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HomeMy WebLinkAboutAgenda Council Agenda 061908 CITY OF PALM BEACH GARDENS COUNCIL AGENDA June 19, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. (Page 4) Citizen Award to David Baron (in recognition of his heroic efforts rescuing a toddler). b. (Page 7) Lifetime Achievement Award to C.R. Brown – Fire Rescue V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. (Page 9) Budget Preparation Update. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 16) Approve Minutes from May 1, 2008 City Council Budget Workshop meeting. b. (Page 20) Approve Minutes from May 1, 2008 regular City Council meeting. c. (Page 26) Approve Minutes from May 14, 2008 City Council Town Hall meeting. d. (Page 31) Approve Minutes from May 15, 2008 City Council Budget Workshop meeting. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso e. (Staff Report on Page 36, Resolution on Page 38) Resolution 46, 2008 - Addenda to Standby Agreements for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewal of the Standby Disaster Recovery Services Agreements with Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc.; authorizing the Mayor to execute the renewals; providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 162, Resolution on Page 191) Resolution 39, 2008 – Amendment to Restrictive Covenant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Recorded Restrictive Covenant for Retail Building 2 within Parcel 27.05/27.06 located at 2845 PGA Boulevard within the Regional Center Development of Regional Impact (DRI); providing an effective date; and for other purposes. Part II – Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 194, Resolution on Page 196) Resolution 42, 2008 - Appointment of regular and alternate members to the Art in Public Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Art in Public Places Advisory Board; providing an effective date; and for other purposes. b. (Staff Report on Page 228, Resolution on Page 230) Resolution 47, 2008 - Appointment of regular and alternate members to the Parks and Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Parks and Recreation Advisory Board; providing an effective date; and for other purposes. c. (Staff Report on Page 261, Resolution on Page 263) Resolution 50, 2008 – Appointment of regular and alternates to the Planning, Zoning & Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Planning, Zoning & Appeals Board; providing an effective date; and for other purposes. d. (Staff Report on Page 325, Resolution on Page 327) Resolution 49, 2008 – Appointment of regular and alternate members to the Community Aesthetics Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Community Aesthetics Board; providing an effective date; and for other purposes. e. (Staff Report on Page 337, Resolution on Page 339) Resolution 53, 2008 - Re- establishing the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida re-establishing the Budget Oversight Committee; providing a purpose, powers and duties, membership, and meetings; providing an effective date; and for other purposes. f. (Staff Report on Page 342, Resolution on Page 344) Resolution 51, 2008 – Appointment of regular member to the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of a regular member to the Budget Oversight Committee; providing an effective date; and for other purposes. g. (Staff Report on Page 362, Resolution on Page 364) Resolution 48, 2008 – 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. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 10, 2008 Meeting Date: June 19, 2008 SubjecVAgenda Item: Citizen Award to David Baron in recognition of his heroic efforts rescuing a toddler. Reviewed by: Patricia Snider, Clty Clerk on behalf of Eric Jablin, Ma r u I Ap/pro4d by: Ci Manager Driginating Dept.: Crty Clerk on behalf of Mayor Jablin Advertised: Date: Paper: [ x ] Not Required Affected parties [ ]Notified [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: BACKGROUND: Attached is a copy of the People Magazine article reporting the rescue of Morgan Scott at the Gardens Mall, On March 12, 2008, David Baron was walking through the mall and saw Morgan balancing on a ledge near the escalator. He ran up the escalator stairs and grabbed Morgan’s wrist and hauled her over the side to safety. ., ... .. He has zrtificial hips and a pacemaker, but when Dmki Baron salv a iitt!e girl in peril, lie turned into Stipt. ’ I’n3a n. A n~~llwilker, Baron was finishing his daily circuit with wife Syfviri at a West Palm Reach. Fla., shopping center on March 12 when he spotted 3-year-old Morgan Scott balancing mi ;L lcdge near the escalator. Suddenly the curly-haired tyke grabbed the rubber railing from the outside and began to rise upward, legs dangling 20 feet off the ground. “hiommy!” she wreamed. As horrified bystanders looked on, Harun bvut~ded UP the escalator two stitirs at ti time, grabbed Murgan’s wrist atid tiauled her over tlic side to safety. “IC he hadn‘l got- ten her hand, she would fiavc heen g~me,” says Morgan’s grandmother Josephine DcBiase, ’71, who was watching Morgan and holding hcr 5-month-old brother Hunter: morn Donna DeRiase-Scott was in t room at the time. Baron, a Navy vet and retired newspa- Adds DeBiasc- *ott: ‘ &rt€tefid.’+ “You don’t th forward to hi hc still has s as young as ever - . _. b. Lifetime Achievement Award to C.R. Brown -Fire Rescue Palm Beach Gardens Fire-Rescue would like to nominate Deputy Chief Chris (C.R.) Brown to receive the "Linda Schutte Lifetime Achievement Award". Chris has been actively involved in EMS in Palm Beach County for the past 20 years and was a pioneer in pediatric pre-hospital care early in his career when he teamed up with Dr. Martha Bushore, Chief of Pediatric and Emergency Critical Care Services at Good Samaritan Hospital. As a new paramedic Chris did not have the comfort level in treating children as he had with adults. Shortly, after a brief conversation with Dr. Martha Bushore on the subject, he was enrolled in the very first PALS Class in Palm Beach County and the first Paramedic to be certified as a PALS instructor. Soon after Chris became the Pediatric Education Coordinator for Good Samaritan Hospital and for the next several years taught hundreds of nurses and paramedics PALS and a Pediatric Pre-Hospital Course. As a certified CPR and PALS instructor Chris taught each and every class for free on his own time. This is just one example of Chris' contribution to EMS in Palm Beach County. Chris' other accomplishments include: e e 0 e e e e e e e e e Past President Palm Beach County EMS Providers 1997-1999 CPR Coordinator for West Palm Beach Fire-Rescue Founding member of both West Palm Beach & Palm Beach Gardens Fire-Rescue's first ALS Competition Team Paramedic Instructor for Palm beach Community College Muscular Dystrophy Association Summer Camp Councilor and Fund Raising Coordinator for West Palm Beach Fire Rescue Inventor of the Board Bag ( a bio-hazard bag for contaminated backboards) Co-Chair of five mass CPR Festival mass training events in Palm Beach County Instituted the first bike medic program in South Florida Board of Directors for the Big Heart Brigade of the Palm Beaches, an organization dedicated to assisting the community, public safety professionals and others during time of need. Chris was one of three paramedics to be trained as a reserve police officer and serve on the first SWAT team for PBG Police Department Coordinated the Palm Beach Gardens public AED program Coordinated with Medtronic to become the first agency in Palm Beach County to transmit STEM1 from the field to the emergency department and catheterization lab. Chris joined Palm Beach Gardens Fire-Rescue in 1994 as the departments first EMS Captain. Chris was directly responsible for the development of and implementation the department's new EMS system. Prior to his arrival Palm Beach Gardens Fire-Rescue only provided first responder BLS care. Through his dedication and expertise Palm Beach Gardens Fire-Rescue quickly became one of Palm Beach County's top EMS providers with a reputation for innovation. Chris' commitment to excellence is evident in Palm Beach Gardens Fire- Rescue as he has endeavored to have the highest trained paramedics of any ALS ground service in Palm Beach County. Recently, C.R has filled the position of Deputy Chief of Emergency Services and although he will no longer over see the daily operations of the EMS Division, the impact that he has made on our system will be around long after he has retired. We feel fortunate to have recruited C.R to join our department, a job he took with a very large pay cut, just to fulfill his passion in providing top quality EMS services and education. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council A G+z- APPROVED: Ron Ferris, City Manage ‘ &- DATE: June 11,2008 FROM: Allan Owens, Finance Administrator SUBJECT: FY 2008/09 Tentative Millage Rate Considerations Introduction As you know, staff has been working on a draft of the proposed FY 2008/09 operating and capital improvements budget. In order to finalize the proposed spending plan, Council must set the maximum tentative millage rate. This rate will be set by resolution at the July 17,2008 Council meeting. However, in order for staff to complete a proposed budget for distribution prior to that meeting, staff must know what Council’s direction is with regard to this rate. Over the last two weeks, staff has had individual meetings with Council members to discuss future ramifications of the millage rate that will be set for FY 2008/09. Background In order to understand the possible future impacts, it is helpful to review the new tax cap rules enacted with last year’s tax legislation. Under these new rules, a taxing authority may not levy, without a super majority vote, an operating millage rate that exceeds the current year’s roll-back rate, increased by the growth in the Florida per capita income for the prior year. Based on the preliminary property valuation released May 29, 2008, the City’s roll-back rate is 5.5565. When increased by the Florida per capita income growth of 4.15%, the adjusted roll-back rate is 5.7871. However, as a result of last minute legislation (SB 1588), this rate must be adjusted for the effects of Amendment 1. The new legislation requires that this rate be reduced by the percentage that total property values went down due to the effect of Amendment 1. This calculation results in a revised maximum millage calculation of 5.5372 mills. This rate can be exceeded, but only by a super majority vote of the Council. 1 As we have discussed during our individual meetings, staff has written an Excel program that will update our five-year forecast of revenues, expenditures, and undesignated reserves, based upon a basic set of expenditure and revenue assumptions. These assumptions can be modified, and the effects on expenditures, revenues, and undesignated reserves are illustrated graphically. The significant assumptions used for the analyses are as follows: Expenditures 1. 2. 3. 4. Salaries - All salary increases are projected to increase 3% per year, with the exception of the years remaining for the SEIU and PBA contracts, which are set at 6% per year for one and two years, respectively. With regard to general employees, a 3% increase equates to approximately $300,000 or .4% of estimated total expenditures for FY 2008/09, as compared to an increase of approximately $1,200,000 or 1.6% of total expenditures, for contractual obligations. Health Insurance - An average annual increase of 6.5% has been projected. This is in line with last year’s renewal. It is staffs intention to keep the net cost increase at or below this amount, either through negotiation, competitive bidding, plan design, or increases to employees’ contributions. Workers Compensation and Property/Casualty Insurance - An average annual increase of 7.5% has been projected. This is in line with the average increase of 8.05% for property and liability coverage since 2003. Although the market for property insurance has softened recently, there is always the possibility of catastrophic storms as we experienced recently, which increased our premiums in one year by approximately 50%. Workers’ Compensation projections are extremely difficult to forecast. This is due to the many factors that go into the calculation, including experience, amount of risk retained, and the actual State mandated rates. Although rates have actually stabilized recently, we have been informed that our experience rating for next year is increasing from .78 to .89 (an increase of 11%). Therefore, even if rates stayed the same, our total expense would increase by approximately 11%. However, for projection purposes, we are assuming an average annual increase the same as property and liability, or 7.5%. As with health insurance, it is staffs goal to hold the annual renewals at or below this amount, either through self-insurance, bidding, or increasing deductibles. Operating Expenditures - An average annual increase of 4% has been factored into the forecast to cover inflation. Although the most recent 12 month CPI for the Miami-Ft. Lauderdale region is 4.9%, the average for 2003-2007 is 3.9%. 2 Revenues 1. Growth in Taxable Value - For Fiscal Year 2010, a 4% decrease is projected (which is the same as the decrease experienced for Fiscal Year 2009). In the hope that the real estate market will rebound somewhat, moderate increases of 1 %, 2%, and 3% are factored in for years 201 1,2012, and 2013, respectively. 2. New Construction - The preliminary number received from the Property Appraiser has been factored into Fiscal Year 2009. For future years, estimates have been factored in based on projected square footage of known projects. 3. Other revenues - Moderate growth of approximately 3% annually has been factored into future years for other revenues. Especially critical to the revenue forecast are the proposed operating millage rates. As we have discussed individually with each Councilmember, the operating millage rate that is established in Fiscal Year 2009 will establish the base from which all future years will be calculated. As mentioned previously, the maximum millage that may be levied, without a super majority vote of the Council, is the roll-back rate (which is a function of the previous year’s operating millage rate and the current year’s adjusted taxable value), increased by the growth in per capita Florida personal income. Therefore, the maximum operating millage established for Fiscal Year 2009 becomes extremely critical to our forecast for the subsequent four years. Attached to this memorandum are printouts of the following three scenarios for Council’s consideration: Scenario 1 shows the forecast based upon keeping the millage at 5.105 (the same as the current fiscal year), with future years set at rates ranging from 5.20 to 5.35 mills (in line with the current five-year forecast in the Fiscal Year 2008 budget document). As you can see, expenditures consistently exceed revenues each year, and undesignated reserves are reduced to less than 5% by Fiscal Year 2013. It is extremely important to note that, with the statutory millage cap, it becomes impossible to establish an operating rate sufficient to cover all projected expenditures in future years, absent a super-majority vote of the Council. Scenario 2 is based upon establishing the operating millage at 5.5372 mills (the estimated maximum allowed for Fiscal Year 2009), with future years ranging from 5.5372 to 5.66 mills. In this scenario, undesignated reserves are drawn down to approximately 22%, with Fiscal Year 201 3 revenues balanced to expenditures. 3 Scenario 3 is based upon an operating millage rate of 5.35 for Fiscal Year 2009, with future years ranging from 5.45 to 5.66 mills. In this scenario, undesignated reserves are drawn down to approximately 19%, with Fiscal Year 2013 revenues balanced to expenditures. Recommendation Given the above analysis, staff recommends establishing the tentative maximum millage at 5.35 mills for Fiscal Year 2009. This would appear to be the most financially prudent action, in that it would provide the ability to establish a higher base for future years, while at the same time providing for a planned reduction of undesignated reserves to an amount closer to Council’s policy of 5-1 5%. Please keep in mind that this rate can be lowered, but not raised after it is set by Council at the July 17, 2008 Council meeting. The sole purpose for discussing this issue at the June 19,2008 Council meeting is to receive direction from Council as to what the maximum rate should be. Once this is done, staff can finalize a draft budget document which will be distributed to Council, the Budget Oversight Committee, and posted on the City’s website. There will be ample opportunity to discuss the detailed line items during the budget public hearings. Lastly, please keep in mind that the primary purpose of the five-year forecast is to highlight trends, so that corrective measures may be taken on a pro-active, rather than a reactive, basis. Although one could argue many of the individual assumptions that have been used, there can be no debate on two central issues: First, growth from the real estate market in the form of new construction and asset appreciation is virtually non-existent for the next several years; second, the main driver for expenditures are the assumptions used for salary and personnel cost increases. These account for approximately 70% of total expenditures. Therefore, it is of paramount importance that these costs be controlled during future collective bargaining negotiations. If you have any questions, please do not hesitate to contact Mr. Ferris or myself. 4 5 v 0 t, s 5 5 P k E I t I ? n f 3 e k s J I 5: U ID 3 n : B 5 U Q. 0 3 ul f < ID C ID a B c U e 0 3 5 N 0 0 (0 CI 0 * I "7 I ii 1 U 3 * U U 3 U 3 2 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP MAY 1,2008 The May 1, 2008 Budget Workshop of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:04 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody Barnett and Councilmember Robert Premuroso. Mayor Jablin welcomed all to the budget workshop and announced another will be held on May 15,2008 at 6:OO p.m. 111. WORKSHOP a. Citizen Budget Workshop - Comments from the Public. Mayor Jablin invited all those wishing to speak about the upcoming budget to fill out a card and give it to the City Clerk. Mayor Jablin then asked that the clock be readjusted from 2:OO minutes to 3:OO minutes. Pat Hughey, Palm Beach Gardens, asked a question regarding Human Resources. Mayor Jablin stated City Council is not prepared to answer specific questions, but would like to take comments. Answers to specific questions will be prepared. Ms. Hughey asked more questions regarding staffing, the City Manager’s contract, City Council position requirements and information regarding the new Police Department radio transmission antenna. Eileen Tucker, Shady Lakes, stated her objections to a bill from the City for $183.49 for a public information request. Ms. Tucker asked questions regarding Human Resources, the City’s take-home-car policy, Code Enforcement issues, special event costs and suggested non-residents pay to attend special events. Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, Garden Woods, representative on the Kyoto Gardens Drive railroad crossing issue, stated his objections to the unsafe condition created by the Kyoto Gardens Drive railroad crossing and suggested an overhead bridge. Mr. Blangy requested the amount of money paid to the Florida East Coast (FEC) Railroad so far. Mayor Jablin stated the information will be provided. John Chaplik, Palm Beach Gardens, discussed declining property taxes, capital expenditures, fleet purchases and maintenance, and employee salaries and benefits. Mr. Chaplik spoke favorably of the change to the Florida Retirement System (FRS). Carolyn Chaplik, Palm Beach Gardens, suggested: elimination of the salary and benefits study in June, salary and benefit cutbacks for new hires, and education reimbursement. Ms. Chaplik questioned the need for an on-site emergency operations center (EOC) that would house the Information Technology (IT) department and suggested a nightly off- site backup. CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP 05*01*08 PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Terry Brady, Lacey Oak, Palm Beach Gardens, stated his concern for how the Police and Fire Departments’ contracts are negotiated and suggested guidelines the City can set for the union negotiators. Paul Auerbach, Gardens of Woodbury, asked why specific budget items were not being discussed, when the budget will be available for review, how the City plans to save money and for the status of the flyover artwork repairs. Mr. Auerbach stated his objections to Mrs. Tucker’s bill for $183.00 for her public information request. Mayor Jablin thanked everyone and asked if anyone else had any comments. Seeing none, he asked Council for their comments. Councilmember Russo stated the workshop was to listen to residents for their suggestions going forward. Work on the budget is in the preliminary stage. Councilmember Russo acknowledged the suggestions of Eileen Tucker to charge non-resident fees for City activities and John Chaplik regarding extending the life of our fleet and stated that staff has already begun looking into them. The salary-related issues and health, safety and welfare will be looked at internally. Councilmember Russo stated the importance of Recreation to the families of the community and asked if programs should be cut. Councilmember Russo stated he is in favor of the salary survey in relation to government and does not agree with eliminating raises or salary cuts as a reward for good work and great ideas. He reiterated that the budget workshops are for exchanging ideas, not for discussion of dollars and cents. Mayor Jablin stated the City will not know how much money it will be getting until the Property Appraiser provides the figures in late June or July. There is no budget at this time. City Council is seeking ideas that can point them in the right direction. Mayor Jablin stated he would like to hear from more of the 55,000 people that live in this City. City Manager Ferris stated staff has been meeting and discussing ideas for revenue generation and expenditure cuts for several months. Staff has met with City Council. Salaries and benefits have been discussed, as have union contract requirements. Adjusting the costs of benefits and employees’ contributions are being considered. Creative revenue-producing and cost-cutting ideas are being sought. Suggestions from residents are welcome. Pat Hughey Palm Beach Gardens, stated her understanding of a workshop is an exchange of information. Ms. Hughey suggested that residents could provide more constructive feedback if they knew the ideas staff was considering. Mayor Jablin stated the process is just beginning and all of the information is not readily available. He restated the objective of community input to the process. Mayor Jablin stated that responses will be provided for questions. Councilmember Barnett stated she asked not to have presentations specifically so there would be time to hear residents’ comments. She acknowledged the concern for protecting Police and Fire as much as possible. Suggestions regarding FRS, the City vehicle policy and Public Works can be looked into. Councilmember Barnett requested areas that residents would like to see cut and areas they would not like to see cut, but could stand to see reduced and still maintain the quality of life in the City. Pat Hughey, Palm Beach Gardens, stated she understands the Police and Fire Departments have unions that negotiate their contracts. Ms. Hughey stated she does not believe there has been an exchange of ideas and asked to hear from staff the things that they are looking at. CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP 05 00 1 08 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Councilmember Russo stated he did not agree with eliminating the presentations. He stated he has met with staff and they are looking at FRS, the fleet, and all of the money- saving suggestions that were made. Councilmember Russo stated that if Police and Fire are untouched, Growth Management is zero-based, Engineering is developer-reimbursed, Finance and the City Clerk are required, one of the few things left is Recreation and he believes that is why people come here to live. Pat Hughey, Palm Beach Gardens, suggested questions that could be considered when reviewing Recreation projects. Vice Mayor Levy stated the Recreation Department is considering non-resident fees, especially with the Youth Athletic Association (YAA). Vice Mayor Levy is looking for priorities from the community. Maintaining the quality of Police and Fire services is important to residents, but they represent about 53 percent of the budget. Recreation fees pay for most of their costs. Many of the events mentioned are paid for through contributions. Many of the ideas suggested are already being considered, specifically, extending the lifetime of vehicles from 5 to 7 years and considering the FRS system for Police and Fire. Pat Hughey, Palm Beach Gardens, stated Palm Beach Gardens High School is the State lacrosse champion. Vice Mayor Levy stated that Ms. Hughey took his item of resident interest away. Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated she is happy with the Parks and Recreation program but believes City employee salaries should be cut. Ms. Tucker suggested a round table discussion at the Burns Road Community Center. Mayor Jablin explained the need to hold the meetings in Council Chambers is for recording purposes. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the budget workshops were announced at the president’s council at the Palm Beach Gardens Property Owners Association (PGAPOA) where members expressed their confidence in City Council to budget wisely. Ms Elias stated Parks and Recreation does a wonderful job and she is glad to see the golf course is now making almost what is being spent, but suggested the possible sale of the golf course because of the expensive equipment that is used. Ms. Elias suggested reviewing the aspects of the take-home car policy. Ms. Elias stated that when there is talk of no raises, it should be remembered that staff also lives in Palm Beach Gardens, pay taxes, and buy groceries and gas, just like the rest of the residents. Ms. Elias stated we all must suffer together and not put the burden on one marvelous group of people that live in this City. Councilmember Russo stated the golf course is not marketable when the debt service is taken into consideration because a private buyer would pay a higher amount for financing than the City pays for bonds. Councilmember Russo explained that because of the limitations initiated by the Governor and the State Legislature we can’t tax, but must meet the millage rate and provide the services the community wants and it will be difficult. Carolyn Chaplik suggested eliminating the car allowance and just paying for mileage; charging artists for their displays in City Hall; eliminating accumulative sick time and not paying hourly workers for comp time. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP 05*01*08 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 XIV. ADJOURNAMENT There being no further discussion at the Workshop, a motion for adjournment was made by Vice Mayor Levy, seconded by Councilmember Russo and approved unanimously, 5-0. The meeting was adjourned at 6:52 p.m. APPROVED: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. RUSSO, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS COUNCIL BUDGET WORKSHOP 05 -01 08 PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 1,2008 The May 1, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody Barnett and Councilmember Robert Premuroso. 111. ADDITIONS, DELETIONS, MODIFICATIONS Additions -None. Deletions - None. Modifications - Public Hearings - Part I, Quasi-judicial Resolution 27, 2008 - North County Regional Library Site Plan Amendment. Applicant is requesting additions to Condition 13 waiving surety and posting of bond for the North County Regional Library Expansion. Motion Vice Mayor Levy made a motion for approval of the Additions, Deletions and Modifications as read into the record by the Mayor. Councilmember Barnett seconded. The motion carried unanimously, 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS Mayor Jablin welcomed and recognized Boy Scout Troop 155 for their citizenship in the community. V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE Councilmember Jody Barnett announced that Thursday, May 1,2008 is Law Day, which is part of Law Week. For anyone who is interested free legal advice is available during the week by calling the Florida Bar. Vice Mayor David Levy stated the Palm Beach Gardens High School Men’s Lacrosse Team won the State Championship. It is a club, which means there is no division between small and large schools, private or public; they are the best in the state for every high school. Vice Mayor Levy also announced that Friday, May 16, 2008 is Ride Your Bicycle to Work Day. Councilmember Russo announced that he and Mayor Jablin visited the Veterans Hospital on Monday, April 28, 2008 where they were recognized for the more than $20,000 contribution from the Mayor’s Veterans Day Golf Classic. Mayor Jablin committed to holding the event again this year. Councilmember Russo stated he attended a preliminary meeting for the Honda Classic and the numbers are up from last year. The Honda Classic will contribute more than $500,000 to local charities. Councilmember Russo requested Mayor Jablin write a letter to Governor Crist should the Farm Bill pass. Councilmember Barnett stated her support. REPORTS CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05-01-08 PAGE 1 1 2 meeting. 3 4 5 6 in Council Chambers. 7 VI. CITY MANAGER REPORT 8 Councilmember Premuroso stated he attended his first Budget Oversight Committee Mayor Jablin expressed his support for the Honda Classic’s commitment to autism. He announced the Give a Smile to a Child Golf Classic scheduled for Saturday, May 17, 2008 and announced the Town Hall Meeting on Wednesday, May 14,2008 at 7:OO p.m. City Manager Ron Ferris asked Recreation Director Charlotte Presensky to give her 9 10 11 12 13 14 15 16 17 presentation. Recreation Director Presensky explained the survey conducted at the Tennis Center. The majority of responses came in the categories of very good and excellent. Summer camp operates from June 9 through August 15,2008. Forty-seven different types of camps are offered. On the first day of registration 44 percent of all of the camp slots available were filled. Recreation Director Presensky stated she believes the present economic conditions and the quality of the camp programs offered are what make them so popular. Resident registration takes place until Monday, May 5, when non-resident registration is open. Non-residents pay a 30 percent higher fee. All costs, except basic maintenance and staff positions, are covered by program fees. Councilmember Russo 18 stated he is not sure the suggestion for higher camp fees so a profit is realized is a good 19 idea because these are services provided to our residents. Recreation Director Presensky 20 stated the Tennis Center is also revenue neutral except for basic maintenance. 2 1 Councilmember Premuroso inquired about non-resident attendance. Recreation Director 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 Presensky stated it is approximately 15 percent, but may be lower this year. VII. COMMENTS FROM THE PUBLIC Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated she was happy to hear the Honda Classic did so well this year and made more money for charity. She encouraged continued attendance and support for the event. Ms. Elias stated she visited Hilton Head, South Carolina, recently and the traffic congestion there is much worse than here. She is happy to live in Palm Beach Gardens. Carolyn Chaplik, 7 15 Hudson Bay Drive, Palm Beach Gardens, stated the problem with the lighting at the Paloma development. City Manager Ron Ferris stated staff is working with the developer and the globes are being replaced with a type that directs the light directly down onto the ground. Tom DeRita, Palm Beach Gardens, stated he received an e-mail from Jordan Connor informing him the Farm Bill is dead. Mr. DeRita stated the budget is tight and he will be looking for innovative ways to bring new business to Palm Beach Gardens. Mayor Jablin thanked Tom DeRita for his work. Pat Hughey, Palm Beach Gardens, stated her intent to donate a plaza brick to the City in honor of the Palm Beach Gardens Men’s Lacross Team winning the State Championship. Councilmembers unanimously agreed. VIII. CONSENT AGENDA a. Approve Minutes from March 6,2008 regular City Council meeting. b. Approve Minutes from March 20,2008 regular City Council meeting. c. Proclamation - Building Safety Week. d. Proclamation - National Public Works Week. e. Proclamation - World AIDS Orphans Day. f. Proclamation - Municipal Clerks Week. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05*01*08 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Motion Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember Barnett seconded. The motion carried unanimously, 5-0. IX. PUBLIC HEARINGS Part I - Quasi-judicial Mayor Jablin announced the procedures that would be followed in tonight’s quasi- judicial proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight’s public hearings. The City Clerk read Ordinance 5, 2008, Resolution 26, 2008 and Resolution 27,2008 by title. a. Ordinance 5, 2008 - (2nd reading and adoption) North County Government Center Planned Community Development Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the rezoning of the North County Government Center Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and Campus Drive; amending Ordinance 18, 1995 and Ordinance 54, 1997 to transfer and amend the master site plan approval and related conditions to a separate Resolution; rezoning the 6.99-acre Department of Motor Vehicles parcel from (PCD) to Planned Development Area (PDA) with an underlying zoning designation of public or institutional (PA); and providing an effective date. [Resolution 26, 2008 is a companion item to Ordinance 5, 2008 and will require Council action.] Resolution 26, 2008 - Adoption of the North County Government master site plan and conditions of approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the North County Government Center Planned Community Development (PCD), located at the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain parcels, provide the required linkage roads throughout the parcels, relocate the environmental preserve to the West side of the North- South linkage road, eliminate the 6.99-acre Department of Motor Vehicles parcel from the limits of the PCD, as more particularly described herein; providing waivers; providing conditions of approval; and providing an effective date. [Resolution 27, 2008 is a companion item to Ordinance 5, 2008 and will require council action.] Resolution 27, 2008 - North County Regional Library Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for the North County Regional Library, located on the Northwest corner of Campus Drive and Fairchild Avenue, to allow a 14,612-square-foot addition to the existing 24,920-square-foot facility; providing waivers; providing conditions of approval; and providing an effective date. Mayor Jablin opened the public hearing and requested ex parte communication on Ordinance 5, 2008, Resolution 26, 2008 or Resolution 27, 2008 as amended, to which none was declared. Donaldson Hearing, Cotleur & Hearing, representing Palm Beach County on the North County Government Center PCD modification, introduced Melanie Borkowski and Eric McClelland, Palm Beach County and Anna Cotrell, Senior Planner. Mr. Hearing presented information on the linkage roads, reconfiguration of parcels to accommodate the linkage road and the site plan for the previously approved library expansion. The requested waivers include: 1) parking, the proposed expansion provides for more parking than code requires; 2) sidewalk within the requirements of other PCDs, and 3) requirement to have a boundary plat prior to the first building permit. Mr. Hearing CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05*01*08 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 explained Resolution 27, 2009 modification to Section 2, No. 13, is relative to the financial surety that is typically posted with the City. The same procedure is requested that was used when the courthouse was constructed which obligates the County to document to the City that the funds are fully appropriated and available to complete the project. Mayor Jablin requested questions. Vice Mayor Levy stated his agreement. Mayor Jablin opened the public hearing. Pamela Porath, 11049 Monet Woods Road, Palm Beach Gardens, inquired if the environmental preserve will be reduced in size and if it will remain natural. Donaldson Hearing explained it will remain an environmental preserve with paths. It is not intended to be a park. Nancy Denholm, Director, Eissey Theater, Palm Beach Community College, 3160 PGA Boulevard, Palm Beach Gardens, stated her support for the library project. Steve Tipolt, 11186 Monet Terrace, Palm Beach Gardens, inquired about the parcel directly next to the library. Donaldson Hearing explained the reconfiguration of the property and should it ever be developed, a process such as the current one for the library, will take place. It is Palm Beach County land and will always remain so according to the PCD. Katie Gardener, 11244 Monet Ridge Road, Palm Beach Gardens, inquired if the environmental reserve will always keep that designation. Donaldson Hearing explained the platting process and ensured it will always remain an environmental preserve. Ms. Gardener also inquired about the planned connecting road from PGA Boulevard to Fairchild Avenue. Mr. Hearing stated it is shown as a tertiary road and there is no plan in the immediate future for the road’s construction. Mayor Jablin assured Ms. Gardener that surrounding residents would be notified of any changes to the area. With no further public comments, Mayor Jablin closed the public hearing and brought Ordinance 5,2008 back up to Council for discussion. Motion Vice Mayor Levy made a motion for approval of Ordinance 5, 2008 on second reading __ for adoption. Councilmember Russo seconded. Motion carried unanimously, 5-0. Motion Vice Mayor Levy made a motion for adoption of Resolution 26, 2008 for approval. Councilmember Barnett seconded. Motion carried unanimously, 5-0. Motion Vice Mayor Levy made a motion for adoption of Resolution 27, 2008 as amended for approval: Counciimember Russo seconded-Motion carried unanimously, 5-0. Part I1 - Non-Quasi iudicial X. RESOLUTIONS a. Resolution 34, 2008 - Communications site lease Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Communications Site Lease Agreement with American Towers Asset Sub, LLC; authorizing the Mayor and City Clerk to execute the Agreement; and providing an effective date. City of Palm Beach Gardens Police Department Major Ernie Carr requested approval for Resolution 34,2008. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05.01.08 PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Motion Vice Mayor Levy made a motion for adoption of Resolution 34, 2008. Councilmember Barnett seconded. Motion carried unanimously, 5-0. b. Resolution 35,2008 - Procurement of radio subscriber units. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of radio subscriber units (mobile and portable) from WA-COM for use on the new radio system; and providing an effective date. Motion Vice Mayor Levy made a motion for approval and adoption of Resolution 35, 2008. Councilmember Barnett seconded. The motion was approved unanimously, 5-0. XI. None. XII. ITEMS FOR COUNCIL ACTIONlDISCUSSION a. Select dates for the July and August Council meetings. Council chose July 17, 2008 and August 2 1,2008. XIII. CITY ATTORNEY REPORT None. ORDINANCES (For Consideration on First Reading) Councilmember Premuroso stated that the left turn signal coming from Gander Mountain at Northlake Boulevard allows only five cars to pass. He asked that the proper department be asked to lengthen the turning time. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05*01*08 PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 XIV. ADJOURNAMENT There being no further business to come before the Council, Vice Mayor Levy made a motion to adjourn. Councilmember Barnett seconded. Motion carried unanimously, 5-0. The meeting was adjourned at 8:05 p.m. The next regularly scheduled City Council meeting will be held May 15,2008 APPROVED: Eric Jablin, Mayor David Levy, Vice Chair Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Ofice of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05.01*08 PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS CITY COUNCIL TOWN HALL MEETING MAY 14,2008 The May 14, 2008 Town Hall Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph RUSSO, Councilmember Jody Barnett and Councilmember Robert Premuroso. Mayor Jablin welcomed everyone to the meeting and requested that Council move from the dais and sit in the audience. Mayor Jablin requested anyone who would like to make a statement fill out a comment card and give it to the City Clerk. 111. WATER RESTRICTIONS Rim Bishop, Executive Director, Seacoast Utility Authority, gave a brief history of the water restrictions imposed by the South Florida Water Management District (SFWMD) beginning in March 2007 and explained the corresponding loss of sales, income, rate structure, fixed operating expenses and the recently imposed water emergency surcharge. Executive Director Bishop explained the SFWMD’s proposed year-round water restrictions and stated the area serviced by Seacoast Utility Authority is not dependent on Lake Okeechobee in any way, has more than adequate water supply, and should not have to adhere to any restrictions. Seacoast Utility Authority is considering a legal challenge to the proposed year-round water restrictions. Pat Hughey, Reed Drive, Palm Beach Gardens, asked if reclaimed water is available to private homeowners. Executive Director Bishop stated Seacoast receives 8 million gallons of reclaimed water per day and it is completely sold out to third party users. Eileen Tucker, Shady Lakes, Palm Beach Gardens, asked if there is a way to contain excess water and sell it elsewhere. Executive Director Bishop stated at some time in the future the SFWMD proposes an area that will allow for fresh water storage, but funding is a problem at this time. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, asked how and why the SFWMD controls Seacoast Utility Authority. Executive Director Bishop stated the SFWMD gives Seacoast Utility Authority the legal authorization to draw water from the ground to treat and deliver to its customers. The SFWMD is the regulator and Seacoast Utility Authority is the regulated. Vice Mayor David Levy asked: 1) is the $230 million L8 Reservoir our backup plan because it is hooked up to the canal system and delivers directly to Grassy Waters; 2) is West Palm Beach the only Eastern community using Lake Okeechobee water; and 3) is it possible to downsize or delay the nanofiltration treatment plant because of lower consumption? Executive Director Bishop stated no more nanofiltration treatment plant capacity than is absolutely needed will be built. He went on to explain the ongoing application process with SFWMD that has been underway for three years. The L8 Reservoir CITY OF PALM BEACH GARDENS TOWN HALL MEETING 05.14.08 PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 is designed to capture and impound rain water and surface water runoff and release it for various environmental and water supply purposes when needed. The project is not going well because of water quality and funding issues. Executive Director Bishop does not believe the North County will see any water from this project any time soon. He explained the area has enough rainfall, if the SFWMD would allow its use. Eileen Tucker, Shady Lakes, Palm Beach Gardens, asked if the SFWMD could be persuaded to allow an extra day of watering as protection from fires. Executive Director Bishop stated he will inquire. IV. CITY SIGN CODE Kara Irwin, Growth Management Administrator, provided a brief history of the City sign code and the formatting changes to the Ordinance 17, 2000 document from paragraphs to a table, causing the loss of some specific uses. Temporary sign use changed. Different types of signs allowed in the City were described. A recurring sign issue is neon signs, which are only allowed to be white neon and can only say “open” if they are visible from a right-of- way. New technology now includes LED display signs that look like neon but are not covered by the sign code. Current signage issues include: no regulations for signage for mixed use projects necessitating the request for waivers and residential signage, which currently allows for only one sign. The sign code may be reviewed and changed in the future. Thomas Cairnes, representing the PGA Corridor Association and the McArthur Center Properties Association, asked that these groups be included in sign code discussions with staff. Mr. Cairnes discussed issues and possible resolutions. Eileen Tucker, Shady Lakes, Palm Beach Gardens, agreed with Mr. Cairne’s suggestion to work with Growth Management Administrator Irwin and staff on sign code issues. Ms. Tucker stated she does not like the signage in Legacy Place because of the all of the colors. Ms. Tucker questioned the cloth banner signs at Palm Beach Community Church on the weekend. Growth Management Administrator Irwin stated the signs would have to be associated with a special event and have a permit. The Palm Beach Gardens Residents Association would like to be included in sign code discussions. V. WESTERN DEVELOPMENT Nilsa Zacharias, Planning Manager, gave a presentation on the future of development West of the City, including the impacts of Callery Judge, the Sector Plan and the Western Northlake Corridor Land Use Study. Planning Manager Zacharias stated the large expanse of land is a big responsibility for the future. The Central Western Communities Overlay is the continuation of the Central Plan, which was approved by Palm Beach County but not found sufficient by the Department of Community Affairs (DCA). Palm Beach County requested more information on traffic analysis and water supply. Planning Manager Zacharias explained the properties within the Overlay and the Agricultural Enclave Bill amendment, which failed. The City of Palm Beach Gardens is monitoring the Western land at the County level. Current designations are Rural Residential 10 (RRIO), one dwelling unit per 10 acres, and RR20, one dwelling unit per 20 acres. Environmental issues were presented including wetlands and flow ways. The possibility of small commercial centers in the area was presented to help contain traffic. The Vavrus and Spears properties were discussed. The cost of keeping parcels for preservation was presented. Eileen Tucker, Palm Beach Gardens, asked how the people who live in the Western areas feel about commercial centers in the area. CITY OF PALM BEACH GARDENS TOWN HALL MEETING 05*14*08 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Carol Estrada, Palm Beach Gardens, stated she has family living in the Western area and strip centers are not wanted. Carolyn Chaplik, Palm Beach Gardens, stated she believes the land should be kept at RRlO and RR20 to preserve the rural atmosphere. Planning Manager Zacharias stated a small commercial center, approximately 30 acres, is being proposed at the County level for the corner of Northlake Boulevard and Coconut Grove. Councilmember Russo stated that in the past residents have wanted to keep the Western area as it is. Councilmember Russo wants to see the land remain as it is until a Comprehensive Plan that everyone agrees to is in place. He believes traffic will be an issue because there are no roads. Mayor Jablin stated the Western areas will become less attractive because the price of gas is so high. Joan Elias, Palm Beach Gardens, stated North County only has one representative on the County Commission and the other commissioners do not care what happens in the North. Eileen Tucker, Palm Beach Gardens, stated that the Western communities want to remain rural and she believes there needs to be some kind of public transportation system. Mayor Jablin stated public transportation dollars are hard to come across in Florida. Joel Channing, Palm Beach Gardens, stated the Western lands won’t be developed until the bio-tech industry is established. At that time a viable plan will come forward for self- sustaining communities. Terry Brady, Palm Beach Gardens, stated the districts that determine the number of County Commissioners are making things difficult for North County. Ed Chase, Palm Beach Gardens, stated Martin County tried clustering, but it was not allowed. Mr. Chase asked if that decision would affect Palm Beach County. Planning Manager Zacharias stated that density may have been an issue. Growth Management Administrator Irwin stated building roads was required and the density was one unit per five acres. Mayor Jablin thanked Growth Management Administrator Irwin and Planning Manager Zacharias and opened the meeting to all subjects. Carol Estrada, Palm Beach Gardens, asked how the Town Hall Meeting was advertised because residents to the East were not aware. Assistant to the City Manager Stacy Rundle stated the meeting was advertised on the City website, Palm Beach Post, Weekday, Hometown News, flyers and posters at all City facilities, and reader boards on Burns Road and Military Trail. Eileen Tucker, Shady Lakes, Palm Beach Gardens, suggested meetings be held on Saturday mornings to accommodate working families. Mayor Jablin explained that Saturday is difficult because staff is not available. It is easier to stay here for evening meetings and then go home than to come in on Saturday. John Chaplik, Palm Beach Gardens, questioned the lighting in Paloma. Dan Clark, Boyle Engineering, explained the Paloma lighting is being looked at. The lighting may have been installed incorrectly and modifications are underway. Discussion ensued regarding Crime Prevention Through Environmental Design) CPTED lighting principles. Chief Stepp, Palm Beach Gardens Police Department, stated the lighting is to help decrease the crime rate. Pat Hughey, Palm Beach Gardens, stated that lighting near the Fire Department is inadequate and inquired if the fountain in the plaza should run during the day to help CITY OF PALM BEACH GARDENS TOWN HALL MEETING 05- 14-08 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 provide moisture in the air. Ms. Hughey stated Town Hall meetings should be held for the convenience of the residents, only required staff should have to attend and some questions that are asked are not answered even if staff is in attendance. City Manager Ferris stated that he takes exception to Ms. Hughey’s comment that she does not get answers to her questions. City Manager Ferris stated staff takes extreme steps to provide answers to questions, including in writing. Last year a book was provided with answers to questions pertaining to town hall meetings and budget meetings. Saturday morning meetings have been held, and will be in the future, as long as the cost can be justified. Staff is not required to attend, but does so because they want to and because they are part of the community. Councilmember Russo stated staff has attended outside meetings with him. The meetings were well attended because the subject matter was of interest to the community. There used to be a network of associations that met quarterly but that has stopped and he does not know how to get the communities involved again. People have other things to do on Saturday including family activities or they are working. Apathy is a problem and it is proven by low voter turnout. Mayor Jablin stated the same people come for every meeting and he commends them for it. Attempts to reach the general public have not worked. Mayor Jablin requested ideas for reaching residents. Carolyn Chaplik, Palm Beach Gardens, stated the newer homeowner associations have networks and websites. If they were notified perhaps they could post the information. City Manager Ferris stated all homeowner associations were sent letters notifying them of the meeting and this action has been used for some time. Joan Elias, Palm Beach Gardens, stated that as the president of the Community Awareness Network (CAN) she receives notification of upcoming City meetings and events. PGA National has a television station (63) on which notices are advertised. Ms. Elias stated that everything is so great in the City that residents do not feel it necessary to attend town hall meetings, that they can pick up the phone and call City Hall and get the answer. Limited time affected residents’ ability to attend meetings. Mayor Jablin stated he used to live in PGA National and when (property owner association) POA meetings were held hundreds of people came. At that time Jog Road was a huge issue. Once the issue was resolved people stopped coming. Mayor Jablin stated he believes that part of the issue is that people have so many other responsibilities. Vice Mayor Levy thanked everyone for coming to the meeting. He stated that all members of the City Council will meet with residents to discuss issues. The City website is www.pbgfl.com and each Councilmember has an e-mail address using the first initial of their first name and their last name, dlevy@,pbgfl.com. _. A retreat was held several years ago and the major issue was communication, which Vice Mayor Levy believes has improved. Vice Mayor Levy coaches children’s sports on Saturday mornings so he would not be available for Saturday morning meetings. Councilmember Russo stated he has been to different communities and people don’t come out if they don’t have an issue. Mayor Jablin thanked staff for their dedication and work and the residents for attending. CITY OF PALM BEACH GARDENS TOWN HALL MEETING 05*14*08 PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 XIV. ADJOURNAMENT There being no further business to discuss, a motion for adjournment was made by Councilmember Russo. Vice Mayor Levy seconded. Motion was approved unanimously, 5-0. The meeting was adjourned at 8:20 p.m. APPROVED: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS TOWN HALL MEETING 05 14.08 PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP MAY 15,2008 The May 15, 2008 Budget Workshop of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:02 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody Barnett and Councilmember Robert Premuroso. Mayor Jablin welcomed all to the second budget workshop, the first was held on May 1, 2008. Information has been prepared for presentation tonight, however, numbers are not yet available because the amount of tax revenue won’t be received from the County until June or July. 111. WORKSHOP a. Citizen Budget Workshop - Comments from the Public. Mayor Jablin asked City Manager Ron Ferris to address the information that has been prepared. City Manager Ferris invited Finance Administrator Allan Owens to give his presentation. Finance Administrator Owens explained the legislation that was enacted in 2007 that required the City to go 5 percent below its roll-back rate, resulting in a millage rate of 5.01 5 mills; a cut of $2.7 million. Actions taken to meet the cap included eliminating 13 full-time positions; downgraded one position; eliminated 7,200 hours of part-time staffing services; eliminated employee recognition programs; increased employee contributions for health insurance; eliminated the Economic Development program and one position; reduced staff travel, training and seminars; reduced parks, grounds and recreation services and contractual mowing and janitorial services; and decreased operating line items for all departments. Amendment 1, passed in January 2008, doubles the Homestead Exemption from $25,000 to $50,000, cutting tax revenues by approximately $2 million. Combining both cuts for 2009 is approximately $4.68 million. Estimates for the portability factor of Amendment 1 are not yet known. Non- homesteaded property tax increases are capped at 10 percent. Revenue estimate for 2009 is approximately $68 million. There will be revenue from other sources. Cost-cutting possibilities include changing the Police and Fire Departments to the Florida Retirement System (FRS); bringing engineering in-house; restructuring non-resident recreation fees; no capital projects that would increase operating or staff costs; reviewing employee health care contributions; and extending the amortization of vehicles. There is a possibility of eliminating from four to nine full-time positions and 17 part-time positions. Councilmember Barnett stated her concerns about the Police and Fire Departments changing to the FRS because it would give them portability to go elsewhere within the state creating the possibility that the City would train them and they would then leave for other positions. Councilmember Barnett also asked what the difference in benefits would be for officers coming out of FRS. City Manager Ferris stated the items are for discussion CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP 05.15 008 PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 and have not been proposed. Should they be proposed and included in the budget the data and analysis would also be included. Councilmember Russo stated he believes properties that are not Homesteaded will have a significant impact on local tax revenue because of lower value in the current real estate market. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the citizens of Palm Beach Gardens do not pay tax for utilities, trash pickup, canal and street maintenance. Ms. Elias stated she believes the property tax amendment will have unforeseen consequences. Mayor Jablin stated the newer developments in the City pay for their infrastructure through a yearly tax and maintenance fee. The older sections of the City are maintained by the City. He stated he was a liaison to a blue ribbon panel in the past that chose to maintain the present system. He requested suggestions from residents regarding possible changes to the present system. Sundie Love, 10181 Palm Street, Palm Beach Gardens, stated the City has worked hard to recruit high-level personnel who are certified and well educated, much of which was paid for through tuition reimbursement. Ms. Love stated that if positions are to be eliminated, the City should be looking at some of the higher level positions, which would be a cost savings. Ms. Love also suggested merging departments. Ms. Love stated that as a former employee she is privy to information that she will not share in a public forum, but is willing to discuss with Council members privately. She suggested that the budget be reviewed with specific regard to positions and consultant fees. Pat Hughey, Reed Drive, Palm Beach Gardens, suggested on-line training for employees, mailings to non-City residents be stopped, fees to be paid by artists to display their work in City Hall and that a commission be paid to the City for pieces sold. Ms. Hughey asked who pays for the refreshments at the art presentation events. Freezing City Council salaries was also suggested. Ms. Hughey stated that Council members chose to live in gated communities where additional costs are levied. The older parts of the City are working class communities. Mayor Jablin stated the blue ribbon panel, to which he was a liaison, decided not to change the present system; a decision with which he agrees. Mayor Jablin thanked Ms. Hughey for stating her position that the present system be maintained. John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, commended Finance Administrator Allen Owens on his presentation and his work and stated his agreement with Finance Administrator Owens’ position on the budget. Mr. Chaplik suggested reviewing the position of City Attorney before hiring a replacement as a cost savings. Mr. Chaplik cited the inequity of the present tax system for newcomers. Carolyn Chaplik, 71 5 Hudson Bay Drive, Palm Beach Gardens, suggested returning to the last in-first out (LIFO) method for programs initiated since 2003, especially programs that are not self-sustaining. Charge higher fees for the Green Market to defray the cost of staff. Eliminate duplication of subscriptions for board and committee members. Fees should be paid by artists to display their work and invitations to events to people living outside the City should be eliminated. Eileen Tucker, Shady Lakes, Palm Beach Gardens, suggested charging fees to artists who display their work. Ms. Tucker stated she did not receive an answer regarding take-home cars and believes there would be a tremendous savings by not giving them to those who CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP 05*15*08 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 do not need them. Ms. Tucker stated she has not gotten an answer to any of the questions she asked two weeks ago. Ms. Tucker stated her objection to paying anything toward family dependent medical coverage and that new employees should start at lower salaries. Ms. Tucker stated she remembers Charlie Crist’s objection to any city charging a utility tax to compensate for lost property tax revenue. Mayor Jablin stated the City has never had a utility tax with the exception of a miniscule communications franchise tax on the phone bill. Most cities do, as does the County. Richard Preiser, 4233 Magnolia Court, Palm Beach Gardens, stated that former Councilmember Hal Valeche suggested that during good times a reserve fund should be built up. He questioned if this was done. Mr. Preiser stated that if the City can function by cutting so many positions, then the budget must have been bloated. He suggested a more level approach so positions and services don’t have to be cut during lean times. Councilmember Russo stated the City’s reserves are approximately $16 million. Finance Administrator Owens stated that at the end of the last fiscal year the City’s undesignated reserves were approximately $16 million, 22 percent of that year’s operating expenditures. Three years ago the reserves were approximately $9 million. Mayor Jablin stated money could be withdrawn from reserves to weather the present situation, but does not believe it should be done. Councilmember Russo stated a budget should be developed now that will be sustainable over the next four to five years and he believes that is what Finance Administrator Owens is doing now. Finance Administrator Owens stated reserves should not be used for operating costs. He explained the tax revenue system now in place. Councilmember Russo stated he would be in favor of allowing a small percentage of reserves be used over the next few years to offset the present situation. Councilmember Russo stated that non-Homesteaded properties are down in value now, but will rise again and additional tax revenue will be realized at that time. Amir Kanel, 8332 Man-0-War, Palm Beach Gardens, stated that cost of living expenses are increasing and if the City does not pay the minimum there is the risk of losing good employees. Mr. Kanel asked about the budget for Public Works and if it can be subcontracted or merged with surrounding cities, such as Lake Park. Mayor Jablin thanked Mr. Kanel for his suggestion and stated it will be looked into. Craig Gerlach, 4687 Holly Drive, Palm Beach Gardens, stated he does not believe across- the-board cuts will help if they affect the Police or Fire Departments, Waste Management, Parks or other City departments. He does not care if the sprinklers are working in the median, if crime is going up. He stated his concern that people who can’t pay for their homes may burn them and the need for the Fire Department will go up. Mr. Gerlach is a County fire fighter and does not want to see essential services cut. He quoted Governor Crist as stating that “no one will be laid off.” Mr. Gerlach stated that if anyone is laid off he wants to know about it so he can call Governor Crist. Mr. Gerlach believes we should go back seven years and see where we were then and get a better idea of where we should be now. Carol Estrada, Riverside, Palm Beach Gardens, stated that all of the gated communities drain into the C-17 canal so it must be maintained and we all benefit. Ms. Estrada stated that the early residents were volunteer fire fighters and built the roads and she does not like to hear that the core of the City is like dead wood hanging on. Ms. Estrada asked if the art hanging in the lobby is protected from theft or damage from natural disaster by the City’s insurance. She asked how many City employees actually live in the City and if CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP 05- 15 008 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 they don’t, do they pay non-resident fees to use services or attend events. Mayor Jablin stated he would check into it. Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, wanted to clarify that she did not suggest that any community should be taxed for any services the City gives, as do other cities. Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens, stated that if enough people used portability it would affect the budget. Mr. Satriano asked how much money is being put into the reserves. Finance Administrator Owens stated he cannot answer that question at this time because he does not have the information. Mr. Satriano suggested not adding to the reserves at this time. Mr. Satriano also suggested that taxes be based on square footage and acreage, as it used to be, because it is not subject to fluctuation. Councilmember Russo stated he agreed with Carolyn Chaplik on the subscriptions; did not agree on the LIFO suggestion, but does believe we should look at the special events for elimination. Councilmember Russo stated he is not in favor of eliminating employee raises or cost of living increases because it is not fair and they live with the same situation as everyone else. Councilmember Barnett stated at this time we have the opportunity to consolidate legal services with one attorney or one firm. Councilmember Barnett also stated that the cost of legal services should not be billed to Human Resources (HR) and should be easy to determine so the services are not overused. Councilmember Barnett clarified that trash collection has a tax rate to pay for the service, but if others taxes were added it would be in addition to the present tax. Mayor Jablin agreed with Councilmember Barnett about the trash collection tax. Councilmember Russo agreed with Councilmember Barnett about the issue of an attorney. Mayor Jablin thanked everyone for their participation. (The remainder of this page intentionally lejl blank.) CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP 05*15*08 PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 XIV. ADJOURNAMENT There being no further discussion at the Workshop, a motion for adjournment was made by Councilmember Russo, seconded by Councilmember Barnett and approved unanimously, 5-0. The meeting was adjourned at 652 p.m. APPROVED: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember ~ Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS CITY COUNCIL BUDGET WORKSHOP 05*15*08 PAGE 5 ? CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 27,2008 Meeting Date: June 19, 2008 Resolution: 46,2008 SubjectlAgenda Item: Consider approval of Agreement renewal between the City of Palm Beach Gardens and Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc., for Disaster Recovery Services. [XI Recommendation to APPROVE I ] Recommendation to DENY I City Attorney Finance Aderator *. -- Community Services Administrator Department Administrator A& City Manager ~___ Originating Dept.: Jennifer Gorman Special Projects Coordinator Community Services Department Advertised: NIA Date: Paper: [ X ] Not Required Affected parties [ X ] Notified - [ ] Not required costs: $ -0- (Total) $3 Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied I 1 Continued to: Attachments: Resolution 46,2008 Exhibit A: Original Disaster Recovery Agreement Exhibit B: Renewal Addenda for Disaster Recovery Services Agreement [ ]None Date Prepared: May 27,2008 Meeting Date: June 19, 2007 Resolution: 46,2008 BACKGROUND: In July 2005, the City awarded a contract to Ceres Environmental Services, Inc., as the primary contractor for debris recovery services, as well as alternate contracts with Phillips & Jordan, Inc., and Ashbritt, Inc., The City entered into “Stand By Agreements” for Disaster Recovery Services with all three vendors, which allows access to more resources in the event of a disaster. The term of this Agreement expires on July 20, 2008. Staff is proposing the execution of an additional three-year renewal which would expire on July 20, 201 1. STAFF RECOMMENDATION: Approve Resolution 46, 2008 as presented. 1 2 RESOLUTION 46,2008 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF 6 BEACH GARDENS, FLORIDA APPROVING THE CITY OF PALM THE RENEWAL OF 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 THE STANDBY DISASTER RECOVERY SERVICES AGREEMENTS WITH CERES ENVIRONMENTAL SERVICES, INC., PHILLIPS & JORDAN, INC., AND ASHBRITT, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE RENEWALS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on July 21 , 2005, the City Council approved Agreements with Ceres Environmental Services, Inc., Phillips & Jordan, Inc. , and Ashbritt, Inc. for disaster recovery services, copies of which are attached hereto as Exhibit A; and WHEREAS, said Agreements will expire on July 20, 2008; and WHEREAS, the City and the aforementioned vendors desire to renew their respective Agreements, each for an additional three-year term; and WHEREAS, the Addenda which renew each Disaster Recovery Services Agreement have been prepared and are attached hereto as Exhibit B; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the renewal of the Standby Agreements for Disaster Recovery Services with Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc., and hereby authorizes the Mayor to execute the Agreements. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: May 27, 2008 Resolution 46, 2008 PASSED AND ADOPTED this day of ,2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\Disaster Recovery Agreement Renewal - reso 46 2008.docx 2 Date Prepared: May 27, 2008 Resolution 46, 2008 EXHIBIT “A” r . '* 7 . '. ... .. STAND BY AGREEMENT DISASTER RECOVERY SERVICES THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ('City"), and Ceres Environmental Sewlces, Inc.("Contractor"). WHEREAS, the City desires to retain the services of the Contractor to provide disaster recovery services as the primary source. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP (Request for Proposal) The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Proposal #2005- 008 dated May 23, 2005, and the Contractor's Response to the Request for Proposal #2005-008, including all documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City's RFP ##2005-008, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor in accordance with unit prices provided in the Request for Proposal #2005-008 submittal for the full and faithful performance of the contract. Regardless of the foregoing, the Ci resewes the right to set off against the Contractor for any and all damages or unsatisfactory performed work by the Contractor, and this action shall not be deemed a default by the City. ARTICLE 4. TERM OF AGREEMENT The initial term of this Agreement shall commence upon issuance of a "Notice to Proceed" by the parties hereto and continue for a period of three (3) years with one additional three (3) year renewal. The parties agree that time is of the essence in the performance of each and every obligation of this Agreement in the event that disaster recovery services are required. ARTICLE 5. INVOICES AND PAYMENT A. jnvoicee The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. B. Pavment The City shall pay each invoice in accordance with the Florida Prompt Payment Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act. fiRTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be teminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, Including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for sewices rendered through the date of termination in accordance with the terms of this Agreement. PRTICLE 7, INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, sewants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor shall meet the insurance requirements fully detailed in the RFP #2005-008. ARTICLE 9. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: 2 As to the City: with a copy to: '. 'f? ---??e- , :; ' ....,- ;-" " . - City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 79941 1 1 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 7994139 As to the Contractor: Ceres Environmental Services, Inc. 161 3 Foxworth Road Bonifay, Florida 32425 Attn: David Mclntyre, President Facsimile: (866) 228-5636 6. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindina Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successo~s, and permitted assigns. 0. Assianability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be Invalidated thereby and shall be given full force and effect so far as possible. F. Govemina Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headinas. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 3 H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 1. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearlng Officer shall construe this Agreement more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. Attornev’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing pa@ shall pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Eaual Omrtunity. The City and the Contractor agree that no person shall, on the grounds of face, color, gender, national origin, ancestry, marital status, dlsabillty, religion, creed, or age be discriminated against in the performance of this Agreement. (The remainder of this page left intentionally blank) 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the Executed by the Crty thisgIJr day of %Jj ,2005. dates hereinafter written. CITY OF PALM BEACH GARDENS v 't ! I' By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 2 Christine P. Tatum, City Attorney Executed by the Contractor this day of ,2005. 5 ADDENDUM I TO STAND-BY AGREEMENT THIS ADDENDUM I to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and CERES ENVIRON ENTAL SERVICES, INC. (CONTRACTOR) this I* day of fld ,2007. WHEREAS, on July 21, 2005, the City Council approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, the parties desire to amend the Agreement on certain terms and conditions more particularly provided for below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. To the extent the CONTRACTOR performs emergency relief services on behalf of the CITY where the CITY seeks reimbursement from the FHWA Emergency Relief Program the CONTRACTOR agrees to comply with all terms and conditions of the FHWA Emergency Relief Program, (“Program”), including, but not limited to, the following: A. Comply with the Davis-Bacon wage rates and the wage rates required by the Program, attached hereto as Exhibit “A” and by this reference incorporated herein . B. Comply with all “Buy America” requirements of the Program, attached as Exhibit “B” and by this reference incorporated herein. C. Comply with the provisions for Federal-Aid for Construction Contracts found in FHWA-1273, the contents and terms of which are attached hereto as Exhibit “C” and by this reference incorporated herein. 0. Comply with the National Environmental Policy Act (NEPA of 1969) as amended from time to time. E. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise Program. F. Comply with the Americans with Disabilities Act of 1990, as amended from time to time. G. Comply with convict labor prohibition found in 23 U.S.C. 114 2. To the extent not specifically amended herein, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to the Agreement. ATTEST: Pdricia Snider, CMC, City Clerk CITY OF PALM BE By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: f?f& Christine P. Tatum, City Attorney CONTRACTOR: CERES EWIRONMENTAl WITNESSES: G:\attorney-shareWGREEMENTSbddendum I - stand-by agmt -ceres.doc 2 EXHIBIT “A:’ General Decision Number: FL030046 09/01/2006 FL46 Superseded General Decision Number: FL020046 State : Florida Construction Type: Building County: Palm Beach County in Florida. BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consisting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 1 09/01/2006 IRON0402-001 04/01/2003 Rates Fringes Pipefitter (Excluding HVAC Pipe Work) ..................... $ 23.06 Plumber (Including HVAC Pipe Work) .......................... $ 23.06 7.61 7.61 * SUFL2000-001 04/03/2000 Rates Fringes Acoustical Tile Installer ...... $ 12.67 1.09 Bricklayer/Blocklayer .......... $ 16.00 Carpenter (Including Drywall Hanging and Batt Insulation) ... $ 13.85 Drywall Finisher ............... $ 13.38 Electrician ..................... $ 15.49 Elevator Mechanic .............. $ 15.15 Glazier ........................ $ 13.43 HVAC Mechanic (Duct work only).$ 12.63 Ironworkers: Ornamental .................. $ 13.58 Structural .................. $ 12.71 3.42 2.28 1.55 1.29 3.46 2.08 \ Laborers : Asphalt Raker ............... $ 9.25 Mason Tenders ............... $ 9.00 Plasterers Tenders .......... $ 9.00 Unskilled ................... $ 8.55 2.17 Lather ......................... $ 13.85 Painter, Brush (Excluding Drywall Finishing) ............. $ 11.72 Plasterer ...................... $ 14.70 Power equipment operators: Backhoe ..................... $ 12.50 Concrete Pump ...............$ 13.06 Dozer ....................... $ 9.75 Grader ...................... $ 13.40 Loader ...................... $ 13.08 Roller ...................... $ 10.13 Tractor ..................... $ 11.91 Roofer (including Built Up, Composition and Single Ply) .... $ 12.58 Sheetmetal Worker (Excluding HVAC Duct work) ................ $ 13.77 1.11 1.97 1.72 1.32 1.77 Sprinkler Fitter ............... $ 16.25 5.85 Terrazzo Worker Mechanic ....... $ 12.13 Tile Setter .................... $ 13.78 1.42 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (11)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on * a conformance (additional classification and rate) ruling a wage determination matter On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board END OF GENERAL DECISION General Decision Number FL030046 Superseded General Decision No. FL020046 State: Florida Construction Type: BUILDING County(ies) : PALM BEACH BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consisting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 COUNTY (ies) : PALM BEACH PLUM0630C 01/01/2000 Rates Fringes PIPEFITTERS (Excluding HVAC Pipe Work) 24.81 4.70 PLUMBERS (Including HVAC Pipe Work) 24.81 4.70 ---____---_-^----_---------------------------------------------- SUFL1029A 04/03/2000 Rates Fringes ACOUSTICAL TILE INSTALLER 12.67 .l. 09 B R I c KLAY ERS /BLOC KLAY ERS 16.00 CARPENTERS (Including Drywall Hanging and Batt Insulation) 13.85 DRYWALL FINISHERS 13.38 ELECTRICIANS 15.49 3.42 ELEVATOR MECHANIC 15.15 2.28 GLAZIERS 13.43 1.55 HVAC MECHANIC (Duct work only) 12.63 1.29 IRONWORKERS: Ornamental 13.58 3.46 Structural 12.71 2.08 Unski 1 led 8.55 Mason Tenders 9.00 Plasterers Tenders 9.00 Asphalt Raker 9.25 2.17 LATHERS 13.85 PAINTERS, BRUSH (Excluding LABORERS : Drywall Finishing) 11.72 1.11 PLASTERERS 14.70 POWER EQUIPMENT OPERATORS: Backhoe 12.50 1.97 Grader 13.40 1.72 Loader Concrete Pump Roller Tractor Dozer ROOFERS SHEETMETAL WORKERS (Excluding HVAC Duct work) SPRINKLER FITTERS TERRAZZO MECHANICS TILE SETTERS TRUCK DRIVERS 13.08 13.06 10.13 11.91 1.32 9.75 12.58 1.77 13.77 16.25 5.85 12.13 13.78 1.42 10.25 3.49 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii) 1 . In the listing above, the ttSU1l designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. indicate unions whose rates have been determined to be prevailing. ____________________-------------------------------------------- Other designations WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : an existing published wage determination * a survey underlying a wage determination a Wage and Hour Division letter setting forth a * a conformance (additional classification and rate) position on a wage determination matter ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Aveniip, N W Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT “B” 3 50-000-1 5 Cornplroller 08/06 Federal Highway Administration Provision - Buy America Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, In accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product Incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated Into the finished work, but are not applicable to steel and iron Items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. EXHIBIT “C” 3 50-000-15 Comptroller 08/06 Required Contract Provisions Federal-Aid Construction Contracts I. II. Ill. IV. V. VI. VII. VIII. IX. X. XI. XII. A I. It. General Nondiscrimination Nonseqreqated Facilities Payment of Predetermined Minimum Waae Statements and Payrolls Record of Materials, Supdies, and Labor Sublettino or Assisnina the Contract Safety: Accident Prevention False Statements Concernina Hiahwav Proiects jmplementation of Clean Air Act and Federal Water Pollution Control Act Certification Reaardina Debarment, Suspension Inelisibilitv, and Voluntary Exclusion Certification Reaardina Use of Contract Funds for Lobbying Attachments Employment Preference for ADRalachian Contracts (included in ADDalachian contracts only1 GENERAL 1, These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: 2. 3. 4, Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 29. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. Selectlon of Labor: During the performance of this contract, the contractor shall not: States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. , 6. a. discriminate against labor from any other State, possession, or territory of the United l i b. NON D ISC R I M I N AT1 0 N 350-000-1 5 Comptroller 08/06 (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and 6rders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 gt sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of hidher activities under the contract. The contractor will accept as his operating policy the following statement: b. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, andlor on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained, The meetings will be conducted by the EEO Officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be Instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 3. a. b. c. d. e. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral a. 350-000-15 ComptToller 08/06 sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive a hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended,) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to refemng minority group applicants will be discussed with employees. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: b. c. 5. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. The Contractor will asslst in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of trainlng programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hlslher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: b. c. d. 6. Training and Promotion: a. b. c. d. 7. a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. 350-000-15 Comptroller 08/06 b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such I bor union refuses to furnish such . information to the contractor, the contract r shall so certify to the SHA and shall set forth what efforts have been made to obt in such information. minority and women referrals within the time limit set forih in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to face, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of higher EEO obligations under this contract. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. c. d. In the event the union is unable to provid i the contractor with a reasonable flow of 8. a. b. c. 9. Records and Reports; The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The number of minority and non-mlnority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and The progress and efforts being made in securing the services of DEE subcontractors or subcontractors with meaningful minority and female representation among their employees. The contractors will submit an annual report to the SHA each July for the duration of the project, Indicating the number of minority, women, and non-minority group employees currently engaged in each work classificatlon required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. a. The records kept by the contractor shall document the following: 1. 2. 3. 4. b. 111. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 350-000-15 Comptroller 08/06 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are. segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 0. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)l the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. b. 350-000-15 Comptroller 08/06 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. Classification: a. b. 1, 2. 3. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; the additional classification Is utilized in the area by the construction industry; the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and with respect to helpers, when such a classification prevails in the area in which the work is performed. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30day period that additional time is necessary. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, .provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. . c. d. e. 2. Payment of Fringe Benefits: a. b. 3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1, Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with 350-000-15 Comptroller 08/06 the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the pian approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Every trainee must be paid at not less than the rate specified in the approved program for hidher level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, 2. 3. 4. b. Trainees: 1. 2. 3. 750-000-15 Comptroller 08/06 trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 4. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 4. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IY. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advanae, or guarantee of funds until such violations have ceased. , 6. Overtlme Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on suah work, to work In excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violatlon: 3 5 0-000- I 5 Comptroller 08/06 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid ,construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 0. Cornpilance wlth Copeland Regulations (29 CFR 3): The conitractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); dally and weekly number of hours worked; deductlons made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation Indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1, Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program Is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred In providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. b. 350-000-15 Coinptraller 08/06 c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-I), US. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hidher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is Correct and complete; that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d. I. 2. 3. e. The weeikly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 0. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. urnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relativfurnishaterials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. f. g. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR a. b. c. 350-000- 15 Comptroller 08/06 1. At the prime contractor’s option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 0. The contractor shall perform with its own organization contract work amounting to not less than 30 percent {or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty ilems designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor’s own organization (23 CFR 635). VII. SUBLETTING OR ASSIGNING THE CONTRACT a. “Its own organization” shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. “Specialty Items” shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph I of Section VI1 is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 0. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1, It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS b. VIII. SAFETY: ACCIDENT PREVENTION IX. In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible, 3.50-000-1 5 Comptroller 08/06 Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications. contracts, or costs of construction on any highway or related project submitted for approval to the secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to ,be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or , Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 7, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 gl seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 gtseq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. I. That the fin agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2, That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract Is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION XI. 0. Instructions for Certification - Primary Covered Transactions: 350-000-15 Comptroller 08/06 (Applicable to all Federal-aid contracts - 49 CFR 29) a. b. C. d. e. f. 9. h. I. 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualilfy such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter Into this transaction. if it is later determined that the prospective primary participant knowingly rendered an erroneous cettificatlon, in addition to other remedies available to the Federal , Government, the department or agency may terminate this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transadion, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provlded by the department or agency entering into this covered transactlon, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A particlpant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its principals. Each particlpant may, but Is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained In the foregoing shall be construed to require establishment of a system1 of records in order Io render in good faith the certification required by this clause. The knowledge and information of participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a particlpant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 350-000-15 Comptroller 08106 .**I* Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Primary Covered Transactions 11. The prospective primary participant certifies to the best of its knowledge and belief, a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transactlon or contract under a public transaction; 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applicationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. that it and its principals: 12. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. *e*** 1. lnstructlons for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) . By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered 350-000- 15 Compholler 08/06 transaction, unless authorized by the department or agency with which this transaction originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modificatlon, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certifKation is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph e of these instructions, if a partidpant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. .**** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactlons: 9. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. statements in this certification, such prospective participant shall attach an explanation to this proposal. 10. Where the prospective lower tier participant is unable to certify to any of the **. t. XII. CERTIFICATION REGARDING USE OF CONT.RACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any . 350-000-15 Comptroller 08/06 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,UOO for each such failure. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work Is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: . To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph IC shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The Job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work. the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractoh permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph la above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 6. s Last modified on March 11,2005 STAND BY AGREEMENT DISASTER RECOVERY SERVICES THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (“City”), andAshBritt, Inc.(“Contractor”). WHEREAS, the City desilres to retain the services of the Contractor to provide disaster recovery services as the alternate source. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP (Request for Proposal) The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City’s Request for Proposal #2005- 008 dated May 23, 2005, and the Contractor’s Response to the Request for Proposal ##2005-008, including all documeintation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City’s RFP #2005-008, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor in accordance with unit prices provided in the Request for Proposal #2005-008 submittal for the full and faithful performance of the contract. Regardless of the foregoing, the City reserves the right to set off against the Contractor for any and all damages or unsatisfactory performed work by the Contractor, and this action shall not be deemed a default by the City. ARTICLE 4. TERM OF AGREEMENT The initial term of this Agreement shall commence upon issuance of a “Notice to Proceed“ by the parties hereto and continue for a period of three (3) years with one additional three (3) year renewal. The parties agree that time is of the essence in the performance of each and every obligation of this Agreement in the event that disaster recovery services are required. ARTICLE 5. INVOICES AND PAYMENT A. Invoices The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. B. Pavment The City shall pay each invoice in accordance with the Florida Prompt Payment Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor’s performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor shall meet the insurance requirements fully detailed in the RFP #2005-008. ARTlC LE 9. MlSC E LLANEOU S PROVISIONS A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: 2 As to the City: with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561 ) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 7994139 As to the Contractor: AshBritt, Inc. 489 South Andrews Ave., Suite 103 Pompano Beach, Florida 33069 Attn: Terry Jackson, Vice President Facsimile: (954) 545-3585 B. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindina Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assiqnabilitv. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governinq Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headinas. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 3 H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer shall construe this Agreement more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. 3. Attornev’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Eaual Omortunity, The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. (The remainder of this page left intentionally blank) 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this&-”- day of Iv ~y ,2005. r CITY OF PALM BEACH GARDENS By: Mayor ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney G:\attorney-share\AGREEMENTS\Debris removal - ashbritl - alternate source.DOC 5 ADDENDUM I TO STAND-BY AGREEMENT THIS ADDENDUM I to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY). a municipal corporation, and ASHBRITT, INC. (CONTRACTOR) this I* day of k&& ,200f.f WHEREAS, on July 21, 2005, the City‘eouncil approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, the parties desire to amend the Agreement on certain terms and conditions more particularly provided for below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. To the extent the CONTRACTOR performs emergency relief services on behalf of the CITY where the CITY seeks reimbursement from the FHWA Emergency Relief Program the CONTRACTOR agrees to comply with all terms and conditions of the FHWA Emergency Relief Program, (“Program”), including, but not limited to, the following: A. B. C. D. E. F. G. Comply with the Davis-Bacon wage rates and the wage rates required by the Program, attached hereto as Exhibit “A” and by this reference incorporated herein. Comply with all “Buy America” requirements of the Program, attached as Exhibit “B” and by this reference incorporated herein. Comply with the provisions for Federal-Aid for Construction Contracts found in FHWA-1273, the contents and terms of which are attached hereto as Exhibit “C” and by this reference incorporated herein. Comply with the National Environmental Policy Act (NEPA of 1969) as amended from time to time. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise Program. Comply with the Americans with Disabilities Act of 1990, as amended from time to time. Comply with convict labor prohibition found in 23 U.S.C. 114. 2. To the extent not specifically amended herein, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to the Agreement. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney WITNESSES: By: Printed Name: MLIW CITY OF PALM B By: u (SEAL) By: 1- Printed’b4ame: 7,Ki ,!?\90,,, G:bttorney-shareWGREEMENTSbddendum I - stand-by agmt -ashbritt.doc 2 EXHIBIT “A” General Decision Number: FL030046 09/01/2006 FL46 Superseded General Decision Number: FL020046 State: Florida Construction Type: Building County: Palm Beach County in Florida BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consisting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 1 09/01/2006 IRON0402-001 04/01/2003 Rates Fringes Pipefitter (Excluding HVAC Pipe Work) ..................... $ 23.06 7.61 Plumber (Including HVAC Pipe Work) ..........................$ 23.06 7.61 ................................................................ * SUFL2000-001 04/03/2000 Rates Fringes Acoustical Tile Installer ...... $ 12.67 1.09 Bricklayer/Blocklayer .......... $ 16.00 Carpenter (Including Drywall Hanging and Batt Insulation) ... $ 13.85 Drywall Finisher ............... $ 13.38 Electrician ..................... $ 15.49 Elevator Mechanic .............. $ 15.15 Glazier ........................$ 13.43 HVAC Mechanic (Duct work only) .$ 12.63 Ironworkers: Ornamental .................. $ 13.58 Structural .................. $ 12.71 3.42 2.28 1.55 1.29 3.46 2.08 / Laborers: Asphalt Raker ............... $ 9.25 Mason Tenders ............... $ 9.00 Plasterers Tenders .......... $ 9.00 Unskilled ................... $ 8.55 2.17 Lather ......................... $ 13.85 Painter, Brush (Excluding Drywall Finishing) ............. $ 11.72 Plasterer ...................... $ 14.70 Power equipment operators: Backhoe ..................... $ 12.50 Concrete Pump ............... $ 13.06 Dozer ....................... $ 9.75 Grader ...................... $ 13-40 Loader ...................... $ 13.08 Roller ...................... $ 10.13 Tractor ..................... $ 11.91 Roofer (including Built Up, Composition and Single Ply) .... $ 12.58 Sheetmetal Worker (Excluding HVAC Duct work) ................ $ 13.77 1.11 1.97 1.72 1.32 1.77 Sprinkler Fitter ............... $ 16.25 5.85 Terrazzo Worker Mechanic ....... $ 12.13 .................... Tile Setter $ 13.78 1.42 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on * a conformance (additional classification and rate) ruling a wage determination matter On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board General Decision Number FL030046 Superseded General Decision No. FL020046 State: Florida Construction Type: BUILDING County (ies) : PALM BEACH BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consis.ting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 COUNTY (ies) : PALM BEACH PLUM0630C 01/01/2000 PIPEFITTERS (Excluding HVAC Pipe Work) PLUMBERS (Including HVAC Pipe Work) ........................... Rates 81 ._ Fringes 4.70 SUFL1029A 04/03/2000 Rates Fringes ACOUSTICAL TILE INSTALLER BRICKLAYERS/BLOCKLAYERS CARPENTERS (Including Drywall Hanging and Batt Insulation) DRYWALL FINISHERS ELECTRICIANS ELEVATOR MECHANIC GLAZIERS HVAC MECHANIC (Duct work only) IRONWORKERS: Ornamental Structural Unskilled Mason Tenders Plasterers Tenders Asphalt Raker LABORERS : LATHERS PAINTERS, BRUSH (Excluding Drywall Finishing) PLASTERERS POWER EQUIPMENT OPERATORS: Backhoe Grader 12.67 16.00 13.85 13.38 15.49 15.15 13.43 12.63 13.58 12.71 8.55 9.00 9.00 9.25 13.85 11.72 14.70 12.50 13.40 1.09 3.42 2.28 1.55 1.29 3.46 2.08 2.17 1.11 1.97 1.72 Loader Concrete Pump Roller Tractor Dozer ROOFERS SHEETMETAL WORKERS HVAC Duct work) SPRINKLER FITTERS 13.08 13.06 10.13 11.91 9.75 12.58 13.77 16.25 (Excluding 1.32 1.77 5.85 TERRAZZO MECHANICS 12.13 TILE SETTERS 13.78 1.42 TRUCK DRIVERS 10.25 3.49 -___________________-------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the rSUtt designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ----_-______---_____-----------_-------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a a conformance (additional classification and rate) position on a wage determination matter ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) - Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT “6” 350-000-15 Comptroller 08/06 Federal Highway Administration Provision - Buy America Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, It becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into !he project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project EXHIBIT “C” 350-000-15 Comptroller 08/06 Required Contract Provisions Federal-Aid Construction Contracts I. 11. 111. IV. V. VI. VII. VIII. IX. X. XI. XII. A. I. II. General Nondiscrimination Nonseoresated Facilities Payment of Predetermined Minimum Waqe Statements and Pavrolls Record of Materials. Sumlies, and Labor Sublettins or Assianino the Contract Safetv: Accident Prevention False Statements Concernina Hiohwav Proiects ImrJlementation of Clean Air Act and Federal Water Pollution Control Act Certification Resardina Debarment. Suspension Inelioibilitv, and Voluntarv Exclusion Certification Resardino Use of Contract Funds for Lobbying Attachments Emplovment Preference for Atmalachian Contracts (included in Amalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their Inclusion in any lower tier subcontract or purchase order that may In turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: 2. 3. 4, Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 29 5. Dlsputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Sectlon V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of thls clause include disputes between the contractor (or any of its subcontractors) Selection of Labor: During the performance of this contract, the contractor shall not: and the contracting agency, the DOL, or the contractor's employees or their representatives. i 6. a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. b. I N ON DISC RIM1 NATION 350-000-15 Coniptroller 08/06 (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1, Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 gt sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the Contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of hidher actlvities under the contract. The contractor will accept as his operating policy the following statement: b. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemlnation of Policy: All members of the contractot's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved In such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be Instructed by the EEO Officer in the contractofs procedures for locating and hiring minority group employees. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 3. a. b. c. d. e. 4. Recrultment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral a. 350-000- 15 Comptroller 08/06 sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive * hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: b. c. 5. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discrirnlnatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of tralnlng programs, Le., apprenticeship, and on-the-job tralning programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. b. c. d. 6. Training and Promotion: a. b c. d. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hlslher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will Include the procedures set forth below a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. 350-000- I5 Comptroller 08/06 b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such . information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, re!igion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, Including procurement of materials and leases of equipment. c. d. 8. a. b. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DEE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. c. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The number of minority and non-minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minority and female employees; and The progress and efforts being made in securlng the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. The contractors will submit an annual report to the SHA each July for the duration of the project, Indicating the number of minority, women, and non-minority group employees currently engaged in each work classificatlon required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the conlractor will be required to collect and report training data. a. The records kept by the contractor shall document the following: I. 2. 3. 4. b. 111. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 350-000- I 5 Comptroller 08/06 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 0. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)l the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship whlch may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work Is performed. b. 350-000-1 5 Comptroller 08/06 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. Classification: a. b. 1. 2. 3. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; the additional classification is utilized in the area by the construction industry; the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and with respect to helpers, when such a classification prevails in the area in which the work is performed. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional tlme Is necessary The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or prograrn,.provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. c. d. e. 2. Payment of Frlnge Benefits: a. b. 3. Apprentices and Tralnees (Programs of the U.S. DOL) and Helpers: a. Apprentices: I. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with 350-000- 15 Comptroller 08/06 the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, 2. 3. 4. b. Trainees: 1. 2. 3. 3.mx-m- I s Comptroller 08/06 4. A trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 4. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. rentices nd Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apptentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Withholding: The SHA shaM upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract. the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. , 6, Overtime Requlrernents: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard In any workweek in which helshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- andsne-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violatlon: 3so-om-I s Comptroller 08/06 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 0. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); dally and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program Is financially responsible, that the plan or program has been communicated in writing to the labarers or mechanics affected, and show the cost anticipated or the actual cost incurred In providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees. and ratios and wage rates prescribed in the applicable programs. b. 350-000-15 Comptroller 08/06 c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), US. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hidher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the lull weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d. 1. 2. 3. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. The falslification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 0. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. Maintain a record of the total cost of all materials and supplies purchased for and incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the unlts shown on Form FHWA-47. urnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relativFurnishaterials and supplies, a final iabor summary of all contract work indicating the total hours worked and the total amount earned f. g. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR a. b. c. 350-000- I5 Comptroller 08/06 1. At the prime contractor's option, eilher a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 0. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractots own organization (23 CFR 635). VII. SUBLETTING OR ASSIGNING THE CONTRACT a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contractlng officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 0. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property In connection with the performance of the work covered by the contract. 1, It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS b. VIII. SAFETY: ACCIDENT PREVENTION IX. In order to assure high quality and durable construction In conformity wlth approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. 350-000-15 Comptroller 08/06 Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or felse report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitfed for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 7, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $70,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all FederaCaid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et=., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 @sea., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the US. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulatlons and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract Is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 0. Instructions for Certification - Primary Covered Transactions: XI. CERTIFICATION REGARDING DEBARMENTl SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 350-000- I5 Comptroller 08/06 (Applicable to all Federal-aid contracts - 49 CFR 29) a. b. C. d. e. f. 9. h. I. j. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal . Government, the department or agency may terminate this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant ," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineliglble, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective partlcipant in a lower tier covered transaction that is not debarred, suspended, Inellgible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, inellglble, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 350-000-1 5 Comptroller 08/06 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Primary Covered Transactions 11. The prospective primary participant certifies to the best of its knowledge and belief, a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3-year period preceding this applicationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. that it and its principals: 12. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to at1 subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) . By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment b. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered 350-000-15 Comptroller 08/06 transaction, unless authorized by the department or agency with which this transactin originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prbspective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. f. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactlons: 9. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. statements in this certification, such prospective participant shall attach an explanation to this proposal. 10. Where the prospective lower tier participant is unable to certify to any of the XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any . 350-000-15 Comptroller 08/06 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or oooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required oertification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly, AlTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: . To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph IC shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractoh permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph IC above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Last modified on March 11,2005 STAND BY AGREEMENT DISASTER RECOVERY SERVICES THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City"), and Phillips & Jordan, Inc.("Contractor"). WHEREAS, the City desires to retain the services of the Contractor to provide disaster recovery services as the alternate source. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP (Request for Proposal) The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Proposal #ZOO5 008 dated May 23, 2005, and the Contractor's Response to the Request for Proposal It2005-008, including all documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City's RFP #2005-008, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor in accordance with unit prices provided in the Request for Proposal #2005-008 submittal for the full and faithful performance of the contract. Regardless of the foregoing, the City reserves the right to set off against the Contractor for any and all damages or unsatisfactory performed work by the Contractor, and this action shall not be deemed a default by the City. ARTICLE 4. TERM OF AGREEMENT The initial term of this Agreement shall commence upon issuance of a "Notice to Proceed" by the parties hereto and continue for a period of three (3) years with one additional three (3) year renewal. The parties agree that time is of the essence in the performance of each and every obligation of this Agreement in the event that disaster recovery services are required. ARTICLE 5. INVOICES AND PAYMENT A. Invoices The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. B. Pavment The City shall pay each invoice in accordance with the Florida Prompt Payment Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor shall meet the insurance requirements fully detailed in the RFP #2005-008. ARTICLE 9. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested , to the following addresses: 2 As to the City: with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 I1 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561 ) 799-41 39 As to the Contractor: Phillips 81 Jordan, Inc. 16 Court Street Robbinsville, North Carolina 28771 Attn: Timothy R. Berkhimer, P.E. Director, Disaster Recovery Facsimile: (828) 479-2540 B. Entire Aqreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindincr Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assinnabiliti. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governina Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headinas. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 3 H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer shall construe this Agreement more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Eaual ODDortunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. (The remainder of this page left intentionally blank) 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this $/ ST day of T.. ~4 ,2005. CITY OF PALM BEACH GARDENS ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Executed by the Contractor this I pday of XTX~ ,2005. PHILLIPS &JORDAN, INC. WITNESS: I (SEAL) ' Name: G:\attomey-share\AGREEMENTS\Debris removal - phillips & jordan - alternate source.DOC 5 ADDENDUM I TO STAND-BY AGREEMENT THIS ADDENDUM I to the Stand-By Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and PHILLIPS & JORDAN, INC. (CONTRACTOR) this&* day of 3Url , 2006. WHEREAS, on July 21, 2005, the City Council approved the award of contract to CONTRACTOR for disaster recovery services as the alternate source; and WHEREAS, in accordance with Article 1 of the Stand-By Agreement, the terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the CITY’S Request for Proposal #2005-008 dated May 23, 2005, and the CONTRACTOR’S Response to the Request for Proposal #2005-008, including all documentation required thereunder; and WHEREAS, in accordance with CONTRACTOR’S Response to the Request for Proposal #2005-008 under Special Conditions Section 2.1 1, if the proposer is awarded a contract under this solicitation, the unit price rates quoted by the proposer on the RFP Submittal shall remain fixed and firm during the initial year of the contract; and WHEREAS, CITY’S Staff has evaluated CONTRACTOR’S proposed unit price rates increase effective July 21 , 2006; and WHEREAS, both parties hereto desire to continue the initial term of the Stand-By Agreement effective until July 20, 2008, on such terms and conditions as provided herein below. NOW, THEREFORE, CITY and CONTRACTOR mutually agree as follows: 1. 2. 3. 4. The Agreement by and between CITY and CONTRACTOR is hereby extended through July 20,2008. Compensation rates to CONTRACTOR during the above initial term shall be based on the revised unit price rates, which is in accordance with schedule of unit price rates attached hereto as Exhibit A. To the extent not specifically amended herein, all other provisions of the Stand-By Agreement dated July 21, 2005, shall remain in full force and effect. CONTRACTOR agrees to comply and abide by all federal, state, and local laws, rules, regulations, ordinances, guidelines, and directives relating or pertaining to any of its duties and responsibilities arising from this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to Agreement. ATTEST: CITY OF PALM BEACH GARDENS By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: J //& .. Christine P. Tatum, City Attorney CONTRACTOR WITNESS: PHILLIPS & JORDAN, INC. G:\attomey-share\AGREEMENTS\ADDENDUM I STANDBY AGREEMENT-PHILLIPS JORDAN.doc 2 EXHIBIT A Phillips and Jordan Fee Schedule Hurricane Wilma Debris Management Part A - Unit Prices 2005 item Descrlption Unlt Unit Prlce Item 1.0 Item 2.0 Item 6.0 Amendment 1 Amendment 2 Amendment 3 Item 3.0 Item 4.0 Item 5.0 Item 7.0 Item 8.0 Item 9.0 Amendment 4.0 Item 10.0 Amendment 6.0 Item 11.0 Amendment 6.0 Item 12.0 Debris Pickup and Hauling up to 5 miles CY Excess Mileage - Deleted Hauling C&D from a TDRS to disposal 0-1 5 yard-mile mlles Hauling C&D from a TDRS to disposal 16-60 yard-mile miles Hauling C&D from a TDRS to disposal 61-120 yard-mile miles Contract Extension Deleted by Amendment 3 Loading Outgoing Mulch or Ash CY CY TDSRS Operation, including reduction by chipping of grinding (no loading of byproducts) TDRS Operations, including burning through air curtain incineratlon (no loading of byproducts) TDRS Operations, including reduction of burnable debris through open burning (no loading of byproducts) TORS operations, debris acceptance, pile mgmt, and materlal loading for transport of unreduced vegetatlon and construction debris. 