Name: Glenn Kourik Title: General Manager Street Address: 1001 McClosky Blvd City, State, and Zip: Tampa, FL 33605 E-Mail Address: glenn.kourikQmartinmlp.com Toll-Free Number: 800-299-5984 Telephone Number: 813-248-2105 Fax Number: 813-248-1373 55 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Petroleum Traders Corporation Organization FEID Number: 35-1462227 MFMP / SPURS Vendor Number: 35-1462227-001 Name: Gayle Newton & Contract Sales Staff Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewtonpetroleumtraders.com Internet Address: www.petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 Remit Address: Organization Name: Petroleum Traders Corporation Remit-To Street Address: 7120 Pointe Inverness Way Remit-To City, State, Zip: Fort Wayne, IN 46804-7928 Contract Administrator: Name: Gayle Newton Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewton @petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 56 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Port Consolidated Corporation (A) Organization FEID Number: 59-1173292 MFMP / SPURS Vendor Number: 59-1173292-001 Name: Fay Francisco Title: Customer Service Street Address: 3141 SE 14th Ave. P. O. Box Address: P. O. Box 350430 City, State, and Zip: Fort Lauderdale, FL 33335-0430 E-mail Address: ffrancisco(c�portconsolidated.com Internet Address: http://www.portconsolidated.com Toll-Free Number: 800-683-5823 Telephone Number: 954-522-1182 Fax Number: 954-527-1191 Remit Address: Organization Name: Port Consolidated Corporation Remit-To Street Address: P. O. Box 350430 Remit-To City, State, Zip: Fort Lauderdale, FL 33335-0430 Contract Administrator: Name: Don Carlton Title: Vice -President Street Address: 3141 SE 14th Ave. City, State, and Zip: Fort Lauderdale, FL 33316 E-Mail Address: dcarltonca portconsolidated.com Toll-Free Number: 800-683-5823 Telephone Number: 954-522-1182 Fax Number: 954-527-1191 57 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: SMF Energy Corporation Organization FEID Number: 65-0707824 MFMP / SPURS Vendor Number: 65-0707824-002 Name: James Almeida or Melanie Marauszwski Title: Inside Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: Fort Lauderdale, Florida 33309 E-mail Address: ialmeida(a mobilefueling.com or mmarauszwski(a�mobilefueling.com Internet Address: www.mobilefueling.com Toll-Free Number: 800-383-5734 Telephone Number: 954-308-4198 Fax Number: 954-308-4221 Remit Address: Organization Name: SMF Energy Corporation Remit-To Address: P. O. Box 932640 Remit-To City, State, Zip: Atlanta, GA 31193-2640 Contract Administrator: Name: Steve Leavitt Title: Vice-President of Marketing and Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: Fort Lauderdale, Florida 33309 E-Mail Address: sleavitt(a�mobilefueling.com Telephone Number: 954-308-4183/954-308-4200 Fax Number: 954-308-4219 58 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Terrell Industries Inc. (A) Organization FEID Number: 65-0530148 MFMP / SPURS Vendor Number: 65-0530148-001 Name: Grady Terrell, Ill Title: President Street Address: 2067 1st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E-mail Address: gterrell@verizon.net Internet Address: http://terrellindustries.com/ Toll-Free Number: n/a Telephone Number: 727-823-4424 Fax Number: 727-823-3977 Remit Address: Organization Name: Terrell Industries Inc. Remit-To Street Address: 2067 1st Avenue North Remit-To City, State, Zip: St. Petersburg, FL 33713 Contract Administrator: Name: Grady Terrell, III Title: President Street Address: 2067 1st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E-mail Address: gterrell@verizon.net Telephone Number: 727-823-4424 Fax Number: 727-823-3977 59 State Term Contract No. 405-000-10-1 ; Bulk Fuel, Gasoline and Diesel Section 4.0, Southern Counties Price Sheet This State Contract contains awards for transport delivery only This State Contract contains awards for transport delivery only. In accordance with best purchasing practices, buyers are urged to use the lowest price whenever possible. 4.1 Broward 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0220 SMF Energy Corporation $0.0350 Mansfield Oil Company LLC. $0.0360 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0220 SMF Energy Corporation $0.0350 Mansfield Oil Company LLC. $0.0395 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0320 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0160 Mansfield Oil Company LLC. $0.0250 SMF Energy Corporation $0.0350 4.2 Collier 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 Terrell Industries, Inc. $0.1100 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 Terrell Industries, Inc. $0.1100 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Terrell Industries, Inc. $0.2200 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 Terrell Industries, Inc. $0.1100 4.3 Dade 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0230 Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0230 Mansfield Oil Company LLC. $0.0395 SMF Energy Corporation $0.0407 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0330 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0170 Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.4 Glades 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Midstream Fuel Service dba Pepco $0.0270 Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Midstream Fuel Service dba Pepco $0.0270 Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Terrell Industries, Inc. $0.2500 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Midstream Fuel Service dba Pepco $0.0330 Petroleum Traders Corporation $0.0406 4.5 Hendry 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 Terrell Industries, Inc. $0.1100 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 Terrell Industries, Inc. $0.1100 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Terrell Industries, Inc. $0.2500 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 Terrell Industries, Inc. $0.1100 4.6 Martin 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 Port Consolidated, Inc. $0.0690 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 Port Consolidated, Inc. $0.0690 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Port Consolidated, Inc. $0.0690 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 Port Consolidated, Inc. $0.0690 4.7 Monroe 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 Macmillan Oil Company $0.0670 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 Macmillan Oil Company $0.0670 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Macmillan Oil Company $0.0770 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 Macmillan Oil Company $0.0630 4.8 Palm Beach 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0250 Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0250 Mansfield Oil Company LLC. $0.0395 SMF Energy Corporation $0.0403 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0350 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0180 Mansfield Oil Company LLC. $0.0250 SMF Energy Corporation $0.0403 v - CITY OF PALM BEACH GARDENS paw Beach Gardens_ REVISED COUNCIL AGENDA i September 24, 2009 tf � 1 i � �� 7:00 P.M.i 41 "i4-.-, *. �* Mayor Russo 1 Vice Mayor Levy -, ' = Council Member Jablin t- "1:°`1 Council Member Barnett 6.,,,,u21:. io;31 Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: 1V ANNOUNCEMENTS /PRESENTATIONS: V. PUBLIC HEARINGS FOR 2009/2010 BUDGET— Non Quasi Judicial: a. Presentation of the Fiscal Year 2009/2010 Budget. b. (Staff Report on Page 5. Resolution on Page Resolution 81, 2009 - Adopting y,� a Tax Levy and Millage Rate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of 0",,,x-N0)1 Palm Beach Gardens for the fiscal year commencing October 1, 2009, and ending September 30, 2010; directing the City Clerk to forward a certified copy of this Resolution to the Property Appraiser and Tax Collector within three(3)days after its adoption; providing an effective date; and for other purposes. c. LStaIT Report on Page 5. Ordinance on Pace 91 Ordinance 26, 2009 — (2nd y_I reading and adoption) Adopting fiscal year 2009/2010 budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting the budget aa"^`IT""'col for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. CITY MANAGER REPORT: a. Florida Institute of Government designation of Certified Chief Information Officer b. Response to Councilmember Barnett's allegations. c. City Manager Evaluation VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. Nati Report on Pate 13. Resolution on Pace l 5)Resolution 82, 2009 - Medical Poi Ca Director Service Contract A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Kenneth A. Scheppke, M.D. based 4 -° on proposals received for Medical Director Services (EMS), Request for Proposal No. 2009-016; authorizing the Mayor to execute the Agreement; providing an effective date; and for other purposes. X. PUBLIC HEARINGS: Part I - Quasi-judicial a. (Staff Report on Pace 91. Resolution on Pace 13t1LResolution 58, 2009 - Downtown at the Gardens site plan amendment. A Resolution of the City Council -d of the City of Palm Beach Gardens, Florida amending the site plan for Downtown at the Gardens located within the Regional Center DRUPCD, as described more particularly herein, to modify certain conditions of approval; to replace the most current shared parking analysis with parking regulations from City code; to revise the lake area stage plan; to provide a service area screening plan; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Pa g _Page 162) Ordinance 21, 2009 - (2nd reading and adoption) Rezoning twenty-seven (27) parcels. An Ordinance of the Po s's+..Q City Council of the City of Palm Beach Gardens, Florida rezoning twenty-seven 4-0 (27) parcels of real property comprising approximately ten thousand two hundred seventy-six (10,276.0 +I-) acres, more or less, in size; such parcels being located within the Loxahatchee Slough Natural Area and generally located West of the Florida Turnpike and North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) Zoning District.; providing for 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. c. (Staff Repo) Ordinance on Page I75) Ordinance 22, 2009 - (2nd reading and adoption) Rezoning three (3) parcels. An Ordinance of the City c4 Council of the City of Palm Beach Gardens, Florida rezoning three (3) parcels of real property comprising approximately one hundred fifty-seven (157.0+1-)acres, -0 more or less, in size; such parcels being located within the Frenchman's Forest Natural Area, and generally located at the Northwest corner of Lone Pine Road and Prosperity Farms Road, as more particularly described herein, from Planned Development Area(PDA) to Conservation(CONS) Zoning District; providing for 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. i r Part II — Non-Quasi-judicial a. (Staff Report on Pane 1 O, n trace on Pak...!( Ordinance 27, 2009 - (2nd reading and adoption) False alarms for police and fire response. An Ordinance of axsisa the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm Beach Y-o Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, as revised; providing regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 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. XI. RESOLUTIONS: a. (Staff Report on Pane 193. Resolution on Page 195,1 Resolution 76, 2009 - Insurance policy renewal. A Resolution of the City Council of the City of Palm Beach Gardens, Florida to renew insurance policies for Property, Casualty, Public y-o Officials, and related insurance from Preferred Governmental Insurance Trust; authorizing the Mayor to execute the contract; providing an effective date; and for other purposes. b. (Staff Report on Page 254, Resolution on Page 256) Resolution 79, 2009 - Agreement to Macmillan Oil Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Macmillan Oxicad Oil Company of Florida, Inc. for the purchase of unleaded gasoline and fuel oil y-0 via an existing contract with the State of Florida (Number 405-000-10-1); authorizing the Mayor to execute said Agreement; providing an effective date;. and for other purposes. XII ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Council Communication roitioi b. Office Space XIV. CITY ATTORNEY REPORT: XV. 