HomeMy WebLinkAboutAgenda Council Agenda 010506
City of Palm Beach Gardens
Council Agenda
January 5, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 5, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. (Page 6) Seacoast Utility Authority Rate Proposal and modifications to the Hood
Road and Richard Road Water Treatment Plants.
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 10) Approve Minutes from the December 1, 2005 regular City Council
meeting.
b. (Staff Report on Page 18, Resolution on Page 21) Resolution 3, 2006 - Traffic
Enforcement Agreement with The Isles Homeowners Association, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement for Traffic Control Jurisdiction between the City of Palm
Beach Gardens and the Isles Homeowners Association, Inc.; and providing an
effective date.
c. (Staff Report on Page 26, Resolution on Page 30) Resolution 8, 2006 –
Approve amendment number one to an agreement with Wendy M. Ross. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the final cost quote of $295,937, and authorizing the execution of an
amendment the agreement with Wendy Ross for the design, fabrication, and
installation of sculptures for the PGA Boulevard Flyover Towers; and providing
an effective date.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 52, Resolution on Page 55) Resolution 1, 2006 – South
Florida Blood Bank Plat. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the South Florida Blood Bank Plat; and
providing an effective date.
b. (Staff Report on Page 60, Resolution on Page 62) Resolution 2, 2006 -
Approving the Mirasol PCD Parcel Ten Plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Ten Plat;
and providing an effective date.
c. (Staff Report on Page 70, Resolution on Page 73) Resolution 6, 2006 –
Approving the Art in Public Places for the Midtown Planned Unit Development
(PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit
Development (PUD), which is located along the North side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, as more particularly
described herein; providing for conditions of approval; and providing an effective
date.
d. (Staff Report on Page 92, Resolution on Page 96) Resolution 7, 2006 -
Approving the Art in Public Places for the Donald Ross Village Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the Donald Ross Village
Planned Unit Development (PUD), which is located along the South side of
Donald Ross Road between Military Trail and Central Boulevard, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 148, Ordinance on Page 150) Ordinance 36, 2005 – (2nd
reading and adoption) Amending the Fiscal Year 2004/2005 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning
October 1, 2004, and ending September 30, 2005, inclusive; and providing an
effective date.
b. (Staff Report on Page 162, Ordinance on Page 164) Ordinance 39, 2005 - (2nd
reading and adoption) Amending the Fiscal Year 2005/2006 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning
October 1, 2005, and ending September 30, 2006, inclusive; and providing an
effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 171, Ordinance on Page 175) Ordinance 1, 2006 -
Expedited development review program for Economic Development Projects. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to an expedited development review program for Economic Development
Projects; creating a new Section 78-57, Code of Ordinances, to be entitled
“Targeted Expedited Permitting Program”; providing for codification; and
providing an effective date.
b. (Staff Report on Page 207, Ordinance on Page 209) Ordinance 2, 2006 -
Approval of a seven-year franchise agreement to Waste Management, Inc. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
granting an exclusive Solid Waste, Recycling, and Vegetative Waste Collection
Services Franchise to Waste Management, Inc.; authorizing the Mayor and City
Clerk to execute the franchise agreement with Waste Management, Inc.; and
providing an effective date.
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.
Stacy Rundle
From: Rim Bishop [rbishop@sua.com]
Sent:
To:
cc:
Subject: Water Treatment Alternatives Study
Attachments: Water Treatment Alternatives Cost.xls
Thursday, December 08,2005 3:28 PM
Ron Ferris; Rweisman@co.palm-beach.fl.us; gfnelson@bellsouth.net; Paul Carlisle; Don Noel
Nathan Nason; Bruce Gregg; Stew; Lori Montague; Andrea Holmes; MaryAnn Stiles; Dave Xavier;
Casino972@aol.com; TELIA441 O@aol.com; Tessier, Thomas
-_____ SUA Board Members:
We delivered your December 14 board meeting packet along with the bound LBFH Water Treatment Alternatives study
this afternoon. The purpose of this memo is to highlight critical elements of the Water Treatment Alternatives study for
you before the meeting, focus your attention on specific decisions that staff will ask the board to make, offer a preliminary
staff recommendation, and provide a recommended implementation schedule. Please note that staff will not ask for board
direction on December 14 -we simply plan to review and supplement the information already provided you.
REPORT DESCRIPTION
The formal title of the document we have been calling our "Water Treatment Alternatives Study" is "Preliminary Design
Evaluation for Modifications to the Hood Road and Richard Road Water Treatment Plants". It is a two-inch thick
document containing a great deal of technical detail sandwiched between Section 1, Executive Summary and Section 9,
Recommendations. Though the intervening 2.75 inches is very well written, thoroughly documented and critically
important to technical staff, policy issues are summarized very nicely in Sections 1 and 9. Board members may wish to
read those two sections first, referring to other sections as they require additional detail.
STAFF RECOMMENDATION
Reduced to its very essence, the report proposes alternatives described in the table appearing at the bottom of this e-mail
(see description of Options appearing beneath the table). Staff recommends Option 4, the $88,108,687 (2008 dollars)
that phases out all water treatment operations at the Richard Road plant, constructs raw and finished water repump
facilities to transfer water to and from the Hood Road plant, and provides for a single nanofiltrationheverse osmosis
treatment plant at the Hood Road site along with two deep injection wells for brine reject disposal, all by the year 201 1.
Considering potential labor savings, this is the lowest net present value option by which Seacoast can convert its lime
softening water treatment process to membrane treatment technologies.
Note that this recommendation deals only with the condition that we have identified as Scenario No. 1 - that is, little or no
service provided west of the Loxahatchee Slough. While Scenario 2 of the report deals with potential development west
of the Slough, that portion of the report is highly speculative and is thereby excluded from the current staff
recommendation. Seacoast will address the engineering and economics of serving the western service area at such time
as development plans for Vavrus and Florida Research Park become more clearly defined.
RATE IMPACT
While Seacoast's rate consultant has not had time to render a final opinion, staffs preliminary review indicates that the
above recommendation will have the following rate impact:
Monthly minimum water and sewer charges (no water consumption will increase by approximately $5 to about
$29 per month.
Monthly water and sewer charges for Seacoast's average single family residential user (6,000 gallons) will
increase by about $7.50 per month to approximately $35 per month. Seacoast is currently the least expensive of
27 local waterlsewer utilities for this sample user, and an increase of this scope would take us to number 22.
Monthly water and sewer charges for Seacoast's higher volume single family residential user (15,000 gallons) will
increase by about $8 per month to approximately $62 per month. We are currently 24th most expensive of 27
12/20/2005
Page 2 of 3
2016 $8,783,285 $0 $8,783,285 $6,779,139 $0 $6,779,139 $6,779,139 $0 b6,77
2017 $9,125,491 $0 $9,125,491 $7,047,663 $0 $7,047,663 $7,047,663 20 $7904
local waterlsewer utilities for this sample user, and such an increase would take us to number 21.
Adjusting Seacoast's current $2,700 per equivalent residential connection (ERC) connection charge to $3,200 will
assure that future customers bear their proportionate share (approximately 25%) of the cost of converting lime
softening capacity to nanofiltration. In other words, current customers will pay only the portion of related costs
associated with converting capacity currently in use, future customers will pay the rest.
Though it is not directly relevant to the boards deliberations concerning water treatment alternatives, it is important to
note that the rate consultant will likely recommend a substantial increase in reclaimed water rates, perhaps as much as
50%. Seacoast did not receive all the regulatory support it needed as it was developing its reclaimed water program in
the early 'l99Os, so participation was necessarily encouraged by offering artificially low reclaimed water rates. This meant
that a portion of waterisewer customer revenue was used to offset reclaimed water expenses. The consultant is likely to
recommend revised reclaimed water rates designed to fully offset related costs.
PROPOSED SCHEDULE
December 14,2005 - David Xavier, P.E., author of the Water Treatment Alternatives Report, will summarize the report for
the board and respond to board member questions. Mr. Osterman will respond to related rate questions but will not
propose amended rates. NO BOARD ACTION WILL BE REQUESTED ON THIS DATE.
December 14,2005 through January 25,2006 - Staff and consultants will respond to any follow-up questions and
comments offered by the board.
January 25,2008 - Staff will make its final Water Treatment Alternatives recommendation to the board, present proposed
rates that will support that recommendation, and suggest March 2006 public hearing dates to receive comment.
February, 2006 - Staff will arrange public notice of hearing dates. Billing messages and/or inserts will advise all Seacoast
customers of proposed rate hearings.
March, 2006 - Two public hearings on proposed Seacoast rates.
April 1,2006 - Staff's recommended effective date for revised rates
WATER TREATMENT ALTERNATIVES REPORT
SCENARIO 1 (NO SERVICE WEST OF C-18) COST COMPARISON
Operation, Maintenance and Capital Costs Only, No Debt Service Included
12/20/2005
Page 3 of 3
Option 1 Option 2 Option 3
$9 1,3 14,854 $146,115,625 $1 46,192,743
OPTION NO. 1 - Retain all lime softening facilities, renewing and replacing existing lime handling and treatment equipmen
OPTION NO. 2 - Replace existing lime softening capacity at both plants with nanofiltration completed in two phases
OPTION NO. 3 - Replace existing lime softening capacity at both plants with nanofiltmtion in one construction phase
OPTION NO. 4 - Replace existing lime softening capacity of both plants with one larger nanofiltration facility located at the
OPTION NO. 4 WITH LABOR SAVINGS CALCULATED - Through attrition, Seacoast can reduce its plant operations staf
12/20/2005
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 1, 2005
The December 1, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
opened with the Pledge of Allegiance. A moment of silence was observed in memory of
firefighter Shawn Thurman.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be
in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche,
and Councilmember Barnett.
ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin made a motion to
approve additions, deletions, and modifications to the agenda. Councilmember Levy seconded the
motion, which carried by unanimous 5-0 vote. Therefore the following additions, deletions, and
modifications to the agenda were approved: Additions: under the City Manager’s Report: an
update on the Northlake Boulevard Task Force and Resolution 183, 2005 - Ratifying Resolution
124, 2005 – amending the Charter Review Committee from 7 to 9 members. Deletion: under Part
II – Quasi-Judicial Public Hearing: Resolution 163, 2005 - Art in Public Places for Mirasol
Town Square (The petitioner has requested a postponement until December 15, 2005. A copy of
the letter was contained in the agenda packet.) Modifications: under Part II - Quasi-Judicial:
Resolution 166, 2005 (Companion item to: Ordinance 34, 2005 on for 2nd reading and adoption.
PGA Corporate Center (a/k/a "Parcel 5A") - These proposed changes are made to this resolution
as a result of negotiations between the petitioner and staff relating to the conditions of approval.
Resolution 162, 2005 - Companion item to: Ordinance 32, 2005 and Resolution 52, 2005 -
Frenchman's Yacht Club Expanding PCD Boundaries. This Resolution requires City Council
action prior to taking any final action on Ordinance 32, 2005 and Resolution 152, 2005.
ANNOUNCEMENTS/PRESENTATIONS:
Turnpike Interchange Construction Update by Michael Lewis, Program Manager Project
Planning, Florida Dept. of Transportation - Michael Lewis, Program Manager Project Planning,
Florida Department of Transportation, reported recent projects in the Palm Beach Gardens area.
The Sunpass Challenge Improvements project had added two lanes at PGA Boulevard and ramp
modifications, which had greatly improved operations. The State Road 710 interchange was
scheduled to open in the spring of 2006, which would alleviate traffic at the PGA Boulevard
interchange. Mr. Lewis reported that future turnpike lanes were anticipated at 8 lanes in the south
end of the county reducing, to 6 at PGA Boulevard, and 6 lanes extending north of PGA
Boulevard, and that two ramp lanes at PGA Boulevard would be discussed as an option. Future
planning would include community input.
Department Presentation: GIS Website - Melissa Prindiville, GIS Manager, provided the history
of collection of GIS (Geographic Information System) data by the city and the data elements, and
advised that Gardens GIS, accessed through the City’s website, would allow that data to be
shared by the public, improving communication. Ms. Prindiville explained the use of the GIS
website features.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy had attended the Loxahatchee River Management Coordinating Council,
which had passed two resolutions—one in support of dissolution of the Palmar water drainage
district, and the other to encourage the South Florida Water Management District and the Palm
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
2
Beach County Department of Resource Management to purchase environmentally sensitive land.
Councilmember Levy commented that global warming could affect the City and requested staff
look at programs used by Seattle, Washington to reduce greenhouse emissions, to see if any of
those methodologies would be applicable to the City of Palm Beach Gardens. Vice Mayor Jablin
reported the Charter Review met this week and thanked the volunteers on that committee. Vice
Mayor Jablin reported he was taken by ambulance to the hospital, and thanked the EMS staff and
everyone who had called and expressed concern. Mayor Russo reported he and Vice Mayor
Jablin had been notified that Congressman Shaw would be bringing the city a check for $375,000
to kick off the quiet zone program. Mayor Russo displayed the trophy won at the Mayor’s Golf
Tournament for last place. Mayor Russo thanked staff for working to bring the recreation
program at Riverside together. Mayor Russo asked for comments on the letters that needed to be
sent out. Mayor Russo thanked everyone for helping with the Big Heart Brigade. Mayor Russo
provided an update on Scripps, reporting that a letter had been sent to the County expressing
support if needed, and staff was providing information. Councilmember Valeche distributed to
the Council legislative initiatives by Congressman Shaw.
CITY MANAGERS REPORT:
Update on Northlake Task Force - Growth Management Administrator Charles Wu provided an
update and reported that the Town of Lake Park was interested in re-entering the task force, but
had proposed a proportionate contribution rather than $10,000 contribution per participant, to
which City staff had objected. Today’s proposed amendment was for Palm Beach Gardens and
North Palm Beach to contribute $10,000 each and for Lake Park to contribute $5,000 as a first
step to get them back into the task force and then to review the contribution amounts annually.
Discussion ensued in which Council members stated they were opposed to a proportionate
contribution. Consensus of Council was to accept the proposed amendment.
COMMENTS FROM THE PUBLIC:
Tom DeRita, 5770 Waterway Road, thanked the City for their job serving a record number of
Thanksgiving dinners and for allowing money to be raised for Shawn Thurman.
Kevin Eastori, 1511 40th Terrace north, asked what was being done about the dangerous Sunset
Drive and 40th Terrace intersection. It was reported staff was working to locate the owners and to
get cost estimates for repair, and working to get cross access. Mr. Eastori reported dangerous
potholes in Sunset Drive, reported on the drainage, and provided pictures. Staff was directed to
look at the situation.
Tim Frohling, 152 Euphrates Circle, thanked the Turnpike Authority for their efforts and asked
that the agencies involved in not providing a north county Tri Rail system make a presentation on
this matter at a Council meeting. Mayor Russo reported the City had received $800,000 to expand
PGA Boulevard to the west, but there was no money for the Tri Rail system, which was very
frustrating. The Mayor reported that Commissioner Marcus was also frustrated in this situation. It
was suggested that if the $800,000 was not spent in a year to try for permission to use the money
for other transportation projects. Mr. Wu provided the status of the railway transit agency
corridor study and the efforts being made by Commissioner Marcus.
CONSENT AGENDA:
The City Attorney advised that Resolution 183, 2005, which had been added to the agenda, could
be considered on the consent agenda. Vice Mayor Jablin made a motion to add Resolution 183,
2005 to the consent agenda. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote. Vice Mayor Jablin made a motion to approve the consent agenda.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
3
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the
following items were approved on the consent agenda:
a. Approve Minutes from the November 3, 2005 regular City Council meeting.
b. Resolution 174, 2005 - Disaster relief funding agreement for Hurricane Wilma. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the City Manager to execute a Disaster Relief Funding Agreement
with the State of Florida, Department of Community Affairs, for Disaster Relief
as a result of Hurricane Wilma; and providing an effective date.
c. Approval of Change Order No.1 with Total Maintenance Building Services, Inc.
for landscape maintenance services at various City Parks.
d. Resolution 183, 2005 - Ratifying an amendment to Resolution 124, 2005 which
created the Charter Review Committee, and providing an effective date. (The
amendment changed the number of committee members from 7 to 9.)
PUBLIC HEARINGS:
Part I – Non-Quasi-judicial
Ordinance 33, 2005 – (2nd reading and adoption) Plat Process Code amendment to clarify for
Development Order Review. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to review procedures for subdivisions and plats; amending Section 78-
41, Code of Ordinances, entitled “Applicability of Article” and Section 78-43, Code of
Ordinances, entitled “Review of Applications for Development Order Approval,” to provide
clarification of the review procedures for subdivisions and plats; providing for codification; and
providing an effective date. The City Clerk read Ordinance 33, 2005 on second reading by title
only. Mayor Russo declared the public hearing open. Talal Benothman presented the staff report
and noted for the record that the city code provided that City Council has final authority on
making decisions on plats. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin moved adoption of Ordinance 33, 2005 on second
reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-
0 vote.
Part II – Quasi-judicial - Mayor Russo announced the quasi-judicial procedures that would be
followed at tonight’s hearings. The City Clerk swore in all those who intended to testify in any of
tonight’s cases.
Ordinance 34, 2005 – (2nd Reading and adoption) PGA Corporate Center (aka "Parcel 5A") - An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of
land consisting of 78.96 acres, generally bounded by Interstate 95 right-of-way and Military Trail
to the West, the Winchester Courts and Garden Woods residential developments to the North,
Alternate A1A to the East, and PGA Boulevard to the South, as more particularly described
herein, from Research and Light Industrial Park (M1) and Planned Development Area (PDA)
zoning designations to a Planned Community District Overlay (PCD) zoning designation with an
underlying zoning of Research and Light Industrial Park (M1), to be referred to as the “PGA
Corporate Center PCD”; amending the zoning district map; and providing an effective date.
[Resolution 166, 2005 is a companion item to Ordinance 34, 2005 and will require Council
action] Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan
for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally
bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and
Garden Woods residential developments to the North, Alternate A1A to the East, and PGA
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
4
Boulevard to the South, as more particularly described herein, to allow the development of
240,000 square feet of office use and 600,000 square feet of light industrial use, including a
maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; providing
for waivers; providing for conditions of approval; and providing an effective date. The City Clerk
read Ordinance 34, 2005 and Resolution 166, 2005 by title only. Mayor Russo declared the public
hearing open and called for ex-parte communication. Councilmember Barnett reported no ex-
parte communication. Councilmember Levy reported speaking with Hank Gonzalez and Don
Hearing regarding future lab space. Councilmember Valeche, Vice Mayor Jablin, and Mayor
Russo all reported no ex-parte communication since the first hearing. Staff presented changes in
the conditions of approval since the first hearing, which were the result of negotiations with the
petitioner. Ryan Johnston with Catalfumo Construction represented the applicant and stated they
are in agreement with the proposed conditions of approval. Vice Mayor Jablin read a presentation
regarding the quiet zone, which would begin at Hood Road and would include all crossings
including Lighthouse Drive. Roger Blangy, Garden Woods, asked that the Kyoto Drive crossing
not be opened without a quiet zone, and asked for a meeting with City officials. Sharon Long,
Garden Woods, requested postponement of opening the Kyoto Drive crossing, and to limit the
number of tractor trailers that would go through. Larry Casey, Oakway Circle, volunteered
Congressman Shaw’s help to expedite matters with the FEC. Hearing no further comments from
the public, Mayor Russo declared the public hearing closed. The City Engineer discussed traffic
concurrency issues and advised there was approximately a year before the road construction
would begin so that the quiet zone efforts could continue. Mayor Russo advised the City would
continue to work on this issue. Vice Mayor Jablin indicated he was heartened by Congressman
Shaw’s participation. Vice Mayor Jablin moved adoption of Ordinance 34, 2005 upon second
reading. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Vice Mayor Jablin moved for approval of Resolution 166, 2005 with amendments proposed by
staff. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 37, 2005 – (1st reading) The Pointe, rezoning a parcel of land consisting of 9.18 acres,
located at the Northwest corner of Military Trail and Interstate-95. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land consisting of 9.18
acres, located at the Northwest corner of Military Trail and Interstate 95, as more particularly
described herein, from a Professional Office (PO) zoning designation to a Planned Unit
Development (PUD) overlay zoning designation with an underlying zoning of Professional Office
(PO); amending the zoning district map; and providing an effective date. [Resolution 175 is a
companion item to Ordinance 37, 2005 and will require Council action at second reading.]
Resolution 175, 2005 -- The Pointe, approving the master development plan for the
approximately 9.18-acre property located at the Northwest Corner of Military Trail and interstate-
95. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
master development plan for the approximately 9.18-acre property located at the Northwest
corner of Military Trail and Interstate 95, as more particularly described herein, to allow the
development of 150,000 square feet of Professional Office space and a five-level parking garage
to be referred to as “the Pointe PUD”; providing for waivers; providing for conditions of
approval; and providing an effective date. The City Clerk read Ordinance 37, 2005 on first
reading by title only. Mayor Russo declared the public hearing open and called for ex-parte
communication. Councilmember Barnett reported speaking with Anne Booth, Lloyd Ecclestone,
III, Tim Page, and Steve Mathison. Councilmember Levy reported a meeting with Anne Booth,
John Glidden, Lloyd Ecclestone III, Tim Page, and Steve Mathison, and had discussed drainage
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
5
with Stan Koch. Councilmember Valeche reported meeting with the same group. Vice Mayor
Jablin reported speaking with Anne Booth and Lloyd Ecclestone III. Mayor Russo reported
meeting with Anne Booth, Lloyd Ecclestone III, and staff, and speaking to Steve Mathison on the
phone. Attorney Steve Mathison provided a presentation on behalf of the petitioner. John Glidden
and Anne Booth also spoke on behalf of the petitioner. Justification for requested waivers was
provided by Ms. Booth. Sharon Long, Garden Woods, expressed favor for the project. Joan Elias,
Diamond Head Way, also expressed favor for the project. Hearing no further comments from the
public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to place
Ordinance 37, 2005 on first reading. Councilmember Levy seconded the motion. Councilmember
Barnett thanked Ms. Booth for reviewing the waiver justifications and expressed hope the buffer
along Military Trail would block the view of parking. Councilmember Levy commented this
building would be a landmark for the city. Vice Mayor Jablin stated he thought incorporating Art
in Public Places into the lake was a great idea. Motion carried by unanimous 5-0 vote.
Ordinance 32, 2005 – (2nd reading and adoption) Frenchman’s Yacht Club – Rezoning. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of
land consisting of 6.05 acres, located at the Southeast corner of Donald Ross Road and Prosperity
Farms Road, as more particularly described herein, from a Planned Development Area (PDA)
Zoning designation to a Planned Community District (PCD) zoning designation with an
underlying zoning of Residential Medium (RM); amending the zoning district map; and
providing an effective date. [Resolution 152, 2005 is a companion item to Ordinance 32, 2005
and will require Council action.] Resolution 152, 2005 - Frenchman’s Yacht Club – Master
Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the master development plan for the approximately 14.54-acre property located at the
Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly
described herein, to allow the development of 113 multifamily dwelling units and 9,990-square
feet of ancillary office/retail space for use by the marina to be referred to as “Frenchman’s Yacht
Club”; providing for waivers; providing for conditions of approval; and providing an effective
date. [Resolution 162, 2005 is a companion item to Ordinance 32, 2005 and will require
Council action.] Resolution 162, 2005 - Frenchman’s Yacht Club – Expanding PCD boundaries.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
Development Order of the Frenchman’s Creek Development of Regional Impact (DRI) and
Planned Community Development (PCD); amending the master development plan to allow for
the incorporation of a conversion matrix to permit the conversion of commercial to residential
uses and vice versa; allowing the development of up to 120 additional residential units;
modifying the boundaries of the DRI/PCD to incorporate a six-acre parcel adjacent to the subject
DRI/PCD and located at the Southeast corner of Donald Ross Road and Prosperity Farms Road;
authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of
Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County,
Frenchman’s Creek Property Owner’s Association, Inc., Frenchman’s Marina Resort, Ltd., and
Avatar Properties, Inc.; and providing an effective date. The City Clerk announced this item had
been re-ordered under Additions, Deletions, and Modifications and read the items in the
following order: Resolution 162, 2005, Ordinance 32, 2005 for second reading and adoption, and
Resolution 152, 2005. Mayor Russo declared the public hearing open and called for ex-parte
communication. Councilmember Barnett reported speaking with Al Malefatto, Eric Finkleberg,
and Jordan Connors. Councilmember Levy reported speaking with Tom Dorita and Jordan
Connors. Councilmember Valeche reported speaking with Eric Finkleberg and Tom DeRita. Vice
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
6
Mayor Jablin reported speaking with Tom DeRita and stated he had not been able to attend the
October 20, 2005 City Council meeting but had provided a memo to the Council regarding his
historical perspective, and therefore did not vote on the first reading of Ordinance 32, 2005;
however, since that meeting he had reviewed the CD and the minutes of that meeting and
considered the pro and con testimony presented, and would vote tonight based on the record in
this matter and the evidence presented at tonight’s public hearing. Mayor Russo reported he had
not spoken to anyone for the past two weeks on this matter. George Gentile provided a
presentation on behalf of the applicant. Mr. Benothman reviewed the staff report. Jason Fishbein,
Palm Point Circle, expressed favor for the project. Deborah Searcy, Paradise Point Road,
encouraged the Council to vote against this project. Joan Elias, Diamond Head Way, expressed
favor for the project. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin moved approval of Resolution 162, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo
re-opened the public hearing on Ordinance 32, 2005 and Resolution 152, 2005 and stated all
previous comments would be incorporated. Mr. Gentile reported the applicant met with residents
on the north side of Donald Ross Road as requested by the City Council and described the
resulting changes to the project, and the architect described changes to the buildings. Al
Malefatto reported agreement with Frenchman’s Creek with a revised condition 7 which he read
into the record: The uses permitted within the retail office portion of the site shall be limited to
uses that serve the residents of the site and the marina. Permitted uses include boat and marina
sales, marina office, condominium administrative office, ship’s store, concession sales, and
limited restaurant use for residents and guests of the condominium and users of the marina.
There shall be no outdoor seating with wait service. Outdoor seating without wait service that is
ancillary to the restaurant is permitted. There shall be no commercial signage on Donald Ross
Road or Prosperity Farms Road advertising these uses, and signage for these uses shall be
subject to City Council approval. Uses not otherwise permitted are specifically excluded. The
applicant also requested eliminating condition 4 allowing signage approval administratively.
Attorney Mathison requested an addition to the new condition 7 that Frenchman’s Creek, Inc. be
given notice when a sign package was submitted, to which the applicant agreed. No members of
the public came forward to speak. Mayor Russo announced that previous comments by the public
were incorporated and declared the public hearing closed. Councilmember Valeche indicated it
was the City’s policy that commercial be compatible with the residential, which was confirmed
by Mr. Wu. Vice Mayor Jablin moved adoption of Ordinance 32, 2005 on second reading by title
only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Vice
Mayor Jablin moved approval of Resolution 152, 2005 with condition 4 deleted, and condition 7
as read into the record by Mr. Malefatto, and subject to the notice of Frenchman’s Creek, Inc.
POA for any changes in the signage uses subject to City Council approval. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Resolution 169, 2005 - Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Replat
of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing an effective date. The
City Clerk read Resolution 169, 2005 by title. Mayor Russo declared the public hearing open.
There were no ex-parte communications. City Engineer Clark presented the replat. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin
moved approval of Resolution 169, 2005. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
7
Resolution 163, 2005 – Art in Public Places for Mirasol Town Square. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for
Mirasol Town Square, which is within the Mirasol Planned Community Development (PCD)
located on the Northwest corner of the intersection of PGA Boulevard and the Florida Turnpike,
as more particularly described herein; providing for conditions of approval; and providing an
effective date. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo requested a motion to continue the public hearing. Vice Mayor Jablin
moved to continue the public hearing for Resolution 169, 2005 to a date certain of December 15,
2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION
Mayor Russo called for comments on the response letters to Mr. DeFrancesco and the Buscheks.
The City Attorney advised she had turned the letter from the Buscheks over to the Police
Department since it alluded to criminal activity, and the Police Department had determined that
this was a civil matter. Vice Mayor Jablin made a motion to authorize Mayor Russo to sign the
letter to the Buscheks and to Mr. DeFrancesco. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Mayor Russo announced that the Hometown News had a policy of allowing a rant to be responded
to, and his response to the rant regarding waivers would be shared with the whole Council for any
input, and would address the efforts that had been made to involve the community. Vice Mayor
Jablin expressed appreciation to Hometown News for providing an opportunity for the City to
respond. Councilmember Levy commented this City government was open and completely
transparent and everyone could see the records, and he felt bad for someone who was unhappy
with it, but there had been an opportunity for them to come in and comment on anything that was
done.
The City Manager announced that there had been a call for nominations for an award sponsored
by Palm Beach County and the Visitors Bureau. Moroso race track had been nominated by the
General Manager of Continental Airlines and a member of the Tourist Development Council to
be recognized for their significant contribution to economic growth and tourism because of the
number of attendees to their events which contributed to the economy of the City. It was reported
they had plans to add a paint ball arena in the near future. A letter of support for this nomination
had been requested. Vice Mayor Jablin made a motion to support the nomination.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
CITY ATTORNEY REPORT:
City Attorney Tatum reported a letter had been received from Jeffrey Renbaum, an attorney with
Rudd and McCloskey, who had been asked to represent a group of Hunt Club residents who
would be petitioning the City for abandonment of a part of Hunt Club Drive that would not be
built. He had asked if the City Council had any concerns with him representing this matter since
his firm did other work with the City. Attorney Tatum advised she had no concerns, since these
were totally separate items, and recommended the Council grant the waiver of any potential
conflict. Consensus of Council was they had no problems with this matter.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:22 p.m.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/1/05
8
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November IO, 2005
Meeting Date: January 5,2006
Resolution 3,2006
SubjecUAgenda Item: Proposed Agreement between the City of Palm Beach Gardens
and The Isles Homeowners Association, Inc. to Provide Uniform Traffic Control on the
Private Streets and Roadways within the Isles community.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
i City Attorne w
Submitted by:
Department Director
Approved by: Mfi
Citi Manher
Originating Dept.:
Police Department
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
C'
[ x ] Not required
costs: $ 0
(Total)
$0 Current FY
Funding Source:
[ 3 Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 3, 2006
0 Agreement
0 Letter of Request
from Isles
[ ]None
Date Prepared: November IO, 2005
Meeting Date: January 5,2006
Resolution 3,2006
BACKGROUND: The Isles Homeowners Association, Inc. desires to enter into an
agreement with the City of Palm Beach Gardens for the purpose of enforcing traffic laws on
the private streets and roadways within their community. The Police Department
conducted a survey of the traffic control devices and signs within the community and
determined that they meet the standards set forth by the Florida Department of
Transportation.
STAFF RECOMMENDATION: Staff recommends entering into an agreement with The
Isles Homeowners Association, Inc. for the purpose of providing enforcement of traffic laws
within the Isles community and recommends approval of Resolution 3, 2006.
THE ISLES HOMEOWNERS ASSOCIATION, INC.
C/o Seacrest Services, Inc.
2400 Centre Park West Drive, Suite 175
West Palm Beach, FL 33409
(561) 697-4990 Fax (561) 697-4779
TO: Lieutenant Spencer Phone Number: (561) 799-4400
Palm Beach Gardens Fax Number: (561) 799-4589
Police Department
10500 N. Military Trail
Palm Beach Gardens, FI 33410
FROM: Carolyn Chaplik, President of the Board of Directors
cc: Seacrest Sewices, Inc. Phone Number: (561) 697-4990
(561 ) 697-4779 Property Management Company Fax Number:
DATE: November 1,2005
RE: THE ISLES HOMEOWNER’S ASSOCIATION:
Palm Beach Gardens Police Department Traffic Enforcement
Please allow this correspondence to serve as the Isle’s Homeowner’s
Association’s formal request to allow the City of Palm Beach Gardens Police
Department to enforce Palm Beach County’s code enforcements (such as
nuisances, dogs without leashes, and the like), and all traffic violations including,
but not limited to: posted speed signs, stop signs, and parking on the common
area.
Date Prepared: November IO, 2005
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RESOLUTION 3,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
TRAFFIC CONTROL JURISDICTION BETWEEN THE CITY OF
PALM BEACH GARDENS AND THE ISLES HOMEOWNERS
ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Isles Homeowners Association, Inc. owns and/or controls the
roadways within its development as private roads; and
WHEREAS, Section 31 6.006(2), Florida Statutes, provides that the City may
exercise traffic control jurisdiction over private roads by written agreement; and
WHEREAS, Mirabella at Mirasol Homeowners Association, Inc. wishes to
contract with the City of Palm Beach Gardens for performance of law enforcement
services and functions relating to traffic control within its boundaries in the City of Palm
Beach Gardens; and
WHEREAS, such agreement for law enforcement services has been prepared
and is attached hereto; 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 hereby accepts and approves the Traffic Control
Jurisdiction Agreement between the City of Palm Beach Gardens and Mirabella at
Mirasol Homeowners Association, Inc. and hereby authorizes the Mayor and City Clerk
to execute the Agreement.
SECTION 3. This Resolution shall take effect immediately upon adoption.
