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:
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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.
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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%.
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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.
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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.
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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
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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.
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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
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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
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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
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2 meeting.
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6 in Council Chambers.
7 VI. CITY MANAGER REPORT
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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
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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
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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.
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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
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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.
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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.)
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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5 A RESOLUTION OF THE CITY COUNCIL OF
6 BEACH GARDENS, FLORIDA APPROVING
THE CITY OF PALM
THE RENEWAL OF
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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
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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.
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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
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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.
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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:
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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.
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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.
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Comptroller
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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,
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Comptroller
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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:
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Comptroller
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(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
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.**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
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(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.
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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.
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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.)
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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
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(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.
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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
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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
.
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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.
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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.
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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.)
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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.
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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
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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.
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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:
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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.
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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.
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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.
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*****
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
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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
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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<y 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. &les 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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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26 VOTE:
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28 MAYOR JABLIN
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30 VICE MAYOR LEVY
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32 COUNCILMEMBER RUSSO
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34 COUNCILMEMBER BARNETT
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36 COUNCILMEMBER PREMUROSO
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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.
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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
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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);
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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
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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.