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 I P 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. r ; CITY OF PALM BEACH GARDENS Palm BeachGardens REVISED COUNCIL AGENDA I September 24, 2009 *Ail.' 7:00 P.M. x _ :11.11-54 Mayor Russo �' , Vice Mayor Levy sothitriverywv_ Council Member Jablin 7 :6C Council Member Barnett toJD 0 :10 Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ✓ ROLL CALL III. ✓ ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ✓ PUBLIC HEARINGS FOR 2009/2010 BUDGET—Non Quasi Judicial: a. Presentation of the Fiscal Year 2009/2010 Budget. h. (Staff Report on Page 5, Resolution on Page 7)Resolution 81, 2009 - Adopting a Tax Levy and Millage Rate. A Resolution of the City Council of the City of II" I Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2009, and ending September 30, 2010; directing the City Clerk to forward a certified copy of this Resolution to the Property Appraiser and Tax Collector within three (3) days after its adoption; providing an effective date; and for other purposes. c. (Staff Report on Page 5, Ordinance on Page 9) Ordinance 26, 2009 — (2"d reading and adoption) Adopting fiscal year 2009/2010 budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting the budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, JC 01 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ✓ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. 'CITY MANAGER REPORT: a. -7 Florida Institute of Government designation of Certified Chief Information Officer b. ✓ Response to Councilmember Barnett's allegations. (3qeuuff L r@ c. V. City Manager Evaluation 0 VIII/OMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. ✓ (Staff Report on Page 13, Resolution on Page 15) Resolution 82, 2009 —Medical Director Service Contract A Resolution of the City Council of the City of Palm o Beach Gardens, Florida awarding a contract to Kenneth A. Scheppke, M.D. based on proposals received for Medical Director Services (EMS), Request for Proposal No. 2009-016; authorizing the Mayor to execute the Agreement; providing an effective date; and for other purposes. X. PUBLIC HEARINGS: Part I—Quasi-judicial a. V (Staff Report on Page 91, Resolution on Page 130) Resolution 58, 2009 - Downtown at the Gardens site plan amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for Downtown 0 at the Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to replace the most current shared parking analysis with parking regulations from City code; to revise the lake area stage plan; to provide a service area screening plan; providing conditions of approval; providing an effective date; and for other purposes. b. ✓ (Staff Report on Page 154, Ordinance on Page 162) Ordinance 21, 2009 — (2"d reading and adoption) Rezoning twenty-seven (27) parcels. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning twenty-seven (27) parcels of real property comprising approximately ten thousand two hundred a seventy-six (10,276.0 +/-) acres, more or less, in size; such parcels being located within the Loxahatchee Slough Natural Area and generally located West of the Florida Turnpike and North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) Zoning District.; providing for 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. c. --/(Staff Report on Page 167, Ordinance on Page 175) Ordinance 22, 2009 — (2"d reading and adoption) Rezoning three (3) parcels. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning three (3) parcels of real property comprising approximately one hundred fifty-seven (157.0 +/-) acres, more or less, in size; such parcels being located within the Frenchman's Forest 0 Natural Area, and generally located at the Northwest corner of Lone Pine Road and Prosperity Farms Road, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) Zoning District; providing for revisions to the Zoning District Map; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II —Non-Quasi-judicial a. -" (Staff Report on Page 179, Ordinance on Page 181) Ordinance 27, 2009 — (2nd reading and adoption) False alarms for police and fire response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm Beach Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, vl o as revised; providing regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 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. XI. RESOLUTIONS: a. V (Staff Report on Page 193, Resolution on Page 195) Resolution 76, 2009 - Insurance policy renewal. A Resolution of the City Council of the City of Palm 0 Beach Gardens, Florida to renew insurance policies for Property, Casualty, Public Officials, and related insurance from Preferred Governmental Insurance Trust; authorizing the Mayor to execute the contract; providing an effective date; and for other purposes. b. ."(Staff Report on Page 254, Resolution on Page 256) Resolution 79, 2009 - Agreement to Macmillan Oil Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Macmillan 0 Oil Company of Florida, Inc. for the purchase of unleaded gasoline and fuel oil via an existing contract with the State of Florida (Number 405-000-10-1); authorizing the Mayor to execute said Agreement; providing an effective date; and for other purposes. XII ORDINANCES: (For Consideration on First Reading) XIII. VITEMS FOR COUNCIL ACTION/DISCUSSION: a. Council Communication f d///0 9 / UPA/3 b. Office Space XIV. CITY ATTORNEY REPORT: AVUNts XV. 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. Comments From The Public Request to Address City Council Please Print Name: fE 1\A E Address: S5)(3 E GAR i OAKS c) Re-Le J A City: Eli._ ■ � Subject: 05 ?DT O F ) C E U-P D 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: City: Subject: 9,-) '-`--7k'tt'-°('I'fa—'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: /91471 ame ,/&k gOYM � / LS7eCiPiVIC Address: 600 Die City: Pei" � -47d Cf,J Subject: Pa/n7 gee( 6-Wc" e4 /17` / 9' cf(‘ o v 1171) C-1-- / 7` o / fie,12e �- 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: CAR a c.„5-1- ra. c c Address: , 3 Rre-re 'S City: F Subject: A a r ` t or ae u n .•s .11--- ‘ ),-1 0) '11-- or L-•14 hi° 3k1 !- 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: ,EL / 2- 4 L e 4,4 67, I Address: 172 F 1- K1G'1 T' d j- Lcp lvQ_. E City: TGt 1 v \.,./Q c1 V-- , Subject: De t_ .5 ( 6 4tId l / t- rn (45 \- t oz ri 0 -r II .3 le c:( (4-7- has Ltevi D1 r C G (C y1 + C cro . 5 _ S i ric 46S r f 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 ► 1 `-- e-. Address: d 'N t ) A City: Subject: 0/2 L .s � 1�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 Ov (,/ giVe 0 ,(Le Name: - �r Address: 3 Z -4/4, ( 4-) e r • 1-1 City: Subject: 0 4 4/6 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: City: Subject: _44.4.44et 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: 1-1 Address: l3� &fl f4 [Me"' City: Subject: b 6 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 1 Name: ` Address: (-0-4 3 I- C r--v City: Subject: d 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: g .2 P601- - Address: 42) \.) City: Subject: U-4 6e%"--- 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 Reg -ter- ress City Council Please Print Name: 1 - -6A-- 5 Address: oZ ( 11i r6_„__ City: 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 Name: Ni's. Joan M. Altwater 9180 Cypress ,Hollow Drive Address: Paim Bch Gdns. Fl, 33418-4524 City: Subject- Members flL LS 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: uteCk ,7/1tCe Address: r`/ IG( 0/1g City: // -ate / �� Subject: -T66( 7/,‘-;//e Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: �L 4 Addres s: Z 57g (� -4-. mot' City: -P 4 -?7 v� Subject: r 41( 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: -i () E-7/ r Address: , /P 0 Cie Rae/v./72( Red,i City. Subject: - W2ce, ' - 32?c�' c _ ,f 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: �,, `� e Address: C7( - City: Subject: S , 111111111. 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: + ' 1 142i I) Address: 12). City: , _ Subject: i‘A% \) C n a r ,rGp� t�l-Q`-. 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 3- Name: \J ) ANJ�c o • i - • t- Address: jl � u .�►� - tr...i. Cit : �i , % - -V y 1,7 \ c‘. 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 Name: Address: r 40e 74--er- City: ty/ Subject: 4e,(A.E/ C eja)7; Atv 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. 7 Comments From The Public Request to Address City Council Please Print Name: Al '` Address: C/C,f a 3 r � 1`� l � City: v Subject: Cpl/ 5 �U - -�. 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: FA) Address: 4114 Rer A Est E 'v\igu im City: t-1-I g C- 1'I3 N CA1T\) M k I 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 Name: C./ /2e - Address: I ' G��'�' /L--) city: -�,�►, 3z, Subject: f�t ) rf f_S 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: MA' COO° Address: , 0 TR1 \. ''v . CA-- City: c ,,. Subject: btAThi i 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 e Name: PI & r Address: /oiS1 ASP t06ui City: Pe AA a '- R ? 3 (,//O Subject: 1 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: L17 ifirt G1 a �� Address: 0 c7L i,L c fru4 City: r Subject: P 1 m Y2a r Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print c- Sf-ukr, ,F 1 '-A(-7,___, litirl 1 Name: q Luc_ Address: 170k-1 Gv7Mfl S City: I.Subject: .�--..mwm ,. MctinQL -N • 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: C �►crk Pp Address: 0117 3 cm cs Ri of d City: 1,,J ,33q i I C � •l �1 F1' iaN Subject. �", �� (� G � 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: / .��ame. e-cl re( Address: 2 egen / ' : Cit e45 City: e7 /43,//1 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 (-;441-.I0 ( Name: Address: City: rir Subject: • A 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: T /fR / ,,tJ -e›e Address: i ," W 4 g C City: Subject: l't 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 "-eVtie AZC6( /i Address: City: 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 Name: VAM ` C Address: 4OtIU pomriNo 6u2-- City: F P26- Subject: O COu, 1 L Ivy f12 BflJe L4(e./A,Agui0 V' 10 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: D Address: ) 1\1 , City: q \An vfj' i 1 Subject: � u nc. \ _QA(r -I&LQ s2_5tJ- 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 4/t4N' O till-;1/> Name: � r Address: "Z ° v 41ie��., -/17S. 1�� cV City: /3 Subject: ., 2__ 1rr148 4 e Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: lf KLL l 5 Address: ILL ! 7 18-A N b IZ D . )' own) City: J V' P l " - Subject: C l & oft 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 tom' Name: Address: ) Ni \ / 1 City: � 1 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 Name: c , P12--?'S , Address: F& 4 04.sct City: Subject: C, �� . Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: _ tP Address: 4-gl i epotl�ra, Cif coo 4 '261 City: P2 . Subject: i e_ t r S 0.((esr--s 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: City: Subject: 1 �: ..` 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. CITY COUNCIL MEETING 09/24/09 PROPOSED ADDITIONS. DELETIONS -1∎ND N1ODIFIC kTION ADDITIONS: UNDER CITY MANAGER REPORT: b. Response to Councilmember Barnett's allegations. DELETIONS: NONE MODIFICATIONS: NONE 9/d1/0 9 C.4/ Co LLAJ e t, eeivis• P-G¢-ti i QL ci Co��uL c��c�« Zl V I. PS P4 �W�1 «n• .1: CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council FROM: Ron Ferris, City Manage` SUBJECT: Response to Councilmember Jod Barnett's allegations presented at the August 20, 2009 Council Meeting DATE: September 24, 2009 At the August 20, 2009 Council Meeting, Councilmember Barnett presented a number of professional and personal allegations about me, alleging multiple violations of my employment agreement with the City and repeatedly indicating that these allegations are cause for the termination of my employment as City Manager. I am both delighted and humbled by the Vote of Confidence I received from Mayor Russo, Vice Mayor Levy, Councilmember Jablin, and Councilmember Premuroso following this presentation, and feel it is my duty to respond to the numerous inaccuracies presented by Councilmember Barnett. Allegation: Improper Hiring of the City Engineer Ordinance 15, 2004, codified in Chapter 3, Personnel Program, of the City's Code of Ordinances, establishes a personnel system governing the appointment of employees, classification and pay plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations, and other policies and procedures necessary to the administration of the City personnel system (Sec. 3-1). Further, the City Manager is charged with implementing and administrating this personnel system established by City Council (Sec. 3-2 and Sec. 3-3). In accordance with this ordinance, staff began preparing for the transition from a consulting engineering firm to an in-house engineering division staffed by City employees during the budget preparation process for FY 2009. Following is a timeline regarding discussions of this item with Council: ✓ April 8 — 21, 2008: Individual meetings with each councilmember were held to discuss Department Head recommendations for the FY 2009 budget. During each meeting, Mr. Jack Doughney presented the proposal to bring engineering in-house by hiring a full- time staff engineer and associated staff members to