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Date Prepared: November 10,2005
Resolution 3,2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\traffic control jurisdiction agrnt-the isles- reso 3 2006.doc
2
AGREEMENT FOR TRAFFIC ENFORCEMENT
THIS
Florida
AGREEMENT is made and entered into as of the day of
, 2006, by and between the CITY OF PALM BEACH GARDENS, a
municipal corporation (“City”), and THE ISLES HOMEOWNERS
ASSOCIATION, INC., a Florida non-profit corporation (“Association”).
WITNESSETH:
WHEREAS, Section 316.006(2)(b), Florida Statutes, authorizes the City’s law
enforcement officers to exercise traffic control jurisdiction over private roads located
within the City pursuant to written agreement between the City and the party or parties
owning or controlling such roads: and
WHEREAS, the Association, as the beneficial owner of the roadways within The
Isles community, save Victoria Falls Boulevard, and acting on behalf of its residents,
has requested that the City provide uniform traffic control enforcement and the City has
agreed to provide such traffic control in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual representations herein
contained, the parties hereto agree as follows:
1. The City agrees to provide uniform traffic control in and on the private streets
and roadways within The Isles community during normal patrol hours. The
Association acknowledges that this Agreement does not guarantee a
minimum number of hours of traffic enforcement.
2. The Association agrees to indemnify and hold harmless the City, its Police
Department, and all of its officials, officers, agents, and employees against all
loss, liability, and expenses and all claims made for injury or damage to
person or property (including, but not limited to, wrongful death and
impairment of any property interest) arising or resulting from the City
exercising normal, customary traffic enforcement jurisdiction over the private
streets and roadways within The Isles community, which result from the
improper or negligent actions of persons under the direct control of the
Association or the negligent maintenance of the property which is under the
direct control of, and is the maintenance obligation of, the Association.
3. The City shall not be obligated to provide uniform traffic control within The
Isles community until such time as the Association posts state-approved
traffic control devices, where required.
4. This Agreement shall take effect on the date it is signed by both parties and
may be canceled by the City or the Association, for any or no reason, by
providing thirty (30) days’ written notice to the other party.
5. All notices required or allowed by this Agreement shall be hand-delivered or
mailed by certified mail, return receipt requested. Notices are to be sent to
the following:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
As to the Association: The Isles Homeowners Association, Inc.
c/o Seacrest Services, Inc.
2400 Centre Park West Drive, Suite 175
West Palm Beach, FL 33409
Attn: Linda Monroe, President
6. This Agreement represents the entire understanding between the parties with
respect to the subject matter hereof, and supersedes all other negotiations,
representations, and agreements, either oral or written, relating to this
Agreement.
7. In the event any section, paragraph, clause, or provision hereof is deemed
invalid by a court of competent jurisdiction, such shall not affect the remaining
portions of this Agreement, which shall remain in full force and effect.
(The remainder of this page left intentionally blank)
2
IN WITNESS WHEREOF, the parties have set their hands hereunto as of the
date first above written.
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
THE ISLES HOMEOWNERS ASSOCIATION,
INC.
,?
,
74 BY: /---.x '-<K//c/
L Linda MonroeVPresident
$p/G
ATTEAT:
GAattorney-share\AGREEMENTS\traffic enforcement agmt - the isles.doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 12,2005
Meeting Date: January 5, 2006
Resolution 8, 2006
SubjecUAgenda Item: Approve the Final Cost Quote of $295,937 to be funded from Art
Impact Funds, and Amendment No. 1 to an Agreement with Wendy M. Ross for the design,
fabrication and installation of the PGA Blvd. Flyover Sculptures
[ X ] Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
I City Attorney
G&
Administrator
Department Director
City &na&
Originating Dept.:
Angela Wong P
Operations Manager
Community Services
Department
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified
/
I 1 Not rewired
Costs: $40,904.00
(Total)
$40,904.00
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
304.1400.51 5.6900
Art Impact Fund
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Revised Artist Budget
w/Explanations
Resolution 8. 2006
[ ]None
Date Prepared: December 13,2005
Meeting Date: January 5, 2006
Resolution 8, 2006
BACKGROUND
As per Agreement for the design, fabrication, and installation of four (4) sculptures
for the PGA Boulevard Flyover towers, Wendy Ross is required to submit
construction documents, maintenance/preservation directions, lighting plans, and a
final cost quote with supporting documentation. All submittals have been reviewed
and approved by the Art in Public Places (AIPP) Board, City staff, and the City’s Art
Consultant, Joel Straus. The City’s Architect Firm, Oliver Glidden Spina & Partners,
also reviewed the submittals, and requested a reduction of the “sphere” diameter by
approximately one 1 foot due to its size in relation to the tower. However, at the
AIPP’s December 8 meeting, the Board approved for the “sphere” size to remain
as originally designed by the Artist.
\h)
In Fiscal Year 2003/2004, City Council approved the original project budget
allocation of $300,000 from the Art Impact Fund. Wendy Ross’ preliminary budget
and Change Order No. 1 total $255,032. The final cost quote has been submitted at
$295,937, which is a $40,905 difference, but is still within the original budget
allocation from the Art Impact Fund. The difference is mainly due to the increase in
stainless steel prices since originally quoted in September 2004.
As per the Agreement, the City Council has three options:
1. Allow the project to go forward as presented, increase the Artist fee to
$295,937, and amend the Agreement accordingly;
2. Require the Artist to redesign the project to reduce Final Cost Quote to the
$255,032; or
3. Abandon the project at no cost to the City and terminate the contract for
convenience .
The AIPP Board has made a recommendation to allow the project to go forward as
presented, and increase the Artist’s fee to $295,937. If the proposed Amendment
No. 1 to the Agreement is approved, the artwork is tentatively scheduled to be
installed in May 2006. Also upon approval, the Artist will develop a proposed
schedule for fabricating, delivery, and installation of the sculptures, which will be
approved by staff.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 8, 2006 as presented.
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6 A RESOLUTION OF
7 BEACH GARDENS,
RESOLUTION 8,2006
THE CITY COUNCIL OF THE CITY OF PALM
FLORIDA APPROVING THE FINAL COST
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QUOTE OF $295,937, AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT THE AGREEMENT WITH WENDY ROSS FOR THE
DESIGN, FABRICATION, AND INSTALLATION OF SCULPTURES
FOR THE PGA BOULEVARD FLYOVER TOWERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered into an Agreement with Wendy Ross on April 7,
2005, for the design, fabrication, and installation of four sculptures to be located within
the PGA Boulevard Towers (“Project”) for a preliminary cost of $250,000, attached
hereto and incorporated herein as Exhibit “A; and
WHEREAS, since the preliminary cost was obtained in September 2004, the
Artist’s expenses have increased since then, primarily due to material costs; and
WHEREAS, per the Agreement, Wendy Ross has submitted a final cost quote
with supporting documentation in the amount of $295,937; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
authorizes the execution of an Amendment to the Agreement for the design, fabrication,
and installation of four sculptures, which is attached hereto and incorporated herein as
Exhibit “B,” increasing the Artist Fee to $295,937 to be funded by the Art Impact Fund.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: December 9,2005
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Date Prepared: December 13,2005
Resolution 8,2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\wendy ross amendement -reso 8 2006.doc
2
Date Prepared: December 12,2005
Meeting Date: January 5, 2006
Resolution 8, 2006
EXHIBIT “A”
Artist Agreement
FINALIST AGREEMENT
THIS AGREEMENT is made and entered this 1 q* day of
,2005 by and between the City of Palm Beach Gardens, a
Municipal Corcjbration whose address is 10500 North Military Trail, Palm Beach
Gardens, Florida 33410, (herein after referred to as "City") and Wendy M. Ross, a sole
proprietorship doing business as Ross Sculpture Studio, whose address is 661 1 Landon
Lane, Bethesda, MD 2081 7 (" herein referred to as Artist").
RECITALS:
WHEREAS, the City issued a Request for Proposal Number 2004-04-01 8,
hereinafter referred to as ("RFP) for the design, fabrication, and installation of four (4)
outdoor Sculptural Elements by artists to be placed on four (4) concrete towers being
constructed or now constructed on State Road No. 786 otherwise known as PGA
Boulevard Overpass located in the City of Palm Beach Gardens, Florida, (herein after
referred to as "Site") and collectively referred to as ("Sculpture or Project"), and;
WHEREAS, the Artist responded to the RFP and was selected by the Palm
Beach Gardens City Council pursuant to the RFP at a City Council meeting held on
January 19, 2005, as the responsive, responsible Proposer and the City Council
accepted the Proposal and response by the Artist to the RFP, which was deemed
Phase 1 of the Project ,and;
WHEREAS, the parties wish to enter into this Agreement for Phase 2: Design,
Development, Fabrication, and Phase 3: Shipping and Installation of the Sculpture.
NOW, THEREFORE, in consideration of the mutual representations, obligations,
and promises herein contained the parties agree as follows:
Article 1. SCOPE OF PROJECT
1 .l Phase 2: Design Development. The Artist shall perform all services and furnish
all supplies, material and equipment as necessary for the design, execution,
fabrication, transportation, installation and lighting of the Sculpture at the Site.
1.1.1 Structural and Design Review. The City shall furnish the artist the latest set
of architectural, electrical and other drawings of the Site. If the Site is
completed, "as built" drawings, if they exist, shall be furnished to the artist.
These drawings shall be the basis for the Artist's preparation of the CD.
On-or before one hundred and thirteen days after the execution of this
Agreement, the Artist shall prepare and submit to the City for review
Construction Documents ('CD''), and said CD's shall comply with all
applicable laws, rules, regulations, codes, ordinance, directives and
guidelines, whether Federal, State or local for Sculptures and the
1
installation of the same. In addition, the Artist shall be required to supply
the detailed specifications and drawings of the Sculptures within the CD,
including connections to the structural base of the towers, and lighting of
the same as it relates to the site. All such CD’s shall be sealed by the
appropriate licensed Structural Engineer, Civil Engineer and other such
design professionals required of which shall be licensed and in good
standing within the State of Florida. The detailed working plans,
specifications, and drawings shall include detailed installation plans and
lighting plans within the CD. The Artist shall also present a mock up of the
LED lighting on the sample material in daylight hours in order to ascertain
the lighting quality and intensity. The time, location and the scale of the
mock up shall be mutually agreed upon in advance and at the discretion of
the City occur at a time and location that a representative of the City can
attend said mock up presentation. The CD shall also include instructions
for the appropriate maintenance and preservation of Sculptures and shall
be submitted with the Construction Documents. The Artist shall also
supply a Final Cost Quote within the CD for the Project.
On or before fourteen (14) days after receipt of the CD, the City shall
review the CD which includes, but is not limited to, the working plans,
specifications, and drawings of the Sculptures and advise the Artist in
writing whether said CD, the plans, specifications, and drawings, including
the lighting plans and the cost thereof, are acceptable to the City as
submitted.
The Artist shall submit a Final Cost Quote for the proposal set forth in the
CD concurrently with the CD package, and the cost quote shall be
substantiated with backup quotes from subcontractors and suppliers of the
Artist, if any, at the time the cost quote herein is due. The artist shall also
include Artist’s fees for the Sculpture. If the Final Cost Quote exceeds the
maximum Project Budget set forth in section 2.1, the City may, in its
discretion: (a) require the Artist to redesign the project to reduce Final
Cost Quote to the established maximum amount Project Budget as set
forth in section 2.1; or (b) abandon the project at no cost to the City
terminate the contract for convenience in accordance with the provisions
of 10.1.
If the Construction Documents, specifications, and drawings, or any parts
thereof are not acceptable to the City, the City shall so advise the Artist in
writing. Thereafter, at not cost to the City, the Artist shall revise the CD’s
the Cost Quote and detailed working plans, specifications, and drawings
so as to meet the criteria of the City, who, acting in good faith, shall
promptly review the revised detailed documents. Nothing herein, however,
shall prevent the City from terminating the contract for convenience in
accordance with IO. 1.
2
1.2
1.1.2
The Artist shall also produce and submit to the City such additional
relevant information, graphic, non-graphic, andlor descriptive drawings of
the Sculptures as is requested by the City to clarify the CD.
Execution of the Sculpture. After the City accepts and approves the
detailed Construction Documents, specifications, drawings of the
Sculpture, lighting and Final Cost Quote, Artist shall furnish to the City in
writing a proposed schedule for fabricating, transporting, and installing the
Sculpture. The City shall advise Artist in writing if said proposed schedule
is acceptable within seven (7) days after receiving the proposed schedule.
If the proposed schedule is not acceptable to the City, Artist and the City
shall discuss the City’s objection(s) to the proposed schedule, and the
proposed schedule shall be revised so that it is acceptable to the City. The
City’s acceptance of the proposed schedule shall be in writing and shall be
made in good faith. After written acceptance of the schedule by the City,
the schedule may only be amended by written agreement between Artist
and the City. Upon receipt of the City’s written acceptance of the
schedule, Artist shall provide such insurance required by the City as
stated in Article 5 and commence to fabricate the Sculpture pursuant to
the agreed upon schedule and in conformity with the plans, specifications,
drawings, CD’s and price that were accepted and approved by the City.
Artist shall not deviate from the plans, specifications, drawings, CD’s and
price that were accepted and approved by the City without the prior written
authorization from the City. During the fabrication of the Sculpture, the
City and any representatives thereof shall have the right to inspect the
Sculpture at reasonable times.
Phase 3: Delivery and Installation. The Artist shall notify the City and all other
governmental authorities having jurisdiction over the project as identified by the
City in writing forty-five (45) days prior to the time the Sculpture is completed and
is ready for delivery and installation at the Site. The City or one of its
representatives, at the City’s discretion, shall upon reasonable notice to the Artist
inspect the Sculpture before delivery to the Site. Upon written acceptance by the
City, the Artist shall coordinate, deliver and install the Sculpture on site, including
the installation of the Sculpture, connections to the towers’ structures, and
lighting. The City shall coordinate all installation activities with such governmental
entities having jurisdiction over the same, including but not limited to the Florida
Department of Transportation (FDOT) and shall provide full access to the sites as
necessary for installation together with any permits, licenses, fees, or other
requirements. Artist shall cooperate with the City.
1.3 Post-installation. The Artist shall be available to attend any inauguration or
presentation ceremonies relating to the Sculpture at the Site if such ceremony
occurs no later than three (3) months after installation is complete and if City
notifies Artist at least 45 days prior to the date of such inauguration or
presentation ceremony.
3
1.4 Final Acceptance. Within seven (7) days after the Sculpture is installed at the
Site, the City shall advise Artist in writing whether the Sculpture as installed is
acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the
City advises Artist in writing that the Sculpture is acceptable. Title to the
Sculpture shall pass from Artist to the City, subject to the provisions of Articles 6
and 7 herein, when the City notifies Artist that the Sculpture is acceptable. Final
acceptance shall not be withheld if the sculpture conforms to the plans and
specifications in the Construction Documents and the Price Quote.
1.5 The Ownership of Documents, Models. Upon Final Acceptance of the Sculpture
by the City, the Artist shall grant to the City title to the Schematic Proposal,
models, drawings, digital images, and video and any other items involving the
Project. This provision is in addition to and other prior assignments of rights.
Article 2. COMPENSATION PAYMENT SCHEDULE AND INVOICES.
2.1 The City shall pay to Artist a fee in the amount of $ 250,000 , inclusive of any
gallery commission. This Artist fee shall be payable as follows:
2.1.1 Preliminary Design Proposal. The City has paid the Artist an initial fee of
Three Thousand Dollars ($3,000) for Phase 1 : Schematic Proposal. This
initial fee may be retained by the Artist and no part of it shall be refunded.
2.1.2 Phase 2: Design Development. Upon execution of this Agreement, the City
shall pay the Artist the sum of $ 31,568 , less the $3,000 previously paid,
for a total of $ 28.568 . All payments are to be made within thirty (30) days
from receipt of invoice.
2.1.3 Construction Documents and final Cost Quotes Approval. Upon City's
approval of the Construction Documents and Final Cost Quote, the City
shall pay the Artist the sum of !$ 77.510 . All payments are to be made
within thirty (30) days from receipt of invoice.
2.1.4 50% Fabrication. The City shall pay the Artist the sum of $ 43,011 at such
point in the fabrication of the component materials of the Sculpture
whereby the components are such that the Sculptures can be examined in
its entirety and can be inspected by the City for their conformity to the
specifications as set forth in the Construction Documents.
4
2.1.5 100% Fabrication. The city shall pay the Artist the sum of $ 54,011
such point as the fabrication is complete and can be inspected by the City
for the conformity to the specifications as set forth in the Construction
Documents.
at
2.1.6 Phase 3: Shipment and Execution of the Sculpture and Installation.
The City shall pay Artist a final payment of $43,900 after final installation
of the Sculpture on the Site when it notifies the Artist that the,Sculpture is
in conformity with the CD's, plans, specifications and drawings previously
approved by the City. The total payments made by the City shall not
exceed the total fee found in Section 2.1.
2.1.7 Invoices: Artist shall submit one (1) invoice for five (5) payments
corresponding to the 2.1.2 through 2.1.6 for a total of $ 247,000 excluding
the $3,000 in 2.1 .I. Artists shall reference section Article 2. of the Flyover
Agreement. Invoice shall be addressed as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Angela Wong
Artist shall fax copy of the invoice to: Joel Straus at 773- 442-0091.
2.2 Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes,
and any and all similar charges relating to the Sculpture and any services and
materials provided by Artist shall be paid by the Artist. The City, being a tax-
exempt entity, shall not pay any sales tax incurred by the Artist.
2.3 Artist's Expenses. The Artist shall be solely responsible for the payment of
expenses incurred in making submissions to the City and all travel expenses
incurred by the Artist and the Artist's agents and employees in performing the
services required under this Agreement,
Article 3. TIME OF PERFORMANCE.
3.1 Early Completion of Artist Services. The Artist shall be solely responsible for any
and all transportation and storage costs resulting from the completion of his/
herlits services hereunder prior to the time agreed upon for installation of the
Sculpture at the Site. The City shall assume the costs, if any, associated with any
delays in making the site available for installation after the date as accepted in the
schedule as defined in Article 1.1.2.
Article 4. WARRANTIES.
4.1 Warranties of Title. The Artist represents and warrants that: (a) the Sculpture is
5
solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and
original and does not infringe upon any patents or copyrights; (c) that the
Sculpture, or a duplicate thereof, has not been accepted for sale elsewhere; and
(d) the Sculpture is free and clear of any liens from any source whatsoever.
4.2 Warranties of Qualify and Condifion. The Artist represents and warrants that: (a)
the execution and fabrication of the Sculpture will be performed in a professional
manner; (b) the Sculpture, as fabricated and installed will be free of defects
material and workmanship, including any defects consisting of “inherent vice”,
qualities which cause or accelerate deterioration of the Sculpture, or negligence,
gross negligence in the material structure or installation methods of the Sculpture
for a period of one year; and (c) maintenance of the Sculpture will not require
procedures other than those described in the CD’s, detailed plans, specifications,
and drawings that were accepted and approved by the City.
Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY.
5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the
Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall
take steps such as is necessary to protect the Sculpture from loss or damage
until Final Acceptance. The Artist shall maintain all insurance as is required by
this Agreement and name the City as additional insured on all policies.
5.1.1 lnsurance Limits and Minimums. Artist supply the City with a certificate of
insurance showing general liability with minimum $1,000,000 limit including
products and completed operations coverage, Worker‘s Compensation
coverage and automobile insurance including hired & non-owned
coverage, and property coverage for the Art. With the exception of the
Workers’ Compensation coverage, the Artist shall maintain the insurance
required in this Agreement with deductibles of no more than $5,000.00 per
claim. The coverage currently maintained by Oceaneering as evidenced on
a certificate dated March 7, 2005 from Jardine Lloyd Thompson, LLC is
acceptable to City. The City shall be named as an additional insured
through installation until Final Acceptance.
5.2 Artist’s Life lnsurance and Disability At the request of the City, Artist shall obtain
comprehensive life and disability insurance in the amount of $250,000 in favor of
the City for the period from the date of approval of the proposed schedule under
I .1.2 until the date set forth in the schedule for acceptance by the City.
5.3 The City’s Responsibility. The City’s acceptance of responsibility for the
Sculpture shall occur concurrently with the City’s Final Acceptance of the
Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City’s
responsibility shall not include that which is warranted by the Artist in Paragraph
4.2 and shall not be deemed to be a waiver of the warranties provided therein.
6
5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City,
and all of its respective members, agents, officials, and employees from and
against all injuries, deaths, loss, damages, claims, patents claims, suits, matters,
judgments, costs and expenses, including attorney's fees, which may in any way
accrue against said entity or individuals, including any damage to property or
buildings, relating to the work to be performed, or being performed by the Artist,
pursuant to this Agreement.
Article 6. REPRODUCTION RIGHTS.
6.1
6.2
6.3
General. The Artist retains all rights under the U.S. Copyright Act, 17 U. S.C. 101
et seq., as amended, and all other rights in and to the Sculpture except
ownership and possession and except as such rights are limited by this Section
6.1. In view of the intention that the Sculpture in its final dimension shall be
unique, the Artist shall not make any additional exact duplicate, three-
dimensional reproductions of the final Sculpture, nor shall the Artist grant
permission to others to do so except with the written permission of the City. The
Artist grants to the City and its assigns an irrevocable and royalty free license to
make reproductions of the Sculpture for non-commercial purposes, including but
not limited to reproductions used in advertising, brochures, media publicity, and
catalogues or other similar publications or for other purposes.
Notice. All reproductions of the Sculpture by the City shall contain a credit to the
Artist and a copyright notice substantially in the following form:
0 ARTIST NAME, date of publication.
Credit to City. The Artist shall use his best efforts to give a credit reading
substantially, "work owned and commissioned by the City of Palm Beach
Gardens or its assigns," in any public showing under the Artist's control of
reproductions of the Sculpture.
Article 7. ARTIST'S RIGHTS.
7.1 Identification. The Artist shall design, prepare, and deliver to the City for
installation by the City at a place determined by the City, pursuant to the written
instructions and prior written approval of the City, a plaque identifying the Artist,
the title of the Sculpture and the year of completion and such other information
as the City and Artist may determine. The costs for design, preparation, and
delivery shall be separately reimbursable and the City will install or cause to have
installed the plaque.
7.2 Maintenance. The City recognizes that maintenance of the Sculpture on a regular
basis is essential to the integrity of the Sculpture. The City shall reasonably
assure that the Sculpture is properly maintained and 'protected as specified in the
detailed working plans, specifications, and drawings accepted and approved by
7
the City all referred to as CD.
The Artist represents that the Sculpture has been designed, fabricated, and
installed to accommodate the routine annual cost of the Maintenance as set forth
in the detailed working plans, specifications and drawings as found in the CD’s.
7.3 Repairs and Restoration.
7.3.1 The City shall have the right to determine, after consultation with a
professional conservator, when and if repairs and restorations to the
Sculpture will be made. During the Artist‘s lifetime and competency, the
Artist shall have the right to approve all repairs and restorations, except
that the Artist shall not unreasonably withhold approval for any repair or
restoration of the Sculpture. If the Artist unreasonably fails to approve any
repair or restoration of the Sculpture, the City shall have the right to make
such repair or restoration. At the City’s discretion and to the extent
practical, the Artist, during the Artist‘s lifetime and competence, shall be
given the opportunity to make or personally supervise significant repairs
and restorations and shall be paid a reasonable fee for any such services,
except that the City and the Artist shall agree in writing, prior to the
commencement of any significant repairs or restorations, upon the Artist’s
fee for such services, unless such repairs are undertaken as a result of
breach of warranty.
7.3.2 All repairs and restorations shall be made in accordance with recognized
principles of conservation.
7.3.3 If work is required due to breach of warranties by the Artist within one year
after Final Acceptance, the Artist shall correct same, at her expense.
7.4 Permanent Record. The City shall maintain on permanent file a record of this
Agreement and of the location and disposition of the Sculpture.
7.5 Artist’s Address. The Artist shall notify the City of changes in her address. The
failure to .do so, if such failure prevents the City from locating the Artist, shall be
deemed to be a waiver by the Artist of the right subsequently to enforce those
provisions in this Agreement that require the express approval of the Artist.
Notwithstanding this provision, the City shall make every reasonable effort to
locate the Artist when matters arise relating to the Artist’s rights
7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7
shall be binding upon and inure to the benefit of the parties, their heirs, legatees,
executors, administrators, assigns, transferees and all their successors in
interest, and the City’s obligations attach and run with the Sculpture and Site and
shall be binding to and until ten (10) years after the death of the Artist. However,
the obligations imposed upon the City by Section 7.3.1 shall terminate on the
death or incompetence of the Artist. The City shall give any subsequent owner of
8
the Sculpture notice in writing of the covenants herein, and shall cause each
such owner to be bound thereby.
Article 8. ARTIST AS INDEPENDENT CONTRACTOR.
8.1 The Artist shall perform all work under this Agreement as an independent
contractor and not as an agent or an employee of the City and shall indemnify
and hold the City, and all of its respective members, agents, officers, and
employees harmless from any loss, damage, and expenses, including
reasonable attorney's fees, arising from any claim by any person or entity that
the Artist did not act as an Independent Contractor, unless such claim arises as a
result of action by the City or its members, agents, officers, or employees and not
from any action or assertion by Artist.
Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING.
9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or
transfer an interest in this Agreement without the prior written consent of the
other except as provided under Article 11.
Article IO. TERMINATION.
10.1 If either party to this Agreement shall fail to fulfill in a timely and proper manner,
or othewise violate, any of the covenants, agreements or stipulations of this
Agreement, the other party shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting party of its intent to
terminate, specifying the grounds for termination. The defaulting party shall have
thirty (30) days after receipt of the notice to cure the default. If it is not cured,
then this Agreement shall terminate at the option of the non-defaulting party.
The City reserves the right to terminate this agreement for convenience upon
seven (7) days prior written notice to the Artist. Should the City terminate for
convenience herein, the City agrees to pay the Artist for work completed up to
the date of termination herein, including any expenses incurred by Artist in
terminating any subcontracts. Should a dispute arise as to the amount due, the
parties agree to be bound by the decision of the Consultant, Joel Straus. The
City shall be relieved from all liability under this agreement upon termination
herein.
10.2 In the event of default by the City, the City shall promptly compensate the Artist
for services performed by the Artist prior to termination. In the event the City
questions the reasonableness of the cost of services performed, Mr. Joel Straus
(J.S. Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine
"reasonable costs" which shall be paid.
9
In the event of default by the Artist, all finished and unfinished drawings,
sketches, photographs, and other work products prepared and submitted or
prepared for submission by the Artist under this Agreement shall at the City’s
option become its property except that no right to fabricate or execute the
Sculpture shall pass to the City. The Artist shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of this Agreement
by the Artist, and the City may reasonably withhold payments to the Artist until
such time the exact amount of such damages due the City from the Artist is
determined.
Article 11. CITY ASSIGNMENTS.
The parties hereto understand that State Road 786 is under the authority of the Florida
Department of Transportation (FDOT) as such the City may assign all of its right to
FDOT upon final acceptance of the Project. Artist agrees to cooperate with the City
should the City decide to assign its rights.
Article 12. FUNDING
This agreement is subject to fiscal funding out by the City. Should the City fund out
pursuant to this section, the City shall be considered to have terminated the contract for
convenience pursuant to 10.1 and shall be relieved from all further liability herein,
except as provided under 10.1.
Article 13. CONTRACT ADMINISTRATOR.
The Contract Administrator for this Agreement shall be the City Manager or designee.
Wherever this Agreement requires any notice to be given to or by the City, or any
determination or action to be made by the City, the City Manager or designee shall
represent and act for the City.
Article 14. COMPLIANCE.
The Artist shall be required to comply with Federal, State and City law, statutes,
ordinances and regulations applicable to the performance of the Artist’s obligation under
this Agreement.
Article 15. ENTIRE AGREEMENT -AGREEMENT WITH THE CITY.
This writing embodies the entire agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
Article 16. MODIFICATION.
No alteration, change or modification of the terms of this Agreement shall be valid
unless made in writing and signed by all parties hereto and approved by appropriate
action of the City.
Article 17. WAIVER.
No waiver of performance by either party shall be construed as or operate as a waiver
of any subsequent default of any terms, covenants or conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a
waiver of any right or acceptance of defective performance.
Article 18. GOVERNING LAW.
This Agreement, regardless of where executed or performed, shall be governed by and
construed in accordance with the substantive laws of the State of Florida.
Article 19. HEIRS AND ASSIGNS.
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective heirs, personal representatives, successors and permitted
assigns.
Article 20. ARBITRATION.
All disputes or controversies that may arise between the parties with respect to the
performance, obligations or rights of the parties under this Agreement shall be settled
by binding arbitration to be held in Palm Beach County, Florida, in accordance with the
then current Rules of Commercial Arbitration of the American Arbitration Association.
The dispute shall be referred to a panel of three arbitrators, one to be selected by the
Artist, one to be selected by the City and the third to be selected by the first two.
If an agreement on the third arbitrator cannot be reached within thirty (30) days after the
appointment of the second arbitrator, such arbitrator shall be appointed by Joel Straus.
The decision and award of the arbitrators, or that of any two of them, shall be final and
binding on the parties, and judgment may be entered upon it in any court having
jurisdiction thereof.
11
Article 21. NOTICES.
All notices, requests, demands and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery, if delivered personally, or if sent US Postal
Service by placing into a US Postal Service Depository and sent by registered or
certified mail, return receipt requested, postage prepaid as follows:
If to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
copy to:
Christine Tatum, Esq.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
ARTIST:
Wendy M. Ross
6611 Landon Lane
Bethesda, MD 2081 7
(The remainder of this page left intentionally blank)
12
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this I ?*day of r*ly , 2005
CIN:
ATTEST: ClN OF PALM BEACH GARDENS, a Florida
municipal corporati
By: rmQ By:
Patricia Sni erl CMC, Ci Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: HI
CKstine P. Tatum, City Attorney
Executed by the Artist this f G day of BAY ,2005.
ARTIST: Ubuh %I 6 55
Wend$ W~OSS
WITNESS: [e
By: m R, 44
Notary Pubiic "-
Commission Expires: ni -IO- ~~06
14
JARDINE LLOYD THOMPSON LLC
CERTIFICATE OF INSURANCE
POLICY AGREED VALUE OR
TYPEOFINSURANCE POLICYNO. PERIOD LMllS OF LIABILITY
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1) DATE: 9/27/2005
CONTRACTrmE: PGA Flvover Towe r Sculptures
To CONTRACTOR: )Went& M. Ro ss
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO AU CONTRACT STIPULATDNS AND COVENANTS.
JUSTIFICATION aed survevim WM 'ces to obtain weds8 measure ments fo r each tower. (FDO T
toh
RY OF CONTRA CT AMOU rQ
,ORIGINAL CONTRACT AMOUNT I I 250,000.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY 0.00 I I
CONTRACT AMOUNT PRIOR TO THIS CHANGE I 250,000.00
ORDER
COST OF CONSTRUCTION CHANQES THIS ORDER
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS
6,032.00
255.032.00
CHANGE ORDER
Percent Increase This Change Order
Total Percent Increase To Date
Extension Of Contract Time Allowed By This Change 0 Calendar Days.
CERTIFIEDSTATEMENT: I hereby certi that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contraded
for under benefit of competitive bidding.
2.01%
2.01 %
. 5<
CONTRACT~R ku/pbe ~~&RCHITECTIENGINEER
(slgn 6 seal)
TO BE FlUD OUT BY DEPARTMENT INITIATING CHANGE ORDER
nt 304.f4OO.515.6900
DEPARTMENT ACCOUNT NUMBER
RECOMMEND: RECOMMEND:
ATEST
CITY C&RK
Date Prepared: December 12,2005
Meeting Date: January 5,2006
Resolution 8, 2006
EXHIBIT “B”
Amendment No. 1 to Agreement
AMENDMENT TO FINALIST AGREEMENT
THIS AMENDMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (hereinafter referred to as “City”) and
Wendy M. Ross, a sole proprietorship doing business as Ross Sculpture Studio, whose
address is 6611 Landon Lane, Bethesda, Maryland 20817 (hereinafter referred to as
“Artist“).
WHEREAS, the City desires to approve the Final Cost Quote for design,
fabrication, and installation of art pieces to be located on State Road No. 786 (PGA
Boulevard) and the parties are desirous of amending that certain Finalist Agreement
executed on May 19,2005.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Artist and the City agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. Article 2. COMPENSATION PAYMENT SCHEDULE AND INVOICES is hereby
amended to read:
2.1 The City shall pay to the Artist a fee in the amount of $295,937, inclusive
of any gallery commission. This Artist fee shall be payable as follows:
2.1 .I Preliminary Design Proposal. The City has paid the Artist an initial
fee of Three Thousand Dollars ($3,000) for Phase 1: Schematic
Proposal. This initial fee may be retained by the Artist and no part
of it shall be refunded.
2.1.2 Phase 2: Design Development. Upon execution of this Agreement,
the City shall pay the Artist the sum of $31,568, less the $3,000
previously paid, for a total of $28,568. All payments are to be made
within thirty (30) days from receipt of the invoice.