100 yard walking floor trailerloperator CY CY CY Hour Haullng and dlsposal of mulch from TDRS sites CY TORS operations, acceptance, pile CY management (with no loading) for transport of all un-reduced vegetatlon, construction debris, and mixed loads. Removal and disposal of C/O and mixed CY waste from Hooker Highway $ 12.00 $ 0.16 $ 0.12 $ 0.11 0.20 3.32 4.19 3.32 1.86 s 102.15 s 10.54 $ 1.65 s 10.22 Agreement No. 01-252, Amendment #7 Page 1 of 2 Revised: 10-28-05 Phllllps and Jordan Fee Schedule Hutrlcane Wilma Debrls Management Part B -Time and Materials Pricing I tem Unit Equipment Labor Total Bobcat Loader Foreman wl Phone and Pickup Dozer. Tracked, D5 or slmilar Dozer Tracked, D6 or slmilar Dozer Tracked, D7 or similar Dozer Tracked, D8 or similar Dump Truck, 18 CY - 20 CY Oump Truck, 21 CY - 30 CY Generator and Lighting Grader wl12' Blade Hydraulic Excavator, 1.5 CY Hydraulic Excavator, 2.5 CY Knuckleboom Loader Laborer w/ Chain Saw Labor w/ Smell Tools, traffic control, flag person Lowboy Trailer wl Tractor Operetions Manager w/ Call Phone and Pickup Pickup Truck, .5 Ton Sol1 Compactor 18 HP+ Soil Compactor to 80 HP Soil Compactor, Towed Unit Truck, Flatbed Tub Grinder, 800 to 1,000 HP Water Truck Wheel Loader, 2.5 CY, 950 or similar Wheel Loader, 3.5 CY, g66 or similar Wheel Loader, 4.5 CY, 980 or similar Wheel Loader-Backhoe, 1.0-1.5 CY Alr Curtain Bumer, Self Contained System Backhoe-Loader and Thumb Attachment Agreement No. 01-252, Amendment #7 HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR Page 2 of 2 24.12 $ 16.34 S 43.72 $ 62.24 $ 69.86 $ 89.46 $ 29.57 $ 40.46 $ 19.60 $ 51.35 $ 62.24 $ 84.02 $ 105.80 $ -$ -$ 35.01 $ 16.34 $ 16.34 $ 29.40 $ 25.05 $ 21.78 $ 7.79 $ 476.06 $ 40.46 $ 46.90 $ 51.35 $ 56.79 s 29.67 $ 23.58 $ 23.41 d 40.39 $ 64.51 41.61 $ 57.95 40.39 $ 84.11 40.39 $ 102.62 40.39 $ 110.25 40.39 $ 129.85 40.39 16 69.95 40.39 $ 80.84 - $ 19.60 40.39 8 91.73 40.39 $ 102.62 40.39 $ 124.40 40.39 $ 146.18 42.68 $ 42.68 28.81 $ 28.01 40.39 $ 75.40 58.69 $ 75.02 40.39 $ 69.79 40.39 $ 65.43 40.39 $ 62.17 40.39 $ 48.17 40.39 $ 516.44 40.39 $ 80.84 40.39 $ 86.29 40.39 $ 91.73 40.39 $ 97.18 40.39 $ 69.95 40.39 $ 63.00 - $ 16.34 - $ 23.68 Revised: 10128105 May 15,2006 Arthur '' Dino '' DeRostaing, CPPB City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 334 10-4698 Ref: RFP #2005-008; DISASTER RECOVERY SERVICES - UNIT PRICING Dear Mr. DeRostaing, Phil!ips and Jordan. Inc. does extend the contract For one year based on the SWA modifed rate. That rate table is attachd for your recotd The document is signed by Dudley Or. Vice President. Please feel free to contact myself or Mr Orr at the Robbir:sville, NC office should you have any questions concerning this renewal or any dher questions that IOU might havc. Sincerely, Michael Xsuwood Disaster Group Specialist 0. 828-479-3371 F. 828-479-303 0 P.O. Drawer 604, 191 P i?, J Road Robbinsville, NC 28771 ph (828) 479-3371 fax (828) 479-3010 ww.pandj.com ADDENDUM II TO STAND-BY AGREEMENT THIS ADDENDUM II to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municip I corporation, and PHILLIPS 8, JORDAN (CONTRACTOR) this !R day of fikd ,2007. WHEREAS, on July 21, 2005, the City Council approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, the parties desire to amend the Agreement on certain terms and conditions more particularly provided for below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. To the extent the CONTRACTOR performs emergency relief services on behalf of the CITY where the CITY seeks reimbursement from the FHWA Emergency Relief Program the CONTRACTOR agrees to comply with all terms and conditions of the FHWA Emergency Relief Program, (“Program”), including, but not limited to, the following: A. Comply with the Davis-Bacon wage rates and the wage rates required by the Program, attached hereto as Exhibit “A” and by this reference incorporated herein. 6. Comply with all “Buy America” requirements of the Program, attached as Exhibit “6” and by this reference incorporated herein. C. Comply with the provisions for Federal-Aid for Construction Contracts found in FHWA-1273, the contents and terms of which are attached hereto as Exhibit “C” and by this reference incorporated herein. D. Comply with the National Environmental Policy Act (NEPA of 1969) as amended from time to time. E. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise Program. F. Comply with the Americans with Disabilities Act of 1990, as amended from time to time. G. Comply with convict labor prohibition found in 23 U.S.C. 114. 2. To the extent not specifically amended herein, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum II to the Agreement. ATTEST: By: Pafricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CONTRACTOR: PHILLIPS &JORDAN, INC. WITNESSES: Printed Name: hkbrl?Q I Hlerr eood G:\altorney-share\AGREEMENTSbddendum I - stand-by agmt - Phillips 8 jordan.doc 2 EXHIBIT “A” General Decision Number: FL030046 09/01/2006 FL46 Superseded General Decision Number: FL020046 State: Florida Construction Type: Building County: Palm Beach County in Florida. BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consisting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 1 09/01/2006 IRON0402-001 04/01/2003 Rates Fringes Pipefitter (Excluding HVAC Pipe Work) ..................... $ 23.06 Plumber (Including HVAC Pipe Work) .......................... $ 23.06 7.61 7.61 * SUFL2000-001 04/03/2000 Rates Fringes Acoustical Tile Installer ...... $ 12.67 1.09 Bricklayer/Blocklayer .......... $ 16.00 Carpenter (Including Drywall Hanging and Batt Insulation) ... $ 13.85 Drywall Finisher ............... $ 13.38 Electrician .................... $ 15.49 Elevator Mechanic .............. $ 15.15 Glazier ........................$ 13.43 HVAC Mechanic (Duct work only).$ 12.63 Ironworkers: Ornamental .................. $ 13.58 Structural .................. $ 12.71 3.42 2.28 1.55 1.29 3.46 2.08 Laborers : Asphalt Raker ............... $ 9.25 Mason Tenders ............... $ 9.00 Plasterers Tenders .......... $ 9.00 Unskilled ................... $ 8.55 2.11 Lather ......................... $ 13.85 Painter, Brush (Excluding Drywall Finishing) ............. $ 11.72 1.11 Plasterer ...................... $ 14.70 Power equipment operators: Backhoe ..................... $ 12.50 Concrete Pump ............... $ 13.06 Dozer ....................... $ 9.75 Grader ...................... $ 13.40 Loader ...................... $ 13.08 Roller ...................... $ 10.13 Tractor ..................... S 11.91 Roofer (including Built Up, Composition and Single Ply) .... $ 12.58 Sheetmetal Worker (Excluding HVAC Duct work) ................ $ 13.77 Sprinkler Fitter ............... $ 16.25 Terrazzo Worker Mechanic ....... $ 12.13 1.97 1.72 1.32 1.77 5.85 Tile Setter .................... $ 13.78 1.42 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on * a conformance (additional classification and rate) ruling a wage determination matter On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington , DC 2 02 10 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board General Decision Number FL030046 Superseded General Decision No. FL020046 State: Florida Construction Type: BUILDING County (ies) : PALM BEACH BUILDING CONSTRUCTION PROJECTS (dose not included residential construction consisting of family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 06/13/2003 COUNTY ( ies) : PALM BEACH IRON0402A 04/01/2003 Rates Fringes IRONWORKERS( Reinforcing only) 19.75 4.70 PLUM0630C 01/01/2000 Rates Fringes PIPEFITTERS (Excluding HVAC Pipe Work) 24.81 4.70 PLUMBERS (Including HVAC Pipe work) 24.81 4.70 SUFL1029A 04/03/2000 Rates Fringes ACOUSTICAL TILE INSTALLER CARPENTERS (Including Drywall DRYWALL FINISHERS ELECTRICIANS ELEVATOR MECHANIC GLAZIERS HVAC MECHANIC (Duct work only) IRONWORKERS: Ornamental Structural Unski 1 led Mason Tenders Plasterers Tenders Asphalt Raker BRICKLAYERS/BLOCKLAYERS Hanging and Batt Insulation) LABORERS : LATHERS PAINTERS, BRUSH (Excluding PLASTERERS POWER EQUIPMENT OPERATORS: Drywall Finishing) Backhoe Grader 12.67 1.09 16.00 13.85 13.30 15.49 15.15 13.43 12.63 13.58 12.71 8.55 9.00 9.00 9.25 13.85 11.72 14.70 12.50 13.40 3.42 2.28 1.55 1.29 3.46 2.08 2.17 1.11 1.97 1.72 Loader Concrete Pump Roller Tractor Dozer ROOFERS SHEETMETAL WORKERS (Excluding HVAC Duct work) SPRINKLER FITTERS TERRAZZO MECHANICS TILE SETTERS TRUCK DRIVERS 13.08 13.06 10.13 11.91 1.32 9.75 12.58 1.77 13.77 16.25 5.85 12.13 13.78 10.25 1.42 3.49 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)) . In the listing above, the tISU'l designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ----____________________________________------------------------ WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a a conformance (additional classification and rate) position on a wage determination matter ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENEWLL DECISION EXHIBIT “B” 350-000-1 5 Comptroller 08/06 Federal Highway Administration Provision - Buy America Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. EXHIBIT “C” I. II. 111. IV. V. VI. VII. VIII. IX. X. XI. XII. A. I. 350-000-15 Comptroller 08/06 Required Contract Provisions Federal-Aid Construction Contracts General Nondiscrimination Nonseareaated Facilities Payment of Predetermined Minimum Waqe Statements and Payrolls Record of Materials, Sumlies. and Labor Sublettinq or Assiqninq the Contract Safety: Accident Prevention False Statements Concernina Hiqhwav Proiects lmolementation of Clean Air Act and Federal Water Pollution Control Act Certification Reqardina Debarment. SusDension Ineliclibilitv. and Voluntarv Exclusion Certification Reqardinq Use of Contract Funds for Lobbying Attachments EmDloyment Preference for Amalachian Contracts (included in Appalachian contracts onlv) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: 2. 3. 4. Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 29 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) a5 set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. Selection of Labor: During the performance of this contract, the contractor shall not: discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 6. a. b. 11. NONDISCRIMINATION 350-000-1 5 Comptroller 08106 (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and Orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 gt m.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and In their review of hislher activities under the contract. The contractor will accept as his operating policy the following statement: b. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, andlor on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 3. a. b. c. d. e. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral a. 3 50-000- 1 5 Comptroller 08/06 sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive ' hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with €EO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: b. c. 5. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. b. c. d. 6. Training and Promotion: a. b. c. d. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hislher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees, Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. 350-000-15 Comptroller 08/06 b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of face, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. c. d. 8. a, b. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract, Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. c. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The number of minority and non-minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. a. The records kept by the contractor shall document the following: 1. 2. 3. 4. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. 111. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 350-000-15 Comptroller 08/06 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are, segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 0. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)l the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. b. 350-000-1 5 Comptroller 08/06 c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. Classification: a. b. 1. 2. 3. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; the additional classification is utilized in the area by the construction industry; the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and with respect to helpers, when such a classification prevails in the area in which the work is performed. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30day period that additional time is necessary. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. c. d. e. 2. Payment of Fringe Benefits: a. b. 3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with 350-000-15 Comptroller 08/06 the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hidher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, 2. 3. 4. b. Trainees: 1. 2. 3. 350-000-1 5 Comptroller 08/06 trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 4. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 4. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. . 6. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees. and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violation: 350-000-1 5 Comptroller 08/06 Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 0. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1, Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. b. 350-000-15 Comptroller 08/06 c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-I), US. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d. 1. 2. 3. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 0. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. urnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relativFurnishateriaIs and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. f. g. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR a. b. c. 350-000- 15 Comptroller 08/06 1. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted, 0. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). VII. SUBLETTING OR ASSIGNING THE CONTRACT a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1, The contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 0. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS b. VIII. SAFETY: ACCIDENT PREVENTION IX. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. 350-000-1 5 Comptroller 08/06 Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, fim, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantify, or cost of the material used or to be used, or the quantify or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transpodation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or reporl submitted pursuant to provisions of the Federal-aid Roads Act approved July 7, 1916, (39 Stat 355), as amended and supplemented; Shall be fined not more hat $70,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 gt w., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 gt seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 0. Instructions for Certification - Primary Covered Transactions: XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 350-000-15 Comptroller 08/06 (Applicable to all Federal-aid contracts - 49 CFR 29) a. b. C. d. e. f. 9. h. 1. 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal , Government, the department or agency may terminate this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 350-000-15 Comptroller 08/06 ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Primary Covered Transactions 11. The prospective primary participant certifies to the best of its knowledge and belief, a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applicationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. that it and its principals: 12. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) . By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered 350-000-15 Comptroller 08/06 transaction, unless authorized by the department or agency with which this transaction originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the Nonprocurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. f. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions: 9. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. statements in this certification, such prospective participant shall attach an explanation to this proposal. 10. Where the prospective lower tier participant is unable to certify to any of the too.* XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 350-000- 15 Comptroller 08/06 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. AlTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: . To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph IC shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph IC above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 6. ' Last modified on March 11, 2005 Date Prepared: May 27, 2008 Resolution 46, 2008 EXHIBIT “B” ADDENDUM 111 TO STAND-BY AGREEMENT THIS ADDENDUM 111 to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and PHILLIPS & JORDAN, INC. (CONTRACTOR) this day of WW, , 2008. WHEREAS, on July 21 , 2005, the City Council approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, in accordance with Article 4 of the Agreement, the CITY reserved the right to renew the contract for one (1) additional three (3) year term; and WHEREAS, both parties hereto desire to renew the term of the Agreement for an additional term commencing July 21, 2008, and ending July 20, 2011, on such terms and conditions as provided herein below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. The Agreement by and between the CITY and the CONTRACTOR is hereby renewed for the period July 21, 2008, through July 20, 2011, which is in accordance with the contract extension acknowledgment dated April 22, 2008, attached hereto as Exhibit “A. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated July 21, 2005, and the Addendum II dated March 1, 2007, shall remain in full force and effect. (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum Ill to the Agreement. CITY OF PALM BEACH GARDENS By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: yT&g&J %5 um, City Attorhey WITNESS: PHILLIPS & JORDAN, INC. By: - By: - 024 e SQ-e Printed kame: G:\attorney-share\AGREEMENTS\addendurn 111 - stand-by agmt -jordan phillips.doc 2 ATTACHMENT “A” CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 CONTRACTED UNIT PRICING ACKNOWLEDGMENT FORM DISASTER RECOVERY SERVICES CONTRACT AWARD BASED ON BID #2005-008 Phillips and Jordan, Inc. doas intend to extend the current contracted unit prices for disaster recovery services (Agreement executed July 21, 2005) for an additional three year period with the same terms and conditions. Authodzed Signat de' r Date Phillips and Jordan, Inc. does not intend to renew the current contracted unit prices for disaster recovery servlces (Agreement executed July 21, 2005) for the following reasons: Authorized Signature 2 Date ADDENDUM II TO STAND-BY AGREEMENT THIS ADDENDUM II to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and ASHBRITT, INC. (CONTRACTOR) this day of ,2008. WHEREAS, on July 21, 2005, the City Council approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, in accordance with Article 4 of the Agreement, the CITY reserved the right to renew the contract for one (1) additional three (3) year term; and WHEREAS, both parties hereto desire to renew the term of the Agreement for an additional term commencing July 21, 2008, and ending July 20, 2011, on such terms and conditions as provided herein below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. The Agreement by and between the CITY and the CONTRACTOR is hereby renewed for the period July 21 , 2008, through July 20, 201 1, which is in accordance with the contract extension acknowledgment dated April 4, 2008, attached hereto as Exhibit “A. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated July 21, 2005, and the Addendum I dated March 1, 2007, shall remain in full force and effect. (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum II to the Agreement. CITY OF PALM BEACH GARDENS Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY / By: / - /& Christine P. Tatum, City Attorney WlTN ESS: ASHBRITT, INC. " Printed Name: 1 (SEAL) Glattorney-share\AGREEMENTS\addendurn II - stand-by agrnt -ashbritt.doc 2 ATTACHMENT “A” :;( 4 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 CONTRACTED UNIT PRICING ACKNOWLEDGMENT FORM DISASTER RECOVERY SERVICES CONTRACT AWARD BASED ON BID #2005-008 AshBritt, Inc. does intend to extend the current contracted unit prices for disaster recovery services (Agreement executed July 21, 2005) for an additional three year period with the same Date AshBritt, Inc. does not intend to reflew the current contracted unit prices for disaster recovery services (Agreement executed July 21, 2005) for the following reasons: Authorized Signature Date ADDENDUM II TO STAND-BY AGREEMENT THIS ADDENDUM II to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and CERES ENVIRONMENTAL SERVICES, INC. (CONTRACTOR) this day of , 2008. WHEREAS, on July 21 , 2005, the City Council approved the award of contract to the CONTRACTOR for Disaster Recovery Services; and WHEREAS, in accordance with Article 4 of the Agreement, the CITY reserved the right to renew the contract for one (1) additional three (3) year term; and ‘ WHEREAS, both parties hereto desire to renew the term of the Agreement for an additional term commencing July 21, 2008, and ending July 20, 2011, on such terms and conditions as provided herein below. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. The Agreement by and between the CITY and the CONTRACTOR is hereby renewed for the period July 21 , 2008, through July 20, 201 1 , which is in accordance with the contract extension acknowledgment dated April 8, 2008, attached hereto as Exhibit “A. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated July 21 , 2005, and the Addendum I dated March 1, 2007, shall remain in full force and effect. (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum ti to the Agreement. CITY OF PALM BEACH GARDENS By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney WITNESS: CERES ENVIRONMENTAL SERVICES, I . P G:\attorney-share\AGREEMENTS\addendum II - stand-by agmt -ceres.doc 2 ATTACHMENT “A” CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 CONTRACTED UNIT PRICING ACKNOWLEDGMENT FORM DISASTER RECOVERY SERVICES CONTRACT AWARD BASED ON BID #2005-008 Ceres Environmental, Inc. does intend to extend the current contracted unit prices for disaster recovery services (Agreement executed July 21, 2005) for an additional three year period with the same tgfms and conditions. Ceres Environmental, Inc. does not intend to renew the current contracted unit prices for disaster recovery services (Agreement executed July 21, 2005) for the following reasons: Authorized Signature Date CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 12,2008 Meeting Date: June 19,2008 Resolution 39,2008 Subiect/APenda Item: Resolution 39,2008: Parcel 27.0927.06 - Amendment to Restrictive Covenant Consideration of Approval: A request by Michael J. Sanchez of Johnston Group Land Development Consultants, Inc., agent for Musca Properties, LLC, for an amendment to the recorded covenant that encumbers the building formerly occupied by La-Z-Boy and Bombay Company (“Retail Building 2”) located within Parcel 27.0Y27.06. The purpose of this amendment is to amend the restrictive covenant to allow for office uses to occupy the Building. Parcel 27.0Y27.06 is located along PGA Boulevard within the Regional Center. [XI Recommendation to APPROVE [ ] Recommendation to DENY Growth Management L Originating Dept: Richard J. Manrao Senior Planner [XI Quasi - Judicial [ ]Legislative [ ]PublicMeanng Advertised Papm Palm Beach Post Affected Parties: [ ]Notified fxf Not Required Finance: Senior Accountant: Tresha Thomas Fees paid [Yes] Funding Source: Budget Acct.#: N/A City Council Action: [ ] App. wl conditions [ ] Continued to:- IApprOved [ ]Denied Attachments: ProjectNmative Development Application Agreement of Restrictive 0 Amendment to Agreement of LetterfromMallProperbes, ConsentLetterhmFQA covenant Restrictive Covenant LTD Board of Directors Restrictive Covenant PropsedAmendmentto Resolution 39,2008 SitePlan Date Repared: May 12,2008 Meeting Date: June 19,2008 Resolution 39,2008 Page 2 of 2 BACKGROUND During the review and approval process of the previously approved Notice of Proposed Change (NOPC) to the Regional Center DRI, the property owner of Parcel 27.06, Catalfbmo Construction and Development, Inc., agreed to a restrictive covenant for Retail Building 2, which was recorded with the County Clerk’s office on May 29, 2002. The recorded covenant (please see attached) defines and limits the use of space to be occupied within Retail Building 2 to only allow tenants that were Exclusive Specialty Retailers. The language hrther defines what “exclusive specialty retail” is and sets restrictions on the maximum number of establishments to occupy the Building, which is a total of six tenants. The covenant fbrther states that prior to issuing an occupational license to any potential tenant, a designation of “Exclusive Specialty Retail” status must be obtained from the City’s Growth Management Director. Should the Director deny or refhe to grant said status, the applicant may appeal the decision to the City Council by filing an appeal with the City Clerk’s Office. “The decision of the City Council shall be final, with no right of appeal,” per the recorded covenant. On May 20,2004, City Council approved an amendment to the recorded covenant which deleted the minimum and maximum (6,500 and 2,000 square feet) square footage thresholds that could be occupied by potential tenants (please see attached). The Applicant requested the deletion of the minimum and maximum thresholds because a potential tenant had requested from the applicant to occupy the remaining and available square footage of the La-Z-Boy building, which was approximately 8,500 square feet. PROPOSED CHANGE TO THE RECORDED COVENANT The Applicant is proposing to amend the language of the recorded covenant to allow for office uses to occupy the Retail Building 2 along with any other use that meets the definition of the Exclusive Specialty Retail, as defined in the existing Restrictive Covenant. Please note that the Applicant is not proposing to modify or delete any of the existing language in the Covenant and has obtained consent from Mall Properties, Ltd., and from the Parcel 27.0Y27.06 Property Owner’s Association (please see attached letters). The subject request would only allow office uses to be permitted within the Retail Building 2, in addition to the Exclusive Specialty Retail tenants, which are both permitted uses in the subject property’s zoning designation. Currently, the applicant would be required to amend their development order to add any allocations for additional general or medical ofice uses to their site over and above what the existing development order allows. With this application, the applicant is only requesting to amend the restrictive, not amend the approved development program. STAFF RECOMMENDATlON Staff recommends approval of Resolution 39,2008. JOHNSTON GROUP Land Development Consultants, Inc. 2845 PGA Boulevard: Amendment to Restrictive Covenant Proiect Narrative Revised May 12,2008 REQUEST Johnston Group Land Development Consultants, Inc. (“Johnston Group”), on behalf of Musca Properties, LLC (“Owner”) hereby respectfully requests the City’s consent to amend a restrictive covenant that encumbers the building formerly occupied by La-Z-Boy and Bombay Company (“Building”). The Building is within the Parcel 27.05/.06 development (“Parcel”). The Building is generally located on the north side of PGA Boulevard approximately one mile east of Alternate A1A at 2845 PGA Boulevard. BACKGROUND The Parcel is located within the Regional Center Development of Regional Impact (“DRY’) that was approved by the City in February of 1984. The development order and site plan for the Parcel were approved by the City Council in May of 2000 by way of Resolution 26, 2000. Both have been amended several times since the original approval by the City. The currently approved site plan for the Parcel designates 25,000 square feet of retail use to the Building and designates 107,467 square feet of office use and 3,420 square feet of bank use to the other buildings on site. The Parcel is currently built out. REQUEST: AMENDMENT TO RESTRICTIVE COVENANT An Agreement of Restrictive Covenant (“Covenant”) by Palm Beach Furniture Company, Inc., to which the Owner is successor, recorded in OR BK 13749 PG 1355 of the Official Records of Palm Beach County, as amended by the Amendment to Agreement of Restrictive Covenant recorded in OR BK 17145 PG 1860 of the Official Records of Palm Beach County, made the Building subject to a restrictive covenant that limits the use of the building to uses which meet the description of “Exclusive Specialty Retail” as set forth in Exhibit B of the Restrictive Covenant (attached). It is our understanding that the City required this Covenant from the previous property owner. With the recent construction of developments such as Legacy Place, Downtown at the Gardens, the three (3) phases of PGA Commons, Midtown (f.k.a. Borland Center), PGA Professional & Design Center (a.k.a. Parcel SB), and Mirasol Walk, well over one-half million square feet of retail/restaurant space, some of which could certainly be considered to meet the above- 601 !Heritage Drive, Suite 127 . Jupiter, FL 33458 . 561 691 4552 p . 561 691 4553 f * tttfo~~~ijohtistongroupii~c.coi~~ . www joiinstonyroupinc coni 2845 PGA Boulevard: Project Narrative May 12,2008 Page 2 of 2 referenced definition, has been constructed along PGA Boulevard and the adjacent properties since the recordation of the Restrictive Covenant. Additionally, the specific uses that are permitted and prohibited within the PGA Boulevard Corridor Overlay, to which the Property is subject, were reviewed and amended by the City Council in 2004 (Ordinance 18, 2004) in an effort to reinforce and uphold the City’s high standard for development along PGA Boulevard. Thus, the climate that precipitated the desire by the City that the Building be utilized only for Exclusive Specialty Retail uses has changed significantly. It is the desire of the Owner, by way of the subject application, to amend the Covenant, which severely burdens its ability to lease the vacated space. The amendment would allow office uses to occupy the Building along with any other use that meets the definition of the Exclusive Specialty Retail as defined in the existing Restrictive Covenant. To reiterate, the applicant is not proposing to modify or delete any of the existing language in the Covenant. Rather, the applicant is only requesting that office uses also be permitted within the Building. The Owner understands that any use that is to occupy the Building must conform to all applicable City zoning requirements, including traffic concurrency, parking, uses, etc. At the request of staff, the applicant has obtained consent to the proposed amendment from Mall Properties, Ltd., which has enforcement powers over the Covenant, and from the Parcel 27.05/.06 Property Owners Association. The consent letters are attached hereto. The applicant has experienced significant difficulty in leasing space within the Building based on the restrictions contained in the existing Covenant. With the proposed amendment, the applicant will have greater flexibility in leasing space to both office and exclusive specialty retail tenants. The proposed office use is permitted within the PGA Boulevard Corridor Overlay District and is therefore consistent with other properties along the corridor. The request is well founded and property justified. Johnston Group looks forward to working with the City to bring resolution to these matters and respectfully requests the City’s consideration herewith. CITY PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 334 10 (561) 799-4243 Fax (561) 799-4281 Rea uest: - Planned Community Development (PCD) - Planned Unit Development (PUD) - x Amendment to PCD, PUD or Site Plan - Conditional Use - Amendment to the Comprehensive Plan - Administrative Approval - Miscellaneous - Administrative Appeal - Other Date Submitted: ProjectName: Parcel 27.05/.06 Site Plan Amendment - Annexation - Rezoning - Site Plan Review - Concurrency Certificate - Time Extension 1300 E. 9th St., Ste 1202 Owner: Musca Properties, LLC Address:CleVeland, OH 44 1 1 4 Applicant (if not Applicant’s Address: Telephone No.216-696-1300 Agent: Johnston Group Land Development Consultants, Inc. Contact PersonHichael J. Sanchez €-Mail: ..- msanchez@jolinstongroupinc.com-- Agent’sMailingAddress: 601 Heritage Drive, Ste. 127, Jupiter, FL 33458 Agent’s Telephone Number: 561 -691 -4553 561 -691 -4552 Fax Number: FOR OFFICE USE ONLY Petition Number: Fees Received Date & Time Received: 4pplication $ Engineering $ Receipt Number: 1 Phone Number: Architect: Engineer: Phone Number: Planner: Phone Number: Landscape Architect: Phone Number: Site Information: Note: Petitioners shall submit electronic digital files of See attachment for details. approved projects. General Location: Parcel 27.05/.06 Address: 2845 PGA Boulevard Township: 42 Range: 43 Section: 0 5 Property Control Number(s): 5 2-4 3 -4 2 -0 5 - 2 6-0 27 -0 0 6 3 ~~ Acreage: Current Zoning: Requested Zoning: Flood Zone Base Flood Elevation (BFE) - to be indicated on site plan Current Comprehensive Plan Land Use Designation: Existing Land Use: Requested Land Use: Proposed Use(s) i.e. hotel, single family residence, etc.: Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s) Le. single family, multifamily, etc. (if applicable): see attached Project Narrative Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations) 2 , 9 1. Explain the nature of the request: see attached Project Narrative 2. What will be the impact of the proposed change on the surrounding area? see attached Project Narrative 3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1, Land Development Regulations)? 3 , , 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 26 1, Land Development Regulations)? N/A 6. Has project received concurrency certification? See attached Project Narrative Date received: LePal Description of the Subiect Property (Attach additional sheets if needed) Or see attached deed for legal description. See attached Legal Description 4 Statement of OwnersbiD and Desknation of Authorized APent Before me, the undersigned authority, personally appeared Joseph Musca who, being by me first duly sworn, on oath deposed and says: 1. That hdshe is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Site Plan Amendment in the City of Palm Beach Gardens, Florida Michael J. Sanchez That he/& has appointed Johnston Group Land Dev. Consult. to act 3. as authorized agent on hidher behalf to accomplish the above project. N eof mer: Musca Properties, LLC &C?ML of Owner yz/1/2yw Joseph M. Musca, Manager By: NamelTitle 1300 E. 9th St., Ste 1202 Cleveland, OH 441 14-1 503 City, State, Zip Code Street Address P. 0. Box City, State, Zip Code 21 6-696-1 300 Telephone Number Fax Number My Commission expires: E-mail Address Sworn and subscribed before me this day of @, , dH7. 77 6 , Applicant’s Certification VWe affirm and certify that Ywe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Applicant is: - Owner - Optionee - Lessee - X Agent Michael J. Sanchez, Johnston Group Print Name of Applicant 601 Heritage Drive, Ste 127 Street Address Jupiter, FL 33458 City, State, Zip Code 561 -691 -4552 Telephone Number - Contract Purchaser 561 -691 -4553 Fax Number msanchez@johnstongroupinc.com E-Mail Address 7 , dhcana or SO.53 feet; chcnct South Or dspm oe rntnutes of 368.01 fM to the POINT OF BEGINMNC. ,’ Y LAZBOY OFFICE rwJk ui 05/ 30/ 2002 14: 04 5618442126 May-20-UZ 05:0?pm F~IJIII-COHE~S SCClERER WEINBES'CER 561-842-41 0 1-272 P.02/06 F-341 L HElU.lV UKKlS.3.C WEINBERGER & WOLMER ATTORNEYS AT LAW FRED c. meN, PA:- GREGORY R COHEN WRD A. COWKO' BLAINE C. DtCKENSON DOMINIC S. UBERI' RICHARD J. bEEHAh" DAM0 E. NUWS, P.A. . KENNETH J. SW'ZWR P.A. KYLE A. WLv6RMUU' MS s. TELEPMnN"' ROBERT M. WSWERGER, P.A BRENT 6. WOLMER, P.A '01 COUMa -Board Cirunea ma! EIIJR PeteR R. F!AY Cerfhioa Wneas Leiiriw OF CCWSEL: RIChWP S. RACi-lLIN, PA, RICYARD 9. RACHCiN' May 29,2002 Charles Wu, AlCP Growth Management Director City of Palm Beach Gardens 1 O500 N. Military Trail Palm Beach Gardens, Florida 3341 0 RE: Palm Beach Furniture Company - Mall Properties Our file 92936.009 DearMr. Wu: Enclosed herein, pursuant to the above captioned matter, please find a certified copy of the Agreement Of Restrictive Covenant dated May 23,2002, recorded May 2!4 2002 in Official Record Book 13749, page 1355 of the Public Records of Palm Beach County, Florida. If you have any questions, please do not hesitate to contact me. Very truly yours, COHEN, NORRIS, SCHERER, WEINBERGER & WOLMER CC: James Jacoby via fax! 691-3880 Graham tamer via fax: 844-2126 05/36/2802 14:04 5618442126 rwr UL OS/29/2002 15:13:26 80020270762 OR BK L3749 P6 135s Pdh Beach htlnty, Florida a002 ,An THIS Agreemeat of RelrEhtive Covenant ("Agreement") ia &ed cs of the ' 23 day of '.e4 > May, 2002 by PALM BEACH rmRNITuRE COMPANY, INC., a Mda corporation palm Beach FundtIm'?. BACKROW A Palm Beach Fumitm is the Ownet of the d Propeaty located in the City of Palm Beach Gsrdms, Pakn E& County, Florida and legally dasrribsd on Exhibit "A" (rhc 'Tarcef'?. B. Palm Beach Fdmitarc dwins to enter into and mrd tbis Restnctivc Covumt witb nspea to the Parcel and the used opacatjon thctcofk accordmce with the blbwing tenns and conditionfi. 1. Tho pqosc Md inmt oIWs Covenant is to 1~99ure *the developnieat of the Parcel k in PQA Boulevard. . harmony the stnndds of the City of Palm Beach Gotdais for dcv~lopme~ts locat~d on .. 2. Palm Bmeb Furnim Is consrmcting a 25,000 sfrtrail building ("suilcliag'3 an the Parcel. Palm Beach Fumi~e CmTtmly infends to occupy qpmdmably 17,300 sf of the Building. Tbc City of Palm Beach Gardens has -&ai to the occopen~y by Palm &ach Furniture of all oi any portion of the BIlildiog conditioned upon Mm Beach PUrniNte awing chat the balance of the Building not occupied by Palm Beach Flrmitura sball only be occupied by teaants metine the description of thc 'Q~elusivc Specialty Raail" as set farth on Wbit "B" attached bemb. Palm Beach Pudure ap;nts that the defcrminatim of whether or not E proposcd omupant of tk Buildihg &c*, the dcfiaslion of Exclusive Spc&lty Retail shalt bc dctarmined in accordance witb Exhibit "B". 3. Should hbn Bea& Ptunitme vacsts the partion of& Building it pidy intend tu occupy, thcn the dction ret forth in Paragraph 2 above shall dso apply with raspe4t to any such porrim of the Bullding VBCatcd by Palm B& Iknitust. 4. This Agrrctncat may be mfixccd by all available legal and equitable mans by Mall Propatits, Ltd.. its legal represmtsdvts, suooessor and assigrrs and tfrt City of Palm Beach csatdau. 5. The rgetriction~. covewusts, condi.tions, obligations, dons, n@s, powem and chsrges herein provided ohall constitute a snvitude en thc Pd and shatl run with the Pad and a&rc to the beatfit of aad be &able by the parties aet forth in Parsgraph 4 abovc. Any J :. .. . *. * L' . .. .. . ,. .. .- ... failure to enfbrce my xurStriCtions, coVeMmts, conditions, obligatiora, reservation or other right hcreir, contained, shall in no eveat be deemed a waiver of the rigbt to thuwfkr enfbme any such restrictim, covenants, conditions, obligations, resewations or light. I M WITNESS; -OF, the partieS have executed this Agreement as of the date first above written. STATE OF F'LORlDA COUNTY OF PALM BBACH I HEREBY CERTEYthat on this day, b&re me, an officer duly aurhwized in the State aforesaid and in the Caunly aforessid to take a~knowltdgmests, the foregoing instrument was acknowledged b&re me tbis 23 day of 2002, &&&m L.bwlee, the E%W&JC V. PRkJ. of Palm Beach Furniture is perS0tl;slly bnc~wn to m3 or produced as identifieation, did not take an oath. 05/38/2802 14: 04 5618442126 LAZBOY OFFICE PAGE 04 May-2s-02 05:03um From-COHEN m IS SCHERER NEINBESCER : "' , 4 EXHIBIT *-. BWK 13749 WGE 1357 CIUPTIONI PARCEL 27m rnw 03 . 05/36/2062 14: 04 5618442126 LAZBOY UFFlCE ENaIS SCHERER MINBESCER 511-842-61@ 1-272 p.ome F-341 w May-28-02 05 : 03pn F rom-COHI I .\ t ... Boa( 13749 PME 1358 D*athy H. Wilken, Clerk EXHIBIT "& EXCIUSIVC 5peiia)ty RetaiI meas commercial eaabIi5h.m- selling, at retail prices, items which fit into a single machandise category or groups of categories and w&se mefcbandiee lines me more limited or focused in scope or include items wbich itre not , typically foupd in departmttrt stows or discount depammt stores and are not generally , sold at less ulan rctail prices. &amples of Specialty Rdi uses include but are not neceseafily limited to individual stores limited to the sales of items fivm merchandise categories such as personal gifts, luggage, high-Won apparel and acccssoxi~, computeas and related equipment and supplies, hme electdc equipment, housewares, lincns, jewelry, gaumret or ppines or liquors, books, and chias and crystaf. No Exclusive Specidty Retail eatablishcht ahazI be less than 2000 square foot of exceed 6500 square foot In addition, there Shall newer be mom than Six (6) lhclusive Specialty Retail establishcats iu the 25,OOO square foot building, prior to the 'issuance of an occupational liceinso, any e&b&ent shall obtain a designation of Exclusive Specialty Retail status fhnn the Growth hagmeat Directox. The G:nwth Management Director's rejhsal to iesue such a designation may be appealed by f&g, with the City Ckk a request for an appeal to the City Council within ten (10) days of the Growth Mmgement Director's Written deOision. The mattea will be heard by the City Council en the naxt available Oty Council agenda The decision of the City Comcil shall be . W, with no right of appeal, This Instrument Pmptucd by and rem to: David B. No&, Esq. Cohen, Noms, Sck, Weinbcrger & Wolmer CFN 28040359071 OR BK 17145 PG 1860 RECORDED Q612212W ll:43t&3 Pel. Beach County, Florida Dorothy H Yilken, Clerk af Court 712 U. S. Highway One, 4M Floor nod^ Palm Beach, Florida 33408 File 92936.009 . Fumitm extouted and recorded that certain Agreement Of and record4 in Officiaf Record Book 13749, page 1355 Rastricuve Covenant of the Public Florida ~Agrecmmt''); and \\:La .. .? WHEREA$, Pslm Be&&re wishas to emend said Agrcemcnt as set for?h harein. NOW, TrlEREFORE, iq@$@deration of the premises, the mutual representations, warranties, covenants and agmerkas htreiaaAcr contsintd, an8 otba good and valuable considmtim, the rccaipt and sufl5cie-&whi& are hereby achowledgcd and intending to be legally bound, the panics hereby agraeW$$$oys: Recitals. The foraping rb&4;&e true and correct and incorporated herein by \+ ,&?. . ,c ,,,*'-I, r' '.,> 1 1. reftrance. k' L;-;7 ("z-+>, (3 2. Said Agreement is amcndtd as f+92" I: ,, A. Exhibit '9" is deleted and the Exhibit "B" atrached hereto. 3. Except as set hrth herein, all of the Agreement shall remain in fid force and effect. Page 1 of 5 e A r- Dl WlTNESS WXEREOlF, the parties have cxccut6d this Amendment To Agreement Of Restrictive Covenant as of the date fllrat above wrirten. APPROVED BY N'PROVBD BY: ) STATE OF FLORIDA COUNTY OF PALM BEACH ) 59: BQBn 13749 PCrsE 1357 J i . ,.' EXHIBIT “gr, I 1 I Exclusive SpeCjalty Retail mcm commtrcial establishments solling, at retail priccs, items which fit into a shgIc marcbaadisc category or groups of cstegorics and whose merchandise lines are more 1 Wted or focused in scope or include items which are not typically bund in dcpartmunt stofcs or discount department stores and arc not generally sold at less than mtail prices. Examples of Specialty Retail usc9 include, but are not necessarily limited to, individual 8tom Wted to the sabs of items .from merchandise ategodes such as persod gifts, luggage, high-Won apparel and 1 utm and relatcd equipment and supph, home electronic equipment, housewares, director. Thb$.&$ch Managanent Director’s refussI to issue such a designation may be appealed by filing witb b& dty C$rk a request for an appeal to the City Couneil within ten (10) days of the Growth ManagcPntnt,Di&tot’s Hrritten decision. The matter will be head by the City Council on ?he next available qj’fl agenda. Tho decision of the City Council shall be final, with no right ?? q ,;r \‘.,I i .L of appeal. i t MALL PROPERTIES, LTD. 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 April 10,2008 In re: 2845 PGA Boulevard Palm Beach Gardens, Florida 33410 Request for Modification of Permitted Uses To Whom It May Concern: Mall Properties, LTD., by and through its general partner and/or successor Catalfumo Management and Investment, Inc., hereby provides its consent to the inclusion of office use in the permitted uses for the property commonly known as 2845 PGA Boulevard, Palm Beach Gardens, Florida. This consent includes, without limitation, approval of any modification of the Agreement of Restrictive Covenant recorded in the Palm Beach County Official Records, Book 13749, Page 1355 and the Amendment thereto recorded in Book 17145, page 1860 necessary to document the inclusion of office use as a permitted use. MALL PROPERTIES, LTD., a Florida limited partnership By Its General Partner: Catalfumo Management and Investment, Inc., a Florida corporation Quality From The Ground Up Management and Investment, Inc. CONSTRUCTION DEVELOPMENT MANAGEMENT LICENSED REAL ESTATE BROKER April 09, 2008 Grant M. Yoakum Attorney for Musca Properties, LLC 1300 East gth Street, Suite 1202 Cleveland, OH 441 14 Re: 2845 PGA Boulevard, Palm Beach Gardens, FL 33410 Parcels 27.09.06 Property Owners Association Dear Grant: This letter is to advise Musca Properties that the Board of Directors for the association, Parcels 27.05/.06 Property Owners Association, has no objection to the allowance of office use within the subject building. It is the understanding of the Board of Directors that all other mandates and/or restrictions remain unchanged. Sincerely, PARCELS 27.09.06 POA On Behalf of the Board of Di ectors i cc: Parcels 27.0Y.06 POA Board of Directors 4300 Catalfurno Way Palin Beach Gardens, Florida 33410 (5611 694-3000 Fax [56’l) 691-5284 www.catalfurno.com FIRST RESTATEMENT OF THE AGREEMENT OF RESTRICTIVE COVENANT This First Restatement of the Agreement of Restrictive Covenant (“First , 2008 by Musca Properties, LLC, Restatement”) is dated this day of an Ohio limited liability company (“Musca”) and provides as follows: WHEREAS, Musca is the owner of the real property described in Exhibit “A” attached hereto (the “Parcel”); and WHEREAS, Palm Beach Furniture Company, Inc., prior owner of the Parcel executed and recorded an Agreement of Restrictive Covenant (“Agreement”) dated May 23, 2002, and recorded in Official Record Book 13749, page 1355 of the Public Records of Palm Beach County, Florida, and an Amendment to Agreement of Restrictive Covenant (“First Amendment”) dated April 17, 2004, and recorded in Official Record Book 17145, page 1860 of the Public Records of Palm Beach County, Florida; and WHEREAS, Musca and the approving parties hereto wish to repeal the Agreement and First Amendment and replace same with this First Restatement as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Musca agrees as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Effect of First Restatement. The Agreement and First Amendment are hereby repealed in their entirety and shall have no further force or effect and are replaced and superseded by this First Restatement as set forth at Section 3 herein below: 3. Restrictive Covenant. A. The purpose and intent of this Covenant is to assure that the development of the Parcel is in harmony with the standards of the City of Palm Beach Gardens for developments located on PGA Boulevard. B. The building(s) located on the Parcel shall be occupied by tenant(s) utilizing the space for office use or tenants meeting the description of Exclusive Specialty Retail as set forth on Exhibit “B” attached hereto. Page 1 of 3 C. This First Restatement may be enforced by all available legal and equitable means by Mall Properties, Ltd., its legal representatives, successor and assigns and the City of Palm Beach Gardens, Florida. D. The restrictions, covenants, conditions, obligations, reservations, rights, powers and charges herein provided shall constitute a servitude on the Parcel and shall run with the Parcel and adhere to the benefit of and be enforceable by the parties set forth in Paragraph C above. Any failure to enforce any restrictions, covenants, conditions, obligations, reservation or other right herein contained, shall in no event be deemed a waiver of the right to thereafter enforce any such restriction, covenants, conditions, obligations, reservations or right. IN WITNESS WHEREOF, the parties have executed this First Restatement of the Agreement of Restrictive Covenant as of the date first above written. Musca Properties, LLC, an Ohio limited liability company Signature By: Printed Name Dated: ,2008 Joseph M. Musca, Managing Member Signature Printed Name APPROVED BY: City of Palm Beach Gardens Signature By: Printed Name Print Name: Title: Dated: ,2008 Signature Printed Name Page 2 of 3 APPROVED BY: Mall Properties, Ltd., a Florida limited Signature partnership Printed Name By: Print Name: Title: Signature Dated: ,2008 Printed Name Page 3 of 3 EXHIBIT “A” DESCRIPTION PARCEL 27.06E A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING A PORTION OF PARCEL 27.06 AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.05, 27.06, & 27.R02, AS RECORDED IN PLAT BOOK 88, PAGES 104 AND 105, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5, THENCE SOUTH 88’51’28’’ EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 (THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 IS ASSUMED TO BEAR SOUTH 88’51’28” EAST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 1330.18’, THENCE DEPARTING SAID SOUTH LINE NORTH 01’08’32’’ EAST A DISTANCE OF 60.00’ TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PGA BOULEVARD AS SHOWN ON ROAD PLAT BOOK 5, PAGE 186, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE SOUTHEAST CORNER OF PARCEL 27.06 AS SHOWN ON SAID PLAT, THENCE NORTH 88’5 1 ’28” WEST ALONG SAID NORTH RIGHT OF WAY LINE AND THE SOUTH LINE OF SAID PARCEL 27.06 A DISTANCE OF 305.35’ TO THE POINT OF BEGINNING OF THE HEREIN AFTER DESCRIBED PARCEL, THENCE NORTH 88’51’28’’ WEST CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE AND SOUTH PARCEL LINE A DISTANCE OF 249.66’ TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PGA BOULEVARD DESCRIBED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 85’35’14’’ WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 15.71’ TO A POINT ON THE NORTH PAGE 935, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE RIGHT-OF-WAY LINE OF PGA BOULEVARD AS DESCRIBED IN ORB 12069, NORTH 77’32’50” WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 46.42’, THENCE NORTH 88’5 1’28” WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 98.5 1 ’, THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 01’07’16’’ EAST A DISTANCE 275.14’, THENCE SOUTH 88’53’44” EAST A DISTANCE OF 258.95’’ THENCE NORTH 01’07’09’’ EAST A DISTANCE OF 82.64’, THENCE SOUTH 88’52’51’’ EAST A DISTANCE OF 150.53’, THENCE SOUTH 01’08’16’’ WEST A DISTANCE OF 368.01’ TO THE POINT OF BEGINNING. EXHIBIT “B” Exclusive Specialty Retail means commercial establishments selling, at retail prices, items which fit into a single merchandise category or groups of categories and whose merchandise lines are more limited or focused in scope or include items which are not typically found in department stores or discount department stores and are not generally sold at less than retail prices. Examples of Specialty Retail uses include, but are not necessarily limited to, individual stores limited to the sales of items from merchandise categories such as personal gifts, luggage, high-fashion apparel and accessories, computers and related equipment and supplies, home electronic equipment, housewares, linens, jewelry, gourmet foods or wines or liquors, books, and china and crystal. In addition, there shall never be more than six (6) Exclusive Specialty Retail establishments in the 25,000 square foot building. Prior to the issuance of an occupational license, any such establishment shall obtain a designation of Exclusive Specialty Retail status from the Growth Management director. The Growth Management Director’s refusal to issue such a designation may be appealed by filing with the City Clerk a request for an appeal to the City Council within ten (10) days of the Growth Management Director’s written decision. The matter will be heard by the City Council on the next available City Council agenda. The decision of the City Council shall be final, with no right of appeal. 'pa" c-1 I /B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 39,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE RECORDED RESTRICTIVE COVENANT FOR RETAIL BUILDING 2 WITHIN PARCEL 27.05/27.06 LOCATED AT 2845 PGA BOULEVARD WITHIN THE REGIONAL CENTER DEVELOPMENT .OF REGIONAL IMPACT (DRI); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on May 4, 2000, the City Council approved Resolution 26, 2000, allowing a 179,070-square-foot multi-use development on a 16-acre site to be completed in one phase of development known as Parcel 27.0W.06 within the Regional Center DRI; and WHEREAS, on February 21, 2002, the City Council approved Resolution 27, 2002, amending the site plan for Parcel 27.0U.06; and WHEREAS, on November 21 , 2002, the City Council approved Resolution 190, 2002, amending the site plan for Parcel 27.051.06; and WHEREAS, on July 3, 2003, the City Council approved Resolution 71, 2003, amending the site plan for Parcel 27.03.06; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Professional Office (PO) and General Commercial (CGI) and a future land-use designation of Professional Office (PO); and WHEREAS, the City has received a request (MISC-07-12-000037) from Mr. Michael J. Sanchez of Johnston Group Land Development Consultants Inc., on behalf of Musca Properties LLC, for approval of an amendment to the recorded restrictive covenant for Retail Building 2 to allow office uses to be a permitted use within the Building; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: May 14, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 14, 2008 Resolution 39, 2008 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The restrictive covenant for Building 2 of the Parcel 27.0927.06 development as amended by application MISC-07-12-000037 is hereby APPROVED on the following described real property: LEGAL DESCRIPTION: PARCEL 27.06E A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING A PORTION OF PARCEL 27.06 AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.05, 27.06, & 27.R02, AS RECORDED IN PLAT BOOK 88, PAGES 104 AND 105, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5, THENCE SOUTH 88’51’28” EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 (THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 IS ASSUMED TO BEAR SOUTH 88’51’28” EAST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 1330.18’; THENCE DEPARTING SAID SOUTH LINE NORTH 01’08’32” EAST A DISTANCE OF 60.00’ TO A POINT ON THE NORTH PAGE 186, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE SOUTHEAST CORNER OF PARCEL 27.06 AS SHOWN ON SAID PLAT; THENCE SOUTH LINE OF SAID PARCEL 27.06 A DISTANCE OF 305.35’ TO THE POINT OF BEGINNING OF THE HEREIN AFTER DESCRIBED PARCEL; THENCE NORTH SOUTH PARCEL LINE A DISTANCE OF 249.66’ TO A POINT ON THE NORTH BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; RIGHT-OF-WAY LINE OF PGA BOULEVARD AS SHOWN ON ROAD PLAT BOOK 5, NORTH 88’51 ’28” WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE 88’51 ’28” WEST CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE AND RIGHT-OF-WAY LINE OF PGA BOULEVARD DESCRIBED IN OFFICIAL RECORDS THENCE NORTH 85’35’14” WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 15.71’ TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD AS DESCRIBED IN ORB 12069, PAGE 935, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 77’32’50 WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 46.42’; THENCE NORTH 88’51’28” WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 98.51 I; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 01 ‘07’16” EAST A DISTANCE 275.14’; THENCE SOUTH 88’53’44 EAST A DISTANCE OF 258.95’; THENCE NORTH 01’07’09” EAST A DISTANCE OF 82.64’; THENCE SOUTH 88’52’51 ” EAST A DISTANCE OF 150.53’; 2 Date Prepared: May 14, 2008 Resolution 39, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 THENCE SOUTH OI”08’16” WEST A DISTANCE OF 368.01’ TO THE POINT OF BEGINNING. SECTION 3. This approval expressly incorporates and is contingent upon all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR LEVY --- --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO - - G:\attorney-share\RESOLUTlONSkestrictive covenant amend for parcel 27-05-06 - reso 39 2008.docx 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 42,2008 SubjedAgenda Item: Resolution 42,2008, provides for the appointment of members to the Art in Public Places Advisory Board. [ X ] Recommendation to APPROVE 1 1 Recommendation to DENY Reviewed by: Submitted by: Kara hvm, Growth Management Administrator, StafF kpproved by: Ronald M. Ferris City M&ag& Originating Dept.: Kara Irwin, Growth Management Dept. n Advertised: Yes Date: May 9,2008 Paper: Palm Beach Post [ INotRequired Af€ixted parties [ ]Notified / [ ]Notrequired $ da Current FY Funding Source: [ loperating [ Xlother n/a Budget Acct.#: Council Action: E ]Approved [ ]Approvedwl conditions [ ]Denied [ 3 Continued to: Attachments: 0 Resolution 42,2008 0 Attendancerecords 0 Applications [ ]None Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 42,2008 BACKGROUND The purpose, powers and duties of this Advisory Board are to promote greater public participation in, and access to, arts and culture in the City and to make recommendations to the City Council to implement the Art in Public Places regulations, including site and artwork selection and review of artists@) and artwork(s) commissioned or purchased by the City. The applications of qualified applicants and the attendance records for current members have been attached for review and consideration. Two vacancies were created due to excessive absences. Therefore, the current First Alternate, Mr. Neuhaus, and the current Second Alternate, Ms. O’Brien will be appointed as Regular Members. Mr. Neuhaus has served on the AIPP Board since July 19,2007, and Ms. O’Brien has served on the AIPP Board since October 1,2007. Both Mr. Neuhaus and Ms. O’Brien have voted on projects in the absence of regular members. Some of those projects include Gardens Commerce Center, the North County Regional Library, and DoubleTree Hotel (North). The appointments are as follows: Cable Neuhaus - Regular Member filling unexpired term until October 1, 2009 Jennifer O’Brien - Regular Member filling unexpired term until October 1,2008 Vacancy - First Alternate Member filling unexpired term until October 1, 2009 Vacancy - Second Alternate Member filling unexpired term until October 1,2008 Each of the Board Members above has indicated their interest in maintaining their appointment to the Board. Staff published notices of the vacancies at City Hall, on the City Website, and in a publication of general circulation. As required, staff has also attached applications from residents interested in serving on the Board. STAFF RECOMMENDATION Staff recommends a motion to approve Resolution 42,2008, approving the appointment of Regular Member@) and Alternate Member@), to be determined by the City Council, to the Art in Public Places Advisory Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 42,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be comprised of seven (7) regular members and two (2) alternate members; and WHEREAS, notice of vacancies has been posted at City Hall, on the City Website, and in a publication of general circulation; and WHEREAS, the City Clerk has compiled a list of all interested persons who wish to serve as members of the Board, which is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointments of the following individuals as regular and alternate members to the Art in Public Places Advisory Board: Regular Members Terms Cable Neuhaus Jennifer O’Brien Exp. 10/1/09 Exp. 10/1/08 Alternate Members Terms Exp. 10/1/09 Exp. 10/1/08 SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 22, 2008 Date Prepared: May 22, 2008 Resolution 42, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\appointment - aipp members - reso 42 2008.docx 2 Date Prepared: May 22, 2008 Resolution 42. 2008 EXHIBIT &‘A’’ Cable Neuhaus Jennifer O’Brien Meriel “Honey” Bryan Richard Eakle Mark R. Giuliani David Porter Virginia Tee Susan Tornabene CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor/Council DATE: June 2,2008 FROM: Patricia Snider, City Clerk 41 SUBJECT: Advisorv BoardCommittee Appointments As per the staff report attached, Section 2-86 - Procedures for appointment and filling vacancies for membership of boards and committees shall be made at a regular city council meeting in accordance with the following procedures: 1. The City Clerk shall place on the council agenda the list of volunteers, including current members who seek appointment. 