HomeMy WebLinkAboutAgenda Council Agenda 031606
City of Palm Beach Gardens
Council Agenda
March 16, 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
March 16, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. REORGANIZATION:
1. Appointment of a Temporary Chairman to appoint Mayor.
2. Appointment of Mayor.
3. Appointment of Vice Mayor.
4. (Staff Report on Page 5, Resolution on Page 7) Resolution 21, 2006 –
Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for
the City; and providing an effective date.
5. Appointment of Council to External Boards.
6. Appointment of Council to Internal Boards.
V ANNOUNCEMENTS / PRESENTATIONS:
a. (Staff Report on Page 9) Presentation to retired police K-9 Cash – transferring
ownership to Officer Zakian.
b. Fire Rescue Accreditation
VI. ITEMS OF RESIDENT INTEREST:
VII. CITY MANAGER REPORT:
VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
IX. CONSENT AGENDA:
a. (Page 11) Approve Minutes from the February 13, 2006 Special City Council
meeting.
b. (Page 14) Approve Minutes from the February 16, 2006 Regular City Council
meeting.
c. (Staff Report on Page 20, Resolution on Page 22) Resolution 28, 2006 - First
Amendment and Extension to Memorandum of Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the First
Amendment and Extension to Memorandum of Agreement for participating
agencies by and between the City of Miami and the City of Palm Beach Gardens;
authorizing the Mayor and the City Clerk to execute the Agreement; and
providing an effective date.
d. (Staff Report on Page 48, Resolution on Page 50) Resolution 31, 2006 -
Approving a purchase award to Wesco Turf Supply. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida awarding a contract to Wesco
Turf Supply, Inc. for the purchase of various Sports Turf Maintenance Equipment
in an amount not to exceed $91,456.53 via an existing contract with the State of
Florida No. 515-630-03-1; and providing an effective date.
e. (Staff Report on Page 64, Resolution on Page 66) Resolution 33, 2006 –
Agreement with Advanced Data Processing. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida awarding a contract to Advanced Data
Processing, Inc. for Emergency Transport Third-Party Billing Services;
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
X. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
XI. RESOLUTIONS:
a. (Staff Report on Page 75, Resolution on Page 77) Resolution 32, 2006 –
Contract award to Sports Turf One. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Sports Turf One, Inc. for
Golf Course Greens and Master Irrigation Pump Station Improvements; and
providing an effective date.
XII. ORDINANCES: (For Consideration on First Reading)
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 28,2006
Meeting Date: March 16,2006
Resolution: 21,2006
Subject/Agenda Item:
Resolution providing for appointment of the Mayor, Vice Mayor.
[ X ] Recommendation to APPROVE
J ] Recommendation to DENY
Reviewed by
CityAttorney ,
Submitted by:
Department Director
Originating Dept.:
Advertised:
Date:
Paper:
[ ]Not Required
Affected parties
[ 3 Notified
[ ] Not required
Costs:$ NIA
(Total)
$-
Current FY
Funding Source:
[ ]Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
Date Prepared: February 28, 2006
Meeting Date: March 16,2006
Resolution: 21,2006
BACKGROUND:
Section 4-3 of the City Charter provides that the City Council appoint a Mayor and
Vice Mayor at its annual organizational meeting held during the month of March.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 21,2006.
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RESOLUTION 21,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE
MAYOR FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 4-3 of the Charter of the City of Palm Beach
Gardens, the City Council annually selects members of the City Council to serve as Mayor
and Vice Mayor at its organizational meeting held during the month of March.
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. Pursuant to Section 4-3 of the City Charter, the following persons shall
be and are hereby appointed and named to the following offices of the City of Palm Beach
Gardens, Florida:
MAYOR
VICE MAYOR
SECTION 3. The above-named Mayor and Vice Mayor shall hold office until the
next annual organizational meeting of the City Council or until their successors shall be
appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens,
Florida.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: February 28, 2006
Date Prepared: February 28, 2006
Resolution 21, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR
VICE MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONShppt of mayor vice mayor - reso 21 2006.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 2,2006
Meeting Date: March 16,2006
SubjecffAgenda Item: Transfer ownership of retired police K-9 Cash to Officer Mark
Zakian
[?cl Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney
Finance Director I\
Submitted by:
w4
Department Director
Originating Dept.:
Police Department
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ]Notified
[ x 1 Not required
Zests:$ 0
(Total)
$_, Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
huncil Action:
]Approved
[ ppproved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
Date Prepared: February 2,2006 I I Meeting Date: March 16,2006 I
BACKGROUND: Officer Mark Zakian has requested permission to assume legal
ownership of K-9 Cash who was assigned to him and is now being retired from service.
K-9 Cash began his career with the Police Department in November 2001. He has been
an asset to this City but due to an unexpected degenerative joint disease and a tumor, he
is no longer able to perform his duties. In the four years of service, K-9 Cash and his
handler have conducted over 150 narcotics searches and 35 apprehensions. K-9 Cash’s
most notable search was when he located 468 kilos of cocaine on a boat. This was a joint
effort with the Drug Enforcement Administration and the United States Coast Guard.
We are confident that Officer Zakian will continue providing K-9 Cash a good home and
provide the care and attention he needs.
STAFF RECOMMENDATION: Staff recommends that the City Council approve the
transfer of ownership of K-9 Cash to Officer Zakian. By doing so, Officer Zakian will
assume all responsibility for the canine and indemnify the City from any and all costs,
liability, expenses, and claims arising from any accident, injury, or damage whatsoever
caused by Cash.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL MEETING
February 13, 2006
The February 13, 2006 Special Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 9:03 a.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.
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.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Resolution 27, 2006 – A Resolution of the City Council of the City of Palm Beach Gardens,
Florida expressing continued support for the Scripps Research Institute locating in Palm
Beach County; committing up to Three Million Dollars ($3,000,000.00) for infrastructure
improvements and concurrency reservation charges for the development of the 70-acre
Briger parcel to be developed for Scripps Florida on the Abacoa FAU / Briger site; and
providing an effective date. Mayor Russo reported that in his conversation with the
Governor, he had been asked what the City could do in the Scripps matter and he had
explained the things the City had already done regarding economic development. Both the
state and the county were spending a lot of dollars in this process and a lot more than they
had anticipated. Mayor Russo expressed his opinion that the North County cities should be
stepping up and making a contribution, because he believed when Scripps located here these
dollars would be returned ten times over. The City would benefit from quality of life
enhancements, with far superior education and culture, and would also benefit financially,
since he believed commercial buildings would be built quicker and at a higher value, and
North County would be the place to be for biotechnology. The Governor and the County
knew how this cluster could benefit North County; therefore, the City needed to do whatever
they could to bring Scripps to North County. Adopting the proposed resolution would be a
significant step. Mayor Russo reported he had discussed with the City Manager how this
resolution could be easier to understand and the City Manager would speak to this. The
resolution would immediately be sent to the Governor as soon as it was passed and signed.
Mayor Russo indicated he believed North County was the place the cluster would be the best
it could be. City Manager Ferris distributed a new Resolution 27, 2006, and explained that
under Section 4, line 38, the following language had been added: and/or land purchase costs.
So that it now read:
City Council hereby commits to the expenditure of up to $3,000,000.00 for infrastructure
improvements, concurrency reservation, and/or land purchase costs for the 70-acre Briger
parcel provided for Scripps Florida at the Abacoa FAU Briger site. The thought was to
broaden the scope as to what the funds could be used for. Sources of the funding that were
being looked at were last year’s carry-overs and impact fees of 1.5 million each; or a
combination of ad valorem debt and impact fees—there was a park public safety bond issue
coming up in March to which 1.5 million might be added instead of using carry-overs. A
combination of reserves and ad valorem debt and road impact fees could be used to fund this.
Staff had looked for ways of recouping this money, and the City Manager read a list of
grants from the Department of Commerce, which would be sought as reimbursement. Mayor
Russo advised the County would renegotiate their contract with Scripps after a site was
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/13/06
2
chosen, and this resolution would make the City’s commitment clear cut. Vice Mayor Jablin
thanked Mayor Russo for his efforts in this matter and expressed his opinion this would be
returned to the City hundreds of times. Councilmember Levy asked the time this money
would be needed. City Manager Ferris responded it would depend on what was needed—if
the county wanted it to go towards purchase of the Briger property it would be an immediate
need, but it could be 18 months or 2 years or more if used for infrastructure or concurrency,
just prior to construction time. Different financing alternatives would be presented to pay for
this as dollars came in, if the North County site was chosen. Councilmember Levy suggested
waiving building fees. Councilmember Valeche commented he liked the first version of the
Resolution because the second one looked like making a direct transfer to the landowner
rather than benefiting the whole project. Mayor Russo clarified this money was going to the
County to offset the cost of this project. Councilmember Barnett agreed everyone wanted the
jobs and the educational opportunities, but did not want to forget recent discussions about
the budget and how certain things would be paid, and wanted to hear a solid plan for this
$3,000,000.00. Mayor Russo responded he believed this $3,000,000 would accelerate the tax
revenues, similar to what had been done with the Honda Classic, and this would continue in
the right direction by increasing land values. Councilmember Barnett expressed her opinion
that the project could be realized without spending this $3,000,000. Councilmember Valeche
expressed his opinion that this would help the City’s economic development program in
immeasurable ways; but also thought something should be taken off the budget in the future
as an offset to the debt service. Councilmember Levy indicated he felt more flexibility
should be included. Discussion ensued. Mayor Russo felt it was time to express a leadership
role. Councilmember Levy commented the cost difference between the three proposals
without the $3 million was insignificant compared to the big package, but that was not a
reason to vote against the resolution. Mayor Russo indicated his agreement.