2.1.3 Construction Documents and Final Cost Quotes Approval. Upon
the City’s approval of the Construction Documents and Final Cost
Quote, the City shall pay the Artist the sum of $110,487. All
payments are to be made within thirty (30) days from receipt of the
i nvo ice.
2.1.4 50% Fabrication. The City shall pay the Artist the sum of $46,551
at such point in the fabrication of the component materials of the
Sculpture whereby the components are such that the Sculptures
can be examined in its entirety and can be inspected by the City for
their conformity to the specifications as set forth in the Construction
Documents.
1
2.1.5 700% Fabrication. The City shall pay the Artist the sum of $57,551
at such point as the fabrication is complete and can be inspected
by the City for the conformity to the specifications as set forth in the
Construction Documents.
2.1.6 Phase 3: Shipment and Execution of the Sculpture and
Installation. The City shall pay the Artist a final payment of
$49,780 after final installation of the Sculpture on the Site when it
notifies the Artist that the Sculpture is in conformity with the CD’s,
plans, specifications, and drawings previously approved by the
City. The total payments made by the City shall not exceed the
total fee found in Section 2.1.
2.1.7 Invoices. The Artist shall submit one (1) invoice for five (5)
payments corresponding to the 2.1.2 through 2.1.6 for a total of
$292,937 excluding the $3,000 in 2.1 .I. Artists shall reference
section Article 2 of the Flyover Agreement. Invoice shall be
addressed as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Angela Wong
The Artist shall fax a copy of the invoice to Joel Straus at 773- 442-
0091.
3. Except as modified herein, the original Agreement dated May 19, 2005, by and
between the parties hereto remains in full force and legal affect.
4. This Agreement shall not be construed against the party who drafted the same
as all parties to this Agreement have retained business and legal experts to
review the same.
(The remainder of this page left intentionally blank)
2
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2006.
CITY:
CITY OF PALM BEACH GARDENS
(SEAL)
By:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
Executed by the Artist this day of , 2006.
ARTIST:
WENDY M. ROSS
By:
WITNESS:
Name:
G:\attorney-share\AGREEMENTS\amendment 1 to ross agreement (2).doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25,2005
Meeting Date: January 5,2006
Resolution 1,2006
SubjectlAgenda Item: South Florida Blood Bank Plat
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
Growth Management
partment
Juh!&d ct,
4 City Attorney
Finan mini trator L4izzL
Submitted by:
Judy A. Taylor Dye
Assistant City Engineer
F,ynr*" -.t*;+ d -'-<*< <\ . <,
Approved by:
Ron Ferris * 3ty Manher
Originating Dept.:
Engineering
Judy A. Taylor Dye
Assistant City Engineer
t, k.a.&L. ??+' I .$y z <->
Advertised:
Date:
Paper:
Not Required
Affected parties
[X ] Notified
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 1, 2006
[ ]None
Page 2 of 2
Date Prepared: November 18,2005
Meeting Date: January 5,2006
Resolution 1,2006
STAFF RECOMMENDATION
The plat of South Florida Blood Bank includes the replatting of a portion of Parcel 12.05, as
shown on the plat of MacArthur Parcels 12.04 and 12.05, a P.U.D. recorded in plat book 94,
pages 154 through 156, public records of Palm Beach County, Florida and is located at the
northwest corner of the intersection of Northlake Boulevard and MacArthur Boulevard.
Staff recommends approval of Resolution 1,2006.
E:\PBGMEM0\4052\4052zzJ - Plat Agenda Cover.doc
City of Palm Beach Gardens
Finance Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
(561)799-4167 phone/(561)799-4134 fax
CURRENT
-410.00
STEPHEN S. MATHISON, ESQ.
5606 PGA BLVD., SUITE 21 1
PALM BEACH GARDENS, FL 33418
SOUTH FLORIDA BLOOD BANK)
(BANYAN TREE PHASE I & II -
1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS AMOUNT DUE
DUE DUE DUE PAST DUE
0.00 0.00 0.00 0.00 $-410.00
DATE
07/30/2005
07/31/2005
09/29/2005
1011 0/2005
1011 312005
10131 I2005
1 113012005
TRANSACTION
3alance forward
INV #3543.
INV #3698.
'MT #I 219. ReceipM5068, Escrow Payment Traffic Impact Analysis
2MT #5473. Receipt# 51 11, Payment received for Inv# 3698
INV #3785.
INV #3863.
Statement L 1 1130/2005
$-410.00
AMOUNT
26.25
59.00
-1,000.00
-59.00
118.00
445.75
BALANCE
0.00
26.25
85.25
-9 14.75
-973.75
-855.75
-410.00
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RESOLUTION 1 , 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE SOUTH FLORIDA
BLOOD BANK PLAT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the South Florida Blood Bank plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
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 Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the South Florida Blood Bank plat consisting of two (2) sheets,
prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 25,2005
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CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
DV. PI.
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
Date Prepared: November 25,2005
Resolution 1, 2006
PASSED AND ADOPTED this day of ,2006.
\\Pbgsfile\Attorney!attorney-share\RESOLUTIONS\PLAT -SF blood bank- reso 1 2006.doc
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Date Prepared: November 25,2005
Resolution 1, 2006
EXHIBIT A
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 22,2005
Meeting Date: January 5,2006
Resolution 2,2006
SubjectlAgenda Item: Mirasol Parcel Ten Plat
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Growth Manaaement ”
Submitted by:
<- <->
Judy A. Taylor Dye
Assistant City Engineer
,y..,C. 7*+ < 1 $y.
Approved by:
City hanag&
Originating Dept.:
Engineering
Judy A. Taylor Dye
Assistant City Engineer
).p$”fi f*+ iJ :., <. <- >
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
[ ] Not required
Costs: $ N/A
(Total)
$ N/A
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 2,2006
[ ]None
Page 2 of 2
Date Prepared: November 22,2005
Meeting Date: January 5,2006
Resolution 2,2006
STAFF RECOMMENDATION
The plat of Mirasol Parcel Ten includes the replat of Tract 10, Mirasol Plat six, as recorded in
Plat Book 104, Page 89 through 109 of the public records of Palm Beach County, Florida, part of
Mirasol P.C.D., being in Section 04, Township 42 South, Range 42 East, City of Palm Beach
Gardens, Palm Beach County, Florida. Mirasol PCD lies north of PGA Boulevard, west of the
Florida Turnpike and south of Hood Road.
Staff recommends approval of Resolution 2,2006.
C:\Documents and Settings\cle ry Internet Files\OLK59\4423p,doc
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RESOLUTION 2,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MIRASOL PARCEL
TEN PLAT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Mirasol Parcel Ten plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
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 Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Mirasol Parcel Ten plat consisting of five (5) sheets, prepared by
Mock Roos & Associates, attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 22,2005
Resolution 2, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\Pbgsfile\Attorne~ttorney_share\RESOLUTlONS\PLAT - mirasol parcel IO - reso 2 2006.doc
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Date Prepared: November 22,2005
Resolution 2, 2006
EXHIBIT A
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FLORIDA'S TURNPIKE
B B
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 7,2005
Meeting Date: January 5,2006
Resolution 6,2006
SUBJECT/AGENDA ITEM
Resolution 6,2006: Art in Public Places - Midtown PUD
Consideration of Approval: A request by Lucy Keshavarz on behalf of the Borland Center
Owners Association Inc., for the consideration for approval of the proposed Art in Public Places
for the non-residential portion of the Midtown Planned Unit Development (PUD) (f.k.a. Borland
Center PUD). The Midtown PUD is located along the north side of PGA Boulevard between
Gardens Square Boulevard and Shady Lakes Drive.
[XI Recommendation to APPROVE
J 1 Recommendation to DENY
Reviewed by:
City Attorney
Finance
Development
Compliance& ~;l&j
Bahareh Keshavarz-Wolfs,
AICP
Approved By:
Originating Dept.:
Growth Management:
Manager i4.U
Brad Wiseman
Interim Planning
Manager
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Affected Parties:
motified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ N/A
Current FY
Funding Source:
[ 3 Operating
[XI Other3
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 6, 2006
Applicant’s Narrative
Location map
Artwork Details
Artist Resume
Project Budget
Breakdown
Date Prepared. December 7,2005
Meeting Date: January 5,2006 ne~lri~l~lr~ll o woo
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places (AIPP) program for the Midtown
Planned Unit Development (PUD). The proposed large-scale art piece, which is situated directlv
on PGA Boulevard, consists of a concrete/stainless steel arch situated over a pedestrian pathway
containing internally illuminated glass inserts of various shapes and colors. The AIPP Advisory
Board voted 7-0 to recommend approval of the proposed art on November 15, 2005. Staff
recommends approval of Resolution 6, 2006 with five conditions.
BACKGROUND
Midtown is located along the north side of PGA Boulevard between Gardens Square Boulevard
and Shady Lakes Drive. On August 5, 2004, Midtown was approved by City Council for the
master plan approval and conditional use approvals to allow for the development of 64,533
square feet (500-seat small theater, and 300-seat banquet hall, Sunday School and accessory
facilities) for a cultural center and church facilities, 64,025 square feet for retail space, 19,950
square feet for restaurant space, 10,900 square feet for office space, and 225 rental units on an
approximately 47-acre site, through the adoption of Resolution 92, 2004. The subject site is
currently being developed in accordance with the plan approved by said resolution.
In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public
Places, Fee Iinposecl on Development, all budgets for new construction of private and public
developments shall include one percent (1%) of the total budget for vertical construction as a fee
for art in public places. The subject fee shall be utilized by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1 YO) of the
total vertical construction costs directly to the City for the provision of art on public property.
Under the provisions of Section 78-261(a)(l) of the City's Land Development Regulations
entitled Deposit ofFunds, prior to the issuance of a building permit the petitioner is required to
place $194,000 into an escrow account, which represents an estimate of one (1%) percent of the
estimated total cost of vertical construction on site (please see the attached project budget
breakdown). The budget for the proposed AIPP program is $194,000.
PROPOSED ART IN PUBLIC PLACES
The proposed Art in Public Places designed by Terry Thommes is described below (please see
attached images and location maps):
Relimce
The applicant is proposing a large-scale art piece situated directly on PGA Boulevard. The art,
titled Reliance, is a concrete and stainless steel arch situated over a pedestrian pathway located
within the PGA Overlay, directly visible from the adjacent right-of-way. The sculpture will be
approximately 13 feet in height and 60 feet in length (pleuse see cifi~rc'lied vende/-i//g). I'hc
sculpture will have glass inserts of various shapes and colors, which will be ititcriiall>
i 1 luminated.
2
Date Prepared: December 7,2005
Meeting Date: January 5,2006
Resolution 6,2006
ARTIST
The artist, Terry Thommes, is a local sculptor. Thommes’ works of art are currently being shown
in various museums, as well as in public and private spaces such as the 31 piece for Implant
Innovations within the Northcorp PCD (please see attached artist resume).
ART IN PUBLIC PLACES ADVISORY BOARD
The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on November 15,
2005. The AIPP Advisory Board praised the proposed art, welcomed its presence adjacent to
PGA Boulevard, and voted 7-0 to recommend approval to the City Council.
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City’s LDRs relating to the
provision of Art in Public Places. Staff recommends approval of Resolution 6, 2006, with the
conditions provided therein.
3
Date Prepared: December 7,2005
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RESOLUTION 6,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE MIDTOWN PLANNED UNIT DEVELOPMENT (PUD),
WHICH IS LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD
BETWEEN GARDENS SQUARE BOULEVARD AND SHADY LAKES
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 5, 2004, the City Council approved the master plan for the
Midtown PUD through the adoption of Resolution 92, 2004, thereby allowing the
development of 64,533 square feet for a cultural center and church facilities, 64,025 square
feet of retail space, 19,950 square feet of restaurant space, 10,900 square feet of office
space, and 225 residential units on an approximately47-acre site, which is located along the
north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive;
and
WHEREAS, Lucy Keshavarz on behalf of Borland Center Owners Association Inc.,
has submitted a petition (AlPP-05-09-000005) to the City’s Growth Management
Department requesting approval of the proposed Art in Public Places for the Midtown PUD;
and
WHEREAS, the Growth Management Department has reviewed said application and
has determined that it is sufficient; and
WHEREAS, on November 15, 2005, the Art in Public Places Advisory Board
reviewed said application and recommended its approval (7-0) to the City Council; 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 hereby approves the proposed Art in Public Places for
the Midtown PUD located on the following described real property:
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Date Prepared: December 7,2005
Resolution 6, 2006
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE E CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1,
TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-
OF-WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT
OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT
PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY OF THE WESTERLY
ELONGATION OF THE NORTH LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN
SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS THE
SOUTH 60 FEET OF SAID SOUTHWEST QUARTER (SW %) OF SAID SECTION 1,
ALSO LESS THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1378,
AT PAGE 145, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS
THE LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM
RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR PGA BOULEVARD RIGHT-OF-WAY;
BEACH COUNTY, FLORIDA BY THE RIGHT-OF-WAY DEED RECORDED IN OFFICIAL
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. Reliance Elevations, Plain View, Artist’s Sketch, and Site Plan prepared by Terry
Thommes and the Borland Center Owners Association Inc., received and
stamped by the City on October 31 , 2005.
2. Reliance site plan and landscape plan, prepared by Cotleur & Hearing, received
and stamped by the City on October 31 , 2005.
SECTION 4. This art approval shall comply with the following conditions, which shall
be binding upon the applicant, its successors, assigns, andlor grantees:
1. The Applicant shall be responsible for the maintenance of the works of art, and
such maintenance responsibility shall be reflected in the POA documents.
(Planning & Zoning)
2. The Applicant shall submit digital photographs of the installed artwork within sixty
(60) days of completion. (Planning and Zoning)
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Date Prepared: December 7,2005
Resolution 6, 2006
3. Prior to the issuance of the final Certificate of Occupancy for the non-residential
portion of the project, the Applicant shall install all proposed artwork approved
for the site. (Planning & Zoning)
4. Prior to the issuance of the building permit for the installation of the artwork, the
Applicant shall submit a copy of its corporate logo and any mission statement of
its organization, with authorization for the City to use such information in future
publications. (Planning & Zoning)
5. Graffiti-proof spray-on paint shall be utilized on all stucco areas of the “Reliance”
sculpture. (Planning & Zoning)
SECTION 5. 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 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: December 7,2005
Resolution 6, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
BY:
Joseph R. Russo, Mayor
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E N CY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:bttorney-share\RESOLUTlONS\AIPP - midtown - reso 6 2006.doc
d
4
Borland Center Owners Association, Inc
AIPP timeline to date
March 29,2004
AIPP location workshop AIPP Committee
June, July & August
RAM-PBCC develop AIPP direction & call to artists
August 25,2004
Call to Artists review with AIPP Committee
August 27 - October 15,2004
Call to Artists
November 17,2004
AIPP location review with new AIPP Advisory Board
October, November, December
RAM-PBCC selection process - sculptor Terry Thommes chosen
January - May, 2005
Development of AIPP conceptual drawings
May 17.2005
Portfolio review - sculptor Terry Thommes
& conceptual drawings review
May - September, 2005
Refinement of Sculpture
September 20,2005
Preliminary submittal to AIPP Advisory Board for input
September/October 2005
Terry Thommes completes scale drawings and scale model
Complete design of Bruce E. Borland Memorial Plaque
Revise landscape & plaza around “Reliance”
Lighting design completed for “Reliance”
Engineer drawings completed for “Reliance”
Final submittal package completed end of October
November 15,2005
Submittal to AIPP Advisory Board for final recommendation
December 2005 /January 2006
To City Council for approval
February - August / September 2006
Fabrication of public art
Building permit for public art
Installation of public art
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October 28,2005
AIPP ADVISORY BOARD
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334 10
Re: Borland Center for Community Enrichment - Midtown
Art in Public Places
Final Recommendation Request
uear AIPP Advisory Board Members:
On behalf of the Borland Center Owners Association Inc., it is my pleasure to
submit the enclosed information for your review and request a positive final
recommendation to the City Council of Palm Beach Gardens for the proposed
public art. Our excitement over this proposed sculpture continues to grow.
Please find the following idormation enclosed for review prior to the AIPP
Advisory Board Meeting:
0 Project Site & AIPP Location
0 Colored Front Elevation “Reliance” Sculpture
Colored Plan View “Reliance” Sculpture
Artist’s Sketch Plaza Site & Location of Sculpiu~%
Site Plan Plaza Area CAD Format
Colored Landscape Plan Plaza Site
Artist’sResume
Public art budget information
As you will see by the enclosed drawings, the color and approximate size of glass
has been indicated in the f?ont elevation and plan view drawings. Glass inserts
will be cut in various sizes. The size of the glass prior to being cut into shapes is
8” x 12” x 1” and the artist plans to use the maximum amount of height and width
when having the glass cut into shapes. On a human scale this size will be
intriguingly large. Glass of this thickness will contain air bubbles, which at human
scale will add an interesting texture. The glass shapes may seem small in the
drawings, however please keep the glass measurements in mind as well as the
overall monumental size of the sculpture.
Also, you will notice in the plan view of the sculpture that the “arrow” at one end
of the sculpture has been eliminated and a soften feature added. This was a
suggestion of some AIPP Advisory Board members at the September 20,2005 ’ 66 St. James Drive
PalmBcachGardcns 4 Florida 33418 meeting.
Phonc/fax: (561) 622-9892
=~oFFt?Q ‘‘L ,, OCT ,? 2005 1 PlANNlNO- 20-
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We hope that everyone has made it through the recent hurricane in good health
and with a dry roof over head! We are in the process of fully accessing the affect
the hurricane has had on the overall project timeline and will have an updated
timeline to share with members at the meeting on November 15,2005. We are
very excited by the proposed sculphre and the plaza area designed to enhance this
inspiring work of art. I look forward to meeting with the members of AIPP
Advisory Board to fully review this request.
Sincerely,
Lucy M. F. Keshavarz
Arts Consultant to Borland Center Owners Association Inc.
Enclosures
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B B e
EDUCATION
MFA in Sculpture, University of Georgia, 1980. Studied under John Kehoe, James Knecht, Larry
Millard, & William Thompson
BFA in Sculpture and Metalsmithing, Western Michigan University, 1978. Studied under Gerald
Dumlao, Paul Mergan, and Dwayne Lowder
EDUCATIONAL GRANTS, FELLOWSHIPS, AWARDS
University of Georgia, Art Fellowship for Independent Study in Italy, 1979
MFA Studies Abroad Scholarship, University of Georgia, Cortona, Italy, 1978
MFA Ford Foundation Grant, University of Georgia, 1977
Ford Foundation Grant, Western Michigan University, 1975
International Kinetic Art Competition Winner(Nether1ands)-Third Place Award 2003
Art in the Park, Key West, Florida, Best sculpture viewed from air, 2004
AC ADEMIA-TEACHING
Instructor, Lighthouse Center for the Arts, Tequesta, Florida, 2005
Director, Art Workshops of Tuscany-Arezzo, 2003- present
Sculpture Area Chair, Armory Art Center, West Palm Beach, 2000-2003
Instructor, Armory Art Center, West Palm Beach, 1999-2000
Adjunct Instructor, Florida Keys Community College, 1997
Assistant Professor of Sculpture, University of Georgia, 1993
AFFILIATIONS
College Art Association, New York, New York
International Sculpture Center, Washington, D.C.
Florida Artist Registry, Tallahassee, Florida
Martin County Arts Council. Stuart, Florida
Palm Beach Cultural Consortium, West Palm Beach, Florida
SELECTED EXHIBITIONS
Harrison Gallery, Current Flotsam, Key West Florida 2005
Cultural Courthouse Gallery, Boat Show, Martin County, Florida 2005
Sculpture Key West, Fort Zachary Taylor, Key West, Florida 2005
Karen Lynne Gallery, Thommes and Borgerding, Boca Raton, Florida 2004
Art Basel-Miami, Miami, Florida 2004
Art in the Park, Ft Zachary Taylor, Key West, Florida 2004
Florence Biennale, Florence, Italy 2003
Art Basel, Basel, Switzerland 2003
Art in Motion, Netherlands, 2003
Art Workshops of Arezzo 2003, Arezzo, Italy
Art in the Park, Fort Zachary Taylor, Key West, Florida 2003
Soh0 Arts South, Recent Works, Palm Beach, Florida, 2003
Nature Conservancy, Blowing Rocks Preserve, Jupiter, FL 2003
Lucky Street Gallery, Group Exhibition, Key West, Florida 2002
Contemporary Artists of Florida, Group Show ,City of Adventura, Florida 2002
MCAA Cultural Galleries, Two Person Exhibition Stuart, Florida 2002
Northport Gallery, Solo Exhibition,Northport, Michigan, 2002
DeBilzan Gallery, Group Exhibition, Santa Fe, New Mexico 2002
Soh0 South, 4 person Exhibition, Palm Beach, Florida 2002
Lucky Street Gallery, Thommes and Buckheim, Sculpture and Paintings, Key West, Nov, 2001
Northport Gallery, Implications, 2 person show, Northport, Michigan 2001
Armory Art Center, West Palm Beach, 2001
Inside-Outside, Guadalupe Fine Art , Santa Fe, New Mexico 2000
Ann Norton Sculpture Gardens, West Palm Beach, Florida 2000
Martin County Cultural Center Galleries, Stuart, Florida 20000
Armory Art Center, West Palm Beach, Florida 2000
Solo Exhibition, PELAGIC DRIFT, Lucky Street Gallery, Key West, Florida 1999
Art in the Park Outdoor Sculpture Exhibition, Fort Zachary Taylor, Key West, Florida 1999
Solo Exhibition, PELAGIC WEIRS, Guadalupe Fine Art, Santa Fe, New Mexico 1999
5th Annual Spiritual Art Exhibition, Guadalupe Fine Art, Santa Fe, New Mexico 1998
Art in the Park, Fort Zachary Taylor, Key West, Florida 1998
ARS EROTICUS, Woodenhead Gallery, Key West Florida 1998
Neovo, Guadalupe Fine Art, Sante Fe, New Mexico 1998
Hortt 39 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1997
Solo Exhibition, Castello di Gargonza, Monte San Savino, Arezzo, Italy. July 1997
Solo Exhibition, Gallery on Greene, Key West, Florida. April 1997
Gasparilla Exhibition, Tampa, Florida 1997
Art in the Park Outdoor Sculpture Exhibition, Key West, Florida 1996
Gallery on Greene Group Exhibition, Key West, Florida 1996
Hortt 38 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1996
Group Show, Soh0 Gallery, Pensacola, Florida 1996
Six Artists, Eye of the Lizard Gallery, Vero Beach, Florida 1996
Images 96, New Smyrna Beach, Florida 1996
Group Exhibition, Lucky Street Gallery, Key West, Florida 1996
Solo Exhibition, Florida State Capitol Complex Gallery, Tallahassee, Florida 1995
It’s All Relative, Gallery Mesa, Mesa, Arizona 1995
Two Person Exhibition, Goodwin & Thommes, Lucky Street Gallery, Key West Florida 1995
Group Show, Eye of the Lizard Gallery, Vero Beach, Florida 1995
National Sculpture Show, Rockafeller Gardens, Ormond Beach, Florida 1995
SELECTED COLLECTIONS
Terrence McNally, New York, New York
Tim Allen, Sherman Oaks, CA
Whitney Houston, Englewood Cliffs, New Jersey
Jacqueline and Roland Grim, Key West, Florida
box Collection, Stamford, Conneticut
Ben and Ellen Levy, Albuquerque, New Mexico
Phil and Mary Shannon, Cumming, Georgia & Summerland Key, Florida
Castello Di Gargonza, Monte San Savino, Arezzo, Italy
Count Roberto Guiaciardini, Florence, Italy
Dr. Jorge Oti, Santa Fe, New Mexico
Hellmich Collection ,bokke, Belgium
Kevin Avants, Santa Fe, New Mexico
Jan Van Duppen, Beerce, Belgium
Leonessi Collection, Arezzo, Italy
Paolo Berti, Arezzo, Italy
Heinz Collection, Marathon, Florida
Cornerstone Sculpture Collection, Greenwich, Connecticut
Redstone Collection, Needham, Massachusetts
Sal Micca, Winchester, Connecticut
McKenzie Collection, Greenbrae, California
Goldman Collection, Swampscott, Massachusetts
Birer Collection, Ft. Lauderdale, Florida
SELECTED COMMISSIONS 1995-present
3i Implant Innovations, Palm Beach Gardens, Public Sculpture, 2005
Katherine Dunne, Bronze Gates and Garden Entries, 2004
Tina and Robert Kraft, Bronze Gates and Entrys, Bronze Vanes, 2003-2004
Port Salerno Fire Station, Bronze Public Sculpture, Stuart, Florida, 2002
Linda Dove Design, Metalsmithed Bronze Firescreen, Tequesta, Florida 2001
Burrage Residence, Custom Art Gate, Florida Keys, 2001
Carolyn Smith, Bronze and Brass Railings, Jensen Beach, Florida 2000
Phil Shannon, Bronze Gates and Lamps, Summerland Key, Florida 2000
Bauer Residence, Bronze, Brass, Copper and Keystone Entry Gates and Entrance, 1998
Mary Shannon, Bronze and Concrete Sculpture, Bronze Gates, Cumming, Georgia 1998
Lutheran Outdoor Ministries Florida, 17 Ton Stone Installation, Gainesville, Florida 1998
Denise Brown, Sugarloaf Key, Florida. Bronze Gates, Bronze Lamps, Interior Sculpture 1997
Byron Hochausser, Boca Raton, Florida. Bronze & Granite Sculptural Furniture 1996
Blue Heaven Restaurant, Key West, Florida. Corten Steel Entry & Pedestrian Gates (painted) 1996
Dr. Daniel Gill & Dr. Francesca Brettschneider, Big Pine Key, Florida. Bronze Gates, Doors 1996
Dr. Fred & Meridith Troxel, Big Pine Key, Florida. Outdoor Sculpture 1995
Dr. Daniel Gill, Big Pine Key, Florida. 8' Carved Marble Outdoor Sculpture 1995
Shark Key Development Corp., Shark Key, Florida. Bronze Entry Gates, Bronze Pedestrian Gates
John & Maribel Maschall, Sugarloaf Key, Florida. Bronze Entry Lamps
Dee Hardin, New York, New York. Carved Marble Heads
Jean Hellmich, Knokke, Belgium, Carved Marble Heads
Dr. Fred Troxel, Big Pine Key, Florida Carved Marble Heads
Richard McKenzie, Greenbrae, California. Carved Marble Couple
PUBLIC WORK
3i Implant Innovations, Palm Beach Gardens, Florida
Plaza Resulana, Santa Fe, New Mexico
Port Salerno Fire Station, Port Salerno, Florida, Bronze
Western Michigan University, Sculpture Tour, Kalamazoo, Michigan, Metal and Concrete
Castello di Gargonza, Monte San Savino, Italy
Florida Keys National Marine Sanctuary, Large Underwater Environmental Concrete Sculptures
Bahama Village, City of Key West, Florida. Welded Corten Steel Gates
Marathon Regional Airport, Marathon, Florida. Welded Wall Relief
BIRTHPLACE:
RESIDENCE:
Plainfield, New Jersey, USA 1953-
6 1 85 S W Gaines Avenue
Stuart,Florida 34997 USA
Tele: 772-286-2386
Fax: 772-220-4797
Final Recommendation Request - AlPP Borland Center Owners Assoc. Inc
Budget Information 1 5-NOV-05
AIPP Budpet - $160,000.00
Costs of proposed AlPP
Reliance by Terry Thommes (Includes design, fabrication, installation of sculpture
Art Specific Site Work:
$1 45,000
by artist. Artist to subcontract engineering and lighting.)
plaza design $5,000
plaza hardscape $10,000
plaza landscape $5,000
electrical to sculpture $2,000
Memorial Plaque $3,000
Arts Consulting Fee $24,000
Total $194,000
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 7,2005
Meeting Date: January 5,2006
Resolution 7,2006
SUBJECT/AGENDA ITEM
Resolution 7,2006: Art in Public Places - Donald Ross Village PUD
Consideration of Approval: A request by Urban Design Studio on behalf of Donald
RosdMilitary, L.C., for the consideration for approval of the proposed Art in Public Places for
the commercial portion of the Donald Ross Village Planned Unit Development (PUD). The
Donald Ross Village PUD is located on an approximately 45.37-acre site on the south side of
Donald Ross Road, between Military Trail and Central Boulevard.
E] Recommendation to APPROVE
J 1 Recommendation to DENY
I Reviewed by:
City Attorney
Finance
Development
ComplianceBGJd
Bahareh Keshavarz-Wolfs,
AICP
Charles K. Wu, AICP
Approved By:
City Manager
Originating Dept.:
Growth Management:
Manager
Brad Wiseman
Interim Planning
Manager
[XI Quasi - Judicial
[ ] Legislative
[ 3 Public Hearing
Advertised :
[ 3 Required
[XI Not Required
Affected Parties:
[ 3 Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 7, 2006
Applicant’s Narrative
Location map
Project Budget
Breakdown
Artwork Details
Artist Resume
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places (AIPP) for the Donald Ross
Village Planned Unit Development (PUD). The proposed AIPP includes 30 bronze sculptures,
depicting children in various forms of play, located throughout the site as part of the pedestrian
and vehicular experience of the site. In addition, the applicant is proposing multiple mosaics and
an iconic fountain within the project’s main plaza area and a smaller mosaic wall fountain in a
plaza area east of the main plaza. The AIPP Advisory Board voted 4-3 to recommend approval
of the proposed art on November 15, 2005. Staff recommends approval of Resolution 7, 2006
with six conditions.
BACKGROUND
On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the
development order for Donald Ross Village Mixed-Use Planned Unit Development (PUD). The
master plan was divided into two phases of development. Phase I of the Donald Ross Village
MXD PUD was approved for 9,000 square feet of professional office, a 3,236 square foot
convenience store with gas sales, a 4,000 square foot bank, a 14,873 square foot drug store,
13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating, 57,487
square feet of retail use, and 156 multi-family dwelling units.
On July 1, 2004, the City Council adopted Ordinance 23, 2004 and Resolution 125, 2004, which
amended the PUD to allow for off-site mitigation. City Staff determined that it is more
appropriate for the site plan approval and the conditions related thereto be transferred to a
separate ordinance and resolution, as opposed to having the zoning, master plan approval,
u aivers, and conditions of appro\.al adopted through ordinance. The zoning set forth in
Ordinance 53, 2002 has been re-affirmed by Ordinance 23, 2004 and the master site plan,
waivers, and conditions of approval have been transferred to Resolution 125, 2004. Per
Resolution 125, 2004, two conditions of approval (conditions 37 & 38) were modified to allow
for additional off-site mitigation, as well as an expansion of a previously approved waiver for the
reduction in the upland preserve buffer width.
On July 1, 2004, the City Council adopted Resolution 115, 2004, which approved a parcel for
off-site mitigation of 29% of the upland preserve set aside required for the site.
On August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to
eliminate the lake maintenance easement along the south side of the 5.09-acre lake. In order to
justify the requested waiver, the applicant provided a 25-foot wide lake easement along the north
end of the adjacent property (Dwyer High School).
On November 18, 2005, City Council adopted Resolution 210, 2004, which approved an
amendment to the Donald Ross Village Mixed-Use PUD for phase I1 of the subject site with a
93-room hotel, a 13,500 square foot retail building, an 18,387 square-foot medical office
building, and a 20,000 square-foot fitness center. The subject site is currently being developed in
accordance with the plan approved by said resolution.
In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public
Places, Fee Imposed on Development, all budgets for new construction of private and public
developments shall include one percent (1%) of the total budget for vertical construction as a fee
2
Date Prepared: December 7,2005
Meeting Date: January 5,2006
Resolution 7,2006
for art in public places. The subject fee shall be utilized by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%) of the
total vertical construction costs directly to the City for the provision of art on public property.
Under the provisions of Section 78-261 (a)( 1) of the City’s Land Development Regulations
entitled Deposit of Funds, prior to the issuance of a building permit the petitioner is required to
place $1 18,497 into an escrow account, which represents an estimate of one (1 %) percent of the
estimated total cost of vertical construction on site (please see the attached project budget
breakdown). The budget for the proposed AIPP program is $1 18,497.
PROPOSED ART IN PUBLIC PLACES
The applicant is proposing two separate design concepts to meet the requirements for Art in
Public Places. The first was procured through Jovanini Design, and is comprised of 30 pieces.
The second is a mosaic design for the project’s plaza areas, which has been designed by Gina
Hubler of Design Impacts. Both concepts are described below (please see attached images and
location maps):
Bronze Statues & Mosaics
The applicant’s intent of the multiple artworks within the site reflects the project’s name and
function as a village. The applicant is proposing a series of 30 bronze sculptures, depicting
children in various forms of play, located throughout the site as part of the pedestrian and
vehicular experience of the development. The bronze sculptures have been provided by Jovanini
Design, Inc, whose products are handcrafted by craftsman (please see attached mission
statement).
The applicant is proposing multiple mosaics and an iconic fountain within the project’s main
plaza area and a smaller wall fountain in the eastern plaza. The mosaics have been designed by
Gina Hubler, of Design Impacts (please see attached artist statement), around the columns
within the “Ice Cream Plaza” located within the project’s main gathering area.