2. The attendance and voting records will be provided for current members. 3. The City Council may interview board and committee members who desire reappointment and volunteers from the City Clerk’s list. 4. The City Council shall, in public session, select the person(s) needed to fill such vacancy. Attached are the applications currently on file. These include any current members that have expressed an interest in maintaining their appointment. Please let me know if you have any questions. cc: Ron Ferris, City Manager R. Max Lohman, Interim City Attorney Allan Owens, Staf€Liaison Kara Irwin, Staff Liaison Charlotte Presensky, Staff Liaison c I amail - L 1 1 1 L L . I 3 r B f R1/ rn B 8 t f Application for City Advisory Board/Committee Appointment Please Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as provided by law. Years of Residency? .$I- E-mail address: C&,[t @ @&$[eUre&clau/+ 4c WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: /Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 p.m.) 0 Community Aesthetics Board (meets 1'' Wednesday of each month at 530 p.m.) 0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (meets the 4Ih Thursday of each month at 8:30 a.m.) 0 Planning, Zoning & Appeals Board * (meets the 2'Id and 4Ih Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 " Choice 2nd Choice 3'd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( dyes ( Previous service on City Bbards or Committees? ( ) Yes ( 4 No Which one(s) Date(s) of Service: ) No Which one(s) emh WJcn E-3ne-i- IC5 (PUT ww9 p/rc"eii *r qzNwP> Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( Which one(s) Date(s) of Service: ) Yes ( NO ) Yes ( r/(No Are you able to attend: ( ) daytime meetings ( devening meetings Present Employer: fi-a$& x &pall+ Address: WqT /3pcthTsb79c+ Profession: wP\ &Dd lsb IW-wL Position: &9lm&+-t. PI AS? \ Another State: Another State: Nil + Are you registered in the State of Florida? Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? 7-7 How long have you practiced the above profession? f 6- gu-5 / Preferred mailing address: ( J> Home ( ) Office Could your occupation pres t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ( Jo Please explain: - P i Q‘ Visual, performing or literary arts. o 0 Urban planning/design 0 0 Building construction 0 Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Real estate professional 0 Land surveyor 0 Banker 0 Accountant Architect, Architecture designer, landscape designer Arts and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. /Other ?’b% Ol‘ CLNtF (ANI& IPG A GwbATuw5w> 4%wwi + I 3 1 fzfJ-?-iyf719lru~ r Educational Background: Diploma. Degree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? ( 4Yes ( ) No Have you participated in civic or community activities: Yes: ( J) No: ( ) I under tand the uties, ole time commitment to the Boards or Committees to which I have applied. &hkqA d2 (1 4 $7 Signature Date / How did you Jdrn about the Board or Committee for which you have applied: City’s Web site: /’ Community Group: Newspaper (specify) City’s direct mail Brochure: Other: (specify) Prior to submitting an application, you are encouraged to attend one meeting Date attended: - Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept on file in the City Clerk’s ofice for two (2) years FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: t Cable Neuhaus 1106 Vintner Boulevard Palm Beach Gardens, Florida 33410 E-mail: cable@eableneuhaus.net Nobile: 561-906-5199 Wirehe: 561-622-6161 Summary of Professional Assets 0 0 0 0 Extensive experience in senior-level editorial positions at Time Inc., Primedia, and elsewhere Skillful and highly imaginative editor, writer, and organizer of projects and people Expert in all phases of magazine journalism, including design Expert in understandinghing mass media, popular culture, entertainment, and the Internet Exuerience and Accomplishments 2006- 2005-2006 2002-2003 2000-2001 NewsMax Media, Inc. Editorial Director 1 West Palm Beach Responsible for the development and positioning of NewsMax magazine, plus the overall editorial management of various other products produced by the company MediaPost Publications Contributing Writer and Columnist I New York City Writer of daily online column on mass media and popular culture, plus occasional pieces for the company’s Media magazine Primedia Inc. Editor-in-Chief, Folio: I New York City Successfully repositioned and relaunched a tired editorial product. Doubled newsstand draw, increased circulation, created buzz within key constituencies. Months following my arrival, Folio: had morphed from a sleepy title with low recognition into an industry must-read. (Additionally: Editor of Folio: First Day, the twice-weekly newsletter for magazine-industry leaders.) Time Inc. General Editor, Entertainment Weekly I New York City Promoted from the Los Angeles ofice to serve in New York as editor of EW Internet, a monthly magazine-style supplement, and to edit the weekly Internet section of the national edition of EW, which was notable for its exceptionally high reading scores during my tenure. Additionally: Writer of a weekly column in the national edition. 1990-2000 Time Inc. Bureau Chief, Entertainment Weekly I Los Angeles Responsible for the creation and management of the magazine’s principal editorial bureau; instrumental in the conceptualization and ongoing editorial development of the magazine, helping to guide it fiom a difficult launch to its position as the country’s undisputed No. 1 entertainment periodical (winner during my tenure of two National Magazine Awards for General Excellence); personally scored a number of important scoops; EWs chief spokesperson for a decade in the U.S. entertainment capital. 1988- 1990 Crosby Vandenburgh Group Editorial Director, Editor-in-Chief I Boston Responsible for the overall editorial direction and management of six national consumer magazines, plus day-to-day editor-in-chief duties of TV Entertainment (4.6 million circulation; contract-published), of which I was founding editor. (Note: TV Entertainment was later subsumed into TV Guide.) 1977-1988 Time Inc. Bureau Chief and Correspondent, People I Boston, Pittsburgh Managed a staff of fidl- and part-time correspondents in New England, Pittsburgh, and elsewhere in the U.S.; influenced the overall direction and editorial focus of the magazine; brought many exclusives to the magazine; traveled widely throughout the U.S. and Canada as a correspondent and spokesperson for People, which during my tenure won a National Magazine Award for General Excellence. 1977 University of Pennsylvania Editor, Almanac I Philadelphia Supervised the editorial staff that produced the university’s official weekly publication for the administration and faculty. 197 1 - 1977 Pennsylvania State University Instructor in Journalism I Wilkes-Barre Taught undergraduate courses in composition and journalism. 1970 The Daily Record Reporter and Staff Editor 1 Morris County, N.J. Handled police, civic, and general assignment beats. I. i Freelance 1965-2006 Contributing Editor; Editor at Large; Writer; Reporter; Consultant Among the publications: The Washington Post, Money, AARP The Magazine, Media Magazine, The Hufington Post, Justice, Pittsburgh Magazine, Discover, The Pittsburgher, Harper’s Weekly, Mother Jones, Big Builder, The Humanist, Pennsylvania Illustrated, New Jersey Suburban Life, plus an assortment of academic journals. Some published pieces syndicated in the U.S. and abroad. Books 2006 1981 1980 1978 1974 Movies Currently working on a small nonfiction book, Decency: A Modest Guide for Indecent Times “Adapting,” a chapter in American Renewal, Time Inc. “Letter for My Loved Ones (Who Perished),” final chapter in Living After the Holocaust: Reflections by Children of Survivors in America, Bloch Press A Lively Connection: Intimate Encounters with the Ethical Movement in America (editor), Ethica Press - The Press of the Ethical Culture Society of New York “Putting Together The Cat’s Pajamas,” chapter in Random Folio, Random House Scorned and Swindled, starring Peter Coyote, John Carradine, and Tuesday Weld, based on one of my magazine articles, CBS Television. (Note: Several other stories also optioned for films.) Awards 2003 L.J. Hortin Award for Significant Contributions to American Journalism, presented by the E.W. Scripps School of Journalism, Ohio University. (Note: In 2006 the E.W. Scripps School acquired my collected papers.) 1980 Golden Quill Award for Investigative Magazine Reporting, presented by the Pittsburgh Press Club 1975 Hayfield Award, presented by the student body to the Outstanding Faculty Member, Pennsylvania State University (Wilkes-Barre) Education Carnegie Mellon University Completed coursework toward doctorate in nonfiction writing Pennsylvania State University Master of Arts, Journalism Ohio University Bachelor of Science, Journalism (TV-Radio emphasis) Civic Orpanizations 2006-08 Appointed member of the Community Aesthetics Board, City of Palm Beach Gardens, Florida Media Amearances. Public Appearances, Citations Live and taped appearances on CBS Evening News, NBC Night& News, CNN, Good Morning America, CBS This Morning, Entertainment Tonight, The Insider, Inside Edition, E! Entertainment Television, American Journal, Court TV -- plus a diversity of other television and radio programs throughout North America and Europe Biographical entries in Who s Who in America and Who 's Who in Entertainment Scores of lectures and panel presentations on the topics of celebrity, journalism, and magazine-making Keynote speaker at the National Editorial Conference of the American Society of Business Press Editors, Washington, D.C., June 2003 Advisory board member, Portland Creative Conference, 1999 Quoted in The New York Times, USA Today, The Wall Street Journal, Los Angeles Times, GQ, Daily Variety, The Hollywood Reporter, Liz Smith's syndicated column, and scores of other publications -- plus an assortment of books SDecial Interests [Alphabetically] American business; art, architecture, and design; automobiles; branding; the Internet; journalisdmagazines; personal technology; popular culture and society; travel; the U.S. entertainment industry Application for City Advisory BoarcUCommittee Appointment PIcww iVofi,: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. Name: --I-? .it5fv~/kz I I 0'612 k% Home Address: --y J-, L) A bn t bTSD city:F 6 cT Zp:33.t.\&Iome Phone Number: &#j ,)7 l/ b?%$ Work Phone Number: 84 2 I ? s Years of Residency? (., E-mail address: 1 k!Mflt b&& Q-,O q9y2ya(-t.dT(y xt3 WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: Art in Public Places ttd\isor> Board P~ka :~IJ(I Hec~c;~tioi~ At11 isor? l3~;tt.d Econoittic De,elopntcnt Athiwr? R~ar*tl Pl;atning. Zoning & Agpeiils Uo;tt-d * (meets 3'd ?'ilc&j of citch month i1t 5:30 pm.) (mcets 1" thdnrsria! of rach month at 5:~ p,rn.) jrneet3 tttc 3"' tl~r~tlit! of' cilch month ;it 7:ttO piit.) (meet> the 3"' Thtir\di*! ctf ~rtch IltoItth ilt 8:30 iI.nl.) (meets the 4'h 'ThursdiI! of each nt(>nth :it 8:3O iLin.) (meets the 2"d :tnd 4"' TWS~;I>S of' eilctl month iit G:30 p.in.) (* Required to file '1 \tat cnien t of fin iinci A i 11 tcrc\t forrii) cf Cornmunit! Aesthetics Board R R 0 Butlgct Oversight C'ommiftee 0 If you have checked more than one box, which would be your: Are you currently serving on a palm Beach Gardens Board or Committee? ( ) Yes ( ~~ Which one@) Previous service on City Boards or Committees? ( ) Yes (4 Which one(s) Date@) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on county ~oards or Committees? ( Which one(@ Date(s) of Semce: 1" cllolcu ?"" Cllolie 1' j CIloicr ) Yes ( yes ( &NO rl . Are you able to attend: ( &@me ee . gs ( .Y/evening meetings t5Tc hwL m3&L Are you registered in the State of Florida? Are you licensed in the State of Florida: Another State: Do you possess a City of Palm Beach Gardens occupational license? dpc yv' 5 How long have you practiced the above profession? Preferred mailing address: ) Home ( ) Office 'X Could your occupation resent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes(pONo 1 Please explain: Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management 0 Urban planningldesign 0 Buildmg construction 0 Horticulture and landscaping & Youth or adult educator o 0 Attorney O Engineer 0 Real estate professional Landsurveyor 0 Banker Accountant o Other Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. Are you registered to vote in Palm Beach County? ( Have you participated in civic or community activities: Yes: ( XNo: ( es ( ) No w ) City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept on file in the City Clerk's oflce for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Board and Committee Notification Information Member Information: New Update x . Application for City Advisory Board/Committee Appointment f1eu.w ,Vote: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as provided by law. p) LJy- 2-00 / r . Name: JdSqhT cod- bc Zip: .3% / Home Phone Numb&' ) &dc @ys%ork Phone Number: Years of Residency? -1 /7 E-mail address: WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: Art in Public Places Advisory Romi (meet5 3rd I iir\daj of each nionth at 530 p.in.) (meets I" W'edncsday of each month at 590 pm.) Parks end Recreation Ad\ isor! Howd (meets thc jrd \loncl:i\ of each month at 7:W pm.) Economic I)cvclopnienc i\d\iwwy Hoard (nic.rt\ thc 3"' 'I hiirday of rdch month at 8:30 am.) (meet5 tlic 1"' I'hiirsday of each month 111 8:jO tun.) Planning, Zoning & Appeals tlorircl * (meets the 2'"' and (*Required to lilc a stateniciit ut' fiiianci:il interest forni) I/ 0 {'omniunit! Aesthetics Board 0 0 0 Budget O\crsight C'oiimittee 0 -I uesdrys of each niontli at 6:30 pin.) If you have checked mote than one box, which would be your: I 'I Choicc - 3"' Choice 3'' C'hoice Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( , Which one(s) Previous service on City Boards or Committecs? ( - ) Ycs ( do V Whlchone(s)L .__ Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee" ( Which one(s) Prcvious scrvicc on County Boards or Committees? ( ) Yes ( 4 Which one(s) Are you able to attend: ( ) daytime meetings ( 4evening meetings ) Yes ( 40 Date(s) of Service. ~ / Are you registered in the State of Flonda? 2" 5 Arc you licensed in the State of Florida: 8 s Another State: Anotha State: Do you possess a City of Palm Beach Gardens occupational license? /1/3 t low long havc you practiced the above profession? Preferred mailing address. ( &om ( Could your occupation pres Committee: ( )Yes( $t'? -2 '/ / '3 . ) Officc conflict of interest on any FuhJect matter discussed, reviewed or decided upon by the Board or 4 fvs&dal Bachgrountl (Please check the appropriate boxes) p' Visual. performing or literary arts. t r 0 Architect, Architecture designer, landscape designer I 0 Urban planningldesign I I 0 0 Building construction I 0 Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney Ensneer 0 Real estate profcssional 0 Land surveyor 0 Banker 0 Accountant 0 Other Arts and cultural mshtuhon management I Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PCJA C omdor Association I I I I By Code (Ordinance 17,2004), \onie Hoarcl4C oininittee4 hwe specific requirements for nirinberdiii) __- __ - - ~ - Educational Background: Institution Course of Study ._ ~. __ - - - - __ __ - - ._ ,I' Are you registcrcd to votc in Palm Beach County'! ( /"Yes ( ) No Have you pamcipated in CIVIC or community activities: Yes: ( ) No: ( 4 If yes, please explain. __ - ___. - _~-~ __._ .7 1 ubtand the duds, role and time commitment to the Boards or Committees to which I have applied Prior to submitting an application. you arc encouraged to attend one meeting Date aneaded: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens. FI 33410 (561) 799-4121 Applications will be kept onfile in the City Clerk j. offiefor IHV (2) j'vur.%. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Onentation Date: 05/28/2008 12: 04 5616240036 STEPH S MATHISON PA PAGE 02/02 Susan Tornabene 10125 Caoba Street Palm Beach Gardens, Florida 33410 (561) 625-0955 (561) 324-7780 Education: EmDlovment: 2/2005 - Present 10/2000 - 2/2005 6/1995 - 10/2003 711994 - 12/1995 10/1990 - 7/1993 5/1983 - 10/1990 Palm Beach Community College - AA Visual Arts, 1990 Lake Worth, Florida Stephen S. Mathison, Esq. Stephen S. Mathison, P,A. 5606 PGA Boulevard, Suite 21 1 Palm Beach Gardens, Florida 33418 Legal Assistant Hewitt & Smiley, P.A. 10625 N. Militsuy Trail Palm Beach Gardens, Florida 33410 Legal Assistant Transcription Services (Self-Employed) Medical Transcription Service (Psychology) I HMY Yachts (Michael Burke) PGA Boulevard Palm Beach Gardens, Florida 33410 Sales Assistant Jones Foster Johnston & Stubbs PA 505 S. Flagler Drive West Palm Beach, Florida 33401 Legal Assistant Scott Harris Bryan Barra & Jorgensen PA 4400 PGA Boulevard, Suite 900 Palm Beach Gardens, Florida 33410 Legal Assistant Personal: In addition to the above work experience, as an artist, I have designed restaurant menus, fashion illustration advertising, and business caxds/brochures. I have also participated in an elementary scliool volunteer art program. 05/30/2008 12: 36 .* i' Susan Tornabene 10125 Caoba Street Palm Beach Gardens, Florida 33410 Phone: 561-625-0955 Cell: 561-324-7780 May 30,2008 City Clerk Attn: Nina Nikolova, Planning Specialist 10500 N. Military Trail Palin Beach Gardens, FL 33410 Re: Art in Public Places - ApplicationLResume Dear Ms. Nikolova: In addition to the work experience listed on my resume previously forwarded to you, I have also had the opportunity to work in the following artistic venues: 1985 - 1986 Part-time independent sales in which I sold lithographs to individuals and various businesses (banks, restaurants), including assisting the buyer in hidher selection of matting and fiaines to complement their art purchase. 1989 Designed and decorated window displays at a couture boutique on Wortli Avenue in Palm Beach, Florida. 1990 - Free-lance designer of restaurant menus, fashion illustration advertisements, and business cardshrochures. 2005 Part-time salesperson for an art gallery which sold original modern-day oils, watercolors, giclees, and sculptures. I believe my love of the arts and interest in helping to bring art awareness through the wonderful, beautiful pieces we continue to see throughout the City of Palm Beach Gardens, would be an asset to the Art In Public Places Board. Thank you for your consideration. STEPH S MATHISON PA PAGE 02/02 Ap9licamn for City Advisory Board/Commitlee Appoimmenl I-- PICUW Ibrc: Pursuant to FS 1 19.07 the infomtion provided in this application is considered to be public record. except as provided by law. YearsOfReadency? 2- E-milll address M~ILL:I (r11 (& /+L~A'(~LL' /r,y . ( cl.q WInCH BOARD OR COMMITIEE ARE YOU APPLYING FOR XArt in Public Haem Ad~iwq Board (meets 3& Tu~.*tla~ of each montb at S:30 p.m.1 0 Community Amthetim bad (mwh I" WmInc-uia? of each month at Si30 pm.) 0 Park. and Recreation AdIirory Board (meets the 3d Ilanda? of each month at 7:OO pm.) 0 Ecoaomic Darlopmcat .4d,isor~ Bnard (meet\ thc 2*d Thuruda? of each month at 8:30 a.m.) 0 Bodget Chcnight Committee (mwh the 4" Tho4ay of evch month ut R:30 a.m.) U Planning, Lanimg dr 4ppcrh Borrd * (meets the Zd and 4* Tmerduj~ of each month at 6330 p.m.1 (*it ,~It%Fl ! :I! fi?E : 8 3' f f 'il Ill< 1 I? 111 TI b! I< 7 i ) If you have checked more than one box, which would be your I *' Choicc ?"' choice 3"' ('hotce Are you currently semng on a Palm Beach Gardens Board or Commttee'? ( WIuch one(s) Previous service on Citj Boards or CommIteesv ( Wluch onW __ ~ Date(s) of Sen ice ) Yes ( y) No ) Yes ( 1 No re you currently seMng on a Palm Beach County mor Committee? ( )yes ( Y) NO Which Ws) Rwiops seryice 011 County Boards or Committees? ( ) Yes (y) No Jp f -C r if&od Ba~kg~ad (PI- check the appo~na . te boxes) Vim4 performing or literary arts. P Ar€iut~~Architecturedesigner,hndscapede5igner al urbanpbnoung/design 0 Artsand~instiMilmrnanagement 0 Buildingconsauaim 0 Hor(idmandlandscaping 0 Youth or adult educator o Own/opmte a business in the City. 0 Member of Business Development Board North Palm Beach County Chamber of Commerce or FGA Corridor mation. B( Attorney 0- 0 Realcsta~p~fessional 0 Landsurveyor OBanka 0 Accountant 0 other 1 By Code (Ordinance 17,2004). some BosrddCommittem haw specific requirements for membership Educational Bmkgnmnd Didoma Demee or Certificate InStitutiOO Cwrseof study FLP Are you n?gistered lo vote in Palm Beach County? ( Have you participated in civic or community adivities: Yes: ( X ) No: ( Yes ( ) No >G df A@+ In ) mmitment to the Boards or Committees to which I have applied. . +I./"4- How did yoa learn abut the Board or Committee for which yoa hale applied: City'o Weh site: x Community Gromp: Ncwsprper (\peci@) City', direct mail Brochure: q&- Other: (\pcTify) / Prior to submiiting an qlication. you are encowwed ro arrend one meetinx Date attended: Please return the application and resume to City Clerk 10500 Norlb Military Trail PaimBeachGardensFl33410 (561) 7994121 FOR USE BY CITY OF PALM BEACH GARDENS ONLY Appointed to: Date of Appointment: Orieadation Date: FROM :KERNFlNDWOOLEY FFlX NO. :5618242761 May. 30 2008 12:01PM P 1 To: FJ-0111: Mark R. Giuliani, Esq. RE: Date: May 30,2008 Nina Nikolova, City of Palm Bcach Gardens, FL Additional Background Information - Application for Arts Advisory Board Thank you for your continued interest. My reccnt performing arts experience is in the form of organizing and conducting outdoor and indoor orchestral concerts for the public in Connecticut, the tri-state area and Florida, in connection with the City of New Haven, City of Stmlbrd, Town of Stonirigton, City of Point Pleasant, NJ and City of Tampa, Florida, ‘These evcnts havc bceii produced in collaboration with public entities and private foundations, including the New Haven Columbus Day Heritage Committee, Sergio Franchi Music Foundation, Knights of Colunibus Supreme Council and thc Tampa Music and Cultural Festival. T was also rounder of the Connccticut POPS Orchestra. In 2006, I made my New York City conducting debut with Orchestra of St. Lukc’s, at Alice Tully Hall, Lincoln Center. hi terms of other experience, I was involved with the Young Artists’ Philharmonic, Stamford, CT, and participated in filnd raising in connection with the Stamford Pink Tent Fcstival ofthe Arts, an outdoor arts festival featuring displays of visual arts, including paintings ‘and sculpture, as well as film, dance, theater and musical perfonnmces. T also enclose an abbreviated bio/resume. I am most interested in becoming involved in the promotion of the arts in this fine City. Kind regards, Mark R. Giuliani Mark R. Giuliani 11 32 Vintner Boulevard Palm Beach gardens, Ft 33410 mgiuliani@kernwoolv.com (561) 691-0704(horne) (860) 81 0-2401 (cell) OVERVIEW; (561 ) 776-5277(office) Conductor, arranger, composer (BMI), made Lincoln Center debut in November 2006. Conducted numerous performances of operatic and other works in regional concert halls, theaters and other performance venues, including the Shubert Theater, New Haven, CT; the Palace Theater, Stamford, CT; the Festival of the Atlantic, Orchestra of St. Peter by-the-Sea, Pt. Pleasant, NJ; the Sergio Franchi Music Foundation Annual Concert, Stonington, CT; the Milwaukee Festa Italiana; The Tampa Festa Italia. Arranger of Neapolitan, Italian and contemporary selections for recording and live performance. Composer of vocal and instrumental pieces. Principal instrument - trumpet; secondary instrument - piano. AFFILIATIONS/ASSOCIATIONS: Music Director/Arranger, Tenor, Roberto larussi (www.robertoiarussi.com) Assistant Conductor, The Chamber Orchestra of Hartford Founder/Music Director, Connecticut POPS Orchestra Orchestra of St. Peter by-the-Sea, Guest Conductor Former Music Director, Sergio Franchi Music Foundation The Licia Albanese-Puccini Foundation TEACHERS: Harold Farberman, The Conductors Institute Eduardo Nevaga, The Conductors Institute Thomas Carling Joseph Rescigno Donald Currier Raymond Cn'sara OTHER EXPERIENCE: Attorney, Kern & Wooley, LLP, Palm Beach Gardens, FL Former Commissioned Officer, US Army, US Air force c - R ,. FROM :KERNQNDWOOLEY FQX NO. :5618242761 May. 30 2008 12:01PM P 2 8 A " pmriouSserviCeonCityBoardsorGnnmittees? ( )Yes (d)No - aae(s) Date(s) of service: Ate you currently scruing on aPah Beach County Board or Committee? ( )Yes ( 4) No clld your ocapationpresent a conflict of interest on any subjectmatterdkmsd, &wed or decided upon by the Bond ar Committse: ( )Yea(X)No fii Areyon1.egisteredtovoteinPalmBeachCounty?( )Yes( NO H~Youp.rtrctprted m civic or dty activik Yes: ( J .. ) NO: ( ) Ifyes,pheXpbill: I undmaadtheduties,rok and time commitment to thew orCoaunitteest0 which Ibweapplied. How did you learn about the Boud or Committee for which pm have applied: City Clesk 10500 North Military Trail Paha Berch Gardene, FI 33410 (561) 7994121 Applicoriont will be kept onfrre in the City Clerk’s om fw hu~ (2) years. FOR USE BY ClTY OF PALM BEACH GARDENS ONLY T Application for City Advisory BoardCommittee Appointment b Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. Name: Dhu\p p i9Klii HomeAddress: [I kNrYk m. City: ypb! Zip: %Q[$ Home Phone Number: ( ) 44 "%$7 Work Phone Number: ( ) 6 9.4 -s(pd Years of Residency? 1 ?@ E-mail address: 'p ~Q~EK@. fQbE[w Irfi*bw WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: p3( Art in Public Places Advisory Board (generally meets Is' Monday of each month at 5:30 p.m.) 0 Community Aesthetics Board (meets 1'' Wednesday of each month at 530 p.m.) 0 Education Advisory Committee (meets the 2nd Wednesday of each month at 7:OO p.m.) 0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) G Budget Oversight Committee (generally meets twice a year during regular business hours.) 0 Planning, Zoning & Appeals Board * (meets the 2nd and 4'h Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 '' Choice 2nd Choice 3'd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one( s) Previous serviceE%~Ea2! CfZeks? ( Yes ( X, No Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( & Yes ( Previous service on Counfy Boards-or Committees? ( Which one(s) Date(s) of Service: Are you able to attend: ( What would you hope to accomplish by participating? ) Yes ( ) No I K, ) No Which one(s) WHODL BflAfZp &y45T(ru tTid bWW+T 4 &WW @rmw~mp ) Yes ()o No ) daytime meetings ()o evening meetings r,7-15-()/I pn\:4:; Ibfudhk .M ;hl VL@ G 17.v ~ fi r kt23vtz vsrcn, 7 rJ177-P MI m.4 / V bunu Are you registered in the State of Florida? yg$. Are you licensed in the State of Florida: 7 6 Another State: f@4, Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? Preferred mailing address: ( Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: (')()Yes ( NO Another State: ?@? . ImM (Ah@ [N WIIJW. r.0. C. $/N,@ ( 4 8 \ ) Home ()() Office Please explain: if Z fi~ ilM W(M JfK -, VMk M II l49t4lrPv T9 I?&!- bl Paw c r ‘essional Background (Please check the appropriate boxes) It Urban planning/design 0 0 Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Real estate professional 0 Landsurveyor 0 Banker 0 Accountant Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Building construction Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association. 0 Other I By Code (Ordinance 17,2004), some Boards/Committees have specific requirements for membership Educational Background: Didoma. Degree or Certificate Institution Course of Study eiAL).f. pj= Mmigw !?NlU, p flv. Are you registered to vote in Palm Beach County? (&Yes ( ) NO Have you participated in civic or community activities: Yes: ( fi No: ( ) If yes, please explain: tt-1sA. 6 V&Q commitment to the Boards or Committees to which I have applied. * How did you learn about the Board or Committee for which you have applied: City’s Web site: Community Group: Newpaper (specify) City’s direct mail Brochure: Other: (specify) mT r?B4w you are encouraged to attend one meeting Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept on file in the City Clerk’s ofice for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Application for City Ad\ isory Iloard ('ommittcc Appointment 4 Plrww ,\OIP: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record. except as provided by law. Name: A IFC Home Address: 13 :s&. i, \ c , n <W pk\ ; 1-1: c. 7- . City: PA~M &q('H cNt%kSZip: all0 Home Phone Number: (%I ) -Number: (k.r)3-1-3 c3C-5 Years of Residency:' I E-nlail address: dcv&bkuh. I w t c'c. {I WHICH BOARD OR COMMITTEE ARE. YOI,' APPLYING FOR: d Art in Public Places Advisory Board (generally nieets I" Monday of each month at 530 pm.) U Community Aesthetics Hoard (meet\ 1" \\cdnesday of each month at 5:30 p.m.) Cf Education Advisory Commit tee (meets the 2"" M'ednesday of each month at 7:OO p.m.) d Parks and Recreation Advisury Board (meet\ the 3"' Jlonday of each month at 7:OO p.m) Economic Development Advisory Board (meets the jrd Thurrda! of each nwnth at 8:30 a.m.) 0 Budget Oversight Committee (generally n~ts twice a year during regular business hours.) 0 Planning, Loning dt Appeals Board * (meets the 2'" and 4'" Tuesdays of each month at 6:30 p.m) (*Hqtiirrrl ~ri ti!c. :I d:ttviwiir (it' liiiancial intcrcbt forin) If you have checked more than one box, which would be your: 1" Choice PA G )(5 2*Id Choice A ?Id Choice-&&IiT)& pu Are you currently serving on a Palm Beach Gardcns Board or Comniittec? ( ) Yes ( >a So Which one( s) ~- Previous service on City Boards or Committees? ( ) Yes ( ) No Which one(s) Ihte(9) of Service Are you currently sewing on a Palm Beach County Board or Committee! ( Which one(s) ) Yes (g) No 7 - lyjy What would you hope to accomplish by participating? __ ~ - - ___- _. - _~ - - _- __ _- __ - __ ______ 3- __--- - - -- Present Employer _---uc ,< 4 Address: ~- __ - ~ - - - - ____ Profession: _ Position: - &% C\L _ ~ ~~ ___- Another Stare. Anothrr Stair +- Are you registered in the State of Flonda? Arc you liccnscd in the State of Florida. !$I&Q Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the aboke profession.' +-.- -~- Preferred mailing address: ( /' ) Home ( ) Office C'ould your occupation prese Committee: ( )Yes( VRO" conflict of interest on any subject matter discussed, reciewed or decided upon by the Board or Please explain. - _ __ ,~ksihal Background (Please clleck the appropriate boxes) i c 0 Visual, performing or literary arts. 0 ,Architect. Architecture designer, landscape designer 0 urban planning/design P Arts and cultural institution management Building construction 0 Horticulture and landscaping 0 Youth or adult educator u Owdoperate a business in the City. P Menikr of Business Developineiit Board, North Palin Reach ('ounry Chamber of Conunerce or PGA Corridor Association. Attorney 0 Engineer 3' Real estate professional 3 Land surveyor J Banker P Accountant By Code (Ordinance 17.2004). sonle Boartlr/Conimittec\ habe \pecilic requiremenrs for niemhenhip 1 Are you registered to vote in Palm Beach County? ( /lies ( llave you participated in civic or community activities: Ycs: ( 1 No ) No: ( /< ____ -~ ~- If yes, please explain: - _. I understand the duties. role and time commitment to the Boards or Committees to which I have applied. c- - - _______ tt?- 3') ~____ SL.*C,'/ Date How did \ou learn about the Board or ('nmmitfee tnr which you habe applied: C'itj'$ Web site: Community Group: Yew spaper (specif) ) Citj's direct mail Brochure: Other: (apecily) L./L.$, b,> Prior to submitting an application. you arc encouraged to cittend one mceting Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens. Fl 33410 (561) 799-4121 Applicntions will he kept on file in :he C'ig Clerk 'J o[jke,for two 12) yeor-v. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: ____ Appointed to: Date of Appointment: OnentationDate: __ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 28,2008 Meeting Date:June 19, 2008 Resolution: 47, 2008 SubjecVAgenda Item: Resolution 47, 2008 provides for the appointment of members to the Parks and Recreation Advisory Board [ X ] Recommendation to APPROVE 11 Recommendation to DENY Finance Administrator NlA Submitted by: Charlotte Presens Recreation Director Staff Liaison Department Director Approved by: City Manahr Originating Dept.: Community Services Recreation Division Advertised: Date: May 9, 2008 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [ ] Not required , costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 47, 2008 Attendance Records Applications with staff cover memo Date Prepared: May 28,2008 Meeting Date: June 19,2008 Resolution 47, 2008 BACKGROUND: Resolution 145, 2005 appointed members to the Parks and Recreation Advisory Board. The purpose, powers and duties of this advisory board is to serve as advocates for the citizens by conducting constructive investigation, discussion, and review; providing advice to the Community Services Department, City Manager and City Council with a broad outlook forward improving present recreational facilities and increasing utilization of the facilities by the public; and evaluation and recommendation future community needs for recreational projects and facilities. As per Section2-86 vacancies in the board or committee membership shall be filled by appointment of an alternate member by the City Council for the unexpired term of the member affected. We have one (1) alternate member being appointed as a regular member filling the unexpired term through October 1, 2008. The attendance records for the current member and a list of qualified applicants is attached for review and consideration. W i I I ia m Son nen reic h Mr. Sonnenreich has indicated his interest in being appointed as a regular member move from I" alternate to Regular Member Vacancies: 1 st alternate expiring October 1, 2008 2nd alternate expiring October 1, 2008 The current applications on file are attached. Each applicant has been contacted and is interested in serving. Staff published notices of the vacancies at City Hall, on the city website, and in a publication of general circulation. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 47, 2008, approving appointment of regular member (s) and alternate member (s), to be determined by the City Council, to the Parks and Recreation Advisory Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 47,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OFREGULARANDALTERNATEMEMBERSTOTHEPARKSAND RECREATION ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be comprised of seven (7) regular members and two (2) alternate members; and WHEREAS, notice of vacancies has been posted at City Hall, on the City website, and published in a publication of general circulation; and WHEREAS, the City Clerk has compiled a list of all interested persons who wish to serve as members of the Board, including current members who seek reappointment, with their attendance and voting records, which is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointments of the following individuals as regular and alternate members to the Parks and Recreation Advisory Board: Req u I ar Member William Sonnenreich Term October 1, 2008 Alternate Member Vacant Vacant Term October 1, 2008 October 1, 2008 - SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 28, 2008 Date Prepared: May 28, 2008 Resolution 47, 2008 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTiONS\appointment - rab members - reso 47 2008.docx 2 Date Prepared: May 28, 2008 Resolution 47, 2008 EXHIBIT A CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor/Council DATE: June 2,2008 FROM: Patricia Snider, City Clerk fj I SUBJECT: Advisorv Board/Committee Appointments I As per the staff report attached, Section 2-86 - Procedures for appointment and filling vacancies for membership of boards and committees shall be made at a regular city council meeting in accordance with the following procedures: 1. The City Clerk shall place on the council agenda the list of volunteers, including current members who seek appointment. 2. The attendance and voting records will be provided for current members. 3. The City Council may interview board and committee members who desire reappointment and volunteers from the City Clerk’s list. 4. The City Council shall, in public session, select the person(s) needed to fill such vacancy. Attached are the applications currently on file. These include any current members that have expressed an interest in maintaining their appointment. Please let me know if you have any questions. cc: Ron Ferris, City Manager R. Max Lohman, Interim City Attorney Allan Owens, Staff Liaison Kara Irwin, Staff Liaison Charlotte Presensky, Staff Liaison I U "1 t E CITY OF PALM BEACH GARDENS MEMORANDUM TO: Patricia Snider, City Clerk DATE: May 28,2008 FROM: SUBJECT: Charlotte Presensky, Recreation Director ’@’ Parks and Recreation Advisory Board Attached are the applications on file for the Parks and Recreation Advisory Board. We have contacted each of the applicants via telephone and received verbal authorization to resubmit their application. The applicants are as follows: *William Sonnenreich Howard Nass William Olsen Jim Amsler Scott Smith appointment from 1 st alternate to Regular Member *Denotes current member Application for City Advisory BoardCommittee Appointment Please Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be Dublic record. exceDt as provided by law. lr" -' &%'ork Phone Numberszl) 7 766 735-5- Name: kl cL/iM Home Address: City: /3 7 Zip: j(f1fHome Phone Numbera 1 Years of Resideicy? E-mail address: WHICH BOARD OR COMMImEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (generally meets 1'' Monday of each month at 530 pm.) 0 Community Aesthetics Board (meets 1" Wednesday of each month at 530 p.m.) @ Education Advisory Committee (meets the 2nd Wednesday of each month at 7:OO p.m.) 6 Parks and Recreation Advisory Board (meets the 3'd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3'd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) 0 Planning, Zoning & Appeals Board * (meets the 2"d and 4'b Tuesdays of each month at 6:30 pm.) (*Required to file a statement of financial interest form) If you hav he ed more than o box wh' h would be your: 1" Choicti 8q 2nd Choickd t Are you currently serving on a Palm Beach Gardens Board or Committee? ( Choice ) Yes Which one(s) Previous service on City Boards or Committees? ( ) Yes ( 40 Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( ) Yes ( ) No Which one(s) Date(s) of Service: Are you able to attend:M daytime meetings ( ding meetings ) Yes ( Are you registered in the State of Florida? ,yt*..) Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gar ens occupational license? How long have you practiced the above profession? Another State: Another State: /4 yo 4k-5 F Preferred mailing address: ( Could your occupation Committee: ( )Yes ( conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or *BZessioial Background (Please check the appropriate boxes) 0 0 0 Urban planning/design 0 0 Building construction 0 Horticulture and landscaping d Youth or adult educator 0 0 0 Attorney R Engineer 0 Real estate professional 0 Land surveyor 0 Banker Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management I,& Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. r ~~ I By Code (Ordinance 17,2004), some BoarddCommittees have specific requiredents for membership Educational Background: Diploma. Deeree or Certificate Institution Course of Study 6&76 Are you registered to vote in Palm Beach County? / )Yes ( ) No Have you participated in civic or community activities: Yes: ( ) No: ( If yes, please explain: / s, role and time co ent to the Boards or Committees to which I have applied. How did you learn about the Board or Committee for which you have applied: 1 City’s Web site: Community Gro p: Newspaper (specify) City’s direct mail Brochure: Other: (specify) Prior to submitting an application, you are encouraged to attend one meeting. Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F1334 10 (561) 799-4121 Applications will be kept onjle in the City Clerk’s o@ce for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: ....e..... William F. Sonnenreich Professional Background William F. Sonnenreich, CPCU, CLU, ChFC, AEP, is an Adjunct Professor of Finance. Mr. Sonnenreich graduated Franklin and Marshall College (BA) and New York University Graduate School of Business (MBA, 1958). He received his Chartered Life Underwriter (CLU) designation in 1961, his Chartered Property Casualty Underwriter (CPCV) designation in 1980, and his Chartered Financial Consultant (ChFC) designation in 1993 and became an Accredited Estate Planner (AEP) in 1995. Mr. Sonnenreich is a member of the Million Dollar Round Table (MDRT), and has been for over twenty years. He is also a member of the New York Chapter CLU and the Estate Planning Council of New York City. He is a principal of Aronson & Co., a 111 service property casualty insurance brokerage and is President and Chief Executive Officer of Median Agency, Inc., which specializes in life insurance and employee benefits. Mr. Sonnenreich has also been involved in other businesses. He was President of High Point Investment Associates, Inc., a Massachusetts corporation, which invested in real estate and venture capital situations. During his multi-faceted career, he also owned and operated a children’s camp. 5 North Village Avenue, P.O. Box 708 = Rockville Centre, New York 11571- 0708 Tel5 16-678-6565 = Fax 516-678-5340 s e-mail: billsonnenreich@aronsoninc.com B40.3174 B40.3313 B40.3181 FINANCE DEPARTMENT Fall Semester Special Courses We 530-7:15 I Corporate Cash Management Kenneth Parkinson This is a half-semester course on the techniques of corporate cash management. Mr. Parkinson is president of the international consulting firm Treasury Communications, and is editor-in-chief of the Journal of Cash Management. TU 5:30-7:15 Risk and Insurance William F. Sonnenreich This course looks broadly at the issues for firms in managing various kinds of insurance activities. Mr. Sonnenreich, a CPCU and CLU, is one of the leading insurance professionals in the northeast. He is president of his own firm Median Agency, is associated with Aronson & Co., and does additional work on new venture opportunities. TU 7:15-9:10 I Applications of Portfolio Theory: The Quest for Corporate Democracy Edward V. Regan The course (by New York State Controller Regan, sole Trustee of the New York pension fund) will trace the role of owner-shareholders of large U.S. corporations. Their general passivity, and therefore the theoretical lack of accountability of management---as contrasted to non-U.S. firms---is thought to erode our competitiveness. The disciplining effect of takeovers, and the debilitating effect of short-term trading will be analyzed. The rise of the “new ownership”, mainly large pension funds, will be discussed. Please note that the prerequisites listed in the catalog for B40.3181 are wrong. The only prerequisite for any section of this course is B07.2612. New York University Stern School of BusinessGraduate Division Application for City Advisory BoardlCommittee Appointment ; Please Note: F'ursuant to FS I 19.07 the information provided in this application is considered to be public record, except as provided by law. city: PQ G> Zip: 337/(2 Home Phone Number: (scb &2-33C Work Phone Nuinber: ( ) ~earsof~esidency? 31 E-mail address: WHICH BOARD OR COMMIlTEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (meets 3* Tuesday of each month at 5:30 p.m.) 0 Community Aesthetics Board (meets lM Wednesday of eaeb month at 5:30 p.m.) 4 Parks and Recreation Advisory Board (meets the 3* Monday of each month at 7:O p.m.) 0 Economic Development Advisory Board (meets the Zd Thudry of each month at 8:30 a.m.) D Budget Oversight Committee (meets the 4" Thursday of each month at 8:30 a.m.) 0 Planning, Zoning & Appeals Board (meets the Zd and 4* Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial intrrest form) If you have checked more than one box, which would be your: I" Choice 2"' Choice 3"' Choice Are you currently sewing on a Palm Beach Gardens Board or CommiItee? ( Which one(s) Previous service on City Boards or Committees? ( Wch one@) 8 &. Date(s) of Service: lgd~ - 2007 Arc you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( x) No ) Yes ( ) No ) Yes (!( ) No Which one@) haious service on County Boards or Committees? ( Which on@) Date(s) of Service: Are you able to attend: ( ) Yes ( ) No ) daytime meetings (x ) evening meetings Present Employer: lxLhQ<Q Address: Profession: Position: re you regislered in the state of Florida? Po Are you licensed in the State of Florida: 0 i' Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? Preferredmailiigacbdress: ( )Home ( )Onice Could your occupation prcsent a conflict of interest on any subject matter discussed, reviewed or decided upon bv thc Board or Coinrnittee: ( Please explain: Another State: Another Statc: 0 A )Yes ( ).) NO fessional Background (Please check the appropriate boxes) 0 P 0 0 0 0 P 0 0 0 P 0 0 0 Visual, performing or literary arts. a Ad&&, Archit& designer, landscape designer Arts and culhual institution management Building conshuction Horticulture and landscaping Youth or adult educator Moperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commcnx: or PGA Corridor Association. Attorney Engineer Real estate professional Land surveyor Banker Accountant urbanplanning/design 0 Other By Code (Ordinance 17,2004 some BoarddCommittces have specific requirements for membership Educational Background: Didoma Decree or Cert~ficate Indtution course of studv BY. \If? Gh. h1LI t I - I - 7- t Are you registered to vote in Palm Beach County? ( %Yes ( ) No Have you participated in civic or community activities: Yes: ( $No: ( ) I understand the duties, role and time commitment to the Boards or Committees to which I have applied. How did you learn ahout the Board or Committee for which you haw rpplicd: City’s Web site: Community Group: I/ Newspalw (specify) __ City’s direct mail Brochure: - Other: (specify) Prior to submiiting an ap@xziion. io aitend one meeting ++----- Date attended: Please return the application and resume to: City Clcrk 10500 North Military Trail Palm Bmch Gardens, R 33410 (561) 7994121 FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to Date of Appointmcnt: Orientation Date: Application for City Advisory BoardKommittee Appointment 'c Plmw \OW Pursuant to FS I 19.07 the information provided in this application is considered to be public record, except as provided by law. 1 Name: fz,,,, AWJ-LLR Home Address: 33rb /$,.,e* UZCL /le. City: PRd Zip: ?3ff18 Home PhoneNumber: (761) 6 L?-S-O3L/ Work PhoneNumber: (~di) kW-2L/33 Years of Residency? 2 3 E-mail address: JRA~~JL(/Z,~C~ T &! ykldoc. LO.% WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: u Art in I'iiblic 1'l;ices Ad.cisory hird (meets 3"' '1 uesd;q of each nionth lit 5:3O pin.) U Comm uiii t) Aesthetics Bo;i rd (meets f't \Vectnewl;ij of e;ich month at 5:30 p.in.) kf l'tirlrs and Recreation Advisory Third (meets the 3"' blond:tj of each mouth at 7:OO pin.) U Econoinic Uevelopnienl Ad\ isor) Board (incets the 3'" Thur~stlay of each moiith :it 8:30 a.m.) U Ihidget Oversight Committee (meets the .Ilk 'Iiiursda~ of each month at 8:30 a.m.) 0 Planning. Zoning C! Appe:ils Board * (meets the 2"" and 4"' 'I'tIesdil?s of each month at 6:30 p.ni.) ("Ret~iiireti io fifc :I .;t:ttutnc'tit tir Gn;tnci;il inture4f forin) If you have checked more than one box, which would be your. >Ill I ' C'hUlCC 2"" C'llOlCC ('holcz Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( /) No Which one(s) Previous service on City Boards or Committees? [ ) Yes [ J) No Which one(s) bat,<,> of Service: Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( ./) No Which one(s) Previous service on County Boards or Committees? ( ) Yes ( k/) No Which one(s) Date(s) of Service: Are you able to attend: ( What would you hope to accomplish by participating? ) daytime meetings ( J) evening meetings Mt-Lr ;-KIM€ p46 TMC- ~t '$7- PL/-1Cj 70 r.tvq. Present Employer: AdL r: iAlva"LoP€ Address: lI1o 53 en CT. S wPA CL 23~07 Profession: pR zAI,rc,,,l; Position: o,,~ ~RRTGOLJJ CO c R Qy &J TOR Are you registered in the State of Florida? yt< Are you licensed in the State of Florida: Y&r Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? i YL Preferred mailing address: ( ./) Home ( ) Office Another State: Another State: n/o YC#QS Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ( J) No Please explain: * '. r LI 0 0 Urban planning/design 0 Gif Building construction Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney 0 Engineer U Real estate professional 0 Land surveyor 0 Banker Accountant 0 Other Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. 131 C'otlc (0rtiin;ince 17, 2001), soinc t~onrcis/('OiiiiniItces li:i\c spccitic requirenirnts for niemlrcrship Educational Background: Diploma, Degree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? ( /)Yes ( ) No Have you participated in civic or community activities: Yes: ( d) No: ( ) Ifyes, please explain: 7- &ALL Ln c I-/ 1 understand the duties, role and time commitment to the Boards or Committees to which I have applied. -?M&/ P&d Signature 2- 26.- 0 y Date City's Web site: Coniniunity <;roup: Newspaper (specify) City's direct iiiaii Brochure: Other: (specify) -db fi LA Prior to submitting an application, you are encouraged to attend one meeting Ihte attci1tled: 2 . 25 - o Please return the application and resume to: City Clerk I0500 North Military Trail Palm Beach Gardens, FI 33410 (561) 799-4121 Applications will be kept on file in the City Clerk's office for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Jim Amsler 3318 Pine Hill Tr. Palm Beach Gardens, FL 33418 Phone: 561-574-6934 E - Mail: jaableprint@vahoo.com PROFESSIONAL EXPERIENCE 10/06 - Present Operations Coordina tor Able Envelope, West Palm Beach, FL 0 0 0 Wrote up new jobs 0 Reconcile bank statements Accounts Payable - over $400,000 in costs of goods sold and expenses Accounts Receivable - over $600,000 in sales with a 100% collection rate Invoicing - 2,000 invoices a year, shipping and receiving Payroll for 5 employees, 941 taxes of $4,000 a month Implemented ordering system saving the company $3,000 a month 06/06 - 10/06 Human Resource Temp Center for Family Services, West Palm Beach, FL 0 Reports for reimbursements of almost $150,000 a month 0 Accounts Payable - for 7 offices, 1 shelter housing 15 families 0 Time Entry for payroll for 70 employees 0 Employee file management for existing employees and new hires 04/05 - 10106 Account Manager McCarten & Associates, Palm Beach, FL 0 Started accounting system from scratch using QuickBooks 0 Entered all past receipts and invoices from previous 2 years 0 Customized the numbering system, filing system, invoicing system. 0 1 /05 - 03/06 Bookkeeper Vogell Marine, Palm Beach Gardens, FL 0 Accounts Payable - over $200,000 in costs of goods sold and expenses 0 Accounts Receivable - Over $500,000 in sales with 100% collection rate Payroll for 12 - 15 employees, 941 taxes of $6,000 a Month Reconciled bank statements 0 Implemented system of getting crews to job sites 30 minutes earlier each day Education: 0 01/05 - Present Florida Atlantic University Jupiter, FL Bachelors Business Management Expected Graduation - December 2007 01/04 - 01/05 Accounting Palm Beach Community College Palm Beach Gardens, FL U Application for City Advisory BoardKomrnittee Appointment P/eu.ve Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as WHICH BOARD OR COMMI'ITEE ARE YOU APPLYING FOR: Cq 31i;f - rPP/ 0 Art in Puhllc Places Advisory Board (meets jrJ 'l'uesday of each month at 530 p.m.) 0 Community Aesthetics Board (meets I" Wcclnesday of each month at 5:30 p.ni.) (meets the Yd klunday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the Jrd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (meets the 41h lhursday of each month at H:3O a.m.) 0 Planning, Zoning & Appeals Board * (meets the 2"d and 41h Tuesdays of each month at 6:30 p.m.) (*Hrquirrd to file ;I \t;itrment of fin;inri:il intcre9t form) =Parks and Recreation Advisory Board If you have checked more than one box, which would be your: I" Choice 2"" Choice 3"' ('twice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(s) Previous service on city BOU~ or Committees? ( Yes NO Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes&o Which one(s) Previous service on County Boards or Committees? ( Which one(s) Date(s) of Service: Are you able to attend:'bq/daytipe qeetings &$evening meetings (G// h hni) ) Yes i>b No ) YeKNo Are you licensed in the State of Florida: 'F-C Do you possess a City of Palm Beach Gardens occupational license? Nk fi'/$ Rc Another State: dd How long have you practiced the above profession? &4i3 Preferred mailing address: &ome ( ) Office Could your occupatio pres t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or committee: ( )Yes&$o Please explain: -f' l& CjA bid, 413. /(leu fi /f? OcL/z-. "f' b'Y c;mfjllCkd cu+ oe cy 7Mjfi ck2/n, . t- -1 C r fesslonal Background (Please check the appropriate boxes) 0 Visual, performing or literary arts. 0 Architect, Architecture designer, landscape designer 0 Urban planningldesign 0 Arts and cultural institution management 0 Building construction 0 Horticulture and landscaping 0 Youth or adult educator 0 Ownloperate a business in the City. 0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. Attorney 0 Engineer 0 Real estate professional 0 Landsurveyor 0 Banker 0 Accountant 0 Other L By Code (Ordinance 17,2004), some BoarddCommittees have specilk requirements for membership Educational Background: Didoma. Degree or Certificate Institution , Course ofstudy Community Group: .___ Newspaper (specify) .- City's direct mail Drochurc: Other: (ppecify ) Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, FI 334 IO (561) 799-4121 Applications will he kept on file in the City Clerk's oficefor two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Orientation Date' - Date of Appointment: lRlAL LAWVtPS LLP SCOTT B. SMITH (5hl) 820 2223 A?TOKNEY AT LAW / /\< pIlmhc.iihI in lorn- \\rnilh@pilmh~aLh]~~ ct,m I 100 h54 2024 ''I \\ 11 I ('1541 4?h ?IO% I N dAr& t <rtcrt Fax (561j832 2932 i''ol '1 ,I > Y 1l1,rl~r Ibli. Wt., ?,Iln hac), rL llJol AlTORNEYS MARC1 FUENTES BALL MARK W. CLARK, P.A. DONALD R. FOUNTAIN, P.A TODD FRONRATH BARRY N. HEISLER. II' GREGORY P. HUBER LANCE C. IVEY DARLA L. KEEN" W. HAMPTON KEEN NANCY LA VISTA JULIE H. L1TTKY.RUBIN LAKE LYTAL.JR.. PA. LAKE H. LYTAL. 111 DAVID C. PRATHER JOSEPH J. REITER. P.A.'" KEVIN C. SMITH SCOTT B. SMITH WILLIAM S:WILLIAMS. P.A. GREGORY T ZELE"' Ah dmllvd (a M.q,hd t Ab. dmfrvd m I(nr#d# Ab dmilrrd !I Nrv Yod PARALEGALS ROBERT BRADSHAW VICKI BROWN LAWRENCE CORDON W. JAMES KEELEY TERESA KRELLNER NELSON R. LOPEZ JENNIFER 8. SAWTELL Our Commitment: JAMES E. WILLIAMS TheJustice Tou Deserve. The Intejrity You Expect. CHIEF INVESTIGATOR MARTY KERNER. M.S. (561) 820-2223 NURSE PARALEGALS ROXANN BILLINGSLEA, R.N., B.S.N. CYNTHIA MAZZUTQ R.N. PATTI K. SPAETH. R.N. KATHERINE A. SPANGLER, R.N., M.S June 26,2006 City Clerk of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Opening on Palm Beach Gardens Parks and Recreation Advisory Board Dear SirMaclam: My name is Scott Smith and I greatly desire to serve the citizens of Palm Beach Gardens as a member of the City's Parks and Recreation Advisory Board. My wife and I, along with our two children, are residents of Palm Beach Gardens, and have been for the past three years. It is our intention to raise our children in this great city and have them participate in the many activities that are organized and sponsored by the City of Palm Beach Gardens. As such, it is my desire to join the Parks and Recreation Advisory Board to continue the tremendous work that has already been achieved by the City and try to foster positive growth with fbture Parks and Recreation projects . I have enclosed the completed Application for City Advisory BoardCommittee Appointment and I have also enclosed my resume. I respectfully request the City of Palm Beach Gardens strongly consider my application and place me on the Parks and Recreation Advisory Board. to this matter is greatly appreciated. Northbridge Center 10th Floor 515 N. Iqagler Drive West Palm Beach. FL 33401 're1 (561) 655-1990 ,,I, u,... ,,,:e ,,,-,.. n-1- D.--l. r?,--:.l- .,-An., ",lrP - (on,,\ Pi" -,,<,,e - <. . 7 I. ,rr.\ A*\.. .,., ,. I. ,-"-\ -~.. Scott Bryant Smith 165 Sedona Way Mirabella at Mirasol Palm Beach Gardens, FL 33418 (561) 625-4393 E-mail: - PERSONAL: 0 0 Born in Clearwater, FL on September 14, 1972. Married to Monica “Molly” Rooney-Smith. Married on February 9,2002. Two children, fiaternal twins. Sandra Patricia Smith and Tucker Francis Smith (born on June 20,2006). Two yellow labrador retrievers, Homer and Guinness. 0 0 EDUCATION: 0 Cardinal Newman High School, West Palm Beach, FL, 1987 - 1990 The Benjamin School, North Palm Beach, FL, 1990 - 1 991 United State Air Force Academy, USAFA, CO, 1991 - 1992 Florida State University, Tallahassee, FL, B.S., 1993- 1995 Florida State College of Law, Tallahassee, FL, J.D. 1995 - 1998 0 0 0 0 PROFESSIONAL EXPERIENCE: 0 Assistant State Attorney, 19” Judicial Circuit, Martin County, FL, 1998 - 1999 0 Prosecuted misdemeanor crimes for the State Attorney’s Office for the 19” Judicial Circuit of Florida. Tried over twenty jury and non-jury trials to verdict. Handled prosecution of cases form intake through final resolution. 0 Associate Attorney at Lytal, Reiter, Clark, Fountain & Williams, LLP, 1999 - Civil trial attorney. Large majority of practice is dedicated to personal Present 0 injury, wrongful death and products liability claims. Have handled hundreds of cases from date of loss through resolution whether by settlement or verdict. LEGAL LICENCES: 0 0 The Florida Bar, 1998 - Present United States District Court, Southern District of Florida, 2001 - Present United States District Court, Middle District of Florida, 2001 - Present United States District Court, Northern District of Florida, 2001 - Present United States Court of Appeals for the Eleventh Circuit, 2001 - Present 0 0 ". ASSOCIATIONS : The Florida Bar Palm Beach County Bar Association Palm Beach County Trial Lawyers Association American Bar Association Association of Trial Lawyers of America Academy of Florida Trial Lawyers Southern Trial Lawyers Association East Coast Basketball Officials Association LEADERSHIP: 0 Past Secretary, Chair-Elect and Chairperson of the Young Lawyers Section of the Past Secretary of East Coast Basketball Oficials Association (2002 - 2004) Board of Directors, Academy of Florida Trial Lawyers (June, 2006 - Present) Academy of Florida Trial Lawyers (2003 - 2006) 0 0 MISCELLANEOUS: Received appointments to U.S. Military Academy and U.S. Air Force Academy Attended U.S. Air Force Academy from 1991 - 1992 before injuring lower back playing varsity intercollegiate football for the Air Force Academy Member of the ECBOA as a junior varsity and varsity high school basketball official Currently a member of the Palm Beach County Golf Association, Florida State Golf Association and United States Golf Association Junior Member (under 40) of Bear Lakes County Club in West Palm Beach, FL Completed half-marathon in Rock-N-Roll Marathon in San Diego, CA in 2004 Assisted coaching (part-time) Benjamin School baseball team for 2006 season Brother, Ryan Smith, is Assistant Dean of Students, assistant football coach and head baseball manager at The Benjamin School Former Palm Beach Post Small Schools Defensive Football Player of the Year for 1990 season (long time ago and a few lbs. added since!) I c Application for City Advisory BoardCommittee Appointment L /J/ww .%)re: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as Home Address: WHICH BOARD OR COMMITTEE ARE YOU APPLYING FO Years of Residency? -- . - 0 Art in t'ohlic f'laccs Aelvisory Board (meets 3'd 'I'trestlay of erich rnoiirh :it 5:30 pm.) 0 Community Aesthetics Hoard (ineets I" Wedoesday of each month at 5:JO pm.) .'. Parks and Recrention Advisory Board (merts the 31d Monday of each nionth at 7:OO p.ni.) 0 Ecoiiomic 1)evclopment Advisory Hoard (meels the 3'' 'I'hiirsclay of each mouth sit 8:3O nm.) 0 Budget Oversight Chninittce (meets the 4"' Thursday of cach nionth at 8:30 a.m.) U I'lanniiig, Zoniiig & Appeals Borird * (meets the 2"" iincl 4Ih 'I'uescleys of each month at 650 pm.) (*Hequirrd to file a statenierrt of finaricinl interest form) If you have checked more than one box, which would be your: 1'' Choice 7"" Choice Y' Ctioice Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( /)No Which one(s) Previous service on Ciry Boards or Committees? ( ) Yes ( ) No Which one($ Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previou: service cn County Boards or Committees? ( ) Yes ( ) No Which one(s) Date(s) of Service: Are you able to attend: ( 4 daytime meetings (J ) evening meetings r-7 ) Yes ( J )No Present Employer: 3e\ Address: _3.