Vice Mayor Jablin moved approval of Resolution 27, 2006 in the revised version.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
.
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/13/06
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ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:30 a.m.
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
REGULAR MEETING
February 16, 2006
The February 16, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:02 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
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.
ITEMS OF RESIDENT INTEREST:
Mayor Russo announced that the County Commission had voted to place Scripps on the
FAU/Jupiter site and in the City of Palm Beach Gardens, and thanked everyone who had
worked so hard to make this happen. Mayor Russo especially thanked Kara Irwin, Growth
Management Department, who had spent countless hours on this project. Mayor Russo
recognized others who had participated in the team effort. Mayor Russo expressed his
opinion that the biggest benefit would be improvement of quality of life for City residents,
and explained that all the traffic for this project had already been approved. Councilmember
Barnett thanked the Palm Beach Gardens Women’s Club, and stated the School Board would
be present at the March 2 meeting regarding Palm Beach Gardens High School.
Councilmember Levy reported he had attended the Step-Up Florida program, which was a
great program, and invited everyone to walk on the new track and get healthy so Scripps
would not have to develop so many drugs. Councilmember Valeche asked how the Council
wanted to address the memo from Finance Director Owens regarding the resolution he had
proposed, and also asked if an independent opinion had been the direction of City Council in
regard to the Police pension board. Councilmember Valeche had been invited to meet with
the board’s attorney and actuary, and was advised progress was also being made to get an
independent evaluation. In regard to addressing Councilmember Valeche’s proposed
resolution, consensus was to hold a City Manager/Council meeting to discuss this issue. Vice
Mayor Jablin indicated he had also been invited to meet with the pension attorney, but did
not feel it was appropriate to attend. Vice Mayor Jablin thanked everyone for their work on
Scripps. Mayor Russo requested recognition of Sid Forbes, owner of Gardens Mall, who had
worked to get Scripps here and was always in support of the City.
CITY MANAGER REPORT:
Kara Irwin, Planning Manager, Growth Management Department, provided a presentation on
Scripps Florida and the partnership with Jupiter and other North County municipalities and
FAU, which would provide a way to diversify the City’s tax base. Ms. Irwin reviewed the
City’s long term commitments, the importance of providing information so that the County
could move forward quickly, and the actions taken by the City the day after the County had
chosen the site. The issues to be resolved were reviewed. Jupiter, Lake Park, and Riviera
Beach would join the City this year at Bio 2006 to help leverage the decision and put forth at
the international conference what Palm Beach Gardens was doing. The importance of
expediting the process in order to maintain the momentum in the North County and deliver
the vision of Scripps Florida in North County was stressed. Vice Mayor Jablin made a
motion to authorize the City Manager to make decisions for everything in the support tasks
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06
2
in this presentation, in order to deliver for this project in a timely manner. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
Councilmember Levy commented he would love to do the environmental report and would
donate it if it was legal. Commissioner Karen Marcus expressed thanks and the assurance
that the Scripps project could be done. The Governor’s message had been to get this done
fast. Commissioner Marcus requested that the Interlocal agreement for the commitment for
the $3 million be before the County Commission by February 28. Commissioner Marcus
thanked Howard Lester publicly for working with her on this project. The next bigger step
would be a master Interlocal agreement with all the cities involved and showing how a board
would be created, doing overlays, and county staff would be available for review and for
creating the agreement. Commissioner Marcus expressed appreciation and asked for
continued cooperation. Mayor Russo also thanked the Lester family. A special meeting was
scheduled the next Thursday at 4 p.m. for the Interlocal agreement. Councilmember Levy
suggested forming an Economic Development Task Force with the other North County
cities, and even South County and the research park if they would be interested, to show
others the variety of properties in this area. Mayor Russo advised he was already in
discussion with the Chamber of Commerce regarding this issue.
On-going Service Assessment – Charlotte Presensky, Community Services, discussed the
program to increase public outreach and provide annual assessments. This program would
consist of information dissemination--the website, the brochure, e-mail responses to
residents; information input; and an exchange combination such as town hall meetings and
charrettes. An independent, unbiased phone survey of residents was proposed, which would
cover communication, levels of service, City spirit, and fiscal and growth concerns. The
analysis was expected to be completed for use in the budget process, and a marketing
program was to be instituted. Councilmember Barnett expressed concern that a survey of
only 400 was a very small number for a sample of this community. Councilmember Barnett
requested a larger sampling and spending less on the marketing program, to get input from
more people. Mike Rove from the research company described the basis for the statistical
validity of the sampling, and answered questions from the Council. It was announced that the
phone survey would be conducted February 27 through March 7.
COMMENTS FROM THE PUBLIC:
John Chaplik, 715 Hudson Bay Drive, advised the Budget Advisory Committee would be
providing a comprehensive report on the pensions to all Councilmember’s. The source of
underfunding of the police and fire pension funds with proposed solutions would be
presented. The data in the actuarial reports had been used for the amount of unfunded
dollars. Mayor Russo expressed concern with the report being issued without evaluation
being done by an independent third party. The City Manager advised that the report was not
within the purview of the Oversight Committee, and requested the City Attorney be
consulted before the Budget Advisory Committee met. Joan Elias, 1009 Diamond Head
Way, commented on the wonderful effort to bring Scripps to North County and
congratulated all the cities and Commissioner Marcus. Dr. Robert Davis, BallenIsles,
thanked all for Scripps and former Mayor Jablin for going to California two years ago, and
requested a change in zoning to bury electric lines. The City Manager advised that FPL
would be making a presentation at the March 2 council meeting. Dr. Davis commented the
individual names of project managers were no longer on the agenda, and asked that
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06
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information be provided again so residents would know who to call if they had questions.
Steve Barnes, 1011 Shady Lakes Circle, congratulated everyone on Scripps. Mr. Barnes
reported another accident at the corner of Shady Lakes Drive, and school children crossing
six lanes of traffic on PGA Boulevard, and provided statistics on accidents at that corner, and
requested the long overdue traffic light be installed. City Engineer Dan Clark reported action
was being taken on this issue, and right-turn only could be instituted until the light could be
installed.
Vito DeFrancesco, Shady Lakes, reported there was no sidewalk for the children to walk on
along PGA Boulevard. Mr. DeFrancesco reported he had attended a PZA meeting which he
considered illegal, and described the items in a handout he had provided. Mr. DeFrancesco
advised Mr. Barnes and Mr. Schmidt had written letters regarding buffers, with no responses,
and asked that the City do the right thing. The Mayor and City Manager confirmed a
response had been sent to Mr. Barnes.
CONSENT AGENDA:
Vice Mayor Jablin made a motion to approve the consent agenda as submitted.
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 January 19, 2006 regular City Council meeting.
b. Resolution 4, 2006 - Approve a work authorization to Vila and Sons, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a work authorization and notice to proceed to Vila and Son
Landscaping Corporation based on its Annual Landscaping and Irrigation
contract for median improvements along Northlake Boulevard from Military
Trail West to the Florida Turnpike: and providing an effective date.
c. Resolution 22, 2006 -- Approve an Amendment to the Financial Assistance
Agreement with Palm Beach County for Beautification of Medians. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
First Amendment to the Financial Assistance Agreement with Palm Beach
County for Median Beautification on Northlake Boulevard and Military Trail as
part of the “Only Trees, Irrigation, and Sod (OTIS) program; and providing an
effective date.
d. Proclamation - National Engineers Week February 20 – 24, 2006.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Russo reviewed the quasi-judicial procedures to be followed
in tonight’s meeting. The City Clerk swore in all those intending offer testimony in any of
tonight’s cases.
Resolution 17, 2006 - Shoppe’s on the Green Monument Sign within Fairway Drive Median
and Easement Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Amendment to the PGA National Comprehensive Signage
Program to allow a Monument Sign to be located within the Fairway Drive Median for
Shoppes on the Green at PGA National Development of Regional Impact (DRI); approving
an Easement Agreement, as more particularly described herein; providing for waivers;
providing for conditions of approval; and providing an effective date. The City Clerk read
Resolution 17, 2006 by title. Mayor Russo declared the public hearing open and each
member of the Council reported no exparte communication. Tom Baird presented the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06
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proposal on behalf of the petitioner. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin made a motion to approve Resolution
17, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 9, 2006 – (1st reading) Amending the development order of the Northcorp Planned
Community Development (PCD). An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 1, 1990 relating to the Northcorp Planned
Community Development (PCD) and Planned Unit Development (PUD); transferring the
conditions of approval of the Northcorp PCD and PUD to Resolution 19, 2006; and
providing an effective date. [Resolution 19, 2006 is a companion item to Ordinance 9,
2006 and will require Council action at second reading] Resolution 19, 2006 –
Amendment to the 107-acre Northcorp Planned Community Development (PCD). A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the 103-acre Northcorp Planned Community Development (PCD), generally
located North of Burns Road, South of PGA Boulevard, East of Interstate 95, and West of
Alternate A1A, as more particularly described herein, to modify certain conditions of
approval; and providing an effective date. [Resolution 20, 2006 is a companion item to
Ordinance 9, 2006 and will require Council action at second reading] Resolution 20,
2006 - Approving a site plan amendment to the Anspach project. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to the
Anspach project at the Northcorp Planned Community Development (PCD), to allow an
additional 16,275 square feet of office use and 32,666 square feet of light industrial use,
located on the 7.0-acre site which comprises lot 1 of the South Park Center and lot 2 of the
West Park Center in the Northcorp Planned Community Development (PCD), generally
located at the Southwest corner of the Intersection of Riverside Drive and Northcorp
Parkway, as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Ordinance 9,
2006 on first reading by title only. Mayor Russo declared the public hearing open and each
member of the Council reported no exparte communication. Brian Cheguis presented the
proposal on behalf of the petitioner. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 9,
2006 on first reading by title only. Councilmember Levy seconded the motion, which carried
by unanimous 5-0 vote.