replace the consulting engineering firm under contract with the City. The following meetings were held with councilmembers: • Councilmember Premuroso — April 8, 2008 • Councilmember Jablin —April 9, 2008 • Councilmember Barnett— April 10, 2008 • Vice Mayor Levy — April 16, 2008 • Mayor Russo — April 21, 2008 ✓ May 15, 2008, FY 2009 Public Budget Workshop: An in-house staff engineering department was presented as a cost-cutting measure by eliminating the contract with the consulting engineering firm, and hiring staff to perform those functions utilizing cost recovery. ✓ July 17, 2008, FY 2009 Tentative Millage Rate Adoption presentation (Resolution 54, 2008): An in-house staff engineering department was presented under "Significant Items", with a statement that it shall enable the City to retain revenues billed for charges incurred for development reviews. ✓ August 28, 2008, Memorandum to Mayor and Council re: FY 2008/09 Proposed Operating & Capital Improvements Budget: Under the Summary of Significant Items, on page 4, in-house engineering is listed. ✓ September 4, 2008, First Public Hearing for the FY 2008/2009 Budget Adoption: In- house engineering is listed under "Significant Items" in the budget presentation. ✓ September 18, 2008, Second Public Hearing for the FY 2008/2009 Budget Adoption: Once again, the establishment of an in-house staff engineering division is listed under "Significant Items" in the budget presentation. NOTE: The budget was adopted as presented, with the inclusion of an in-house engineering division and staff positions for same. Attached is a copy of the organizational chart for the engineering department from the approved FY 2009 budget book (page 149), clearly indicating the engineer is a staff position reporting to the City Manager. ✓ October 16, 2008: During the presentation of the contract extension with the City's then- consulting engineers, Boyle Engineering, Inc., there was discussion about the transition from Boyle to the City's in-house engineering staff, as approved in the budget for FY 2009. ✓ January 28— 30, 2009, Council updates: I advised each councilmember individually that a candidate for Director of Engineering had been selected, an offer extended, and that individual was expected to fill that position in the coming weeks. After the final approval of the budget by Council at the September 18, 2008 Council meeting, staff advertised the Director of Engineering position on October 17, 2008. Interviews were conducted pursuant to the Human Resources Department's procedures between December 2, 2008 and January 9, 2009. Mr. Massimo "Max" Bosso was hired to fill that position effective February 17, 2009. The preceding timeline of events clearly shows that Council was well-informed about the creation of an in-house staff engineering division and the proposed staffing of same, and approved the hiring of a Director of Engineering in the FY 2009 budget, reporting directly to the City Manager. The hiring of the Director of Engineering was with approval of the Council. This was not a violation of the Charter. Allegation: Failure to call for Annual Performance Evaluation Attached please find Resolution 70, 2005, which amended my current employment agreement with the City. Article 2, Term, states in part, "The term of this Agreement is extended to June 1, 2009 ("Anniversary Date") and shall be automatically renewed for an additional two (2) year term, unless the City Council gives notice of its intent not to renew the Agreement at least twelve (12) months prior to the expiration of the initial three (3) year term. The City Manager Page 2 of 6 shall, no later than May 1, 2008, place this matter upon a City Council agenda for consideration regarding the Council's intent to renew. The City Council's decision not to renew the Agreement shall constitute a termination of the Agreement pursuant to Paragraph 9.B. and shall in no way be construed as a termination of the Agreement by the City Council pursuant to Paragraph 9.D. or 9.E. of this Agreement." (Emphasis added) I have attached the agenda from the April 17, 2008 Council meeting to show that this obligation was met. This is the only mandate in my employment contract and that obligation was fulfilled. Further, Article 7, Performance Evaluation, states, "The City Council shall review and evaluate the City Manager's performance on an annual basis each June commencing in 2006. Annually, the City Council shall define such goals and performance objectives which it determines necessary for the proper operation of the City." Contrary to Councilmember Barnett's assertion that, "The city manager's contract mandates that he put his performance evaluation on the agenda annually for review", there is no such language in my employment contract, and the obligation to conduct an annual performance review of the City Manager lies with the Council as a body, as stated in Section 6-1(a) of the City Charter: Section 6-1. City manager. (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment. The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the manager's performance. The city manager shall designate in writing, filed with the clerk, an individual who shall perform the duties of the city manager during his/her temporary absence. With regard to this allegation, there is no violation of my employment agreement. Allegation: Sunshine Violation Councilmember Barnett's assertion that I willfully and purposefully allowed a Sunshine violation to occur with regard to the Administrative Approval recently given in response to a development request to reallocate approved square footage within a project ("5B") is patently false. The application for this project was processed in accordance with the Code and all applicable fees have been paid. Please see the attached letters from the City Attorney addressing this issue. Allegation: Failure to handle request from IAFF professionally On July 14, 2009, I received a letter, addressed to me as City Manager, from the IAFF, inquiring about exploring the possibility of a merger of the Palm Beach Gardens Fire Rescue Department and Palm Beach County Fire Rescue, stating that there was an overwhelmingly favorable vote by the PBGFR members to explore this possibility. This was NOT a Vote of Confidence. I responded on July 17, 2009, indicating that we (staff) would cooperate fully with their proceedings or requests for information. Copies of both letters were sent to all members of the City Council. Page 3 of 6 Prior to this exchange of correspondence, Councilmember Barnett was fully aware of the situation as presented, discussed same with me and indicated she had "no problem" with it. During this timeframe she met with IAFF representatives concerning this matter and spoke with me about it. I agree that important policy decisions should be discussed with City Council. At this point in time, there is no policy decision to be discussed. I regularly request that staff research issues so that I will be able to make an informed presentation to you in accordance with the City Manager's responsibilities in the City Charter: Section 6-1(c)(4), "To recommend to the council for adoption such measures as he/she may deem necessary or expedient in the interest of the city. To keep the city council fully advised as to the financial condition and needs of the city and to submit for its consideration an annual budget." At this time, there is no policy decision to discuss. This issue was handled professionally. Allegation: Lack of transparency in City Hall On August 17th, I distributed a directive to my staff entitled, "City Council Communications". The purpose of this memo was to clearly state my expectations with regard to requests and directives from councilmembers in accordance with City Charter section 6-1(d), which, in turn, states, "The council and its members shall deal with city employees solely through the city manager." Staff has been more than generous in providing information and responding to requests by Council. There have been few, if any, issues with the majority of councilmembers, both past and present. However, the cumulative effect of Councilmember Barnett's contact with staff, many of whom have described her behavior as "threatening", "disruptive", "bullying" and "unprofessional", and the sheer volume and nature of information she requests, has made it necessary for me to insist that Council requests for information and assistance are made through me. While staff is quite capable of providing information and assistance in a timely and effective manner, dissemination through my office will ensure ALL councilmembers receive the same information and limit workday disruptions. Recent directives to staff protect councilmembers and preserve public records. In addition, on August 18th, Council received a memo from Patricia Snider, City Clerk, detailing the new procedures for Council mail, email, phone messages, and events. The memo had nothing to do with "transparency". It outlined changes to internal, departmental operating procedures within the City Clerk's Office. These changes were discussed with each councilmember at his and her individual budget review meetings with Department Heads in early June, and during the subsequent budget workshops. The changes to record keeping procedures do not violate state law and do not preclude the City Council from doing the job it was elected to accomplish. Conversely, Council will have a greater ability to respond to resident requests and invitations in a more timely and convenient manner. Allegation: Quid pro quo concerns relative to my mailing address With regard to Councilmember Barnett's baseless personal attack on a staff member, I offer the following: The staff member in question, Natalie Wong, is held in high esteem professionally by her colleagues in both the public and private sectors. Councilmember Barnett's misleading Page 4 of 6 allegations involving Ms. Wong is a reckless attempt to impugn my reputation, with total disregard for the facts of the situation and the persons involved. This is not the first time she has maligned a staff member publically in an effort to discredit me professionally and personally. Her continued assault on City employees and me is grossly unprofessional and a misuse of power as a councilmember. The facts of the situation are these: I needed a place to live beginning January 2008, and this property was vacant and available for rent. Ms. Wong, who owned the property as an investment and did not live there, agreed to rent it to me at $1,250 per month, plus utilities. Ms. Wong, was at the time, a former employee, who resigned her position with the City to take a more lucrative position in the private sector. She left the City in good standing in 2005 and maintained a professional relationship with her former colleagues. Because of this, she agreed to return to work as an independent contractor for the City in May and June of 2008 on the Scripps Phase II/Briger DRI project. (Note: She was an integral member of the team which worked for several years on the Scripps Florida/Briger site selection project prior to leaving in 2005.) In November of 2008, she applied for, interviewed for, and was selected by Growth Management Department staff for the open Planning Manager position. I moved out of the property in mid-December 2008. Clearly, no quid pro quo exists. Allegation: Unprofessional Decision with regard to Sandalwood banner Councilmember Barnett has alleged that Code Enforcement's handling of an illegal sign issue "was a poor decision made by Mr. Ferris holding taxpaying citizens to a different standard than the business community". She also alleges that I "convened a special magistrate hearing the very next day, costing the taxpayers thousands of dollars". Once again, these allegations are false. The illegal sign in question was discovered by Code Enforcement personnel. I was advised by the Operations Director, Neighborhood Services, that he was working with the City's legal counsel because in his and his staff's professional opinions, the sign, as currently displayed, was a threat to public safety. Upon consultation with the City's legal counsel and review of the City's code, he deemed it necessary to call a special meeting. The section of the Code involved in this case applies equally to residential and commercial properties. In fact, since June of 2008, Code personnel have issued a total of 18 Notices of Violation for violations of this Code section; 17 to commercial properties, and one (1) to a residential property. The cost to the City for the special hearing was $150. (It is important to note that staff attempted to work with the resident who hung the sign to relocate it and display it