\ I I Are you registered in the State of Florida? Fs Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? E)* How long have you practiced the above profession? Preferred mailing address: ( J) Home ( ) Office Another State: Another State: +- -_ -_ 40 vuf 5 Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )yes( \/,NO Please explain: 1 r ~~~ ~ cssional R:ickgrouiid (Please check the appropriate boxes) 0 Visual, performing or literary arts. 0 Architect, Architecture designer, landscape designer 0 Urban planning/design 0 Arts and cultural institution management 0 Building construction 0 Horticulture and landscaping P Youth or adult educator a a 0 Attorney 0 EnL' weer a Real estate professional 0 Land surveyor Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. Are you registered to vote in Palm Beach County? ( dyes ( Have you participated in civic or community activities: Yes: ( ) No ) No: (/ ) If yes, please explain: - _. ____ -. . - J commitment to the Boards or Comn$ttqes to which 1 have applied. ( Signature Date Ilow did you learn about tlir Board or Committee fnr which you have applied: ('its's \5'& site: Commiinity Group: Ncwspayer (specify) City's direct mail Brochure: Otlie r : (s pcri fy ) Prior to submitting an application, you are encouraged to attend one meeting Lhte attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, FI 33410 (561) 799-4121 Applications will be kept on file in the City Clerk's office for two (2) years. D FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: P P r' 1 Application for City Advisory BoarcUCommittee Appointment Please Nore: Pursuant to FS 1 19.07 the information provided in this >n ;s considered to be public record, except as provided by law. Years of Residency? '3 E-mail address: ele&~~cJa~~ ic, .ne? WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: Art in Public Places Advisory Board (generally meets lst Monday of each month at 530 pm.) 0 Community Aesthetics Board (meets lst Wednesday of each month at 530 pm.) 0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO pm.) Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) Planning, Zoning & Appeals Board * (meets the 2"d and 4th Tuesdays of each month at 630 p.m.) (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 Choice 2"d Choice 3rd Choice Are you currently serving on a Palm Beach Gardens Board or Committee'? ( ) Yes w) No Which one(s) Previous service on City Boards or Committees? ( ) Yes ( ) No Date(s) of Service: Which one(s) -~ Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes (X) No Which one(s) Previous service on County Boards or Committees'? ( ) Yes ( ) NO Which one(s) Date(s) of Service: Are you able to attend: ( What would you hope to accomplish by participating? ImqfBQ*Mt_c4S .SQU!. r. ) daytime meetings (50 evening meetings L. WLLL.A 0Sri-e 3.h Ci4-7 w& Ghu Jrg, c~tn4.r or 9ssty Qd 7 A=. qc L. 33909 Position: LbX Ta r Are you registered in the State of Florida? y Another State: Are you licensed in the State of Florida: \ F Another State: ~ __ Do you possess a City of Palm Beach Gardens occupational license? -.No How long have you practiced the above profession'? ~ . . . I2-.lff++?GL Preferred mailing address: (F Home ( Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board 01 Committee: ( )YesM NO Please explain: - . . . . . - ) Office ~. c . ~~~ 3- ' krofessional Background (Please check the appropriate boxes) o 0 0 Urban planrinddesign 0 0 Building construction 0 Horticulture and landscaping j4, Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Real estate professional 0 Land surveyor 0 Banker 0 Accountant a Other Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. , Educational Background: By Code (Ordinance 17,2004), some BoarddCommittees have specific requirements for membership D!Dloma.De_eree or Certific at e Institution Course of Study Are you registered to vote in Palm Beach County? (%)Yes ( Have you participated in civic or community activities: Yes: (x No: ( ) No ) If yes, please explain: Rn\u a.tS-e~d A HUd- I I understand the duties, role and time commitment to the Boards or Committees to which I have applied. How did you learn about the Board or Committee for which you have applied: Newspaper (specify) Other: (specify) City's Web site: City's direct mail Brochure: Prior to submitting an application, you are encouraged IO attend one meeting. Date attended: Please return the application and resume to: City Clerk 10500 North Military lrail Palm Beach Gardens, F1 33410 (561) 799-4121 Applications will be kept on.file in the City Clerk's office for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: - ~ Application for City Advisory BoardiCommittee Appointment Please Note: Pursuant to FS 119.07 the information provided in this applicati, considered to be public record, except as i provided by law. Name: City: &/e dwc~ Zip:93fR Home Phone Number: (x) Jlz-'1%3z Work Phone Number: ( ) Years of Residency'? WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: U (generally meets I" Monday of each month at 530 pm.) 0 Community Aesthetics Board (meets 1" Wednesday of each month at 5:30 pm.) 0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO pm.) Ip Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) P Budget Oversight Committee (generally meets twice a year during regular business hours.) 0 Planning, Zoning & Appeals Board * (meets the Znd and 4'b Tuesdays of each month at 6:30 pm.) (*Required to fde a statement of financial interest form) Art in Public Places Advisory Board I If you have checked more than one box, which would be your: 1 'I Choice - 2"" Choice 3rd Choice Are you currently serving on a Palm Beach Gardens Board or Committee'? ( Which one(s) Previous service on City Boards or Committees? ( Which one(s) Are you currently serving on a Palm Beach County Board or Committee'? ( Previous service on County Boards or Committees? ( Which one(s) ~ Date(s) of Service: Are you able to attend: ( y) daytime meetings ()cl) evening meetings What would you hope to accompli3h by participating? ) Yes ( )Q No ) Yes (4p No Date(s) of Service: __ ) Yes ( >) No - - - __ - __ . - - Which one(s) ) Yes ( ) No RCVn o*-30-04 PO(\ 35 f. /&/% e' CfCZ +?L %&E?-& L.7 436 - - ___- - ____ ___ ______ I'rcscnt tinployer: -j-ttda _ ~"foflst p L+~X ca Address. I'r0(i'ss1011 cgf/Lccef Ec~/rcc %e-+ l'osltloll. /rrcd/.+ de&etv 0% &.ic/7ob- d4MW Are you registered in the State of Florida'? r(. Are you licensed in the State of Florida: pb' Another State: pp . 110 you possess a C'ity of Palm 13each Gardens occupational license" - -- -- I Another State: yc I low long have you practiced the abovc profession" __ Jops- I'retkrrctl mailing address (lo Iloiiie ( ) Office Could your occupation present a conflict of interest on any Subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ( % ) No ressional Background (Please check the appropriate boxes) c) 0 a Urban planning/design a p1 Building construction U tiorticulture and landscaping U Youth or adult educator U Owdoperate a business in the City. 0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. U Attorney Engineer U Real estate professional U Land surveyor U Banker 0 Accountant Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Other By Code (Ordinance 17,2004), some BoardslCommittees have specific requirements for membership Educational Background: c or Certdh& Institution Course of Study Are you registered to vote in Palm Beach County? ( \p)Yes ( ) No Ilave you participated in civic or community activities: Yes: ( ) No: ( y) It‘ yes, please explain: - - - -_ __ I iindcrstand the duties. role and time commitment to the Boards or Committees to which I have applied. llow did you learn about the Board or Committee for which you have applied: City’s Web site: Conirnunity Group: ____ Newspaper (specify) City’s direct mail Brochure: ’;d Other: (specify) Prior IO submitting an application. you are encouraged to attend one meeting. Date attended: ___ Please return the application and resume to: __ __ __ (’ity C‘lcrk I OS00 North Military Trail I’alni l3each (iardens, FI 334 IO (56 I ) 790-4 I2 I ilpplictrrions will he kept on,file in die City Clerk *.v q/f;ce,for two 12) >twrs FOH USE RY CIIY OF PALM BEACH GARDENS ONLY - - - - __ __ Appointed to Date of Appointment: - Orientation Date: - # G Application for City Advisory BoardCommittee Appointment Please Nore: Pursuant to FS 119.07 the information provided in this application is considpred to be public record, except as provided by law. Name: D!dl E. f? &ghl5 City: f?M a if LmBp: Years of Residency? 2 E-mail address: E)AIJ;nk3'or e nfld''lr9 ' NJar Home Address: 5'6 ( Home Phone Number: <$' 784 -GB6T Work Phone Number: ( ) e4 -' 4o WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (generally meets 1" Monday of each month at 530 pm.) 0 Community Aesthetics Board (meets 1"Wednesday of each month at 930 p.m.) 0 Education Advisory Committee (meets the 2nd Wednesday of each month at 7:OO pm.) Parks and Recreation Advisory Board (meets the 3rd Monklay of each month at 7:OO pm.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 am.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) Planning, Zoning & Appeals Board * (meets the 2nd and 4'h Tuesdays of each month at 630 pm.) (*P.equired to file a statement of financial interest form) If you have checked more than one box, which would be your: I l'Choicef?i&, 2nd Choice Bzra &qd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(s) Previous service on City Boards or Committees? ( Which one(s) Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes @%o ) Yes ( No Date(s) of P ervice: ) Yes &) No Which one(s) __ Previous service on County Boards or Committees'? ( ) Yes &) No Which one(s) Date(s) of Slrvice: Are you able to attend: ( What would you hope to acco lish by participating? - ) daytime meetings (3) evening meetings APE f&Xc72l/c- TN [4/6tf 0Llll)tiL QF LIk /r~ Phm S skd 6Rfir3KN3 Profession: ClV'/r L CE) P. Position: Are you registered in the State of Florida? t';s L Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardcns occupational liccnsc? How long have you practiced the above profession? Preferred mailing address: x) Home ( ) Office Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ()(> NO Please explain: Another State: 3 CS Another State: cs uo I qgfllzs 's I *'? krofessional Background (Please check the appropriate boxes) i - 0 Visual, performing or literary arts. 0 Architect, Architecture designer, landscape designer 0 Urban planning/design 0 Arts and cultural institution management 0 Building construction 0 Horticulture and landscaping 0 Youth or adult educator 0 Owdoperate a business in the City. 0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. 0 Attorney Engineer 0 Real estate professional 0 Land surveyor P Banker 0 Accountant 0 Other I By Code (Ordinance 17,2004), some Boards/Committees have specific requirements for membership Educational Background: Didoma. Degree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? ( &Yes ( ) No Have you participated in civic or community activities: Yes: ( ) No: If yes, please explain: time commitment to the Boards or Committees to which I have applied. Signature How did you learn about the Board or Committee for which you have applied: City's Web site: Community G oup: Newspaper (specify) City's direct mail Brochure: 2 Other: (specify) Prior to submitting an appli ation, you are encouraged to attend one meeting. Date attended: q,// 3 /b4 Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, FI 33410 (561) 799-4121 Applications will be kept on file in the City Clerk's office for two (2) years FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: I r ‘I Application for City Advisory Board/Committee Appointment Please Nore: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as provided by law. Name. T TI^ -fiaArtt Home Address: /33 &nJ’m BQY a, ;6- Cityfl& g9qom Zip33 9Jr Home Phone Number: dd/) 77$-$7@&2k Phone Number: dd& 77J 47;lf- Years of Residency‘? e E-mail address: & fap fp @ //Sb y &A . 4 WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: R Art in Public Places Advisory Board (generally meets 1” Monday of each month at 5:30 pm.) 0 Conimunity Aesthetics Board (meets 1’‘ Wednesday of each month at 530 pm.) 0 Education Advisory Committee (meets the 2”d Wednesday of each month at 7:OO pm.) Parks and Recreation Advisory Board (meets the 3‘* Monday of each month at 7:OO pm.) 0 Economic Development Advisory Board (meets the 3‘d Thursday of each month at 8:30 am.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) 0 Planning, Zoning & Appeals Board * (meets the 20d and 4Ih Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial interest form) I If you have checked more than one box, which would be your: 3“’ Choice I“Choice__ - 2’Id Choice -_ Are you currently serving on a Palm t3each Gardens Board or Committee? ( Which one(s) - - - - - - - . __ I’revious service on city noarcis or Committees” ( ) Yes ( d NO Which one(s) ___ - Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee‘? ( Which one(s) Previous service on C’ounty t3oards or Committees? Which one(s) __ Date(s) of Service: ~~ ) Yes ( )4No ) Yes ( No Yes ( )o NO 08-30-04 Pod : 36 RCVD Arc you able to attend ( >(1 daytime meetings ( What would you hope to accomplish by participating’, evening meetings N 7 -- of ac L’Y3nMdrn Position: Are you registered in the State of Florida? HO Another State HO Are you Iiccnsed in thc State of Florida. Another Statc.yd , fi&)m, 1 t‘ity ol I’alm Beach Gardens occupatioiial Iiccnsc” . & I low long have you practiced the above protcssion! I’rcli.rrcci iniit~ing addrcss ( )o iloinc ( C ould your occupation C’oinniittee’ ( )Yes ( I’lcnse cKplalll ) 01ticc a conflict of interest on any subject matter discusscd, reviewed or dccidcd upoil by the Board or . t r 1 )rofeasional Background (Please check the appropriate boxes) f o Visual, performing or literary arts. 0 0 0 U U 0 U 0 u 0 0 U 0 Architect, Archit&ture designer, landscape designer Urban planning/design Arts and cultural institution management Building construction Horticulture and landscaping Youth or adult educator Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. Attorney Engineer Real estate professional Land surveyor Banker 0 Accountant c # OtherAOC tnriraaq-tm I By Code (Ordinance 17,2004), some Boards/Comniittees have specific requirements for membership Are you registered to vote in Palm Beach County’) ( %Yes ( llave you participated in civic or community activities. Yes. ()o No: ( ) No ) time commitment to the Boards or Committees to which I have applied Date How did you learn about the Hoard or Committee for which yoii have applied: City’s Web site: Community Group: Newspaper (specify) City’s direct mail Brochure: Other: (specify) Prior to submitting an cipplication, you are encourcigerl to Nitend one meeting Ihte attended: 1’Ic;isc return the application and resuiiie to: I;OH USE BY CIIY OF PALM BEACH GARDENS ONI,Y: Appointed tn Date of Appoiiitment: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 50,2008 SubjecVAgenda Item: Resolution 50, 2008, provides for the appointment of members to the Planning, Zoning, and Appeals Board (PZAB). [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: iq Submitted by: Karazrwin,Growth Management Administratpr, Staff I Appmedby: Ronald M. Ferris MA- originafing Dept . : Kara Irwin, Growth Management Dept IV Advertised: Yes Date: May 9,2008 Paper: Palm Beach Post [ 3NotRequired Affected parties [ ]Notified , ,- [ ]Notrequired Costs: $ NIA vow $ n/a current Ey Funding Source: 1 IoPe~tiW [ X ] Other da Budget Acct.#: Council Action: [ ]Approvedwl conditions [ ]Denied [ ]Continuedto: Attachments: 0 Resolution 50,2008 0 Attendaucemrds 0 Applications [ ]None Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 50,2008 BACKGROUND The purpose this Board is to provide recommendations to the City Council on development petitions that appear before the board, and hear and decide upon variance requests and appeals to administrative decisions made by the administrative officials of the City on issues related to the land development regulations. The applications of qualified applicants and the attendance records for current members have been attached for review and consideration. One vacancy exists due to absences. The appointments are as follows: Joy Hecht - Regular Member filling unexpired term until October 1,2009 Amir Kanel - First Alternate Member filling unexpired term until October 1,2008 Vacant - Second Alternate Member filling unexpired term until October 1,2008 Each of the Board Members above has indicated their interest in maintaining their appointment to the Board. Staff published notices of the vacancies at City Hall, on the City Website, and in a publication of general circulation. As required, staff has also attached applications from residents interested in serving on the Board. STAFF RECOMMENDATION Staff recommends a motion to approve Resolution 50, 2008, approving the appointment of Regular Member@) and Alternate Member(s), to be determined by the City Council, to the Planning, Zoning, and Appeals Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 50,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE PLANNING, ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be comprised of seven (7) regular members and two (2) alternate members; and WHEREAS, notice of vacancies has been posted at City Hall, on the City Website, and in a publication of general circulation; and WHEREAS, the City Clerk has compiled a list of all interested persons who wish to serve as members of the Board, which is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointments of the following individuals as regular and alternate members to the Planning, Zoning, and Appeals Board: Req ular Members Joy Hecht Terms Exp. 10/1/09 Alternate Members Amir Kanel Terms Exp. 10/1/08 Exp. 10/1/08 SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 22, 2008 Date Prepared: May 22, 2008 Resolution 50, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY PV. R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTlONS\appointment - pzab members - reso 50 2008.docx 2 Date Prepared: May 22, 2008 Resolution 50, 2008 EXHIBIT “A” Joy Hecht Ami r Ka n e I Donald Krzan CITY OF PALM BEACH GARDENS MEMORANDUM TO: May or/Council DATE: June 2,2008 I FROM: Patricia Snider, City Clerk fJ I SUBJECT: Advisory Board/Committee Appointments As per the staff report attached, Section 2-86 - Procedures for appointment and filling vacancies for membership of boards and committees shall be made at a regular city council meeting in accordance with the following procedures: 1. The City Clerk shall place on the council agenda the list of volunteers, including current members who seek appointment. 2. The attendance and voting records will be provided for current members. 3. The City Council may interview board and committee members who desire reappointment and volunteers from the City Clerk’s list. 4. The City Council shall, in public session, select the person(s) needed to fill such vacancy. Attached are the applications currently on file. These include any current members that have expressed an interest in maintaining their appointment. Please let me know if you have any questions. cc: Ron Ferris, City Manager R. Max Lohman, Interim City Attorney Allan Owens, Staf€Liaison Kara Irwin, StafTLiaison Charlotte Presensky, Staff Liaison I ichael Panczak iii c I 1 I 1 I I I I lPl P I P 1 P INMI P IAl PI I I I I I I I I I I I 1 Barry Preoent Jonathan Rublr Dennls Solorno Ir Kanel, 2nd Alternate I I I I 1 I I PI P IA[ P [ PINMI PI P PIPIPIPIA PZAB VOTING RECORD FY2007-2008 Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition MISC-07-10-000036 - The Benjamin No Votp DoubleTree PUC Amendment Yes I Yes I Yes I Yes I Appointment of Officers: Chair Craig I I I 2212 0 0 8 - Kunkle I Absent I Yes I Yes I Yes Yes Appointment of Officers: Vice chair I I I I I Douglas Pennell I Absent I Yes I Yes I Yes Yes Recommendation to City Council: I I I I I IPCDA-07-09400005: North County I I I I I I Government Center Amendment I SPLA-07-10-000008: North County IRegional Library Amendment I Absent I Postpone I Postpone 1 Postpone I Postpone I- No Vote a ___- Absent Absent Approve Approve Postpone Absent Postpone Postpone 7-0 5/13/2008 PZAB VOTING RECORD FY 2 0 07-2 0 0 8 - Drugstore with Drive-Through Recommendation to City Council: Public Hearing; PVAR-08-01-000005: Side Setback Variance for 317 Charroux Drive Recommendation to City Council: PPUD-07-06-000015: Riverside Self- Storage Rezoning to Planned Unit Recommendation to City Council: Public Hearing; 5. PPUD-07-02- 000013: Klock Office Building Planned Unit Development Recommendation to City Council: Parcel PCDA-07-09-000005: North County Government Center Amendment SPLA-07-10-000008: North County Regional Library Amendment Donald Ross Village PUD - Elimination of Conditions Related to Absent Yes Yes Yes Yes Absent No No No No Absent Yes Yes No No Absent Yes Yes Yes Yes Shared Parking Recommendation to City Council: Yes Yes Yes PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Drugstore with Drive-Through Motion 1: for approval; failed due to lack of a second Yes Yes No Vote 7-0 Presentl Deny No No No Vote 6-1 Deny Present/ No No No Vote 4-3 Yes Yes Yes 1 I 1 I 1 Present/ Approve Yes Yes No Vote 7-0 Recommendation to City Council: Public Hearing; PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Yes 511 312008 PZAB VOTING RECORD FY 2 0 0 7-2 0 08 5/13/2008 PZAB VOTING RECORD FY 2006-2007 Ptrl Llon-CUM J-06-01-000001: .I I rple Judea Classroom Expansion - Public Presentl Presentl Hearing Yes Yes Yes S Yes Yes No vote vote 7-n .._I_ /ZOO6 Evaluation & Appraisal Report of the Comprehensive Plan Yes Yes Yes Yes Yes Yes -UO-O6-09:10: Monet 1 No action Office Building - Public Workshop I taken Petition: LDRA-06-06-07: I I Amendment to Subdivision LAIPP. Sec. 78-261; Sec. 78-262 - Public Hearing I Yes MISC-06-10-000018: Donald Ross I Village PUD - Signage Waiver MISC-06-12-000020: Waiver for Cobb Yes Movie Theatre Tenant Wall Sign I No SP-06-03-000005: Latitutes in the Gardens - Site Plan Approval 9nn7 - NO action NO action NO action NO action NO action NO action NO action - Absent taken taken taken taken taken taken taken Present/ Absent Yes Yes Yes Yes Yes Yes No Vote Presentl Absent Yes No Yes Yes No Yes No Vote Presentl Absent Yes No Yes Yes No Yes No Vote Presentl No Vote Absent Yes Yes Yes Yes Yes Yes remon: PPUD-06-03-000007: Gardens Commerce Center - Public IHearii: 912007 rUD-04-03: Legends at the Gardens MXD PUD Amendment - Public continued continued Hearing Petition: PPUD-06-12-000007: I I I to 211 3/07 I to 211 3107 IRedevelopment of Palm Beach I I Gardens High School I Yes I Yes Petition: CUMJ-06-11-000007: Police I I ICommunication Tower at Parcsl 12.01 I I - Public Hearing I Yes I Yes Petition: MlSC 06-1 1-000019: 1 I Yes Yes 5/13/2008 I Vote 7-0 Vote 7-0 I Vote 5-2 Vote 4-3 3 Vote 7-0 Yes Absent Yes Yes Yes To be continued to 211 3/07 Yes Left the meeting Yes -- To De continued to 211 3107 Yes Yes Yes Tobe I Tobe I Absent Absent Absent To be To be To be continued continued continued to to 211 3107 to 211 3107 211 3107 Presentl Yes No Vote Vote 7-0 No No Vote 4-3 Presentl Yes No Vote Vote 7-0 PZAB VOTING RECORD FY2006-2007 T Meeting DateEubject PPUD-06-09-000011: Sunoco Gas Station-Rezoning from General Commercial to a PUD Overlay 8 Conditional Use Overlay Yes Yes Yes Yes Yes Yes Absent LDRA: 06-12-10: Code Amendment to Section 78-1 59, Amending Chart of Permitted Uses, Ordinance 5, 2007 - Present/ Yes No Vote Vote 7-0 Present/ Present/ Yes No Vote Vote 7-0 Yes No Vote Vote 4-3 To be To be To I continued continued continued to to 2127107 to 2127107 2127107 Present/ No No Vote Vote 0-7 obe I To be Yes I Absent I Yes Present/ Yes Yes Yes Yes No Vote Vote 7-0 2007: Turtle Beach PGA PUD-Parcel B - Public Hearing Yes LDRA: 07-01-00001 I : Code Amendment Creating Section 78-193, Employer Sponsored Housing and amending Section 78-751 entitled continued To be continued continued to 3127107 ':2:07 1 AI 1 To be To be To be To be To be To be To be continued continued continued continued continued continued tc to 3127107 to 3127107 to 3127107 to 3/27/07 to 3/27/07 3/27/07 "Definitio ublic Hearing I to 3li Petition: CUMJ-06-12-000008: I 712007 l- No action Absent taken t Absent Redevelopment of Palm Beach Gardens Elementary School - Public Workshop LDRA: 07-01-00001 1 : Code Amendment Creating Section 78-193, Employer Sponsored Housing and amending Section 78-751 entitled "Definitions" - Public Hearing Petition: SPLA-A-07-02-000003: Gardens Pointe Site Plan Amendment Public Workshop 1012007 No action taken No action No action taken taken No Vote 2-3 No action taken No action taken No action taken Absent Absent No vote - conflict Absent No Yes No action taken No action taken -- No action taken No action No action taken taken 4 No action No action taken Absent Absent PZAB VOTING RECORD FY2006-2007 Meeting DatelSubject Petition: CPMA-06-01-000002: Hood Road Residential Parcel and Petition: PPUD-06-06-000008: Hood Road Residential Parcel - Public Woi Petition. MISC-07-02-000023: Gardens Station West Sign Program Amendment Yes Absent Yes Yes Yes Yes Yes Yes Yes Vote 8-0 Petition: PUDA-07-02-000004: Donald Ross Village PUD Amendment 8 Signaae Waiver Yes Absent Yes Yes Yes Yes Yes Yes Yes Vote 8-0 No action No action No action No action No action 1AbsenJ rken Ltake L 1 ken I 2412007 BIZ0 (Petition: PPUD-05-07-000003 - Hilltop I I No action Residential - Public Workshop I Absent I taken Petition: LDRA-07-02-000013: Video I I Games & Amusement Parlors - Public Hearings Absent Petition: MISC-07-03-000027 - Fairway Professional Centre Building Signage Waiver Absent Petition: MISC-07-03-000025: PGA I Professional & Design Center No action taken Yes Building 1 Signage Waiver I Absent I Yes Petition: MISC-07-01-000021-PGA I 1 I Absent I Yes Professional & Design Centre With- Future Land Use Map Amendment drawn Petition: PUD-04-20: Frenchman's I With- I With- Crossing PUD drawn drawn MISC-07-02-000024: PGA Commons, Parcel 1 : Development Order With- With- Amendment drawn drawn 5/13/2008 No action taken No action taken Absent Absent Absent With- With- drawn drawn drawn drawn + With- With- I drawn drawn No action No action No action taken taken taken No action No action No action taken taken taken Yes I NO I Yes Yes I Yes I Yes With- With- Absent drawn drawn With- With- Absent drawn drawn With- With- Absent drawn drawn With- With- Absent drawn drawn Y No action No action I N;aacccm 1 taken I taken No action No action No action taken taken taken Recommend Left Mtg Approval 8:lO pm Yes Vote 6-0 Recommend Left Mtg Approval 8:lO pm No Vote 4-2 Presentl Yes No Vote Vote 6-0 With- I drawn With- 1 1 I Absent I With drawn drawn Absent With drawn With- + drawn Absent With drawn With- drawn Absent I Withdrawn PZAB VOTING RECORD FY 20 0 6-20 07 Meeting DatelSubject CUMJ-07-05-000009 Allamanda Post- Post- Post- Post- Post- Post- Post- Elementary poned poned poned poned Absent poned poned poned Absent Postponed Post- Post- Post- Post- Post- Post Post- Petition: MISC-07-04-000028- Gardens poned to poned to poned to poned to poned to poned to poned to Postponed Medical Pavilion Signage Waivers 6126107_L 6126107 6126107 6126107 Absent 6126107 6126107 6126107 Absent to 6126107 2 Recommendation to City Council: Ex Parte Communication (Quasi- Judicial) (Public Hearing); Petition MISC-07-04-000028 - Gardens Medical Pavilion Signage Waivers Recommendation to City Council: Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition SPLA-07-02-000003 Gardens Pointe 1012007 Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) [Public Hearing) Petition CUMJ-07-05- 000009 - Allamanda Elementary School Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) [Public Hearing) Petition PPUD 06-09- 000010: Monet Office Building - No Yes Absent Rezoning and Site Plan Approval I Absent Recommendation to City Council: Ex 1 Parte Communication (Quasi-Judicial) [Public Hearing) Petition LDRA-07-04- 000014: Amendment to Table 33, Entitled "Required Off-street Parking Spaces" I Absent Recommendation to City Council: Ex I Parte Communication (Quasi-Judicial) [Public Hearing) Petition PUD-04-03: Legends at the Gardens MXD PUD Amendment Absent No Yes Yes Yes Yes Yes -- Absent Absent Yes Yes Yes Yes Unanimous to Denv 7-0 Unanimous to Approve i 0 Unanimous to Approve 0 Unanimous to Approve ! 0 Unanimous to Approve f 0 Unanimous to Approve f 0 5/13/2008 PZAB VOTING RECORD FY 20 0 6-2007 I Meeting DatelSubject Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) (Public Hearing) Petition MISC-07-01- 000022 - PGA Financial Plaza Building Signage \- . Unanimous LAbS 1 1 L 1 sent 1 1 AZ L No I NO I toDeny ' I Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) (Public Hearing) Petition MISC-07-02- 000024 Commons, Parcel I : Development Order Amendment Yes Yes Yes Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) (Public Hearing) Petition MISC-07-03- 000026 PGA Commons: Miscellaneous request for light-pole mounted banners Yes Yes Yes Recommendation to City Council: Ex Parte Communication (Quasi-Judicial] (Public Hearing) Petition CUMJ-06-12- 000008 Redevelopment of Palm Beach Gardens Elementary School Recommendation to City Council: Ex Parte Communication (Quasi-Judicial) (Public Hearing) Petition MISC-07-05- 000030 Gardens Commerce Center Yes Yes Yes Yes Absent Yes Yes Yes Absent Yes Abstain Yes Absent Abstain Yes Absent Absent Absent Absent Absent Yes - Yes Yes Unanimous to Approve 7, 0 Unanimous to Approve 7. 0 Unanimous to Approve 6. 0 Unanimous to Approve 6, Yes Yes I 0 Parte Communication (Quasi-Judicial) (Public Hearing) Petition SPLA-07-06- 000005: Ballenlsles Clubhouse Site Plan Amendment Unanimous Present/ Present/ to Approve 7. Yes Yes Yes Yes Yes Yes Yes No vote 0 No Vote 5/13/2008 PZAB VOTING RECORD FY 2006-2 0 07 Present/ Present/ Approve Meeting DatelSubject Recommendation to City Council: 1 Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition MISC-07-06-000034 - Gardens Station West - Signage Waiver Yes Appeal of Administrative Determination - Zoning Confirmation for “Noche Restaurant” - Harbor Yes Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition WaterfordiWyndham Garden Hotel Planned Unit Development (PUD) Amendment Yes PUDA-07-03-000005: 5/13/2008 t Yes Yes 1 Yes Yes I Yes Yes I NO vote 1 ~ovote [ 6-1 I Yes Yes Yes I Yes Yes I Absent ’ r.- Approve 7-0 PZAB VOTING RECORD FY2006-2007 1 / / / / / / Recommendation to City Council: Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition PU DA-0 7-0 5-0 0 0 0 0 6: Seasons 52 Fresh Grille 8 Wine Bar PUD Amendment MOTION I - approval of Petition PUDA- 07-05-000006 with the change in use Present/ No Vote Failed and not eliminating condition 13 I Moot MOTION 2 - approval of Petition PUDAi Yes No Yes Yes No Yes No ,07-05-000006 with the allowance of background music, striking condition 13 Yes Recommendation to City Council: City Initiated Request (Public Hearing) Petition LDRA-07-05-000015: Ordinance 24, 2007 Yes Recommendation to City Council: Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition PPUD-07-05-000014: Gander Mountain Retail Yes Recommendation to City Council: City Initiated Request (Public Hearing) Petition LDRA-07-08-000017: Ordinance 29,2007: Code Amendment to Section 78-221 PGA Boulevard Corridor Overlay MOTION 1 : recommend to City Council approval of Petition LDRA-07- 08-000017 with the provision that the action this board took last time regarding Noche’s be allowed to proceed without regard to whether or not this was passed by City Council so that they were not prejudiced by this. Present/ No Vote Approve 5-2 Yes No No Present/ No Vote Approve 7-0 Yes Yes Yes Yes Yes Present/ No Vote Approve 7-0 Yes Yes Yes Yes Yes Failed 5-2 Present/ No Vote No No Yes Yes No No 5/13/2008 PZAB VOTING RECORD FY2006-2007 Meeting DatelSubject MOTION 2: recommend to City Council that they not approve Petition Present/ Present/ Approve LD RA-07-08-0000 1 7. Yes Yes Yes Yes No No Yes No vote No Vote 5-2 5/13/2008 PZAB VOTING RECORD FY2005-2006 " Expedited Permitted Program LDR change - Public Hearing Recommendation: Evaluation and Appraisal Report (EAR) Petition: M NSP-05-0 5-0 1 & ABAN D-0 5- 01 : Gardens Home Management Services - Public Hearing Petition: LDR-05-09: Plat rrocess - Present/ PresenuN Public Hearing Yes Yes Yes Yes Yes Yes Yes Novote ovote Vote7-0 I Present/ Present/N Petition: PCD-99-04: Parcel 5A - Rezoning & Master Plan Approval - I Public Hearing Yes I Ye= I YecI ~~ Yes I Yes I Novote I ovote ~- I Vote7-0 Yes Yes Present/ Present/ Yes Yes Yes Absent Yes Yes Yes Yes No Vote Vote 7-0 Yes Yes Yes Absent Yes Yes Yes Yes No Vote Vote 7-0 Present/ Yes Yes Yes Absent Yes Yes Yes Yes No Vote Vote 7-0 1-1 To be To be I To be PUD-Bank of America continued continued continued continued Absent continued continued Absent continued Petition: PPUD-05-07-04: The Pointe - To be To be To be To be To be To be To be Public Hearing continued continued continued continued Absent continued continued Absent continued Petition: PCD-04-10: Parcel 31.04- Rezoning & Master Dev. Plan Approval & SP-04-05: Cimmaron Cove To be To be To be To be To be To be To be Site Plan Amroval continued continued continued continued Absent continued continued Absent continued 1/8/2005 etition: PUD-05-03: Mirasol Walk IPUD-Bank of America Petition: PUD-05-07-04: The Pointe PCD-04-10: Parcel 31.04-Rezoning & Master Dev. Plan Approval & SP-04- 05: Cimmaron Cove Site Plan Petition: SP-05-01: Gardens Pointe (Parcel 27.09) Workshor, Yes Yes To be continued No action taken I Present/ Yes Yes Yes Absent Yes Yes Yes No Vote Present/ Yes Yes Yes Absent Yes Yes Yes No Vote Tobe I Tobe I Tobe I I Tobe I Tobe I Tobe I Present/ continued continued continued Absent continued continued continued No Vote No action No action No action No action No action No action Present/ taken I taken 1 taken I Absent I taken I taken I taken I Novote ~~~~ T I - No Vote No Vote No Vote No Vote No Vote No Vote No Vote 511 312008 PZAB VOTING RECORD FY2005-2006 Meeting DatelSubject Petition: MISC-05-06-05: Northcorp Present/ Corporation Park Yes Yes Yes Absent Yes Yes Yes Yes No Vote Vote 7-0 Petition: LDR-05-06: Off-site To be To be To be To be To be To be Tobe Present/ Mitigation -Workshop continued continuec’ “nued Absent ~ continued continued continued continued No Vote NO Vote SP-05-01: Parcel 27.09 - Gardens To be To be To be To be To be To be To be Presentl Presentl Pointe continued continued continued continued continued continued continued No vote No Vote NO Vote Petition: PUDA-05-09-01: RCA Center PUD - Revisions to Approved Present/ Present/ Development Plans Present/ Present/ Petition: LDR-05-06: Off-Site Mitigation - Public Hearing - 1- Yes Yes Yes Yes Yes No Yes No vote No Vote Vote 6-1 Yes No vote No Vote Vote 7-0 1 Yes I Yt I 12412 - , Present/ Present/ , rPetition; PCDA-05-011-000001: Northcorp PCD Amendment Petition: SPLN-05-11-000003: Anspach Site Plan Amendment PCD-04-01: Parcel 31.04 - Rezoning & Master Development Plan Approval; SP-04-05 Cimmaron Cove-Site Plan Approval -Workshop PUD-04-1 I: Parcels 31.06 & 31/07 - Central Park Residential High Mixed- I Use PUD Yes I Yes I Yes I Yes Yes Yes Yes Yes To be To be To be To be continued continued continued continued No action No action No action No action I 1 1 I Yes Yes Yes No vote No Vote Vote 7-0 Present/ Present/ No vote No Vote Vote 7-0 Yes Yes Yes To be To be To be Present/ Present/ continued continued continued No vote No Vote No Vote taken taken r Petition: MISC-05-12-01 Amendment to Development Order of the Midtown (fka Borland Center) PUD Yes Yes Yes Yes Yes Yes No No vote No Vote Vote 6-1 Petition: SP-05-01: Parcel 27.09 - Re- Re- Re- Re- Re- Re- Re- Re- Re- Re- Gardens Point scheduled scheduled scheduled schedule schedule scheduled scheduled scheduled scheduled scheduled Present/ Present/ 511 312008 PZAB VOTING RECORD FY2005-2006 Meeting DatelSubject 6 Petition: VAR-06-01-01: Circle K Plaza - Setback variance to allow second-story addition to existing commercial plaza Yes Yes Yes Yes Yes Yes Yes No vote No Vote Vote 7-0 Petition: MISC-04-36 - Trinity United Methodist Church Phase 7 Elementary Present/ Present/ I Present/ Present/ Yes No vote No Vote e 7- Present/ Presentl School 311 4/2006 1111 LL Petition. SP-05-01: Parcel 2709 - Gardens Pointe Yes Yes Yes Yes Yes Yes Yes No vote No Vote Vote 7-0 Petition: PUD-04-03: Legends at the Gardens MXD PUD Amendment - No action No action No action No action No action No action No action No action No action NO action Workshop taken taken taken taken taken taken taken taken taken taken Petition: C Ran Major Conditional Use - Public Present/ No Vote Vote 7-0 Hearing Yes Yes Yes Absent Yes Yes Yes Yes Petition: MISC-04-43: Borland Center No action action No action No action No action No action No action No action No action No action Master Signage Program -Workshop ken taken taken taken taken taken taken taken - 6 I Petition: PUD-04-22: Amendment to Village Square Professional Park Phase II PUD - Public Hearing I Yes I Yes I Yes PCD-04-01: Parcel 31.04 - Rezoning & I I 1 Master Development Plan -Public Hearing Yes Yes Yes SP-04-05 Cimarron Cove Plan Approval - Public Hearing Yes Yes Yes PUDA-05-09-01: RCA Center PUD - Modification to Conditions of Approval - Public Hearing Yes Yes Yes Yes Yes I I I Present/ Present/ No vote No Vote Vote 7-0 Present/ Present/ No vote No Vote Vote 7-0 Presentl Present/ No vote No Vote Vote 7-0 Present/ Presentl No vote No Vote Vote 7-0 Yes Yes Yes Yes Yes Yes Yes Yes 511 312008 PZAB VOTING RECORD FY2005-2006 Petition: PCDINOPC-05-01: Amendment to Regional Center DRllPCD Petition: LDR-05-0810rdinance 23, 2006: LDR Text Amendment Development Name & Address Standards - Public Hearing LDR-06-06-000004: City Code Amendment to Section 78-221: PGA Boulevard Corridor Overlay Petition: CUMJ06-03-000002: Palm Beach Gardens Medical Center Major Conditional Use Petition: MISC-04-03: Midtown (aka Borland Center) Master Signage Program I post post poned to poned to poned to poned to poned to poned to poned to Absent 7125106 Absent 7125106 7125106 7125106 Absent 7125106 7125106 7125106 To be To be To be To be To be To be To be continued continued continued continued continued continued continued Absent to 818106 Absent to 818106 to 818106 to 818106 Absent to 818106 to 818106 to 818106 continued continued continued continued continued continued continued Absent to 818106 Absent to 018106 to 818106 to 818106 Absent to 818106 to 810106 to 818106 To be To be To be To be To be To be To be Vote 6-0 Yes Absent Yes Yes Yes Absent Yes Yes Absent Vote 6-0 Yes Absent Yes Yes Yes Absent Yes Yes Absent I - 5/13/2008 PZAB VOTING RECORD FY2005-2006 7 Riverside Drive -Waiver to Allow for Commercial Vehicle to Park in Driveway-Public Hearing Yes Yes Absent Absent Yes Yes Yes Yes Petition: SPLN-06-02-04: Amendment to Banyan Tree PUD- Development of Phase II - Public Hearing Yes Yes Absent Absent Yes Yes Yes Yes Yes Petition: PUDA-06-05-02: Oak Park No vote - Oftice Park - Amendment to the conflict of Development Order - Public Hearing interest Yes Absent Absent Yes Yes Yes Yes Yes Vote 6-0 Petition: MISC-06-05-13: Frenchman's Yacht Club Master 7/25/2006 Petition: MISC-06-06-14: Legacy Place - Amendment to Development Order of Legacy Place PCD to eliminate conditions #22 and#26 of Resolution 129,2004 Yes Yes Yes Yes Yes Yes Yes Yes Petition: LDR-06-06-000006: Code Amendment to Section 78-1 82 Lighting Regulations-Ordinance 26, 2006 - Public Hearing Yes Yes Yes Yes Petition: PUD-04-20, CP-04-12 and AX- 04-02- Frenchman's Crossing - Public No action No action No action No action No action No action No action NO action Workshop taken Petition: PUD-03-04 Doubletree PUD - No action No action No action No action No action No action No action No action Yes Vote 7-0 Vote 7-0 Yes Vote 7- Signage Program t ,sent YC Y Absent Vote 7-0 Yes Yes Yes Yes Absent Vote 7-0 No action No action taken taken taken taken taken taken taken Absent taken _. ~ ~ To be To be To be To be To be To be To be To be - Development Name and Address Standards continued continued continued continued continued continued continued Absent Absent continued taken taken taken taken taken taken taken I Absent I taken Public Workshop taken 8/8/2006 Petition: LDR-05-08: Text Amendment 511 312008 PZAB VOTING RECORD FY2005-2006 Meeting DatelSubject Petition: LDR-06-06-000004: Text Amendment Section 78-221 : PGA Present/ Present/ Boulevard Corridor Overlay Yes Yes Yes Yes Yes No Yes No vote No Vote Vote 6-1 Petition: LDR-63-ua: I ext Amendment - Development Name and Address To be To be To be To be To be To be To be To be Standards Absent Absent continued continued continued continued continued continued continued continued CPTA-06-04-02 - Text Amendment to Future Land Use Element Absent Absent Yes Yes Yes Yes Yes Yes Yes Vote 7-0 CPTA-06-04-03 - Text Amendment to Economic Development Element Absent Absent Yes Yes Yes Yes Yes Yes Yes Vote 7-0 CPTA-06-04-04 - Text Amendment to Intergovernmental Coordination Element Absent Absent Yes Yes Yes Yes Yes Yes Yes Vote 7-0 CPMA-06-04-03: Large Scale Future Land Use Map Amendment Absent Absent Yes Yes Yes Yes Yes Yes Yes Vote 7-0 )9LDRA-06-06-000007: Amendment to 1 Puller ruiil - I2212006 -P I1 212006 Pulled Subdivision LAIPP. Sec. 78-261; Sec. Text Amendment for Bioscience moving Mixed-Use forward Pulled PUD-04-03-Legends at the Gardens - from Public Hearing agenda LDR-05-08- Text Amendment - Development Name and Address Standards - Public Hearing Yes CPTA-06-08-000006- Future Land Use Text Amendment for Bioscience Mixed-Use Yes 511 312008 from I from I from I I from I from I from I Present/ I from I agenda I agenda I agenda I Absent I agenda I agenda I agenda I NoVote I agenda Item not I Item not I Item not I I Item not I Item not I Item not I 1 Item not moving moving moving moving moving forward I forward forward Absent forward forward Pulled Pulled Pulled Pulled from T from 1 from agenda agenda agenda agenda Pulled Pulled from from agenda Absent agenda Yes Absent Yes Yes Absent Yes Present/ Present/ PZAB VOTING RECORD FY2004-2005 I Meeting DatelSubject 11 011 212004 Petition: CU-04-02: Conditional Use - Fairway Office Center Yes Yes Petition: VAR-04-06: Rear Setback Variance at 8193 Damascus Drive Yes No Petition: VAR-04-07: Side Setback Variance at 100 Woodsmuir Court Yes Yes Petition: SP-04-08 & SP-04-09: Mirasol PCD- Parcel 17 &25 Yes Yes Petition: PUD-04-15: Gardens Station PUDlMXD Yes Yes IPetition: APPEAL-04-01: Michaels Retail Store at Legacy Place 11/9/2005 Petition: PUD-04-14: Mirasol Walk I Petition: PUD-04-10: Waterford Hotel PUD Amendment 11/23/2005 Absent I Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes I Present/ Present/ N No vote I o vote I Vote7-0 Present/ Yes 1 No vote 1 Vote5-2 PresentlN Present/N Yes 0 vote Vote 7-0 Petition: PUD-04-04: Parcel 58 - Rezoning 8 Master Development Yes Yes Yes Absent Yes Absent Yes Yes Yes Vote 7-0 511 312008 PZAB VOTING RECORD FY2004-2005 Meeting Date/% bject 1211412005 Petition: SP-04-15: Site Plan 4mendment Yes Absent Yes Yes Yes Yes Yes Petition: CP-04-05 Large Scale Land Use Amend. for the Regional Park Yes Absent Yes Yes Yes Yes Yes 1/11/2005 Petition: SP-04-uz7Fencnman.s I I I I I I I 1 I I I I Creek Turf Maintenance Facility Yes Yes Yes Absent Yes Yes Yes 2etition: LDR-04-02: Amendments to City Code & LDR relating to Conditional U 4mendment-Necessary Unified Control Yes Petition: PUD-04-18: Southampton WD Parcel 31.02 Yes 'etition: SP-04-18: Frenchman's 3eserve Pod C Site Plan Amendment ?etition: SP-04-19: North Palm Beach Sounty Improvement District Emergency Operations Center Yes 'etition: LDR-04-09: Amendment to LDR relating to Wireless relecommunications Facilities Yes 21812OC Yes I Yes t I Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 'etition: CP-04-13: Text Amendment :o the Future Land Use Element Yes Yes Yes Yes Yes Yes 'etition: CP-05-02: Text Amendment :o the Conservation Element Yes Yes Yes Yes Yes Yes PresentlN Yes o vote Vote 7-0 PresentlN Yes o vote Vote 7-0 Absent Yes Vote 7-0 Absent I Ye I Vote 7-0 I -- Presentl Yes Novote Presentl Yes Novote Presentl Yes Novote Presentl Yes Novote Present/ Yes Novote PresentlN PresentlN 0 vote Vote 7-0 0 vote Vote 5-2 PresentlN o vote Vote 7-0 PresentlN o vote Vote 7-0 Presen tlN 0 vote Vote 7-0 PresentlN Yes 1 Absent I o vote 1 Vote7-0 1 PresenUN Yes I Absent I o vote 1 Vote7-0 1 ? PZAB VOTING RECORD FY2004-2005 Meeting DatelSubject Petition: CP-05-01: Amendment to the I Captial Improvement Element Yes Yes Yes Yes Yes Yes Yes Petition: CP-04-14: Large Scale Future1 I I I I I I Petition: LUK-U4- 14; LUK I exr I I Amendment-Necessary Unified Control Yes Yes Yes Yes Yes Yes Yes Absent Absent Yes Absent Yes Yes Yes k%%%!jR-04-14: LDR Text Amendment-Necessary Unified Control - Petition: Wachovia Bank Building PU D Petition: Christ Fellowship North Campus PUD Expansion b/26/200 5 Petition: SP-04-10: Mirasol PCD- Parcel 21 Petition: SP-04-11: Mirasol PCD- Parcel 15 Petition: SP-04-16: Parcel PCD-Parcel 16 11 - Yes Yes Yes Petition: SP-04-17: Mirasol PCD- Parcel 22 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 7- Absent -+- Absent Absent o vote Vote 7-0 Yes I Yes Absent IPbeSyeg:BVNI Vote 7-0 Presentl r PresentlN o vote Vote 7-0 Yes PresentlN Yes o vote Vote 7-0 No vote o vote Vote 7-0 511 312008 PZAB VOTING RECORD FY2004-2005 c. V Petition: PUD-04-21: Seasons 52 Grille &Wine Bar PUD Amendment Yes Yes Petition: Christ Fellowship North Campus PUD Expansion Yes Yes k124120 Yes Yes Yes I Yes Present/ Present/N Yes Yes Novote o vote Vote7-0 Present/ PresenffN Yes Yes No vote o vote Vote7-0 I Petition: Lnrist Fellowship North Campus PUD Expansion & Conditional Use Yes Yes Petition: CP-04-04: Frenchman's Yacht Club Future Land Use Map Amendment Yes Yes Petition: ZONISP-04-01: Frenchman's Yacht Club Yes Yes Petition: PCDINOPC-04-02: Frenchman's Creek PCDIDRI-Notice of /1roposed Change & PCD Amendment 1 Yes 1 Petition: MISC-04-40: Mirasol Town Sauare- Master Sianaae Proaram Yes 1: I I ISC-05-07: Shoppes on the I Green Moument Sign in Fairway Drive Median Yes Yes I IPetition: PUD-03-11: Oak Park Office I Condo Phase II Yes Yes Petition: CP-04-15: City Centre FLUM Yes Yes 1612a12005 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I Yes Yes Yes Yes Yes Yes Yes Yes Present/ Yes I Yes 1 Novote Present/ Yes Yes I ~ovote I I I I Present/ ;;; i :;; i ~ovote Present/ No vote Present/ Yes I Yes I Novote qq- Absent Absent Absent Absent Absent Absent Absent Absent 'resentlh o vote 'resentlh o vote 'resentlh o vote Vote 7-0 Vote 7-0 Move to 7/12 Vote 7-0 Move to 7/12 Vote 7-0 Move to 711 2 Vote 6-1 Vote 7-0 Vote 7-0 Vote 7-0 511 312008 PZAB VOTING RECORD FY2004-2005 Meeting DatelSubject I 1 I I I I I I Petition CO-04-03: Property Maintenance Standards Absent No Yes Yes Yes No Yes Yes Petition: CU-05-01: William T. Dwyer High School Expansion Absent Yes Yes Yes Yes Yes Yes Yes Petition: MISC-05-04-02: Gardens Station-Master Signage Program Absent No Yes Yes No Yes No No 711 212( Petition: CU-05-01: William T. Dwyer Present/ High School Expansion Yes Yes Yes Yes Yes Yes Yes Novote Petition: MISC-05-04-02: Gardens Present/ Station-Master Signage Program Yes Yes Yes Yes Yes Yes Yes No vote Petition: SP-05-03 & MISC-05-04: Present/b University MRI-Site Plan & Signage Yes Yes Yes Yes Yes Yes Yes o vote Petition: CP-04-04: Frenchman's Yacht Club Future Land Use Map Amendment Yes Yes Yes Yes Yes Present/ Yes Yes Novote Present/ Petition: ZONISP-04-01: Frenchman's Yacht Club Yes Yes Yes Novote Petition: PCDINOPC-04-02: Frenchman's Creek PCDIDRI-Notice of Present/ & PCD Amendment Yes Yes Novote 7/3C/3nnE PresenVNl o vote Vote 5-2 Present/N PresentlN 511 312008 PresentlN o vote Vote 7-0 PresentlN o vote Vote 7-0 PresentlN o vote Vote 7-0 Vote 7-0 Present/N move to o vote 8/23 Vote 7-0 Present/N move to o vote 8123 Vote 7-0 PresentlN move to Meetin DatelSub'ect +." @ Petition: LDR-05-03: Public Workshop 132 nnn E Petition: MISC-03-14: Donald Ross Village-Signage for residential portion Yes Petition: SP-05-05: Downtown at the Gardens Yes Petition: PCDINOPC-04-02: Frenchman's Creek PCDIDRI-Notice of Proposed Change 8 PCD Amendment Petition: ZONISP-04-01 : Frenchman's Yes No pil312oi 1 Petition: PUD-05-03: Mirasol Walk To be PUD continued Petition: LDR-05-01: Workshop Tree No Action I Protection 1 akei- - PZAB VOTING RECORD FY2004-2005 HOA Petition: PUD: 04-03: Legends at the I Gardens MXD PUD Amendment I No Petition LDR-05-05: Amendments to To be LDR MXD Height Limitations continued Yes Yes Yes Yes Absent Yes Absent Yes Vote 7-0 Yes Absent Yes Yes Yes Yes Absent Yes Vote 7-0 Yes Absent Yes Yes Yes Yes Absent Yes Vote 7-0 Yes Absent No No Yes Yes Absent No Vote 4-3 Yes Absent Yes Yes Yes Yes Absent Yes Vote 7-0 Yes Absent Yes Yes Yes No Absent Yes vot- = ' -1 To be To be To be To be To be To be To be continued continued continued continued continued Absent continued continued No Vote No Action No Action No Action No Action No Action No Action rakc - Taken iken 'a ke Taken Absent Absei Takc No Vote ~ ---- -A -- Yes Yes Yes Yes Yes Yes Yes Yes Vote 7-0 No No No No No No No No Vote 7-0 To be To be To be To be To be To be To be To be To be continued continued continued continued continued continued continued continued continued Application for City Advisory BoardKommittee Appointment -. .d Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as it0 l/o\eG/ L&* hone Number: a) =h&'hone Number: ( ) /, Years of Residency? 3 E-mail address: fGl(0 &Ki'@AW, COM WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: d Art in Public Places Advisory Board 0 Community Aesthetics Board 0 Education Advisory Committee R Parks and Recreation Advisory Board R Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) R Budget Oversight Committee d Planning, Zoning & Appeals Board * (generally meets 1" Monday of each month at 5:30 p.m.) (meets 1'' Wednesday of each month at 5:30 p.m.) (meets the 2"d Wednesday of each month at 7:OO pm.) (meets the 3rd Monday of each month at 7:OO pm.) (generally meets twice a year during regular business hours.) (meets the 2"d and 4'h Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 " ChoiceWgd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(s) Previous service on City Boards or Committees? ( ) Yes ( J) No - Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( Which one(s) Date(s) of Service: 3rd Choice ) Yes ( 3/No ) Yes ( vf No ) Yes ( 4 No Are you able to attend: ( J ) daytime meetings ( devening meetings Are you registered in the State of Florida? Are you licensed in the State of Florida: Another State: Another State: 6\ d Do you possess a City of Palm Beach Gardens occupational license? kJJ0 How long have you practiced the above profession? lOL#2* Preferred mailing address: ( &om, ( ) Office Could your occupation a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ( Please explain: biozB&ground (Please check the appropriate boxes) o d Architect, Architecture designer, landscape designer U Urban planning/design 0 d Building construction 0 Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Real estate professional 0 Land surveyor 0 Banker 0 Accountant Visual, performing or literary arts. Arts and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. r Bv Code (Ordinance 17.2004). some Boards/Committees have sDecific reauirements for membershb I Educational Background: Diploma. Degree or Certificate Institution Course of Study Have you participated in civic or community activities: Yes: ( \XNo: ( ) nd time commitment to the Boards or Committees to which I have applied. bp!Pd How did you learn about the Board or Committee for which you have applied: City’s Web site: Community Group: J Newspaper (specify) City’s direct mail Brochure: Other: (specify) Prior to submitting an application, you are encouraged to attend one meeting Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept on file in the City Clerk’s ofice for two (2) years FOR USE BY CITY OF PALM REACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Application for City Advisory BoardComrnittee Appointment Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, exckpt as provided by law. WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (generally meets 1" Monday of each month at 5:30 p.m.) 0 Community Aesthetics Board (meets 1"Wednesday of each month at 5:30 p.m.) 0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO p.m.) 0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) @f Planning, Zoning & Appeals Board * (meets the 2"d and 4'h Tuesdays of each month at 6:30 p.m.1 (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1'' Choice 2nd Choice 3rd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(s) Previous service on City Boards or Committees? ( ) Yes ( JfNo Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( Which one(s) Date(s) of Service: ) Yes ( JfNo ) Yes ( 60 ) Yes ( \/fcNo Are you able to attend: ( ddaytime meetings ( J' ) evening meetings . (7' -)? fls-h-n,%', I- -' Are you registered in the State of Florida? ,)$ Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? Preferred mailing address: ( 4Home ( Could your occupation pre nt a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yes ( JNo Please explain: Another State: Another State: A%' Ni? ) Office 3 rprofessional Background (Please check the appropriate boxes) 0 0 d Urban planning/design 0 d Building construction U Horticulture and landscaping 0 Youth or adult educator 0 0 0 Attorney d Engineer 0 Real estate professional 0 Land surveyor 0 Banker 0 Accountant Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. 0 Other By Code (Ordinance 17,2004)' some BoardsKommittees have specific requirements for membership Educational Background: Institution Course of Study Didoma, Deuee or Certificate ~~ - Are you registered to vote in Palm Beach County? ( &es ( ) No Have you participated in civic or community activities: Yes: NO: ( ) I unde tand the duti?) role and time commitment to the Boards or Committees to which I have applied. T How did you learn about the Board or Committee for which you have applied: City's Web site: Community City's direct mail Brochure: Prior to submittzng an application, you are encouraged to attend one meeting. Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F1334 10 (561) 799-4121 Applications will be kept onJile in the City Clerk's ofice for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: DonnaCannon From: Sent: To: Subject: FYI ... Thank you. Cheryl Levy Thursday, April 03, 2008 755 AM Kara Innrin; Nilsa Zacarias; City Clerk; Nina Sorenson FW: Planning and Zoning Appeals Board meeting for April 8, 2008 From: Kanel, Amir, CIV, AUTEC [mailto:Amir.Kanel@autec.navy.mil] Sent: Wednesday, April 02,2008 5:07 PM To: Cheryl Levy; Barry Present; cbk@su n risecom pa n ies.com; dmslaw2@ &I lsouth. net; maxpen ne yoyohecht@aol.com; mtpanuak@aol.com; randy@interplanarchitects.com Subject: RE: Planning and Zoning Appeals Board meeting for April 8, 2008 @msn.com; I will not be able to attend the meeting on the April 8th because of emergent trip to Israel tomorrow. I will back on April 14th. I have read the materials in the packet and I agree with staff recommendations for approval. I also met with Ms. Zacarias a few weeks ago and gave her my comments. Very respectfully, Amir . I . ~ _."I I.i ..c"l-_-l-i ~-" E ~. - From: Cheryl Levy [mailto:CLevy@pbgfl.com] Sent: Monday, March 31,2008 9:33 AM To: Kanel, Amir, CIV, AWEC; Barry Present; 'Craig Kunkle Jr. (cbk@sunrisecompanie.com)'; Dennis M. Solomon (dmslaw2@bellsouth.net); 'Douglas Pennell (maxpennell@msn.com)'; 'Joy Hecht (yoyohecht@aol.com)'; 'Michael Panuak (mtpanczak@aol.com)'; 'Randy Hansen (randy@interplanarchitects.com)' Subject: Planning and Zoning Appeals Board meeting for April 8, 2008 Good morning, Nilsa asked me to forward this message to all of the Board members. Good morning! This last Friday, March 2gth all the material for the April gth workshop was delivered to your homes. Staff made a considerable effort to complete Land Use, Transportation and Housing 10 days in advance to the workshop to give you time to read and go over the material. Please notice that each section includes and Executive Summary outlining the main proposed initiatives, and recommended studies and actions. I had the opportunity to meet with all of you, and I want to thank you for your input and comments. This is our first workshop, and we are looking forward to your feedback. Thank you, Nilsa Nilsa Cristina Zacarias, AICP Planning Manager City of Palm Beach Gardens 1 4 ’ Phone 561.799.4236 Fax 561.799.4281 CITY OF PALM BEACH GARDENS E-MAIL DISCLAIMER PLEASE NOTE Florida has a very broad public records law Most written communications to or from local officials regarding city business are public records available to the public and media upon request Your e-mail communications may therefore be subject to pbblic disclosure 2 c Applicotim fm Clty AdVisw Baardlcammittee Appointment .Pkm Ndc: Pursuant tu .F9 I1 9.07 ulc ininnnation providcd m this application is considered to hc public recod except as Years of Residcncy? Bmail adthis: WHICH BONU) OR COMITEE MUi YOU APPLYING FOR: 0 Art in PulNc Rlrccs Advisory Bonrd (mccb 3" Tucrthly nt each month at 5:30 pm.) [J Cornrnirnity Aerlhctlcs hsrd (me& I' Wcclnctday sTLwh month at 530 pm.) u Parks and Rccrcrtien Advisoo Board (met3 the 3'" Mondoy ulcnsk month at 7:UO pm.) 0 Economic Dcvelopmcnt Advhory Mrnl (mswts thc Zaa Thursday of e~ch month at R:M a.m.) 0 Budgd Oversight Cnmrnittec (mects tbc 4* Thwharsdny of cnch month at 8:30 am.) @Planning. Zming & Appcnls Bonrd ,I (meets the 2M nnd 4" Tucsdnyi orach mmth at 6:N p.m.) ("Required to file 8 stskmmt of finrncinl intcrcd form) If you bm checkcd mor0 than one box, which wdd be. your. I '' Cliaice ChOia! 3"' Choicc Which Deto(s) of scwico: Am you currently serving nn a Palm Reach Couuty bani or Committee? ( ) Yes ( ) No Which one($ Am you ablc to allcnd: ( ) daylimc meetings cvming rncchgs Position: L Are ym rgjstered in the State of Florida? Annother State: hothe? State: Are you lim.xd in tho State of Florida: DO you posses. a city of Palm ~cacli How long have you practiced the abwe pmfc.psion? occupational license? &i . 37 LA 5 Prcfed mailing sddrcss: ( )G ~ome ( office Could you occupatian prcscnl a conflict ofinDcrcst on any subjcct matW discussed, rcvkwcd or decided upon "y thc Board or Committee: ( )Yes( PNo LtfA ANU DUN KKLCIN PAGE 03/03 -I r to the Boa* or Committees to which I bave applied. Date Hnhh you lcnrn nhorit the hard or Cnmmitke for which ynri hnvc applied: City’s Web dtc: Community Group: Ncwrpnpr (spccifyJ City’s dircct mnil Brerhirrc: 9 Other: Qpcdfy) Prior 10 nibmining on application, yn* me encowaged to attend one maetin8. Dstc ntiended: flcasc rcttun tho applicotion andrcsumc to: City Clerk 10500 North Military TmiJ Pnlm Durcb Gardcns, H334 10 (561) 799-41 21 FOR USE BY CJTV OF PALM BEACH GARDRNS ONLY: Appointed to: Date nf Appohlmmt: Orientntim l>Ptc: Gp001/002 09/30/2005 FR1 12:OZ FAX 561 626 0304 IPRE ABACOA Application for City Advisory Board/Coinniittee Appointiiictit Puisuant lo FS 119.07 the infomiation providctl in this application is considered to be public rccord, cxcept as provitled by law. Name: - (f 4.0 - I+olnc Ad&css: %7) *- -:wjc]A \L ',w<\&- City: P%&' ZipS3?\3 Horix: Phonc Number: HJ 'k!G Gi?,)Work Phone Numbcr: (&( G32 .mk Years of Rcsitlcncy? 7 -w\ E-mail addrcss. Ak&.\db&? hh%&Ab/u 3 WHICH BOARD OR COMMlTrEE ARE YOU APPLYING FOR: If you have clicckctl niorc than oire box, which would bc your: : C!h:>;c- Which onc(s) previous servicc oil City Boards or Coniniittees? ( Which onc(s) - Are you cttixnlly serving on II Rilni Dcacli County Board or Commifiec? ( Prcvious scrvice on Corctity Boards or Committees? ( ) YCS ( '4 Which onc(s) - Are you ablc to attend: ( &ayllmc nltctings ( &&ring incctings What worikl you Iropc to accomplish by participating? . T- r \+,--(p [,>W 06 G CAV.1 UFTA \ kd\kJ-k \7 '5 T33iGTq I'resent ~mp~oyer: 6XX.F 2- . cjlnjci: .., . . !.:hcli:L: I; Are you crinrnlly scrving on a Priiin Beach Gardcis Board or Commillcc? ( ) Yes ( 1 /- }No )Yes ( 6 Datc(s) of Scrvicc. ) Ycs ( Which one(s) -. -- Date(s) of Scrvicc: c jA&Cl? Are you registered it, tlic Sale of' Florida? >IC?.\ An: you Ijccciscd in the State of Florida: y"-\ Do you possess ii City of' I'alin Bcsch Cardcns occupt~tional liccnsc? How long I~nvc you practiced Ihc above profcssioti? 