Part II – Non-Quasi-judicial
Ordinance 2, 2006 – (2nd Reading and Adoption) 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. The City Clerk read Ordinance 2, 2006 on first reading by title only. Mayor
Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 2,
2006 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote. Jeff Sabin reported they had done this service for the city for
ten years and this contract would be for another seven years.
Part III – Workshop
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Evaluation and Appraisal Report (EAR) 2005 “Major Issues” - Brad Wiseman, Growth
Management Department, presented the staff report and explained the steps in the procedure,
required once every 7 years. The State requirement to formulate major issues was explained,
an example of which would be to develop a creative transit system. Tonight’s workshop was
held to obtain input from the City Council on the major issues that had been formulated,
including to proactively plan for western growth; diversify land uses; develop a creative
transit system; maintain the City’s roadway linkages; re-evaluate the City’s proposed LOS
for public parks; and pursue the provision of workforce housing. In light of the decision for
the location of Scripps, staff recommended looking at the major issues to see how these
related to Scripps or if there were other major issues, and then to come back before the
Council. Mayor Russo agreed, and other members of the Council expressed no objections.
Joan Elias, 1009 Diamond Head Way, commented Scripps had a great impact that the City
had to work out redevelopment of old strip centers, and advised height of buildings should
be looked at to avoid requiring variances for labs which required higher ceilings, and other
things in light of Scripps. Mrs. Elias expressed her opinion it was very important to have a
definition of workforce housing, since there were many interpretations.
CITY ATTORNEY REPORT:
City Attorney Tatum reported she had forwarded copies of several letters from Roger
Blangey, who had requested she put the settlement proposal back on the agenda. Consensus
of Council was they did not want that. City Attorney Tatum reported receipt of a wire
transfer by the City that day of $1,808,500 in satisfaction of the code enforcement liens on
the Vavrus property. The City Attorney reported the Vavrus property would be in total
compliance after they had gone through the process of submitting a new conditional use
application for agriculture.
The City Clerk was to call Councilmembers to arrange a time for a Council/Manager
workshop.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/16/06
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ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 8:55 p.m.
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: February 14,2006
Meeting Date: March 16, 2006
Resolution: Resolution 28.2006
SubjectlAgenda Item:
First Amendment and Extension to Memorandum of Agreement for Participating Agencies
by and between the City of Miami and the City of Palm Beach Gardens.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
I1 Recommendation to POSTPONE
Reviewed by: .1 City Attorn
Finance Director &
,%bm i tted by:
Peter T. Bergel
Fire Chief
Department Director
3riginating Dept.:
-ire Rescue
Advertised:
Date:
?aper:
[ x] Not Required
Affected parties
[ ] Notified
[ x ] Not required
2osts: $ 0 .
(Total)
$
Current FY
Funding Source:
] Operating
i ]Other
Budget Acct.#:
~~ ~ ~
Council Action:
: ] Approved
]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Staff Report
Resolution 28, 2006
First Amendment and
Extension
[ ]None
Date Prepared: February 14,2006
Meeting Date: March 16,2006
Resolution 28,2006
BACKGROUND:
The Memorandum of Agreement for Participating Agencies between the City of Miami
and the City of Palm Beach Gardens covers the City’s participation in the Federal
Urban Search and Rescue Task Force Two (FL TF2) operating out of Miami Fire
Department.
FL TF2 is one of twenty-eight (28) teams nationwide that are funded through the
Department of Homeland Security, Federal Emergency Management Agency (FEMA)
to provide search and rescue operations in the event of natural or man-made disasters.
Deployments of these teams are generally domestic in nature but in some rare cases
may be international.
The Memorandum of Agreement for Participating Agencies between the City of Miami
and the City of Palm Beach Gardens provides a mechanism for the City to seek
reimbursement for personnel participation when the team is deployed. This
reimbursement not only covers the cost of the participating members but the cost of
hiring overtime replacements during deployment as well. The original Memorandum of
Agreement was adopted by the City Council via Resolution 87, 2004.
The First Amendment and Extension to the South Florida Urban Search and Rescue
Task Force Memorandum of Agreement seeks to extend the performance period
beyond December 31,2005 until a new Memorandum of Agreement is developed and
signed by the Federal Emergency Management Agency, the State of Florida and the
City of Miami or until terminated by any party upon thirty (30) days written notice.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 28, 2006, First Amendment and Extension to
Memorandum of Agreement for Participating Agencies between the City of Miami and
the City of Palm Beach Gardens.
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RESOLUTION 28,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE FIRST AMENDMENT
AND EXTENSION TO MEMORANDUM OF AGREEMENT FOR
PARTICIPATING AGENCIES BY AND BETWEEN THE CITY OF MIAMI
AND THE CITY OF PALM BEACH GARDENS; AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 15, 2004, the City approved Resolution 87, 2004 authorizing
the execution of a Memorandum of Agreement for Participating Agencies by and between
the City of Miami and the City of Palm Beach Gardens to assist in the provision of urban
search and rescue services for the South Florida Urban Search and Rescue Task Force;
and
WHEREAS, the original term of the Agreement ended on December 31, 2005;
therefore, an amendment to the agreement is necessary; and
WHEREAS, the City desires to continue to assist in the provision of urban search
and rescue services by participating in the South Florida Urban Search and Rescue Task
Force; and
WHEREAS, such First Amendment and Extension to the Memorandum of
Agreement 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 approves the First Amendment and Extension
to Memorandum of Agreement for Participating Agencies and hereby authorizes the Mayor
and City Clerk to execute the Agreement on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 14, 2006
Resolution 28. 2006
1 PASSED AND ADOPTED this day of , 2006.
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CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR
VICE MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
13 BY:
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Patricia Snider, CMC, City Clerk
-- AYE NAY ABSENT
G:bttorney-share\RESOLUTIONS\Fire Rescue MOA-first amendment - reso 28 2006.doc
2
FIRST AMENDMENT AND EXTENSION
TO MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This First Amendment and Extension Agreement is entered into this day of
,2006, by and between the City of Miami, a municipal corporation of the
State of Florida (hereinafter referred to as the “Sponsoring Agency”), and Palm Beach Gardens, a
municipal corporation of the State of Florida; by and through its City Council (hereinafter
referred to as the “Participating Agency”).
RECITALS:
WHEREAS, the Sponsoring Agency and the Participating Agency, have entered into an
Agreement dated September 1 4th, 2004, setting forth the agency’s responsibilities in connection with
the development and support of a local Urban Search and Rescue Task Force and coordinated by the
City of Miami Department of Fire-Rescue, with all costs to be reimbursed by State and Federal
funding sources; and
WHEREAS, the original term of Agreement will end on December 3 1,2005, at which time
the parties may agree to renew the association; and
WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency’s ability to
conform with procedures, training and equipment standards as prescribed by FEMA; and
WHEREAS, the amendments of the Agreement may be modified or amended only with the
written agreement of each of the parties; and
WHEREAS, the parties at this time desire to amend and extend the performance period of the
Agreement until such time as a new Memorandum of Agreement is developed by FEMA and signed
by the Federal Emergency Management Agency (FEMA), the State of Florida, and the City of Miami
(the “Sponsoring Organization”), or until terminated by any party upon 30 days of written notice.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
in this agreement, the Sponsoring Agency and Participating Agency hereby agree to amend the
Agreement as follows:
Section “VIII. CONDITIONS, AMENDMENTS, AND TERMINATION’ Paragraph G is
deleted in its entirety and amended to read:
G. This agreement shall be in force until such time as a new Memorandum of
Agreement is developed by FEMA and signed by FEMA, the State, and the sponsoring
organization, or until terminated by any party upon 30 days of written notice.
Except as specifically provided herein, all of the terms and conditions of the Agreement, shall
remain in force and effect throughout the extended term of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective officers duly authorized.
ATTEST:
Priscilla A. Thompson
City Clerk
ATTEST:
Patricia Snider
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS :
Jorge L. Fernandez, City Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE
PARTICIPATING AGENCY
ATTORNEY’S OFFICE
Christine L. Tatum, City Attorney
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Joe Arriola
City Manager
PARTICIPATING AGENCY
CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida
By:
Joseph R. Russo
Mayor
APPROVED AS TO INSURANCE
REQUIREMENTS :
Dania Carrillo, Administrator
Risk Management Division
FIRST AMENDMENT AND EXTENSION
TO MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This First Amendment and Extension Agreement is entered into this day of
, 2006, by and between the City of Miami, a municipal corporation of the
State of Florida (hereinafter referred to as the “Sponsoring Agency”), and Palm Beach Gardens, a
municipal corporation of the State of Florida; by and through its City Council (hereinafter
referred to as the “Participating Agency”).
RECITALS:
WHEREAS, the Sponsoring Agency and the Participating Agency, have entered into an
Agreement dated September 1 4‘h, 2004, setting forth the agency’s responsibilities in connection with
the development and support of a local Urban Search and Rescue Task Force and coordinated by the
City of Miami Department of Fire-Rescue, with all costs to be reimbursed by State and Federal
funding sources; and
WHEREAS, the original term of Agreement will end on December 3 1 , 2005, at which time
the parties may agree to renew the association; and
WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency’s ability to
conform with procedures, training and equipment standards as prescribed by FEMA; and
WHEREAS, the amendments of the Agreement may be modified or amended only with the
written agreement of each of the parties; and
WHEREAS, the parties at this time desire to amend and extend the performance period of the
Agreement until such time as a new Memorandum of Agreement is developed by FEMA and signed
by the Federal Emergency Management Agency (FEMA), the State of Florida, and the City of Miami
(the “Sponsoring Organization”), or until terminated by any party upon 30 days of written notice.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
in this agreement, the Sponsoring Agency and Participating Agency hereby agree to amend the
Agreement as follows:
Section “VITI. CONDITIONS, AMENDMENTS, AND TERMINATION” Paragraph G is
deleted in its entirety and amended to read:
G. This agreement shall be in force until such time as a new Memorandum of
Agreement is developed by FEMA and signed by FEMA, the State, and the sponsoring
organization, or until terminated by any party upon 30 days of written notice.