appropriately. The resident did not wish to do so.) Thus, I did not convene a special magistrate hearing the very next day for this violation. The hearing did not cost the taxpayers thousands of dollars. I did not hold taxpaying citizens to a different standard than the business community. Personal attacks I only have this to say about Councilmember Barnett's accusations and the numerous rumors initiated by ruthless, jealous and small people about my personal life: I am a social person. I Page 5 of 6 have social relationships with staff members at all levels of this organization. I have been invited to participate in gatherings and celebrate with employees, outside of work, at events such as engagement parties, weddings, holiday parties, birthday parties, dinner parties, movies, golf outings, sporting events and the like. In addition, I have, on many occasions, willingly and thoughtfully lent my support to staff members dealing with personal issues such as critically ill children hospitalized for weeks on end; the death of a parent, a child, or other loved one; loss of their homes and personal possessions due to hurricanes. There is nothing inappropriate about caring about our employees, and it has been my management style throughout my 40 years of public service. Neither HR nor myself has ever received a complaint of this nature, nor have any resignations been submitted citing this reason. I believe my management style has helped make this City and the employees who work for it the very best, and I take pride in our collective accomplishments. The results are obvious and speak for themselves. Conclusion I believe that the information contained herein and the supporting documentation sufficiently proves beyond a doubt that Councilmember Barnett's allegations are without merit. Her behavior is unprofessional and retaliatory in nature, and I am deeply concerned about the legal implications her behavior may have for the City and members of the Council. Councilmember Barnett has no productive working relationship with me, the Police Chief, the Fire Chief, the City Attorney, the Growth Management Administrator, the Finance Administrator, the IT Administrator, the Human Resources Administrator, the Assistant City Manager for Administration, the Assistant City Manager for Operations, the Director of Engineering and the City Clerk. I have received complaints from all of these staff members, and others, about her behavior, describing it as demeaning, threatening, bullying, and creating a hostile work environment, to the point that some feel that she is abusing her power and authority granted her as a councilmember. I need to repeat myself: I have received complaints from all of these staff members, and others, about her behavior, describing it as demeaning, threatening, bullying, and creating a hostile work environment, to the point that some feel that she is abusing her power and authority granted her as a councilmember. I have worked in the public sector for 40 years and I have never seen such behavior by a councilmember, much less have it directed at me and other employees. I believe the record of Councilmember Barnett's tenure on the Council shows that this is not an isolated incident, but yet another example of her divisive, disrespectful and retaliatory treatment of staff and her total disregard for the greater good of this community. I stand ready, pledging all my efforts to working together in a continuing effort for the public's benefit. Council's complete cooperation and dedication to this end is needed. Each of us must pledge our strongest efforts to cooperate with each other and staff for a stronger City and better government. Page 6 of 6 ARTICLE VI: ADMINISTRATION AS COUNCIL-MANAGER GOVERNMENT Page 1 of 2 ARTICLE VI: ADMINISTRATION AS COUNCIL-MANAGER GOVERNMENT Section 6-1. City manager. (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment. The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the manager's performance. The city manager shall designate in writing, filed with the clerk, an individual who shall perform the duties of the city manager during his/her temporary absence. (b) The city manager shall be the administrative head of the municipal government under the laws and Charter of the city responsible to the city council for the administration of all city affairs and employees placed in the manager's charge by or under this Charter or city ordinances. In the event of his/her absence or disability, the city manager may designate an employee or other charter officer as the acting city manager limited to the time of the manager's absence or disability. (c) The city manager shall be responsible to the city council for the proper administration of all affairs of the city coming under his/her jurisdiction, and to that end the city manager's powers and duties include: (1) To see that the laws and ordinances are enforced. (2) Prepare and submit an annual budget to the city council for its consideration. (3) To attend all meetings of the city council with right to take part in the discussion but without having a vote. (4) To recommend to the council for adoption such measures as he/she may deem necessary or expedient in the interest of the city. To keep the city council fully advised as to the financial condition and needs of the city and to submit for its consideration an annual budget. (5) To appoint all department heads subject to confirmation by the city council; to employ and remove all other employees of the city. Provided further, however, that the city attorney, city engineer and city auditor shall be appointed and removed in the sole discretion of the city council with such appointments and removals being based upon merit and fitness alone. (6) To make such reports as the city council may require concerning the operations of the city departments. (7) To perform such other duties as may be specified in this charter, by law, or as the city council may prescribe. (8) To retain such specialized professional services as may be necessary to effectively and efficiently conduct the city's affairs in accordance with state and local laws. (d) No member of the city council shall dictate the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him/her from exercising his/her own judgement in the appointment of officers and employees in the administrative service. The council and its members shall deal with city employees solely through the city manager. httny//lihrarvR_miinicnrle cnm/rleffnit-test/lncView/1 7841/1/R/9 9/R/M 19 ARTICLE VI: ADMINISTRATION AS COUNCIL-MANAGER GOVERNMENT Page 2 of 2 (e) The city council may suspend or remove the city manager by resolution approved by a majority of the total membership of the city council. The resolution shall set forth the reasons for suspension or removal. A copy of such resolution shall be served immediately upon the city manager. The city manger shall have ten calendar days in which to replay thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one was requested, the city council by a majority vote of its membership may adopt a final resolution of removal. The city manager shall continue to receive full salary and benefits until the effective date of the resolution of removal. (f) By letter or memorandum filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's absence or disability. The city council may revoke such designation at any time and appoint another officer or employee of the city to serve until the city manager returns. (Ord. No. 9, 1996, § 3, 7-27-96) Sec. 6-2. City attorney. (a) The city council, by a majority vote of its membership, shall appoint a city attorney. The compensation and benefits of the city attorney shall be as determined by the city council. The city may appoint a firm or an individual to serve as the city attorney. (b) The city attorney shall be the chief legal officer of the city responsible for all legal affairs of the city, and shall serve as chief legal advisor to the city council, the city manager, the city's departments and such boards or committees as are placed in the city attorney's charge by the city council or the city manager. The city attorney's powers and duties shall include: (1) Preparing or reviewing as to form and legal sufficiency all contracts, resolutions, ordinances or other documents of the city. (2) Appointing such assistant city attorneys to perform the duties of his office as may be approved by the city manager. (3) Prosecuting and defending all legal or administrative law actions wherein the city is a party. (4) Performing such other legal services as may be requested by the city council or the city manager. (5) Performing such other duties as may be required by state law, this charter or ordinance. (c) The city council or the city manager may also appoint one or more special counsel to serve as legal advisors to the city council, the city manager and city departments, officers and agencies with respect to specific legal proceedings or matters to conduct city affairs in an efficient manner in accordance with state law, this charter or ordinance of the city. (Ord. No. 9, 1996, § 3, 7-27-96) hf+ •//I;l„•.,.•„Q . ,,,,,,,. to /a.,{;,,,lt t„,t/F1,,,.V;,,,,,/1')Q/I1 /1 /:/0 0/Q I10(\0 Date Prepared: April 23,2004 1 2 3 ORDINANCE 15, 2004 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA RELATING TO THE PERSONNEL 8 PROGRAM; REPEALING ARTICLES 1 THROUGH 10, INCLUSIVE, 9 OF CHAPTER 3, CODE OF ORDINANCES; CREATING A NEW 10 ARTICLE 1 TO BE ENTITLED "PERSONNEL SYSTEM"; 11 PROVIDING FOR CODIFICATION; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the Charter of the City of Palm Beach Gardens provides that the 16 City Council shall provide by ordinance for the creation, regulation, and maintenance of 17 a personnel system with established procedures and policies; and 18 19 WHEREAS, the City Council has determined the adoption of this Ordinance is 20 consistent with the requirements of the City Charter and is in the best interest of the 21 citizens and residents of the City of Palm Beach Gardens. 22 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF PALM BEACH GARDENS, FLORIDA that: 26 27 SECTION 1. Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances, 28 entitled "Personnel Program" are repealed in their entirety. 29 30 SECTION 2. A new Article 1 of Chapter 3, Code of Ordinances to be entitled 31 "Personnel System" is created to read: 32 33 ARTICLE I. PERSONNEL SYSTEM 34 35 Sec. 3-1. Personnel system established. 36 37 The City Council hereby establishes a personnel system which shall govern the 38 appointment of employees, classification and pay plans, promotions, force reduction, 39 removals, working conditions, grievances, relationships with employee organizations, 40 and other policies and procedures necessary to the administration of the city personnel 41 system. 42 43 44 45 46 Date Prepared:April 23, 2004 Ordinance 15, 2004 1 Sec. 3-2. Implementation of the personnel system. 2 3 The City Manager is empowered to implement the personnel system established 4 by the City Council. The City Manager shall prepare rules and regulations to implement 5 the system in the form of Standard Operating Procedures, or such other format as the 6 City Manager may determine is appropriate. Such rules and regulations shall be 7 effective upon issuance by the City Manager. 8 9 Sec. 3-3. Administration of the personnel program. 10 11 The administration of the personnel program shall be the responsibility of the City 12 Manager. 13 14 SECTION 3. Codification of this Ordinance is hereby authorized and directed. 15 16 SECTION 4. This Ordinance shall become effective immediately upon adoption. 17 18 19 20 21 (The remainder of this page left intentionally blank) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared:April 23,2004 Ordinance 15, 2004 1 PASSED this obi* day of 61 , 2004, upon first reading. 2 3 PASSED AND ADOPTED this Jr' day of 1 e , 2004, upon 4 second and final reading. 5 6 7 CITY OF • . BEACH GARDENS FOR AGAINST ABSENT 8 " 9 411141, 10 BY: ,���n�.. - ✓ 11 Eri•4'rlOyoi/ 12 / 13 14 .o .r uss.; Vice, aye r 15 L /N, 16 i►' �� 17 Davi+ Ia• , you .- / 18 19 ARO 20 A ii- arie Delgado/ ouncilmember 21 22 ��� .✓ 23 David Levy, uncilmember 24 25 26 ATTEST: 27 28 29 30 BY: 31 Patricia Snider, City Clerk 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 38 BY: 1. i • /. 