4: Preferred niailiilg address: ('dHomc ( ) Offkc Could your occupntion prcsc hnotlrer State: Anothcr Slatc: b!<> -* TJ,f \=2 a conflict of inkrcst on any subject inalter discussed, reviewed or decided tipon by the Bowd or Please explain: Q002/002 09/30/2005 FRl 12303 FAX 561 626 0304 IPRE ABACOA 0 Horticull1ii-c and landscaping u Youth or adulr educator 0 u Ownlopctate a busiiicss in thc City. Mcinbcr oFI3usiness Dcvelopincnt Board. North P:iIin Bcnch Coiuity Chamber of Coiiirnerce or PGA Corridor Association. Educatioiirl Rackgroiuici: City Clcrk 10500 North Mi1it;tty 'Flail Palm Beach Gatdens, FI 334 10 (561)799-4121 Applicarions will 6s kept onjile in the Ciry Clerk's o//;cce,for two (2) yccN's. FOR USE BY crry OF PALIM BEAC~I GARDENS ONLY: Appointed to: Date of Appoiritrncnl: - -- Oriciitalion Datc. t Application for City Advisory BoardLonunittee Appointment .#Zeuse Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. Name: IeB firdd~q I,! Home Address: 4 .*QFi t!,V&aj /dW iu" City: PS& Years of Residency? 3 7 E-mail address: Zip:2?, \ < Home Phone Number: @ ) ]7'92~7Work6hone Number: @/ WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (generally meets 1" Monday of each month at 530 pm.) 0 Community Aesthetics Board (meets 1" Wednesday of each month at 5:30 pm.) 0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO pm.) 0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.) 'p3L Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (generally meets twice a year during regular business hours.) JiS Planning, Zoning & Appeals Board * (meets the 2"d and 4Ib Tuesdays of each month at 6:30 pm.) (*Required to file a statement of financial interest form) If you have checked more than 1 " Choice Q 's 2 2'Id Choice 3'd Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(& Previous senice on City Boards or Cem-mifiees? C ! Yes Cx> No Which one@) Date@) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which ones) Previous service on County Boards or Committees? ( ) Yes ff' No Which one(s) Bate@) of Se 'ce: Are you able to attend: Gytime meetings $(, evening meetings ) Yes (X) No ) Yes (& ) No co Are you registered in the State of Florida? Are ygu licensed in the State of Florida: b-4 Atlamstate: ___~ ~ ~ Do you possess a City of PaIm Beach Gardens occupational license? A'O )y $. Another State: How long have you practiced the above profession? a\.% LQ465 I Preferred Mig address: ( ) Home ()bpffice C0mt.d Committee: ()()Yes ( )No /" .= mcupatim present a cmffic$ gf Intmxt on my s~bjed mRer &scusced, reviewed or decided ~pn by the Emrd or fessional Background (Please check the appropriate boxes) 0 Visual, performing or literary arts. 0 Architect, Architecture designer, landscape designer 0 Urban planning/design 0 Arts and cultural institution management 0 Building construction 0 Horticulture and landscaping R Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Landsurveyor 0 Banker 0 Accountant Owrdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association. Real estate professional 0 Other By Code (Ordinance 17,2004), some Boards/Committees have specific requirements for membership Educational Background: Didoma, Degree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? %)Yes ( Have you participated in civic or conmiunity activities: Yes: (7(, No: ( ) No ) H yes, please explain: P i A&-$ I I mitment to the Boards or Committees to which I have applied. y/,g8 lo& ’ Dafe Hd did you learn about the Board or Committee for which you have applied: City’s Web site: Community Group: Newspaper (specify) City’s direct mail Brochure: Other: (specify) Prior to subniiiiing an application, you are encouraged to attend one meeting Date attended: Please retuni the application and resume to: ~- City Clerk 10500 North Military Trail Palm Beach Gardens, n33410 (561) 799-4121 Applications will be kept on file in the City Clerk’s oflce for two (2) years. FOR USE BY crTy OF PALM BEACH GARDEWS ONLY: Appointed to: Date of Appointment: Orientation Date: < c I Pk.u.w %tie: Pursuant to FS I 19.07 fhc infamotion provided in this application is considered to be public record, except BS prwidcd by law. U .\rt in Puhlic Places .\(ibisor) Board (meet\ 3"' I 11e4a~ (if rarh ninnth at 5:30 pm.) (.ommunit? .\esthetics Board (meet\ I" \+ etint.4i! itft-ich month itt 5:30 pm.) Parks and Recreation .tdvisory Board (meet\ Ihr 3" \loiida\ ofeach rnonfh at 7:M) pin.) Economic Debelopmcnt Advisory Board (meets the .\"I 1'hiirsh.t of rach month at H:JO am.) (meet\ Ihc JIh I hurule! of rarh month at R:3O am.) Planning. Zoning & .Appeals Board * (meets the 2"" and .(Ih 1 uestlays of each month ml6:3O pm.) (*Required to file B ~tafemcnl of financial intercsl form) 0 Budget Oversight <'cimniillcc d If you bm checked mom th~ one box, which would bc ywt: ~vou~EavinaonaPllm&schGadcnsBoardorCamm~? ( )Ye ()()No I" Choice=-- 7'"' ('hoicc ;"' ( 'hoice&+&- WhicbWr) - - PrcvioussaviceonCityBoerdsorCommiltecs? ( )Yes ()()No Which ows) Data(s) of Service: Are you cumntly serving on a Palm Beach County BoardorCommittee?( ) Yes Which onc(s) Previous savicc on County Bosrds ar Cammitles? ( )Yes (3)No Which &s) ms) of &ice: Am you able to md: ( What would you hopc to accomplish by participating? ) daytime meetings ()( ) evening dgs t"ldl= k&% To I PrcscntEmpbya: ua Proftssion: Position: C& fa+ Address:- I *LA 1 Arc you regid in the State of Florida? AI~ you liand in the Sate of Florida: Do you possess a City of Palm Beach Gardens occupational license? AnadherStotc: Another Statc: +-- 0 How long have you ptactid the above profession? 48 p&P* Rcfd mailing address: @Home ( )Office Could your occupaUian prcsent a conflict of in- on MY subjat matter did, reviewal or decided upon by the Board oc Committee: ( )~cs(N)~o Plaw explain: 'Ioorl Background (Please check the approPriate box=) L v r o Visual, pcrfoniag or litctary arts. 0 Ard~itcct, Architcaurc designer, lwdscape designer o Urban planning/dcsign 0 91 Bui1rlingr;onStructiOn 0 HorCicultun and landscaping o Youthoradulteducator u Owdo- a busmess in the City. 0 Mcmba of Businas Dcvclopment Bd. North Palm Beach County Chamber of Commem OT PGA Conridor Association. 0 Attomcy Engineer 0 Real~profcssiolrpl o Landsurveyor a Banker P A-mt Arts urd cultural institution management Edmatloul Background: or c- course of shrdy GIVI1, mc ESqF LLL LlVlC E* k& __ ~ - __ - ______ &5UU€ \5 m&Lw Arc you rcgistcrcd to votc in Palm Batch County? (>/,Yes ( ) No HIVC you putlcrpatod in CIVIC OT commmlty mv~tlcs Y a. ( If ya, pleasc mplrun: - NO ( NJ itmcnt to the Boards or Committees to which I have applied did you learn about the Board or ( ommitter fnr whirh you have applied: ( umniunity Cr up: \unspaper (specif+) Other: (%perif$) $ ( lfv3 Web dte: < IQ'P dirert mail Brochure: Prior IO submitting an application. you m encouraged to attend one meeting Date 8tteaded: Please nturn the application and resume to: city Clerk I0500 North Military Trail Palm Beach Gardms, FI 334 IO (561) 799-4121 Applications will be kept onjile in the City Clerk's om fm two (2) pars FOR USE BY CITY OF PALM BEACH CARDENS ONLY: Appointed to: ____ - ____ Depurrmeni l,f i'errrun\ . - !Quirt Datc of Appointmat: Orientation hte: II hrrr People Relieve.. . " Sigrahrrc Hon did you learn abut tbe Board or Committee for which yon hmr applied: City's Web rite: Commonity Grump: Nmsprpcr (ryrrify ) Citp'r dirtyt mail Brochure: Other: (qpecify) Prior to submittiq an application. you are encoumged io attend one meeting Date attended: City CIerk 10500 North Military Trail P.lmBcachGardens,Fl33410 (561) 799-4121 1cy)R USE BY ClTY OF PALM BEACH GARDENS ONLY. I . MURTAZA KAKLI 5270 Travelers Way 0 Palm Beach Gardens, FL 334 I K 0 f’honc (561 ) 622-503 I e-mai I : mkakl i(‘ciyahoo.com -. EDUCATION: University of Michiearn Ann Arbor. Michipan B.S. (Chemical Engineering) M.S.E. (Nuclear Engineering) M.S. (Physics) FOREIGN LANGUAGES Urdu, Punjabi, Persian (Farsi) EMPLOYMENT EXPERIENCE 0 0 0 0 Engineering Consultant at Pratt & Whitney, United Technologies Corporation Memher of the Palm Beach Gardens Education Advisory Board Palm Beach Community College, Lake Worth, FL (Part time) Propulsion Engineer, htt & Whimey, United Technologies Corporation Research Engineer, University of Michigan, Ann Arbor.Michigan EXTRA CURRICULAR ACTIVITIES President, Muslim Coourtunity of Palm Beach County. Florida t I ‘1 p & ‘1 , ( ) Application for City Advisory BoardKommittee Appointment e' :: 'Ill Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. 7 Name: N\ gkf Home Address: city: Years of Residency? ? E-mail address: -&/'.ZH &. Home Phone Num?&$ Phone Number: & ?@f- - sH 0 WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: & Art in Public Places Advisory Board (meets 3'd Tuesday of each month at 5:30 pm.) 0 Community Aesthetics Board (meets 1" Wednesday 01 each month at 5:30 p.m.) 0 Parks and Recreation Advisory Board (meets the 3'd Monday of each month at 7:OO p.m.) 0 Economic Development Advisory Board (meets the 3" Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (meets the 4'h Thursday of each month at 8:30 a.m.) Planning, Zoning & Appeals Board (meets the 2" and 4tb Tuesdays of each month at 6:30 pm.) ('Required to file a statement of financial interest form) If you have checked more than one box, which ould be your: 1" Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( 2" Choice phFl,& Choice ) Yes (MNo Which one+.) Previous service on City B~NCIS or Committees? ( Sq Yes ( ) NO Which one@) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( ) Yes ( ) No Which one(s) Date(s) of Service: Are you able to attend: (&daytime meetings ( .&vexing meetings )Yes - Present Employer: Address: Profession: Position: Are you registered in the State of Florida? Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? r/z, Another State: Another State: -m How long have you practiced the above profession? Preferred mailing address: WHome ( Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )Yesm~o Please explain: ) OWce *’- d r ~~ lessional Background (Please check the appropriate boxes) Visual, performing or literary arts. o Architect, Architecture designer, landscape designer 0 Urban planningldesign 0 Arts and cultural institution management 0 Building construction P Horticulture and landscaping o Youth or adult educator P Owdoperate a business in the City. 0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association. 0 Attorney 0 Engineer 0 Real estate professional Landsurveyor 0 Banker I By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership Educational Background: DiDloma Dezree or Certificate Institution Course of Study Are you registered to vote in Palm Beach County? (Ryes ( Have you participated in civic or community activities: Yes: ( If yes, please explain: ) No ) No: & ) time commitment to the Boards or Committees to which I have applied. Date How did you learn about the Board or Committee for which you have applied: City’s Web site: Community Group: Newspaper (specify) City’s direct mail Brocbure: Other: (specify) ,&I@ /r GX c/ n) Prior to submitting an app icatio , you are encouraged to attend one meeting Date attended: I I,)/ Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept on file in the City Clerk S ofice for two (2) years FOR USE BY ClTY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: 0 Nicolas P. Hemes 103 South U. S. Highway 1, Suite F-5 Jupiter, Florida 33477 Telephone: (386) 984-5120 Fax: (561) 627-0277 E-Mail: heme.d@/nsn.com Militarv Service 1956 - 1958 Royal Air Force - Middle East Command Education Bachelor of Arts in Marketing London University, London, England Emdovment 1987 - Present International Marketing Consultants, Palm Beach Gardens, FL Chairman Greater Naples Chamber of Commerce, Naples, FL Sales Consultant 2003 - 2005 1978 - 1987 Mall Media, Los Angeles, CA President and Martin Communications, Los Angeles, CA Vice President 1970 - 1978 3M Company. Minneapolis, MN and Los Angeles, CA Associate Publisher 1963 - 1970 Hearst Magazines, New York, NY International Sales Director 1960 - 1963 BBD&O (Omnicom), New York, NY Media group PlannerIBuyer 1958 - 1960 Mather & Crowther, London, England Media Manager Charities I971 -2000 Diabetes Associates., Cedars Sinai Medical Center, Los Angeles, CA Executive Board of Directors Life Member California Highway Patrol (I 199 Foundation), La Habra, CA Government Positions 2000 - Present State of Florida Florida Highway Patrol, Advisory Council 2005 - 2007 City of Lake City, FL Member, Code Enforcement Board 2004 - 2005 Collier County, FL Member. Code Enforcement Board 2001 - 2003 City of La Quinta, CA Cultural Arts Commissioner 1995 - 2000 City of Indian Wells, CA Public Safety Commissioner . Nicolas P. Hemes 103 South U. S. Highway 1, Suite F-5 Jupiter, Florida 33477 Telephone: (386) 984-5120 Fax: (561) 627-0277 E-Mail: hemes@msn.com Militarv Service 1956 - 1958 Royal Air Force - Middle East Command Education Bachelor of Arts in Marketing London University, London, England Em Dlovment 1987 - Present International Marketing Consultants, Palm Beach Gardens, FL Chairman 2003 - 2005 Greater Naples Chamber of Commerce, Naples, FL Sales Consultant 1978 - 1987 Mall Media, Los Angeles, CA President and Martin Communications, Los Angeles, CA Vice President 1970 - 1978 3M Company. Minneapolis, MN and Los Angeles, CA Associate Publisher I963 - 1970 Hearst Magazines, New York, NY International Sales Director I960 - 1963 BBD&O (Omnicom), New York, NY Media group PlannerIBuyer I958 - 1960 Mather & Crowther, London, England Media Manager Charities 1971 - 2000 Diabetes Associates., Cedars Sinai Medical Center, Los Angeles, CA Executive Board of Directors Life Member California Highway Patrol (I I99 Foundation), La Habra, CA Government Positions 2000 - Present State of Florida Florida Highway Patrol, Advisory Council 2005 - 2007 City of Lake City, FL Member, Code Enforcement Board 2004 - 2005 Collier County, FL Member. Code Enforcement Board 2001 - 2003 City of La Quinta, CA Cultural Arts Commissioner 1995 - 2000 City of Indian Wells, CA Public Safety Commissioner C*& 6 cw. C-5 zip: S~W H-P~ODCNUUI~K@I) w~~k~b~ne~umba:( ) sna YeareofRcaidmcy? 3&l &-I-: GOIW' WL. COY WHICH BOARD OR COMMITIEE ARE YOU APPLYING FOR: \ @ Art in Public Fi8ces Advkorly Bovd 0 CommdtyAertktiaBoard 0 Educ8tionAdri#rJrttec 0 Pub and Rccrc8thu Advirory Bolrd 3 D Fkenomic Dcvdepwnt Advisory Bod (meet8 the 3d Thanday of each month at 830 a.m.) 0 Bmdget Overdght Coappitta 2 Ip Phndng,Zhm.Ing& &peds Beard (meets the 2d ud4- Tmesdaysof each month at 63Op.n~) Ifyouha~c~moretlmnoncbox,whkhwaddbeyow ArtyoucurrcntlyservingonaPalmBtachGardensBoardorCommittee? ( )Yes (/)No which oaa(s) previouS~ceonCityBoardsorcommitteeS? ( )Yes (4)No Whichoao(s) Daws) of Service: Arc you currentiy serving OD aPalm Beach County Board or Committee? ( Which one($ PrcvioussuviceonCollntyBoardsorCommittaes?( )Yes( 4)No Artyouabletoattend:( )daytimemactings( 4)eveningmcetings wht would you hope to accomplish bypdcipating? (generally meets 1" Momday of each month at 530 p.0~) (meets 1" Wednesday of each momth at 59 pm.) (meets the 2" Wednesday of each mama at 780 pm.) (meets the 3d Monday of ach month at 200 pm.) (generaUy meets twice a yar dariag regular business bo-) (*Requid to fh a st.tcmeet of ti~Kirl interest form) 1' Choice 2* choice 3d cboict ) Yes ( 4) No one0 Date(s) of service: AmywregistaedmtbestatcofFl~da? PO AmkState: JD Are you liceased in tk sate of noli&. rr* Anotherstate: fib Do yw possess a City of PalmBeschGar&ns occupational lictnSt? How long have you practiced the above pfdm? PrcfaredmaiIingacIdrcs (J>Home ( )Office Could youroccupatim present a conflict of in- on any subject noattea discussed, Feviewed or decided upon by the Bod or Committee: ( )Yes(X)No % c 0 0 0 0 0 0 0 0 0 D O 0 0 0 O Areyonre~to~mPalmBtschCounty?( )Yes( \/)No HWC YOU puticipated in civic or cammunity .ctivities: Yes: ( ) No: ( J ) How did you learn 8bo.t the Bod or Comm&tee for wbkh you hve appliuk City Clerk 10500No~thMilitaryTrail Palm Beach Gadens, a334 10 (561) 799-4121 Appricrrtionr will be kqt on fire in the Ciq Clenk’s omfir hu~ (2) yes. POR USE BY CITY OF PALM BEACH GARDENS ONLY Application for City Advisory BoardCommittee Appointment Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. 6 IbECQEL HomeAddress: if31g'5 DAP\-lkJE AVEddE Name: . I>Adfl city: PB G Zip: 33 '0 Home Phone Number: ) 3 U4 5 -74 5 Work Phone Number: ( ) 4 0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 p.m.) Community Aesthetics Board (meets 1" Wednesday ofeach month at 5:30 p.m.) 'J Parks and Recreation Advisoy Board (meets the 3'd Monday of each month at 700 pm.) 0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.) 0 Budget Oversight Committee (meets the 4Ih Thurvday of each month at 8:30 a.m.) B Planning, Zoning & Appeals Board * (meets the Znd and 41h Tuesdays of each month at 6:30 pm.) ("Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 it Choice ? 2 2 A 2"" Choice LA 3''' Choice Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( % ) No Which one(s) Previous service on City Boards or Committees? ( ) Yes ( % ) No Which one(s) Daws) of Service: Are you cmently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( ) Yes ( x ) No Which one(s) Date(s) of Service: Are you able to attend: (J) daytime meetings ( 4evening meetings What would you hope to accomplish by participating? To VEL? tcI3Et-s ?/4 LM R€ACC\ GAlZOEd< Present Employer: d /A Address: Profession: Positiox ) Yes ( x) No 4 h\GhJATUKF- LIT\/ ?/ZP FE 55' OhlA L ENC I NE E R Are you registered in the State of Florida? 'f E Another state: Id /A Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? J E 3 noth her state: id 1 A )dJ How long have you practiced the above profession? 5 Y k? A 5 Preferred mailing address: ( X ) Home ( ) Office Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( + )Yes ( ) No - - pleaseexplain: 7-m I 3- J-CC ewic 4 d. ’ P 0 0 0 0 0 0 0 0 0 0 a Is[ a a Visual, performing or literary arts. Architect, Architecture designer, landscape designer Urban pl-design Arts and cultural institution management Building construction Horticulture and landscaping Youth or adult educator Ownloperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association. Attorney Engineer Real estate professional Land surveyor Banker Accountaut la other Are you registered to vote in Palm Beach County? ( )Yes ( ) No Have you participated in civic or community activities: Yes: ( *: ) No: ( ) I unders+ the duties, role and time commitment to the Boards or Committees to which I have applied. !]I/ ,3 /o 3 Date How did you learn about the Board or Committee for which you have applied: City’s Web site: Community Group: Newspaper (specify) ?A[ wg t!lc-j) City’s direct mail Brochure: Other: (specify) PO3 i- Prior to submitting an a plic tim you are encouraged to attend one meeting Date attended: Os-Lj 70 6 Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept onjile in the City Clerk’s oflee for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: JOANNE MARIE KOERNER, P.E. 10155 Daphne Avenue, Palm Beach Gardens, F'L 33410 J-Koemer@hotmail.com (561)324-5795 OVERVIEW As a Professional Engineer, I have based my career on being efficient, professional and ethical in every possible aspect. I have proven my abilities to excel on an individual basis but am also able to work effectively as part of a team. I take immense pride in being a Civil Engineer and know that this pride shows in each project that I have the opportunity to work on. I am extremely experienced in the stormwater, utility and roadway design and permitting aspects of residential, commercial, mixed-use and redevelopment projects and also have a strong background with city and county work. WORK EXPERIENCE MSCW, INC. - 2004 to 2008 Senior Project Engineer e e e e e e e e e e e e e e e e e e Extensive experience in site plan preparation Responsible for obtaining planning and zoning approvals Extremely familiar with zoning and site plan process with several local governments Experience with Palm Beach County permitting process, including drainage permits, dnveway connections permits, utility and irrigation permits Responsible for preparing dratnage reports and for coordinating transportation analyses for applications to Palm Beach County for approval Experience with attending planning and zoning board meetings and commission hearings for plat and site plan approvals on behalf of clients Responsible for maintaining client satisfaction on projects Accountable for complete project quality control and final production of all professional and technical work products for project design from begnning to close-out Responsible for construction administration on residential and commercial projects and able to effectively communicate with construction contractors Comprehensive understanding of SFWMD Environmental Resource Permitting Extensive experience in construction permitting with FDOT, EDEP, NPDES, SFWMD, SWFWMD, SJRWMD and several municipalities in South and Central Florida Established several contacts and personal relationships with staff at various permitting agencies Widespread knowledge of ADA requirements Gained a thorough knowledge of Civil Engineering software including ICPR v3.02, WaterCAD and AutoCAD 2007 Coordinated schedules of production staff Preparation of construction plans for residential projects ranging from 97 to +1,000 home sites including grading, master and secondary stormwater system design, potable water, sanitary sewer and reclaimed water design and lift station design Preparation of plans for multi-family developments Preparation of construction plans for commercial properties Preparation of re-development construction plans for commercial property to mixed-use property Preparation of due diligence report to assist client in making decisions to purchase property Created stormwater tables to estimate amount of property required for stormwater treatment and attenuation depending on local limitations Provided engineering input to DIU projects Coordination with local government on project under DCA review Attended permitting and design seminars and updated company staff on latest design requirements 0 0 0 UNIVERSITY OF CENTRAL FLORIDA - 2003 to 2004 Researcher and Analyst 0 Worked under Dr. Mohammed Abdel-Aty on a two-year project funded by FDOT that focused on signalized intersection safety in several Florida counties Prepared manual for FDOT staff to predict the number of crashes and their severity at intersections based on intersection geometry 0 HARTMAN & ASSOCIATES - 2001 to 2003 Construction Administration Assistant 0 0 Responsible for document control, tracking shop drawings and maintaining project files Created cost database to estimate hture projects’ expenditures REGISTRATIONS & AFFILIATIONS 0 0 0 Professional Engineer, State of Florida, Passed Exam 2007 Engineer Intern, State of Florida, 2002 Member of Palm Beach Chapter of FES and Chairwoman of Awards Committee PUBLICATIONS Keller (Koemer), J., Abdel-Aty, M., Brady, P., 2006. “Types of Collision and Crash Data Evaluation at Signalized Intersections.” ITE loumal vol. 76 no. 2,30-39. Abdel-Aty, M., Lee C., Wan% X., Nawathe, P., Keller (Koemer), J., Kowdla, S., Prasad, H., 2006. “Identification of Intersections’ Crash Profiles/Patterns.” Rorida Department of Transportation. Abdel- Aty, M., Keller (Koerner), J., 2005. “Exploring the Overall and Specific Crash Severity Levels at Signalized Intersections.” Accident Analvsis and Prevention 37,417-425. Abdel-Aty, M., Brady, P., Keller (Koerner), J., 2005. “Analysis of Types of Crashes at Signalized Intersections by Using Complete Crash Data and Tree-Based Regression.” TransDortation Research Record: loumal of the Transportation Research Board Issue 1908, 37-45. 0 0 EDUCATION 0 Master of Science, Civil Engineering Transportation Systems University of Central Florida, July 2004 - Overall 3.8 GPA Bachelor’s of Science, Civil Engineering University of Central Florida, May 2003 - Overall 3.4 GPA Donna Cannon From: J Koemer [J-Koemer@hotmail.com] Sent: To: Donna Cannon Subject: PZU Board Application Friday, June 06,2008 501 PM Hi Donna, As I mentioned earlier today, I would like to amend my application for the Planning, Zoning and Appeals Board to show that I am employed with Palm Beach County's Land Development Division as a Professional Engineer. Since I will not be working in the private sector of engineering, I do not feel that this new position will create any conflicts of interest with a position on this board. Please take this information into consideration when reviewing my application. Thank you, Joanne Koerner, PE 1 Application for City Advisory BoardCommittee Appointment Please Nure: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. WHICH BOARD OR COMMITTTE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (generall? meets I" Monday of each month at 530 prn.) 0 Community Aesthetics Board (meets 1'' Wrclnrwls? of each month at S:30 p.m.) 0 Education Advisory Committee (meets the 2"' Wedncsdoy of each month at 7:OO pm.) 0 Parks and Recreation Advisory Board (meets the 3r' Monday of each month at 7:OO pm.) 0 Economic Development Advisory Board (meets the 3rd Thursda? of each month at 8:30 a.m.) 0 Budget Overnight Committee (gencrall? meets twice a year during regular business hours.) @ Planning, Zoning 6t Appeals Board * (meets the Zod and 4* Tuesdays uf each month st 6:30 p.m.) ("Required to file a \tntrment of financial intrrrst form) If you have checked more than one box, which would be your: I *' Choicc 2d Choice jr'' Choicc Are you currently serving on a Palm Previous service on City Boards or Committds? ( ) Yes ('A) No Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( ach Gardens Board or Committee? ( 3) Yes ( ) No Whichone(s) Fduc U~/OLZ A Tu ISdf lo h ,L-l--- ) Yes ( & No Which one(s) I%evious senice on County Boards or Committees? ( Which one(s) Date(s)ofS ice Are you able to attend: ( ' Yes3) No ) daytime meetings ()o everung meetmgs f t would you hop0 to accomplish by participating'? c. srylrf {q .tb j-wl L9 ra&A P w vrbaw ~3 r OJ 4 n/QkS ' cc 4, Tfr-tP) IC, / '1 Profession: s,I-to.$ Position: P"c-ef IA4 c Another State: Another State: w -iLer_ Are you registered in the state of Florida? Are you licensed in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? Preferred mailing address: ( )$ Home ( Could your occupation yesent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board 01 Committee: ( )Yes ( NO Please explain: h) 6) 20 $'e -7 ) Ofice o Visual, performing or literary arts. o Architect, Architecture designer, landscape designer RI Urbanplarrmng/design o Arts and cultural institution management d Buildingconstruction 0 Horticulture and landscaping 0 Youth or adult educator 0 ownloperate a business in the City. c] Member of Business Development Board, North Palm Beach County Chamber of Commerce or FGA Corridor Association # Attomey R Engineer 0 Real estate professional 0 Landsurveyor 0 Banker 0 Accountant sother 4n~r,anM4449,1 IRLd Have you participated in civic or community activities: Yes: ()c) No: ( ) If yes, please explain: c~L t -4, c rC L :o tq CC, K,{ji.C I I understand the duties, role and time c4rnitment to the Boards or Committees to which I have applied 7 [CY- 3+05 Signaturr Date How did you learn ahout the Board or Committrr for hirh jou have upplird: City’s Web sitc: Cummunitj Group: Ne\+sqnpcr (s ecify) City’s direct mail Brochure: Other: (sprcify) p ‘Y?/cre 3- Prior to submitting an application, you are encouraged to attend one meeting Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palm Reach Gardens, 1;l 334 IO (561) 799-41 21 Application7 will be kept onjle in the Ciw Clerk’s ofice for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY Appointed to: Date of Appointment: Orientation Date: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 49,2008 SubjedAgenda Item: Resolution 49, 2008, provides for the appointment of members to the Community Aesthetics Board (CAB). [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Submitted by: KaraIrwin,Growth Management Administrator. Staff Liaiso & Approved by: I Ronald M Ferris ~ ~ Advertised: Yes Date: May 9,2008 Paper: Palm Beach Post [ ]NotRequired Affectedparties [ ]Notified [ ]Notrequired Costs: $ N/A (Total) $ n/a Current Ey Funding Source: loperating [ Xlother da Budget Acct.#: Council Action: [ IAmo=d [ ]Appmvedw/ conditions [ IDeNed [ ]Continuedto: Attachments: 0 Resolution 49,2008 0 Attendancerecords 0 Applications [ ]None Date Prepared: May 22,2008 Meeting Date: June 19,2008 Resolution 49,2008 BACKGROUND The purpose this Board is to provide recommendations to the City Council with a broad outlook towards present and future community improvements which aesthetically change the neighborhoods and open space within the City. The applications of qualified applicants and the attendance records for current members have been attached for review and consideration. Three vacancies exist due to terms expiring. The existing 1' alternate has applied for placement on another City Board, and if appointed will resign from this Board effective the date the Resolution is adopted. If the Board member is not appointed to the other board, he would become a regular member expiring October 1,2009. The appointments are as follows: Vacant - Regular Member filling unexpired term until October 1,2009 Vacant - First Alternate Member filling unexpired term until October 1,2008 Vacant - Second Alternate Member filling unexpired term until October 1,2008 Due to lack of applications, there will still be a vacancy on the Board. Staff published notices of the vacancies at City Hall, on the City Website, and in a publication of general circulation. As required, staff has also attached applications from residents interested in serving on the Board. STAFF RECOMMENDATION Staff recommends a motion to approve Resolution 49, 2008, approving the appointment of Regular Member(s) and Alternate Member(s), to be determined by the City Council, to the Community Aesthetics Board. Date Prepared: May 22, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 49,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE COMMUNITY AESTHETICS BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be comprised of seven (7) regular members and two (2) alternate members; and WHEREAS, notice of vacancies has been posted at City Hall, on the City Website, and in a publication of general circulation; and WHEREAS, the City Clerk has compiled a list of all interested persons who wish to serve as members of the Board, which is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointments of the following individuals as regular and alternate members to the Community Aesthetics Board: Reqular Members Alternate Members Terms Exp. 10/1/09 Terms Exp. 10/1/08 Exp. 10/1/08 SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 22, 2008 Resolution 49, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\appointment - cab members - reso 49 2008.docx 2 Date Prepared: May 22, 2008 Resolution 49, 2008 EXHIBIT “A” James P. Griffin Mark Lenow CITY OF PALM BEACH GARDENS MEMORANDUM TO: May or/C ouncil DATE: June 2,2008 FROM: SUBJECT: Advisory Board/Committee Appointments Patricia Snider, City Clerk 8/ As per the staff report attached, Section 2-86 - Procedures for appointment and filling vacancies for membership of boards and committees shall be made at a regular city council meeting in accordance with the following procedures: 1. The City Clerk shall place on the council agenda the list of volunteers, including current members who seek appointment. 2. The attendance and voting records will be provided for current members. 3. The City Council may interview board and committee members who desire reappointment and volunteers fiom the City Clerk’s list. 4. The City Council shall, in public session, select the person(s) needed to fill such vacancy. Attached are the applications currently on file. These include any current members that have expressed an interest in maintaining their appointment. Please let me know if you have any questions. cc: Ron Ferris, City Manager R. Max Lohman, Interim City Attorney Allan Owens, StafTLiaison Kara Irwin, StafTLiaison Charlotte Presensky, StafTLiaison n T E * 1 Y Apphcstion fbr City Advisory Board/Comrnittee Appoinbnmt Plcascv .Vow: Pursuant to FS I 19.07 the information provided in this application is considtrod to be public recotd, except 8s pwidcd by law. NMU: I Home Address: lbd ; dA) IT city: m? Zip:% Home phone ~mber: @A u- 1hf work ~umba: - 5 ~earsof~esidency? 6 4 0 WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: E--I addns~: -e\pc&r TJ -\rt in Public Places Advisor) Board (meets 3"' I iirdi? dwh month at 530 p.m.) ('ommunity .\cstherirs Board (meutr I" \trtlnr*cla? dprrh minnth at S:3U pm.) Parks and Recreation Advisory Board (meel5 the 3"' Vontla! of each month at 7:OO p.ni.) Economic Dc\clopmcnt Advisory Board (nreet\ the 3"' I hlimitlry of each month at R:30 a.m.) (met(\ the 4Ih I hurwla! of earh month at 830 a.m.) Planning. Zoning & Appeals Board (meets the 2"" anti (*Required to file a statement of financial interest form) 0 Budget Oversight ("ommittec 'I uestlays of each month at 6:30 p.m.1 !i Ifyou bnr ckkedmac than one box, which would beyaut: I" C'hoicrw 7'"' ('horcc & ;'" ( 'hoiccw which one(s) Arc you cumntty sewing on a Palm &ach County Board or Committee? ( Which onc(s) Previous savicc on County Baards oc Canmittea? ( ) Ycs ( 9) No ) Yes()C)No ) daylhe meetings (8 ) evening egs Which &s) Date(s) of savicc: Ate you able to tiltend: ( &-I: hi& - RsentEmploya: uh &Fn &&IJ&&Y 79JkL Address: 7= A). Profession: Position: CApPF. MANY &&&$&.E- ~n you registered in the state OFFIO~~~? id0 AnarherSCsbc: Anothcr State: An you licensed in the State of Florida: Do you poesess a City of Palm Beach Gardens oocupPtiond license? + 0 How long have you praaiccd the above profession? 38 ~9 Prtfarrdmilingaddnss: )Home ( )Office Could your occupation present a conflict of interesr on q SU~~CC~ mslter did, reviewed or deadcd upon by the Board Committee: ( )Yes(>d,No Please explain: vc k 1 * r lfusiooal Background (Please check the apptoPriate boxes) P 0 Architccr, Architochvc desipm, lsndscspe dasigmr e Urban planningldaign 0 Am and cumvlll institution msnsgcmcnt # Buil&ngamstructiOn 0 Hortiarhutemdl-ing 0 YourJlardultaducetor u Own/opcmtc a business in the City. p Manbcr of Business Development Board. North Palm Beach County Chamba of Commerrx OT PGA colridor Association. a A~~UWY p Engineer a Rcalcslllcprofessionrl a Landsurveyor P Banker 0 Accountant Visual, pafomring or litaery arts. By Code (Ordlnrncc 17, ZW), some Boards/( 'omnittrra hmr s~iecific rcquiruiiiciib fur siuiiihrrship I EduaUouI lBaekgr0mw.d: Inditution Course of stl& ClVlL a4 /cv&q&& m& M- ohll. I___-. huF \r; PnJMLW Arc you rcgistcred to vote in Palm Ekach County? ()/)Yes ( Have you puficipued in civic or comrnunlty activities: Yes: ( If yes, pleasc explain: ) No ) No: (HJ itment to the Boiirds or Committas to which I have applied. did you learn about the Board or ('ommittre for which you have applied: ('ommunity Cr up: \uns~ispcr (spwify) Other: (specify) $ ('try3 Wtb site: ('ity's direct mail Brochure: Prior IO submitting an application, you m encouruged to attend one meeting Date atteded: Plarse return the epplication and resume to: city Clerk 10500 Nod Military Trail Palm Beach Gardens, FI 33410 (561) 799-4121 .4ppiications will be kept on fie in the CMy Clerk's office for two (2) yars FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Depurrmeni of I 'errrun \ ..jflairc AppoinW to: ___ ___ Datc of Appoinbncnt: Orientmtion Date: N here Peopple Relieve.. . '' - ,SI 25 2007 f3:44RH Hayes Insurance Group 561-491-0840 I I 25 2007 8:44AH Hayes Insurance Group 561-491-0840 % I t -- I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 4,2008 Meeting Date: June 19,2008 Resolution: 53,2008 Subj ect/Agenda Item: Resolution 53,2008, re-establishing the Budget Oversight Committee, providing a purpose, powers an duties, membership, meetings, and providing an effective date. [ X 1 Recommendation to APPROVE 1 ] Recommendation to DENY Submitted by: Department Director Approved by: @+ I CityManager Originating Dept.: Advertised: Date: Paper: [ INotRequired Affected parties [ ]Notified - [ ]Notrequired Costs: $ NIA (Total) $- Current FY Funding Source: [ 1 Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approvedw/ conditions [ ]Denied [ 1 Continued to: Attachments: Resolution 53,2008 [ ]None Date Prepared: June 4,2008 Meeting Date: June 19,2008 Resolution: 53,2008 BACKGROUND: The current Budget Oversight Committee was created for a two (2) year period by way of Resolution 121, 2004, and became effective June 3, 2004. The Committee was extended for a two (2) year period by way of Resolution 64,2006. Accordingly, staff has prepared the accompanying Resolution 53,2008, to extend for an additional two (2) year until June 15,2010. The Committee shall comprise a total of five (5) members, as opposed to the previous committee of three (3) members. The term of the new committee shall be two (2) years, and the committee shall have the following powers and duties: 1. Review the proposed operating and capital improvements budget as prepared by staff. 2. Request information from staff in order to analyze the proposed operating and capital improvement budget. 3. Review the recommended spending plan for compliance with current adopted financial policies, Le., fund balance levels, debt service coverage, etc. 4. Make recommendation to Council during the budget adoption process to approve the proposed operating and capital improvement budget, as submitted. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 53,2008, reestablishing the Budget Oversight Committee, providing a purpose, powers and duties, membership, meetings, and providing an effective date. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 53,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BEACH GARDENS, FLORIDA RE-ESTABLISHING THE BUDGET WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the current Budget Oversight Committee was created for a two-year period as approved by Resolution 121 , 2004 effective on June 3, 2004; and WHEREAS, at the June 15, 2006, City Council meeting, Council approved Resolution 64, 2006 re-establishing the Budget Oversight Committee; and WHEREAS, the City Council has deemed it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to re-establish the Budget Oversight Committee as modified herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Creation. There is hereby created the Budget Oversight Committee. This Committee is created for a period of two (2) years from the effective date of this Resolution, but shall only meet as provided in Section 6 herein. The Committee shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. Date Prepared: June 4, 2008 Date Prepared: June 4, 2008 Resolution 53, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. Purpose. The purpose of the Budget Oversight Committee is to provide citizen input for the budget process. SECTION 4. Powers and Duties. The committee shall have the following powers and duties: Review the proposed operating and capital improvements budget as prepared by staff. Request information from staff in order to analyze the proposed operating and capital improvement budget. Review the recommended spending plan for compliance with current adopted financial policies, i.e. , fund balance levels, debt service coverage, etc. Make a recommendation to Council during the budget adoption process regarding the proposed operating and capital improvement budget, as submitted. SECTION 5. Membership. The committee shall consist of five (5) regular members. Those members of the Budget Oversight Committee as established by Resolution 121 , 2004 who were serving as of June 3, 2006, shall continue to serve as members of the re-established Budget Oversight Committee until new membership is appointed for the entire committee. Those members may apply to serve as new members of the committee. All appointments shall be for a term of two (2) years from the adoption date of this Reso I u ti on. Members of the committee shall: (1) Be either a resident of the City of Palm Beach Gardens, or the owner and/or operator of a business within the City; and (2) Possess considerable experience in a financial related discipline, such as banking, finance/accounting, management/management consulting, or be a small business owner. SECTION 6. Meetings. Meetings shall be at the call of the chair, provided the committee shall convene no less often than twice during the budget preparation cycle (June - September). 2 Date Prepared: June 4, 2008 Resolution 53, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTlONS\budget oversight committee - re-establish- reso 53 2008.doc 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 2, 2008 Meeting Date: June 19, 2008 Resolution 51, 2008 SubjecUAgenda Item: Resolution 51 , 2008, approving appointment of a regular member to the Budget Oversight Committee. [XI Recommendation to APPROVE [ ] Recommendation to DENY @ Cit Attorney Department Director City Ma<age/ Originating D Advertised: Date: Paper: [XI Not Required Affected parties # ty [XI Not required costs: $ -0- (To tal) $ -0- Current FY Funding Source: [XI Operating [ ] Other Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 51, 2008 Exhibit “A (Applications) [ ]None Date Prepared: June 2, 2008 Meeting Date: June 19, 2008 Resolution 51, 2008 0 BACKGROUND: On June 15, 2006, Council approved the expansion of the Budget Oversight Committee from three to five members. On March 19, 2008, Committee member John Chaplik was dismissed due to violating the enabling Ordinance’s provisions concerning absenteeism. Therefore, there currently is one vacant position on the Committee. Staff published notices of the vacancy at City Hall, on the City Website, and in the Palm Beach Post. In addition to three applications that have remained on file, one additional application was received, for a total of four applications. In accordance with Ordinance 17, 2004, Council may interview prospective candidates and, in a public session, shall select the person to fill the vacancy. 0 MISCIOTHER STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 51, 2008, approving the appointment of a regular member, to be determined by the City Council, to the Budget Oversight Committee. 0 RESOLUTION: Attached. Date Prepared: June 2, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 51,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Resolution 64, 2006 provides for the Budget Oversight Committee to be comprised of five (5) regular members; and WHEREAS, there is one (1) regular member vacancy, and Section 2-86, Code of Ordinances, requires vacancies to be filled ; and WHEREAS, notice of vacancies has been posted at City Hall, on the City Website, and published in the Palm Beach Post; and WHEREAS, the City Clerk has compiled applications of all interested persons who wish to serve as members of the Board, which is attached hereto as Exhibit “A; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointment of the following individual as a regular member of the Budget Oversight Committee: Regular Member Term SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: June 2, 2008 Resolution 51, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney 23 24 25 26 VOTE: 27 28 MAYOR JABLIN 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 39 40 41 42 43 44 4s .- 46 G:\attorney-share\RESOLUTlONS\appointment - budget oversight committee - res0 51 2008.docx 2 EXHIBIT “A” Date Prepared: June 2, 2008 Resolution 51, 2008 CITY OF PALM BEACH GARDENS MEMORANDUM TO: May or/Counci 1 DATE: June 2,2008 FROM: Patricia Snider, City Clerkfj SUBJECT: Advisory BoardCommittee Appointments As per the staff report attached, Section 2-86 - Procedures for appointment and filling vacancies for membership of boards and committees shall be made at a regular city council meeting in accordance with the following procedures: 1. The City Clerk shall place on the council agenda the list of volunteers, including current members who seek appointment. 2. The attendance and voting records will be provided for current members. 3. The City Council may interview board and committee members who desire reappointment and volunteers from the City Clerk’s list. 4. The City Council shall, in public session, select the person(s) needed to fill such vacancy. Attached are the applications currently on file. These include any current members that have expressed an interest in maintaining their appointment. Please let me know if you have any questions. cc: Ron Ferris, City Manager R. Max Lohman, Interim City Attorney Allan Owens, Staff Liaison Kara Irwin, Staff Liaison Charlotte Resensky, StafTLiaison BOC APPLICATIONS TO ALLAN OWENS Application for City Advisory BoardCommittee Appointment Please Note: Pursuant to FS 1 19.07 the informationprovided in this application is considered to be public record, except as provided by law. city: PA. A, . Years of Residency? 3A Zip: 32 rc/ n Home Phone Number: c6yJa--3p~Work Phone Number: ( )&& E-mail addressimca I@ &//ouTH. &kT WHICH BOARD OR COMMITTEEARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board 0 Community Aesthetics Board 0 Education Advisory Committee 0 0 (generally meets 1'' Monday of each month at 5:30 pm) (meets 1'' Wednesday of each month at 5:30 p.ni.) (meets the 2nd Wednesday of each month at 7:OO porn.) Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.ni.) Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 am.) Budget Oversight Committee (generally meets twice a year during regular business hours.) Planning, Zoning s! Appeals Board * (meets the 2nd and 4Ih Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial interest form) If you have checked more than one box, which would be your: 1 I' Choice 2"d Choice 3'd Choice or Committee? ()() Yes ( )NO Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( Which one(s) Date(s) of Service: Are you able to attend: (x) daytime meetings ( ) Yes (>o No ) Yes (x) NO ) evening meetings What would you hope to AJ&& Li//C€/+ Present Employer: N/& Address: Profession: Position: Are you registered in the State of Florida?_q@- Another State: Are you licensed in the State of Florida: rm Another State: Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? ___ Preferred mailing address: ( Honie ( ) Office Could your occupation resent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or Committee: ( )YeshNo Please explain:-@ 0 P ~~~~~ ~ ~ ~ ~~~ ~ fekional Background (Please check the appropriate boxes) o 0 R Urban planningldesign o R Building construction R Horticulture and landscaping R Youth or adult educator R R a Attorney R Engineer $ Real estate professional a Landsurveyor 0 Banker Visual, performing or literary arts. Architect, Architecture designer, landscape designer A rfs and cultural institution management Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association. I By Code (Ordinance 17,2004), some BoardslCommittees have specific requirements for membership Educational Background: Didoma. Degree or Cer tificate Course of Study # AAA /Z{hq&EmE& 7 Are you registered to vote in Palm Beach County? (%Yes ( Have you participated in civic or community activities: Yes: ()o No: ( )No ) I understand the duties, role andAime commitment to the Boards or Committees to which I have applied. How did you learn about the Board or Committee for which you have applied: City's Web site: Community Group: Newspaper (specify) City's direct mail Brochure: Other: (specify) #Ty ~'d~l~e /L Prior to submitting an application, you are encouraged to attend one meeting Date attended: -~.vs,~~-t!- t'V2 &~%h5?5 Please return the application and resume to: City Clerk 10500North Military Trail Palm Beach Gardens,F133410 (561) 799-4121 Applications will be kept onfile in the City Clerk'sofficefor two (2)years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Application for City Advisory BoardKomrnittee Appointment I'kuw ,I'ow: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. Name: (t.- Pf-J/?L/ xar /$ (~* Home Address: 27, 8 C" /,,,I LL_ A~L, / I- City: P2/* A'~R,,/; i D Zip!$'3/6 Home Phone Number (&) 77~ y.f;+~ Work Phone Number ( ) 3 -3' F - J// 4 Years of Residency? / E-mail address: PL4' /5'/3/~ i & & L / I c'c ,*I WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: 0 0 Community Acstlictics Board ;] u il Budget Oversight Comniittrr Ll 4\rt iii Public Places Advisor! Board (meets grcl Tuewia! of each niontli at 5:30 p.nt.) (meets I" %'ediicrcln> of each month st S:30 p.ni.) Pai hs and Recreation Advisor) Board (meets the 3"' 3londn.r of each month at 7:OO p.111.) Economic 1)eseloprneiit Advisory Board (niccts tile 3rd liiiirsdn! of eacli nioiitli at X:~O a.111.) (niertci the 41h Tliur\da! of each month at 8:30 a.m.) (incets the lnd iIt1d 4"' 7 t~csdi~?~ of each moiith nt h:30 p.iil.) Planiiing, Zoning R: Appeals Roard + :I ~*t'itLEll..il[ of fi~i~fIlci~ll il1tt.i ("\I lo1 [!I) If you have checked more than one box, which would be your: 1 Choice 2'"' Choice @ Choice Are you currently serving on a Palm Beach Gardens Board or Committee" ( Which one(s) Previous service on City Boards or Committees'? ( ) Yes ( &) No ) Yes ( ) No Date(s) of Service - _ - Which ends) ____~_______I_ Are you currently serving on a Palin Reach County Board or Committee'' ( Which one(s) Previous service on County Boards or Committees? ( ) Yes ( ,L.) No J Yes ( ) No Which one(s) Date(s) of Service. . Are you able to attend: (X) daytime meetings ( 0 evening meetings to accomplish by participating'' / dr {A /&J .&Qk.j.( L~~-L)([ -'f.[L.', Q!c ,27,-t, L/iiU*- cr Present Employer: ~ &+)&lcluliJ.~j lil'w-juc (y Address. 14. ' L! f cc i. , , /--I pL-L-- -_ - - Profession. -2 c/ J C! cc F 1 r'osltlon. Pc-4 __ _~ ~__ _ - - ___ _-_L I' 4 LC ..I < i ;( i[.-i Are you registered in the State of Florida'? Another State Are you licensed in the State of Florida: Another State: Do you possess a City of Palm Beach Gardens occupational license? /c ) <.) How long liave you practiced the above profession? Prcfcrrecl iriailiiig aclclicss. (y,) Hoint. ( Could your occupation present a conflict of interest oil my whjed inailer discuxsed, rewaved or decided upon by the hard or Committee: ( :J;.J / tiL L( L, I', ) Office )Yes ( Aq No L 9 r I I'rofessional l5ackgroond (l'lease check the appropriate boxes) a $:sual, performing or literary arts. 0 Architect, Architecture designer, landscape desigier ' 0 Urban planning'design /J1c1 it c I, I: ( J - iL4 c c,t c r~ ICJ 1~ 6 L- -J Arts and cultural institution management /-/* i" @ Lt ' Buildingconstruction Gcrcj S(icLfrnc/ r//f (<(< dJ ~fl/~;~~i{~ 0 Horticulture and landscaping J Y$, Youth or adult educator 0 0 0 Attorney 0 Engineer 0 Real estate professional o Land surveyor pd Banker 1.. i-64 k /Cc /~C'{ICLCCI~ 0 Accountant Owdoperate a business in the City. Member of Business Development Board, North Palin Beach County Chamber of C'oininerce or PGA Comdor Association. i {/'< L1 11 iz/LiLJ f 11 -3d i/c 6 (J 4 Other /,I 611- -A~c ~w4 t //c ti /L ir. <d c LL- A I' L R? Code (Ordinnk 17: 2004). some Ronrcl~/Coniniittrcs have specific rrquiremeiits for inembership Educational Background: Diploma. Degree or Certificate Institution Course of Study AYA4 06 6CU&/L C*r &.;y&<A. //?A?- / // UL&<-/-< 41 --___ /_Si34'/9,, Z" /* ,' __ - - - . . - - ii Are you registered to vote in Palin Beach County'! (v )Yes ( Have yoii participated in civic or community activities: Yes: ( \) No: ( ) No ) I understand the duties, role and time commitment to the Boards or Committees to which I have applied -c -- Date HON did yoti lenrn about the Hoard or Committee for which ?ou hu\e applied: City's Web site: Coin m it it i t) (;roil p: hewsp:rper (specify) -\ Citj's direct inail Brochure: - __ Other: (specif?) Prior to submitting [in i1pplic.trtion. you are twcoirriigeti to irltenii one ritcefiny Date attended: Please return the application and resume to: City Clerk 10500 North Military Trail Palin Beach Gardens. FI 33410 (561) 799-4121 .~ipplicctrioris will he kept on file in the Citv Cierk'\ ofli~.e for- tllv (2) Iiwr.5 FOR USE BY CITY OF PALM BEACH GARDENS ONI,Y Appointed to: - Date of Appointment: __ Orientation Date: An licat~on for City Advisory Boud/Comrmtrc+ Appointment Please P'w: pursuOnt to FS 119.0; the infom*tion pr~vided i~ thjs applwbon 1s consi~ to be public ram cxccpt as provided by law. N~0:Holly Vath __ HomcAddrcn: 3867 Buttercup Circle N my: P BG Zip: 3341fl~ePhone~~(591 6Z5-6qec;)kPhoaeNumber.( 5pl 659-1270 Ycm of Res riency? 1994 E-drws: buttercuphv@aol .corn WHIC H BOAW OR COMMITTEE ARE YOU APPLYING FOR. 0 Art in Pubk Places Advfsor Board D Corwmnlty AWhcUa Board 0 PII ks and Recreation Add@( ry Board v BrC;set Ovcnlght Committee 0 Plar~~h& Zanlnp & Appeals Board (meets 3d Tuesday of each month at 530 pn.) (inem la Wcdncrdiy of each month at 531) pm.) (mew the Monday of tach month at 7:OO p.m) o ;rode Dcvtlopmtmt Ad4 ;ory Board (meets the 3a Thursday of each mnnth at 8:M a.m.) (meet8 tbt 4"' Tbarday of each month st 890 rm.) (meets the 2d and U' Tuclclryr of tach month sit 630 pm.) (*Required to file a strtemtnt of financial interest form) If you have cxcked more thnn one box which would be your: 1% Choice 2d Choice 5" Phoicc Art you cuh...tly amring on a P'ahn Be Ich Gardens Board or CommilIee? ( ) Yes NO Which m(s Mas smite an Clty Boards or Con mtted ( X) Yes ( ) NO mchmc(s' Blue Ribbon 199C&e(s)ofSenrice. Are you currdy king on a alm Be ah County Board or Commitcee? ( ) Yes ( NO Which me(s - SPA bpufi 133r /- prcviolls B~~ICC OXI County Boprds ob C Opmdtrc~~~? ( Which anc(s, m!C(S) Of !kWb: ) Yes ( ) NO An you able to attend. (&tlmc m mgo ( ) evening mating8 see re ;ume hcem Emp!oyn: HOW long be JC you practiced dre above profession? 17 f5. /' Prefd mailing address: p') H~C ( Could your cmupntion p office a dc of interest on my subject matter discussed rcvicwed or decided npon by the Board or Committee! )Yer( 7- )No Please explni I: - 061iw2008 ie:33 FAX ~6183~870~ HCDPBC FINANCE DEPARTMET Moo2 Are you reghad to vote inpalm Bur h Comy? /)Yes ( Have you puticipated in civic OK cow ldity activities: Yea: (4 No: ( ) )No ' How did you learn rbovt the Board or Coounittee for which ynu have applied: City's dl ect mail Brochure: Other: (specify) Prior 10 subiirimng an application. you ire encourdged to attend one meeting. Date attmdd: Pkase raturn the application ond reawn to: City Clerk 10500 North Milituy Td Palm Beach 3urdaq Fl33410 ' (561)799-4121 Applicatiow will be kept onjife in the I 'i~ Clerk's ofice for two (2) yeun. FOR USE E'Y CITY OF PALM BEA 3H GARDENS ONLY: - 06/16/2008 16:34 FAX 5618358708 HCDPBC FINANCE DEPARTXET @I 003 ‘L Holly Vath, CGFO 3867 Buttercup Circle N. Palm Beach Gardens, FL 33410 561 -301-9848 Employment History Contrslter Health Cafe District of Palm 3each County Octoller 2005 - present lrnplementing quarterly r !view of ail general accounts to ensure accuracy. Feviewed audit work pal ers Coordinated with externf I auditors to facilitete annual audit R3view monthly financia reports 0 Ensures general ledger i nd annual reports accurately reflect the District’s financial condition Eleveloping accounting F ilicics and procedures. Depuq Director of Administr: itive and Flnancial Sewices Assis’ant Finance Director Vlllags of Wellington Wellington. Florida October 2001 - October 200 5 8 b 9 9 9 9 Inplemented GASB 34 f nancial reporting model. Negotiated savings on b: lnklng fees. P.ssisted with debt financ ing. Revised Investment polic y. Facilitated Employee foc 4s group on compensation and benefits. Ir3plernented Health Re1 nbursement Account Benefit. Created custom reports o assist with audit and interim financial reporting. P ssisted with implement. dion of new utility billing software system. lrnplemented revised pel Ision plan with new provider a5 well as enhanced benefits. Inplernented self fundec dental insurance program. Ir7plemented quarterly II view of all general accounts to ensure accuracy. F:eviewed and prepared iudit work papers. Coordinated with external auditors to facilitate annual alidit. Ensures general ledger I nd annual reports accurately refled the Village’s financial condition. C‘eveloped and impltme it+ accounting policies and procedures Assis rant Finance Director City cf Palm Beach Gardens Palm Beach Gardens, Florid I October 1993 - October 200 I ? Ffepared information to )e submitted to bond rating agencies and bond consultants to establish first bmd rating for the City. Pssisted with General 0 illgation bond Issue. Leveloped annual five-y iar capital improvement plan as well as annual budget. Published annual budge on City web site. Assisted with developmc nt and implementation of new personnel policy which redesigned benefits for gnneral employees. Cirected workflow, supei tisd and trained accounting staff perfoming accounts payable, payroll, and b:Jsiness licensing. C:onsulted with citywide i epartments in the use of financial information and provided for their financial irlformational needs. Coordinated the review ( f all City financial records. __ 06/16/2006 16:34 FAX 5818358709 HCDPBC FINANCE DEPARTMET @ 004 I Holly Vath, CGFO Reviewed and prepared audit work papers. e Ensured general ledger ind annual reports accurately reflected the City's financial condition. 0 Frovides City managem! !nt and City Council with timely financial information regarding the City's financial position by prer arlng monthly and annual financial reports. Developed and impleme ited procedures to provide accurate end timely fiscal information. Obtaining the GFOA Db inguished Budget Award for the first time for City. Analyzed payroll and bel lefit data for union negotiations. Responsible for coordlnr tkn of inventory of fixed assets. Com-sbollerlDirector Data PI ~cessing City of Palm Beach Gardens Palm Beach Gardens, Florid 3 August 1989 - September 1E 93 0 e e 0 Supervised the daily fmz icial activities, including accounts payable. payroll, data processing and cccupational licensing, L ?der direction of the City Manager. Feviewed and prepared audit work papers. Frepared reports to ens re financial compliance with City, County, State and Federal laws. c.rdinances, and general accepted accounting principles. Evaluates and assists ci y departments With their data.processing requests. Researches and rewmr tends purchases of all data processing hardware and software. Expanded computer USE to all city departments. Planned and implemenh d migration to Local Area Network using Windows NT 4.0. Customer Support Manager Wonnation Management SE vices Omlnd Beach, Florida January 1988 -August 1989 0 Coordinated installation d government financial accounting software. Tested and evaluated cl anges to government payroll, accounts payable, utility billing, occupational licenses, building permit i. general ledger, and fixed assets software. Cjeveloped problem trac ;ing system. VJorked with end users t eveloping complete financial systems to meet financial needs determined by c!ients. Managed customer sup( ort staff. Coordinated with client t uditors on requirements for software generated reports. Customer Support Represer tative Information Management SE vices Orrnond Beach, Florida August 1984 - December 19 )7 0 0 lrrstalled payroll, accoun s payable, utility billingi occupational licenses, building permits, general ledger, and fixed assets software for municipal governments Provided training on pay ,011, accounts payable, utMy billing. occupational licenses, building permits, general ledger, and fie( essets software for municipal governments. Frovided phone and on ;ite software support for client base of 60 municipalitles. VJrOte end user manual! for accounts payable, utilrty billing, payroll and general ledger software. ~- 06/16/2006 16:34 FAX 5818358108 HCDPBC FINANCE DEPARTMET G?J 005 \ Holly Vath, CGFO Educatlon Embry Riddle Aeronautical L niversity Daytona Beach, FIonda Bachalar of Science, April 1 Z 84 Majo:': Computer Science Mino:-: Mathematics Fbritia Atlantic University Masters Public Administratio 1 - August 200 Professional Government Finance Officer i Association Budgel Reviewer Florica Government Finance Officers Association Chair, lnformatibn T. !chnology Committee Chair, Member Sew ces Committee School of Governmt nt Finance Committee Memberships and P tblications Committee President Treasurer Palm Beach County Finam Officers Association Florida Certifitd Governmen Finance Officer. 