Except as specifically provided herein, all of the terms and conditions of the Agreement, shall
remain in force and effect throughout the extended term of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective officers duly authorized.
ATTEST:
Priscilla A. Thompson
City Clerk
ATTEST:
Patricia Snider
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS :
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Joe Arriola
City Manager
PARTICIPATING AGENCY
CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida
By:
Joseph R. Russo
Mayor
APPROVED AS TO INSURANCE
REQUIREMENTS:
Jorge L. Fernandez, City Attorney Dania Carrillo, Administrator
Risk Management Division
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE
PARTICIPATING AGENCY
ATTORNEY’S OFFICE
Christine L. Tatum, City Attorney
City of Miami
Master Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
Resolution R-05-0713
File ID #: 05-01409
Version: 1 Controlling Office of the City
Body: Clerk
Enactment Date: 12/15/05
Status: Passed
Title:
Reference:
Name:
Requester:
Notes:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT AND EXTENSION TO THE SOUTH
FLORIDA URBAN SEARCH AND RESCUE TASK FORCE MEMORANDUM OF AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH EACH PARTICIPATING AGENCY, AS STATED IN
"EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF EXTENDING THE
PERFORMANCE PERIOD BEYOND DECEMBER 3 1,2005, UNTIL A NEW MEMORANDUM OF
AGREEMENT IS DEVELOPED AND SIGNED BY THE FEDERAL EMERGENCY MANAGEMENT
AGENCY, THE STATE OF FLORIDA AND THE CITY OF MIAMI OR UNTIL TERMINATED BY ANY
PARTY UPON 30 DAYS WRITTEN NOTICE.
Introduced: 11/21/05
First Amendment & Extension to USAR Task Force Memorandum of Agreement
Department of
Fire-Rescue
cost: Final Action: 12/15/05
Sections:
Indexes:
Attachments: 05-01409 Legislation.pdf, 05-01409 Exhibit l.pdf, 05-01409 Exhbit 2.pdf; 05-01409 Exhibit 3.pdf, 05-01409
Exhibit 4.pdf, 05-01409 Mibit 5.pdf, 05-01409 Exhibit 6.pdf, 05-01409 Exhibt 7.pdf, 05-01409 Exhibit 8.pdf,
05-01409 Exhibit 9.pdf, 05-01409 Exhilit lO.pdf, 05-01409 Ewhibit 1 l.pdf, 05-01409 Summary Form.pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
1 Ofice of the City 12/14/05 Reviewed and
AttF- Approved
1 City Commission 12/15/05 ADOPTED
This Matter was ADOPTED on the Consent Agenda.
Aye: 5 - Angel Gonzhlez, Johnny L. Winton, Joe Sanchez, Tomas Regalado and Michelle Spence-Jones
1
City of Miami Page 1 Printed on 1/5/2006
1 Office of the Mayor 12/20/05 Signed by the Mayor Office of the City
Clerk
1 Office of the City Clerk 12/21/05 Signed and Attested by
City Clerk
City of Miami Page 2 Printed on 1/5/2006
City Hell
3500 Pen American
Drive Mlami, FL 33133
www.ci.rnlerni.fl.us
City of Miami
Legislation
Resolution R-05-0713
File Number: 05-01409 Finel Action Date; 1 2 / 1 5 / 0 5
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT AND
EXTENSION TO THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK
FORCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH EACH PARTICIPATING AGENCY, AS STATED IN "EXHIBIT A,"
ATTACHED AND INCORPORATEDJ FOR THE PURPOSE OF EXTENDING THE
PERFORMANCE PERIOD BEYOND DECEMBER 31,2005, UNTIL A NEW
MEMORANDUM OF AGREEMENT IS DEVELOPED AND SIGNED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA
AND THE CITY OF MIAMI OR UNTIL TERMINATE0 BY ANY PARTY UPON 30
DAYS WRITTEN NOTICE.
WHEREAS, the South Florida Urban Search and Rescue (YJSAR") Task Force, FL TF 2, is funded
annually by the Federal Emergency Management Agency (IIFEMA'I) for the operation of its program;
and
WHEREAS, since 1993, the City of Miami ("City") Department of Fire-Rescue has successfully
sponsored the existing South Florida USAR Task Force, FL TF 2; and
WHEREAS, pursuant to Resolution No. 01 -484, adopted May 24, 2001 , and Resolution No. 05
0212, adopted April 14, 2005, the City Manager entered into Memorandum of Agreements
("Agreements") with participating agencies setting forth the agencies' responsibilities In connection with
the development and support of a local USAR Task Force coordinated by the City Department of
Fire-Rescue with all costs to be reimbursed by State and Federal funding sources; and
WHEREAS, as the sponsoring agency of the South Florida USAR Task Force, FL TF 2, the City
Department of Fire-Rescue has a desire to extend the performance period of the Agreements, with
participating agencies listed in "Exhibit A," attached and incorporated, beyond the Agreement
expiration date of December 31 , 2005, until such time as a new Agreement is developed and signed by
FEMA, the State of Florida and the City or until terminated by any party upon 30 days written notice;
and
WHEREAS, this extension is necessary to continue without interruptlon the operatlon of the South
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
Florida USAR Task Force Program;
FL OR1 DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
Section 2. The City Manager is authorized {I} to execute a First Amendment and Extension to the
reference and incorporated as if fully set forth in this Section.
Ciw of Miad Page I of 2 Printed On: 12/y2OOS
File Numbec 05-01409
South Florida USAR Task Force Agreement, in substantially the attached form, with each participating
agency, as stated in "Exhibit A," attached and incorporated, for the purpose of extending the
performance period beyond December 31,2005, until a new Agreement is developed and signed by
FEMA, the State of Florida and the City or until terminated by any party upon 30 days written notice.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2)
APPROVED AS TO FORM AND CORRECTNESS%
Footnotes :
(1) The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, if shall become effective
immediately upon override of the veto by the City Commission.
FIRST AMENDMENT AND EXTENSlON
TO MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This First Amendment and Extension Agreement is entered into this day of
-2OO-, by and between the City of Miami, a municipal cop%tion of the
State of Florida (hereinafter referred to as the “Sponsoring Agency”), and the
, (hereinafter referred to as the “Participating
Agency”).
RECITALS:
WHEREAS, the Sponsoring Agency and the Participating Agency, have entered into an
Agreement dated setting forth the agency’s responsibilities in
connection with the development and support of a local Urban Search and Rescue Task Force
and coordinated by the City of Miami Department of Fire-Rescue, with all costs to be reimbursed
by State and Federal funding sources; and
WHEREAS, the original term of Agreement will end on December 31, 2005, at which
time the parties may agree to renew the association; and
WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency’s ability lo
conform with procedures, training and equipment standards as prescribed by FEMA; and
EREAS, the amendments-of the-Agreemen
greement of each of the parties; and
be modified or amended only with
EREAS; tlie p3fijes-af fhjs time-desiriilci- a and extend tbi performance period
ment until such time as a new Memorandum of Agreement is developed by FEMA
and signed by the Federal Emergency Management Agenky (FEMA), the State of Florida, and
the City ,of Miami (the “Sponsoring Organization”), or 1 terminated by any P~Y upon 30
NOW, THEREFORE, in consideration of the going and the mutual covenants
contained in this agreement, the Sponsoring Agency and Participating Agency hereby agree to
amend the Agreement as follows:
Section “VIII. CONDITIONS. AMENDMENTS. AND TERMMATION” Paragraph
G is deleted in its entirety and amended to rea
G. This agreement shall be in force until such time as a new Memorandum of
Agreement is developed by FEMA and signed by FEMA, the State, and the
sponsoring organization, or until terminated by any party upon 30 days of written
notice.
I
.
Except as specifically provided herein, all of the terms and conditions of the Agreement,
shall remain in force and effect throughout the extended term of the Agreement.
M WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
.I . by their respective officers duly authorized, ..
ATTEST: SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
- By:
Priscilla A. Thompson Joe Arriola
City Clerk City Manager
ATTEST: PARTICIPATING AGENCY
-- __ . - -_
APPROVED AS TO FORM AND
CORRECTNESS: REQUIREMENTS:
APPROVED AS TO INSURANCE
Jorge L. Femasdez, City Attorney Dania Carrillo, Administrator
Risk Management Division
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE
PARTICIPATING AGENCY
ATTORNEY’S OFFICE
Name:
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Date Prepared: March 17.2004
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RESOLUTION 87,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MEMORANDUM OF
AGREEMENT FOR PARTICIPATING AGENCIES BY AND BETWEEN
THE CITY OF MIAMI AND THE CITY OF PALM BEACH GARDENS;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to assist in the provision of urban search and rescue
services by participating in the Federal Urban Search and Rescue Task Force Two; and
WHEREAS, the City believes that such participation is in the best interests of the
public health, safety, and welfare of the citizens and residents of the City of Palm Beach
Gardens; and
WHEREAS, such agreement 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 approves the Memorandum of Agreement for
Participating Agencies and hereby authorizes the Mayor and City Clerk to execute the
Agreement on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: March 17,2004
Resolution 87,2004
1 PASSED AND ADOPTED this Igday of We’ IL ,2004. 2
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9 ATTEST:
CITY OF PALM BEACH GARDENS, FLORIDA
-A
BY:
vn, M$or W
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17 LEGAL SUFFICIENCY
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APPROVED AS TO FORM AND
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20 BY:
21 Christine P. Tatum, City Attorney
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25 VOTE:
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-- AYE NAY ABSENT
27 MAYOR JABLIN L-- 28
29 VICE MAYOR RUSSO
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31 COUNCILMEMBER CLARK ---
33 COUNCILMEMBER DELGADO --- /
35 COUNCILMEMBER LEVY --- J
G:bttorney-share\RESOLUTlONS\Flre Rescue MOA - reso 87 2004.d~~
2
d
WILLIAM W. BRYSON
Fire Chief
May 12,2005
Ms. Patricia Snider
City Clerk
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410-4698
Dear Ms. Snider:
I’m please to enclose a fully executed Agreement between the City of Miami and the City
of Palm Beach Gardens, on behalf of its Fire Rescue Department for participation in the
South Florida Urban and Rescue (US&R) Task Force, FL TF2 (the “Task Force’’)
Program.