39 " ristine P. Tatum, City Attorney 40 41 42 43 44 45 46 47 \\pbgsfile\Attorney\attorney_share\ORDINANCES\personnel system.doc 3 ARTICLE I. PERSONNEL SYSTEM* Page 1 of 1 ARTICLE I. PERSONNEL SYSTEM* *Editor's note: Ord. No. 15-2004, § 1, repealed ch. 3, arts. I--X, in their entirety. Section 2 of said ordinance provided for a new art. I to read as herein set out. Formerly, said articles pertained to similar subject matter. See the Code Comparative Table for a detailed analysis of repeal and inclusion. Sec. 3-1. Personnel system established. The city council hereby establishes a personnel system which shall govern the appointment of employees, classification and pay plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations, and other policies and procedures necessary to the administration of the city personnel system. (Ord. No. 15-2004, § 2, 6-17-04) Sec. 3-2. Implementation of the personnel system. The city manager is empowered to implement the personnel system established by the city council. The city manager shall prepare rules and regulations to implement the system in the form of standard operating procedures, or such other format as the city manager may determine is appropriate. Such rules and regulations shall be effective upon issuance by the city manager. (Ord. No. 15-2004, § 2, 6-17-04) Sec. 3-3. Administration of the personnel program. The administration of the personnel program shall be the responsibility of the city manager. (Ord. No. 15-2004, § 2, 6-17-04) Secs. 3-4--3-11. Reserved. httn•//lihrarvR mifnirnrla rnm/rlafaiilt-tact/TlnrViau,/1')2 t1 /1 /1A/17 0/2/2nno ENGINEERING DEPARTMENT City Manager Director of Engineering 4 Engineering Engineering Associate Inspector 149 Date Prepared:April 27,2005 1 2 RESOLUTION 70, 2005 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN AMENDED 7 EMPLOYMENT AGREEMENT BETWEEN RONALD M. FERRIS AND 8 THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the City Council has determined that it is in the best interest of the 13 City of Palm Beach Gardens to enter into an Amended Employment Agreement with 14 Ronald M. Ferris to continue his services to the City of Palm Beach Gardens as City 15 Manager; and 16 17 WHEREAS, an Amended Employment Agreement has been prepared and is 18 attached hereto. 19 20 WHEREAS, the City Council has deemed the approval of this Resolution to be in 21 the best interest of the citizens and residents of the City of Palm Beach Gardens. 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF PALM BEACH GARDENS, FLORIDA that: 26 27 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 28 29 SECTION 2. The City Council hereby accepts and approves the Amended 30 Employment Agreement between Ronald M. Ferris and the City of Palm Beach 31 Gardens and hereby authorizes the Mayor and City Clerk to execute the amended 32 agreement. 33 34 SECTION 3. This Resolution shall become effective immediately upon adoption. 35 36 37 38 39 (The remainder of this page left intentionally blank) 40 41 42 43 44 45 46 Date Prepared: April 27,2005 Resolution 70, 2005 1 PASSED AND ADOPTED this ..51-14- day of 2005. 2 3 4 5 CITY OF PALM BEA H GA E , FLORIDA 6 7 9 9 BY: 10 .h R. Russo, Mayor 11 ATTEST: 12 13 15 BY: 15 BY: !�( 16 Patricia Snider, CMC, City Clerk 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 BY: 25 Christine P. Tatum, City Attorney 26 27 28 29 VOTE: AYE NAY ABSENT 30 31 MAYOR RUSSO 32 33 VICE MAYOR JABLIN 34 35 COUNCILMEMBER LEVY ✓ 36 37 COUNCILMEMBERVALECHE 38 39 COUNCILMEMBERBARNETT 40 41 42 43 44 45 46 47 \\Pbgsfike\Attorney\attorney_share\RESOLUTIONS\CITY MGR CONTRACT RENEWAL-reso 70 2005.doc 2 AMENDED EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is by and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City"), and RONALD M. FERRIS (herein referred by name or as "City Manager"). WITNESSETH: WHEREAS, the City desires to employ Ronald M. Ferris as the City Manager of the City of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter of the City of Palm Beach Gardens; and WHEREAS, the City, through its City Council, desires to provide for certain benefits and compensation for the City Manager and establish certain conditions of employment applicable to the City Manager; and WHEREAS, Ronald M. Ferris desires to accept employment as the City Manager of the City of Palm Beach Gardens under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. EMPLOYMENT The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferris as its City Manager, under the terms herein established, to perform the duties and functions specified in the City Charter and Code of Ordinances of the City of Palm Beach Gardens, and to perform such other legally permissible and proper duties and functions as the City Council of the City of Palm Beach Gardens shall assign. 2. TERM A. The term of this Agreement is extended to June 1 , 2009 ("Anniversary Date") and shall be automatically renewed for an additional two (2) year term, unless the City Council gives notice of its intent not to renew the Agreement at least twelve (12) months prior to the expiration of the initial three (3) year term. The City Manager shall, no later than May 1 , 2008, place this matter upon a City Council agenda for consideration regarding the Council's intent to renew. The City Council's decision not to renew the Agreement shall constitute a termination of the Agreement pursuant to Paragraph 9.B. and shall in no way be construed as a termination of the Agreement by the City Council pursuant to Paragraph 9.D. or 9.E. of this Agreement. B. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City Council to terminate the services of the City Manager at any time, with or without cause, subject only to the provisions set forth in Section 9 of this Agreement and those contained in the City Charter of the City of Palm Beach Gardens. 3. CITY MANAGER DUTIES, OBLIGATIONS, AND POWERS A. The City Manager shall have the duties, responsibilities, and powers of said office under the Charter and Ordinances of the City of Palm Beach Gardens, Florida. The City Manager agrees to perform all duties and responsibilities faithfully, industriously, and to the best of his ability and in a professional and competent manner. B. The City Manager shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge, and skills necessary to faithfully perform his duties under this Agreement, except that the City Manager may engage in educational and professional activities and other employment activities upon the receipt of authorization and approval by the City Council; provided, however, that the same shall not interfere with his primary obligation to the City as its City Manager. The City Manager shall keep the City Council fully informed in advance of all travel and out-of- office activities. C. In the event that the City Manager shall serve on any appointed boards or elected boards of any professional organizations, or serve on any committees related to the performance of his duties, responsibilities, and powers or related to his professional activities, in the event that any monies are paid, or gifts are received by the City Manager relating to such service, such money or other property shall be paid over to or delivered to the City, unless otherwise provided for by City Council resolution. 4. RESIDENCE In accordance with Article VI of the City Charter, the City Manager shall remain a resident of the City during his employment as the City Manager. 5. RESPONSIBILITY OF CITY TO CITY MANAGER The City shall provide the City Manager with all necessary office accommodations, equipment, and necessary personnel necessary to perform his duties, services, and responsibilities. 6. COMPENSATION A. Base Salary. The City shall pay to the City Manager an annual salary of $168,869.00, payable in equal installments at the same intervals as the City's other administrative personnel are paid. B. Benefits. As additional compensation, the City shall provide the following benefits to the City Manager: (1) The City shall provide the City Manager with a car allowance of $650.00 per month (2) Participation for the City Manager and immediate family in the City's medical, vision, dental, disability, and life insurance programs. (3) Participation in the personal leave, acute illness, and short-term disability leave programs for City general employees. Upon execution of this Agreement, the City Manager shall have a bank of ten (10) personal leave days and ten (10) acute illness days and shall earn additional days in accordance with the City policies applicable to general employees. (4) The City shall reimburse the City Manager for reasonable expenses incurred by him in connection with and during the course and scope of his duties and obligations pursuant to this Agreement, to the extent budgeted annually by the City. (5) The City shall pay on behalf of the City Manager reasonable professional dues, subscriptions, and seminar expenses as are related to the field of City management and governmental administration, to the extent budgeted annually by the City. (6) The City Manager shall receive fifteen (15) Administrative Leave days on January 1 of each successive calendar year. In the event the City Manager shall not take such additional paid compensation prior to the expiration of each calendar year at the option of the City Manager, such days may not accumulate from year to year. (7) The City shall contribute eighteen percent (18%) of the City Manager's pay period base salary to the City's ICMA Retirement Corp. Executive Plan 401(a) Money Purchase Plan, or such other plan at the option of the City Manager, such contributions being earned and paid per pay period. The City Manager may contribute additional sums at his sole discretion. (8) The City shall provide the City Manager with a cellular phone and/or phone service and a laptop computer for personal and business use during the term of this Agreement. (9) The City Manager shall be entitled to any such other benefits provided to general City employees to the extent not addressed herein, including a cost—of-living adjustment by the ECI rate (US DOL Bureau of Labor Statistics State and Local Government Employees Total 3 Compensation figures) at the same time as other general employees. Such further and additional benefits, including any new retirement benefits, which are provided to general employees now or in the future shall be provided to the City Manager. The City may, at any time, provide such additional benefits solely to the City Manager, as it may deem desirable to do so. 7. PERFORMANCE EVALUATION The City Council shall review and evaluate the City Manager's performance on an annual basis each June commencing in 2006. Annually, the City Council shall define such goals and performance objectives which it determines necessary for the proper operation of the City. 8. INDEMNIFICATION The City shall indemnify and hold harmless the City Manager from all claims and suits resulting from performance by the City Manager of his official duties in accordance with the Charter and Code of the City, state law, and policy directives of the City Council within the scope of his employment. Provided, however, if the City Manager pleads guilty or nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he shall reimburse the City for any legal fees and expenses that the City has incurred or otherwise paid for or on his behalf in connection with the charged conduct. 9. TERMINATION This Agreement shall terminate: A. At any time by mutual agreement of the City Manager and the City. B. Upon the expiration of the term of the City Manager's employment, unless earlier terminated pursuant to the provisions of this Agreement. C. Upon the City Manager's death. D. At any time by the City's unilateral termination of the City Manager's employment, with stated good cause, including, but not limited to, material breach of this Agreement by the City Manager, or the conviction of the City Manager for any illegal act, or any specific act or failure to act on the part of the City Manager which constitutes a willful violation of the Charter. E. At any time by the City's unilateral termination of the City Manager's employment without stated good cause. 4 F. By unilateral action of the City Manager resigning, provided that the City Manager shall give the City ninety (90) days' written notice in advance of the resignation termination date, unless the City Council agrees to accept a shorter notice of termination. 