2002 Othe: AbllW:! to sdve complex wort problems using spreadsheet. database. and word processing software Expeil in conducting researc 1 to compile reports used in decision making. Ensures financial compliance with City, County, State and ;ederal laws, ordinances, and general accepted accounting principles Application for City Advisory BoardCommittee Appointment Please Nore: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as provided by law. Name: KEN ME~ARD Home Address: 85In E. GARDE A.l OPIKS ti acLE city: PAM REAC~ ~FIJS 2ip:WlO Home Phone Number: (%I) 6as-M Work Phone Number: &.I) 630-VLtq Years of Residency? 5 Y EARS E-mail address: \(enMec\srd ken,men&d. urn kMD '' OB' '3 yw) WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR: 0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 pm.) Pp Community Aesthetics Board (meets 1'' Wednesday of each month at 5:30 pm.) 0 Parks and Recreation Advisory Board (meets the 3'd Monday of each month at 7:OO pm.) 0 Economic Development Advisory Board (meets the 31d Thursday of each month at 8:30 am.) Budget Oversight Committee (meets the 4* Thursday of each month at 8:30 a.m.) Pp Planning, Zoning & Appeals Board (meets the 2"d and 41h Tuesdays of each month at 6:30 p.m.) (*Required to file a statement of financial Interest form) If you have checked more than one box, which would be your: I" Choice- 2nd Choice 3rd Choice-s Are you currently serving on a Palm Beach Gardens Board or Committee? ( Which one(s) Previous service on City Boards or Committees? ( ) Yes (3) No Which one(s) Date(s) of Service: Are you currently serving on a Palm Beach County Board or Committee? ( Which one(s) Previous service on County Boards or Committees? ( Which one@) Date(s) of Service: Are you able to attend: ()( ) daytime meetings ( )< ) evening meetings What would you hope to accomplish by participating? 06~4~~ ) Yes ( X) No ) Yes (>( ) No ) Yes ( X) No me ~MIM -- B RIN6 R FPESH MAT How 7HE TMrshsw BE I**D W\E3ESs DLd uws fm5Wm-l WL APrW A COMM~U -E APM CH m)A A BU61~JgSS palW-OF'V\Eu)~ Present Employer: H-RR b3 MN4 WT\NC =,LL c -dba: EASY CoMPuT~rlq Address: %'If I M\LdIAW . , 7RAIL. #IL . PALt.1 BEACI\ 6fiRb EN?, FL 33qlO Profession: C~MPUT~R CONWLTAW / w~a Position: CW MER /CEO Are you registered in the State of Florida? YES Another State: NO Another State: No YE5 ? Are you -in the State of Florida: Do you possess a City of Palm Beach Gardens occupational license? How long have you practiced the above profession? Preferred mailing address: ( Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by th Committee: ( )Yes()C)No Please explain: aa YEMS ) Home (x) Office Board or c [ Professional Background (Please check the appropriate boxes) 0 0 0 Urban planninddesign 0 0 Horticulture and landscaping 0 Youth or adult educator pl p P Attorney 0 Real estate professional SI~€R *I IS AN ARrHlTEcT P Banker -€R #I 15 A CawPvlEPI PRDGR~MMER Visual, performing or literary arts. Architect, Architecture designer, landscape designer Arts and cultural institution management Building construction Owdoperate a business in the City. Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association. 0 Engineer 6RamER *a AN E&CR\QRfi 0 Landsurveyor 4\=rlER*a IS 8t.J Awmn 0 Accountant , . bJb 1 mm SCtWL FOB ChRPENmY, 80 f WENT INTO C~W~OTV; r p Other ChWENTER I By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership Educational Background: FULL RESUME AVAICIIBIE UQON RMOESr Didoma. DeFree or Certificate Institution Course of Study cws nwt4 mwtb sA5soc .%6W MAFICU.cotW.CDLLL6E 6oslN~ Mr qHANbw4BNT D\PLcHA bMP. L INSTITUTE E vc6MWtX RW,)R oE Har).CR€NM Rd.T. SCHao L MmNlRY (%TIFWD MYELL ENBIIJEER) Aem-rRv PlRo A e F\ VE Are you registered to vote in Palm Beach County? (Y)Yes ( Have you participated in civic or community activities: Yes: (X ) No: ( If yes, please explain: HonE aVlrsEB M~OCU~TIWJ cOWITT)€s ; PDI. IPE mmRE$3, CoLLEQE WlJ0R.Y WRW, DVIF SmcC OEwm of +AM B E&N ) No ) \r 6LVMTEF.Q. . I understand the duties, role and time commitment to the Boards or Committees to which I have applied. How did you learn about the Bosrd or Committee for which you have applied: City’s Web site: >( Community Group: Newspaper (specify) City’s direct mail Brochure: Other: (specify) &G&~O#)ts I ,JA Prior to submitting an a plication, you are encouraged to attend one meeting. Date attended: @/7{8‘’ 05//$98 Please return the application and resume to: City Clerk 10500 North Military Trail Palm Beach Gardens, F133410 (561) 799-4121 Applications will be kept onjlle in the City Clerk’s oflce for two (2) years. FOR USE BY CITY OF PALM BEACH GARDENS ONLY: Appointed to: Date of Appointment: Orientation Date: Kenneth E. Menard 8510 E. Garden Oaks Circle Palm Beach Gardens, FL 33410 ~ (561) 3090131 Cell (561) 625-6669 Home kenmenard@kenmenard.com www. kenmenard.com SUMMARY Solid experience in all phases of business and organizational operations. Strong management skills with the ability to think outside the box to develop a team environment in all facets of business. Experience in running a business, accounting tasks, budgets proposals & development, and dealing with the public on various levels. Strive to become more active in the local government by means of serving on boards, committees, and charitable events. Extensive knowledge of computers, computer networks, and cabling and wire installations. EXPERIENCE Computer Consultant, MENARDS Consulting Services, LLC, Palm Beach Gardens, FL, May 2002 - Present Computer Repair and Service for 400 customers in greater Palm Beach Gardens area (2002-2004) Purchased EASY COMPUTING, INC. in May 2004 - Kept current location and expanded client base to over 4500 customers from Southern Blvd, to Wellington, to Martin County Line, to Atlantic Ocean. CEO of company. Management of Staff, Sales, AIP, AIR, Cash Flow, Advertisement, Purchasing, and all other facets of running a company in South Florida. Became a Dell Authorized Solution Provider, Dell Partner, and Dell Reseller. See website for further details: www,kenmenard.com I www.easvcomwtinainc.com Director of Information Technologies, Ballenlsles Country Club, Palm Beach Gardens, FL, 7996 - 2002 0 0 Management and maintenance of Novell NetWare file servers for five companies Management and maintenance of fiber optic cabling, CAT5 Ethernet cabling, and telephone cabling Support, purchasing, design, and maintenance of 156 computers and 32 networked printers Maintenance of 15 Point-Of-Sale terminals and hot printers in three restaurants on property Management and support of NEC NEAX 2400 PBX telephone switch with 185 handsets on property Management of entire I.T. staffing, training personnel, outside vendors, and subcontractors Yearly budget development for capital purchases and repair, and maintenance for five companies Maintenance and support for Channel 63 private community cable television Management and support for all software upgrades (ex: Kronos, ADP, Timberline, etc.) Co-owner, Herbal Solutions, Inc., Simsbury, CT, 7993 - 7995 Management and maintenance of Novell NetWare file server for retail store Management of sales and shipping staff personnel 0 Support, and maintenance of Microsoft Access customized database for retail sales Advertising, marketing, training, and publication of monthly newsletter Management of inventory, purchasing, and shipping functions Network Enaineer, DPF Data Services, Glastonbury, CT, 7992 - 7993 Novell CNE (Certified Novell Engineer) Novell network design, setup, and installations for customers Hardware and software repair for customers Inventory control, and new product evaluations Network Enaineer, Micro Networks of America, Farmington, CT, 7989 - 7992 0 Novell CNE (Certified Novell Engineer) Novell network setup, testing, and installation for customers Management of in-house intern personnel and sub-contractors Junior Purchasing Agent, Inventory control, and new product evaluations Hardware and software repair for customers 0 Buildlnq Maintainer. Public Works, Town of East Hartford, East Hartford, CT, 7986 - 7987 Perform carpentry tasks as assigned by Public Works Director Renovation of (5) five town fire houses, (painting, new tile floors, sheet rock, and structural braces) Building maintenance of Town Hall and Annex buildings Renovation of Police Department and Police Explorer Trailer Kenneth E. Menard 8510 E. Garden Oaks Circle Palm Beach Gardens, FL 33410 (561) 3090131 Cell (561) 625-6669 Home kenmenard@kenmenard.com www.kenmenard.com EDUCATION Electronic Technolonv and Computer Repair, Computer Processing Institute, East Hartford, CT, 1991 - 7992 Novell CNE, (Certified Novell Engineer), Greater Hartford Community College, Hartford, CT, 7990 - 1990 lClasses Taken Towards): Assoc Denree in Business Admin, Manchester Comm. College, Manchester, CT, 7987 - 7989 Camentrv Diploma, Howell Cheney Regional Vocational Technical School, Manchester, CT, 1981 - 1984 COMMITTEES AND BOARDS Architectural Control Committee, Garden Oaks Home Owners Association, Palm Beach Gardens, FL, 2007 - Present Finance Committee, Garden Oaks Home Owners Association, Palm Beach Gardens, FL, 2007 - Present Business Advisow Board, Lincoln Tech, West Palm Beach, FL, 2007 - Present Business Advisorv Board, PC Professor, West Palm Beach, FL, 2004 - Present Fund Ralslna Commlttee, Deaf Service Center of Palm Beach County, West Palm Beach, FL, 2002 - 2006 Police Explorer Associate Advisor, East Hartford Police Department, East Hartford, CT, 1986 - 1989 REFERENCES (Business & Personal) Business: Harriet Katz, 186 Commodore Drive, Jupiter, FL 33477 (561) 762-0263 Buslness: Marty Llst, The List Companies, 223 Sunset Avenue, Suite 110, Palm Beach, FL 33480 (561) 758-8535 Buslness & Personal: Arlene Montl, 13403 William Meyers Court, Palm Beach Gardens, FL 33410 (561) 346-7350 Buslness & Personal: Dan Mattson, 10429 St. Andrews Road, Boynton Beach, FL 33436 (561) 762-2923 Personal: Daniel Berk, 100 Lakeshore Drive, Apt #1255, North Palm Beach, FL 33408 (561) 889-3110 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 28,2008 Meeting Date: June 19, 2008 Resolution 48, 2008 SubjecVAgenda Item: Resolution 48, 2008, renewing contract for property and casualty insurance program to Preferred Government Insurance Trust for period from July 1, 2008 through September 30, 2009. [XI Recommendation to APPROVE [ ] Recommendation to DENY RF City ttorney Department Director Approved-by: &/A City M/an&er Originating Dept.: Finance &--- Advertised: Date: Paper: [XI Not Required Affected parties &<- otified [XI Not required Costs: $685.1 79 (Total) -- $ -0- Current FY Funding Source: [XI Operating [ ] Other Budget Acct.#: 001 -0900-51 9.4500 in General Services Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: P Resolution 48, P Exhibit “A PGlT 2008 Proposal [ ]None Date Prepared: May 28,2008 Meeting Date: June 19, 2008 Resolution 48, 2008 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. Staff has recently held discussions with our agent and representatives from PGlT concerning the renewal for next fiscal year. At the present time, rates in the property market are much more favorable than a year ago. The renewal quote for 1011 108-9130109 is $705,593, compared to the current premium of $802,593, resulting in a savings of $97,000. However, PGlT has agreed to cancel the remaining term of our current policy, effective 7/1/08, and re-issue at the current reduced rates, which would result in an additional savings of $20,414. The net effect would be a 15 month policy (7/1/08-9/30/09), with a total savings of $1 17,414. There are no changes in the deductibles from the current year policy. 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 workers’ compensation renewal will be presented to Council at a later date, after rates and experience ratings have been finalized. MISCIOTHER STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 48, 2008, approving award of the property and casualty insurance program for the period 711 108-9/30/09 to Preferred Government Insurance Trust. RESOLUTION: Attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION 48,2008 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. WHEREAS, the City desires to renew these insurance policies for the purpose of providing property and casualty liability coverage; and WHEREAS, the City received a renewal quote from Preferred Governmental Insurance Trust for the period from July 1, 2008, through September 30, 2009, attached hereto as Exhibit “A; and WHEREAS, the City Council wishes to renew property and casualty insurance policies from such firm; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards the renewal of insurance policies for property and casualty liability coverages to Preferred Governmental Insurance Trust, authorizes the Mayor to execute such contract, and authorizes the City Manager to execute any future renewal Addenda. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 28, 2008 Resolution 48, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlCl ENCY R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO I?@- Glattorney-share\RESOLUTIONS\renewal - pgit insurance- reso 48 2008.docx 2 Date Prepared: May 28, 2008 Resolution 48, 2008 EXHIBIT “A” RENEWAL QUOTE FOR City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 3341 0-4698 Renewal Quote No.: PKMFLlO50251108-07 Effective: 07/0 1 /2008 Presented by Public Risk Underwriters for: Wells Fargo Ins Services Southeast, Inc 2054 Vista Parkway Suite 400 West Palm Beach, FL 3341 1-2718 Renewal Quote Expiration Date:07/0 1/2008 Reference Number: 17797 0511 912008 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: 17797 05/19/2008 Named Covered Partv: City of Palm Beach Gardens Term: Coverage Provided By: Renewal Quote No.: 07/01/2008 to 10/01/2009 Preferred Governmental Insurance Trust PKMFLlO50251108-07 To protect members of the fund from large losses and to protect the financial security of the fund, the 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. Public Risk Underwriters, as part of Brown & Brown, is one of the premier insurance 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 allows us to tailor customized products and services to meet our clients' needs. Claim 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. 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 Reference Number: 17797 05/19/2008 Named Covered Party: City of Palm Beach Gardens Term : 07/01/2008 to 10/01/2009 Coverage Provided By: Preferred Governmental Insurance Trust Renewal Quote No.: PKMFLl 0502511 08-07 PROPERTY COVERAGE Building & Contents Limit. per attached schedule Extensions of Coverage Accounts Receivable Additional Expense Animals Loss of Business Income Debris Removal Demolition, Ordinance and ICC Fire Department Charges Fungus Cleanup Expense Lawns, Plants, Trees and Shrubs New Locations Personal Property of Employees Pollution Cleanup Expense Recertification Service Interruption Coverage Transit Errors and Omissions Vehicle Property Coverage Flood Limit - Per Occurrence and Aggregate Excess of NFIP, (whether purchased or not) Earthquake Limit - Per Occurrence and Aggregate TRIA (Including Inland Marine if applicable) Boiler & Machinery Deductibles Per Occurrence Building & Contents and Extensions of Coverage Per Occurrence for Named Windstorm Subject to Minimum of Per Excess Flood Per Earthquake $3 5,428,408 $250,000 $250,000 $1,000/$5,000 $250,000 $250,000 $25,000 $2,500/$10,000 $25,000 $ I,000,000 $25,000/$50,000 $50,000/$50,000 $1 00,000 $1 0,000 $100,000 $250,000 $15,000 $0 Not Included $0 Not Included $35,428,408 $1 0,000 5 Yo $25,000 $10,000 $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 3 Reference Number: 17797 05/19/2008 Named Covered Party: City of Palm Beach Gardens Term : Coverage Provided By: Renewal Quote No.: INLAND MARINE COVERAGE Communication Equipment Contractor's / Mobile Equipment Electronic Data Processing Equipment Emergency Services Portable Equipment Fine Arts Other Inland Marine Rented, Borrowed, Leased Equipment Valuable Papers Watercraft Inland Marine Deductible 07/01/2008 to 10/01/2009 Preferred Governmental Insurance Trust PKMFLI 050251 I 08-07 GENERAL LIABILITY COVERAGE Bodily Injury and Property Damage Limit Personal Injury and Advertising Injury Products & Completed Operations Aggregate Limit General Aggregate Limit Employee Benefits Liability Limit, per person Employee Benefits Liability Aggregate Limit Medical Payments Limit Fire Damage Limit No Fault Sewer Backup Limit General Liability Deductible Payroll Retroactive Date LAW ENFORCEMENT LIABILITY COVERAGE Law Enforcement Liability Limit: Per Person Per Occurrence Aggregate Law Enforcement Liability Deductible #of FT Officers 121 #of PT Officers 0 #of Volunteer Officers 0 Not Included $2,3 1 1,69 1 $320,739 Not Included $879,000 Not Included $200,000 $100,000 Not Included Per attached schedule $2,000,000 Included Included $4,000,000 $2,000,000 $4,000,000 1 0/0 1 / 1 999 $2,500 $50,000 $1,000/$5,000 $10,000 $22,067,865 $1,000,000 $1,000,000 $1,000,000 $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 4 Reference Number: 17797 05/19/2008 Named Covered Party: City of Palm Beach Gardens Term : Coverage Provided By: Renewal Quote No.: 07/01/2008 to 10/01/2009 Preferred Governmental Insurance Trust PKMFLlO50251108-07 PUBLIC OFFICIALS LIABILITY COVERAGE Public Officials Liability Limit Public Officials Liability Deductible Revenue EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE Per Claim Aggregate Employment Related Practices Liability Limit: Employment Related Practices Liability Deductible #of FT Employees #of PT Employees #of Volunteer Employees CRIME COVERAGE Form & Description: B - Forgery and Alteration C - Theft, Disappearance or Destruction F - Computer Fraud 0 - Employee Dishonesty, per loss I Per Claim Aggregate 524 50 38 Limit $50,000 $10,000 $50,000 $50,000 $2,000,000 $2,000,000 $25,000 $1,000,000 $1,000,000 $25,000 Deductible $1,000 $1,000 $1,000 $1,000 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 5 Named Covered Party: City of Palm Beach Gardens Term : 07/01/2008 to 10/01/2009 Coverage Provided By: Preferred Governmental Insurance Trust Renewal Quote No.: PKMFLlOSO2511 08-07 AUTOMOBILE COVERAGE COVERAGE Liability Personal Injury Protection Added PIP Auto Medical Payments ~ Uninsured I Underinsured Motorist Physical Damage Comprehensive Coverage Physical Damage Collision Coverage SYMBOL 1 5 N/A NIA NIA LIMIT $1,000,000 ~ Statutory Not Included Not Included Not Included Actual cash value or cost of repair, whichever is less, minus deductible. Hired Comprehensive limit: $35,000 Actual cash value or cost of repair, whichever is less, minus deductible. Hired Collision limit: $35,000 DEDUCTIBLE $50,000 $0 Per attached schedule Per attached schedule 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 Reference Number: 17797 0511 912008 Named Covered Party: City of Palm Beach Gardens Term : 07/01/2008 to 10/01/2009 Coverage Provided By: Renewal Quote No.: PKMFLlO502511 08-07 Preferred Governmental Insurance Trust EXCESS WORKERS' COMPENSATION COVERAGE Part I Worker's Compensation Limit Part I1 Employers' Liability Limit Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Self Insured Retention Each Accident Agreement Limit Each Employee NIA NIA NIA NIA 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 Reference Number: 17797 05/19/2008 Named Covered Party: Citv of Palm Beach Gardens Term: Coverage Provided By: Renewal Quote No.: TOTAL PREMIUM DUE 07/01/2008 to 10/01/2009 Preferred Governmental Insurance Trust PKMFLI 050251 1 08-07 $883,276 Pay Term: Annual Payment of $177,683.00 is due 07/01/2008. Final payment of $705,593.00 is due 10/01/2008. RENEWAL QUOTATION TERMS & CONDITIONS INCLUDING BUT NOT LIMITED TO 1 .All c overages requested may not be offered in this renewal quote. 2.Re newal quote is subject to review and acceptance by PGIT Board of Trustees 3.The C overage Agreement shall be 50% minimum earned as of the first day of the "Coverage Period". 4.TRIA Cov erage excluded for all property and inland marine exposures. 5.Tot al premium due within 30 days of inception. 6.Dele tion of any coverage presented, Package and/or Workers' Compensation, will result in repricing of 7.Re quest to bind must be received in writing via email prior to the effective date of coverage. If request 8.Cov erage is not bound until confirmation is received from a licensed representative of Public Risk account . is not received prior to that date there is no coverage and the file is closed. Underwriters. Additional terms and conditions, including but not limited to: 1) Quote is subject to receipt ofthe following information by July 1, 2008: a) Signed first page of the PGIT Application (Florida Fraud Statement) b) Initialed and signed PGIT POLEPLI Application c) Signed UM form J d) Signed Signature Page 2) The estimated credit from cancelling the 07-08 coverage agreement currently in force, agreement number P2 FLl 05025 11 07-06, will be $198,097. The credit invoice will be sent under a separate email at time of binding. 3) The 15 month coverage term is only available for package coverage a) Limits and deductibles may be quoted and changed via endorsement after October 1, 2008 for the period 10/1/08 - 10/1/09 b) Schedule changes will be handled via endorsement after October 1, 2008 for the period of c) Exposures changes will be handled via endorsement after October 1, 2008, for the period 7/1/08 - 10/1/08 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 7/1/08 - 10/1/09, depending on lines of Coverage Bound: - Revenues - Payroll - Employee Count - Police Officer count d) Binder request from PGIT members must be received prior to 7/1/2008 e) A statement will be issued effective 7/1/2008 reflecting both a credit for the fourth quarter rate reduction and an invoice for the fifteen (15) month premium for 7/1/08 - 10/1/09. The annual premium net ofthe credit will be due on 10/1/08 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 Reference Number: 17797 05/19/2008 AGENCY INFORMATION RECAP Named Covered Party: City of Palm Beach Gardens 07/01/2008 to 10/01/2009 Preferred Governmental Insurance Trust - I, .-n Term: Coverage Provided By : Renewal Quote No.: PKMFLl 050251 1 08-07 PREMIUM BREAKDOWN Property (includes Flood/Boiler & Machinery if applicable) Inland Marine Crime General Liability Public Officials Liability Educators Legal Liability Employment Practices Liability Law Enforcement Liability Automobile Liability Automobile Physical Damage Garage/Garage Keepers Excess Workers' Compensation TOTAL PREMIUM DUE $391,061 $3 1,018 $1,183 $73,425 $65,107 Not Included $32,553 $93,904 $1 16,785 $78,240 Not Included Not Included Commission The brief descriotlon of coverage contamed in this document is being provided as an accommodation only and IS not intended to cover or $883,276 8.5 70% scribe i Coverage Agree'ment terms Fir more complete and detailed information relat~ng to the scope and limits of coverage, please refer directly to the Coverage Agreement documents Specimen forms are available upon request Page IO Named Covered Pam: Citv of Palm Beach Gardens Term : 07/01/2008 to 10/01/2009 Coverage Provided By: Preferred Governmental Insurance Trust '"' Renewal Quote No.: PKMFLlO50251108-07 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 12.5% 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 Adjustment Claims Liaison with Insurance Company Claims Liaison with PGIT Members 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 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 0 Coverage review 0 Policy Review 0 Current Market Intelligence 0 Claims Liaison with Insurance Company 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 12 IYSURANCE TRUST COVERED PARTY: City of Palm Beach Gardens AGREEMENT NO.: PKMFLI 0502511 08-07 AGREEMENT PERIOD: 07/01/2008 To 10/01/2009 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: rn' a. I hereby reject Uninsured Motorist coverage. 0, 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. 08 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. 0 I 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. PGlT 398 (07 05) Signed (Covered Party) Signed (Covered Party) Date: 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 PUBLIC ENTITY SIGNATURE PAGE Covered Party: City of Pz..n Beach Gardens Agreement Number: PKMFLI 050251 1 08-07 Coverage Period: From: 07/01/2008 To: 10/01/2009 I hearby confirm that limitslcoverages as shown hereunder, corresponding with the Coverage Agreement, are correct: IXI Ixi (XI IXI IXI Property TIV $35,428,408 Buildings 8, Contents Combined Inland Marine Not Included Communication Equipment $2,311,691 Contractor's I Mobile Equipment $320,739 Electronic Data Processing Equipment Not Included Emergency Services Portable Equipment $879,000 Fine Arts Not Included Other Inland Marine $200,000 Rented, Borrowed, Leased Equipment $100,000 Valuable Papers Not Included Watercraft I reject TRlA (Terrorism Risk Insurance Act) coverage Automobile 265 # of Units - Auto Liability 265 # of Units - Comprehensive 265 # of Units - Collision I hereby confirm that I have received a copy of PGIT's Current Interlocal Agreement (effective October 1, 2004) I confirm having read and agreed to the terms as laid out in the attached PGlT Participation Agreement (which also requires a signature) Please remember that a signed copy of the following are also required: First Page of PGlT application Uninsured Motorist Rejection l Election form, if applicable Professional Liability (POL I EPLI or ELL l 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 14 Reference Number: 17797 Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens 07/01/2008 10/01/2009 07/01 12008 10/01/2009 ~~ $3,486,117 $500,000 $23,616 ........................................................................ $3,986,117 ........................................................................ $23,616 $0 07/01/2008 10/01/2009 ~~ $16,869 ........................................................................ $16,869 $0 07/01 12008 $8,855 10/01/2009 $0 07/01 12008 $17,948 10/01/2009 $0 ........................................................................ ........................................................................ ~ ~~ $8,855 $17,948 07/01 /2008 $7,000 10/01/2009 $0 ........................................................................ $7,000 07/01 12008 $7,000 10/01/2009 $0 ........................................................................ $7,000 1 07/01/2008 $3,180 1 53,180 ........................................................................ ~ 10/01/2009 $0 ..................................................................... $342 t 07/01 12008 10/01/2009 07/01 12008 10/01/2009 07/01 12008 10/01/2009 07/01 /2008 10/01/2009 ~ ~~ $3,420 so $600,000 ........................................................................ $3,420 ........................................................................ $720,000 $120,000 $250,000 $250,000 ........................................................................ $500,000 - Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01 12008 through 10/01/2009 Unit # - 00 1 Description Address City Hall 10500 N. Military Trail Palm Beach Gardens, FL 33410 Emerg. Generator - next to city hall 10500 N. Military Trail Palm Beach Gardens, FL 33410 Year Built Eff. Date Building Value Term Date Contents Value ..................................................................... Total Insured Value Const Type 2000 151 . MFR ....................... 1998 002 - 003 - 004 152 - NC 2000 Police Station 10500 N. Military Trail Palm Beach Gardens, FL 33410 Police Sta Parking Area Fencing 10500 N. Military Trail Palm Beach Gardens, FL 33410 Fire Station #1 10500 N. Military Trail Palm Beach Gardens, FL 33410 151 - MFR 2000 152 ~ NC 2000 005 - 006 - 007 - ooa - 009 - 010 152 - NC 1976 Storage Museum at Fire Station 10500 N. Military Trail Palm Beach Gardens, FL 33410 Fire Training Tower 10500 N. Military Trail Palm Beach Gardens, FL 33410 152 - NC 1979 119 - JM Parks Maint. Complex 10500 N. Milit. Trl,E.Side Palm Beach Gardens, FL 33410 Hoover 5 hp irrigation purnplMilitary Tr/Earmin 10500 N. Milit. Trl,E.Side Palm Beach Gardens, FL 33410 2000 152 ~ NC 2006 Pump/ Lift Station ....................... 251 - Hoover 5 hp irrigation pumplMilitary TR/EPB3 10500 N. Milit. Trl,E.Side Palm Beach Gardens, FL 33410 2006 Pump/Lift Station ....................... 251 - 36 sta map sentinel irrig ctrollerlMunicipal Complex 10500 N. Milit. Trl Palm Beach Gardens, FL 33410 12 Sta Satellite Sentinel lrrig Ctrller/Burns Rd West 10500 N. Milit. Trl,E.Side Palm Beach Gardens, FL 33410 12 Sta Satellite Sentinel lrrig CtrllerlMilitary tr/EPB3 10500 N. Milit. Trl,E.Side Palm Beach Gardens, FL 33410 2005 01 1 - 012 - 013 - 014 152 - NC 2006 152 - NC 2006 152 ~ NC 1990 101 - Framt ....................... Golf Course Clubhouse 11401 Northlake Blvd. Palm Beach Gardens, FL 33410 Golf Course Maintenance Bldg. 11401 Northlake Blvd. Palm Beach Gardens, FL 33410 1990 015 152 - NC 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 Reference Number: 17797 ............................................... $120,000 11401 Northlake Blvd. Palm Beach Gardens, FL 33410 251 . 10/01/2009 so Pump/ Lift Station Golf Course Irrigation Controllers 1990 07/01 12008 $40,000 11401 Northlake Blvd. _...._..__._..____ ............................................... $40,000 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 131 - FR 10/01/2009 $100,000 Fire Station #3 2002 07/01 12008 $1,911,742 __. ......................... ............................................... $2,011,742 5161 Northlake Blvd Hoover 10 hp Irrigation pump 2006 07/01 /2008 $14,000 . _____ ____.._.....___.___ _______________._....... . . ... .......................... ._..............- 5161 Northlake Blvd so Palm Beach Gardens, FL 33410 $14,000 251 10/01/2009 PumplLift Station 4-Hoover irrigation pump I 2004 I 07/01/20081 $25,0001 Nlakell 95 interchange $25,000 Palm Beach Gardens, FL 33410 36 Sta Satellite sentinel irrig ctrllers 2006 07/01 12008 $4,620 5161 Northlake Blvd Public Works Office 1971 07/01 12008 $449,822 3704 Burns Road Palm Beach Gardens, FL 33410 152 - NC 10101 12009 $157,500 Public Works Garage 1971 07/01/2008 $168,683 3704 Burns Road Palm Beach Gardens, FL 33410 152 - NC 10101 12009 $25,000 Teen Center / Restrooms 1970 07/01 12008 $47,231 Plant Drive Park Palm Beach Gardens, FL 33410 119 . JM 10/01/2009 $6,300 Storage E& Pressbox 1970 07/01/2008 54,723 Plant Drive Park New Rstrms/Concess.By Roller Rk 2000 07/01 12008 $67,473 Plant Drive Park Station ............................. -.---------------- $4,620 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so ............................................... $607,322 _____________._.......... ..................................... ---------- $1 93,683 _________________________ ....................... ........................ $53,531 ............................................ --- $4,723 Palm Beach Gardens, FL 33410 152 ~ NC 10/01/2009 so Palm Beach Gardens, FL 33410 119 - JM 10/01/2009 $1,000 .....____________________ ............................................... $68,473 Maintenance Building 1970 07/01 12008 $47,231 Plant Drive Park Palm Beach Gardens, FL 33410 119 - JM 10/01/2009 $5,000 $1 1,246 .................__._____ ............................................... $52,231 $1 1,246 ____________________.... _._..............._.____ ............................................. Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01 /2008 through 10/01/2009 Unit # I 1 016 k II k I 018 I 019 1 022 1 023 I 024 1 025 1 026 1 027 1 028 I 029 Description Year Built Eff. Date ______________ __________ __________._..._.......~ Address Constlype Term Date 1 1990 1 07/01/20081 $160,000 Total Insured Value Solf Cart Barn 11401 Northlake Blvd. ........................ _._____.._.............. ....._.._.___. ............................... Palm Beach Gardens, FL 33410 152 - NC 10101 /2009 The brief description of coverage contained in this document IS being provlded 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: 17797 Description Year Built ________________________ Address ConstTvDe Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Eff. Date Term Date ___.__._ ................ Total Insured Value Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01 12008 through 10/01/2009 &%ng Cage and Storage Bldg. 1970 119 - JM ____________________..... Plant Drive Park Palm Beach Gardens, FL 33410 Field Lighting 1970 Plant Drive Park Palm Beach Gardens, FL 33410 ._____.__................ 243 Electrical Equipment Scoreboard 1970 Plant Drive Park Unit # E 1 030 k loll k k 1 032 I 033 I 036 I 038 I 039 1 042 I 043 1 044 I 045 07/01 /2008 $231 1 10/01/2009 $1,000 ............................................... $3,811 07/01 12008 $353,250 so 10/01/2009 ............................................... $353,250 07/01 12008 $3,936 ......................................... -.---- $3,936 Plant Drive Park $100,000 Palm Beach Gardens, FL 33410 Equipment Skate Park Lighting 1970 07/01/2008 $250,000 Plant Drive Park Palm Beach Gardens, FL 33410 . ___..__................. ............................................... $250,000 243 10/01/2009 so Bleachers (2) 1970 07/01 12008 $1 1,000 Palm Beach Gardens, FL 33410 131 -FR 10/01/2009 $0 12 Station Map Sentiel lrrig Contrller 2006 07/01 12008 $2,820 Plant Drive Park .............._._________ - $2,820 Palm Beach Gardens, FL 33410 131 - FR 10/01/2009 so Basketball Cout lighting 2006 07/01 12008 $28,000 Palm Beach Gardens, FL 33410 131 - FR 10101 12009 so Baseball Field Lighting I 1975 I 07/01/20081 $449.8221 Electrical Equipment ......................................... ------ $1 1,000 Plant Drive Park .___......_..___.________ ............................................... $28,000 Plant Drive Park Burns Rd E.of City Hall Palm Beach Gardens, FL 33410 5449,822 Equipment S. Restrom /Conc. lStoragelPressbox 1975 07/01/2008 $69,723 Burns Rd E.of City Hall Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $25,000 N. Restroom h Concession 1975 07/01/2008 $69,723 Burns Rd E.of City Hall Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $25,000 3 Pavilions at baseball field 2000 07/01 12008 $30,363 Burns Rd E.of City Hall 16 Dugouts 2000 07/01 12008 $107,957 ...._...._...._.________ ............................................... $94,723 . .................__.___ ............................................... $94,723 .. .... . ....-.. .._._._____ ................................... . ... ........ $30,363 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $0 Palm Beach Gardens, FL 33410 131 -FR 10/01/2009 $8,000 .__________._ ~ ____..._.__ ............................................... $1 15,957 Burns Rd E.of City Hall Plant Drive Park Palm Beach Gardens, FL 33410 ._.._.__.._............ 1 152-NC Roller Hockey Sports Lighting I 2006 $1 68,06 1 07/01 /20081 $1 00.00ol 1 I ---- 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 17 Reference Number: 17797 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Unit # Total Insured Value Description Year Built Eff. Date Building Value Address Const Type Term Date Contents Value ................................................................................................. Ballfield Fencing 2000 07/01 /2008 $202,420 ................................................................................................. 046 Burns Rd E.of City Hall $202,420 Palm Beach Gardens, FL 33410 152 ~ NC 10/01/2009 $0 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 ~ NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so 243 10/01/2009 so Soccer Field Fencing 2000 07/01 12008 $100,000 243 10/01/2009 so Foul Ball Netting 2000 07/01 12008 $1 12,455 Burns Rd E.of City Hall 7 Batting Cages 2000 07/01 12008 $47,231 Burns Rd E.of City Hall Scoreboards (8) 2000 07/01 12008 $65,000 Burns Rd E.of City Hall Shade Sturctures (16) 2006 07/01 /2008 $48,000 Burns Rd E.of City Hall Bleachers 2000 07/01 /2008 $27,000 Burns Rd E.of City Hall Playground Equipment 2000 07/01 12008 $25,000 Burns Rd E.of City Hall Restroom Facility 2000 07/01 12008 $90,000 Burns Rd E.of City Hall Soccer Field Lighting 2000 07/01 /2008 $900,000 Burns Rd E.of City Hall Palm Beach Gardens, FL 33410 ................................................................................................ $1 12,455 047 ................................................................................................. $47,231 048 ................................................................................................. $65,000 049 ................................................................................................. $48,000 050 ................................................................................................. $27,000 051 ................................................................................................. $25,000 052 ................................................................................................. $90,000 053 ................................................................................................. $900,000 054 Electrical Equipment ................................................................................................. $100,000 055 Burns Rd E.of City Hall Palm Beach Gardens, FL 33410 Electrical Equipment Soccer Goals 2000 07/01 12008 $25,000 Burns Rd E.of City Hall Hoover 5HP submersible irrig pump 2003 07/01 /2008 $6,000 Palm Beach Gardens, FL 33410 ................................................................................................. $25,000 056 Palm Beach Gardens, FL 33410 152. NC 10/01/2009 so 251 10/01/2009 so ................................................................................................. 057 Burns Rd E.of City Hall $6,000 Pump/Lift Station 36 Sta Satellite sent.1 irrig ctrollers 2005 07/01 12008 $4,620 ................................................................................................. 058 Burns Rd E.of City Hall $4,620 Palm Beach Gardens, FL 33410 131 - FR 10/01/2009 so Pool Complex Off /Restrooms 1989 07/01 /2008 $200,000 059 4404 Burns Road $230,000 ................................................................................................. Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $30,000 Scheduled items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens . The brief description of coverage contained in this document is being provlded 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: 17797 Scheduled items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Description Year Built Eff. Date Building Value Address Const Type Term Date Contents Value Total Insured Value ......................... ............................................... 1981 07/01 12008 $230,000 Outdoor Pool Et Slide 4404 Burns Road Palm Beach Gardens, FL 33410 $230,000 ......................... ............._..._______________________------- 223 On 10/01 /ZOO9 $0 Ground Liquid Storage Tank 2005 07/01 12008 $3 50,000 Outdoor Splash Playgrd 4404 Burns Road Pool Equipment Bldg. Et Lighting 4404 Burns Road $3 50,000 ......................... ......... . ............... .......___._________ ___________________________ Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so $125,000 $150,000 I $275,000 1 2004 I 07/01/2008~ _____.._____.__.________ ........................ ...._._______.._________________________..... Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 Agreement No.: PKMFL1 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) 07/01 12008 10/01/2009 _........................ Agreement Period: 07/01 /ZOO8 through 10/01/2009 $80,000 so 580,0 .............................. __________.___._. Unit # I 061 1 062 II I 064 I 065 1 066 I 067 I 068 I 071 1 072 1 073 I 074 I 075 Fitness Equipment 4404 Burns Road 12 Sta Satellite Sentinel lrrig CtrllerlRivenide Youth Burns Road West Palm Beach Gardens, FL 33410 r_i-L-^-r Palm Beach Gardens, FL 33410 2006 ..___..._.....__._______ 152 ~ NC 2005 ........................ 152 ~ NC Competition Pool 4404 Burns Road Palm Beach Gardens. FL 33410 07/01 /ZOO8 10/01/2009 07/01 12008 10/01/2009 ....................... Pool Cplex Shade Struct.EtFencing 4404 Burns Road Palm Beach Gardens, FL 33410 Community Center 4404 Burns Road Palm Beach Gardens, FL 33410 $3,000 $0 $3,420 $0 $3,000 ............................................... $3,420 ............................................... 2005 223 - On Ground Liquid Storage Tank 2005 ....................... 152 - NC 1981 152 ~ NC $350,0( Storage and Announcers Stand Ryder Cup Blvd€tN.Lke Blvd. Palm Beach Gardens, FL 33410 07/01 120081 $1 6,531 I 10/01/20091 $4 $16,531 07/01/2008 $16,531 10/01/2009 $3,150 $1 9,681 ............................................... I 1984 I 07/01/20081 1 Tennis Crts;BalLfieldEtBketball Lighng Ryder Cup Blvd&N.Lke Blvd. Ballfield Scoreboards - 2 Ryder Cup Blvd€tN.Lke Blvd. ..__._.....__......_... Palm Beach Gardens, FL 33410 152 - NC 1984 Palm Beach Gardens, FL 33410 152 - NC $ 500,000 ............................................. 1 $7,872 $7,872 I so I 07/01 /ZOO8 10/01/2009 ....................... ............................................. 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: 17797 Year Built Eff. Date Const Type Term Date _._........._.._..... Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Building Value Contents Value Total Insured Value ............................................... Agreement No.: PKMFLI 050251 1 08-07 Agreement Period: 07/01 12008 through 10/01/2009 Agent: Wells Fargo Ins Setvices Southeast, Inc (West Palm Beach, FL) 2000 07/01 /ZOO8 152 - NC 10/01/2009 2000 07/01 12008 152 - NC 10/01/2009 _____ ___._.____._...____... .......... ...... Unit # I I 076 k I o7a $75,000 $0 $75,000 ............................................... $1 5,000 $1 5,000 ...............__.______________________...~~~~ so I 079 1 oao 1 oai I 082 I oa3 2006 07/01 12008 152 - NC 10/01/2009 ...................... Description Address Tennis Courts Et Ballfield Fencing iyder Cup BlvdEtN.Lke Blvd. Jalm Beach Gardens, FL 33410 Irrigation Well, Pump, Et Ctrl Panel Ryder Cup BlvdEtN.Lke Blvd. Palm Beach Gardens, FL 33410 $3,420 so $3,420 ............................................... Playground Equipment Ryder Cup BlvdEtN.Lke Blvd. Palm Beach Gardens, FL 33410 2006 152 - NC _.__._..._....._.._... Goals/ Equipment Ryder Cup BlvdEtN.Lke Blvd. Palm Beach Gardens, FL 33410 Fire Station #2 Campus Dr Et RCA Blvd. Palm Beach Gardens, FL 33410 12 Sta Satellite Sentinel lrrig Ctrller Campus Dr & RCA Blvd. Palm Beach Gardens, FL 33410 Emerg. Generator Campus Dr Et RCA Blvd. Palm Beach Gardens, FL 33410 Fire Station #4 1 1264 Jog Road Palm Beach Gardens, FL 33410 12 Sta Satellite Sentinel lrrig Ctrller 1 1264 Jog Road Palm Beach Gardens, FL 33410 07/01 12008 $2,820 10/01/2009 so $2,82C ......................... ... . ........................................... Recreation Center 10170 Riverside Drive Palm Beach Gardens, FL 33410 ~~~~~ ~-~~ 1991 07/01/2008 $75,000 ._______._.____.._._.. ......................... ... ........................................... 131 - FR 10/01/2009 so 1991 07/01 /ZOO8 $8,434 ...................... .......... _. . . .......... ................. . .......................... ... 152 - NC 10/01/2009 Sl0,O~ 1991 07/01/2008 $32,000 152 - NC 10/01/2009 so ._________.__.____..__ ............................................... Concession Stand / Restroom E. MacArthur Blvd. Palm Beach Gardens, FL 33410 16 Dugouts E. MacArthur Blvd. Palm Beach Gardens, FL 33410 Metal Storage Bldgs - 2 E MacArthur Blvd. Palm Beach Gardens, FL 33410 $75,000 $18,434 $32,000 Scoreboards - 4 E. MacArthur Blvd. Palm Beach Gardens, FL 33410 Ba llf i e ld Fencing E. MacArthur Blvd. Palm Beach Gardens, FL 33410 1985 I 07/01/20081 $01 Station I I $30,000 2002 I 07/01/20081 -$I ,582,0001 152 - NC I 10/01/20091 $ 1 00,000l 1 $1,682,000 1991 I 07/01/20081 $450,0001 152 - NC I 10/01/20091 $50,0001 $500,000 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 20 Reference Number: 17797 Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Unit # 091 Agreement No.: PKMFLl 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01 /2008 through 10/01/2009 Description Address Restroom Facility E. MacArthur Blvd. Palm Beach Gardens, FL 33410 Year Built Const Type 103 Eff. Date Building Value Term Date Contents Value ................................................................................................. Total Insured Value $400,000 Equipment 2006 07/01 /zoo8 $50,000 152 - NC 10/01/2009 so 2006 07/01 12008 $90,000 152 ~ NC 10/01/2009 so 2006 07/01 17.008 $75,000 ................................................................................................. $50,000 ................................................................................................. $90,000 Batting CageslPractice Area ................................................................................................. 096 E. MacArthur Blvd. $75,000 Palm Beach Gardens, FL 33410 152 - NC 10/01 /ZOO9 so - I 104 107 1 105 1 106 Electrical I .............................................................................................. $25,000 $25,000 so I Hoover 15 hp turbine irrg pumplwith 5HP Jockey 2006 1 07/0i/zooa1 099 E. MacArthur Blvd. Palm Beach Gardens, FL 33410 131 . FR 10/01/2009 - 36 Sta Satellite Sports Complex 2004 ........................ 100 E. MacArthur Blvd. Palm Beach Gardens, FL 33410 152 - NC - 2006 12 Sta Map Sentiel lrrig Ctroller ........................ 101 E. MacArthur Blvd. Palm Beach Gardens, FL 33410 152 - NC - 1998 Tennis Center ClubhouselOffice ........................ 102 5110 117thCourtN Palm Beach Gardens, FL 33410 119 - JM 1998 Tennis Crts - 13, w/ fencing, lighng 5110 117th Court N Maintenance Building 5110 117th Court N ........................ Palm Beach Gardens, FL 33410 ........................ Palm Beach Gardens, FL 33410 131 -FR 1998 119 - JM 1997 236 - Broadcast Towers 2003 Repeater Tower Hood Road Palm Beach Gardens, FL 33410 ........................ Mirasol Park-Recreation Bldng 12385 JO~ Road Concession/ Restroom /Storage 12385 ~og Road Palm Becah Gardens, FL 33410 ........................ Palm Becah Gardens, FL 33410 119 - JM I 2003 093 095 ....................... 1 119- JM Shade Sturctures (6) E. MacArthur Blvd. Palm Beach Gardens, FL 33410 Playground Equipment E. MacArthur Blvd. Palm Beach Gardens, FL 33410 07/01 /2008 10/01/2009 07/01 12008 10/01/2009 $4,620 so $2,820 so ........................................................................ $4,620 ........................................................................ $2,820 07/01 /20081 $112,4551 07/01/2ooa 10/01/2009 07/01/2008 10/01/2009 07/01 12008 10/01/2009 10/01 l2009l S30,000l $400,000 ........................................................................ $400,000 so $8,434 $10,000 ........................................................................ $18,434 $150,000 $21 1,000 ........................................................................ $361,000 I $142,455 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 I Reference Number: 17797 Property Schedule City of Palm Beach Gardens Scheduled Items Effective As of : 05/19/2008 Description Address Agreement No . . PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast. Inc (West Palm Beach. FL) Agreement Period: 07/01 12008 through 10/01/2009 Year Built Const Type ........................ Unit # 1 k ll 1 110 I 111 I 112 I 113 1 114 I 115 I 116 1 117 1 118 I 120 1 122 1 119 1 123 07/01 12008 10101 /2009 07/01 12008 10/01/2009 07/01 /2008 10/01/2009 07/01/2008 10/01/2009 07/01 /2008 10/01 /ZOO9 07/01 /2008 10101 12009 $33. 737 $0 ........................................................................ $33. 737 $481 , 309 $0 ........................................................................ $481, 309 $44, 982 $0 ........................................................................ $44, 982 $84, 342 ........................................................................ $84, 342 $0 $7, 500 ........................................................................ 57, 500 $0 $1 1, 246 ........................................................................ $1 1, 246 $0 ....................... 1 243 . Electrical Field Lighting 12385 Jog Road Palm Becah Gardens, FL 33410 Picnic Pavilions-2 12385 Jog Road Palm Becah Gardens, FL 33410 Equipment 2003 Electrical Equipment 2003 ........................ 243 . ........................ 119 . JM Bleachers 12385 Jog Road Palm Becah Gardens. FL 33410 2003 ........................ 152 . NC Total Insured Value Playground Equipment 12385 Jog Road Palm Becah Gardens, FL 33410 Football Goals 12385 Jog Road 36 Sta Satellite sentinel irrig ctrllers 12385 Jog Road Fire Station #5 3913 Hood Rd Palm Beach Gardens, FL 33410 Hoover 5 hp submersible irrig pump 391 3 Hood Rd Palm Beach Gardens, FL 33410 Lakeside Community Center 10410 N . Military Trail Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 Lakeside Comm.Ctr. LighnghShelters 10410 N . Military Trail Palm Beach Gardens, FL 33410 Hoover 20 HP wl5hp jockey irrig pmp 10410 N . Military Trail 24 Sta Map Sentiel lrrig Ctrller Palm Beach Gardens, FL 33410 2003 ........................ 152 . NC 2003 ........................ 152 . NC 2006 ........................ 152 . NC 2004 ........................ 119 . JM 2004 ........................ 131 ~ FR 1970 152-NC 1985 ........................ ........................ 152 . NC 2006 ........................ 131 . FR 07/01 /2008 10/01/2009 07/01 /2008 10/01/2009 07/01/2008 10/01/2009 07/01/2008 10/01/2009 $4. 990 ........................................................................ $4. 990 $0 $4, 620 $0 ........................................................................ $4, 620 $1,582, 000 ........................................................................ $1,682, 000 $100, 000 $6, 000 $0 ........................................................................ $6, 000 lhe 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 07/01 12008 10/01/2009 07/01 /2008 10/01/2009 07/01 /2008 10/01 /ZOO9 $80. 000 ........................................................................ $80. 000 $0 $25, 000 ........................................................................ $25, OOO $0 $4, 020 SO ........................................................................ $4, 020 Reference Number: 17797 Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens Bus Shelters Various LOC. Restroom Facility 5110 11th Court, N. Lighting Et Equipment Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 5110 11th Court, N. Playground Equipment Et Shade Structure 5110 11th Court, N. Picnic Pavilion 5110 11th Court, N. Palm Beach Gardens, FL 33410 Basketball Courts Equipment 5110 11th Court, N. Palm Beach Gardens, FL 33410 Handball Courts (2) Et Racquet Ball Cts (4) Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 Agreement No.: PKMFLl 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) 1985 152 - NC 2004 152 - NC 2004 ........................ 152 - NC 2004 ...._._...._......._..~. 152 - NC ~ ~~ 2006 07/01 /2008 $30,000 152 - NC 10/01/2009 $0 2006 07/01 12008 $50,000 152 - NC 10/01/2009 $0 $30,000 .-- ..................... ............................................... $50,000 ........................ ............................................... 1 Unit # 1 I 124 I 125 I 126 I 127 I 128 I 129 I 131 1 132 1 133 I 134 I 135 I 136 k I 138 I 139 07/01/2008 10/01/2009 07/01 12008 10/01/2009 ......................... ......................... Description Address ....................... ~~ $110,000 $125,000 ............................................... 515,000 $0 $60,000 $60,000 ........................... ~ ___________________ b Agreement Period: 07/01 /2008 through 10/01/2009 5110 11th Court, N. Batters's Eye 4175 Lilac Street Fencing/ Windscreens 4175 Lilac Street Restroom/Storage Building 4175 Lilac Street Palm Beach Gardens, FL 33410 Scoreboard 4175 Lilac Street Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 Palm Beach Gardens, FL 33410 152 - NC 2006 152 - NC 2006 152 - NC 2006 __ .._____ 152 ~ NC 2006 .............___._______ 152-NC 10/01/2009 07/01 12008 10/01/2009 ~~ Total Insured Value i $26,000 $26,000 I $0 I 07/01/2008 10/01/2009 ........................ ............................................. $40,000 ............................................... $0 $27,500 $0 $27,500 .............................................. ~ 07/01 12008 10/01/2009 07/01 12008 10/01/2009 07/01 12008 10/01/2009 I I ~~ 5250,000 $0 $12,000 $0 $250,000 ............................................... $12,000 ............................................... $35,000 $35,000 ............................................... SO (5) Bleachers 4175 Lilac Street Palm Beach Gardens, FL 33410 L4' 10/01 /ZOO91 Electrical I 2006 07/01 12008 520,000 152 - NC 10/01/2009 so $20,000 ......................... ............................................... Equipment I 2006 Park Irrigation 8 15hp pump 4175 Lilac Street Palm Beach Gardens, FL 33410 b .............._._______ 1 131 -FR .. sol 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: 17797 07/01 /2008 10/01/2009 ......................... Scheduled items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens $3,000 so $3,000 ............................................... Agreement No.: PKMFLl 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) 2006 07/01 12008 152 - NC 10101 /2009 2006 07/01 /2008 ....................... Unit # E k 1 141 I 142 1 143 1 144 1 145 Ll I 147 I 148 I 149 I 150 I 151 k 1 153 ~ $18,000 so $25,000 $18,000 ............................................... Description Address ioover 15HP submersible irrig pmp 1175 Lilac Street ’alm Beach Gardens, FL 33410 2006 07/01 12008 $40,000 so 243 Electrical Equipment ........................ ..............._......... ............................................... 10/01/2009 !4 Sta Map Sentiel lrrig Ctroller 1175 Lilac Street ’alm Beach Gardens, FL 33410 Jlaygrd,fitnessEtdog pk equip 4175 Lilac Street Jalm Beach Gardens, FL 33410 Pavilion 4175 Lilac Street Palm Beach Gardens, FL 33410 Shade Structure (2) 4175 Lilac Street Palm Beach Gardens, FL 33410 $40,000 Pavilion 10666 Gardens E Dr Palm Beach Gardens, FL 33410 2006 07/01 12008 Sl00,cQO 152 - NC 10/01/2009 so ........................ ~ ......- 2006 07/01 /2008 $3,000 152 - NC 10/01/2009 so ........................ ............................................... Tennis Lighting 10666 Gardens E Dr Palm Beach Gardens, FL 33410 $100,000 $3,000 Tennis Courts 10666 Gardens E Dr Palm Beach Gardens, FL 33410 2006 101 - Frame ........................ Playground Equipment 10666 Gardens E Dr Palm Beach Gardens, FL 33410 24 Sta Map Sentiel lrrig Ctroller 10666 Gardens E Dr Palm Beach Gardens, FL 33410 12 Sta Satellite Sentinel lrrig Ctroller 10666 Gardens E Dr Palm Beach Gardens, FL 33410 07/01 /2008 $60,000 10/01/2009 so ................................................................ ~ ......_ Bridge (Ilex) TBD Palm Beach Gardens, FL 33410 Hoover 7.5 HP Irrigation pump Holly Drive Paim Beach Gardens, FL 33410 Station 2005 152 - NC ........................ 24 Sta Satellite Sentiel lrrig Ctroller Holly Drive Palm Beach Gardens, FL 33410 07/01 /2008 $4,020 $4,020 .. ............................................... 10/01/2009 so Year Built Const Type 2004 Pump/Lift Station 2006 ...................... ...................... 251 - ______.___.._......... 152 - NC 2006 152 - NC Agreement Period: 07/01 /2008 through 10/01/2009 Total Insured Value 1 t 2’ozl 07/01 12008 10/01/2009 ........................ ..........__... .............................. $12,000 ..-............._.. .. ._. ........................ 251 1 10/01/2009t Pump/Lift $60,000 I he 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: 17797 24 Sta Satellite Sentiel lrrig Ctrller 2006 07/01 12008 $4,020 ................................................................................................. 155 PGA Blvd. West 54,020 Palm Beach Gardens, FL 33410 152 - NC 10101 12009 $0 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $0 Palm Beach Gardens, FL 33410 152 . NC 10101 12009 $0 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 SO Palm Beach Gardens, FL 33410 152 - NC 10101 12009 $0 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $0 Palm Beach Gardens, FL 33410 152 - NC 10101 12009 $0 2005 07/01 /2OO8 53,420 12 Sta Satellite Sentinel lrrig Ctrller ................................................................................................. 156 Riverside 53,420 12 Sta Satellite Sentinel lrrig Ctrller 2006 07/01 /2008 $2,820 ................................................................................................ 157 Riverside $2,820 - 48 Sta Map Sentiel lrrig Ctroller 2005 07/01 12008 $3,360 ................................................................................................. 158 Gardens Park $3,360 - 12 Sta Map Sentiel lrrig Ctroller 2006 07/01 12008 $2,820 ................................................................................................. 159 Allamanda Road $2,820 - 12 Sta Map Sentiel lrrig Ctroller 2006 07/01 12008 $2,820 ................................................................................................. 160 TBD $2,820 - 12 Sta Satellite Sentinel lrrig Ctrller 2006 07/01 /2008 $3,420 ................................................................................................. 161 TBD $3,420 - $1 50,000 $0 2007 07/01 12008 $45,000 Golf Course Bridge 2006 07/01 12008 10/01/2009 Palm Beach Gardens, FL 33410 Rlverside Playground ................................................................................................. 162 11401 Northlake Blvd $150,000 202 Bridges - ................................................................................................. 163 E. MacArthur Blvd $45,000 Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $0 - E-%&-#- &'' Ir !-l~ ProDertv Schedule Scheduled Items Effective As of : 05/19/2008 ,I City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01 /2008 through 10/01/2009 Description Address I Total Insured Value Building Value 154 PGA Blvd. Palm Beach Gardens, FL 33410 ....................... I p.,;&ft I I .. I 2-Hover 25 hp w/10 hp jckey irrig pmp I 2004 I 07/01/20081 $80,000~ $80,000 10101 12009 165 - 166 - 167 - Restroom Facility 2007 81 75 PGA Blvd Palm Beach Gardens, FL 33410 Overlook Deck 8175 PGA Blvd Palm Beach Gardens, FL 33410 Fishing Pier Boat Ramp 2007 8175 PGA Blvd Palm Beach Gardens, FL 33410 ........................ 152 - NC 2007 152 - NC ........................ ........................ 152 ~ NC $1 50,000 ..................................................................... t so I 07/01/2008 10/01/2009 I $1 50,000 ~~ ~ ~~ ~~ ~ ~~ ~~~ 07/01/2008 $75,000 10/01/2009 $0 ........................................................................ $75,000 07/01/2008 $75,000 ........................................................................ $75,000 10/01/2009 SO 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: 17797 $50,000 Transmissio n Tower Educational Signs 2007 07/01 12008 $1 5,000 ................................................................................................. $15,000 169 8175 PGA Blvd Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 so Palm Beach Gardens, FL 33410 152 - NC 10101 12009 SO Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 $0 Twin Park North 152 - NC 10/01/2009 so 24 Sta. Satellite Sentiel Irr. Cntrlr 2007 07/01 /2008 $4,220 ................................................................................................. 170 5110 117th Court North $4,220 24 Station Satellite Sentiel Irrigation Controller 2007 07/01 12008 $4,220 ................................................................................................. 171 3913 Hood Road $4,220 12 Station Satellite Sentinel lrrigaton Controller 2007 07/01 12008 $3,600 ................................................................................................. 172 Alt A1A Et Lighthouse Drive 53,600 nl r I rl --..A_ Scheduled Items Effective As of : 05/19/2008 Property Schedule City of Palm Beach Gardens I 12 Station Satellite Sentinel lrrigaton Controller Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) 2007 I 07/01/20081 $3,6001 I ........................ Agreement Period: 07/01 /2008 through 10/01/2009 178 179 180 Unit # - I Station I I I Hoover 20 hp Pump w/ 5 HP Jockey I 2007 I 07/01/20081 534,0001 Ryder Cup Blvd. Et N. Lake Blvd Palm Beach Gardens, FL 33410 $34,000 Station 12 Station Satellite Sentinel lrrigaton Controller 2007 07/01 /2008 $3,600 Military Trial Et Ermin Canal PW Maintenance Building 3704 Burns Road ................................................................................................. $3,6OC Palm Beach Gardens, FL 33410 152 ~ NC 10/01/2009 so I ............................................................................................. $1 50,000 1 2007 I 07/01/2008\ Palm Beach Gardens, FL 33410 152 - NC 10/01/2009 168 Total: 173 $32,016,258 174 - 175 - 176 7 Description Year Built Address Const Type ....................... Lighting Et Equpment I 2007 Total Insured Value 07/01 /ZOO81 I 177 8175 PGA Blvd Palm Beach Gardens, FL 33410 10/01/2009 07/01/2008 10/01/2009 5110 117th Court North Palm Beach Gardens, FL 33410 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: 17797 Scheduled Items Effective As of : 05/19/2008 Inland Marine Schedule City of Palm Beach Gardens 022 023 Agreement No.: Agent Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) PKMFLI 050251 1 08-07 ...................... $1 3,363 s5,ooc $10,500 s5,ooc 3930 Ford Grading Tractor Blue Contractor's / Mobile 07/01 12008 Equipment 10/01/2009 Rayco Stump Grinder Yellow Contractor's I Mobile 07/01/2008 Equipment 10/01/2009 ...................... Agreement Period: 07/01 /2008 through 10/01/2009 024 Bush Hog Model 278 025 Bush Hog Model 278 J ...................... $3,000 $5,000 $3,000 s5,ooc Contractor's / Mobile 07/01/2008 Equipment 10/01/2009 Contractor's / Mobile 07/01/2008 Equipment 10/01/2009 ...................... 026 027 ...................... $1,569 $5,000 $9,662 s5,ooc Walk Behind Street Saw Target PAC-3 Lt. blue Contractor's I Mobile 07/01 12008 Equipment 10/01/2009 Claw 3408 Ford Contractor's I Mobile 07/01/2008 Equipment 10/01/2009 ...................... 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: 17797 Scheduled Items Effective As of : 05/19/2008 Inland Marine Schedule City of Palm Beach Gardens Eff. Date Item # Description Classification Code ~;-;-i---biig Value Deductible ...................... $5,568 s5,ooc $5,568 s5,ooc $7,460 s5,ooc $7,460 $5,000 028 Ryan 18" H. D. Sod Cutter Contractor's / Mobile 07/01 /2008 10101 12009 Equipment 029 Ryan 18" H.D. Sod Cutter Contractor's / Mobile 07/01 12008 Equipment 10/01/2009 030 Clarke Grizzly Pesticide Application Equipment-Ryan Contractor's I Mobile 07/01 /2008 Equipment 10/01/2009 031 Clarke Grizzly Pesticide Application Equipment-Ryan Contractor's I Mobile 07/01 /2008 Equipment 10/01/2009 ...................... ...................... ...................... Agreement No.: Agent Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) PKMFLl 050251 1 08-07 032 Agreement Period: 07/01 /2008 through 10/01/2009 .................... $10,000 Clarke Grizzly Pesticide Application Equipment-Ryan-New Contractor's / Mobile 07/01 /2008 EauiDment mini i2m9 033 034 035 . -. - . . - - - . .. ...................... $35,000 s5,ooc $7,000 S5,OOC Utility Vehicles (5 x &$7,000 Each) Contractor's / Mobile 07/01 12008 Equipment 10/01/2009 Cushman Groom Master Field Dragger (1 X $7,000 ea) Contractor's I Mobile 07/01 12008 Equipment 10/01/2009 John Deere Z-Trac Mower (5 X $8,000 each) Contractor's I Mobile 07/01 12008 Equipment 10/01/2009 ...................... ...................... $40,000 s5,ooa 036 .................... $6,000 Club Gas Golf Cart (1) Contractor's / Mobile 07/01 12008 EauiDment IOiOl l7m9 039 Service Court Groomer for Tennis (1) .................... $7,500 Contractor's / Mobile 07/01 /2008 Equipment 10/01/2009 Tor0 325-D Mower (1) Tor0 325-D Mower (1) . . _.. I .................... $12,000 07/01 /2008 10/01/2009 .. Contractor's I Mobile Equipment Contractor's / Mobile Equipment I I .................... $12,000 07/01/2008 10/01/2009 040 .................... $13,500 John Deere 5200 Tractor (1) Contractor's / Mobile 07/01/2008 Eauioment ioinii2009 ID41 John Deere 5210 Tractor (1) Club Cars - (2) . -. - . . - - - . .. ...................... $13,600 s5,ooc $8,600 s5,ooc Contractor's I Mobile 07/01 12008 Equipment 10/01/2009 Contractor's / Mobile 07/01/2008 Equipment 10/01/2009 ...................... Club Golf Carts (80 x $3,500 each) Contractor's / Mobile EauiDment Beverage Cart (1) Pump - PGA Nat'l. 20 & 5HP Model 02036ES & 02036ES Contractor's I Mobile Equipment Contractor's I Mobile Equipment Pump - PGA Nat'l. 7-1/2 HP Model 90107TO Submersible Pump - Tennis Center 10 HP Model 01036E.836215 Pkg Pump 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 28 Contractor's I Mobile Equipment Contractor's I Mobile EauiDment Pump - Lakeside 10 HP Model 5BF11135 Pump - Lake Catherine 15 HP Model ORD 18F (Turbine) Contractor's I Mobile Equipment Contractor's I Mobile EauiDment Pump - Plant Drive 15 HP Submersible Pump Pump - Oaks Park 7-1/2 HP Submersible pump Pump - Golf Course 10 HP Submersible (2) Lake Fill Contractor's I Mobile Equipment Contractor's / Mobile Equipment Contractor's I Mobile Equipment k Inland Marine Schedule Scheduled Items Effective As of : 05/19/2008 Agreement No.: PKMFLI 050251 1 08-07 Agreement Period: 07/01 12008 through 10/01/2009 Agent Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) 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 Inland Marine Schedule City of Palm Beach Gardens Item # 078 Reference Number: 17797 Scheduled Items Effective As of : 05/19/2008 Eff. Date Term Date Clarke Mosquito Sprayer Model: Grizzly Contractor's I Mobile 07/01 12008 ..................... Description Classification Code Value Deductible ..................... $9,500 s5,ooc Equipment 10/01 /zoo9 I I I 07/01 .................... 12008 $19,500 079 Gilbertti lncorp Special Response Cart Contractor's I Mobile EauiDment I Fine Arts .................... 07/01 I2008 ~300,000 10101 12009 423 4 Stainless Steel Sculptures (Astralis) Q $75,000 each) 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 ofcoverage, please refer directly to the Coverage Agreement documents Specimen forms are available upon request Page 30 Reference Number: 17797 447 448 Scheduled Items Effective As of : 05/19/2008 Inland Marine Schedule City of Palm Beach Gardens ...................... $7,256 s5,ooc $2,387 55,000 Dell PBGSBRCC Power Edge 4600 Assew3974 Dell PBGSCW Power Edge 1600SC AsseW384 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 Electronic Data Processing 07/01 12008 Eauioment 10/01/2009 ...................... Agreement No.: Agent Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) PKMFLI 050251 1 08-07 449 450 451 Agreement Period: 07/01 /2008 through 10/01/2009 ...................... $5,000 s5,ooc $1,031 s5,ooc $5,000 s5,ooc Dell PBGSEDEN Power Edge 1850 Asset#lOO693 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 Dell PBGSEDENAPP OptiPlex GX280 100528 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 Dell PBGSFILE Power Edge 1850 Asset#100695 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 ...................... ...................... Electronic Data Processing 452 I I I .................... $2,856 444 Kodak 1160 Backup Scanner Assebf100537 Electronic Data Processing 07/01 12008 Equipment 10101 /2009 .................... $5,346 Dell PBGSGIS Power Edge 1750 Asset#100040 Electronic Data Processing 07/01 /2OO8 Equipment 10/01/2009 .................... $4,051 445 Kodak 1260 Backup Scanner AsseW100169 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 453 I .. I I I .................... $18,972 446 Dell PANAGONDS Power Edge 4600 Assew3961 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 .................... $4,782 Dell PBGSHOSTI PowerEdge 2950 Asset#lOO923 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 454 Dell PBGSHOST2 PowerEdge 2950 Asset#lOO924 .................... $4,782 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 455 .................... $8,054 Dell Computer PBGSISA Power Edge 4600 Assew3956 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 456 .................... $5,000 Dell PBGSMAIL PowerEdge 1850 AsesW100694 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 457 458 459 .. . . ~.. ...................... $3,483 $5,000 $2,387 $5,000 $6,121 s5,ooc Dell PBGSPRINT Assew3860 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 Dell PBGSPROXY Power Edge 1600SC AsseW385 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 Dell PBGSSIS Power Edge 2650 Asset#100010 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 ...................... ...................... 460 461 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 1 ...................... $3,543 s5,ooc $3,046 s5,ooc Quantum PBGSSNAP M4100 AsseW101 Electronic Data Processing 07/01 12008 Equipment 10101 12009 Dell PBGSTELESTAFF PowerEdge 2850 AsseWlOO799 Electronic Data Processing 07/01 12008 Equipment 10/01/2009 ...................... Reference Number: 17797 Scheduled Items Effective As of : 05/19/2008 iiiiaiiu Ivlarine Schedule City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agreement Period: 07/01 12008 through 10/01/2009 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: 17797 Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 3E58A102225 .............................................. 07/01/2008 10/01/2009 Taurus 1 FAFP52U72A253452 1 :i:Z:: 1 07/01/2008 ~10/01/2009 ...................... lGCEK14W3VZ174619 I Liaht Truck I 10/01/2009 I $2.500 I 07/01/2008 I 10/01/2009 I Actual Cast I 011 I Chevrolet I C3500-HDChasis&Cab-Dump I I 1 I 1998 I lGBKC34F5WF073200 I Medium Truck I 012 I International I Medtec I 1 2003 1 HTMNAAMX3H567836 Ambulance 013 International Medtec ................................................................................................................................................. 1 2003 1 HTMNAAM23H600103 Ambulance 014 International Medtec I 1 I 2003 I 1 HTMNAAMl3H567837 I Ambulance .................................................. ................................................... 10/01/2009 $2,500 07/01/2008 10/01/2009 07/01/2008 1 $2,500 to7/01/2OOq -_ 10/01/2009 1 I 015 I International I Medtec I 1 2003 1 HTMNAAM03H600102 1 Ambulance 016 I Ford I F150 2002 I 1 FTRW08672KE22496 I Light Truck 017 I Dodge I Pickup 4x4 1 1996 1 B7KF2625TJ94807 Light Truck 018 Chevrolet K1500 Pickup .................................................................................................................................................. 1 1997 1 GCEK14WOVZ120825 Liaht Truck 07/01/2008 $2,500 07/01/2008 10/01/2009 ~0~01/2009 $2,500 07/01/2008 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 ................................................... .................................................. l_l___l._l..._l.l. 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 07/01/2008 $2,500 07/01/2008 10/01/2009 $6,000 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash .. ....................... .......................... ............................................................................... 019 Dodge Ram 2500 Pickup 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................................................................... 1 1996 1 B7KF26Z7TJ194808 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 020 Pierce Quantum 07/01/2008 $2,500 07/01/2008 10/01/2009 1 1997 4PICT0257VA000573 Fire Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 ...................................................................................................................................................................................................................................................... 021 Pierce Quantum 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... 10/01/2009 $2,500 07/01/2008 1 2003 4P1 CT02H13A003339 Fire Truck 1 2003 4P1 CT02XOYA000313 Fire Truck ~0/01~2009 $2,500 07/01/2008 022 Pierce Dash 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... 023 Ford Explorer Sport Trac 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 ................................................................................................................................................................................................ _.__._.___________l__l______ ....................... 1 2004 1 FMZU77K44UB41966 Light Truck 10/01/2009 $2.500 07/01/2008 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 Vehicle Schedule Scheduled Vehicles Effective As of : 0511 912008 Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 I Unit# I Make I ModellDescriDtion I DeDartment I AL Eff Date I Ded I Camp Eff lComp Value I Qty Year VIN # Vehicle Type 024 Ford F150 Crew Cab 2004 I 1 FTPW14534KC41456 I Light Truck 025 I Ford I F150 Crew Cab 1 2004 1 FTPW14514KC41455 Light Truck 026 Ford F150 Crew Cab .......... . . .. .... ... .. ............ . .. . .................................... 1 2004 1 FTPW145X4KC41454 Lioht Truck Crown Victoria Crown Victoria 2FAFP71 W8YX165539 1 1999 1 GCGC24RXXF093739 036 Dodge Ram 2500 Pickup 07/01/2008 $2,500 07/01/2008 10/01/2009 07/01/2008 10/01/2009 037 Chevrolet C2500 Pickup 07/01/2008 $2,500 07/01/2008 10/01/2009 1 1999 1 GCGC24R5XR722239 Liaht Truck 10/01/2009 $2.500 07/01/2008 10/01/2009 ............_. ......................... ............................................................... .___ ~ __________________ Light Truck 10/01/2009 $2,500 1 2002 387KC26672M308497 .............. __ .________________..____ 10/01/2009 $2,500 07/01/2008 10/01/2009 07/01/2008 1 $2,500 1 07/01/2008 1 10/01/2009~ Liaht Truck t F250 SD 1 FTSFZOP05EC28316 ..................................................................... ................................... .......................... ...._ ~ ________._....... -------.-.-- _-_-__ ...................... ............................. 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: 17797 Scheduled Vehicles Effective As of : 05/1 9/2008 Vehicle Schedule City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 I Unit# 1 Make I ModellDescriotion 1 052 1 053 1 054 ............................. ............................. Trailer - NO CH Ford F150 Supercab 07/01/2008 $2,500 07/01/2008 10/01/2009 $21,000 Ford F150 Supercab 07/01/2008 $2,500 07/01/2008 10/01/2009 $21,000 ......................................................................................................................................................................................................................... ....................................................... 2004 2FTRX17WX4CA76925 Light Truck 10/01/2009 $2.500 07/01/2008 10/01/2009 Actual Cash ........................................................................................................................................................................................................_I ....................................... 2004 2FTRX17W14CA76926 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash Chevrolet Lumina 07/01/2008 $2.500 07/01/2008 10/01/2009 $18,500 .. ...................................................................................................................................................................................................... ...................................................... 1 2000 2GIWL52J4Y 124691 8 private passenger 1010112009 $2,500 07/01/2008 10/01/2009 Actual Cash 056 Chevrolet Tahoe 4x4 07/01/2008 $2,500 07/01/2008 10/01/2009 $12,500 .................... ............................. ............................. 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 35 Reference Number: 17797 Vehicle Schedule Scheduled Vehicles Effective As of : 091 9/2008 City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agreement Period: 07/01/2008 through 10/01/2009 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 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 37 2004 2FAHP71 W24X102424 Police Car I io/oi/zoog [ $2,500 [ 07/01~2008 [ 10/01~2009 1 Actual Cash Vehicle Schedule City of Palm Beach Gardens 143 1 Reference Number: 17797 Scheduled Vehicles Effective As of : 0511 912008 Ford Crown Victoria 2004 2FAFP71W94X150963 Police Car .................................................................................................................................................. Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 07/01/2008 10/01/2009 ModellDescription Department ":I M 1 VIN# 1 Vehicle Type ............................................................................................................................................... Crown Victoria Police Interceptor .............................................................................................................................................. 2004 2FAHP71W94X102422 Police Car 123 Ford Crown Victoria Police Interceptor $2,500 07/01/2008 10/01/2009 $19,870 $2,500 07/01/2008 10/01/2009 Actual Cash .................................................................................................................................. 2FAHP71 W94X102436 I Policecar I 124 I Ford I Crown Victoria Police Interceptor I 1 2FAHP71 W04X102423 Police Car 125 I Ford I Crown Victoria Police Interceptor I 1 2004 2FAHP71WX4X102428 Police Car 126 Ford Crown Victoria Police Interceptor .............................................................................................................................................. 11 2004 I 2FAHP71 W04X102437 Police Car 127 I Ford I Crown Victoria Police Interceptor I 2FAHP71 W04X102440 I Police Car 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/200g $2,500 07/01/2008 10/01/2009 07/01 /ZOO8 $2,500 07/01 DO08 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2.500 07/01/2008 10/01/2009 ............................. ................................................ ................................................ .............................. .................................................. 07/01/2008 1 :::2$ 1 07/01/2008 07/01 /2008 ~10/01/2009 ..i.o.;01~/.200g 10/01/2009 $25,000 .............................. $25,000 .............................. $25,000 .............................. .............................. 128 Ford Crown Victoria Police Interceptor 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2004 2FAHP71 W24X102441 Police Car 10/01/200g $2,500 07/01/2008 10/01/2009 1 2004 2FAHP71W74X102435 Police Car qo/o1/2oog $2,500 07/01/2008 10/01/2009 130 Ford Crown Victoria Police Interceptor 07/01 /ZOO8 $2,500 07/01/2008 10/01/2009 1 2004 2FAHP71 W64X102426 Police Car ~0~01~2009 $2,500 07/01/2008 10/01/2009 ...................................................................................................................................................................................................... ._______ ....................... 129 Ford Crown Victoria Police Interceptor 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... ....................... ............................................................................................................................................................................... __ ................................................ $25,000 .......................... $25,000 .......................... .......................... 2FAHP71 W44X102425 134 Ford Crown Victoria Police Interceptor 07/01/2008 $2,500 07/01/2008 10/0112009 10/01/2009 $2,500 07/01/2008 10/01/2009 136 Ford Crown Victoria Police Interceptor 07/01/2008 $2,500 07/01/2008 10/01/2009 Police Car 10/01/2009 $2,500 07/01/2008 10/01/2009 ....................................... -. 1 2004 2FAHP71 W84X102430 Police Car .................................... ..................................... 1 2004 2FAHP71 W84X102427 137 Ford Taurus 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 1 2004 1 FAFP53U34A185118 Police Car 138 Ford Taurus 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2004 lFAFP53U54A185119 Police Car 1o/oq/2oog $2,500 07/01/2008 10/01/2009 ............................................................................................................................................................................... ................................................ ................................................................................................................................................... ___________________________.______~~I__ ................................................ 139 Ford Taurus 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2004 lFAFP53U14A185120 Police Car 10/01~2009 $2,500 07/01/2008 10/01/2009 140 Ford Taurus 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2004 1 FAFP53U34A185121 Police Car 10/01/200g $2,500 07/01/2008 10/01/2009 ..................................................................................................................................................... ....................... ....................................................................................................................................................................................................................................................... 141 Ford Explorer XLT 07/01 I2008 $2,500 07/01 12008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 142 Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2.500 07/01/2008 10/01/2009 ................................................................................................................................................... ....................... 1 2004 1 FMZU63K84UB44417 Police Car ....................................................................................................................................................................................................... ....................... 1 2004 2FAFP71 W84X150971 Police Car 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 Reference Number: 17797 Unit# Qty 144 1 145 Vehicle Schedule City of Palm Beach Gardens Make ModellDescription Department AL Eff Date Camp Ded Camp Eff Camp Term Value Year VIN # Vehicle Type AL Term Date Coll Ded Coll Eff Coll Term Valuation Type Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 2004 2FAFP71 W04X150964 Police Car Ford Crown Victoria 07/01/2008 $2.500 07/01/2008 10/01/2009 I $19.870 .............................................................................................................................................................................. ____ .............................. ..................................................................................................................................................................................................... ....................... Vehicle Schedule Scheduled Vehicles Effective As of : 0511 912008 City of Palm Beach Gardens 1 173 1 Scheduled Vehicles Effective As of : 0511 912008 2001 285WB35281 K555199 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 I Actual Cash Dodge Ram Wagon 8350 Multi-Purpose 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 2000 ZB5WB35Z3YK116406 Liaht Truck .................................................................................................................................................. . . .......... Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 1010112009 174 1 175 1 TBA Stump Grinder 07/01 12008 $2,500 07/01/2008 10/01/2009 1991 1635A-043591 Trailer - NO CH, ,R~O1/2OO9 $2,500 07/01/2008 10/01/2009 TBA Trailer 07/01/2008 $2,500 07/01/2008 10/01/2009 1998 5008820 Trailer - NO CHAR~01/2009 $2,500 07/01/2008 ~0/0~/2009 ....................................................................................................................................................................................................... ....................... ........................................................................................................................................................................................................................................................ 2FAFP71W24X150965 .............................................. 0710 1 /2008 07/01/2008 10/01/2009 10/01/2009 1 ~~~~~~ 1 07/01/2008 ~10/01/2009 Police Car Crown Victoria 2FAFP71 W44X150966 Crown Victoria 2FAFP71W64XI 50970 Crown Victoria 168 TEA Motorcycle trailer/ tag #110003 07/01 12008 $2,500 07/01 /ZOO8 10/01/2009 .................................................. 1 2004 4Y3USl215VSOO1114 Trailer - NO CH,,Rm01/2009 $2,500 07/01/2008 10/01/2009 169 TBA Cargo trailer/tag #226688 07/01/2008 $2,500 07/01/2008 10/01/2009 ..................................................................................................................................................... ................................................. 1 2004 5MNBEl2164FOO2206 Trailer - NO CHjbRw01/2009 $2,500 07/01/2008 10/01/2009 171 Ford Econoline E250 Cargo Van 07/01/2008 $2,500 07/01/2008 10/01/2009 ................................................................................................................................................... ................................................... 1 2003 1 FTNE24W93HB41544 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 $10,000 172 Dodge Ram Wagon B350 Multi-Purpose 07/01/2008 $2,500 07/01/2008 10/01/2009 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 ?!I Vehicle Schedule Qty 176 1 177 1 Reference Number: 17797 Year VIN # Vehicle Type AL Term Date Coll Ded Coll Eff Coll Term Valuation Type Crosley Trailer 07/01/2008 $2,500 07/01/2008 10/01/2009 $3,795 ....................................................................................................................................................................................................... ...................................................... 2004 5mwbu8x234s002292 Trailer - NO CHI ,R&@O1/2OO9 $2,500 07/01/2008 10/01/2009 Actual Cash 07/01/2008 $2,500 07/01/2008 10/01/2009 Ford 2005 1 FDWE45F13HB77545 B~~ >20 pass, N~ ~ifi 10/01/2009 $2,500 cwu aupei uu~y - t)iueuiiu JU rass Riis ........................................................................................................................................................................................................ Scheduled Vehicles Effective As of : 0511 912008 Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 Unit# Make ModellDescription 1 Department 1 AL Eff Date 1 - Ded I COW Eff /CompTerml .............................. Value ......................................................................................................................................................................... I 178 1 Ford I Econoline E250 CargoVan I 11 07/01/2008 I $2,500 I 07/01/2008 1 10/01/2009 I $15,4471 I 1 I 2004 I lFTNE24W94HA77118 I Light Truck ......................... .............................................. 10/01/2009 $2,500 07/01/2008 10/01/2009 4URA11 E35TS61441 1 FAFP52U92A253453 E450 Super Duty Cutaway ............................ 197 Chevrolet Tahoe 4x4 07/01/2008 $2,500 07/01/2008 10/01/2009 ........................................................................................................................................................................................................ ......................... 1 2005 lGNEC13ZX5R210709 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 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 Reference Number: 17797 Unit# Make ModellDescription Department AL Eff Date ............................................................................................................................................................................... Qty Year VIN # Vehicle Type AL Term Date 198 Ford F150 I 07/01/2008 pGfT Vehicle Schedule Scheduled Vehicles Effective As of : 0511 912008 u Camp Ded Camp Eff Camp Term Value .............................. Coll Ded Coll Eff Coll Term Valuation Type $21,000 $2.500 07/01/2008 10/01/2009 City of Palm Beach Gardens 1 199 1 ....................................................................................................................................................................................................... 2005 1 FTRX14W55NB16778 Light Truck 10/01/2009 $2,500 07/0 AM General Fire Truck 07/01/2008 $2,500 07/01/2008 10/01/2009 ................................................................................................................................................................................... 1982 53208 Fire Truck 10/01/2009 $2,500 1 201 1 203 I 200 I Ford I F350SuperDutyCrew Chasis I )I 07/01/2008 I $2,500 I 07/01/2008 I 10/01/2009 I $24.3001 2005 1 FDWW37P55EC55939 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 I Actual Cash Ford F550 Super Duty Chasis & Cab 07/01/2008 $2,500 07/01/2008 10/01/2009 $26,700 ................................................................................................................................................... ................................................................................ 2005 1 FDAW56P75ED26274 Medium Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash Ford Crown Vic 07/01 12008 $2.500 07/01 12008 10/01/2009 $19.870 ....................................................................................................................................................................................... .............................................................................. 1 2004 2FAHP71 W44X102439 Police Car 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash 204 Chevrolet Tahoe 4x4 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... ........................ 1 2005 lGNEC13Z25R208419 Liaht Truck $23,660 1 2005 1 GCCSI 96658277698 Light Truck 10/01/2009 $2.500 07/01/2008 10/01/2009 Actual Cash 213 Chevrolet Colorado 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... ....................................................... 214 Nissan Titan 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2.500 07/01/2008 10/01/2009 ............................................................................................................................................................................... ................................................ 1 2005 1 N6BA06A85N562242 Liaht Truck 215 Chevrolet Trail Blazer 07/01/2008 $2,500 07/01/2008 10/01/2009 ............................................................................................................................................................................... ._--_.___. ............................................... 1 2005 1 GNDSI 3S752309434 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 216 Peterbilt Truck 07/01/2008 $2,500 07/01 E008 10/01/2009 07/01/2008 10/01/2009 ................................................................................................................................................................................ ...................................................... Heaw Truck 10/01/2009 $2,500 1 2006 2NPLLZ9X16M645723 .......................... ............................ 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 1 Reference Number: 17797 Vehicle Schedule Scheduled Vehicles Effective As of : 0511 912008 City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 Unit# Make ModellDescription Department AL Eff Date Camp Ded Camp Eff IComp Term] .............................. Value I I ............. .1 ....................... .I .................................................................... 1 ..................................... ......................... I-----. I-- Qty Year VIN # Vehicle Type AL Term Date Coll Ded Coll Eff Coll Term Valuation Type 221 Ford F250 SD 07/01/2008 $2,500 07/01/2008 10/01/2009 ...................................................................................................................................................................................................... __ ....................... 1 2006 1 FTNF20536ED84668 Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 222 Dodge Magnum 07/01/2008 $2,500 07/01/2008 10/01/2009 .................................................................................................................................................................................................................. _-_____ ............................. 1 2006 2D4GV47226H453624 Private Passenoer 10/01/2009 $2,500 07/01/2008 10/01/2009 F350 Super Duty Pickup 1 FTSF30506ED84667 .............................. Actual Cash1 .............................. Actual Cash .............................. Actual Cash ........................... 24 1 Ford Escape 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... ....................... Light Truck 10/01/2009 $2,500 07/01/2008 10/01/2009 1 2007 1 FMYU93127KA02441 242 Ford Escape 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 ........................................................................................................................................................................................................................................................ 1 2007 1 FMYU93147KA02439 Liaht Truck 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 Reference Number: 17797 Vehicle Schedule Scheduled Vehicles Effective As of : 05/19/2008 City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01/2009 Unit# Qty 243 1 Department AL Eff Date Camp Ded Eff ComP Term Value .............................................................................................................................................................................. __-___ .............................. Make ModellDescription Year VIN # Vehicle Type AL Term Date Coll Ded Coll Eff Coll Term Valuation Type Ford Galaxie 07/01/2008 $2,500 07/01/2008 10/01/2009 ...................................................................................................................................................................................................... ___ 1960 OF52W282055 Private Passenaer 10/01/2009 $2,500 07/0 244 I Ford I Taurus I 07/01/2008 I $2,500 I 07/01/2008 I 10/01/2009 I $1 80001 1 245 ................................................................................................................................................................................................................................................................ 2005 1 FAFP53U25A268136 Private Passenger 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cas< CV.4 07/01/2008 $2,500 07/01/2008 10/01/2009 $45,000 Ford r 13u aupei uuiy LIIYSIS Q ~au - uuiiip 2005 I 3FRXF75E35V204108 246 I Ford I F150 1 07/01/2008 I $2,500 1 07/01/2008 I 10/01/2009 I $25,000 ............................................................................................................................................................................. .............................................................................. 1 2005 1 FTRX12W05NB70606 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash Light Truck ’ 247 Ford F150 07/01/2008 $2,500 07/01/2008 10/01/2009 07/01/2008 10/01/2009 ...................................................................................................................................................................................................................................................... Light Truck 10/01/2009 $2,500 1 2006 1 FTRX12W25NB70607 248 Ford F750 Super Duty Crew Chasis 07/01/2008 $2,500 07/01/2008 10/01/2009 $38,000 3FRXW75E94V695279 2FAFP71W07X118763 I Police Car I 10/01/2009 I $2,500 I 07/01/2008 I 10/01/2009 I Actual Cashl 07/01/2008 10/01/2009 Police Car 10/01/2009 1 4 07/01/2008 110/01/2009 .............................................. 07/01/2008 Crown Victoria 2FAFP71 W47X118765 __I.__-_I Crown Victoria 2FAFP71 W17X118769 256 Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 257 Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2007 ZFAFP71W27X118764 Police Car 10/01/2009 $2,500 07/01/2008 10/01/2009 ......................... 1 2007 2FAFP71W77X118761 Police Car ................................................................................................................................................... ........................... 258 Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 1 2007 2FAFP71WX7X118771 Police Car 10/01/2009 $2,500 07/01/2008 10/01/2009 259 Ford Crown Victoria 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 ............................................................................................................................................................................... ................................................. . 1 2007 2FAFP71W87X118770 Police Car Crown Victoria 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 Reference Number: 17797 Unit# Make ModellDescription Department AL Eff Date Camp Ded Camp Eff Camp Term Qty Year VIN # Vehicle Type AL Term Date Coll Ded Coll Eff Coll Term ............................................................................................................................................................................ Scheduled Vehicles Effective As of : 0511 912008 Vehicle Schedule City of Palm Beach Gardens .............................. Value Valuation Type Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10101/2009 ~ 282 Ford 1 2007 283 Ford 1 2007 Crown Vic Police Interceptor Police 07/01/2008 $2,500 07/01/2008 10/01/2009 $20,503 10/01/2009 $2,500 07/01/2008 10/01/2009 Actual Cash ....................................................................................................................................................................................................... . ....................................................... 2FAFP71 W57X149331 Police Car 2FAFP71 W37X149327 Police Car 10/01/200~ $2,500 07/01/2008 10/01/2009 Crown Vic Police Interceptor Police 07/01/2008 $2,500 07/01/2008 10/01/2009 ....................................................................................................................................................................................................... ....................... 284 1 ......... ........................ .......................................................................................................................................... ___ ................................................... 2007 1 FMEU73U73E47UB23664 Fire Truck t---~0/01/2009 t.....$2 , 500 1112008 t 10/01/2009 1 Actual Cash1 Ford Crown Vic Police Interceptor Police 07/01/2008 $2,500 07/01/2008 10/01/2009 10/01/2009 $2,500 07/01/2008 10/01/2009 2007 2FAFP71 W37X149330 Police Car ...................................................................................................................................................................................................................................................... Impala Interceptor #7606 ., ............................................................................................................................................................................... ............................................................................ .---___. 4P1 CT02S1 YA000900 Fire Truck 10/01/2009 $2,500 07/01/2008 ' 10/01/2009 Actual Cash 268 Ford F250 Parks 07/01/2008 $2,500 07/01/2008 10/0112009 $17,495 1 2007 1 2007 2FAFP71 W77X149329 Police Car 281 Ford Crown Vic Police Interceptor Police 07/01/2008 $2,500 07/01/2008 10/01/2009 $20,503 1 2007 2FAFP71 W07X149334 Police Car 10/01~2009 $2,500 07/01/2008 10/01/2009 ' Actual Cash .................................................................................................................................................................................................... -. ............................................................................... 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 Reference Number: 17797 Scheduled Vehicles Effective As of : 0511 912008 Vehicle Schedule City of Palm Beach Gardens Agreement No.: PKMFLI 050251 1 08-07 Agent: Wells Fargo Ins Services Southeast, Inc (West Palm Beach, FL) Agreement Period: 07/01/2008 through 10/01 12009 Unit# Make ModellDescription Department AL Eff Date Ded Eff Term Value ................. . .............................. Qty Year VIN # Vehicle Type AL Term Date Coli Ded Coll Eff Coll Term Valuation Type 285 Ford Crown Vic Police Interceptor Police 07/01/2008 $2,500 07/01/2008 10/01/2009 .................................................................................................................................................. -. 1 2007 2FAFP71 W97X149333 Police Car 10/01/2009 $2,500 07/01/2008 ............................. ............................. ............................. 07/01/2008 07/01/2008 10/01/2009 ........................................................................... Police Police Car 1 ~~~~~~ 1 07/01/2008 } 10/01/2009~ _-._____.__.I-_ 2G1 WB55K879309929 ............................. 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 CITY OF PALM BEACH GARDENS COUNCIL AGENDA June 19,2008 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso d L PLEDGE OF ALLEGIANCE J 11. ROLLCALL J III. ADDITIONS, DELETIONS, MODIFICATIONS: r/ IV ANNOUNCEMENTS / PRESENTATIONS: J a. J b. ''-Citizen Award to David Baron (in recognition of his heroic efforts resculug ill toddler). (Page 7) Lifetime Achievement Award to C.R. Brown - Fire Rescue W. ITEMS OF RESIDENT INTEREST AND BOARDXOMMITTEE REPORTS: v VI. CITY MANAGER REPORT: /a. /PaEe 9) Budget Preparation Update. v VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, DIease submit request form to the Citv Clerk Drior to this Item) VIlL CONSENT AGENDA: a. (Pape 16) Approve Minutes from May 1, 2008 City Council Budget Workshop meeting. b. C. d. (Page 20) Approve Minutes from May I, 2008 regular City Council meeting. JPaee 26) Approve Minutes from May 14,2008 City Council Town Hall meeting. [Page 31) Approve Minutes from May 15, 2008 City Council Budget Workshop meeting. e. (Staff Report on Pa 36, Res( lion on PaPe 38) Resolution 46, 2008 - Addenda to Standby Ageements fol disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewal of the Standby Disaster Recovery Services Agreements with Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc.; authorizing the Mayor to execute the renewals; providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I - Quasi-iudicial 4 Resolut,u of the ,&ty Council of the City (Staff Report on Page 162. Resc’--t;-n RTI Pagc 191’ of Palm Beach Gardens, Florida approving an Amendment to the Recorded Restrictive Covenant for Retail Building 2 within Parcel 27.05/27.06 located at 845 PGA Boulevard within the Regional Center Development of Regional mpact (DRI); providing an effective date; and for other purposes.[ -- 1 CWIULIUII ~7, LUVO 90 wa- I Part I1 - Non-Quasi-iudicial X. RESOLUTIONS: 1 I [Staff Report on Pape 194, Resolution on Page 196) Besolution 42, 2004 - Appointment of regular and alternate members to the Art in Public Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Art in Public Places Advisory Board; providing an effective date; and for other purposes. - - -Staff Report on Page 228, It. olution o Paee 2.: LKesolution 4/, Z Appointment of regular and alternate me1 xs to tne Parks and Recrearion A Resolution of the City Louncil of the City of Palm Beach dens, Florida approving the appointment of regular and alternate members to he Parks and Recreation Advisorv Board: nrovidinn an - effe@ve date: at&& ther purposes.1 =Staff Report on Page 261, Resolution on Page 263) Resolution 50, 2008 Appointment of regular and alternates to the Planning, Zoning & Appeals Board. Resolution of the City Council of the City of Palm Beach Gardens, Florida pproving the appointment of regular and alternate members to the Planning, E oning & Appeals Board; providing an effective date; and for other purpose? AStaff Report on Pape 325, Resolution on Page 327) l&esolution 49, 2008 - Appointment of regular and alternate members to the Community Aesthetics Board. I Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Community Aesthetics Board; providing an effective date; and for other purposes. I - in on Pal mmittt ' :Staff Report on Pave 337, Resd Resolution 53,20 - Re- A Resolution of the City Counci Zstablishing the Budget Oversight >t the City ot Y&~I' Beactl tiardens, F ionaa re-establishing the Budget Oversigh Committee; providing a purpose, powers and duties, --hkp, aid meetings; 7 -- -"dm dt&; and other purposes. (Staff Report on Page 342, Revdotion on Page 344) J&~&&Qu 51. 3. Appointment of regular member to the Budget Oversight Committc Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of a regular member to the Budget Oversight Committee; providing an effective date; and for other purposes. lStaff Rewrt on Page BResolution 48, 2008 Resolution ot the City Council of the City of Palm h Gardens, Florida to renew insurance policies for Property, Casualty, Public nce fiom Preferred Governmental Insurance Trust; 1 7mqUActi-ra Anta- amA Cnw 7 '7 XI XIL ITEMS FOR COUNCIL ACTIONlDISCUSSION: ORDINANCES: (For Consideration on First Reading) XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADWSED 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 testiimny and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida States, persons with disabilities needing special accommodaiions in order to participate in this proceeding are entitlid to the prmkion of certain assistance at no cosf. 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 (TOO) or 800-955-8770 (VOICE). NOTE: ~~ Ail presentation materials must be received by the City Clerk prior to the presentation to the Council. ,. , ,. I. 11. 111. IV 5- 7.35 v* VI. VIII. -0 "_ . .....' Y ." CITY OF PALM BEACH GARDEGS COUNCIL AGENDA June 19,2008 7:OO P.M. Mayor Jablin -' Vice Mayor Levy Council Member Russo 4 Council Member Barnett Council Member Premuroso c PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. _Citizen Award to David Baron (in recognition of his heroic efforts rescuing a toddler). b. mm 'Afetime Achievement Award to C.R. Brown - Fire Rescue ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: CITY MANAGER REPORT: a. (Paee 9) Budget Preparation Update. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, ulease submit reauest form to the Citv Clerk prior to this Item1 CONSENT AGENDA: a. [Pape 161 Approve Minutes from May 1, 2008 City Council Budget Workshop meeting. b. 20) Approve Minutes from May 1,2008 regular City Council meeting. C. I -Approve Minutes fkom May 14,2008 City Council Town Hall meeting. d. L)m 31) Approve Minutes from May 15, 2008 City Council Budget Workshop meeting. f e. QI~ -Resolution 46, 2008 - Addenda to Standby Agreements for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewal of the Standby Disaster Recovery Services Agreements with Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc.; authorizing the Mayor to execute the renewals; providing an effective date; and for other purposes. IX. g;aq X. $36 PUBLIC HEARINGS: . . .. - a. an PlpelPU_Resolution 39, 2008 - Amendment to Restrictive Covenant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Recorded Restrictive Covenant for Retail Building 2 within Parcel 27.05/27.06 located at 2845 PGA Boulevard within the Regional Center Development of Regional Impact (DRI); providing an effective date; and for other purposes. RESOLUTIONS: n 1lResolution 42, 2008 - Appointment of regular and alternate members to the Art in Public Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Art in Public Places Advisory Board; providing an effective date; and for other purposes. b. 5-O C. C-O d. 1 so ution on Pa e 230 Resolution 47, 2008 - Appointment of regular and alternate members to the Parks and Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Parks and Recreation Advisory Board; providing an effective date; and for other purposes. lStrff Resort on Pane 261. Resolution on PaEe 2631 Resolution 50, 2008 - Appointment of regular and alternates to the Planning, Zoning & Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Planning, Zoning & Appeals Board; providing an effective date; and for other purposes. 325. m an Pale 327) Resolution 49, 2008 - mr and embers to the Community Aesthetics Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of regular and alternate members to the Community Aesthetics Board; providing an effective date; and for other purposes. e. f. 2’ -0 5- -0 esolution 53, 2008 - Re- establishing the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida re-establishing the Budget Oversight Committee; providing a purpose, powers and duties, membership, and meetings; providing an effective date; and for other purposes. am ~m Page 3441 Resolution 51, 2008 - Appointment of regular member to the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of a regular member to the Budget Oversight Committee; providing an effective date; and for other purposes. -rt -~~ dution on Pa e Resolution 48, 2008 - 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. RC~OL unw c6, amf XI ORDINANCES: (For Consideration on First Reading) 8; FA XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Print Address: City: 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: Y,cK Fd2-0 Address: \ ?‘G P E/t,,d Sbttc \io City: VQ G- 33 Cf/ J 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 \’ Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council 3 Please Print Name: 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: V@W Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council 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 06/19/08 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: Under Resolutions Resolution 56,2008 Consider approval for a contract award to Rosso Paving and Drainage, Inc. for the Intersection Improvements at Kyoto Gardens Drive and Alternate AIA in the amount of $1 58,545.00. A copy has been provided for each member of Council. NONE NONE PUBLIC HEARMGS: 06 l19nocW P Part I - Ouasi-Judd .. Titlebad: t/ DLJRHVEJ HeariargCtoseb. Bringbackfbrdiscugsion: Md: Vote: 1 hth 39, 2008 - AmcndmGnc Covenant. A Resolution of the City the Ci of Palm Beach Gardens, anAmendmenttotheRec0rded Covenant fiw Retail Building 2 within .05/27.06 located at 2845 PGA within the Regiod centcx of Regional Impact (DRf); m Q) 0 ba E 2 .C( B e 0 r r Q) r! E 0 * E Q) + u" SQ) *rEy E *I E .r( a Q)E .5 Q a Qdt .I g a2 0 .I EZ i 0 c, M a 1 rn .C. h E Q 0 c, c, en g .r( bl) a E Q a L a 0 e 1 0 c, n z % Q Q) n a m" E c, 2 E 0 u E Q) c, c, .I E G L 0 0 r: c, m .I 3 5% L 0 E E Q) + aJ M G c, .I .r( % Q) & ccc 0 h E a E 0 w E E Q) + aJ m c, .I .C. 5 h E en c, M Q) c, L 0 0 a E Q) E 0 L: & c, c, .I 3 a 2 L Q) a I n Q E L Q Q) m .I 3 3 0 E I I F a L Q) MAYOR ERIC JABLIEI. IT IS VERY CONHJSLNG AND NEEDS TO BE EXPCAlN WHETHER THE $1 60.000,OO WILL, BE PAID FOR TIM SETGCBMENT OF THE DISPWE! OR POR A LICENSE! FEE. WE CAN ASSUME THAT THE PRIVATE ATTORNEY HANDLlNG THE CAS): FOK FEC WAS PAID BY FEC. SUKPKISINGLY FEC WAS GNINCj UP, AT 1 IIF.iR COST, THE RlGfCT FOR TliE PLANNED UNSAFE GRADE CROSSING ON THEIR LINE. FORMAL ADMINISTKATIVE HEARING AND P0ssrm.y WIN THE CASE AGAINST A NEW ACCOKDJNG TO MR WEISBERG DIRECTOR OF' PALM BEACH C'O/JNN?Y TRAFFIC DNlSION A TWO LINES OVERI-IEhI) HIGHWAY BKIUC,E A?' KYOTO GARDENS DRIVE INSTEAD OF A FO'OR LINES WOULD BE SUFFICIENT DLJB TO A CUNS'I'ANT FLOW OF TRAFFIC. IT IS INFORTUNATE THAT THE CITY COUNCIL ON NOVEMI3ER 18,1999 PASSED RP.SQLU'I'fON 147 FOR A GRADE CROSSING INSTEAD OF A GRADE SBPARA'TLD CROSSING AT KYOTO GARDENS DRIVE. MOST LIKELY A WELL PLANNED OVEKI4EAO HIGHWAY BRIDGE, IN COOPERATION WITH FDO'f, COLJLD HAVE BEEN BlllLT AND PAID FOR IN 10 YEARS OR LESS. DUE TO NEW DEVELOPMENTS ON TkIB KYOTC) ISSUE, MY LEITER DATED MAY 05,2008 i'0 DAVID ROHAL FEC VICE I'RESIREN'I', 'I'HH HES1GNA'X'ION Ob' THE CITY ATTORNEY. 1 BELIEVE TtE MAYOR SHOULD CONSWER I KE MEETWG AT CITY IW,L WITH FEC AND PDOT THAT I HAVE BEEN ASKING FOR A LONG TIME. ROGER BLANCY-~ 1.1658 HEMLOCK STREET PALM BEACH GARDENS El, 33410 CC: DAVLD ROHAL, FEC VICE PRESlUENI OPERATLONS. CHARLES STONEI PEC DlRWTOR OF ENCXWERlWG SERVICES. GERRY O'E1EILLY FW)T DIRECTOR OF TRANSPQRTATLON DEVELOPMENT DLSTIUCT FOllR On March 12,2008, while finishing his daily walk at the Gardens Mall, David and his wife Silvia saw 3 year old Morgan Scott balancing on a ledge near the escalator. Morgan grabbed the rubber railing from the outside and began to rise upward, her legs dangling 20 feet off the ground. With bystanders looking on, David bounded up the escalator two stairs at a time and grabbed Morgan’s wrist and hauled her over the side to safety. It’s due to his heroic efforts that Morgan was not injured and is here with us tonight. Morgan, I know you probably learned a very important lesson that day but just to make sure you are always reminded of how important safety is, we were able to get some information from the Elevator and Escalator Safety Foundation on how to be a "Safe Rider". We have a: Poster Sticker Activity book and crayons CD to watch with your parents and a certificate that will have your name on it when you have finished watching it. Don't forget you have to be a good big sister to Hunter and teach him all about safety when he's able to walk around the mall with you and your family. e Lifetime Achievement Award to C.R. Brown -Fire Rescue Palm Beach Gardens Fire-Rescue Deputy Chief Chris (C.R.) Brown has been awarded the "Linda Schutte Lifetime Achievement Award". Chris has been actively involved in EMS in Palm Beach County for the past 20 years. He was a pioneer in pediatric pre-hospital care early in his career when he teamed up with the Chief of Pediatric and Emergency Critical Care Services at Good Samaritan Hospital. He was enrolled in the very first PALS Class (Pediatric Advanced Life Support) in Palm Beach County and the first Paramedic to be certified as a PALS instructor. Chris became the Pediatric Education Coordinator for Good Samaritan Hospital and for the next several years taught hundreds of nurses and paramedics PALS and a Pediatric Pre-Hospital Course. As a certified CPR and PALS instructor Chris taught each and every class for free on his own time. This is just one example of Chris' contribution to EMS in Palm Beach County. His manv accomplishments include: Past President Palm Beach County EMS Providers 1997-1 999 CPR Coordinator for West Palm Beach Fire-Rescue Founding member of both West Palm Beach & Palm Beach Gardens Fire-Rescue's first ALS (Advanced Life Support) Competition Team Paramedic Instructor for Palm beach Community College Muscular Dystrophy Association Summer Camp Councilor and Fund Raising Coordinator for West Palm Beach Fire Rescue Inventor of the Board Bag ( a bio-hazard bag for contaminated backboards) Cochair of five mass CPR Festival mass training events in Palm Beach County Instituted the first bike medic program in South Florida Board of Directors for the Big Heart Brigade of the Palm Beaches, an organization dedicated to assisting the community, public safety professionals and others during time of need. Chris was one of three paramedics to be trained as a reserve police officer and serve on the first SWAT team for PBG Police Department Coordinated the Palm Beach Gardens public AED program & Mr.2 Chris joined Palm Beach Gardens Fire-Rescue in 1994 as the departments first EMS Captain. Through his dedication and expertise Palm Beach Gardens Fire-Rescue quickly became one of Palm Beach County's top EMS providers with a reputation for in novat ion. Chris' commitment to excellence is evident in Palm Beach Gardens Fire- Rescue as he has endeavored to have the highest trained paramedics of any Advanced Life Support ground service in Palm Beach County. Recently, C.R has filled the position of Deputy Chief of Emergency Services and although he will no longer over see the daily operations of the EMS Division, the impact that he has made on our system will be around long after he has retired. We feel fortunate to have recruited C.R to join our department, a job he took with a very large pay cut, just to fulfill his passion in providing top quality EMS services and education. MAYOR ERIC IABLIN, THE "LKENSE ACREEMENI"' SIGNED BY ?'WE CITY WI'l'ff I:lX Oh! AUGUST 19,2003 SI'ATED 'WAT THE ClTY WILL PAY 'Tk1E RAILROAD THE YIJM OF $ 160.000,UO IN SE'lTLEMtlNT OF THE DISPUTE ON COMPLETION OF 'rw CROSSING SEW,. SINCE THE DEAL WAS WORKED OUT BY THE ClTY A'ITORNEY AND HAD '10 BE APPROVGC) BY 'THE CI1'Y COUNCIL I WOULD APYREClATE TO RECEIVE THE TKANSCRIP r FROM THB A'ITOKNEY 'S OkFICE. IT IS VERY CONFIISING AND NEEDS 'IO i3E EXPLAIN W tiLTMI",,R THE $160.000,00 WILL HE PAID FOR THE SETTLEMEN'i' OF THE DISPUTE OK FOR A LICENSE FEE. WE CAN ASSXIME THAT THE PRIVATE ATTORNEY HANDLING THE CASE FOR FEC WAS PAID BY FEC. FOKMAI, ADMINISTRATIVE HEARING AND POSSlHLY WIN THE CASE AGAINST A NEW UNSAFE ORADE CROSSING ON THEIR LINE. SURYRISWXY FEC WAS GIVING UP, A'I' nim COST, 'rm RIWT FOR mk. PLANNElj ACCORDING TO MR WISBERG DIRECFOK OF PALM BEACH COUNTY 'TRAFFIC OIVISION A TWO LINES OVEHAL) HlclEIWAY URINE AT KYOTO GARDENS DRIVE INSTBAU Ob A FOUR LINES WOULD BE SUFFICIENT DUE TO A CONSTANT FLOW OF TRAFFIC. JT IS INFORTUNATE TWl' THE CITY COUNCIL ON NOVEMBER 18.1999 PASSED RESOLUTION 147 GARDENS DRIVE. MOST LIICELY A WELL PLANNED OVERHEAD HIGHWAY BRIDGE, IN CWPERATICSN WIT)? FDOT, COULD HAVE BEEN BUI1.T AND PAID FOR IN 10 YEARS OR LESS. FOR A GRADE CROSSING INSTEAD OP A QRAUE SPPAKA'I'BD CROSSING xr KYOTO DUE TO NEW DEVELOPMENTS ON tm. KYo'ro ISSUE, MY LEIW.R DATHI') MAY 05,2008 To DAVID ROHAL FEC VICE PRESIDENT, THE W~SIGNA'I'ION OF 'rm CITY AI'I'ORNEY, I BELIEVE THE MAYOR SHOULD CONSIDEK THE MEETPJG AT CITY HALL WT14 FEC AND FDOT THAT I HAVE BEEN ASKING FOR A LONU I'LME. &Y-F ROGER BLANGY 1 1658 HEML,WK STREET PALM BEACH GARDENS Ft 33410 CC: DAVID ROHAL, FEC VICE PRESIJUEN'I OPERATIONS. CHARLES STONE, ?I%C DLRFXTOR Of( PIVGUUEERING SERVICES. GERRY O'REILLY pI)O" DIRECTOH OF I'KANSPQRTA'fflON DEVELOPMENT DISTRICT FOUR 0 0 _. 3 (D m v) (D v) 4 U 0 3 Q 0 a m P (D v) U (D E. a, K - 0 0 0 0 5 (P 5 E rc 0 3 (D 0 0 < q a, - 5 (D T m ,-t _. v) v) 8 (D v) " % 0 0 2 o_ 5 (D C v, U 0 U c_ 2. 0 3 -. 2 0 0 3 (D rc 5 (D D (D ls 0 2 --h 2 + 5 (D 5 2. 0 m 3 m I3 n n 2 1 0 0 -c z 0 0 m D- O K r* I n a d P, 3 $ m r! M 0 B s 'V z 0 v) 0 i! z 0 z 0 z 0 \\-, \ \ z 0 t P 3 9 b 3 5' (Q 0 3 8' 0 3 3' 3 5' (Q I I '-1 s C 0 t '11 I L' . 'C CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 13,2008 Meeting Date: June 19, 2008 Resolution: 56,2008 SubjecVAgenda Item: Consider approval of Contract Award to Rosso Paving and Drainage, Inc., for intersection improvements at Kyoto Gardens Drive and Alternate AIA in the amount of $1 58,545.00. [XI Recommendation to APPROVE C 1 Recommendation to DENY City Attorney Financ dmi 'strator e Construction Services Department Administratgr City Manager[ Originating Dept.: Coordinator Community Services Department ~~ ~ Advertised: NIA Date: Paper: [ X ] Not Required Affected parties [ X ] Notified [ ] Not required Costs: $1 58.545.00 (Total) $2 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: pub0023.30.05.roadl 305.0900.541.6900 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Resolution 56,2008 Exhibit A: ITB Exhibit €3: Proposal Exhibit C: Contract [ ]None Date Prepared: June 13,2008 Meeting Date: June 19, 2008 Resolution: 56,2008 BACKGROUND: The construction of Kyoto Gardens Drive is substantially complete from Military Trail through Parcel 5A and 5B up to the Florida East Coast Railroad. The installation of the mast arms at Kyoto Gardens Drive and Alternate AIA are currently under construction. This work is being completed by Catalfumo Construction as part of their development obligations for their adjacent properties. The City is obligated to connect the remaining portion of Kyoto Gardens Drive over the FEC Railroad to Alternate AIA and provide intersection improvements for the Kyoto Gardens Drive and Alternate AIA intersection. The FEC crossing is currently under construction as part of Resolution 147, 1999, a stipulation agreement between the City and the Florida East Coast Railway Company. The Kyoto Gardens DriveIAlternate AI A Intersection improvements consist of fully opening the median, drainage modifications, the installation of turn lanes to allow four-way turning movements, curbing, sidewalks, signage and striping. The City issued an Invitation to Bid (Bid No. 2008-005) for the improvements of the Kyoto Gardens Drive/ Alternate AIA Intersection project on May 18, 2008. Bid responses were received on June 9, 2008, by the following seven (7) contractors at which time Rosso Paving and Drainage, Inc., was determined to be the low bidder. 1. Rosso Paving & Drainage, Inc. $1 58,545.54 2. Homestead Concrete & Drainage, Inc. $163,129.30 3. American Engineering & Development Corp. $1 65,555.99 4. J.W. Cheatham LLC $1 70,204.55 5. Master Excavators, Inc. $205,020.00 6. Sunshine Land Design, Inc. $213,331.72 7. Ranger Construction Industries, Inc. $21 4,184.00 After careful review of the submitted bid packages, Staff recommends a Contract Award to Rosso Paving and Drainage, Inc., in the amount of $158,545.00. If Council approves, these improvements are anticipated to commence July 1, 2008, and be completed within 75 days with Kyoto Gardens Drive to fully open fall 2008. This project will be funded through roadway impact fees. STAFF RECOMMENDATION: Approve Resolution 56, 2008 as presented.