If you have any questions or concerns, please feel free to contact Lt. Joseph Zahralban,
Urban Search and Rescue Coordinator at (305) 416-5472.
Sincerely,
Virgil Fernandez
Assistant Chief
VF/jam
Enclosures
c: Priscilla A. Thompson, City Clerk
Roland C. Galdos, Assistant City Attorney
Joseph Zahralban, Urban Search and Rescue Coordinator
Files
DEPARTMENT OF FIRE-RESCUE
444 S.W. 2nd Avenue Miami, FL 331 30 / (305) 41 h-1600 /Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
JOE ARRIOLA
City Manager
MEMORANDUM OF AGREEMENT
FOR
FOR PARTICIPATING AGENCIES
This Agreement is entered into this ! q7‘ day of Sf5fTbeEa 2004, by and between the City of Miami, a municipal corporation of the State of Florida, (the
“Sponsoring Agency”) and Palm Beach Gardens, a municipal corporation of the State of
Florida; by and through its City Council (the “Participating Agency”).
RECITALS
WHEREAS, the Sponsoring Agency is the coordinating and sponsoring agent of
the South Florida Urban Search and Rescue (US&R) Task Force, FL TF2 (the “Task
Force”); and
WHEREAS, as the Sponsoring Agency is responsible for mobilization of the
Task Force, when the Task Force is activated by the Federal Emergency Management
Agency (“FEMA); and
WHEREAS, the City Commission of the City of Miami, by Resolution No. 01-484,
adopted on May 24, 2001, has authorized the City Manager to enter into this
Agreement with each Participating Agency on behalf of the City of Miami; and
WHEREAS, in executing this Agreement, the City of Miami is acting in its
capacity as Sponsoring Agent of the Task Force and not as a direct employer of the
Participating Agency; and
WHEREAS, the Sponsoring Agency wishes to engage the services of the
Participating Agency to provide certain services to the Task Force; and
WHEREAS, the Participating Agency possesses the necessary knowledge,
equipment, resources and expertise to perform the services herein required;
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follows:
1. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agency for Urban Search and Rescue activities under the search and
rescue function delineated in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, P.L. 93-288, as amended, Sec. 403(A)(3)(b).
8
I
6.
II.
A.
8.
111.
A.
B.
C.
D.
E.
F.
G.
H.
I.
This Agreement serves to implement the Scope of Work of the Cooperative
Agreement between FEMA and the Sponsoring Agency.
SCOPE
The provisions of this Agreement apply to National US&R Response System
activities performed at the request of the Federal government, provided at the
option of the Sponsoring Agency, and in conjunction with, preparation for, or in
anticipation of, a Presidential declaration of a major disaster or emergency.
No provision in this Agreement limits the activities of the Task Force or its
Sponsoring Agency in performing local and state functions.
DEFINITIONS
Activation: The status of a System asset placed at the direction, control, and
funding of FEMA in response to, or in anticipation of, a Presidential declaration of
a major disaster or emergency.
Activation Order: The FEMA notice that places a System asset onto activation
status.
m: A state of increased readiness initiated by an Alert Notice.
Alert Notice: The FEMA notice that places a System asset onto alert status or that
an event has occurred or is expected to occur such that System resources may be
subject to activation.
Deactivation: The removal of a System asset from activation status.
Demobilization Order: The FEMA notice that disengages a System asset from an
incident and specifies relevant information regarding activation status such as task
force personnel rehabilitation time.
DeDlovment: Mobilization of a Task Force, IST, or other System resource pursuant
to an Activation Notice.
Disaster Assistance EmDlovee (DAE): An individual hired to augment permanent
full-time FEMA personnel in disaster operations in the field.
Disaster Medical Assistance Team (DMAT): A functional unit activated under the
National Disaster Medical System (NDMS), a program of the United States Public
Health Service (PHS), Office of Emergency Preparedness (OEP). The six-person
Medical Team deployed as part of the Task Force is classified as a specialty
DMAT.
2
.
J.
K.
Emeraencv Information and Coordination Center [EICC): The facility used by the
Emergency Support Team at FEMA Headquarters during or in anticipation of a
Presidential Major Disaster or Emergency Declaration.
Emerqencv Procurement: Upon Activation, the purchase by the Task Force of
equipment, food and other consumables, and medicines and pharmaceuticals
essential to the Urban Search and Rescue mission under the authority of the
Stafford Act, Sec. 306(b)(3).
L. Emeraency Response Team (ERT): The interagency group that provides
administrative, logistical, and operational support to the FEMA regional response
activities in the field, The ERT includes an ESF-9 cell, which consists of the ESF-9
Leader and the IST, and supporting Federal agency representatives, as required.
M. Emerqencv Su~~ort Function (ESF): Pursuant to the Federal Response Plan, the
primary mechanism through which Federal disaster assistance is provided to
assist the State in meeting response requirements in an affected area. Each ESF
is coordinated by a primary agency. FEMA is the primary agency for ESF #9 -
Urban Search and Rescue.
N. Emeraencv Support Team (EST): Pursuant to the Federal Response Plan, an
interagency group comprised of representatives from each of the primary
agencies, select support agencies, and FEMA Headquarters staff. It operates
from the FEMA EICC.
0.
P.
Q.
EauiDment Cache: Equipment on the US&R Equipment Cache List that a Task
Force is required by FEMA to possess.
Eauipment Cache List: The FEMA-approved inventory list of equipment by type
and quantity a Task Force is required to possess for operations.
Federal Emeraencv Manaaement Aqencv [FEMA): Pursuant to P.L. 93-288, as
amended, the Federal agency responsible for coordinating Federal assistance to
State@) affected by disasters or emergencies, which includes the development
and maintenance of the National Urban Search and Rescue Response System.
R.
S.
T.
FEMA Reaion: The geographical subdivision of the United States through which
FEMA administers its programs; the FEMA administrative unit that is the primary
contact for any disaster occurring within that geographical subdivision.
FEMA-Sanctioned Trainina or Exercise: A training session or exercise that has
received FEMA sanction and is sponsored by an organization other than FEMA.
FEMA-Sponsored Training or Exercise: A training session or exercise arranged for
and financed by FEMA, delivered either by FEMA or by another organization.
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.
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.
U.
V.
w.
X.
Y.
Z.
AA.
BB.
cc.
DD.
EE.
Federal Coordinatinq Officer (FCO): The person appointed by the President to
coordinate the Federal disaster assistance activities in each State in which a
disaster or emergency has been declared.
Federal Response Plan (FRP): Pursuant to P.L. 93-288, and as amended, the
document that establishes the framework for the provision of Federal assistance to
a State and its affected local governments.
Incident Commander: The person, usually from the local jurisdiction, who is
responsible for overall management of an incident.
Incident Sup~ort Team (ET): An element of the ESF-9 cell of the ERT that is
under the direction of the ESF-9 Leader (a FEMA Regional or Headquarters
employee acting as the authorizing official for ESF-9 expenditures). The IST is
responsible for the overall command and control of all National Urban Search and
Rescue Response System assets deployed for the incident.
Mobilization: The movement of system assets to an incident.
National Disaster Medical Svstem (NDMS): A cooperative effort of the Department
of Health and Human Services (HHS), Department of Defense (DoD), Department
of Veterans Affairs (VA), FEMA, State and local governments, and the private
sector that is designed to care for a large number of casualties resulting from
either a domestic disaster or an overseas war. The Public Health Services (PHS)
heads the program.
National Urban Search and Rescue Response Svstem (Svstem): The Task
Forces, Incident Support Teams, Rapid Needs Assessment Team elements, and
other personnel and technical teams that respond to disasters or emergencies
under the direction and control of FEMA as Emergency Support Function 9 of the
Federal Response Plan.
Participating Agency: Palm Beach Gardens, a municipal corporation of the State
of Florida.
Point of Assemblv (POAL The Miami Fire Rescue Training Center located at 3425
Jefferson Street, Miami, Florida 33133. However, this may change at the
discretion of the Task Force Leader.
Point of DeDadure (POD): Is currently identified as the Homestead Air Reserve
Station (HARS) located in Homestead, Florida. However, this is subject to change
by FEMA or the Task Force Leader.
Presidential Maior Disaster or Emerqencv Declaration: A determination of the
President that Federal assistance is needed to supplement State and local efforts,
and CaDabilities to save lives and protect Dropertv and Dublic health and safetv or
4
to lessen or avert the threat of a catastrophe in any part of the United States.