10. SEVERANCE OR TERMINATION BENEFITS A. There shall be no severance payment to the City Manager in the event the Agreement is terminated pursuant to Paragraph 9.B. or 9.C. above. If the Agreement is terminated pursuant to Paragraph 9.A., any such benefit shall be agreed upon by the City and the City Manager. B. If this Agreement is terminated by the City Council, then the City shall pay to the City Manager his base salary through the date of termination, plus reimbursement for as-yet unreimbursed expenses pursuant to this Agreement, and such benefits as are then earned, accrued, and payable, and such other benefits as may be required by state law, regulation, City Charter, ordinance, or City policy. C. In the event that termination shall be by the City Council pursuant to the provisions of Paragraph 9.D., then no severance payment shall be made to the City Manager. D. In the event that the City Council shall terminate the City Manager pursuant to the provisions of Paragraph 9.E., then: (1) The City shall pay the City Manager, as severance, an amount equal to his then current annual salary. Such severance payment shall not be interpreted as base salary for purposes of calculating other benefits due the City Manager as though employed. (2) The City shall provide the City Manager and his immediate family with medical, vision, dental, disability, and life insurance for one (1) year from the date of termination to be paid by the City. Thereafter, the City Manager and his dependents shall be eligible for continued participation pursuant to the terms of those plans at their sole expense, at such rates and under the same conditions applicable to dependents of general employees. (3) The City shall not be obligated to make any payment under this subsection (D) unless, within ten (10) days from the date of termination, the City Manager shall execute and deliver to the City a general release of the City and it Council Members, and its officers, agents, and employees for all acts and actions (whether accrued or subsequently accruing) from the beginning of time until the date of the release, said release form to be 5 prepared by and satisfactory to the City Attorney. The City shall make all payments required under this subsection D. within five (5) days of receiving said general release. E. In the event the City Manager shall resign, then in that event, the City Council shall have the option to cause an earlier termination of the City Manager, without cause, and in that event, severance shall be limited to payment to the City Manager of such benefits as would have been earned until the date of termination proposed under the City Manager's notice of resignation. 11. EFFECT OF TERMINATION A. In the event of termination of this Agreement or the City Manager's resignation, all City property and all finished or unfinished City documents held by the City Manager shall be tendered and delivered to the City as its property within five (5) calendar days of the effective date of termination or separation. B. The City shall not be obligated to pay or reimburse the City Manager for any expenses, including travel expenses, job search expenses, and attorney's fees incurred by him in connection with or as a result of any termination of his employment as the City Manager, except as may be provided pursuant to Paragraph 10. 12. AMENDMENTS AND MODIFICATIONS No modification of or amendment to this Agreement shall be valid unless reduced to writing and signed by both parties. If, on the City Council's request or with the City Council's consent, the City Manager continues in his employment as the City Manager beyond the date of the expiration of his employment or other mutually-agreed upon termination date, this Agreement shall remain in full force and effect during the continuation of such employment, except as otherwise expressly provided by written mutual agreement. 13. OTHER PROVISIONS A. The recitals are true and correct and part of this Agreement. B. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. C. No collective-bargaining agreement to which the City is a party shall, in whole or in part, govern, apply to, or be deemed a part of or incorporated into this Agreement. D. Any civil action arising out of this Agreement or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. 6 E. The City's waiver of any breach of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Agreement. F. This Agreement is binding upon the City Manager's heirs and personal representatives and on the City regardless of any changes in the persons holding office as members of the City Council. G. If any provision of this Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, that provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Agreement or their application to other parties or circumstances. This Agreement and its terms, conditions, and covenants contained in it shall be governed by construed in accordance with the laws of the State of Florida. H. This Agreement contains the entire Agreement between the City and the City Manager. All prior agreements and understandings, whether written or oral, pertaining to the City's employment of the City Manager are fully abrogated and of no further force and effect from and after the date of this Agreement. I. Regardless of which party or whose attorney prepared the original draft and subsequent revisions of this Agreement, the City and the City Manager have had equal opportunity to contribute to and have contributed to its contents, and this Agreement shall not be deemed to be the product of, and therefore, construed against either of them. J. The omission from this Agreement of a term or provision contained in an earlier draft of this Agreement shall have no evidentiary significance regarding the contractual intent of the parties. K. This Agreement may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Agreement shall be binding on either party until both parties have signed it. (The remainder of this page left intentionally blank) 7 EXECUTED by the City on this 5' day of rloi- , 2005. CITY OF PALM = £ CH D . S By: . i... ;Or 2 87. ''sso, Mayor ATTEST: By: 4mrAniA t►iiii Patricia Snider, City Clerk, CMC EXECUTED by the City Manager this Sm day of 637 , 2005. WITNESSES: By: A �. - if, AK!r.., _ — - Ronald i/ . F-rris L‘‘. 1�1iAPi /ar.■4 i 1._ I By: Of II ,. ,e../L....„,e../L....„ G:\attorney_share\AGREEMENTS\EMPLOYMENT AGREEMENT ferris 2005-FINAL-as appd by council.doc 8 Cit y of Palm Beach Gardens Council Agenda April 17, 2008 1951 o,4 palm Beach Gardens �.i or. ...H V. PPIP: iir F &Air, J T 'st—-e- ow, 4104101110 0.' 11).j1 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Council Member Russo Vice Mayor Levy Council Member Barnett Council Member Premuroso Atk Palle Beach Gardens w lik . iirs'. hit, ;I Oa 4$ CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 17,2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS/PRESENTATIONS: a. Tree City Award. b. GFOA (Government Finance Officers Association) Award. c. Palm Beach Post Officer of the Year Award. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: IX. PUBLIC HEARINGS: Part I — Quasi-judicial a. Resolution 22, 2008 — Development Order Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. b. Resolution 29, 2008 — Doubletree Hotel. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the Northern portion of the Doubletree Hotel Planned Unit Development (PUD), as described more particularly herein; providing conditions of approval; and providing an effective date. c. Resolution 31, 2008 — Gander Mountain. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an exception to Section 6-4, Code of Ordinances entitled "Distance Limitations between Vendors, Churches, and Schools" and approving a waiver from Section 78-285 to allow the placement of logo medallions on the approved building for the Gander Mountain Planned Unit Development (PUD) on a 13.18-acre parcel located on the West side of Sandtree Drive, immediately South of the Northlake Commons/Home Depot shopping center, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. d. Resolution 32, 2008 - Ballenlsles Country Club renovations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving renovations to the East Golf Course of the Ballenlsles Country Club Planned Community District; providing conditions of approval; and providing an effective date. Part II— Non-Quasi-judicial a. Ordinance 6, 2008 — (2nd reading and adoption) General Employees' Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the General Employees' Pension Plan (DB); amending Section 3-128, Code of Ordinances entitled "Board of Trustees"; providing for codification; and providing an effective date. X. RESOLUTIONS: a. Resolution 30, 2008 - Contract Award to Glasgow Equipment Services A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to Glasgow Equipment Services, Inc. for the Design/Build of a Fuel Tank Removal and Replacement project (No. 2008-002); authorizing the Mayor and City Clerk to execute the contract; and providing an effective date. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. City Manager Contract. b. Appointment of Council to External Boards. c. Appointment of Council to Internal Boards. 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. /, ;////,,,,,/// ./ • \I,t)hNf ' 5 \I I V\\ I I I {hlti h:\„Road It 111\cIWM 11 11I II'lhwf I��Ir„(h•'II( IRII \ NII1.1I ftlIt (rPll12131lt-;V(-,+( ll 14R\I)I I \ \\ BI(r(i`' KI•I1.11 N I1\VIS •State('citified( (lint and R \Ir\\ I t I I klAN t. !rrutt( uurt\Icihan.r Hoard( crttlicd ui(It\ Hunt and I oUJ(i.,%crnnwnt ME MORAN1)1 M TO: Ron Ferris, City Manager May-or. Vice Mayor and City C I cil members FROM: R. Max Lohman. Esq. el DATE: September 1,2009 RE: Staff Committees and the Sunshine Law — Councilmemher Barnett's allocation that the Growth Management Director violated the Sunshine Law. You have requested a legal opinion regarding allegations that the Growth Management Director violated Section 286.011. Florida Statutes. more commonly referred to as the -Sunshine Law". when she individually consulted with members of the City Development Review Committee (DRC) prior to granting administrative approval for a site plan amendment. Accordingly. 1 offer the follow ing: 1. Recently, a city councilmember questioned whether the following application re\ie\\ and approval process was subject the Sunshine Law and whether the procedure tollowed by the (growth Management Director constituted a Sunshine Law violation. Specifically. it has been alleged that the Growth Management Director's consultation with individual members of the DRC. without having a public meeting. regarding the administrative approval of a Minor Amendment to a previously approved development order was a Sunshine Law \iolation. ?. In her memo to the City Manager. dated August 10. 20t)9. the Growth Mana�,ement Director sets forth the analysis and review procedure that was utilized to process ADMN-09-07-000288 and explains her decision regarding each of the criteria in subsection 78-49(h). :'Mier consultation with city staff and members of the development review committee, the Growth Management Director made the determination that the requested amendment was not a major amendment and subsequently granted approval of same. 3. Sub-section 78-49(b). entitled "Major Amendments" lists fourteen (14) types of development order amendments that are required to be reviewed in the same manner as the original application ("major amendments"). The first thirteen (13) are mostly fact based and require very little. if any. interpretation. However. sub-paragraph 78-49(b)(14), entitled "Other changes", states •[a]ny change to an approved plan or any change to an approved plan when Section 78-49 Growth Management Director- Authority Page 2 of 3 considered cumulatively with prior minor amendments which, as determined by the growth management director, deviates materially from the approval granted by the planning. zoning. and appeals board or city council." Clearly, this sub-paragraph requires the application of site specific facts in order to determine if any single amendment represents a material deviation from the approved development order. The subject sub-paragraph specifically vests the Growth Management Director with the authority to make such factual determinations and final decision making authority. 4. The legislature of the State of Florida has enacted legislation regarding procedures to he followed when public agencies conduct business. Such legislation is found at Chapter 286. Florida Slafides and is informally known as the"Sunshine- Law. 5. All meetings of any board or commission of a municipal corporation at which official action is to be taken are declared to he public meetings open to the public. Minutes are required of such meetings and reasonable notice must be provided of all such meetings. §286.011(11. F.S. Therefore, in order for a meeting to comply with the requirements of the Sunshine Law. it must he open to the public. reasonable notice must he provided and minutes must he taken. it is important to note that the Sunshine Law is not limited to meetings at which final. formal actions are taken but its provisions apply to any gathering of two or more members where members deal with or address some matter on which foreseeable action will he taken by the hoard. Times Publishing Company v. Williams. 