The Donald Ross Village PUD, as a mixed-use project, was designed to focus on the pedestrian
experience within the site. It is the applicant’s intent to provide an experience through art that
will encourage pedestrian traffic thereby enhancing the intended use of the site. The applicant is
not proposing original designs. However, the applicant’s intent is that the proposed concept is
integrated into the design of the site and with the goal of providing further development of the
mixed-use community design themes throughout the non-residential portion of the site.
ART IN PUBLIC PLACES ADVISORY BOARD
The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on November 15,
2005, and voted 4-3 to recommend approval to the City Council. The board members that voted
for the proposed art agreed that the concept was charming and would fit in nicely with the
development. The dissenting votes were Mr. William Leizman, Ms. Lee Bickford, and Ms. Myra
Davis, which all stated that the art was massed produced and not were originals as a basis for
their vote.
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Date Prepared: December 7,2005
Meeting Date: January 5,2006
Resolution 7,2006
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City’s LDRs relating to the
provision of Art in Public Places. Staff recommends approval of Resolution 7, 2006 with the
conditions provided therein.
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Date Prepared: December 7,2005
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RESOLUTION 7,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE DONALD ROSS VILLAGE PLANNED UNIT
DEVELOPMENT (PUD), WHICH IS LOCATED ALONG THE SOUTH
SIDE OF DONALD ROSS ROAD BETWEEN MILITARY TRAIL AND
CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April IO, 2003, the City Council approved the Donald Ross Village
PUD through the adoption of Ordinance 53, 2003 thereby allowing the development of
Phase I of II consisting of 9,000 square feet of professional office, a 3,236 square-foot
convenience store with gas sales, a 4,000 square-foot bank, a 14,873 square-foot drug
store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant
seating, 57,487 square feet of retail use, and 156 multi-family dwelling units on an
approximately 45-acre site, which is located along the south side of Donald Ross Road
between Military Trail and Central Boulevard; and
WHEREAS, Mr. Marty Minor, on behalf of Donald Ross/Military L.C., has submitted
a petition (AIPP-05-10-000009) to the City’s Growth Management Department requesting
approval of the proposed Art in Public Places for the Donald Ross Village PUD; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on November 15, 2005, the Art in Public Places Advisory Board
reviewed said application and recommended its approval (4-3) to the City Council; 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 hereby approves the proposed Art in Public Places
for the Donald Ross Village PUD located on the following described real property:
Date Prepared: December 7,2005
Resolution 7, 2006
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LEGAL D ESC RI PT I ON :
PARCEL 4.02
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP42 SOUTH, RANGE42 EAST,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF-WAY
LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD IS ASSUMED TO BEAR SOUTH 00°48'04" WEST AND ALL OTHER
BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF
03°30'17" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86'25'48".
THENCE PROCEED EASTERLY AND NORTHERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 1,267.22 FEET TO THE END OF SAID CURVE TO A POINT
839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL BEARING OF NORTH
ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH
89O50'03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 776.97
AND EXCEPTING THEREFROM THAT CERTAIN RIGHT-OF-WAY DESCRIBED IN
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS
OFFICIAL RECORDS BOOK 9567, PAGE 761, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCEL 4.04
A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 89°50'03" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS ASSUMED TO
BEAR SOUTH 89O50'03" EAST AND ALL OTHER BEARINGS REFERENCED HEREIN
ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT OF BEGINNING
89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86O25'48";
THENCE PROCEED SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 1,267.22 FEET TO THE END OF SAID CURVE AND A POINT
ALSO BEING ON A NON-TANGENT CURVE HAVING A RADIAL BEARING OF NORTH
ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH
00°48'04" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 429.42
FEET TO A POINT ON THE NORTH LINE OF THE WILLIAM DWYER HIGH SCHOOL
SITE AS DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534; THENCE
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Date Prepared: December 7,2005
Resolution 7, 2006
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SOUTH 89"51'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1,570.56 FEET
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL; THENCE
NORTH 01°22'09" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
1,269.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS
ROAD; THENCE NORTH 89"50'03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE,
DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY
A DISTANCE OF 806.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
SECTION 3. This approval shall be consistent with plans and documents filed with
the City's Growth Management Department as follows:
1. Bronze Sculptures Details prepared by Jovanini Design Inc., received and
stamped by the City on December 2, 2005, 31 sheets total.
2. Mosaic and Fountain Details, prepared by Design Impacts, received and
stamped by the City on December 2, 2005, four sheets total.
3. Donald Ross Village Hardscape Plans H-I through H-13, PV-1 through PV-2,
and S-I , prepared by Krent Wieland Design Inc., received and stamped by the
City on December 2,2005.
SECTION 4. This art approval shall comply with the following conditions, which shall
be binding upon the Applicant, its successors, assigns, and/or grantees:
1. The Applicant shall be responsible for the maintenance of the works of art, and
such maintenance responsibility shall be reflected in the POA documents.
(Planning & Zoning)
2. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning and Zoning)
3. Prior to the issuance of the final Certificate of Occupancy for the non-residential
portion of the project, the Applicant shall install all proposed artwork approved
for the site. (Planning & Zoning)
4. Prior to the issuance of the building permit for the installation of the artwork, the
Applicant shall submit a copy of its corporate logo and any mission statement of
its organization, with authorization for the City to use such information in future
publications. (Planning & Zoning)
5. No works of art shall be located within a preserve area. (Planning & Zoning)
6. All art work shall be externally illuminated at night. (Planning & Zoning)
3
Date Prepared: December 7,2005
Resolution 7,2006
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SECTION 5. 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 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONSWlPP - donald ross village - reso 7 2006.doc
4
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Donald Ross Village
Art In Public Places
SKU# 1 Title 1 Price
PI 009 I Girl Reading on Rocking Chair $3,460.00
B701 1 Boy with Dog $740 .OO
V78001 1 3 BOYS on Stairs $1,239.00
8533 1 Girl with Boy Under Tree Play Swing $3,080.00
B688 I 2 Girls & 1 Boy in a Circle $3,500 .OO
~ ~~
B652 2 Boys $1,881 .OO
A61 1 Sitting Boy & Girl with Dog $2,450.00
D1575 Boy Fishing on Tree $1,960.00
821 5 Girl & Boy Under Umbrella $2,100.00
B568 4 Boys & 1 Girl on Large Pipe $7,000.00
8700 Girl & Boy With Dog $2,760.00
13239 Boy With Girl on Swing $2,920.00
B613 2 Boys on Turtle $2,720.00
B548 1 Girl, 4 Boys Walking on Rocks $7,040.00
P1030 I Boy Carrying Golf Bag
~ ~___
$1,329.00
B556 Walking Boy on Log $2,640.00
PI 040 Boy Golfing $1 ,I 69.00
3253 Girl on Swing, Boy Pushing $2,080.00
TH-373 Girl Playing Ball with Dog $1,820.00
B739 I Girl with Kite I $2,400.00
B493 Standing Boy Fishing $2,760.00
B554 Boy & Girl on Seesaw $2,717.00
V74050 I Girl Playing Flute I $1,540.00
G:Uobs\Parcel 4.0204DonaldRossVillageL4IPPL4pplication Info\slatue table nov 2-05.wpd
LCC35 PLANNING & ZONING DN
Donald Ross Village
Art In Public Places
25 D1574 Boy Playing Flute on Tree $1,960.00
26 IT60063 I Girl with Water Can $900.00
27 1 B749 1 Boy & Girl Reading $2,660.00
28 (T20001A I Boy with Lantern I- ~~
$1,200.00
~~
30 PI 004 Boy & Girl with Book $1,920.00
31 V50190 Boy & Girl Reading on a Bench $4,620.00
32 Pot Fountain and Mosaic $1 4,763.44
Art Consulting Fees $1 8,000.00
Additional Mosaics $9,949.56
Total $1 18,497.00
G:UobsWarcel4.0204Do~ldRossVillage\AIPP\Application Moktatue table nov 2-0S.wpd
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- __ - Pat Lentini - Fwd: FW: Donald Ross Mosaics . -- ___ - - - b- --- -
From:
To:
Date:
Subject :
Artist info below
Marty Minor
Lentini, Pat
8/31/2005 1 1 :51:52 AM
Fwd: FW: Donald Ross Mosaics
>>> "Grace" <grace@kwdesign.net> 07/25/05 2:34 PM >>>
-----Original Message-----
From: Gina [mailto:gina@designimp.com]
Sent: Monday, July 18, 2005 9:31 AM
To: Marty@UDS.cnchost.com
Cc: grace@kwdesign.net
Subject: Donald Ross Mosaics
Ma rty I I was recieved your info. from Grace at Krent Wieland, hopefully this will help with the
application. Design Impact has been creating wall installation and fine art mosaics since Imwith
designer and mosaicist Gina Hubler at the helm. Our primary Atelier is locmiami, Florida, however
we have designed and installed projects throughout the United States and Europe. I thought that I would
begin with an intro to the project, which might be used for the Art in Public Places application.
work of art which has been chosen for the Donald Ross Village Project is inspired by the concept of
community, and the uplifting spirit which this center aims to provide to those which share its facilities. The
proposed placement of this work is focused in the fountain areas, however it will be carried through the
village center, in elements embellishing columns, as well as planters.
which pass with an upward strength, and the feeling of rising to any occasion."
references for your approval. Sincerely, Gina Hubler-Principal Professional References: Michael
Howard- Facilities Director
Tau bman)
Carol ZeinerProfessor St. Thomas University Law SchooI(305) 361 -81 14Cc:Krent Wieland Design, Inc.
"The
The intention is to provide those
I am also including
Luigi Vitalini ArchitectThe Mills Co. (Formerly
Hersh, Vitalini, & CorraziniThe Falls Entertainment Complex
Hersh, Vitalini, & Corrazzini AIA (305)-255-4571 (305)567-0602
rtist Statement
i
http://www .mosaictools.com/gallery/statement/
I =TESSERAE TIMES
I CLASSES-
I I I
I I I I
a
ARTIST'S STATEMENT
,.
principles of colour, with light as its essence. Colours meld to form new colours and the feelings which they
inspire. In the same breath, they split apart with an unequal divide to produce seemingly alike, but
different colours and emotions. I equate colour with all that is life, the tears, the joy, as well as the
rapture. Everything that is in the human experience can be described and felt through colour and design.
FINE ART
I truly enjoy taking an artists painting or 2D media and translating the work into mosaic. I see the
collaboration between myself and another artist as a challenge. The result of creating "artwork for the
eternity" with the sensibilities of the original work is very satisfying!
FURNISHINGS
I have been designing custom furnishings for the past 20 years, for the past decade I have focused on
creating furnishings with mosaic elements. I enjoy working with my clients to provide focal point
furnishings which have meaning to those which will be living with them. I often include hidden elements
which are significant to the owners! Fun -Creative-Focal Point Furnishings!
COMMISSIONS
Mosaic design can translate into any medium. I have enjoyed designing and fabricating mosaics for a
variety of installations both residential and commercial. My installations are site specific, both the location,
as well as the clients needs are taken into consideration during my creative process.
SECRUANGELS
My secret angels are among the most spiritual of my creations. I feel that my career as an artist has been
defined by a succession of "leaps of faith". My series of angels is one that is truly from my heart. I feel
honored when they use me as a conduit to life on earth! Now, I know I may be getting a bit esoteric,
however they really do seem to have a magical quality. Each one has a spirit and personality of its own. I
also enjoy creating other mixed media works, the angels may hide in these panels also! Enjoy!
8/31/2005 11:54 Ah4 of 1
bout the Artist
9 4
http:/lwww.mosaictools.com/ginai
b -GALLERY
I I I I I I I I I
1 ~ SUPPLIESA -:
MOSAIC TOURS
CONTACT US!
as a mosaicista is truly my passion! I feel very fortunate to work in a-profession where my talents
are not only used but stretched with each new project. It is my nature to focus on each project with
fresh eyes, stretching the envelope, and reaching for my ultimate potential as an artist. It is an
interesting time to be creating in this field which has become so popular in such recent years. My
work may be found throughout the US., Canada, Europe, and Asia.
I feel blessed to share my talents both with those which I create for, as well as my students.
Teaching in itself is a very different mind set, I generally teach one week per month in either Miami,
Allentown, or Italy. I appreciate your interest in my work, and look forward to creating for or with
you!
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1of1 813 112005 3:46 PM
November 3,2005
Ms. Kara Irwin, Senior Planner
Growth Management Department
City of Palm Beach Gardens
I0500 N. Military Trail
Palm Beach Gardens, FL 3341 0
urban d=Pn stu IO
Urban Design
Urban Planning
Land Planning
Landscape Architecture RE: DONALD ROSS VILLAGE - MISCELLANEOUS
APPLICATION FOR ART IN PUBLIC PLACES -
OUR REF.: #99-044.26 (MA)
Dear Kara:
The purpose of this resubmittal is our request to he scheduled for the November 15, 2005 Art in
Public Places Advisory Board meeting for a recommendation to the City Council on the proposed
artwork for the Donald Ross Village MXD PUD. At the last AlPP Board meeting on October 19,
2005, there was discussion with regard to the directive fiom the City Council that the Art Committee
should not consider/approve any “animals or wildlife” art. The City Council felt that there was
enough “animals and wild1ife”art that had been approved throughout the city. In addition, it was also
discussion on whether domesticated animals would fall under this directive.
Consequently, we have exchanged one (1) ofour art statues that featured a girl with a horse to a girl
playing the flute. In addition, we are requesting that the AlPP Board support our request to include
the statues that featured dogs playing with children and the one (1) statue with two (2) boys on a
turtles back. We believe these statues represent the joys of childhood and interaction between a pet
and its owner rather than the strict representation of a species of wildlife. The statue with the boys
on the turtle is not only a whimsical depiction of tropical life, but also connects with the provision
of the adjacent “critter crossing,” which connects two upland preserve areas on the site.
In addition, we have replaced one other statue with a new statue of a girl holding a watering can.
This addition has brought the total of statues feature females up to 20 on the site, as this was another
concern expressed by the Board.
At the last Board meeting, there were several questions with regard to the statues:
What are the statues made of? The statues are made of bronze, which is a mixture of two
metals - copper and tin.
2.
3.
How thick is the bronze? On average the thickness of each bronze statue is 1/4 of an inch,
although this varies between the statues. CITY OF PALM BCH GDNS
How long will the statue last and will the color fade? The bronze
statues are very hard-wearing and therefore last forever. The NOV r 2 2005
x color does not fade as long as the bronze is maintained
appropriately. In order to maintain the bronze, you need to
wax it on a regular basis, usually every two to six months. 477 s. Rosemary Avenue
Suite 225 - The Lofts at City Place
G:\Jobs\Parcel4.0204DonaldRossVillage\AIPP\Application Infokover letter1 1 0305.wpd
LCC35
West Palm Beach, FL 33401-
561.366.1 100
www.UDSonline.com
LCC35
561.366.1 1 11 fax
Donald Ross Village
Art in Public Places
November 3,2005
Page 2
Included with the submittal are 13 copies of the following of the information previously submitted
along with the two (2) new statues:
.
.
Information on the artist for the mosaics;
Color Photo of the selected work of art ;
Specifications of the artwork;
Photo realistic image of sculpture in the median;
Master PCD site plan;
Hardscape Plans;
Please let me know if you have any questions or require any additional information with regard to
this submission.
Sincerely,
URBAN DESIGN STUDIO MhX arty R. A. inor, AICP
Attachments
cc: Tom Hamilton
Andrew Brock
G:\Jobs\Parcel4.0204DonaldRossVillage\AIPP\Application Info\cover letter1 10305.wpd
LCC35
Jovanini Design, Inc - Mission Statement Page 1 of2
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http://jovaninidesign.com/sunshop/index.php/actio~Mission - Statement/ 9/30/2005
DAVID J. WIENER
BOARD CERTIFIED REAL E5TATE LAWYER
ADMITIED TO PRACllCE IN FLORIDA
AND NEW YORU
COUNSELOR AT LAW
SUE 305
ONE NORM CLEMAT’S STREET
WEST PALM BEACH. FLORIDA 3340 I
EL, (56 I ) 386-9 I44
FAX. (56 1) 366-9 I45
€-MAUL: dwiener@sterlingcentreccrp.com
January 13,2005
Ciry of Palm Beach Gardens
10500 North Milirary Trail
Palm Beach Gardens, FL 33410
Re: Donald Ross Village - Art in Public Places
Ladies and Gentlemen:
Please be advised thar Donslld RossMlitary, L.C. (LiDeveloper”) has deposited
he sum of the $1 18.497.00 With the undersi&.ned law fm, in escrow, 10 be applied to
fillfill Developer’s obligations in connection with Arc in Public Places for The Donald
Ross Village project at the southwest corner of Military Trail and Donald Ross Road in
Palin Beach Gardens, Florida.
DJWIjmc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memo rand u m
Date Prepared: November 28,2005
Meeting Date: January 5, 2006
Ordinance 36, 2005
SubjectlAgenda Item: Ordinance 36, 2005, amending the Fiscal Year 2004/2005
Budget
[ X ] Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney
Gd
Finance Direct d
Submitted by:
Department Director
Originating Dept.:
Finan a-
Advertised:
Date: 12/22/2005
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
[ ] Notified
I
[ ] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to.
Attachments:
Ordnance 36. 2005
Exhibit " 1 "
[ ]None
Date Prepared: November 28, 2005
Meeting Date: January 5, 2006
Ordinance 36, 2005
BACKGROUND:
As an integral part of the annual close-out process it is customary to prepare year-end
budget amendments to ensure compliance with legal levels of control, and to help explain
additions or deletions to fund balance. The increasesldecreases to revenues/expenditures
contained in Exhibit “1 detail some of the major variances that comprise this total increase.
This schedule segregates the variances that are a result of timing differences from current
year differences.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 36,
2005 for second reading.
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ORDINANCE 36,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER I, 2004, AND ENDING SEPTEMBER 30,2005, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a
Budget for the 200412005 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2004/2005 Budget; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1,2004, through September 30,2005,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 28,2005
Ordinance 36, 2005
PASSED this I 55ay of Darn fim , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AGAINST ABSENT
BY:
Christine P. Tatum, City Attorney
d
\\Pbgsfile\Attorney\attorney-share\ORDINANCES\budget amendment 2004-05 - Ord 36 2005.doc
2
City of Palm Beach Gardens
Budget Amendment
NE oS/30/2005
Exhibit "1"
SdldrlS
Professiondl Services
Salaries
Training and Education
Equipmdnt Rentdl
Cdpitdl Equipment Hardware
Capital Equipment Software
Sdldrles
Conversion of Leave
Hedlth dnd Life Insurance
Professiondl Services
Professiondl Services - Legdl
Professiondl Services
Garbage CollRtlon
Principal - Debt
Cost of IssudnLe
Advance Refunding
Sdldrles
Repairs dnd Maintendnce
Equipment
CIP
Sdldrles
Incentive Pdv
Expenditures
001.0100511 1210
001.01 00.511.3150
Total Increase
In Council
001.0210.552.1210
Total Decrease
In Administration
001.0220.512.3810
001.0220.51 2.4420
001.0220.51 2.6440
001.0220.51 2.6450
Total Decrease
In Information Tech
001.0230.51 2.1210
001.0230.512.1550
001.0230.512.2310
Total Increase
In City Clerk
001 0240 514 3160
Total Decrease
In Legal
001 0300 513 3160
Totdl lncredse
In Human Resources
001 0600 513 3150
Total Increase
In Finance
001.0900.519.3440
001.0900.519.71 10
001.0900.519.9900
001.0900.519.9901
Totdl Incredse
In General Services
001 1000521 1210
001 1000 521 4600
001 1000 521 6400
001 1000 521 6900
Totdl Decrease
In Police Admin
001.1 030.521 .I 21 0
001.1030.521.1510
GENERAL FUND
Reserved for Designated for Total
Current Year Advance P.O. CIP Increase/ (Decrease)
Differences Refunding Carry Forward Carry Forward In Expenditures
14,384 14,384
(4.583) (4.583)
14,384 (4.583) 9,801
(17,200) (17.200)
(17,200)
(44,253)
(13,932)
(8,004)
(13,932)
(8.004)
(44,253)
(188,156)
34,305
14,139
34,305
14,139
57,073 57,073
(28,000) (28,000)
(28,000) (28,000)
37,043 37,043
16,905 16,905
16,905 16.905
(258.509) (258.509)
(101,000) (101.000)
30,475 30,475
6,870,701 6,870,701
(359,509) 6.901.1 76 6,541.667
(110,000) (110,000)
(30,000) (30.WO)
(160,000) (160,000)
(211,000) (211,000)
(300,000) (21 1,000) (51 1,000)
(150,000)
(13.000)
(1 50,000)
(13,000)
1
Professional Services
Uniforms and Ledther Goods
MdterldlS and Supplies
Salaries
Printing and Binding
Uniform dnd Leather Goods
Books and Subscriptions
Equipment
Professional Services
Vehicles
Overtime
Professional Services
Part TimeSalaries
Equipment
Salaries
Overtime
Professional Services
Salaries
Part Time Sdlaries
Flca Taxes
Electricity
Sdldrles
Conversion of Leave
Health and Life Insurance
Pdrt Time Sdldrles
Mdterldls dnd Supplies
SdldrleS
Part Time Salaries
001.1030 521.3150 (1 4.91 4) (1 4.91 4)
001.1030.521.5200 (4,806) (4,806)
001 1030.521.5294 (10,959) (10.959)
Total Decrease
In Police Uniform Ops (163,000) (30,679) (193,679)
001.1040.521.1210 (80,700) (80,700)
001.1 040.521.4710 (250) (250)
001.1040.521.5294 (1.300) (1.300)
001.1040.521.6400 (3,795) (3.795)
001.1040.521.5410 (70) (70)
Total Decrease
In Police Uniform Ops (80,700) (5.415) (86,115)
001.1200.522.3150 (63,000) (63,000)
001.1200.522.6410 (5.584) (5,584)
Total Decrease
In FUQ Admin (63.000) (5.584) (68,584)
001.1230.522.1410 516,000 516,000
Total Increase
In Fire EMS 516,000 51 6,000
001.1400.515.3151 36,000 36,000
Total Increase
In Growth Mgmt Admin 36,000 36,000
001.1420.515.1310 (7,100) (7,100)
001 1420.515 6400 (11,439) (11,439)
Total Decrease
In P&Z (7,100) (11,439) (18,539)
001.1430.524.1210 520 520
Totdl InCrQdSQ
In Code Enforcement 520 520
001.1440.524.1410 18,000 18,000
001 1440.521 3150 7,000 7.000
Totdl Increase
In Building 25,000 25,000
001 2000 572 1210 41,000 41,000
001 2000 572 1310 38,000 38,000
001 2000 572 21 10 6,000 6,000
001 2000 572 4320 61,000 61,000
001 2000 572 6900 (808,000) (808,000)
Totdl DeCredSQ
In RQCrQdtiOn Admin 146,000 (808.000) (662,000)
001 2030 572 121 0 16,000 16,000
001 2030 572 131 0 9,400 9,400
001 2030 572 1550 6,200 6,200
001 2030 572 2310 7.m 7.600
001 2030 572 5200 6,400 6,400
Total Increase
In Athletics 45,600 45,600
001 2032.572.1210 3,000
001 2032 572.1310 25,600
3,000
25,600
2
FiCd Taxes
Health and Life Insurance
Seminar dnd Conference
Repair dnd Maintenance
Materials and Supplies
Part Time Salaries
Part Time Salaries
Advertising
Conversion of Leave
Salaries
Conversion of Leave
Health and Life Insurance
Advertising
Repairs and Maintenance
CIP
Sdldrles
Health and Life Insurance
Workers Comp Insurance
Professional Services
Conttrattual Services
Salaries
Fira Taxer
Retirement Contrihutions
Health and Life Insurance
Professiondl Services
Prof Services-Remedidlion
EIR trii ity
Materials and Supplies
Repairs and Maintenance
Equipment Rental
CI P
001.2032 572.2110
001.2032.572.2310
001.2032.572 3710
001.2032.572.4600
001.2032 572.5200
Total Increase
In Aquatics
001.2031.572.1310
001 2033.572.1310
001.2033.572.491 0
001.2040 572 1550
Total Decrease
In Tennis
001.2041.5741210
001.2041 574.1550
001 2041.574.2310
001.2041.574.4910
Total Increase
2,100 2.1 00
1,400 1,400
2,100 2,100
17,000 17,000
8.900 8.900
60,100 60,100
11,600 11,600
(9.500) (9.500)
(1,500) (1.500)
(7.900) (7,900)
28,000
11,000
5,100
28,000
11,000
5.100
Spec & Cultural Events 47,000 47,000
001 2080.519 4600 72,000 72,000
ooi.2ono.5i9.6900 (2.450) (563,093) (565,543)
Total Decrease
In Parks 72,000 (2,450) (563,093) (493,543)
001.2090.539.1210 (21,000) (21,000)
001.2090.539.2310 (6.000) (6.000)
001.209O.539.3l 50 (61,334) (61.334)
001.2090.539.3400 (25,609) (25,609)
001.2090.539.241 0 (8.400) (8.400)
Total Decrease
In Grounds (61,009) (61.334) (122,343)
001.3000.539.1 21 0
001.3000.539.21 10
001.3000 539 2210
001.3000.539.2310
001.3000.539.31 50
001.3000.539.3155
001 3000.539.4320
001 3000.539.5200
71,000 71,000
4,300 4,300
15,000 15,000
6.383 6,383
124,000 (18,315) 105,685
99.000 (3,066) 95.934
4.700 4,700
18.000 1n.ooo
Told1 Increase
In PW Admin 342.383 (21,381) 321,002
001.3030.539.4600 (40,669) (40.669)
001.3030.539.6900 (22.385) (is.04n (40,432)
001 3030.539.4420 18.700 18.700
Total Decrease
In Facilities Mainlendnce in.700
3
(63,054) (in.047) (62,401)
Sdldrles
Contractual Services
Rpairs and Maintenance
CIP
Retirement Contributions
Contractual Services
CI P
Salaries
Part Time Salaries
Salaries
Fica Taxes
Telephone
Water and Sewer
EIe.tric Franchise Fee
Telecommunications Tax
Federal Grants
(kcupationdl Licenses
Building Permits
Training Surcharge
Appllcdtion Filing Fees
StateGrdnts General Govt
State Grants Police
State Grants Fire/EMS
State Revenue Sharing
Grants From Other Local Units
County ChLupational Licenses
juno Bedth Building Permits
Fire Insption Fees
EMS Transport Fees
Skatepark Daily Fws
Swimming Pool Fees
Court Fines
Parking Fines
Code Enforcement Fines
$12 50 Traffic Fines
Interest Income
Tax Coll Invest Earnings
MiKellaneous Revenue
Reimbursement of Cit, Svc
Reimbursement DRl
Insurance Proceeds
Tax Search
Mist Revenue-Nextel
Loan Proceeds
SdkS TdX
001 3040.541.1210
001.3040.541.3400
001.3040.541.4600
001.3040.411.6900
Total Decrease
In Storm Water
001.3050.541.2210
001.3050.541.3400
001 3050.541.6900
Total Decrease
In Streets
001.3070.539.1210
001.3070.539.1310
Total Decrease
In BRCRC Mainl
001.3080.539.1210
001.3080.539.2110
001.3080.539.4110
001.3080 5394310
Total Decrease
In BRCRC Mainl
Told1 Increase (Decrease)
In Expenditures
Revenues/Sources
001 -31 3.1 000
001.314.2000
001 -331.1 000
001.321.0000
001-322.0000
001-322.0010
001 -329-0002
001.334.1000
001.334.2000
001 334 2050
001 -335.1200
001 -335.1 ROO
001-337-9000
001-338-2000
001 -341-9000
001-342.2100
001-342.6000
001-347-2300
001-347-2400
001-351-1000
001-351-1020
001-351-1030
001-351-1040
001.361 1001
001-361.1010
001 -369.0000
001 369 0002
001.369.0010
001.369.1000
001.369.2100
001.369.401 5
001.383.1000
(87,000) (87,000)
(1,480) (1.480)
(73,000) (22,625) (95,625)
(697,310) (2,983,629) (3,680,939)
(160.000) (721,415) (2,983,629) (3,865,044)
(1 0.000) (10,000)
(12,000) (1 2,000)
(237,495) (237,495)
(22,000) (237,495) (259,495)
(54,000) (54.000)
(14,000) (14,000)
(68,000) (68,000)
(9.900) (9.900)
(3.400) (3.400)
(5.268) (5,268)
(1.200) (1.200)
(19,768)
33,869
Operating
Differences
201,000
(18.500)
569.669
(41,500)
149,000
21,000
(18,200)
366,500
(1 68,300)
39,000
100.1 00
110,600
322,300
11,800
28,000
428,500
167,800
(I 7.51 0)
95,900
(1 92,000)
13.900
12,200
43,900
368,400
15,500
98,518
42,500
(853,000)
22,400
16,600
43.m
(19,768)
6,901,176 (1.1 15,490) (4,821,264) 998,291
Loan
Total
Increase (Decrease)
Proceeds In Revenues
201,000
(18,500)
569,669
(41,500)
149,000
21,000
(18,200)
366,500
(1 68,300)
39,000
100,100
11 0,600
322,300
11.800
28,000
428,500
167,800
(17,510)
95,900
(1 92,000)
I3.900
12,200
43,900
368,400
15,500
98,518
42,500
(853,000)
22,400
16,600
43,000
6,901, I76 6,901,176
Totdl Increase In
Revenurs/Sources 1,979,077 6,901,176 8,880,253
lncredselo Reserves 1,945,208 1.1 15,490 4,821,264 7,881,962
4
RECREATION SPECIAL REVENUE FUND
Pdrt Time Sdldrles
Professional Services
Professional Services
Part Time Salaries
Contract Services
Pdrt Time Salaries
Resources
Programs
Tennis Programming
Tennis Memberships
Athletics dnd Spec Facilities
Youth Enrichment
Interest Income
Cheerledding Fundrdising
Repdirs and Mdintenance
CIP
CIP
CIP
CIP
CIP
Ladl Option CdS Tax
Interest Income
Miscelldneous Revenue
Expenditures
104.2000.575.1310
104.2030.575.3150
104.2033.572.31 50
104.2040.575.131 0
104.2040.575.3310
1 04.2042.575.1310
Total Decrease in
Expenditures
Revenues/Sources
104.347.2070
104.347.2090
104.347.2091
104.347.2092
104,347.2093
104.361.1001
104.369.0001
Total Increase In
RevennedSources
Increase to Reserves
104.347.20no
Expenditures
103.3000.539.4600
103.3000.539.6900
103.3000.539.691 0
103.3000.539.691 2
103.3000.539.6924
103.3000 539.6926
Totdl Decrease in
Expenditures
RevenuedSources
103.312.3000
103.361 .I 001
103 369.0000
Total Decredse In
RevenuedSources
lncredse to Reserves
Current Year
Differences
Reserved for Designdted for Total
P.O. CIP Increase/ (Decrease)
Cdny Forwdrd Cdrry Forward In Expenditures
(15.000) (15.000)
22,000 2,000
39,000 39,000
(123.000) (123,000)
(35.000) (35,000)
4,000 4,000
(1 on.000) (1 08.000)
Operating
Differences
46,100
(110.700)
99,000
3,600
42,300
(81.600)
1.800
Total
Increase (Decrease)
In Revenues
46,100
(110,700)
99.000
3,600
42,300
(81.600)
1.800
25,000 25,000
LOCAL OPTION GAS TAX
Current Year
Differences
Reserved for Designdled for Total
P.O. CIP Increase/ (Decrease)
Cdrry Forward Carry Forward In Expenditures
(105.786) (79,151) (184,937)
(79,229) (79,229)
(20,000) 12 0,o 00 )
(61,017) (61.01 7)
(7.644) (7.644)
(59,749) (59,749)
(254,196) (79,151) (79,229) (41 2,576)
Totdl
Operdting Increase (Decrease)
Differences In Revenues
(96,400) (96,400)
2,300 2,300
39,400 39,400
(54,700) (54.700)
199,496 79,151 79,229 357.876
5
RECREATION IMPACT FUND
Professional Services
Equipment
CIP
Expenditures
301 .2000.572.3150
301.2000.572.6100
301.2000.572.6900
Total Decrease in
Expenditures
Revenues/Snurces
Recreation Grant (FRDAP) 301.334.9020
Interest Income 301.361.1W1
Recreation Impact Fee5 301 363.2700
Total Increase In
Revenueflources
Increase to Reserves
Professional Services
Equ I pmen t
Expenditures
302.1 000.521.3150
302.1 000.521.6400
Total Decrease in
Expenditures
RevenuegSources
302 361 1001
302 363 2200
Totdl Increase In
Revenues/Sources
Increase to Reserves
Current Year
Differences
201,000
Reserved for Designated for Total
P.O. CIP lnrreasd (Decrease)
Cany Forward Carry Forward In Expenditures
201,000
(1 7,747) (17,747)
(3,892,636) (834.657) (4,727,293)
201,000 (3,910,383) (834.657) (4,544,040)
Total
Operating lncredse (Decrease)
Differeces In Revenues
104,040 104,040
105,000 105,000
313,400 313,400
522.440 522.440
321,440 3,910,383 834,657 5,066,480
POLICE IMPACT FUND
Current Yea
Differences
Reserved for Designated for Total
P.O. CIP lncreasd (Decrease)
Cdny Forwdrd Cany Forward In Expenditures
19,285 19,285
(259,000) (259,000)
(239.71 5) (239,715)
Total
Operdting Increase (Decrease)
Differences In Revenues
10,200 10,200
285,400 285,400
295,600 295,600
6
FIRE IMPACT FUND
Professional Services
Equipment
Vehicles
Interest Income
Fire lmpdct Fees
Professional Services
Equipment
Contributions to FLK>T
Interest Income
Art Impact Fees
Expenditures
303.1 200.522.31 50
303.1 200.522.6400
303.1200.522.6410
Total Decrease in
Expenditures
Revenues/Sources
303.361.1001
303.363.2200
Total Increase In
Revenues/Sources
Increase to Reserves
Expenditures
304 1400 515 3150
304 1400 515 6900
30414005158100
Totdl Decredse in
Expenditures
Revenues/Sources
304 361 1001
304.363.2700
Totdl lncredse In
Revenues/Sources
lncredse to Reserves
Current Year
Differences
28,172
(1 25,000)
Reserved for Designated for Total
P.O. CIP Increase/ (Decrease)
Carry Forward Carry Forward In Expenditures
28.1 72
(1 25.000)
(96.826)
Operating
Differences
15,500
(1 52,475) (249,303)
Total
Increase (Decrease)
In Revenues
15,500
MI 4nn M( 41111
165,228 152.475 317,703
ART IMPACT FUND
Current Year
Differences
4,624
Reserved for Designated for Totdl
P.O. CIP Increase/ (Decrease)
Carry Forward Carry Forward In Expenditures
4.624
(242,566) (1 11,592) (354,158)
60,480 (242.566) (1 11,592) (293,678)
Total
Operating Increase (Decredse)
Differences In Revenues
7,400 7,400
35,500 35,500
42,900 42,900
117.580) 242 5hh 11 1.592 336.578
7
ROAD IMPACT FUND
Expenditures
Professional Services 305.090(3.541.3150
Improv. Other Thdn Bldgs 305.0900.541.6300
CIP 305 0900.541.6900
Total Decrease in
EXpQndihvQS
Interest Income
Road Impact Fees
305.361.1001
305.363.2400
Total Increase In
Revenues/Sources
Increase to Reserves
Expenditures
308 WOO 519 6300
308 0900 519 8100
Totdl Increase in
Expenditures
Improv Other Thdn Bldgs
Contributions to FDOT
Spe4 Assessments
Revenues/Sources
308 363 1000
Totdl Decrease In
Revenues/Snurces
Decrease to Reserves
Current Year
Differences
Reserved for Designated for Total
P.O. CIP Increase/ (Decrease)
Cdny Forwdrd Carry Forward In Expenditures
118,490 118,490
171.51 0 (125,000) 46,510
(3,442,787) (3,442,787)
290,000 (I 25,000) (3,442,787) (3,277,787)
Total
Operating Increase (Decrease)
Differences In Revenues
109.800 1 W.800
1,249,000 1,249,000
3.358.800 1.358.800
1,068,800 125,000 3,442,787 4,636,587 -
PGA FLYOVER FUND
Current Year
Differences
Reserved for Designated for Total
P.O. CIP InCredSe/ (DKredSQ)
Carry Forwdrd Cdrry Forward In Expenditures
(305,040) (305,040)
522,204 522,204
217,164 21 7.1 64
Totdl
Operating Increase (Decredse)
Differences In Revenues
(138,516) (138.51 6)
(138,516) (1 38.51 6)
(355,680) (355,680)
8
Pro1
Pro1
IT
lnte
Mis
ou I
Tu1
Vet
CIP
vices - Legdl
vices - Engineering
Other Than Bldgs
Income
neous Revenues
Vehicle Repdlr
nd Tires
BURNS ROAD IMPROVEMENTS FUND
Current Yen
Differences
Reserved for Designated for Total
r.0. CIP Increase/ (Decrease)
Cany Forward Carry Forward In Expenditures
Expenditures
309 0900 519 3160 (5.272) (5.272)
309 0900 51 9 31 70 (1 2.490) (1 29) (12,619)
309 0900 519 6300 (346,800) (93,613) (440.41 3)
Total Decrease in
Expenditures (364,562) (93,742) (458,304)
Total
Revenues/Sourres Operating Increase (Decrease)
Differences In Revenues
309 361 1001 7,300 7.300
309 369 onoo 3.500 3,500
Total Increase In
RevenuedSources 10,800 10.800
Increase to Reserves 375.362 93,742 469,104
P -
FLEET FUND
Current Year
Differences
Reserved for Designated for Total
P.O. CIP Increase/ (Decrease)
Carry Forward Carry Forward In Expenditures
Expenditures
501.3020.539.4640 (n.iin) (n.118)
501.3020.539.5270 (I 3,335) (13,335)
5ni.3020.539.~1 o (36,754) (36.754)
501.3020.539.6900 (11.530) (73) (11,603)
Total Decrease in
Expenditures
Revenues/Sources Operating
Differences
Total
Increase (Decrease)
In Revenues
Totdl Increase In
Revenues/Sources
Increase to Reserves 69,737 73 69.m
9
CI P
GOLF FUND
Current Year
Differences
Reserved for Designated for Total
P.O. CIP Increasd (Decrease)
Cany Forward Carry Forward In Expenditures
Expenditures
401 2540.572.6900 (22,969) (22,969)
Total Decrease in
Expenditures (22,969) (22,969)
Revenues/Sources Operating
Differences
Total
Increase (Decrease)
In Revenues
Total Increase In
Revenues/Sources
Increase to Reserves 22,969 22,969
(5,788,544) (9,312,571)
10
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memo rand u m
Date Prepared: November 28,2005
Meeting Date: January 5, 2005
Ordinance 39, 2005
SubjecUAgenda Item: Ordinance 39, 2005, amending the Fiscal Year 2005/2006
Budget
[ X ] Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
City Attorney
Finance Director a-p
Submitted by: "a
Department Director
Approved by: ,,+'
City Manag&
Originating Dept.:
Finance
Advertised:
Date: 12/22/2005
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
[ ] Notified
4
[ ] Not required
costs: $ 0
(Total)
$0 Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct .#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 39, 2005
Exhibit I' 1 "
[ 1 None
Date Prepared: November 28,2005
Meeting Date: January 5, 2005
Ordinance 39, 2005
BACKGROUND:
0 Under Generally Accepted Accounting Principals, as one fiscal year comes to a
close and a new fiscal year begins, the City is required to carry forward the funds
appropriated for prior year obligations that will be paid in the new fiscal year. This
ordinance amends the FY 2005/2006 budget for amounts reserved and designated
from FY 2004/2005 for outstanding purchase orders and commitments as they
relate to open projects that cross fiscal years.