FF. Rapid Needs Assessment (RNA): A pre-designated team of technical experts from
Federal, State, and local emergency management agencies alerted and employed
under the command and control of FEMA to augment or supplement State and
local assessment capabilities.
GG. Svstem: See National Urban Search and Rescue Response System.
HH. Task Force: An integrated collection of personnel and equipment meeting
standardized capability criteria, defined by FEMA, for addressing the special needs
or urban search and rescue.
II. Urban Search and Rescue (US&R): The process of searching for, extricating, and
providing for the immediate medical treatment of victims trapped in collapsed
structures, regardless of cause.
IV. THE SPONSORING AGENCY’S RESPONSlBlLlTY
A. Providing an administrative department, which shall be the City of Miami Fire-
Rescue Department, authorized to carry out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Recruiting, organizing, coordinating, and training members for the Task Force,
according to guidelines prescribed by FEMA, to the best of their ability.
C. Registering and qualifying all medical personnel on the Task Force through the
U.S. Public Health Service (PHS).
D. Implementing a system to maintain and account for the Task Force Equipment
Cache.
E. Providing administrative, financial, and personnel management for the Task Force
to the extent that funding is available.
F. Assure all Task Force members have a FEMA-recognized employment status.
G. Purchasing equipment with FEMA funding according to the latest Equipment
Cache List or other equipment deemed necessary to perform day-to-day
operations of the task force.
H. Ensuring all personal task force equipment issued to Task Force members
remains the property of the Sponsoring Agency.
I. Notifying FEMA when there is a change in the deployment status of the Task
Force.
5
J.
K.
W.
A.
B.
C.
D.
E.
F.
G.
H.
Maintaining 24-hour Task Force alert capabilities, including a 24-hour phone
number and point-of-contact. This is identified as the City of Miami Fire Central
Information Officer (FCIO) contacted through 305-579-6245 voice and 305-579-
6277 fax.
Ensuring the Participating Agency is provided with a complete list of all equipment
issued by the Sponsoring Agency to each Task Force member from the
Participating Agency, including updates which indicate added, deleted, or modified
equipment.
PARTlCl PATI NG AGENCY’S RES PON S I BI LlTY
Implementing a written policy and practicing a reporting procedure for Participating
Agency personnel, with the objective of notifying the Sponsoring Agency of
individuals responding from their organization to the Miami Fire-Rescue Training
Center when the task force is mobilized.
Faxing a list identifying deploying and non-deploying personnel from the
Participating Agency that are responding to the Miami Fire-Rescue Training
Center. The fax number is: 305-445-5183. This list shall be faxed within 30
minutes of the Task Force Activation and thereafter as changes are made.
Assuring Participating Agency personnel meet FEMA Position Description general
requirements and Sponsoring Agency specific minimum requirements prior to
submitting application for Task Force membership.
Authorizing Task Force personnel from its organization to continue to participate in
training opportunities provided by the Sponsoring Agency to meet the Knowledge,
Skills, and Abilities for their primary position on the task force.
Providing and maintaining a current Labor Contract on file with the Sponsoring
Agency.
Providing a current benefit percentage calculation for regular and overtime and an
acceptable written justification of this percentage on file with the Sponsoring
Agency.
Task Force personal equipment issued by the Sponsoring Agency to the
Participating Agency team member lost, damaged, stolen, or not returned when
requested, shall be replaced by and at the expense of the Participating Agency.
Within 30 days after the completion of a mission, the Participating Agency shall
provide, to the extent permitted by law, payroll, time sheets, and other
administrative documentation identified by the Sponsoring Agency for activated
Participating Agency team members to assure appropriate and timely
reim bursernent.
6
I.
J.
K
L.
VI.
A.
B.
C.
D.
Extending workers’ compensation protection to its personnel while participating in
Sponsoring Agency sanctioned training or cache maintenance activities while on or
off duty.
Designating a primary coordinator and ensuring this coordinator has an Electronic
Mail (e-mail) address to expedite distribution of US&R-related information.
Assuring that all rostered task force members are provided the following baseline
rned icine screen ing/surveil lance:
a) Annual physical exam (per 29 CFR 1910.134).
b) Annual medical questionnaire with assessment by physician (per 29 CFR
1910).
Notifying the Sponsoring Agency when a Task Force Member is unavailable for
longer than 21 days due to injury, illness, departmental disciplinary action, or any
other legal proceeding.
THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
That funding acquired and identified for the purchase of Task Force equipment and
Task Force member training will be administered solely by the Sponsoring Agency.
That the Sponsoring Agency is not responsible for personnel salaries, benefits,
workers’ compensation, or time-related issues of the Participating Agency
personnel other than reimbursement from the Federal Emergency Management
Agency.
That the Sponsoring Agency and Participating Agency are state agencies or
subdivisions as defined in Chapter 768.28, Florida Statutes, and each party agrees
to be fully responsible for the respective acts and omissions of its agents or
employees to the extent required and permitted by law. Nothing herein is intended
to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any
manner arising out of this Agreement or any other contract. To the extent
permitted by law, each party shall indemnify, defend, and hold harmless the other
party against any action, claim, or damages arising out of their respective negligent
acts or omissions in connection with this Agreement.
That personnel operating under this Agreement may be subject to discipline by the
Sponsoring Agency for violation of the Sponsoring Agency guidelines.
7
~~
.
VII.
A.
B.
C.
D.
E.
FINANCIAL AGREEMENTS
The Participating Agency shall pay its participating team members in accordance
with its local payroll requirements, labor contracts, or any other relevant ordinances
or procedures of the Participating Agency.
The Participating Agency will be eligible for reimbursement from FEMA for all
allowable expenses, including personnel costs associated with an Alert, Activation,
and/or Demobilization. This will include the straight-time wages, overtime, and
benefits as authorized by FEMA.
The Participating Agency is eligible to hire overtime personnel on a one-to-one
basis to backfill for a deployed team member. Reimbursement shall be only for the
overtime portion of the salary of personnel used to backfill for activated team
members during the identified activation period. No benefit percentage shall be
calculated for backfill personnel.
Sponsoring Agency shall be responsible for processing through FEMA
reimbursement of the Participating Agency’s allowable costs and expenses and for
promptly paying all such reimbursement money to the Participating Agency.
All obligations and financial commitments in this Agreement are made subject to
the availability of funds and the continued mutual agreements of the parties.
VIII. CONDITIONS, AM EN DME NTS, AND TERM IN AT ION
A.
B.
C.
D.
The Parties will not illegally discriminate against any employee or applicant for
employment on the grounds of race, color, religion, sex, age, national origin,
disability, marital status, or sexual orientation in fulfilling any and all obligations
under this Agreement.
Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
This Agreement may be modified or amended only with the written agreement of
each of the parties.
This Agreement may be terminated by either party on 30 days’ written notice to the
other party.
8
E.
F.
G.
IX.
A.
B.
C.
D.
This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to the Agreement
has executed at least one original copy of the Agreement and has transmitted a
copy of the signature page hereof to the other parties.
This Agreement will end on December 31, 2005, at which time the parties may
agree to renew the association. Renewal will be based on evaluation of the
Sponsoring Agency’s ability to conform with procedures, training, and equipment
standards as prescribed by FEMA.
ATTACHMENTS
Participating Agency’s Labor Contract, Personnel Pay, and Benefits Schedule.
U.S. Public Health Service (PHS) / Specialized DMAT MOU.
FEMA Memorandum of Agreement.
FEMA Code of Conduct.
9
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Priscilla A. Thompson /
IN WITNESS WHEREOF, the patties have executed this Memorandum of
Agreement this /G"" day of MAY ,2005.
Joe Arriola \
SPONSORING AGENCY
CITY OF MIAMI, a municipal corporation
of the State of Florida
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
REQUIREMENTS:
' f. &&&J ~~J+$O$L
Administrator, Risk Management Division
PARTICIPATING AGENCY
CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida
ATTEST:
BY: mb By:
Patricia Snider, City C rk
APPROVED AS TO FORM AND
LEGAL S U FFI CI ENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-shareUGREEMENTS\MEMORANDUM OF AGREEMENT - fire rescue.doc
10
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 21,2006
Meeting Date: March 16, 2006
Resolution 31, 2006
Su bject/Agenda Item:
Purchase award to Wesco Turf Supply, Inc. in the amount of $91,456.53 for replacement
of parks sports turf maintenance equipment via an existing State of Florida Contract No.
[ x ] Recommendation to APPROVE
51 5-630-03-1.
I1 Recommendation to DENY
Reviewed by:
City Attorney
ul
7Tyi n is t ra tor
Community ServW
Administrator
Department
Administrator
City pR"FZ9-3 anager
Originating Dept.:
Community Services
Mike Kelly luur>lc
Parks Director
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ 3 Notified
[ x ] Not required
Costs: $91,456.53
(Total)
$91,456.53
Current FY
Funding Source:
General Fund
[ x ] Operating
[ ]Other
Budget Acct.#:
001.2080.51 9.6400
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 31, 2006
[ ]None
Date Prepared: February 21,2006
Meeting Date: March 16, 2006
Resolution 31, 2006
BACKGROUND: The City of Palm Beach Gardens Parks Division requires daily use of
specific equipment in order to safely and efficiently maintain sports turf and grounds. The
existing equipment has become worn, and is expensive to repair and maintain. The
following is a request for a purchase award to Wesco Turf Supply, Inc. in the amount of
$91,456.53 for parks sports turf maintenance equipment, which will be replacing this aging
equipment. This purchase will be made based on pricing from an existing contract with the
State of Florida, contract no. 51 5-630-03-1. If approved, the following equipment will be
purchased:
$5,471.38 Tor0 Model 687 Aerator with 6 inch Slicing Blades
$11,218 Tor0 Infield Pro 5020
$1 9,779.23 Tor0 Versa Vac Model 07053
$1 6,827.46 Tor0 Groundsmaster 3280-D Rotary Trim Mower
$1 6,827.46 Tor0 Groundsmaster 3280-D Rotary Trim Mower
$21,333 Tor0 Groundmaster 3505-D Fine Cut Rotary Mower
These equipment items provide the latest in technology and efficiency. The equipment
replaces existing equipment ranging in age from five to 15 years old, and requires a high
volume of maintenance and repairs.