222 So. 2d 470. 473 (Fla. 2d DCA 1969). 6. §286.011(1 ). F.S. also applies to meetings of two (2) or more members of the same hoard or commission when discussing some matter which will foreseeably come before the board or commission for action. The statute does not ordinarily apply to an individual member of a public hoard or commission or to administrative staff or employees: Deerfield Beach Publishing. Inc. v. Robb. 530 So. 2d 510 (Fla. 4th DCA 1988): City of Sunrise v. News and Sun-Sentinel Company. 542 So. 2d 1354 (Ha. 4th DCA 1989). 7. Boards or commissions established by the local governing body by law or ordinance ha.in` authority to perform official acts. even though advisory, are subject to the Sunshine Law (i.e.. Local Planning Agency: Development Review Committee). Additionally, those boards and commissions having final decision making authority are also subject to the sunshine law (i.e.. Planning Zoning Appeals Board: City Council). § 286.01 1( 1). F.S. 8. However, not all gatherings or meetings at which the members of a hoard or commission are present are necessarily subject to the Sunshine Law. The courts have recognized a limited exception to the applicability of the Sunshine Law. Specifically. communication among administrative staff in fulfilling investigatory, advisory, or charging functions does not constitute a "Sunshine" Law violation. Baker v. Florida Department of Agriculture and Consumer Services. 937 So.2d 1161 (Fla. 4111 DCA 2006). review denied. 954 So. 2d 27 (Fla. 2007): See also. Molina v. City of Miami. 837 So. 2d 462. 463 (Ha. 3d DCA 2002). 9. The city's development review committee. which is composed of representatives of various city departments who are charged with the responsibility to review and approve certain development Section 78-49 Growth Management Director- Authority Page 3 of 3 applications hut simply make recommendations on others, is subject to the Sunshine Law but only under the circumstances set forth in paragraphs 2 and 3 above. 10. In order for the Growth Management Director's consultation with individual members of the DRC to constitute a "Sunshine" Law violation the matter being discussed would had to have been one which would have foreseeablv come before the board or commission for action. That is NOT the case here. as only the Growth Management Director is vested with the authority to take formal action on a Minor Amendment. The city code does not require a meeting of the DRC members; therefore, formal action is neither required nor can it be legally taken by the DRC whether a public meeting is held or not. 11. Based upon my review of the documents, information and specific facts surrounding the Growth Management Director's decision in this matter, it is clear that no violation of the Sunshine Law has occurred and that the Growth Management Director's decision was well within the scope of her authority and that her application of the code was correct. Should additional information and/or research he desired, please advise. macs Palm Beach harden,I viler,K\lrim,Sunah+ne\iolaic a\Irmo-hen i,- ��n•�doc . e JX//////ii/.//,/. • / l / AI IOR`'I V' Al I A\1 1 1 1 1 I1%pulu\0 Road Sulk 2117 ,,,i/ , ; .., jt)II`CURIO.11 11 11 RIRtNI- (sbll5R6-711(. IRI I.A 1 \\11111 11'l l( DPI I R 0b11 556-(I I BR AM 11'\\ ISIG(,S• k1.1111\V DAVIS' 'SiHk'(crtilicd C„unt■ and R ',t\\I(DI i\1.\\ Cu cult Court Mediator Bard(rnilictI in(11% (cnu1H;UR I I„cal(i,n crumant I m, MEMORANDUM TO: Ron Ferris. City Manager Mayor. Vice Mayor and City Cou members FROM: R. Max Lohman. Esq. DATE: August 17. 2009 RE: City Code Section 78-49 Major & Minor Amendments to approved development Orders You have requested a legal opinion to clarify, generally, the authority which has been given to the Growth Management Director to grant administrative approvals for site plan amendments. You have also asked for my opinion as to whether or not the City's Growth Management Director has correctly applied the code in doing so regarding ADMN-09-07-000288. Subsequent to receiving your request. Couneilrnember Barnett sent me an email making a similar request for a legal opinion, which is attached. The following is in response to both your and Councilmember 13arnett's inquiries. Accordingly. I oiler the following: CiTY CODE SECTION 78-49—MAJOR/M1NOR AMENDMENTS Sub-section 78-49(h). entitled "Major Amendments- lists fourteen (14) types of development order amendments that are required to he reviewed in the same manner as the original application ("major amendments"). The first thirteen (13) are mostly fact based and require very little, if any. interpretation. However. sub-paragraph 78-49(b)(14). entitled "Other changes". states '•[alny change to an approved plan or any change to an approved plan when considered cumulatively with prior minor amendments which. as determined by the growth management director, deviates materially from the approval granted by the planning. zoning. and appeals hoard or city council." Clearly. this sub-paragraph requires the application of site specific facts in order to determine if any single amendment represents a material deviation from the approved development order. The subject sub-paragraph specifically vests the Growth Management Director with the authority to stake such factual determinations. Section 78-49 Growth Management Director- Authority Page 2 of 2 2. Sub-section 78-49(c). entitled "Minor Amendments".defines minor amendments as "...changes to approved development orders that are not considered major amendments as previously defined." Accordingly. if an amendment is not "major" it must be "minor." 3. In her memo to the City Manager. dated August 10. 2009. the Growth Management Director sets forth the analysis and review procedure that was utilized to process ADMN-09-07-000288 and explains her decision regarding each of the criteria in subsection 78-49(b). After consultation with other city staff and members of the development review committee. the Growth Management Director made the determination that the requested amendment was not a major amendment and subsequently granted approval of same. 4. It is important to note that the Growth Management Director was delegated the authority to make such determinations by the City Council through the adoption of Ordinance 17. 2000. Interestingly, this Ordinance pre-dates the current Growth Management Director's employment with the City. Additionally. Section 78-25 of the City Code specifically charges the Growth Management Director with the responsibility of interpreting the provisions of Chapter 78. 5. The documents and information provided demonstrate that the Growth Management Director's decision in this matter was well within the scope of her authority and that her application of the code was correct. Should additional information and/or research be desired. please advise. Jamie Cobb Subject: FW: Memorandum-'Administrative Determination for Parcel 5B" Attachments: Trudi; ATT00001.htm; Memo-Administrative Determination for Parcel 5B.pdf;ATT00002.htm From: Jody Barnett <jbarnett @pbgfl.com> Date: August 13, 2009 11:15:23 AM EDT To: "'Max Lohman' <mlohman@pbgfl.com> Subject: FW: Memorandum-"Administrative Determination for Parcel 5B" Dear Max, The attached letter was written by Kara Irwin. I am asking that you give me a legal opinion in writing in regards to Ms. Irwin's determination that building a new 9000 square foot building is not a"material deviation" from an original development order, specifically in regards to 5B and the PBG City Code. I will await your written opinion. I expect to receive your legal advice as soon as possible considering the expediency of this matter. This is a timely matter, as there is a building currently under construction based upon the aforementioned ill conceived approval given by Ms. Irwin. It is my belief that an injunction may be in order. Thank you for your help in this most important matter. Jody Barnett RECEIVED ~+ CITY OF PALM BEACH GARDENS r,' V MEMORANDUM AUG 1 1 2009 CITY OF PALM BEACII GARDENS CITY MANAGER TO: Ronald M. Ferris, City Manager DATE: August 10, 2009 FROM: Kara L. Irwin,A.I.C.P.,Growth Management Administrator SUBJECT: Administrative Determination for Parcel 5B Application for Administrative Approval City Code Section 78-49, amendments to approved development orders, sets forth standards by which staff is permitted to provide administrative review and approval for site plan amendments that are minor, as opposed to major amendments that require City Council approval. Recently, an application (Petition ADMN-09-07-000288) was submitted by RCA Center 11 of Florida for an amendment to allow for the addition of Building 11A, a single-story 9,000 square foot building on the southwest corner of RCA Drive. Administrative approval was granted August 5, 2009. As requested, staff has provided the analysis and review that was completed prior to the acceptance of the application for an administrative approval. This process is completed at the submittal of all administrative applications for minor amendments to ensure the request complies with the Code. • Staff reviewed the petition against City Code Section 78-49, amendments to approved development orders (attached), to determine the process the petition must be reviewed by (i.e. major amendment, minor amendment, etc.). • The subject request did not trigger any of the criteria considered to result in the submittal of a major amendment or minor amendment to the approved development order. • City Code Section 78-49(c), minor amendments, allows for the growth management director to approve minor site plan amendments in consultation with other city staff and the development review committee, so long as the request, which as determined by the growth management director, does not "deviate materially from the approval granted by the planning,zoning and appeals board or City Council." Evaluation of Amendment Sec. 78-49. Amendments to approved development orders. (a) Amendments to approved development orders. Criteria for amendments to approved development orders, including site plans, master plans, architectural elevations,conditions of approval, developer's agreements, project phasing, etc., are established by this section. For the purpose of this section, two types of amendments are created: (1) Major amendments; and (2) Minor amendments. (b) Major amendments. Development order applications for major amendments are reviewed in the same manner as the original application. Major amendments to approved development plans include the changes listed below. 1) Increase of intensity. Any change in nonresidential intensity which, in combination with prior minor amendments, cumulatively exceeds the limitations or standards listed below. a. Relocation. Any proposed relocation of the approved number of gross square footage which is equal to or greater than five percent of the approved gross square feet of all nonresidential structures. The proposed building is 9,000 square feet,which is less than 5%of the approved gross square footage of 377,317. Five percent of the approved gross square feet of all nonresidential structures Is 18,865 square feet. b. Decrease in required parking. Unless otherwise provided in this chapter,any proposed decrease of the existing number of parking spaces which is the greater of five percent of the existing parking spaces or 20 parking spaces. Decreases in required parking otherwise requiring action by the planning, zoning and appeals board or the city council shall not be considered a major amendment for the purpose of this section. There Is no decrease in the required parking for the project. c. Increase in the number of structures. Any proposed increase in the number of principal or accessory structures that changes the overall intent of the original approval. The approved changes do not change the overall Intent of the original approval for a mixed-use planned unit development. d. Any proposed reduction of heavily utilized parking spaces as determined by the growth management director. Not applicable. (2) Increase in density.Any increase in the approved number of residential units. Not applicable. (3) Increase in building height above the height permitted in the applicable zoning district. The approved building is a one-story building. The zoning district permits a maximum height of four floors. (4) Utility facilities.Any addition or relocation of outdoor utility facilities, including, but not limited to,the following:chillers, air-conditioning units,above-ground fuel tanks including propane or natural gas, electrical equipment such as junction boxes, and ground-mounted service boxes for public utilities such as telephones and cable television,which are deemed to be