This ordinance also amends the 2005/2006 budget for grants, donations and other
revenues that are received or measurable, but were not available to be recognized
during the budget process. Some of the more significant items include an accrual
for reimbursement from FEMA for Hurricane Wilma debris collection in the amount
of $1,313,551, reimbursement for cost associated with the Kyoto Gardens Drive
extension from PGA North, Ltd. in the amount of $1 04,691, a contribution from the
American Heart Association in the amount of $1 7,500 for the purchase of AED units
to be placed in police vehicles, $1 1,500 received from PBGYAA, Inc. for renovations
to fields 3 & 4, a donation from the Bettie B. Marks Trust Fund for the purchase of a
bronze sculpture at Sand Hill Crane Park in the amount of $17,000 and
miscellaneous reimbursements from developers to cover overtime required for
inspections in the building department. Please refer to Exhibit "1" for a complete
listing by account number.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 39,2005
for second reading
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ORDINANCE 39,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2005, AND ENDING SEPTEMBER 30,2006, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a
Budget for the 2005/2006 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 200512006 Budget; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1 , 2005, through September 30,2006,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 28,2005
Ordinance 39, 2005
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PASSED this ?=day of /)GbwGa , 2005, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
AGAINST ABSENT
\\Pbgsfile\Attorneylattorney-share\ORDINANCES\budget amendment 2006-06 - Ord 39 2005.doc
2
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/2006
Exhibit "1"
GENERAL FUND
Expenditures
001.0100.511.3150
001.0200.512.5200
001.0220.512.3810
001.0220.512.4420
001.0220.512.6450
001.0900.519.3430
001.1 000.521.6900
001.1030.521.3150
001.1030.521.5200
001.1030.521.5294
001.1040.521.4710
001.1040.521.5294
001.1040.521.5410
001.1040.521.6400
001.1200.522.6410
001.1230.522.6400
001.1420.515.6400
001.2000.572.6900
001.2080.519.6300
001.2080.519.6900
001.2090.539.3150
001.3000.539.3150
001.3000.539.3155
001.3030.539.4600
001.3030.539.6900
001.3040.541.3400
001.3040.541.4600
001.304O.541.69OO
001.3050.541.6900
001.3090.524.1410
Total Increase
in Expenditures
Revenues
001.331.1000
001.366.0000
001.366.2000
001.369.0000
001.389.0000
Total Increase in
Revenues/Sources
Reserved for Designated for
Purchase Orders Projects
Grants Increase/ (Decrease)
Other Rvenues To Budget
4,583
13,932
8,004
166,220
14,914
4,806
10,959
250
1,300
70
3,795
5,584
1,313,551
211,000
11,439
808,000
2,450 563,093
61,334
18,315
3,066
40,669
22,385 18,047
1,480
22,625
697,310 2,983,629
237,495
4,583
2,700 2,700
13,932
8,004
166,220
1,313,551
21 1,000
14,914
4,806
10,959
250
1,300
70
3,795
5,584
17,500 17,500
11,439
808,000
17,000 17,000
11,500 577,043
61,334
18,315
3,066
40,669
40,432
1,480
22,625
3,680,939
237,495
4,300 4,300
1,115,490 4,821,264 1,366,551 7,303,305
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Reserved Designated Other Rvenues To Budget
1,313,551 1,313,551
17,500 17,500
17,000 17,000
18,500 18,500
1,115,490 4,821,264 5,936,754
1,115,490 4,821,264 1,366,551 7,303,305
1
LOCAL OPTION GAS TAX FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
103.3000.539.4600 79,151 79,151
103.3000.539.6900 79,229 79,229
Total Increase in
Expenditures 79,151 79,229 158,380
Revenues
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Reserved Designated Other Rvenues To Budget
103.389.0000
Total Increase in
Revenues/Sources
79,151 79,229 158,380
79,151 79,229 158,380
RECREATION IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
301.2000.572.6400 17,747
301.2000.572.6900 3,892,636 834,657
301.2000.572.6911
17,747
4,727,293
Total Increase in
Expenditures 3,910,383 834,657 4,745,040
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Revenues Reserved Designated Other Rvenues To Budget
301.389.0000 3,910,383 834,657 4,74 5,040
Total Increase in
RevenuedSources 3,910,383 834,657 4,745,040
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FIRE IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
303.1200.522.6410 152,475 132,475
Total Increase in
Expenditures 152,475 152,475
Revenues
303.389.0000
Total Increase in
Revenues/Sources
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Reserved Designated Other Rvenues To Budget
152,475 152,475
152,475 152,475
ART IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
304.1400.515.6900 242,566 111,592 354,158
Total Increase in
Expenditures 242,566 111,592 354,158
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Revenues Reserved Designated Other Rvenues To Budget
304.389.0000 242,566 111,592
Total Increase in
Revenues/Sources 242,566 111,592
354,158
354,158
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ROAD IMPACT FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
305.0900.541.6300 125,000 125,000
305.0900.541.6900 3,442,787 104,691 3,547,478
Total Increase in
Expenditures 125,000 3,442,787
Fund Balance -
Revenues Reserved Designated
Fund Balance - Grants
Other Rvenues
3,672,478
Increase/ (Decrease)
To Budget
305.369.0000
305.389.0000 125,000 3,442,787
104,691
Total Increase in
Revenues/Sources 125,000 3,442,787
BURNS ROAD IMPROVEMENT FUND
104,691
Reserved for Designated for Grants
Expenditures Purchase Orders Projects Other Rvenues
309.0900.519.3170 129
309.0900.519.6300 93,613
Total Increase in
Expenditures 93,742
Fund Balance - Fund Balance - Grants
Revenues Reserved Designated Other Rvenues
309.389.0000 93,742
Total Increase in
Revenues/Sources 93,742
104,691
3,567,787
3,672,478
Increase/ (Decrease)
To Budget
129
93,613
93,742
Increase/ (Decrease)
To Budget
93,742
93,742
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GOLF FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
106.2540.575.6900 22,969 22,969
Total Increase in
Expenditures 22,969 22,969
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Revenues Reserved Designated Other Rvenues To Budget
106.389.0000 22,969 22,969
Total Increase in
Revenues/Sources 22,969 22,969
FLEET FUND
Reserved for Designated for Grants Increase/ (Decrease)
Expenditures Purchase Orders Projects Other Rvenues To Budget
501.3020.539.4640 8,118
501.3020.539.5270 13,335
501.3020.539.6410 36,754
501.3020.539.6900 11,530 73
8,118
13,333
36,754
11,603
Total Increase in
Expenditures 69,737 73 69,810
Fund Balance - Fund Balance - Grants Increase/ (Decrease)
Revenues Reserved Designated Other Rvenues To Budget
501.389.0000 69,737 73 69,810
Total Increase in
Revenues/Sources 69,737 73 69,810
5,788,544 9,312,571 1,471,242 16,572,337
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 13,2005
Meeting Date: January 5,2006
Ordinance 1,2006
SubjectlAgenda Item:
First Reading / Ordinance 1,2006: An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida Relating to an Expedited Development Review Program for
Economic Development Projects; Creating a New Section 78-57, Code of Ordinances To
Be Entitled “Targeted Expedited Permitting Program”; Providing for Codification; and
Providing an Effective Date.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed + by:
City Attorney
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AlCP
Approved By:
Ronald M. Ferris
City Manager
~ Originating Dept.:
Economic Development %.M$!tl;
Dolores A. Key
Director
Action:
[ ] Quasi-judicial
[XI Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
Palm Beach Post
[ ] Required
[XI Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other&
Budget Acct.#:
NIA
EDAB Action
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ XI Rec. approval
[ ] Rec. app. wl
conditions
[ ] Rec. Denial
[ ] Continued to:
PZAB Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[X ] Rec. approval
[ ] Rec. app. wl
conditions
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 48,2004 -
Economic
Development Element
Date Prepared: December 13,2005
Meeting Date: January 5,2006
Ordinance 1,2006
Page 2 of 4
EXECUTIVE SUMMARY
Ordinance 1 , 2006, the TARGETED EXPEDITED PERMITTING PROGRAM, provides the necessary
changes to the land development regulations that allow the prioritization of economic
development projects while still meeting the requirements of the City’s Comprehensive
Plan and Land Development Regulations. Further, Ordinance I, 2006 provides a
framework of benefits / responsibilities for both the applicant and the City. The ordinance
sets forth the parameters of qualifications for the program, defines value-added
employment, and, most importantly, implements Ordinance 48, 2004, which adopted the
Economic Development Element of the Comprehensive Plan of the City of Palm Beach
Gardens.
BACKGROUND
Since its founding on March 20, 1959, the City of Palm Beach Gardens has evolved into an
upscale bedroom community. 2003 statistical data indicates that approximately 80% of ad
valorem taxes are generated by the residential component with less than 2% of ad valorem
taxes generated by value-added employers. (See Figure 7)
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 emphasizes the need to diversify
the economy with value-added employer options. Currently, the manufacturing and
industry sectors are insignificant in Palm Beach Gardens and therefore have been
consolidated into a “commercial” category for evaluation purposes. The heavy emphasis
on service and retail is typical for bedroom communities. Service and retail components of
the economy, by definition, %pin” wealth rather than create wealth. Under normal
circumstances, both the service and retail sectors are dependent upon monies that already
exist in a geographic region. (See Figure 2)
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, primarily depends on ad valorem taxes to fund
services. Residents are not assessed additional taxes for utility, solid waste, storm water,
or fire rescue; and pay a minimal amount in communication services taxes. As the City
approaches build-out; considering Save-our-Homes legislation; and with the real possibility
of State increasing of the Homestead Exemption; it becomes paramount to explore
options of diversification of the economy for the long-term financial security of the City in
order to fund the level of services that residents have come to expect and demand.
Date Prepared: December 13,2005
Meeting Date: Januaty 5,2006
Ordinance 1,2006
Page 3 of 4
Figure 1
Commercial
20.06%
2003 Ad Valorem Tax Percentages
Other
r1.15%
LResidential
70.19%
General Fund (ad valorem) $52.714.507
Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Other indicates value-added employers.
Figure 2
Growth Trends of Business Sector
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2W2 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced
growth while the commercial sector, which creates new dollars in the local economy, has remained flat.
Date Prepared: December 13,2005
Meeting Date: January 5,2006
Ordinance 1,2006
Page 4 of 4
DISCUSSION
The City of Palm Beach Gardens has recognized the need to diversify the economic base.
On January 6,2005, Palm Beach Gardens’ City Council passed Ordinance 48,2004 which
made an Economic Development Element part of the City’s Comprehensive Plan. The
element was subsequently found in compliance by the Department of Community Affairs.
Further, all verbiage for the TARGETED EXPEDITED PERMITTING PROGRAM was included in the
data and analysis section of Ordinance 48, 2004.
It is important to note that the City of Palm Beach Gardens does not currently offer financial
incentives to expanding or relocating companies. Recognizing that time equates to money
in the business world, the City of Palm Beach Gardens has formulated the TARGETED
EXPEDITED PERMITTING PROGRAM - a program that was authored by the Economic
Development Advisory Board. The Economic Development Advisory Board is comprised
of a cross-section of the business community and members have provided valuable insight
to the City’s recruitment and expansion efforts.
The TARGETED EXPEDITED PERMITTING PROGRAM accelerates the planning, zoning, and
building permitting process. The TARGETED EXPEDITED PERMITTING PROGRAM is available to
companies that are expanding operations or moving into the City so that value-added
employment may be created at a faster pace. Companies must meet specific criteria in
order to qualify for the TARGETED EXPEDITED PERMITTING PROGRAM.
The TARGETED EXPEDITED PERMITTING PROGRAM provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City’s Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City Code or City Comprehensive Plan
requirements.
BOARD RECOMMENDATION
On November IO, 2005, the Economic Development Advisory Board unanimously
approved Ordinance 1 , 2006.
On December 13,2005, the Planning, Zoning, and Appeals Board approved Ordinance 1,
2006 with a 7 - 0 vote.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 1, 2006 outlining the TARGETED EXPEDITED
PERMITTING PROGRAM.
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Date Prepared: December 13,2005
ORDINANCE 1,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO AN EXPEDITED
DEVELOPMENT REVIEW PROGRAM FOR ECONOMIC
CODE OF ORDINANCES, TO BE ENTITLED “TARGETED
EXPEDITED PERMITTING PROGRAM”; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PROJECTS; CREATING A NEW SECTION 78-57,
WHEREAS, on January 6, 2005, the City Council adopted an amendment to the
City’s Comprehensive Plan through the adoption of Ordinance 48, 2004 to establish an
Economic Development Element; and
WHEREAS, on March 11, 2005, the Department of Community Affairs of the State
of Florida found said amendment IN COMPLIANCE, pursuant to Sections 163.31 84,
163.31 87, and 163.31 89, Florida Statutes; and
WHEREAS, Section 163.3202, Florida Statutes, requires municipalities to adopt or
amend and enforce land development regulations that are consistent with and implement
their adopted comprehensive plan within one (1) year of the submission to the State of a
revised comprehensive plan for review pursuant to Section 163.31 67(2), Florida Statutes;
and
WHEREAS, Policy 13.1.1.6. of the element states, in part, that “The City shall
maintain and develop programs to encourage and facilitate the expansion and relocation
of target industries in the City including but not limited to: .... Implement a targeted
expedited permitting program for companies that are expanding operations or moving into
the City so that value-added employment may be created at a faster pace.. .I1; and
WHEREAS, the City Council has determined that it is necessary to create a new
Section 78-57, Code of Ordinances, to be entitled “Targeted Expedited Permitting
Program,” to establish a targeted expedited permitting program in accordance with the
aforesaid policy of the Comprehensive Plan; and
WHEREAS, City staff has prepared and reviewed an amendment to Chapter 78 of
the City’s Code of Ordinances, entitled Land Development Regulations, to establish the
aforesaid Section 78-57; and
WHEREAS, the subject amendment (Petition LDR-05-04) to the City’s Land
Development Regulations was reviewed by the City’s Economic Development Advisory
Board on November 10, 2005, which recommended its approval by a vote of 6-0; and
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Date Prepared: December 13,2005
Ordinance 1,2006
WHEREAS, the subject amendment to the City’s Land Development Regulations
was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on
December 13,2005, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-45, Code of Ordinances entitled “Targeted Expedited
Permitting Process” is hereby created to read as follows:
Sec. 7845. Targeted Expedited Permitting Program.
(a) Pupose and intent. The Targeted Expedited Permitting Program provides
qualifying projects an efficient process to resolve issues in a timely manner through face-
to-face meetings with a City representative without sacrificing any requirements
established in this Chapter. The Targeted Expedited Permiffing Program is available to
qualifying companies that are expanding operations or moving into the City so that value-
added employment may be created at a faster pace.
(b) App/icabi/ity. The City’s Economic Development Advisory Board shall utilize the
following qualification criteria when determining whether a company qualifies for the
Targeted Expedited Permitting Program:
The company must fall into one (1) of the following industry clusters as
recommended by the Economic Development Advisory Board:
a. Medical and Pharmaceutical;
b. Aerospace and Engineering;
c. Information Technology;
d. Business and Financial Services;
e. Education;
f. Research and Development; and
g. Any other industry cluster approved by the City’s Economic Development
Advisory Board.
The company must demonstrate the capability to create at least fifty (50) new
positions in the City of Palm Beach Gardens within the first two (2) years of
operation; or expand its operation within the City as a result of creating at least 50
new positions in the two (2) years prior to the issuance of the Certificate of
Occupancy for the new facilities; or a combination thereof.
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(4
Date Prepared: December 13,2005
Ordinance 1,2006
Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer. Value-added
employment is defined when the average compensation package of positions
created is at least 10% higher than the current per capita income level in the City.
Companies must pass the City’s due diligence process to establish solvency and
credibility prior to acceptance into the program. Due diligence reports (1) may
include a Dun & Bradstreet report and (2) must be reviewed by the Economic
Development Advisory Board, City Manager, Economic Development
Administrator, andlor Finance Administrator for the City.
Companies must receive an endorsement from the Economic Development
Advisory Board.
Notwithstanding the criteria above, a company may qualify for the Targeted
Expedited Permitting Program if the company is a sanctioned project by the State
of Florida or other officially sanctioned economic development organization
(OTTED, Enterprise Florida, or Business Development Board of Palm Beach
County).
Benefits. Companies that have been accepted into the Targeted Expedited
Permitting Program shall receive the following benefits:
The City Manager or Economic Development Director shall appoint a single Point
of Contact at the City who shall be kept apprised of all developments relating to the
review of the project by the City’s Development Review Committee in order to keep
the project on track and provide a periodic status report to the Company’s Project
Manager; and
The Growth Management Department shall establish the necessary steps required
for project approval in a pre-application meeting, and subsequently, prepare an
itemized timetable for the project’s completion of the development review process;
and
The project shall receive priority at every phase of the review process by City staff,
including face-to-face meetings; and
The City’s Development Review Committee shall review and provide comments
relative to the project not to exceed five (5) business days of submission of plans by
the Applicant; and
In the case that major issues arise at any point during the development review
process, a face-to-face meeting of all concerned parties will be called within two (2)
business days so that a resolution may be found in a timely and efficient manner;
and
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Date Prepared: December 13,2005
Ordinance 1,2006
(6) An economic section will be included in the staff report for the project for the
Planning, Zoning, and Appeals Board and City Council hearings.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
PASS ED t h is day of
PASSED AND ADOPTED this day of , 2006, upon second
, 2006, upon first reading.
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl EN CY
BY:
Christine P. Tatum, City Attorney
G:\attomey-share\ORDINANCESExpedited Permitting - Ord 1 2006.d~
4
FOR AGAINST ABSENT
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Date Prepared: November 24,2004
Amended at second reading January 6,2005
ORDINANCE 48,2004
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTING A NEW ECONOMIC DEVELOPMENT
ELEMENT OF THE CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens adopted a Comprehensive Plan
pursuant to the requirements of the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Planning and Zoning Commission, sitting as the Local Planning
Agency, after notice and public hearing, has considered the appropriateness of the
proposed new Economic Development Element of the Comprehensive Plan of the City
and has submitted its recommendation to the City Council; and
WHEREAS, the City Council, after notice and public hearing, voted to transmit
this proposed amendment to the State land planning agency and has otherwise
complied with applicable provisions of the Florida Statutes governing amendments of
Comprehensive Plans; and
WHEREAS, the notice and hearing requirements for Comprehensive Plan
amendments, as set forth in the Florida Statutes, have been satisfied; and
WHEREAS, the City Council has taken the recommendations of the Local
Planning Agency and the comments from the public into consideration.
WHEREAS, the City Council of the City of Palm Beach Gardens finds the
proposed element is necessary to comply with Policy 1 .I .6.7 of the Future Land Use
Element of the City’s Comprehensive Plan which provides that the City shall initiate
proactive efforts to expand the economic base of the City working within the framework
of existing economic agencies and groups, such as the North County Mayors Economic
Development Group, the Palm Beach County Business Development Board and County
Economic Development Department. Strategies shall include considering the creation
of a City Economic Development Advisory Board to create an economic element of the
comprehensive plan; improving communication and forging alliances with major
property owners in order to coordinate efforts in attracting new businesses; accelerating
the development approval process; encouraging redevelopment of distressed
properties; and maintaining points of contact with economic development agencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: November 24,2004
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SECTION 1. A new Economic Development Element of the Comprehensive Plan
is added to read as follows:
ECONOMIC DEVELOPMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS
IMPORTANT NATURAL RESOURCES.
Objective 13.1.1 .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging
growth in targeted cluster industries that provide high-wage employment and
complement changing economic conditions by supporting existing businesses and by
retaining and improving resource-based sectors, such as tourism, retirement, and
recreation.
Policy 13.1.1.1 .: The City shall continue to attract industries and employers in cluster
industries such as biotechnology, communications, information technology, medical
products, marine biology, aerospace research, and associated ancillary businesses.
Policy 13.1.1.2.: The City shall assist the retention and growth of existing
businesses within the City, particularly those that provide high-wage employment or that
support or complement those employment sectors.
Policy 13.1 .1.3.: The City shall consewe and enhance the natural and recreational
resources that provide the foundation of the City’s retirement, recreation, and tourist
based economic sectors.
Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and
residential acreage through mechanisms such as zoning and land use plans to meet
future needs of a diversified economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth
regarding increases in the employment and average wages for targeted industries.
Policy 13.1 .1.6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries in the City, including, but not
limited to:
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Date Prepared: November 24,2004
Implement a targeted expedited permitting program for companies that are
expanding operations or moving into the City so that value-added employment may
be created at a faster pace; and
Continuing to review land development processes to determine where
opportunities for streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year-round tourism to moderate seasonal employment
fluctuations in the retail and service sectors.
Policy 13.1.2.1 .: The City shall work with the County Tourist Development Council to
promote growth in year-round tourism, including increased use of the “bed tax” for that
purpose.
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
The City shall support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy.
Policy 13.1.3.1 .:
to small business opportunity, and minority and women business enterprises.
The City shall collect, develop, and disseminate information related
Policy 13.1.3.2.:
participation in City-funded projects.
The City shall support small businesses by encouraging their
Policy 13.1.3.3.:
City departments for the relocation or expansion of established small businesses.
The City shall facilitate productive support and assistance within all
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education
system in order to encourage industry to locate or expand in Palm Beach Gardens. The
City shall encourage participation of business, economic, and educational leaders and
institutions in this effort.
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Policy 13.1.4.1 .: The City shall encourage education and training institutions to
provide education and research programs that meet the needs of targeted cluster
industries, and encourage supplemental education to support existing businesses and
programs to stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher
education institutions, such as Palm Beach Community College and Florida Atlantic
University, by providing opportunities for faculty and students to participate in City
programs that encourage economic development and education.
Policy 13.1.4.3.: The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school,
universities, and research and development training programs oriented to preparing
students for success in targeted economic development sectors.
Objective 13.1 3.: Balance between Man-Made and Natural Environment
The City shall maintain the quality of its balance between man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy 13.1 5.1 .: The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing
planned growth patterns to foster neighborhood-based services to serve local needs.
Policy 13.1 5.2.: The City shall accommodate balanced growth and housing needs
of the City’s labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Policy 13.1 5.3:
managed growth.
The City shall maintain adequate infrastructure to accommodate
Policy 13.1.5.4: The City shall continue to provide for attractive open spaces and
sustainable natural environments that enhance the quality of life in the City and protect
the functions of important regional environmental resources.
SECTION 2. The City Manager is hereby directed to cause the Comprehensive
Plan to be amended in accordance with this Ordinance.
SECTION 3. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Florida Statutes, whichever is applicable. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued by the
4
Date Prepared: November 24,2004
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Administration Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which resolution shall be
sent to the Florida Department of Community Affairs, Division of Community Planning,
Plan Processing Team. An adopted amendment whose effective date is delayed by law
shall be considered part of the adopted plan until determined to be not in compliance by
final order of the Administration Commission. Then, it shall no longer be part of the
adopted plan unless the local government adopts a resolution affirming its effectiveness
in the manner provided by law.
(The remainder of this page left intentionally blank)
5
Date Prepared: November 24,2004
Ordinance 48,2004
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PASSED this day of -A &n ,2004, upon first reading.
PASSED AND ADOPTED this (5 day of c) humy ,2005, on second
and final reading.
FOR
J
AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, City'CIerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: J
'dhristine P. Tatum, City Attorney
G:bttomey-shamQRDINANCESkomp plan - econa~lic development - ord 48 2004.doc
J'
6
DATA AND ANALYSIS - ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT
BACKGROUND
The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur,
multimillionaire insurance magnate and landowner. Mr. MacArthur envisioned a city where
streets were lined with trees and waterways intertwined throughout the community - a
"garden city" that embraced environmental conservation and provided an exceptional
standard of living where residents could live and work. He embarked upon turning
approximately 4,000 acres of dairy land into this reality.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Approximately one-third of all development must be dedicated to green space - a
standard that is rigorously enforced. Streetscapes and landscape buffers are evident
throughout the City. Indeed, green space is one of the core values of the community as a
whole and has attracted people and companies to Palm Beach Gardens. Although many
people have moved to live in Palm Beach Gardens, data suggests that most residents
must commute out of the city for employment.
ASSESSMENT OF NEED
The City of Palm Beach Gardens has evolved into an upscale bedroom community. The
current tax base of the City reflects a dependence on residential tax assessments. See
Figure 7. Data for 2003 indicates that approximately 80% of ad valorem taxes are
generated by the residential component. See Figure 2.
Economic trends are shifting away from bedroom communities; therefore, in an effort to
diversify and thus stabilize the economic base, the City of Palm Beach Gardens must
attract industries and employers. The Economic Development Advisory Board of the City
of Palm Beach Gardens has developed a strategy to diversify the local economy in order
to decrease the reliance on residential ad valorem taxes. This is of particular importance
considering the City is approaching build-out of land mass.
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund
services. See Figure 3. Residents are not assessed additional taxes for utility, solid
waste, storm water, or fire rescue; and pay a minimal amount in communication services
taxes. The City has opted to pay for these services out of ad valorem assessments.
Because the City of Palm Beach Gardens has been fortunate to have land mass that has
been available for residential development, the reliance on ad valorem taxation has not
been a major concern. However, as the City approaches build-out, it is prudent to diversify
the tax base in lieu of the escalating costs of providing services to residents. The Florida
Legislature has come under increasing pressure to increase the homestead exemption
from $25,000 to $50,000 for qualifying homeowners. If passed, the effect on the City of
Palm Beach Gardens tax revenues would be substantial and would necessitate the
exploration of alternate funding mechanisms to maintain current levels of services.
Economic Development
Data & Analysis
1 City Council Meeting 12/16/04
Figure 1
Ad Valorem Taxes
u.500,000.000 -
u.000.000.000 .
53.500.000.000 .
53.000.000.000 ..
52.500.000.000 -
52.000.000,000 -.
Sl,500.000,000 -
51.000.000.000 . -I)-----'
1
sm.000.000 .