Currently, an aerator is rented when maintenance is needed, which is estimated at $1,200
annually. By purchasing an aerator, this will provide opportunity to increase the number of
times aeration can occur without affecting programs and field use, and save the City
approximately $2,400 per year.
The Infield Pro is needed to replace a 10 year old piece of equipment, which is used on a
daily basis. It is used for basic field grooming as well as major renovation projects.
The Tor0 Versa Vac replaces a 12 year old piece of equipment, and will be used on all City
sports fields. This piece of equipment serves dual roles as a verticut machine as well as to
collect sod debris that can be re-used for turf replacement and growth.
The two Tor0 Groundsmaster 3280-0 Rotary Trim Mowers will replace two (2) Z Trac
mowers used for common area mowing at Oaks Park, Lake Catherine Lakeside Park,
Gardens Park swale areas, and PGA National Park fields. Both Z Trac mowers are over
eight years old and used extensively.
The Tor0 Groundmaster 3505-D Fine Cut Rotary Mower replaces a Tor0 580, which is
approximately 15 years old, and is used on all City sports fields.
STAFF RECOMMENDATION: Approve Resolution as presented.
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RESOLUTION 31,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO WESCO
TURF SUPPLY, INC. FOR THE PURCHASE OF VARIOUS SPORTS
TURF MAINTENANCE EQUIPMENT IN AN AMOUNT NOT TO EXCEED
$91,456.53 VIA AN EXISTING CONTRACT WITH THE STATE OF
FLORIDA NO. 515-630-03-1 ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessary to replace worn and ineffective maintenance equipment
with new and improved technology to best prepare safe and maintained fields and parks;
and
WHEREAS, it is necessary to purchase equipment with multiple-use capability for
the diverse inventory of sports fields and parks; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received a quote from Wesco Turf Supply, Inc. in an
amount not to exceed $91,456.53, a copy of which is attached hereto as Exhibit “A”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to award
a contract to Wesco Turf Supply, Inc. based on an agreement executed by the State of
Florida effective June 9, 2003, a copy of which is attached hereto as Exhibit “B”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a contract to Wesco Turf Supply, Inc.
for the purchase of various sports turf maintenance equipment in an amount not to exceed
$91,456.53 via an existing contract with the State of Florida No. 51 5-630-03-1,
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 21,2006
Date Prepared: February 21, 2006
Resolution 31, 2006
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PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
ATTEST:
BY:
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
VICE MAYOR ---
COUNCILMEMBER ---
COUNCILMEMBER ---
COUNCILMEMBER ---
---
\\Pbgsfile\AttorneyMtorney-share\RESOLUTlONS\Wesw Turf Supply Reso 31 2006.doc
2
Date Prepared: February 21,2006
Resolution 31, 2006
Exhibit A
1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
January 26,2006
Attn.: Mr. Mike Kelly
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Fad 561-775-1000
Dear Mr. Kelly:
We are pleased to offer the enclosed quotation for your consideration.
The enclosed quotation is based upon your acceptance within thuty days (30) from
the date of this letter and is subject to manufacturer's availability and Florida State
Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit
approval, Net 30 Days.
Thank you for the opportunity to provide you a quotation. If you have any questions or
require additional information, please contact me at (954) 429-3200 Extension 3 10. We
appreciate your interest and look forward to doing business with you.
Sincerely,
HECTOR TURF
Chris Fordney
Account Representative
Government md Municipalities
CF:jac
Enclosure
1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
Quotation Provided for
City of Palm Beach Gardens
January 26,2006
Pricing per Florida State Contract ## 515.630-03-1
Effective 6/9/03 - 5/20/06
Note:
P Issue purchase order to Wesco Turf Supply, Inc.
P Shipment and service via Hector Turf
Provided by: Chris Fordney
954-429-3200
Feb 17 06 03:55p JANE CRITCHILOW
Qty.
1 ea
954-725-670 1 P.3
Model# Description Unit Price Extension
08886 Toro Infield Pro 5020 with: S l4,200.00 $14,200.00 - 18 HP Gasoline Engine - 3 Wheel Drive Series
Parallel Transmission
TEL: (954) 429-3200 FAX: (954) 360-7657 i I \ ,;-, .: i‘
Florida State Contract Discount
Quotation Provided for
City of Palm Beach Gardens
(2.982.001
February 17,2006
Total I $11,218.00
Pricing per Florida State Contract # 515-630-03-1
Effective 6/9/03 - 5/20/06
Note: > Issue purchase order to Wesco Turf Supply, Inc. > Shipment and service via Hector Turf
1 1301 N.W. THIRD STREET / DEERFIELD BEACH. FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
Quotation Provided for
City of Palm Beach Gardens
January 26,2006
Pricing per Florida State Contract # 515-630-03-1
Effective 6/9/03 - 5/20/06
Note: > Issue purchase order to Wesco Turf Supply, Inc.
9 Shipment and service via Hector Turf'
Provided by: Chris Fordney
(954) 429-3200
i
1301 N.W. THIRD STREET1 DEERFIELD BEACH, FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
Quotation Provided for
City of Palm Beach Gardens
January 26,2006
I Pricing per Florida State Contract # 515-630-03-1 1
Note: > Issue purchase order to Wesco Turf Supply, Inc. > Shipment and service via Hector Turf
Provided by: Chris Fordney
954-429-3200
1301 N.W. THIRD STREET / DEERFIELD BEACH. FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
Quotation Provided for
City of Palm Beach Gardens
January 26,2006
I Pricing per Florida State Contract # 515-630-03-1 1
Note: > Issue purchase order to Wesco Turf Supply, Inc. > Shipment and service via Hector Turf
Provided by: Chris Fordney
954-429-3200
1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL: (954) 429-3200 FAX: (954) 360-7657
1 ea
lea
Quotation Provided for
City of Palm Beach Gardens
30826 Tor0 Groundsmaster 3505-D Fine Cut $30,083.00
(6,3 17.43)
Subtotal $23,765.57
Tor0 Promotional Discount (2,707.57)
Total $21,058.00
SG-UN-TR Sunrmard CanoDv TOD $275.00
Rotary Mower
Florida State Contract Discount
January 26,2006
Ob. I Model# I DescriDtion I Unit Price I
I I I Grand Total I $21333.00 I
I Pricing per Florida State Contract # 515-630-03-1 I Effective: 6/9/03 - 5/20/06
Note:
B Issue purchase order to Wesco Turf Supply, Inc.
P Shipment and service via Hector Turf
Provided by: Chris Fordney
954-429-3200
Date Prepared: February 21, 2006
Resolution 31, 2006
EXHIBIT B
lawn Equipment
Effective: 6/9/2003 through 5/20,42006 '
Kate this contract w
Certification
Contract Administrator
Price Sheet
Ordering Instructions
Contract Documents
4I-lt.ns c 01npanj
4ri ens Company (Gravely)
Ilisbrcw Enterpnses, Inc
Evcel Industries, lnc.
E err1 s Industries, Inc
E lor-ida Outdoor Ecluipnient
Ciarden Serb ice and Sales, Inc
Gulf Coast 'Tractor and Equipment
John Ueere Coinpany
K i 1 pat ri ch Turf Eq ~i i pm e 11 t , 1 tic
Kut-Kwik Corporation
I,i\e Oah Lawn Suppl) Inc
Ylul vatiey 's. liic
Kobei-ts Supply, Ina
Sarlo Power Mowers, Inc
Stihl Southeast, Iiic
wesco n11-f sl~ppiy, 111c
- 1 d "J" UJ-I L,,aWll LyUrplllt;llL Page 1 of2
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http://www.state.fl.us/st_contracts/5 1563003 1 /
Contractors
61 1 212005
Page 1 of 2 VI\YL;IUlYU llY3 IRUL 11WlY3 .
ORDERING INSTRUCTIONS
x
CONTRACTOR:
SPURS VENDOR NUMBER: F522120964001
Please identify the person who will be responsible for administering the Contract on your behalf if
award is made, and include an emergency contact phone number:
Name: Brad Reano
Title: Vice President Sales
Street Address: 300 Technoloav Park. Lake Mary, FL 32746
E-mail Address:_brad reano@wtsuppl y corn-
Phone Number( s): 407-3 3 3 -3600 800-393 -3 3 66
Fax Number: 407-333-9246
If the person responsible for answering questions about the bid is different from the person identified
above, please provide the same information for that person.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s): - Fax Number:
Ordering Information:
Please provide the following information about where Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you may also
provide an Internet address.
Spurs Information Number: F522120964001
Name: Brad Reano
Title: Vice President Sales
Street Address or P.O. Box: 300 Technology Park
City, State, Zip: Lake Mary, FL 32746
Phone Number: 407-333-3600
Toll Free Number: 800-3 93-3 366
Ordering Fax Number: 407-333-9246
Internet Address: wtsupply@wtsuply corn-
Federal ID Number: 522 120964
Remit Address: 300 Technology Park
City, State, Zip: Lake Mary, FL 32746
NOTE: Duplicate as necessary for multiple ordering locations.
http://www.state. fl .us/st-contracts/5 1 563003 1 /order23 .htm 3/25/2005
PRICE SHEET
LAWN EQUIPMENT
4
PERCENT (%)
MANUFACTURER OR BRAND NAME: DISCOUNT
TOR0
Price Sheet Number and Date: Products 11-1-04
Discount to be used with Price List: ... ...... ......... ... ... _.. ..... . .. . . . . ......... .. .. 21% * (34
Parts Price List Number and Date:
Discount to be used with Parts Price List:
Parts List 1 1 - 1-04
0%
AttachmentdAccessory Price Sheet Number and Date: Optional Acces. 1 1 - 1-04
Discount to be used with Attachments/Accessory Price List: 15%
CONTRACTOR: Wesco Turf' Supply, Inc.