substantial by the growth management director. This shall not apply to single-family lots or duplex lots. Page 2 of 2 Not applicable. (5) Boundary changes. Any proposed boundary change of the approved development plan. Not applicable. (6) Traffic impact. Any increase in overall traffic impact, except as may be provided in this chapter. Not applicable. (7) Character and appearance.Any amendment which would negatively impact the character or the appearance of an approved development. The approved building is consistent with the character and appearance of the development. (8) Amenities. Any amendment which would materially decrease the number or size of amenities in all or a portion of any residential or nonresidential development. Not applicable. (9) Residential unit types.Any change in the approved mix of residential dwelling unit types that would require alterations of an approved plat. Not applicable. (10) Architectural style. Any change in the approved architectural style of residential dwelling unit types or nonresidential structures which results in: a. An architectural style that is out of character with the approved or existing architecture (e.g.,change from Mediterranean style to neo-classical). The approved building is consistent with the approved architectural style. b. New residential models that are substantially different from approved models. Not applicable. (11) Building materials.Any significant changes In exterior building materials that result in a downgrade as determined by the growth management director. There are no changes to the building materials. (12) Changes to phasing or conditions.Any changes to an approved development phasing plan or any condition of development approval. Not applicable. (13) Changes to developer's agreements.Any changes to an approved developer's agreement. Not applicable. (14) Other changes.Any change to an approved plan or any change to an approved plan when considered cumulatively with prior minor amendments which, as determined by the growth management director,deviates materially from the approval granted by the planning, zoning,and appeals board or city council. The proposed building does not deviate materially from the approved project. Attachments: Code Section 78-49 Page 3 of 2 Professional Firefighters/Paramedics ,/:. .:.40,. ‘,/, of Palm Beach County, Inc. IAFF Local 2928 4 .. 411 *.' 2328 South Congress Avenue • Suite 2-C West Palm Beach, Florida 33406-7674 ARL-0° 561-969-0729 • Fax: 561-969-1059 C C www.lAFF2928.com July 10, 2009 Ron Ferris, Manager ( RECEIVED Palm Beach Gardens 10500 N. Military Tr. JUL 1 4 2009 Palm Beach Gardens, Fl 3410 Re: Fire Rescue Merger Options CITY oFCIMANAGERAIiD[?Is Via Hand Delivery Mr. Ferns On June 23rd and 24°i, we were requested to hold a meeting with the members of the Palm Beach Gardens Fire Rescue Department regarding the possibility of merging the services of our departments. During this meeting, many questions regarding the merger procedures were asked and answered. As we have discussed, the position of the County. Management and Union, is that mergers must be voluntary. Accordingly. a vote was taken both nights, the results of which were overwhelmingly favorable to exploring the possibility of merging. Additionally, our representative has contacted most of the remaining members who were not able to attend the meeting. As a result of the direction of the members of the Palm Beach Gardens Fire Rescue Department, I am writing you this letter to request that you contact the Palm Beach County Fire Rescue to begin the process of exploring the merger options. As was discussed, in the meeting this afternoon, Ed Morejon will function as the point person for the information requests with Chief Brown. Should you have any questions with this matter. or require any additional information, please do not hesitate to contact me at the above captioned number. Sine rely. 1 ii chael J. a o y / CI---- P esident, Professional Firefighters and Paramedics Of Palm Beach County, Local 2928, Inc Cc; Joe Russo, Mayor, PBG Herman W. Brice, Administrator PBCFR Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC CITY OF PALM BEACH GARDENS • • ,: � 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 I ` • 4 All July 17, 2009 Mr. Herman W. Brice, Fire Rescue Administrator Palm Beach County Fire Rescue 405 Pike Road West Palm Beach, FL 33411-3815 Re: Fire Rescue Merger Options Dear Chief Brice: Attached, please find a letter dated July 10, 2009 from Mr. Michael Mayo, President of the Palm Beach County Local 2928, regarding the possible merger of the City of Palm Beach Gardens Fire Department and Palm Beach County Fire Rescue. The City has no objection to the County exploring this possibility, should it choose to do so. We will cooperate fully with any future proceedings or requests for information. Should you have any additional questions, or wish to discuss this further, please do not hesitate to contact either my office at 561-799-4112, or Mr. Allan Owens, Finance Administrator, at 561- 799-4163. Sincerely, ?Z, Ronald M. Ferris City Manager cc: Mayor and City Council Michael J. Mayo, President, IAFF, Local 2928 Peter Bergel, Fire Chief, Palm Beach Gardens 'H • . 11?-` • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Department Heads FROM: Ron Ferris, City Manager yi,.c '� ( e SUBJECT: City Council Communications DATE: 08/17/2009 Effective immediately, as provided for by the City Charter, you and your staff are hereby directed to contact the City Manager's office immediately, should a member of the City Council request assistance or information directly from you and/or a member of your staff. You and your staff are also required to inform Council members that they are to contact the City Manager's office with their request for information or assistance. There will be no exceptions to this policy and violation of such may result in disciplinary action. Should you have any further questions, please do not hesitate to contact my office at 799.4112. cc: Mayor and City Council CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor/Council DATE: August 18, 2009 FROM: Patricia Snider, City Clerk SUBJECT: Correspondence, Email, Voicemail As discussed throughout the budget process, as a result of the workforce reduction, Council mail, email and voicemail will be relinquished to City Council effective today. In an effort to assist with the transition, the following procedures have been established to provide access while preserving public records. It will be necessary to provide the appropriate telephone number and email address to which you want your calls and emails forwarded and we will make the necessary changes. Mail: Mail packets and agendas will be available for pick up at City Hall. A table has been designated in the City Clerk's department equipped with individual bins. Since copies will no longer be made for all Council, you will only receive mail addressed specifically to you. We will continue to date stamp, open, and maintain one copy to be used for the Read File located in the lobby. The mail bins will be filled daily, and agendas will continue to be available the Thursday prior to each Council meeting. If there are any reports or special items requiring your immediate attention, you will be notified. Email: As email comes to your pbgfl.com account, it will be saved on the server at City Hall. A copy will be created and immediately forwarded to a personal email address of your choice. Since this is a copy you can freely delete these emails since the originals will be held at City Hall. You may want to consider creating a separate email address with Yahoo, Gmail, or Hotmail in order to keep these emails "separate" from your normal day-to-day email account. This is especially important if you've ever experienced a problem with exceeding the size limit of your personal email account. Be advised that the volume of emails will increase since there will no longer be a spam filter eliminating junk and spam messages. Please forward to me any emails you want distributed to the rest of Council. Voice Mail: Voicemail will be handled in much the same way as email. The easiest and most efficient method is to automatically forward the calls to a personal cell phone or landline. Any incoming call to the Councilmember's City Hall extension will ring to the City phone four times then automatically forward to your personal line. This method does not allow for messages being left on a City voice mailbox, and the City Hall phone must ring four times prior to the call being forwarded. Events: Unless otherwise directed, the coordination of important dates, events, rsvps, registrations, scheduling meetings, and travel arrangements will also become the responsibility of the individual Councilmembers. Please let me know if you have any questions. cc: City Manager Ron Ferris Assistant City Manager Stacy Rundle I r a Response to Chit m nage ,roi , ett s ,B m _ be I _, coun II hi Ali , tions September 24 , 2009 ' ' .\'. t ,k', .: t, , '', . ' • .' , -,. -,•-,,-. ,-,. ,,ii<-1, ..,, ,,,, \,,\,.;,,..,,i,,,,,,,,...:,. . ,,..,-;, "..,....",, \A •':' ., 1,..-Ivit.i . , ..,- %,.--. .. • ‘ , .‘.', %,-,,.',.,,,-„.;\-,-, .-Vt*,8,,,%-,:-:.t.:,1,,,- . '!..,'A\`''-'.:,,•:, , . -,,, .'`,..-,,,' \''•#",-' -,' ...,‘` `4.'‘''s,- ' -'',','-';%.4.'41 'Z‘ ,s,-:. ..'' ''s , , N' . .,'\,:v;\`',V■tAt!= -.;‘,.''' ' .. •i':':,P'45,.'t 4N;\‘:".1\''-, - ' ' •■'Ali'',-;'',":'`.:1'''...\:','''''4‘.%,-,'::- ' ,; '; t\ :. : c:\'-?' :N .': - •',..'.:,,\::-,;.;.';N,;!;t:WIttl'`.,-7--',':' . •" ""lit,2 '1'ieT' : '' '''. ' •4}X.,1-,‘, ' . , • • ',. '.,-:'vkti,",AL.-, ,,..\ ,-,- , ,1 244 - ,'.%.'.' , .,,2----,i' • '' .-- . k!t.i.i.. 1#•. i„, ,,..- . ,.. , . _ — ,-„—,,bi,..-41 ,v ,,-,,--..- Allegation Improper hiring of the City ENGINEERING DEPARTMENT Engineer, in violation of the Charter City Manager Response Director of The hiring of the Director Engineering of Engineering was with Engineering Engineering approval of the Council and Associate Inspector was not a violation of the Charter. 5 , 149 kt'V'`L' + Allegation Failure to call for Annual Performance Evaluation , in violation of Employment Agreement Response The City Manager was required to place "notice of intent not to renew Employment Agreement" item on agenda prior to May 1 , 2008 . Done April 17 , 2008 The Employment Agreement does not mandate that the City Manager place the performance evaluation on the agenda annually. There is no violation of the Employment Agreement. Allegation City Manager allowed a willful and purposeful violation of Sunshine law Response City Attorney's opinion : • No violation of the Sunshine Law occurred Application of the code was correct Allegation Failure to handle request from the IAFF professionally Response At this time , there is no policy decision to discuss . This issue was handled professionally. Allegation Lack of transparency in City Hall Response The City Charter states , "The council and its members shall deal with city employees solely through the city manager. " Recent directives to staff protect council members and preserve public records . There is not a lack of transparency at City Hall . Allegation Quid pro quo concerns relative to my mailing address in 2008 Response Ms . Wong resigned her position with the City in 2005 . I rented a vacant condominium owned by Natalie Wong in January 2008 for $ 1 , 250 / mo . + utilities She was subsequently rehired by Growth Management staff in November 2008 . I moved out of the condominium in December 2008. No quid pro quo exists . Allegation Unprofessional decision with regard to Sandalwood banner Response I did not convene a special magistrate hearing the very next day for this violation . The hearing did not cost the taxpayers thousands of dollars . The cost to the City for the special hearing was $ 1 50 . I did not hold taxpaying citizens to a different standard than the business community. Since 2008, violations issued under this code section total : Commercial - 1 7 vs. Residential - 1 Is Allegation Long term , personal relationship with a staff member, which has made many staff members uncomfortable to the point they felt they had to pursue employment elsewhere Response I have had long term , personal relationships with staff members at all levels of this organization . Neither HR nor myself has ever received a complaint of this nature , nor have any resignations been submitted citing this reason. Conclusion Cou nci l mem ber Barnett' s allegations are without merit . I am deeply concerned about the legal implications her behavior may have for the City and members of Council . The accomplishments and professionalism of this staff are evident and the results speak for themselves . s," y "t+ #