* - m S-r - - I
1- 2000 2001 2002 2003
+Reridentlal +Business +Other
Historical Data Compiled from Tax Rolls - City of Palm Beach Gardens, Finance - 2004
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Figure 2
Commercial
20.06%
2003 Ad Valorem Tax Percentages
Other
/-1.15%
4 Residentlal 78.79%
General Fund (ad valorem) = $52,714,507
Data Compiled from Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Economic Development
Data 81 Analysis
2 City Council Meeting 12/16/04
Figure 3
Jupiter 906 300 80 83 46 380 $1,795
Royal Palm
Beach 1,206 300 63 84 0 0 $1,653
North Palm
Beach 1,360 300 84 80 0 0 $1,824
West Palm
Beach 1,696 300 65 192 56 0 $2,309,
Riviera
,Beach 2,000 300 66 134 54 0 $2,554
Comparative Prepared by Finance Division - City of Palm Beach Gardens, 2003
When all municipal revenue streams are considered, Palm Beach Gardens has one of the lowest tax burdens.
BALANCED AND DIVERSIFIED ECONOMY
Value-added employment opportunities in the City of Palm Beach Gardens can be
provided through the recruitment of new industries to and expansion of existing companies
in the City. The benefits of more diverse employment opportunities include: . Citizens with a variety of employment options enjoy a better quality of life. . Municipalities with a diverse range of corporate citizens reap a broader financial
base and more stable economy.
Regardless of an individual, public, private, or non-profit perspective, revenue is vital.
A value-added employer is defined as a company with an average (median) employee
compensation package of 10 - 15% higher than Palm Beach County’s average salary
and/or neighboring communities. Traditionally, the actual salary paid to the employee
should be 10% higher than the county average, but there are cases where the entire
employee package (life and health insurance, benefit program, IRA or retirement package,
etc.) may be considered if a company is in a specific target industry sector that is desirable
for economic growth in a municipality.
Economic Development
Data & Analysis
3 City Council Meeting 12/16/04
In 2000, the average (median) salary in Palm Beach County was $41,007. Therefore, the
City should seek employers that pay an average salary of at least $45,107 if based on
County's average. Based on an analysis of the demographic data contained in Figure 4,
one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to
attract companies that pay an annual salary of $45,107 (value-added employer for Palm
Beach Gardens).
Additionally, the small gap between median household and per capita income in Palm
Beach Gardens seems to indicate that there is one "breadwinner" or primary wage earner
per household. Typically speaking, the larger the gap between household and per capita
income, the more likely it is that there are two or more people contributing to the household
income. By contrast, the smaller the gap, the more likely it is that the monies are derived
from other income sources (investments in real estate, stock markets, etc.).
Figure 4
Median Household Income vs Per Capita Income ____ - ___ __ __ . .
I
Palm blich Boa Raton eoynbn bach Royal Palm Wrlllng(~n Wrat Palm
Ordens hash bach
Data Compiled from US Census 2000 - DP 3
Data indicates that the majority family income is generated from one breadwinner in
Palm Beach Gardens' households.
The official economic development organization for the county, the Business Development
Board of Palm Beach County, Inc., has identified several economic cluster areas that are
targeted for economic growth in Palm Beach County. Based on a study conducted by the
Stanford Research Institute International (SRI) in the late 1990s cluster areas in the
county for economic growth included: Technology; Business & Financial; Medical &
Economic Development
Data & Analysis
4 City Council Meeting 12/16/04
Pharmaceutical; Aerospace & Engineering; Agri-Business; and Tourism. Source:
Cooperating to Compete in the 21'' Century: An lndustry Cluster Development Strategy
for Palm Beach County, Jan. 7998.
In analyzing the SRI study and considering demographic data on workforce skill sets,
education levels, average age, and lifestyle factors compiled about the City's residents, the
City's Economic Development Advisory Board (comprised of private sector members)
made recommendations for the appropriate target market(s) that the City should pursue in
order to diversify the tax base.
Additional factors that were considered in identifying target markets for the recruitment of
value-added employers were: the void created by the down-sizing of Pratt-Whitney and
Sikorsky (aerospace and engineering) that created a "brain-trust" available in the county
population; growth in local business aviation (Belcan and Embraer), not to be confused
with commercial aviation industry; stability of the pharmaceutical industry; growth of local
companies in medical device manufacturing (3i - Implant Innovations and Anspach); and
cross application of skill sets in the workforce (i.e., aerospace technical engineering skills
are cross applicable in a myriad of industries - specifically medical device design).
Identified industry sectors that should be targeted in order to diversify the economy of the
City of Palm Beach Gardens are:
I Medical & Pharmaceutical
I Aerospace & Engineering . Information Technology
Research & Development
I Business & Financial Services
I Education
Corporate Headquarters
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to
diversify the economy with value-added employer options. See Figure 5. Currently, since
the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have
been consolidated into a "commercial" category for evaluation purposes. The heavy
emphasis on service and retail is typical for bedroom communities. Service and retail
components of the economy, by definition, "spin" wealth rather than create wealth. Under
normal circumstances, both the service and retail sectors are dependent upon monies that
already exist in a geographic region.
By contrast, the commercial, industrial, and manufacturing sectors export goods and
therefore are not dependent on local money for survival. There are exceptions to the rule.
Information Technology, for example, is usually considered a service sector industry, yet,
is not dependent on the local customer base. Thanks to the capabilities of the World Wide
Web and Internet connection, the transfer of intellectual knowledge or technology services
is a simple click of a button.
Increasingly, commercial, industrial, and manufacturing companies are opting to utilize the
Internet for marketing purposes to expand their customer base, thereby cushioning the
impacts of a specific geographically-based revenue stream. According to the Strategis
Group, the number of US households with Internet access has grown from 14.9 million in
Economic Development
Data & Analysis
5 City Council Meeting 12/16/04
1995 to a projected 90 million in 2005. Internet marketing expenditures are projected to
grow from $1 billion in 1998 to $9 billion in 2003. Source: CE Unterberg Towbin. The
Internet opens international marketing to another customer base and makes it possible to
reach overseas markets as easily as if they were next door.
Figure 5
Growth Trends of Business Sector
0 J-l
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth
while the commercial sector, which creates new dollars in the local economy, has remained flat.
It is, therefore, important to create new money in the community by seeking value-added
employers that can contribute to the stability of the local economy, provide sustainable
high-paying employment opportunities to residents, and ensure a tax revenue stream not
dependent merely on land development. Equally as important is retaining and assisting
companies that are already located in Palm Beach Gardens to expand. Based on data
collected by the Occupational Licenses Division, in Fiscal Year 2003-2004, the City
maintained an 84% retention rate of operating businesses. This seems to indicate that
monies in the local economy for the service and retail sectors are strong; otherwise, the
retention rate would be less.
INVENTORY OF ASSETS
In order to attract companies that are an appropriate match for the residents of Palm
Beach Gardens, it is necessary to quantify the skill sets and number of people in the local
workforce. Generally speaking, the Palm Beach Gardens’ workforce is comprised of
professionals who are in the middle of their career cycles and are more stable and
educated than surrounding areas in Palm Beach County. See Figures 5, 6, 7, 8, & 9.
Economic Development
Data & Analysis
6 City Council Meeting 12/16/04
Figure 6
City of Palm Beach Gardens
Population Totals
Bureau of Economic and Business Research - 2004
Palm Beach Gardens has experienced steady population growth.
Figure 7
~
Population 25 8 Over With Bachelor's Degree or Higher
45
35
15
10
5
0 -
f
f 1
I
n e
E H
I
I
I
I I
Data Compiled from US Census 2000 - DP 2
Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County
which indicates that the workforce is comprised of professionals.
Economic Development
Data & Analysis
7 City Council Meeting 12/16/04
Figure 8
Distribution of Occupations in Palm Beach Gardens
Government workers
(local, state, or federal)
10.9%
Manufacturing 6%
Agriculture. forest
Production,
transportation and
material moving 5.7%
Construction. extraction,
6 maintenance 4.6%
Mananamant
Fanning, flshing &/
forestry 0.2%
--Service 12.3%
Sales 6 office 30.3%
Source: GCT-P13 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over
Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data
Companies that require sophisticated skill sets would be a proper "fit" for Palm Beach Gardens based on the number of
residents that are currently employed in management and professional level jobs.
Figure 9
Median Age of Population
Palm Boca Boynton Royal Wellington West
Beach Rltm Beach Palm Palm
Gardens Beach Beach
us cmtur 2000 - DP . 1
Data Compiled from US Census 2000 - DP 1
Residents in Palm Beach Gardens are most likely are midway through their employment cycle.
Economic Development
Data & Analysis
8 City Council Meeting 12/16/04
GOVERNMENTAL POLICIES
Other items bearing on successful economic development from a governmental
perspective are growth management policies, the regulatory environment, approval
processes, licensing, taxation, and other items that affect a company's ability to conduct
business, and by extension, its profitability in Palm Beach Gardens.
Dedication of land space to the value-added business sector is critical, especially as the
City approaches build-out. Growth management policies that provide incentives for
nonresidential, value-added land uses, therefore, are an integral component of a
successful economic development strategy.
The City must resist the temptation to convert land space that has been dedicated to non-
retail commercial activities to other uses. See Figures 10 & 17. Additionally, current
vacant land should be examined and perhaps rezoned to allow space for value-added
employers that provide new and sustainable dollars in the local economy. Again, it needs
to be emphasized that the retail component of the business sector does not qualify as a
value-added employer in the City of Palm Beach Gardens by definition, and therefore the
focus should be on land uses that promote the City's objective of value-added employers.
As mentioned earlier, nearly 50% of land space is dedicated to residential and
approximately 80% of ad valorem tax revenues are derived from the residential component
in Palm Beach Gardens. Re-examination of bedroom communities
indicate that people want to be able to live, play, learn, and work within a 15 - 25 minute
commute, thereby raising their own quality of life. These trends can be documented in the
recent phenomena of the number of mixed-use land communities that have been popping
up throughout the United States.
See Figure 10.
Equally as important are addressing infrastructure requirements that may affect economic
growth. These issues include: road networks, public transportation, workforce availability,
education, and a myriad of other issues that enable businesses to remain competitive.
Perhaps the most critical, and not so obvious, is anticipating the trends in technology.
Value-added industries, particularly the scientific community, rely heavily on computers for
running models and for communication. Increasingly, trends are shifting to wireless
technology. As the protocol for wireless communications and related security issues are
refined, the City of Palm Beach Gardens must remain cognizant of the changing trends to
ensure that companies have access to the tools that make them competitive.
Economic Development
Data & Analysis
9 City Council Meeting 12/16/04
Figure 10
~
Future Land Use Within Existing City Boundaries - 2003
Mixed Use 1% r rProfesrionrl Wcr 1%
lndurtrltl2%
public 2%\
~~ ~~
City of Palm Beach Gardens - GIS Division, 2004
Nearly Ya of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very
little available space for value-added employers.
Figure 11
Land Allocation in Palm Beach Gardens - 2004
Live
70%
Note: "P1u.v" element does not mroiint for- gr-cw spice within the
residential or "Live" component.
City of Palm Beach Gardens - GIS Division, 2004
The majority of land space is allocated for residential components in Palm Beach Gardens
Economic Development
Data & Analysis
10 City Council Meeting 12/16/04
The City of Palm Beach Gardens does not currently offer financial incentives to expanding
or relocating companies; therefore, working with the officially sanctioned State and County
economic development organizations that offer financial incentives is paramount. Forming
strategic alliances with Enterprise Florida and the Business Development Board of Palm
Beach County will strengthen the City’s reach to prospects. The City of Palm Beach
Gardens will work with the State Office of Tourism, Trade and Economic Development
(OlTED) when appropriate to facilitate expedited review of qualifying projects.
Additionally, the City of Palm Beach Gardens offers a targeted expedited permitting
prog ra m .
TARGETED EXPEDITED PERMITTING PROGRAM
The Targeted Expedited Permitting Program expedites the planning, zoning, and building
permitting process. The Targeted Expedited Permitting Program is available to companies
that are expanding operations or moving into the City so that value added employment
may be created at a faster pace. Companies must meet specific criteria in order to qualify
for the Targeted Expedited Permitting Program.
The Targeted Expedited Permitting Program provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City’s Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City code or City comprehensive plan
requirements.
Qualifiers for the Targeted Expedited Permitting Program . Companies must fall into specific industry clusters as recommended by the
Economic Development Advisory Board. Industry areas include:
o Aerospace / Engineering
o Medical / Pharmaceutical /
o Business / Financial
RD
Services
o Information Technology
o Education
o Corporate Headquarters
. Companies must create at least fifty (50) new positions in the City of Palm Beach
Gardens within the first two (2) years of operations Of? expand operations as a
result of creating same amount of positions in the past two (2) years OR a
combination of the two.
= Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer.
Value-added employment is defined when the average compensation package of
positions created is at least 10% higher than the current per capita income level in
Palm Beach Gardens. This equates to $47,272 / year as of September 2003.
Economic Development
Data & Analysis
11 City Council Meeting 12/16/04
. Positions must be sustainable for a five (5) year period of time. . Companies must pass the City’s due diligence process to establish solvency and
credibility prior to acceptance into the program. . Due diligence may include a Dun & Bradstreet report. . Due diligence reports must be reviewed by the Economic Development Advisory
Board, City Manager, Economic Development Administrator, and/or Finance
Administrator for the City of Palm Beach Gardens. . Companies must receive an endorsement from the Economic Development
Advisory Board to qualify or qualify for State of Florida or Palm Beach County
economic incentives as administered by the official economic development
agencies. . Company must appoint a Project Manager for communication purposes. . Start date for filling newly created positions will be considered within six (6) months
after company receives a Certificate of Occupancy.
OR . Companies may qualify for Targeted Expedited Permitting Program if the company
is a sanctioned project by the State of Florida or officially sanctioned economic
development organizations (OTTED, Enterprise Florida, or Business Development
Board of Palm Beach County).
BENEFITS OF THE TARGETED EXPEDITED PERMITTING PROGRAM
Companies that have been accepted into the Targeted Expedited Permitting Program shall
receive: . A single Point of Contact for the approval process as appointed by the City Manager
or Economic Development Administrator. . Establishment of necessary steps required for project approval in pre-application
meeting with the Growth Management Department. . Itemized completion timetable. . Priority at every phase of the review process by City staff, including face-to-face
meetings. . Review by City staff conducted within five (5) business days of submission.
Economic Development
Data 8, Analysis
12 City Council Meeting 12/16/04
. If problems are identified, a face-to-face meeting of all concerned parties will be
called within two (2) business days so that a resolution may be found in a timely and
efficient manner.
City-appointed Point of Contact will be kept apprised of all developments regarding
a project by City’s Engineering, Growth Management, and Building Departments in
order to trouble-shoot and keep sanctioned projects on track.
City’s Point of Contact will provide a weekly status report (minimally) to Company’s
Project Manager. . An economic impact report that will be included with the staff reports to the
Planning, Zoning, and Appeals Board and City Council.
SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTORS
South Florida has had the reputation of the perfect vacation spot during the winter months.
This has resulted in a large percentage of seasonal employment options and has
contributed to drastic swings in locally generated tourist dollars. PGA National Resort and
Spa, The Marriot of Palm Beach Gardens, and DoubleTree Hotel all have vast swings in
“tourist” bookings between the winter and the summer months, and therefore employment.
Indeed, many of the local hotels and tourism-related industries (restaurants, marinas, etc.)
offer special packages during “off season” in order to generate business.
Additionally, the estimated number of hotel guests and the associated revenues derived
from the tourism industry have not fully recovered from the aftermath of September 11,
2001. In the Report on Palm Beach County Tourism, Fiscal Year 200212003 prepared by
Profile Marketing Research for the Tourist Development Council of Palm Beach County,
the area is slowly recovering in attracting tourists. See Figure 12.
The City of Palm Beach Gardens can leverage its “destination spot” reputation with the
recent announcement of Scripps-Florida to minimize the fluctuations in seasonal
employment.
Economic Development
Data & Analysis
13 City Council Meeting 12/16/04
Figure 12
"Sianng n fclcal fear 2000 le02 8 par;, s :e 5 g'ea-er .iv ' Lr i.' -t r-td~3 ;c:~.,otec: s greater ti-ar 3 *i?r ja-3 ,W?II
greater llar 10 both 'Yere vecodec 13 ' f rnrtj 5 :e .VJ, yast-r It n 25 - 3r) size 3rd nJi3Lw 'Jf rxv
both reccded 85 masmg data I' xrq we has ;rPvFr tr 3-1 1 -rrl n I~-L~e~ -8'r-oms ?-CJWZ 8taq : aii -r ,ice .aryl
both &ere rec& JS vasrg dat3
manrer IO rh CQ %de bo erwrd turs are :m:rterl
-C~ere~cem?oleigueslsoendirrg'or~ :CC' X-= :2--0 35,- rroar+d - = 1~47 in Fn2[lr):,C relec's'e,~smi*c'~e
1 ACR = Average ra?e per occ& rwm
3 Rm nqhB occu~ied = (I* tdal roam'xclipanc! I - arrm rxr- I cjt's
Report on Palm Beach County Tourism
Fiscal Year 2002/2003 (Oct 2002 - Sept 2003)
Prepared for: Tourist Development Council of Palm Beach County, Inc.
Prepared by: Profie Marketing Research, December 3, 2003
Although tourism is a major source of -new money" in the local economy, data suggests that catastrophic events, such as
9-1 1, can have a significant impact.
SMALL BUSINESS ENTERPRISES
The City of Palm Beach Gardens values its small business enterprises and understands
that much of the character of the City is dependant on the uniqueness and customer
service that is provided by small business. It also recognizes the important contribution
that small business plays in expanding the workforce. Both the North Palm Beach County
Chamber of Commerce and the PGA Corridor Association play a vital role in representing
and assisting the small businesses in the City; as a result, the City has developed strategic
alliances with both groups.
Economic Development
Data & Analysis
14 City Council Meeting 12/16/04
PUBLIC EDUCATION
The State of Florida lags behind in the field of educational excellence when benchmarked
against other states. Although a child can receive an excellent education in Florida, much
needs to be done to raise the standards for all children. Education is one of the most
important factors that a relocating company wants addressed. Whether it is for employees'
children, continuing education for the employees themselves, or for the area's workforce at
large, educational opportunities are a critical element in the private sector.
Results of the FCAT- 2002/2003 indicate that the City of Palm Beach Gardens needs to
take an active role in trying to raise the educational standards of the City's youth. An
analysis of area school scores indicates that area students are not competitive in today's
world. See Figure 73. Average SAT scores of high schools students located with Palm
Beach Gardens are in the low 1,000 range which, when compared to the average SAT
scores for Florida universities, are not competitive. See Figures 74 & 75. Additionally,
graduates are only "somewhat qualified" to attain entrance into universities across the
United States in regards to SAT scores. See Figure 76. When compared to SAT entrance
requirements for the top ten universities in the United States, the average high school
graduate in Palm Beach Gardens would not be considered for admission. See Figure 7 7.
Figure 13
FCAT Results in Palm Beach Gardens Schools
FCAT Results 2003 & 2004
PBG High
WB Duncan Middle
HL Watkin Middle
Timber Trace Elementary
PBG Elementary
Lake Park Elementary
Grove Park Elementary
Eisenhower Elementary
i
I 1
Allamanda Elementary
__ - I I D C B A
L
2003
0 2004
i 1
Florida School Grades: Accountability Report - Florida Department of Education
FCA T Scores indicate there is room for improvement in public schools.
Economic Development
Data & Analysis
IS City Council Meeting 12/16/04
Figure 14
Scholastic Assessment Test (SAT)
~ ~~~
Number Percent of 12th Mean
School Name Tested Graders Tested Score
PALM BEACH GARDENS HIGH
SCHOOL 2002-2003 26 1 60.8 1015
2002-2003 256 55.7 1014
Florida School Indicators Report, Florida Department of Education 2003
Mean SAT scores in 2002-2003 of public high school students in Palm Beach Gardens.
Figure 15
Sample of Florida Universities
SAT Scores for Admission
Barry University 880 - 1080
Eckerd College 1020 - 1250
900- 1110 Florida A & M University
Florida Atlantic University 930- 1130
910- 1110
Florida International University 960 - 1140
Florida State University 1040 - 1240
Jacksonville University 940-1170
New College of Florida 1230 - 1410
University of Central Florida 1030 - 1230
University of Florida 1130 - 1340
University of Miami 1160 - 1320
1000 - 1190
950 - 1150
990 - 1190
Florida Gulf Coast University
University of North Florida
University of West Florida
University of South Florida
Data Source: College Board. com, Side-by-Side Comparisons - 2003
Median SAT scores at the two local high schools indicate that approximately X of the graduates would not
meet minimum SAT requirements for six of the major universities in the State of Florida.
Economic Development
Data & Analysis
16 City Council Meeting 12/16/04
Figure 16
Who is Prepared for College?
I. Harvard University
3. Yale University
Princeton University
Massachusetts Institute of Technolog jt
5. Duke University
California Institute of Technology
Stanford University
University of Pennsylvania
9. Dartmouth College
Washington University in St. Louis
~ ~ ~
jtudents were classified in two-stage process. The initial classification was determined as follows:
1400-1570
1380 - 1560
1370- 1560
1420-1560
1320 - 1510
1470 - 1580
1350 - 1540
1330 - 1500
1330 - 1520
1310 - 1480
Very highly qualified: those whose highest value on any of the five criteria would put them among the top 10
percent of 4-year cdlege students (specifically the NELS 1992 graduating seniors who enrolled in 4-year
colleges and universities) for that criterion. Minimum values were GPA=3.7, class rank percentile%, NELS test
percentile=97, combined SAT=1250, composite ACT=28.
Highly qualified: those whose highest value on any of the five criteria would put them among the top 25 percent
of 4-year college students (but not the top 10 percent) for that criterion. Minimum values were GPA=3.6, class
rank percentile=89, NELS test percentile=90, combined SAT=l 1 10, composite ACT=25.
Somewhat qualified: those whose highest value on any of the five criteria would put them among the top 50
percent (but not the top 25 percent, i.e., in the second quartile) of 4-year college students for that criterion.
Minimum values were GPA=3.2, class rank percentile=75, NELS test percentile=76, combined SAT=960,
composite ACT=22.
Minimally qualified: those whose highest value on any of the five criteria would put them among the top 75
percent (but not the top 50 percent, i.e., in the third quartile) of 4-year college students for that criterion
Minimum values were GPA=2.7, class rank percentile=%, NELS test percentile=%, combined SAT=820.
composite ACT=19.
Marginally or nd qualified: those who had no value on any criterion that would put them among the top 7:
percent of 4-year college students (Le., all values were in the lowest quartile). In addition, those in vocationa
programs (according to their high school transcript) were classified as not college qualified.
Economic Development
Data & Analysis
17 City Council Meeting 12/16/04
Palm Beach Gardens’ high school students enrolled in public schools fail to meet the
national average on SAT scores, too. The College Board reported that the average math
SAT score reached a 36-year high in 2003 with the average cumulative SAT score in the
U.S. being 1,026. Source: CNN.com/2003EDUCA TlON/08/26sat.scores.ap
QUALITY OF LIFE BALANCE
Quality of life issues weigh heavily into recruiting a company to a specific geographic
region. As mentioned earlier, trends are shifting away from bedroom communities as
people desire to live, play, learn, and work within a 15-25 minute commute. People, simply
put, are weary of the stress that is induced by a long commute to and from work.
Therefore, in optimal circumstances, planners and economic development professionals
would consider all four critical elements in designing a sustainable community.
The City of Palm Beach Gardens is in the enviable position to create a sustainable
community that upholds the principles of live, play, learn, and work in a science and
technology community. See Figure 18. The City has adopted a vision statement and
philosophy that integrates sound economics and the cluster approach of economic
development with quality-of-life issues that attracted The Scripps Research Institute to
Palm Beach County.
The City has adopted the following vision statement and philosophy:
To create a scientific village that combines the physical infrastructure and
community support systems necessary to facilitate the exchange of intellectual
knowledge and enable the efficient transfer of scientific theory to marketplace, while
fostering strong community and family relationships to achieve a balanced quality of
life.
Analysis of critical growth management principles benchmarked against other
internationally known scientific parks indicate that the City of Palm Beach Gardens can
truly build a scientific village unlike any known in the world today. Building on the
successes of other parks and addressing the elements that are lacking, the Gardens may
incorporate lessons learned and be the international leader in scientific and research
parks. See Figure 78.
Taking the larger view of the project, the entire spectrum of live, learn, work, and play may
be addressed in the City’s model. Understanding the interrelationship between social (live
and play) and economic (learn and work) structures is paramount for quality of life issues
as related to the business and residential community. Sound planning and building an
entire village centered on the adopted “philosophy” enhances the economic opportunities
for the City and integrity of the scientific community as a whole. Straying from the
philosophy will diminish the project and not capture the bio-tech cluster as envisioned by
economic development professionals and officials from The Scripps Research Institute
during the recruitment process.
Economic Development
Data & Analysis
18 City Council Meeting 12/16/04
d 8
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v1 5
U 9
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C 2
c 2
t 3
-
4
p
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C 2
c 2
3
.z; ::
0 j
The City of Palm Beach Gardens has adopted strict guidelines to preserve open space.
All residential development must provide approximately 35% of land space as open space.
This, too, has a huge impact on quality of life for our residents. See Figure 19.
Figure 19
Land Density of Municipalities in PBC - PeoplelAcre
id :a
City of Palm Beach Gardens - GIS Department, 2004
Reflecting one of the core values, Palm Beach Gardens enjoys open space within municipal boundaries.
Not only does the City of Palm Beach Gardens seek to recruit and/or expand employers
with a median salary of $47,272, but also develop strategies to create an environment that
combines the live, play, learn, and work components in land development. It is only
through carefully balancing these solid growth management principles with economic
diversification that the City will shift from a traditional bedroom community to a sustainable
municipality.
Economic Development
Data & Analysis
21 City Council Meeting 1211 6/04
I
-4. Na no833 ‘CTY d OF PALM BEACH GARDENq.
NOTICE OF IC HEARING PROPOSED PREHENSIVE
WD USE PLAN AMENDMENT
Ul mmbm dtha public are invited to atiund and participats in said
wblk hearing. All documents pertaining to said Ordinance may b
n@ by the public in the Growth Management wrhnenl
pcuiad at fho Municipal Building during regdlar Lsiw
mum, Manday through a.m. - 5:W p.4, wt for wi.
PLEASE TAKE NOTICE AND BE ADVISED that if any in
wishes to appscrl any decision made by the City Cou
to any matkr consided at this public kying, intemtet
enwm that a vwbatim record is made, including he tebtimoriy anc
wideme upon which the appeal is to be based.
In adnce with the Americans with Disdbilier Act and Sedi~r
286.26, Fb+ with disabilities needing ’
accommodations rticipbte in his proceedi
& to he pwision of certqin asgIstancu at no cost. plea- ca
id. For heorihg impaim
Iha bty CIerKs 0ffice:at 561 - 2 IK, later than 5 cb vi0
the hearing if his auista
auirtbnce, phose calllhe Florida Rday Servii Numbers: 800.955
8771 00) or 800-955-8770 (VOICE).
Patricia Snider, City Clark
Publication k. Wednesday, December 1,2004
=<
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 9,2005
Meeting Date: January 5,2006
Ordinance 2,2006
SubjectlAgenda Item:
First Reading of Ordinance 2, 2006 - Award of a seven-year exclusive franchise agreement with
Waste Management, Inc. for Solid Waste, Recycling, and Vegetative Waste Collection Services
[XI Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
City Attorney
Submitted by:
Jack Doughney,
Departme
Apg+-
City ana
Originating Dept.:
Community Services
Michael Morrow
Operations Director
Community Services
Advertised:
Date:
Paper: Palm Beach Post
[ ] Not Required
Affected parties
[ ] Notified
L
[ x ] Not required
Costs: $ 1,099,927.68
(Total)
$ 1,099,927.68
(Current)
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
001-0900-51 9.3440
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 2,2006
Bid Tabulation
Waste Management,
Inc. Annual Cost
Analysis
RFQI Bid
Documentation
[ ]None
Date Prepared: November 9,2005
Meeting Date: January 5,2006
Ordinance 2,2006
BACKGROUND:
On February 17, 2000, the City Council adopted Ordinance 1, 2000 granting a franchise for Solid Waste,
Recycling, and Vegetative Waste Services for the City to Waste Management, Inc. Ordinance 1, 2000
granted the franchise for a five (5) year period with a renewal clause by mutual agreement for an additional
five (5) year period if desired.
On February 17, 2005, the City Council approved Resolution 31, 2005 providing a six (6) month extension of
the existing agreement for a period not to exceed six (6) months from March 31, 2005 to allow for additional
negotiations. The extended agreement expires on September 30, 2005.The agreement was extended a
second time on August 18,2005, under Resolution 129,2005 for another six (6) months until March 31,2006
after a request for withdrawal from negotiations was received from Waste Management, Inc.
The City issued a Request for Qualifications and Bid for Solid Waste and Recycling Collection Services on
September 11, 2005. All services provided in the proposed agreement are the same as the existing
agreement (Le., Manual collection of residential solid waste and recycling, mechanical collection of vegetation,
etc.). The pre-qualification packages for four prospective bidders were opened on November 4, 2005 which
were all deemed qualified by the City’s Selection Committee. The unit price bid package was opened on
November 10, 2005 for the pre-qualified bidders, and Waste Management, Inc. was determined to be the
most responsible bidder by the Selection Committee based on qualifications and cost.
The proposed agreement is for a seven (7) year period beginning April 1,2006. This proposed agreement is
intended to be performance based to assure a quality level of collection services. This allows for the City to
levy charges in the event that the contractor does not meet negotiated thresholds as specified in the
agreement. The City may deduct charges from payments made to the contractor on a monthly basis until their
requirements are met. Additionally, the proposed agreement provides for annual adjustments at 80% of CPI
based on the West Palm Beach area.
Other highlights of this proposed agreement include provision of extraordinary rate adjustment for fuel and
other matters on the basis of extraordinary and unusual changes in the cost of operations that could not
reasonably be foreseen by the contractor. Furthermore, the contractor shall not file for an extraordinary rate
adjustment more than once every twelve (1 2) months, and no rate change will be granted in the last year of
the agreement.
The proposed agreement also provides roll-off service up to 20 cubic yards with 10 collections at no charge to
the City, and provides increased services to municipal facilities at no cost. Residential solid waste, vegetation
and recycling collection service will remain the same method as in the existing collection agreement. In
addition, the contractor will reimburse the City for printing costs as they relate to solid waste, recycling and
vegetative waste services as public information.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 2, 2006 granting a seven-year exclusive franchise to Waste
Management, Inc. for Solid Waste, Recycling, and Vegetative Waste Collection Services.
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ORDINANCE 2,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING AN EXCLUSIVE SOLID
WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICES FRANCHISE TO WASTE MANAGEMENT, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11 , 2005, the City issued a Request for Qualifications
and Bid for Solid Waste and Recycling Collection Services; and
WHEREAS, Waste Management, Inc. was determined to be the most responsible,
responsive bidder based on qualifications and cost; and
WHEREAS, the parties desire to enter into a seven (7) year exclusive Franchise
Agreement, which is attached hereto as Exhibit “A” and by this reference made a part
hereof; and
WHEREAS, this Ordinance has been posted publicly for a period of thirty (30) days
pursuant to the provisions of Section 18-5 of the Charter of the City of Palm Beach
Gardens; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The City Council of the City of Palm Beach Gardens hereby grants to
Waste Management, Inc. a seven (7) year exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise and authorizes the Mayor and City Clerk to execute the
Franchise Agreement on behalf of the City.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
Date Prepared: November 9,2005
Date Prepared: November 9,2005
Ordinance 2, 2006
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PASS ED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney d
\\PbgsfileWttorneyWtorney-share\ORDlNANCESkolid waste 2005 -ord 2 2006.doc
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Waste Management, Inc.
Approved Contractor Rate Schedule
Annual Cost Review
I 1 101115-313116
1
1 .
2 .
3 .
4 .
TERM ............................................................................................................................ 6
DEFINITIONS .............................................................................................................. 6
SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 . Conditions and Frequency of Service .................................................. 11
Curbside Residential Vegetative Waste Collection Services .......................... 12
1 .
Curbside Residential Recycling Collection Service ........................................ 12
1 . Conditions and Frequency of Service .................................................. 12
2 . Recycling Containers ............................................................................ 13
Container Residential Solid Waste Collection Service ................................... 13
1 . Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
1 . Conditions and Frequency of Service .................................................. 14
Commercial Solid Waste Collection Service .................................................. 14
1 .
2 .
a) .
Conditions and Frequency of Service .................................................. 12
Conditions and Frequency of Service .................................................. 14
Level, Type, and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
Commercial Recycling Collection Service ...................................................... 16
1 . Conditions and Frequency of Service .................................................. 16
2 . Level. Type, and Disclosure of Rates for Commercial Recycling
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
1 . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
2
5 .
6 .
7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15 .
16 .
17 .
18 .
19 .
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 19
Recycling Containers for Residential Dwelling Units .................................... 19
Materials Recycling Facility ............................................................................ 20
Change in Scope of Recycling Collection Service .......................................... 20
CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
A . Solid Waste and Recycling Collection Services ............................................. 20
B .
C . Solid Waste Disposal Costs ............................................................................. 21
D . Extraordinary Rate Adjustment ....................................................................... 22
E . Extraordinary Rate Adjustment Fuel ............................................................... 22
F . Annual Rate Adjustment .................................................................................. 22
G . Contract Service Fee ........................................................................................ 22
City’s Obligation - Billing. Collection. Payments .......................................... 20
HOLIDAYS ................................................................................................................. 23
SPECIAL SERVICES ................................................................................................. 23
PUBLIC AWARENESS PROGRAM ........................................................................ 23
MANNER OF COLLECTION ................................................................................... 23
PERSONNEL OF THE CONTRACTOR .................................................................. 24
SPILLAGE .................................................................................................................. 24
SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
COLLECTION EQUIPMENT ................................................................................... 25
SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
OFFICE AND EQUIPMENT YARD ........................................................................ 25
COMPLAINTS ............................................................................................................ 26
QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
NATURAL DISASTERS ........................................................................................... 28
UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 .
2 1 .
22 .
PERMITS AND LICENSES ...................................................................................... 29
PERFORMANCE BOND ........................................................................................... 29
EMPLOYEE WAGES AND BENEFITS .................................................................. 29
23 . INSURANCE .............................................................................................................. 29
Workers’ Compensation Insurance ................................................................. 30
Liability Insurance ........................................................................................... 30
A .
B .
24 . INDEMNIFICATION ................................................................................................. 30
25 . ACCESS AND AUDITS ............................................................................................ 30
26 . POINT OF CONTACT ............................................................................................... 30
27 . NOTICE ....................................................................................................................... 30
2 8 . DEFAULT OF CONTRACT ...................................................................................... 31
29 . PUBLIC WELFARE ................................................................................................... 32
30 .
3 1 .
32 .
33 .
RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
TITLE TO WASTE ..................................................................................................... 33
GOVERNING LAW AND VENUE .......................................................................... 33
COMPLIANCE WITH LAWS ................................................................................... 33
. ........................................................................................................ 34 SEVERABILITY 33
35 . ASSIGNMENT AND SUBLETTING ....................................................................... 33
36 . MODIFICATION ....................................................................................................... 34
37 . INDEPENDENCE OF AGREEMENT ...................................................................... 34
38 . ANNEXATIONS ........................................................................................................ 34
39 . CHANGE OF LAW .................................................................................................... 34
40 . OTHER RATE ADJUSTMENTS .............................................................................. 34
4
41 .
42 .
43 .
44 .
45 .
46 .
PUBLIC ENTITY CRIMES ....................................................................................... 34
SUBSTANTIAL COMPLIANCE .............................................................................. 34
COMMUNITY SERVICE .......................................................................................... 34
CONTRACT PREPARATION .................................................................................. 34
FISCAL FUNDING .................................................................................................... 35
COMPETITIVE EQUALITY ..................................................................................... 35
I
I1
I11
IV
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Annual Financial Reporting Format ......................................................... VI-VI1
Performance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Collection Preparation and Implementation Plan ......................................... x111
Non-Assessed Residential Disposal Compensation Procedure ................. x-x11
5
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of ,2005,
between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the State of Florida, whch municipality is wholly located with the boundaries of Palm Beach County, Florida
(hereinafter referred to as TITY") and WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Contractor").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained herein, the parties agree as follows:
1. TERM:
This Agreement shall be for the period of seven (7) years commencing on April 1,2006, and expiring March
30, 2012. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify the Contractor within twelve (12) months in
advance of the natural expiration date of hs Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(s).
2. DEFINITIONS:
To the extent the definitions contained herein conflict with similar definitions contained in any federal, state, or
local law, the definitions herein shall prevail. However, nothmg contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to federal, state, or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste
resulting ffom the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.
C. Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, smks, bicycles, and other similar
domestic appliances, household goods, and hiture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item of Bulk Trash.
D. Collection shall mean the process whereby solid waste, including, but not limited to, Garbage, Trash,
Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated
Facility.
E. Collection Route shall mean a fixed or customary course of travel assigned to a crew and scheduling
the order of stops ffom one point to another covering a defined area of temtory.
F. Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection service.
b
G. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor from customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the Service Area. Such service includes both Containers and Compactors, but does not include
Roll-off Collection Services.
J. Compactor shall mean any container, whch has compaction mechanism(s), whether stationary or
mobile, all inclusive.
K. Construction and Demolition Debris (C&D) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a de minimis amount of waste
other than C&D from the construction site will not automatically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a truck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach County.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. Thls service shall be considered a
commercial service account for billing purposes which the Contractor shall invoice monthly.
N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
0. Contract shall mean th~s Agreement executed between the City and the Contractor for the
performance of the services as provided in this Agreement.
P. Contractor shall mean that person or entity set out initially above that has entered into th~s
Agreement to provide the services described herein for the Service Area.
Q. Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the administration and supervision of this Agreement during its term.
R. County shall mean Palm Beach County, Florida.
S. Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
7
designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority’s
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
T.
U. Department shall mean the Florida Department of Environmental Protection.
V. Disposal Costs shall mean the “tipping fees” and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during this Agreement.
Z. Garbage shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and
table food waste, animal, vegetable, food, or any organic waste that is attendant with or results from
the storage, preparation, cooking, or handling of food materials, whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with Garbage in the same
collection. Garbage shall not include any material that falls within the definition of Special Waste.
AA. Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when fill do not exceed 50 pounds in total weight or 45 gallons in size.
BB. Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any
fiture legislative action or by federal, state, or local law.
CC. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this definition, the Hotel or Motel must be licensed to operate as such. “Transient” has the
meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law.
DD. Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, and/or
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Ahstrator.
EE. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk
mail, notebook paper, and any other clean paper products.
FF. Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
GG. Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean information
concerning level of service and changes in scope of service.
8
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Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City and the Contractor, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry into
the remaining solid waste stream.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris
material per collection.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service and/or Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Service Area,
limited to new construction sites and remodeling or refurbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at horticultural or agncultural
nurseries, but only when the customer chooses to use roll-off containers for horticultural or
agricultural waste, and horticultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
Service Area shall mean the area withm the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
abstered.
Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar characteristics or effects.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit I, attached hereto and by thls reference incorporated
herein.
9
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Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Administrator to be reasonably unmanageable.
Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping and to the operation of stores, offices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, whch results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
Universal Container shall mean and include any waste or recycling storage receptacle made of heavy
-duty plastic material and generally sized in 35, 65, 95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehicle body.
Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and
similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Tree limbs
and trunks shall be limited to ten (10) inches or less in diameter. Vegetative Waste, except palm
fronds, must be no more than six (6) feet in length, and no single item shall weigh more than 50
pounds and shall be placed in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of payments for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, whch shall be
an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
10
No other person or entity except the Contractor may offer or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area.
If the Contractor becomes aware of an entity violating the provisions of thls Section, the Contractor should provide
information of the violations to the Contract Administrator. Upon review of the information and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Contractor based upon the terms of thls Agreement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired
during the term of the Agreement. These services shall be provided at no charge to the City, to include provision of
Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (10) roll-off pulls per month without limit to size of the roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipment, buildings, trucks, vehicles, a radio compatible with City systems to the City with
all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
items necessary to maintain the highest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered fiom the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside, as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occur only on permitted holidays or in the case
of a City-declared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
11
assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor.
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve any disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately,
in a non-compacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage
can. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor may collect
commingled material and shall assume responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
There shall be no weight limit for any Bulk Trash item.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of payments from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small items, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sued and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (10) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as further discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Curbside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
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C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments from Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and I or paper bags, and shall be placed within six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be left in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
size and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit I, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments from Container
Residential customers for this collection service. The frequency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The size of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
13
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phone number, and cubic yard size of the Container.
E. Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, often an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (1) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible
14
location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers from any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
2. Level Type and Disclosure of Rates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
term shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the parties to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE” to be charged within the
approved rate limits contained in Exhibit I. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of ths Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The customer may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
15
SPECIAL SERVICES
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES’
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained from the Contractor or Contract Administrator.
RATES FOR SERVICE
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES’ statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
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G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers from any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and size of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, size of the Container, and number of pick-ups per week and the “TOTAL RATE” to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services, the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
I. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation after the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
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3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor’s crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor’s
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a corner lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the Contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
I. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments from the City to the Contractor
will be done and paid no later than the tenth (10~) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which may be modified
from time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
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by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit I,
as determined by the Contract Administrator.
J. Method of Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container.
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to non-residential customers if in
hidher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Administrator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. In the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute to the disposal site where it is in the interest of the general
public to do so because of the condition of the streets or bridges. The Contractor shall not
interrupt the regular schedule or quality of service because of street closures of less than eight (8)
hours in duration. The City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be increased by the influx of visitors. This additional load will not be
justification for the Contractor to fail to maintain the required collection schedules and routes.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacement Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customers within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the
Contractor pursuant to thls Agreement shall be based on the rates established in Exhibit I, and as may
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraordinary Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by thls Agreement, shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with generally-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by this reference incorporated herein, as
may be Mer revised by the Contract Administrator from time to time. The quarterly franchise fee
payment shall accompany thls report.
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Within one hundred twenty (120) days after the end of the Contractor’s fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by hs reference
incorporated herein, as may be Mer revised by the Contract Admmistrator from time to time, an
Audited Financial Statement including, at a minimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor’s books and records in accordance with generally-accepted
auditing and accounting principles and standards, whch include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
generally-accepted accounting principles.
B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the City’s mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to hs Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments from the City to the
Contractor will be due and paid no later than the tenth (lo”) day of the month following the
month during which services were rendered.
On or before April 1, and before commencement of work by the Contractor under the terms of
this Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of tlus Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City’s Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor’s monthly
payment. Payment will commence the first day of the month following the issuance of a
certificate of occupancy (“CO’). The payments fiom the City to the Contractor for units added
by CO are paid no later than the tenth (10”) day of the month. After the first year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year’s total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued COS since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator within ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Adrmnistrator
will verify the customer address and that service to the unit is proper within thirty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Ahstrator. Upon determination of any overpayment, the Contract Administrator
will verify the error and make appropriate adjustment to the Contractor’s payment to correct the
error.
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C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to thls
Agreement. The Contractor's payments for collection are set out in Exhibit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated from Residential and
Commercial Collection Service costs as shown in Exlubit I. Residential disposal costs will be part of
the special assessment billed by the Solid Waste Authority of Palm Beach County (Authority) except
as otherwise provided in thls Agreement. The Contractor will be given a disposal credit for each
residential unit as calculated by the Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority for all solid waste disposal costs incurred for disposing of all
solid waste at the Authority's Disposal Facilities, except for the portion of disposal costs, which have
been separately credited by the City. The City accepts no responsibility or financial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of thls Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
this reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding fuel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such further information as may be reasonably necessary in making its
determination. The Contractor shall submit for an extraordinary rate adjustment withm twelve (12)
months of the event(s) necessitating the adjustment, but not before January 3 1 or later than March 3 1
of any calendar year. The City shall approve or deny the request, in whole or in part, within sixty (60)
days of receipt of the request and all other additional information required by the City. The Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjustment in accordance with the Agreement. No change in rates, as provided by this
Agreement, shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October 1, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordmary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, whch
could not reasonably be foreseen by a prudent operator. Contractor shall submit, to the City Finance
Ahstrator, a fuel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereafter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fuel surcharge invoice or credit for fuel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for fuel purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
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The City will review the request and supporting documentation. Additional information may be
requested by the City to further support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April 1, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit I of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Roll-off Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of adrmnistration, supervision, and
inspection rendered for the effective performance of thls Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under thls Agreement shall be deducted from the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent (1 5%) of the monies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain ofice hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day.
The Contractor shall not be required to maintain ofice hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Chnstmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehcle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhlbit I. If the Resident
requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhlbit I; such charges shall then be established through
negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Contract Ahstrator shall determine the cost. Any special service(s)
negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of thls agreement to the Contract Ahstrator within five
(5) days of the execution of the agreement.
8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Program to inform residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program, whch shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distribution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
23
promotional materials. However, the City's contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information to the residential participants on a periodic
basis. The Contractor Mer agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
relmbursing the City for its commercial printing costs for printed informational materials regarding the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor's marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a minimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a driveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the Contractor will be repaired or replaced by the Contractor withm forty-eight (48)
hours at no cost to the customer, unless otherwise provided within thls Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will immediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR:
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the name(s) and office and cellular telephone numbers of the person(s) to
the Contract Administrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B. The Contractor's solid waste collection employees and workers shall wear a uniform or slwt bearing
the Contractor's name during operations in the City.
C. Each driver of a collection vehcle shall at all times carry a valid Florida driver's license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner.
F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City's system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified within this Agreement or some other period as approved by the Contract Administrator.
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The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing sufficient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the full disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the
contractual duties specified in this Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Adminutrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection equipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all
times. Recycling Materials collection equipment shall be dual-compartment equipment (one compartment for
paper products and one compartment for other Recyclable Material), separate trucks or other equipment that
meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not
exceed fifty (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops.
All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No
advertising shall be permitted on vehicles, except of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in this
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on while the vehicle is in collection mode.
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14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in thrs Section are not regulated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict compliance with all federal, state, and local laws and regulations.
15. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach or Martin
County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:00 a.m. to 5:OO p.m., Monday through Friday. The Contractor shall provide a
fax machine and/or computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machme during non-ofice hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles from the City, for the City to reach during all non-ofice
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations re uiring immediate attention. The Contractor’s Equipment Yard and ofice are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real property location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
9,
16. COMPLAINTS: Any complaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved within twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day.
When the Contract Administrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Ahstrator shall be notified immediately of the reasons for the delay. If the Contract Adrmnistrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor’s employees, agents, or sub-contractors. Any damage shall be repaired within seven (7)
business days with written disposition submitted to the City wih five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (lo*) day of each month for the preceding month. The record shall indicate
the day and hour on whch the complaint was received and the day and hour on which it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Ahstrator. Legitimacy of challenged
complaints shall be determined by the Contract Administrator, and hisher decision shall be final.
It is recognized that disputes may arise between the City and the Contractor with regard to the collection of
certain items due to disputes over the specific language of the Agreement. The Contract Administrator may
from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to
remove the refbe withm twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted from compensation due the Contractor. Thrs action taken by the City
shall not be deemed a breach of thls Agreement; the parties understand that the City has the unilateral right to
set off such amounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
the amount deducted shall be given to the Contractor. If the City or designee determines that disputed refbe
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
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17. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Administrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer informational requests or Recycling Container requests. A complaint
not resolved within twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers wib the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy $100.00 per incident ahstrative charges for those actions related to service as
listed within this Agreement. These ahstrative charges shall be in addition to other adrmnistrative charges
levied by the Contract Admmistrator. There will be a $1,000 ahstrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Monthly Limit ("36) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3.00%
1 .OO%
2.00%
0.50%
6.50%
The Contract Administrator may also levy administrative charges for all other infractions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
Commingling Solid Waste with Vegetative Waste and/or Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain office hours as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate manner such as listed in A below
Damaged Container or Recycling Container not replaced withm forty-eight (48) hours.
Failure to clean spillage.
Failure to repair damage to customer property withm seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, sue not displayed on equipment, Containers, or
subcontractor's equipment.
Not providing current schedule and route maps as required.
Traffic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (IO"' day of the following month) in a format determined by the City, for the
purpose of tracking and verifying generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
27
W.
X.
Failure to replace or provide containers or Recycling Containers withm five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contract Administrator shall assess administrative charges for the following, as set forth herein:
0
0
0
Changing collection routes or schedules without proper notification will result in a $1,000.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, $1,000.00 fine
2. Second offense, $2,500.00 fine
3. md offense, immediate Termination of Agreement.
0
0
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
1. In addition to any other requirements of this Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(10') day of the following month. At a minimum, the Contractor shall submit the following by the
tenth ( 10') of the month:
0 Customer complaint log
Commercial customer service list
0 Tonnagereports
Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year this Agreement is in effect, the Contractor shall ensure and
certify to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, dnvers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report withm five (5) worhg days of the required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an admmstrative fine as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of th~s Section, the Contract Ahstrator may deduct any charges from payments due or to
become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in writing of the ahstrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, withm five (5) days after receiving such monthly notice,
request in writing to the Contract Administrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to the Contractor's claims, and
the decision of the City will be final.
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18. NATURAL DISASTERS: In the event of a hurricane, tomado, major storm or other natural disaster, the
Contract Adrmnistrator may grant the Contractor a variance from regular Collection Routes and Schedules. As
soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, normal collection routes and schedules shall resume.
The Contract Administrator or designee shall make an effort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide storm debris removal services by the Contract Administrator, the Contractor’s clean-up activities from
some natural disasters may require that the Contractor he additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor
shall receive compensation above the normal compensation contained in this Agreement to cover the costs to at
least include rental equipment, additional personnel, overtime hours, and other documented expenses, provided
the Contractor has first secured written authorization and approval from the Contract Abstrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Ahstrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s current disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Abstrator for review and approval. %s plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a natural disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency’s approval. The Contractor shall update hs natural disaster
plan each year of the term of the Agreement for the Contract Administrator’s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto Mer understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in thls Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in
default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, withm a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain the same in fill force and effect. Any change of the licenses or
permits shall be reported to the City within ten (10) working days of the change. By award of this Agreement,
the City grants a Roll-off Collection Permit, whch must be signed by the Contractor. Annual permit fees are
waived.
21. PERFORMANCE BOND: The Contractor shall furnish to the City a performance bond executed by a surety
company licensed to do business in the State of Florida andor a clean irrevocable letter of credit issued by a
bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhlbit IV, attached hereto and by
this reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The form of this bond or letter of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Ahstrator and shall be maintained
during the term of ths Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thirty (30) days' written notice has been given to the City. Current performance bond
evidencing required coverage must be on file at all times.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice
to the City.
A. Workers' Compensation Insurance: Workers' Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount not
less than $100,000.00 per each accident, $100,000.00 by disease, and $500,000.00 aggregate by
disease.
B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions
hereof, maintain in full force and effect a commercial general liability insurance policy and
automobile liability insurance policy, whch specifically covers all exposures incident to the
Contractor's operations under this Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit
for personal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for Premises/Operations, Products/Completed
Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or
excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection furnished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willful acts, and wronghl acts or omission of the Contractor or its employees,
which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
which are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate separate
financial and operating records for the Service Area of the Solid Waste Collection andor Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of this
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the financial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, which include tests and other procedures necessary, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, dormation regarding the Statement of Income and
Expenses in the format shown in Exhibit I11 and shall be delivered to the City with one hundred twenty (120)
days of the twelve (1 2) month period ending the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Administrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 48'h Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effective when received at the address as specified above. Changes in the respective address to
which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmissions received (Le., printed) after 5:OO
p.m. or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel tlus Agreement, except as otherwise provided below in this Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafter provided, upon the
happening of any one of the following events, whch will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or hture insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seelung its reorganization or the readjustment of its indebtedness under the Federal
bankruptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in whch case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or governmental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions,
or covenants in this Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the
Contract Adrmnistrator relative thereto, whether such default is considered minor or major, and
said default is not cured within thirty (30) days of receipt of written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied within thuty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said thuty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within thuty [30] days, and [b] that it is proceeding with diligence to cure said default, and
such default will be cured withm a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled worlung days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6*) working day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perform pursuant to thls
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thirty (30) worlung days, all liability of the City under this Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under thls Section, in the event that the Contractor's record of performance shows that the
Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor final
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (1 5*) consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any and all charges and interest shall be payable to said
date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any further performance under hs Agreement.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City’s written notice to the Contractor and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under this Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be free to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and terms and conditions on the Contractor under thls Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement
between the City and the Contractor for any additional services or other obligations required of the Contractor
due to any modification in the Agreement under this Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself
31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Adrmnistrator. The City shall, at all
times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization from the Contract
Adrmnistrator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted accordmg to the laws of Florida. Th~s Agreement shall not be construed against
the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of thls Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if
the Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from
being void should a provision which is of the essence of the Agreement be determined to be void.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement,
with prior City approval, whch may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities
of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor’s
equipment shall be equipped with signs on both sides identifymg them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be
permitted under the terms of this Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor without the express written consent of the
City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the
date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call
the performance bond and shall be free to negotiate with other contractors or any other person or company for
the service of the Contract Service area whch is the subject of this Agreement. In the event of any assignment,
assignee shall filly assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contractor. The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs and/or other damages incurred to mitigate potential tangible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothmg herein contained is intended
or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 17 1.062, Florida Statutes, as amended, or
its successor.
39. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the fiture, whether federal, state, or local, which mandate certain actions or program for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for thls Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase, either of whch are attributed to the Contractor
accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. Tlus section shall not be
interpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of
General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are
disqualified from public contracting and purchasing process because they have been found guilty of a public
entity crime. The Contractor is required to comply with Section 287.133, Florida Statutes, as amended, or its
successor.
42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the
customer, provided the materials are prepared and placed within substantial compliance with the guidelines as
set forth herein. The Contract Administrator shall determine any dispute as to the standards of substantial
compliance.
43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City functions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
44. CONTRACT PREPARATION: Prior to the commencement of the term of thls Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fine and collect $10,000.00 for each task
deadline missed. Appeal of any fines pursuant to th~s Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within hty (30) days of receipt of an invoice for the fines. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
45. FISCAL FUNDING: The terms of this Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
46. The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written .
City'of Palm Beach Gardens
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
Contractor:
Attest:
Waste Management Inc. of Florida Inc.
(Seal)
1.
2.
36
I
EXHIBIT I
Approved Contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
Total 6.2 1
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
written agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City-owned, -rented, or -leased
properties at no cost to the City.
(4) Annually, the above collection rates for the current year will be adjusted by 80% of the Consumer Price
Index (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 lbdcubic
yard times the Authority’s tipping fee ($/ton) times 1 tod2000 Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 lbdcubic yard times the Authority’s tipping fee ($/ton) times 1
tod2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal, and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unllkely event the Authority charges a tipping fee for Recyclable Material, the Contract Ahstrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
EXHIBIT I
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERM OF AGREEMENT)
Service Rate per Service
Rolling Out Commercial Universal Container, with 20 or
more feet per direction
$ 1 .OO I Container I Service
(no charge for residential or commercial less than 20 feet per
direction)
Rolling Out Container (and returning it to original
location)
Back Door Service (Residential Curbside Only)*
Solid Waste and Recycling only
Opening (and closing) Doors or Gates
$2.70 Container I month I service
(more than 10 feet per direction)
Negotiable between the parties
Medical I Handicap is Free
No Charge
a
Locks for Containers $9.00 (one time) " 1 Charge for Replacements based on cost + 10%
Unlocking Containers $ 1.35 I month I service
Supplying (and retrofitting) locking mechanism on
Container** *
Adding wheels to or changing wheels on Containers
$55.00
No charge for Contractor-owned Containers
(see rate below for other containers)
I Adding lids to or changing lid(s) on Containers No charge for Contractor-owned Containers
(see rate below for other containers)
No Charge for Contractor-owned Containers Moving Container Location Per Customer Request
* There will be no charge for those residents medically unable to bring solid waste, vegetative waste, or
recyclable materials to curbside as delineated in Section 4.
The first change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
** ***
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
I
EXHIBIT I1
Residential Solid Waste Disposal Credit Calculation
Residential Vegetative Waste Disposal Credit Calculation
Annual Credit per
unit
Times (x)
Vegetation
Generation Factor I (TonsNear) I Category
Tipping Fee - - I Single Family 0.85 X
11* Multi-family, 4 or less 0 X - -
units - I11 I Mobile Homes 0.58 -
IV I Multi-family, more 0 Ix - -
I I than 4 units- I I I
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreement or any extension of the Agreement.
I1
Exhibit I11
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation wihn the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area and/or commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Admimstration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
previously-submitted monthly revenue statements for the twelve (12) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the information supplied, the Contractor is not required to provide
an audit of the accompanying information.
Attached is the required City format for financial statement reporting in accordance with this Agreement.
I11
EXHIBIT 111
Revenues:
(list by type)
Total Revenue
(Contractor)
Statement of Income and Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
$
Operating Expenses:
Depreciation - Vehicles $
Disposal fees paid to the Authority $
Contract Service Fees paid to the City $
Fuel and Oil $
Labor and Fringe Benefits $
Other Operating $
Truck Maintenance - Labor $
Truck Maintenance - Parts $
Total Operating Expenses
General and Administrative:
Salaries and Wages $
Oficers' Salaries $
Other General and Admimstrative $
Total General and Administrative $
Income before Provision for Income Taxes $
Provision for Income Taxes $
Net Income $
"The Accompanying Notes are an Integral Part of this Statement"
IV
EXHIBIT IV
PERFORMANCE BOND REQUIREMENT
The Annual Performance Bond due to the City from the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
x 50%
Less Disposal Fees 0
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Administrator by anniversary date each year for the next Contract year.
EXHIBIT V
QUARTERLY FINANCIAL REPORTING FORMAT
The Contractor shall submit to the City within forty-five (45) days of the end of each quarter a revenue statement
prepared in accordance with generally accepted accounting principles individually for each residential and commercial
operation withm the Service Area.
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative form and include the basis for the allocation method.
The required format for Quarterly Financial Statement reporting in accordance with this Agreement is shown below.
(Contractor)
Statement of Revenues and Disposal Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type - commercial and residential,
including collection rates, container maintenance,
special service rates, etc.) !$
Total Revenue
!$
Disposal Expenses:
Disposal fees paid to the Authority !$
Net !$
Contract Service Fees (Net * .05) $
"The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of th~s ehbit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
current disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the following fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used I no. of units x
generation rate for garbage / trash hen vegetation for category of unit + by 12 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables I11 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, whch expires on March 30,2012.
Table I
Non-Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
October November December
lS' yr. 12 11 10
2"d yr. 0 0 0
April May June
lS' yr. 6 5 4
2"d yr. 12 12 12
January
9
12
July
3
12
February
8
12
August
2
12
March
7
12
September
1
12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Unit Type Garbage Trash Vegetation Total
Tons Per Year Tons Per Year Tons Per Year
Single Family 1.10 .85 1.95
Multi- family
(less than 5 units) .67 . 00 .67
Mobile Home 1.10 .58 1.68
Multi-famil y
(More than 4 units) .74 -00 .74
VI11
Table I11 a
Example #1 of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1 st Year November - September
Solid Waste:
Vegetation:
Solid Waste:
74 single family units x 1.10 tons + 12 months x 11 months x $28.00 per ton =
$2,089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 11 months x
$25.00 per ton = $1,441.45 or $19.47 per unit.
8 multi family units x .74 tons + 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2"d Year November - No Payment Due
Table I11 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
lSf Year March - September
Solid Waste:
Vegetation:
Solid Waste:
121 single family units x 1.10 tons i 12 months x 7 months x
$28.00 per ton = $2,173.96 or $17.96 per unit.
121 single family units x .85 tons + 12 months x 7 months x
$25.00 per ton = $1,499.89 or $12.39 per unit.
25 multi-family units x .67 tons + 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2"d Year - Due in March
Solid Waste:
Vegetation:
Solid Waste:
121 single family units x 1.10 tons + 12 months x 12 months x
$28.00 per ton = $3.726.79 or $30.79 per unit.
121 single family units x .85 tons i 12 months x 12 months x
$25 .OO per ton = $237 1.24 or $2 1.24 per unit.
25 multi-family units x .67 tons f 12 months x 12 months x $28.00
per ton = $468.99 or $18.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
I
Task Minimum Start Date
Start-up Plan & Schedule(s)
0 Provide City confimtion of equipment delivery dates January 25,2006
0 Public Information Plan February 2006
Order equipment (Final award approval takes place on
City Council’s second reading)
January 2006
Submit Container Residential and Commercial Container
Begin curbside routing
February 15,2006
Januarv 3 1.2006
rehabilitation schedule (repair and paint)
Submit curbside routing plans to the City for review & approval
Train drivers on equipment
Drivers and supervisors run routes (new employees)
Prepare and mail Disclosure notices to commercial customers w/
Mailer to all curbside customers on new collection schedule and
Door hangers on all curbside customer’s door on new collection
Submittal of Special Service “Off Curb” signed Agreement to
DeveloD and amrove Drocedures reauired bv this contract (Citv)
February 1,2006
February 1,2006
March 1,2006
March 10,2006
February 15,2006
February 15,2006
March 15,2006
March 15.2006
copies to the Contract Ahstrator
set out requirements
schedule and set out requirements
Contract Administrator (Customerrnauler Agreement)
adlines
Maximum completion Date
March 2006
January 3 1,2006
February 28,2006
June 3 1,2006
March 1,2006
March 3 1,2006
March 3 1,2006
March 3 1,2006
March 20,2006
March 15,2006
March 15,2006
March 3 1,2006
March 3 1,2006
(1) Contractor and Contract Adrmnistrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in this
exhibit.
X
1
1 .
2 .
3 .
4 .
TERM ............................................................................................................................ 6
DEFINITIONS .............................................................................................................. 6
SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 . Conditions and Frequency of Service .................................................. 11
1 . Conditions and Frequency of Service .................................................. 12
Curbside Residential Recycling Collection Service ........................................ 12
1 . Conditions and Frequency of Service .................................................. 12
2 . Recycling Containers ............................................................................ 13
Container Residential Solid Waste Collection Service ................................... 13
1 . Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
1 . Conditions and Frequency of Service .................................................. 14
Commercial Solid Waste Collection Service .................................................. 14
1 . Conditions and Frequency of Service .................................................. 14
2 . Level, Type, and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
a) . Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
Commercial Recycling Collection Service ...................................................... 16
1 . Conditions and Frequency of Service .................................................. 16
2 . Level, Type, and Disclosure of Rates for Commercial Recycling
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
1 . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
Curbside Residential Vegetative Waste Collection Services .......................... 12
2
5 .
6 .
7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15 .
16 .
17 .
18 .
19 .
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 19
Recycling Containers for Residential Dwelling Units .................................... 19
Materials Recycling Facility ............................................................................ 20
Change in Scope of Recycling Collection Service .......................................... 20
CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
Solid Waste and Recycling Collection Services ............................................. 20 A .
B .
C .
D .
E .
F .
G .
City’s Obligation - Billing. Collection. Payments .......................................... 20
Solid Waste Disposal Costs ............................................................................. 21
Extraordinary Rate Adjustment ....................................................................... 22
Extraordinary Rate Adjustment Fuel ............................................................... 22
Annual Rate Adjustment .................................................................................. 22
Contract Service Fee ........................................................................................ 22
HOLIDAYS ................................................................................................................. 23
SPECIAL SERVICES ................................................................................................. 23
PUBLIC AWARENESS PROGRAM ........................................................................ 23
MANNER OF COLLECTION ................................................................................... 23
PERSONNEL OF THE CONTRACTOR .................................................................. 24
SPILLAGE .................................................................................................................. 24
SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
COLLECTION EQUIPMENT ................................................................................... 25
SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
OFFICE AND EQUIPMENT YARD ........................................................................ 25
COMPLAINTS ............................................................................................................ 26
QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
NATURAL DISASTERS ........................................................................................... 28
UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 . PERMITS AND LICENSES ...................................................................................... 29
2 1 . PERFORMANCE BOND ........................................................................................... 29
22 . EMPLOYEE WAGES AND BENEFITS .................................................................. 29
23 . INSURANCE .............................................................................................................. 29
Workers’ Compensation Insurance ................................................................. 30
Liability Insurance ........................................................................................... 30
A .
B .
24 . INDEMNIFICATION ................................................................................................. 30
25 . ACCESS AND AUDITS ............................................................................................ 30
26 . POINT OF CONTACT ............................................................................................... 30
27 . NOTICE ....................................................................................................................... 30
28 . DEFAULT OF CONTRACT ...................................................................................... 31
29 . PUBLIC WELFARE ................................................................................................... 32
30 .
3 1 .
32 .
RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
TITLE TO WASTE ..................................................................................................... 33
GOVERNING LAW AND VENUE .......................................................................... 33
33 . COMPLIANCE WITH LAWS ................................................................................... 33
34 . SEVERABILITY ........................................................................................................ 33
35 . ASSIGNMENT AND SUBLETTING ....................................................................... 33
36 . MODIFICATION ....................................................................................................... 34
37 . INDEPENDENCE OF AGREEMENT ...................................................................... 34
38 . ANNEXATIONS ........................................................................................................ 34
39 .
40.
CHANGE OF LAW .................................................................................................... 34
OTHER RATE ADJUSTMENTS .............................................................................. 34
4
4 1 .
42 .
43 .
44 .
45 .
46 .
PUBLIC ENTITY CRIMES ....................................................................................... 34
SUBSTANTIAL, COMPLIANCE .............................................................................. 34
COMMUNITY SERVICE .......................................................................................... 34
CONTRACT PREPARATION .................................................................................. 34
FISCAL FUNDING .................................................................................................... 35
COMPETITIVE EQUALITY ..................................................................................... 35
I
I1
I11
IV
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Annual Financial Reporting Format ......................................................... VI-VI1
Perfonnance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Collection Preparation and Implementation Plan ......................................... x111
Non-Assessed Residential Disposal Compensation Procedure ................. x-x11
5
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of ,2005,
between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the State of Florida, which municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as "CITY") and WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Contractor").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained herein, the parties agree as follows:
1. TERM:
ns Agreement shall be for the period of seven (7) years commencing on April 1,2006, and expiring March
30,2012. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify the Contractor within twelve (12) months in
advance of the natural expiration date of thls Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(s).
2. DEFINITIONS:
To the extent the definitions contained herein conflict with similar def~tions contained in any federal, state, or
local law, the definitions herein shall prevail. However, nothing contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to federal, state, or local law.
A.
B.
C.
D.
E.
F.
Authority shall mean the Solid Waste Authority of Palm Beach County.
Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste
resulting fiom the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodennic needles, contaminated clothing, and surgical gloves.
Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar
domestic appliances, household goods, and furniture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item of Bulk Trash.
Collection shall mean the process whereby solid waste, including, but not limited to, Garbage, Trash,
Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated
Facility.
Collection Route shall mean a futed or customary course of travel assigned to a crew and scheduling
the order of stops from one point to another covering a defmed area of territory.
Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection service.
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G. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor from customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
wih the Service Area. Such service includes both Containers and Compactors, but does not include
Roll-off Collection Services.
J. Compactor shall mean any container, which has compaction mechanism(s), whether stationary or
mobile, all inclusive.
K. Construction and Demolition Debris (C&D) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a de minimis amount of waste
other than C&D from the construction site will not automatically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a truck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach County.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. This service shall be considered a
commercial service account for billing purposes whch the Contractor shall invoice monthly.
N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
0. Contract shall mean this Agreement executed between the City and the Contractor for the
performance of the services as provided in this Agreement.
P. Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein for the Service Area.
Q. Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the administration and supervision of this Agreement during its term.
R. County shall mean Palm Beach County, Florida.
S. Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
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designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority’s
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
T.
U. Department shall mean the Florida Department of Environmental Protection.
V. Disposal Costs shall mean the “tipping fees” and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during this Agreement.
Z. Garbage shall mean all putrescible waste, whch generally includes, but is not limited to, lutchen and
table food waste, animal, vegetable, food, or any organic waste that is attendant with or results from
the storage, preparation, cooking, or handling of food materials, whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with Garbage in the same
collection. Garbage shall not include any material that falls within the definition of Special Waste.
AA. Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size.
BB. Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Admmstrative Code, or by any
future legislative action or by federal, state, or local law.
CC. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this defintion, the Hotel or Motel must be licensed to operate as such. “Transient” has the
meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law.
DD. Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, andor
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Administrator.
EE. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chpboard, file folders, envelopes, letter paper, junk
mail, notebook paper, and any other clean paper products.
FF. Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
GG. Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean information
concerning level of service and changes in scope of service.
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Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City and the Contractor, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry into
the remaining solid waste stream.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris
material per collection.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service and/or Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, withm temporary locations in the Service Area,
limited to new construction sites and remodeling or refbrbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural
nurseries, but only when the customer chooses to use roll-off containers for horticultural or
agricultural waste, and horticultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
Service Area shall mean the area withm the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
administered.
Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar characteristics or effects.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit I, attached hereto and by this reference incorporated
herein.
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Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Adrmnistrator to be reasonably unmanageable.
Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping and to the operation of stores, offices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, which results in the prevention or delay of performance
by a party of its obligations under this Agreement and whch is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
Universal Container shall mean and include any waste or recycling storage receptacle made of heavy
-duty plastic material and generally sized in 35, 65, 95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehcle body.
Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and
similar other matter usually produced as refkse in the care of lawns, landscaping and yards. Tree limbs
and trunks shall be limited to ten (IO) inches or less in diameter. Vegetative Waste, except palm
fronds, must be no more than six (6) feet in length, and no single item shall weigh more than 50
pounds and shall be placed in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at whch it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR:
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of payments for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, which shall be
an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
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No other person or entity except the Contractor may offer or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area.
If the Contractor becomes aware of an entity violating the provisions of this Section, the Contractor should provide
information of the violations to the Contract Administrator. Upon review of the mformation and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Contractor based upon the terms of this Agreement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Admmstrator if acquired
during the term of the Agreement. These services shall be provided at no charge to the City, to include provision of
Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (10) roll-off pulls per month without limit to sue of the roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machmery and equipment, buildings, trucks, vehcles, a radio compatible with City systems to the City with
all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
items necessary to maintain the highest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered from the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside, as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occur only on permitted holidays or in the case
of a City-declared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
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assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor.
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve any disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash item separately,
in a non-compacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage
can. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor may collect
commingled material and shall assume responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
There shall be no weight limit for any Bulk Trash item.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of payments from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small item, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (10) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as further discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Curbside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
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C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments from Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and / or paper bags, and shall be placed withm six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be left in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
size and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit I, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments from Container
Residential customers for this collection service. The frequency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The size of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
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outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phone number, and cubic yard size of the Container.
E. Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, often an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (1) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible
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location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers from any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
2. Level Type and Disclosure of Rates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
term shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the parties to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE” to be charged within the
approved rate limits contained in Exhibit I. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The customer may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
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SPECIAL SERVICES
Number of Size Frequency Type Collection Disposal Special Container Total
Containers cost Cost Service Rental
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES”
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained from the Contractor or Contract Administrator.
1
RATES FOR SERVICE
c
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
I I I I I I I I I I I
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES” statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
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G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers from any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and size of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, size of the Container, and number of pick-ups per week and the “TOTAL RATE” to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services, the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
I. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation after the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
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3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor's crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor's
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a comer lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the Contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
I. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments from the City to the Contractor
will be done and paid no later than the tenth (IO") day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which may be modified
from time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
18
by the customer for Commercial Recycling Collection Service, at the rate set out in Exlubit I,
as determined by the Contract Administrator.
J. Method of Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container.
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to non-residential customers if in
hidher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Administrator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. In the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute to the disposal site where it is in the interest of the general
public to do so because of the condition of the streets or bridges. The Contractor shall not
interrupt the regular schedule or quality of service because of street closures of less than eight (8)
hours in duration. The City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be increased by the influx of visitors. This additional load will not be
justification for the Contractor to fail to maintain the required collection schedules and routes.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacement Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customers within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the
Contractor pursuant to hs Agreement shall be based on the rates established in Exhibit I, and as may
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraor- Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by this Agreement, shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with generally-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by this reference incorporated herein, as
may be Mer revised by the Contract Administrator from time to time. The quarterly franchise fee
payment shall accompany this report.
20
Withm one hundred twenty (1 20) days after the end of the Contractor’s fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by this reference
incorporated herein, as may be further revised by the Contract Admuustrator from time to time, an
Audited Financial Statement including, at a minimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor’s books and records in accordance with generally-accepted
auditing and accounting principles and standards, which include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
generally-accepted accounting principles.
B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the City’s mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments from the City to the
Contractor will be due and paid no later than the tenth (lo*) day of the month following the
month during whch services were rendered.
On or before April 1, and before commencement of work by the Contractor under the terms of
this Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of this Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City’s Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor’s monthly
payment. Payment will commence the first day of the month following the issuance of a
certificate of occupancy (“CO”). The payments from the City to the Contractor for units added
by CO are paid no later than the tenth (10”) day of the month. After the first year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year’s total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued COS since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator within ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Administrator
will verify the customer address and that service to the unit is proper withm thuty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Adrmnistrator. Upon determination of any overpayment, the Contract Administrator
will verify the error and make appropriate adjustment to the Contractor’s payment to correct the
error.
21
C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to &us
Agreement. The Contractor's payments for collection are set out in Exhibit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated from Residential and
Commercial Collection Service costs as shown in Exhibit I. Residential disposal costs will be part of
the special assessment billed by the Solid Waste Authority of Palm Beach County (Authority) except
as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each
residential unit as calculated by the Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority for all solid waste disposal costs incurred for disposing of all
solid waste at the Authority's Disposal Facilities, except for the portion of disposal costs, which have
been separately credited by the City. The City accepts no responsibility or financial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of this Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
this reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding fuel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such further information as may be reasonably necessary in making its
determination. The Contractor shall submit for an extraordinary rate adjustment withm twelve (12)
months of the event(s) necessitating the adjustment, but not before January 3 1 or later than March 3 1
of any calendar year. The City shall approve or deny the request, in whole or in part, within sixty (60)
days of receipt of the request and all other additional mformation required by the City. The Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjustment in accordance with the Agreement. No change in rates, as provided by this
Agreement, shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October 1, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, whch
could not reasonably be foreseen by a prudent operator. Contractor shall submit, to the City Finance
Administrator, a fuel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereafter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fuel surcharge invoice or credit for fuel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for fuel purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
22
The City will review the request and supporting documentation. Additional information may be
requested by the City to further support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April 1, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhlbit I of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Roll-off Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of admimstration, supervision, and
inspection rendered for the effective performance of this Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under th~s Agreement shall be deducted from the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent (1 S%) of the monies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain office hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Chnstmas Day shall be collected on the next scheduled service day.
The Contractor shall not be required to maintain office hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Chnstmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehicle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhibit I. If the Resident
requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhlbit I; such charges shall then be established through
negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Contract Administrator shall determine the cost. Any special service(s)
negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of this agreement to the Contract Administrator within five
(5) days of the execution of the agreement.
8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Program to inform residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program, which shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distribution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
23
promotional materials. However, the City's contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information to the residential participants on a periodic
basis. The Contractor firher agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
reimbursing the City for its commercial printing costs for printed informational materials regarding the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor's marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a minimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a dnveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the Contractor will be repaired or replaced by the Contractor withm forty-eight (48)
hours at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will immediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR:
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the name(s) and office and cellular telephone numbers of the person(s) to
the Contract Adrmnistrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B. The Contractor's solid waste collection employees and workers shall wear a uniform or shirt bearing
the Contractor's name during operations in the City.
C. Each driver of a collection vehxle shall at all times carry a valid Florida driver's license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner.
F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City's system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified withn this Agreement or some other period as approved by the Contract Administrator.
24
The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing sufficient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the full disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good workmg order such equipment as shall permit the Contractor to adequately and eaciently perform the
contractual duties specified in this Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of thls Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Administrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection equipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean conhtion at all
times. Recycling Materials collection equipment shall be dual-compartment equipment (one compartment for
paper products and one compartment for other Recyclable Material), separate trucks or other equipment that
meets industry standards and is approved by the Contract Ahnistrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not
exceed fifty (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service with two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehcle shall contain signs warning the public of frequent stops.
All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No
advertising shall be permitted on vehicles, except of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in thls
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on whde the vehcle is in collection mode.
25
14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in thls Section are not regulated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict compliance with all federal, state, and local laws and regulations.
15. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office withm Palm Beach or Martin
County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:OO a.m. to 5:OO p.m., Monday through Friday. The Contractor shall provide a
fax machme andor computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles from the City, for the City to reach during all non-office
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations re uiring immediate attention. The Contractor's Equipment Yard and office are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real property location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
9,
16. COMPLAINTS: Any complaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved within twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day.
When the Contract Adrmnistrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Administrator shall be notified immediately of the reasons for the delay. If the Contract Administrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor's employees, agents, or sub-contractors. Any damage shall be repaired with seven (7)
business days with written disposition submitted to the City within five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (10"' day of each month for the preceding month. The record shall indicate
the day and hour on which the complaint was received and the day and hour on whch it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Administrator. Legitimacy of challenged
complaints shall be determined by the Contract Adrmnistrator, and hisher decision shall be final.
It is recognized that disputes may arise between the City and the Contractor with regard to the collection of
certain items due to disputes over the specific language of the Agreement. The Contract Administrator may
from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to
remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted from compensation due the Contractor. Th~s action taken by the City
shall not be deemed a breach of this Agreement; the parties understand that the City has the unilateral right to
set off such amounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
the amount deducted shall be given to the Contractor. If the City or designee determines that disputed rehe
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
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17. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of thls Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Administrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer mformational requests or Recycling Container requests. A complaint
not resolved withm twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers within the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy $100.00 per incident administrative charges for those actions related to service as
listed within this Agreement. These abstrative charges shall be in addition to other adrmnistrative charges
levied by the Contract Ahistrator. There will be a $1,000 admitllstrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Monthly Limit (%) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3 .OO%
1 .OO%
2.00%
0.50%
6.50%
The Contract Administrator may also levy administrative charges for all other infractions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
Commingling Solid Waste with Vegetative Waste and/or Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain office hours as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate manner such as listed in A below
Damaged Container or Recycling Container not replaced within forty-eight (48) hours.
Failure to clean spillage.
Failure to repair damage to customer property withm seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, size not displayed on equipment, Containers, or
subcontractor's equipment.
Not providing current schedule and route maps as required.
Traffic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (10"' day of the following month) in a format determined by the City, for the
purpose of tracking and verifymg generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
27
W.
X.
Failure to replace or provide containers or Recycling Containers within five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contract Administrator shall assess administrative charges for the following, as set forth herein
0
0
0
Changing collection routes or schedules without proper notification will result in a $1,000.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, $1,000.00 fine
2. Second offense, $2,500.00 fine
3.
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
Third offense, immediate Termination of Agreement.
0
0
1. In addition to any other requirements of thls Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(lo*) day of the following month. At a minimum, the Contractor shall submit the following by the
tenth ( 1 o*) of the month:
0 Customer complaint log
0 Commercial customer service list
0 Tonnage reports
0 Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year thls Agreement is in effect, the Contractor shall ensure and
certify to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, drivers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report withm five (5) worlung days of the required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an abstrative fine as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to
become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in writing of the administrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice,
request in writing to the Contract Adrmnistrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to the Contractor’s claims, and
the decision of the City will be final.
28
18. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Contractor a variance from regular Collection Routes and Schedules. As
soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, normal collection routes and schedules shall resume.
The Contract Administrator or designee shall make an effort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide storm debris removal services by the Contract Administrator, the Contractor’s clean-up activities from
some natural disasters may require that the Contractor he additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor
shall receive compensation above the normal compensation contained in this Agreement to cover the costs to at
least include rental equipment, additional personnel, overtime hours, and other documented expenses, provided
the Contractor has first secured written authorization and approval from the Contract Administrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Administrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s current disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Administrator for review and approval. This plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a natural disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency’s approval. The Contractor shall update his natural disaster
plan each year of the term of the Agreement for the Contract Administrator’s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto further understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in this Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in
default of hs Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or
permits shall be reported to the City within ten (10) working days of the change. By award of hs Agreement,
the City grants a Roll-off Collection Permit, which must be signed by the Contractor. Annual permit fees are
waived.
21. PERFORMANCE BOND: The Contractor shall finish to the City a performance bond executed by a surety
company licensed to do business in the State of Florida andor a clean irrevocable letter of credit issued by a
bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhlbit IV, attached hereto and by
hs reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The form of hs bond or letter of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained
during the term of this Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thirty (30) days' written notice has been given to the City. Current performance bond
evidencing required coverage must be on file at all times.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice
to the City.
A. Workers' Compensation Insurance: Workers' Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount not
less than $100,000.00 per each accident, $100,000.00 by disease, and $500,000.00 aggregate by
disease.
B. Liability Insurance: The Contractor shall, during the term of thn Agreement, and any extensions
hereof, maintain in full force and effect a commercial general liability insurance policy and
automobile liability insurance policy, whch specifically covers all exposures incident to the
Contractor's operations under hs Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit
for personal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for Premises/Operations, Products/Completed
Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or
excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection furnished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willhl acts, and wronghl acts or omission of the Contractor or its employees,
whch said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
whch are the subject of thls Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate separate
financial and operating records for the Service Area of the Solid Waste Collection andor Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of ths
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the financial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, whch include tests and other procedures necessary, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, dormation regarding the Statement of Income and
Expenses in the format shown in Exhibit I11 and shall be delivered to the City within one hundred twenty (120)
days of the twelve (12) month period endmg the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Ahstrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 4fIth Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effective when received at the address as specified above. Changes in the respective address to
which such notice is to be directed may be made fiom time to time by written notice. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:OO
p.m. or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel this Agreement, except as otherwise provided below in this Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafter provided, upon the
happening of any one of the following events, which will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seekmg an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal
bankruptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in which case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or governmental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions,
or covenants in th~s Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the
Contract Administrator relative thereto, whether such default is considered minor or major, and
said default is not cured within thuty (30) days of receipt of written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied with thirty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said thuty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within thuty [30] days, and [b] that it is proceeding with diligence to cure said default, and
such default will be cured withm a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled workmg days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6") working day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perform pursuant to th~s
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thuty (30) working days, all liability of the City under this Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of th~s
Agreement under hs Section, in the event that the Contractor's record of performance shows that the
Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor final
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (15") consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any and all charges and interest shall be payable to said
date, and Contractor shall have no Mer rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any Mer performance under this Agreement.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City’s written notice to the Contractor and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under this Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be free to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and terms and conditions on the Contractor under this Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement
between the City and the Contractor for any additional services or other obligations required of the Contractor
due to any modification in the Agreement under thls Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself.
31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Adrmnistrator. The City shall, at all
times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownershp rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization from the Contract
Adrmnistrator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against
the party who drafted the same, as all parties to thls Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under thls Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of hs Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if
the Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from
being void should a provision which is of the essence of the Agreement be determined to be void.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement,
with prior City approval, which may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities
of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor’s
equipment shall be equipped with signs on both sides identifylng them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be
permitted under the terms of this Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor without the express written consent of the
City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the
date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call
the performance bond and shall be free to negotiate with other contractors or any other person or company for
the service of the Contract Service area wluch is the subject of this Agreement. In the event of any assignment,
assignee shall hlly assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contractor. The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs andor other damages incurred to mitigate potential tangible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended
or should be construed as in any way establishing the relationslup of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 171.062, Florida Statutes, as amended, or
its successor.
39. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the future, whether federal, state, or local, which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase, either of whch are attributed to the Contractor
accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. This section shall not be
interpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of
General Services "convicted vendor'' list. This list is defined as consisting of persons and affiliates who are
disqualified from public contracting and purchasing process because they have been found guilty of a public
entity crime. The Contractor is required to comply with Section 287.133, Florida Statutes, as amended, or its
successor.
42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials dlsposed of by the
customer, provided the materials are prepared and placed with substantial compliance with the guidelines as
set forth herein. The Contract Administrator shall determine any dispute as to the standards of substantial
compliance.
43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City hctions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
44. CONTRACT PREPARATION: Prior to the commencement of the term of hs Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fine and collect $10,000.00 for each task
deadline missed. Appeal of any fines pursuant to this Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within thuty (30) days of receipt of an invoice for the fines. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
45. FISCAL FUNDING: The terms of hs Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
46. The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written.
City of Palm Beach Gardens
ATTEST:
By:
Joseph R. Russo, Mayor
By:
Patricia Snider, CMC, City Clerk
s to Form and Legal
2
&istine P. Tatum, City Attorney
Contractor:
Waste Management Inc. of Florida Inc.
Na
Tit
Na
Tit
Attest: (Seal)
36
I
EXHIBIT I
Approved Contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
I 1 I
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
written agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City-owned, -rented, or -leased
properties at no cost to the City.
(4) Annually, the above collection rates for the current year will be adjusted by 80% of the Consumer Price
Index (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 lbskubic
yard times the Authority’s tipping fee ($/ton) times 1 tod2000 Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 Ibdcubic yard times the Authority’s tipping fee ($/ton) times 1
tod2000 = $Icy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal, and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
EXHIBIT I
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERM OF AGREEMENT)
Y Charge for Replacements based on cost + 10%
$ 1.35 I month I service Unlocking Containers
ercial and Residential Containerized (No Disposal Charges for Residential)
* There will be no charge for those residents medically unable to bring solid waste, vegetative waste, or
recyclable materials to curbside as delineated in Section 4.
The first change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
** ***
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
I
EXHIBIT I1
Residential Solid Waste Disposal Credit Calculation
Annual Credit
Residential Vegetative Waste Disposal Credit Calculation
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreement or any extension of the Agreement.
I1
Exhibit I11
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation within the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area andor commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Administration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
previously-submitted monthly revenue statements for the twelve (12) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the information supplied, the Contractor is not required to provide
an audit of the accompanpg information.
Attached is the required City format for financial statement reporting in accordance with this Agreement.
I11
EXHIBIT I11
Revenues:
(list by type)
Total Revenue
(Contractor)
Statement of Income and Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
$
$
Operating Expenses:
Depreciation - Vehicles $
Disposal fees paid to the Authority $
Contract Service Fees paid to the City $
Fuel and Oil $
Labor and Fringe Benefits $
Other Operating $
Truck Maintenance - Labor $
Truck Maintenance - Parts $
Total Operating Expenses $
General and Administrative:
Salaries and Wages $
Oficers' Salaries $
Other General and Admustrative $
Total General and Administrative $
Income before Provision for Income Taxes $
Provision for Income Taxes $
Net Income $
"The Accompanying Notes are an Integral Part of this Statement"
EXHIBIT IV
PERFORMANCE BOND REQUIREMENT
The Annual Performance Bond due to the City from the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
x 50%
Less Disposal Fees 0
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Ahstrator by anniversary date each year for the next Contract year.
V
EXHIBIT V
QUARTERLY FINANCIAL REPORTING FORMAT
The Contractor shall submit to the City within forty-five (45) days of the end of each quarter a revenue statement
prepared in accordance with generally accepted accounting principles individually for each residential and commercial
operation within the Service Area.
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative form and include the basis for the allocation method.
The required format for Quarterly Financial Statement reporting in accordance with this Agreement is shown below.
(Contractor)
Statement of Revenues and Disposal Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type - commercial and residential,
including collection rates, container maintenance,
special service rates, etc.) $
Total Revenue
$
Disposal Expenses:
Disposal fees paid to the Authority $
Net
Contract Service Fees (Net * .05)
"The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of this exhibit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
current disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the following fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used I no. of units x
generation rate for garbage / trash hen vegetation for category of unit +- by 12 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables I11 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, which expires on March 30,2012.
Table I
Non- Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
October November December January February March
lS' yr. 12 11 10 9 8 7
2nd yr. 0 0 0 12 12 12
April May June July August September
lS' yr. 6 5 4 3 2 1
2nd yr. 12 12 12 12 12 12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Unit Type Garbage Trash Vegetation Total
Single Family 1.10 .85 1.95
Multi- family
(less than 5 units) .67 .oo .67
Mobile Home 1.10 .58 1.68
Multi-family
Tons Per Year Tons Per Year Tons Per Year
(More than 4 units) .74 .oo .74
VI11
Table 111 a
Example #I of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1 st Year November - September
Solid Waste:
Vegetation:
Solid Waste:
74 single family units x 1 .IO tons t 12 months x 11 months x $28.00 per ton =
$2,089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 11 months x
$25.00 per ton = $1,441.45 or $19.47 per unit.
8 multi family units x .74 tons + 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2nd Year November - No Payment Due
Table 111 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
lSt Year March - September
Solid Waste:
Vegetation:
Solid Waste:
12 1 single family units x 1.10 tons P 12 months x 7 months x
$28.00 per ton = $2,173.96 or $17.96 per unit.
121 single family units x .85 tons f 12 months x 7 months x
$25.00 per ton = $1,499.89 or $12.39 per unit.
25 multi-family units x .67 tons f 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2nd Year - Due in March
Solid Waste:
Vegetation:
Solid Waste:
12 1 single family units x 1.10 tons f 12 months x 12 months x
$28.00 per ton = $3.726.79 or $30.79 per unit.
121 single family units x .85 tons + 12 months x 12 months x
$25.00 per ton = $2,571.24 or $21.24 per unit.
25 multi-family units x .67 tons + 12 months x 12 months x $28.00
per ton = $468.99 or $18.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
Start-up Plan & Schedule(s)
0
0
0 Public Information Plan
Order equipment (Final award approval takes place on
City Council’s second reading)
Provide City confirmaton of equipment delivery dates
Submit Container Residential and Commercial Container
Begin curbside routing
Submit curbside routing plans to the City for review & approval
Train drivers on equipment
Drivers and supervisors run routes (new employees)
Prepare and mail Disclosure notices to commercial customers w/
Mailer to all curbside customers on new collection schedule and
Door hangers on all curbside customer’s door on new collection
rehabilitation schedule (repair and paint)
copies to the Contract Adrmnistrator
set out requirements
schedule and set out requirements
Submittal of Special Service “Off Curb” signed Agreement to
Con trac; Ah nistrator (Customer/H&ler Agreement)
Develop and approve procedures required by this contract (City)
Deadlines
Maximum completion Date Minimum Start Date
January 2006
January 25,2006
February 2006
February 15,2006
January 3 1,2006
February 1,2006
February 1,2006
March 1,2006
March 10,2006
February 15,2006
February 15,2006
March 15,2006
March 15,2006
March 2006
January 3 1,2006
February 28,2006
June 3 1,2006
March 1,2006
March 3 1,2006
March 3 1,2006
March 3 1,2006
March 20,2006
March 15,2006
March 15,2006
March 3 1,2006
March 3 1,2006
(1) Contractor and Contract Administrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in hs
exhlbit.
X
City of Palm Beach Gardens
Council Agenda
January 5,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
I.
11.
111.
IV
V.
7:s VI.
VII.
s;33 VIII.
fY0
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 5,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. (Page 6) Seacoast Utility Authority Rate Proposal and modifications to the Hood
Road and Richard Road Water Treatment Plants.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. {Page 10) Approve Minutes from the December 1, 2005 regular City Council
meeting.
b. (Staff Report on Pape 18, Resolution on Page 21) Resolution 3, 2006 - Traffic
Enforcement Agreement with The Isles Homeowners Association, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement for Traffic Control Jurisdiction between the City of Palm
Beach Gardens and the Isles Homeowners Association, Inc.; and providing an
effective date.
.
C. [Staff Report on Page 26, Resolution on Page 30) Resolution 8, 2006 -
Approve amendment number one to an agreement with Wendy M. Ross. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the final cost quote of $295,937, and authorizing the execution of an
amendment the agreement with Wendy Ross for the design, fabrication, and
installation of sculptures for the PGA Boulevard Flyover Towers; and providing
an effective date.
IX. PUBLIC HEARINGS:
Part I - Quasi-judicial
C.
d.
Po
{Staff Report on Page 52, Resolution on Page 55) Resolution 1, 2006 - South
Florida Blood Bank Plat. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the South Florida Blood Bank Plat; and
providing an effective date.
[Staff Report on Page 60, Resolution on Page 62) Resolution 2, 2006 -
Approving the Mirasol PCD Parcel Ten Plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Ten Plat;
and providing an effective date.
{Staff Report on Page 70, Resolution on Page 73) Resolution 6, 2006 -
Approving the Art in Public Places for the Midtown Planned Unit Development
(PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit
Development (PUD), which is located along the North side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, as more particularly
described herein; providing for conditions of approval; and providing an effective
date.
[Staff Report on Page 92, Resolution on Page 96) Resolution 7, 2006 -
Approving the Art in Public Places for the Donald Ross Village Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the Donald Ross Village
Planned Unit Development (PUD), which is located along the South side of
Donald Ross Road between Military Trail and Central Boulevard, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
Part I1 - Non-Quasi-judicial
a. [Staff Report on Page 148, Ordinance on PaPe 150) Ordinance 36,2005 - (2'ld
reading and adoption) Amending the Fiscal Year 2004/2005 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens' Budget for the Fiscal Year beginning
October 1, 2004, and ending September 30, 2005, inclusive; and providing an
effective date.
54
b.
6d
(Staff Report on Page 162, Ordinance on Page 164) Ordinance 39,2005 - (2nd
reading and adoption) Amending the Fiscal Year 2005/2006 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning
October 1, 2005, and ending September 30, 2006, inclusive; and providing an
effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
(Staff Report on Page 171, Ordinance on Page 175) Ordinance 1, 2006 -
Expedited development review program for Economic Development Projects. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to an expedited development review program for Economic Development
Projects; creating a new Section 78-57, Code of Ordinances, to be entitled
“Targeted Expedited Permitting Program”; providing for codification; and
providing an effective date.
Po
b. (Staff Report on Page 207, Ordinance on Page 209) Ordinance 2, 2006 -
Approval of a seven-year franchise agreement to Waste Management, Inc. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
granting an exclusive Solid Waste, Recycling, and Vegetative Waste Collection
Services Franchise to Waste Management, Inc.; authorizing the Mayor and City
Clerk to execute the fianchise agreement with Waste Management, Inc.; and
providing an effective date.
q; 3r
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 ofthe 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.
City of Palm Beach Gardens
Council Agenda
January 5,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
I.
11.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 5,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
111. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. JPaPe 6) Seacoast Utility Authority Rate Proposal and modifications to the Hood
Road and Richard Road Water Treatment Plants.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, Dlease submit
reuuest form to the Citv Clerk Drior to this Item)
VIII. CONSENT AGENDA:
a. JPape 10) Approve Minutes fiom the December 1, 2005 regular City Council
meeting.
b. JStaff ReDort on Pape 18. Resolution on PaPe 21)-Resolution 3,2006 - Traffic
Enforcement Agreement with The Isles Homeowners Association, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement for Traffic Control Jurisdiction between the City of Palm
Beach Gardens and the Isles Homeowners Association, Inc.; and providing an
effective date.
C. (Staff ReDort on Page 26, Resolution on Page 30) Resolution 8, 2006 -
Approve amendment number one to an agreement with Wendy M. Ross. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the final cost quote of $295,937, and authorizing the execution of an
amendment the agreement with Wendy Ross for the design, fabrication, and
installation of sculptures for the PGA Boulevard Flyover Towers; and providing
an effective date.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
i"
a. /Staff ReDort on Pave 52hResolution on Pape 55) Resolution 1,2006
Florida Blood Bank Plat.
provin
(Staff ReDort on Page 60, Resolution on Page 62
Approving the Mirasol PCD Par-1 Ten Plat
the Ci-f Palm Beach Garden ;lor an
ith
(Staff ReDort on Page 70, Resolution on Page 73) &eso lution 6, 2006 -
Appro g the Art in Public Places for the Midtown Plm-ed Unit Developme *
, Resolution of the City Council of the City of Palm Beach Garde~
rlonda approving the Art m Public Places for the Midtown Planned UI
Development (PUD), which iS located along the Narth side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, as more particular'
[Staff ReDort on Pape 92, Resolution on Page 96) Rgsohtig(J+..ZQ(&
Approving the Art in Public Places for the Donald Ross Village Planned UI
Development (PUD). Resolution of the City Council of the City of Palm Bea
Gardens, Florida approving the Art in Public Places fbr the Donald Ross Vi Planned Unit Development (lWD), which is locased along the South side
Donald Ross Road between Military Trail and Central Boulevard, as I
QG-Q-
90
Part II - Non-Ouasi-iudicial
[Staff ReDort on PaPe 148, Ordinance on Pape 150) Or- 2009- (2nd
adoptior Amending the Fisca- 2004/2005 Budget
of tbe City Council of the City 01 ram Beach Gardens, Fbm
~
amending the City of Palm Beach Gardens' Budget fbr the Fiscal Year beginning
109- (2nd
linance of tl City Cou I of tl City of Palm Beach Gardens, Florm
amending thc -ity of Palm Beach Gardens’ budget for the Fiscal Year beginning
date
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
pad-
s*
[Staff ReDort on Pape 171, Ordinance on Pape 175) Or_d@e-.l,2006
Ex edited development review program for Economic Development Project slnance Beach Gardens, Flori
relating to an expedited development review program for Economic Developme
Projects; creating a new Section 78-57, Code of Ordinances, to be entitl
Targeted Expedited Per itting Program’- lviding lificati
Pro “inn
(Staff ReDort on Pave 207, Ordinance on Pave 209) --
Approval nf 9 fpven-year fianchise agreement to Waste Management,
0rdin;mcc __ City Council of the City of Palm Beach Gardens, FlLda
ntiug an exclusive Solid Waste, Recycling, and Vegetative Waste Collection
Services ~ranchise to waste Management, ~nc.; authorizing the myor and city
Clerk to execute the hhise agreement with Waste Management, Inc.; and
viding an effective
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 proviswn of certain assistance at no cost Please call the City
Clerk’s Offie at 561-799-4122 no later than 5 days prwr to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print WbW (l/-/#P Lf / li
Address: 1. G-- HOQsod 6W
u 7, 2nOLfl
City: %6.
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: d \-< 0 w&‘-wo
Address: \ 7 9
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.
S
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
\
Subject: aL-c 0t.r
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
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WHEREAS the City of Palm Beach Gardens in the past several years has
experienced unprecedented growth rates in both ad valorem revenues and
General Fund operating expenses, and
WHEREAS the recent rate of revenue growth is not sustainable over a long-
term period, and increases in property values are already demonstrating a
moderating trend, and
WHEMAS the preparation of operating budgets by each of the City’s
operating department for Fiscal Year 2007 will be commencing shortly, and
WHEREAS it is the responsibility of the City Council to provide overall
budget policy guidance to the City Manager and Staff, and
WHEREAS it is deemed advisable to provide such guidance at the
beginning of the budget process rather than at its close, and
WHEREAS it is imperative that levels of service in public safety and other
vital resident services be maintained;
Now, therefore, be it resolved that the City Council of the City of Palm
Beach Gardens recommends that total General Fund operating expenses for
Fiscal Year 2007 shall not exceed the total mount budgeted for such
expenses in FiscaI Year 2006.