SALES PROMOTION PRICELIST & DATE: 2004-2005 Toro Landscape Contractor
Equipment Promotional Pricing, EFFECTIVE THROUGH MAY 20, 2005.
Discount: Varies by product line - contact Wesco.
(Rev 29 Oct 04
http://www.state.fl.us/st__contracts/5 1563003 1 /PRICE%20SEIEET.htm 3/25/2005
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 16,2006
Meeting Date: March 16, 2006
Resolution 33,2006
SubjecVAgenda Item: Agreement with Advanced Data Processing Incorporated for
the provision of Emergency Transport Third-party Billing Services.
[ X ] Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by' /
City Attor 4 y
Finance Director
Submitted by:
Peter T. Bergel, Fire
Chief
Department Director
~ ~~~
Originating Dept.:
Fire Rescue
C R Brown, Deputy
Chief
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
1 x 1 Not required
Costs: $ $60,000.00 -
$70,000.00 Annually
$30,000 - $35.000
Current FY
Funding Source:
[ XX ] Operating
[ ]Other
Budget Acct.#:
001.342.6000
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ I Denied
[ J Continued to:
Attachments:
Resolution 33, 2006
[ ]None
Date Prepared: February 16,2006
Meeting Date: March 16, 2006
Resolution 33,2006
BACKGROUND:
The Fire Rescue Department began transporting and billing for Advanced and Basic Life
Support Transport Services in 1995. The billing function has been completed in-house at
the Fire Rescue Department by a Billing Technician. Due to the increase in patient volume,
it is now necessary to outsource the majority of these processes to a billing service
provider.
Discussion:
In 1995, the Fire Rescue Department transported 1,952 patients with a net revenue of
$425,348.1 6. During the past fiscal year, the department transported 4,027 patients with
net revenues of $1,061,792.21. This increased call volume has caused a back up in the
system and created inefficiency in the billing program. In addition to the management of
patient accounts, the EMS Billing Technician also completes patient I legal medical records
requests and is the Fire Rescue HIPAA Compliance Officer. Once the billing provider is on
board, the in-house technician will continue to bundle and distribute (to the billing provider)
future paperwork for invoicing, continue maintenance of current accounts, fill records
requests, and provide HIPAA Compliance monitoring for the department.
An RFP was released, and six companies responded with proposals to deliver these
services. A Committee of Fire Rescue and Finance personnel reviewed the proposals and
identified Advanced Data Processing, Inc. (ADPI) as the best choice to provide transport
billing services. ADPI will provide billing services for all patients transported by the Fire
Rescue Department from the time of contract approval. These services will include
invoicing patients, monitoring payments, and following up with the patient and/or insurance
provider to ensure the highest possible collection rate. The ability of a provider using
numerous employees to collect funds will be an asset to the City, and in the presence of
recently adopted fees, will guarantee an increase of transport revenue. Any and all funds
that are owed to the City will be sent to a lock box at the bank of the City’s choice to ensure
the proper accounting and deposit of these monies. ADPI will also provide education to
Fire Rescue field providers to ensure that all information is collected as it relates to the
bil I ing process.
The ADPI proposal is for 7% of total collections and a flat rate (by law) of $7.00 for each
Medicaid Claim. This is estimated to be a total cost of between $60,000.00 and
$70,000.00, depending on collection rate and transport volume. The range of proposed
fees by way of RFP response was 5.50% to 9.50% with varying Medicaid Flat Rate
charges. ADPI was selected due to its overwhelming presence in the South Florida
market, experience level, and low cost.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 33,2006 to award a contract for EMS Transport
Third-party Billing Services to Advanced Data Processing, Inc. (ADPI).
Date Prepared: February 28, 2006
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RESOLUTION 33,2006
A RESOLUTION OF THE CITY COUNCIL OF
BEACH GARDENS, FLORIDA AWARDING
ADVANCED DATA PROCESSING, INC.
I. THE CITY OF PALM
A CONTRACT TO
FOR EMERGENCY
TRANSPORT THIRD-PARTY BILLING SERVICES; AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to contract for Emergency Transport Third-party Billing
Services; and
WHEREAS, the City issued a Request for Proposal (RFP Number 2005-016) for
Emergency Transport Third-party Billing Services, attached hereto as Exhibit “A”; and
WHEREAS, the City received a Proposal for Emergency Transport Third-party
Billing Services from Advanced Data Processing, Inc., attached hereto as Exhibit “B”; and
WHEREAS, the City wishes to enter into an agreement for Emergency Transport
Third-party Billing Services, attached hereto as Exhibit “C”, based on the Proposal
received from Advanced Data Processing, Inc.; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to award
a contract to Advanced Data Processing, Inc. to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a contract to Advanced Data
Processing, Inc. for Emergency Transport Third-party Billing Services and hereby
authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: February 28, 2006
Resolution 33, 2006
PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR
VICE MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\Fire Rescue- transport billing svcs- reso 33 2006.doc
2
SERVICE CONTRACTOR AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Advanced Data
Processing, Inc., a Delaware corporation (“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
Emergency Transport Third-party Billing Services in accordance with the City’s Request
for Proposal dated December 19, 2005, RFP Number 2005-016, and the Contractor’s
response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s Request for Proposal for
Emergency Transport Third-party Billing Services dated December 19, 2005, RFP
Number 2005-01 6 (“RFP”), and the Contractor’s Response to the Request for Proposal,
including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
Compensation to the Contractor shall be in accordance with Exhibit “A,” attached
hereto and incorporated herein.
ARTICLE 4. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City according to Section 2.17 of RFP
Number 2005-01 6.
B. Payment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act (F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 5. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days' prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTlC LE 6. I N D E M N I F I CAT IO N
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor's
performance under this Agreement, the Contractor hereby agrees to indemnify, save
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 7. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the
General Terms and Conditions of the RFP.
ARTICLE 8. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 1 I
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561) 799-41 11
2
As to the Contractor: Advanced Data Processing, Inc.
500 NW 165'h Street, Suite 104
Miami, Florida 33065
Attn: Brad Williams, Vice President, Finance
Facsimile: (305) 945-6692
B. Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Bindinq Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assianabilitv. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severabilitv. If any part of this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governinq Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue. This Agreement shall not be construed
against the party who drafted the same as all parties to this Agreement have had legal
and business experts review the adequacy of the same.
G. Headinqs. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement and, accordingly, no Court or
Administrative Hearing Officer construing this Agreement shall construe it more strictly
against one party than the other and every covenant, term, and provision of this
Agreement shall be construed simply according to its fair meaning.
3
J. Attorney’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Equal ODportunitv. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2006.
CITY:
CITY OF PALM BEACH GARDENS, a Florida municipal corporation
(SEAL)
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Executed by the Contractor this L f-- day of //Q~.~ A , 2006.
CONTRACTOR:
ADVANCED DATA PROCESSING, INC, a Delaware corporation.
By:
ddg gh a m o n , P {e s i d en t
WITNESS: (Corporate Seal)
\\pbgsfilev\ttorney\attorney_share\AGREEMENTS\advanced data processing - transport billing - fr - final.doc
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EXHIBIT “A”
/ ADVANCED
I DATA PROCESSING, INC.
TAB 3. COST INFORMATION
ADPI herein presents a fee proposal that indicates our confidence in the high collection
levels we will achieve for Palm Beach Gardens and reflects cost advantages we enjoy
from our superior processes and technologies.
Base Fee (current 2006 Palm Beach Gardens Fee Schedule):
Percentage of Net Collections::'; 6.15% of Net Collections
Flat Fee for Medicaid Related Collections: $7.00 Per Medicaid Claim
Optional Service Fees:
Mailing Notice of Privacy Practice: $1.00 per patient account
Optional Service Provision, Electronic Patient Care Reporting:
ADPI can also offer to the City of Palm Beach Gardens our assistance in procuring
an electronic patient care reporting solution, including but not limited to the
financing of this expenditure as an additional negotiated cost between the City and
Advanced Data Processing, Inc.
*Net Collections is Defined as Total Cash Collections, Less Refunds.
The price bid herein shall include all expenses of billing and collection including, but
not limited to, stationery, forms, envelopes, postage, and phone facilities.
Credit card fees (generally 2.5% qf amount charged) jbr processing patient pnyinent via
credit card accoLint are netted with payinent amount.
ADPI reserves the right to increase fees to cover increase in postage costs during the term
of the contract.
City of Palm Beach Gardens RFP #2005-016 tor Emergency Transport Third-party Billing Sen ices
TAB 3. COST INFORMATION
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 24 2006
Meeting Date: March 16,2006 -
Resolution 32, 2006
SubjectlAgenda Item: Resolution 32,2006 -Approve a contract award to Sports Turf One, Inc. for
Golf Course Greens and Master Irrigation Pump-Improvements in the amou'nt of $71 1,789.52.
[XI Recommendation to APPROVE
] Recommendatic
Reviewed by: \
Christin LfkA
Allan Owens
Finance Administrator
Department Administrator
1 to DENY
Originating Dept.:
Operations Dire or
Advertised:
Date:
Paper:
1
[XI Not Required
Affected parties
[XI Notified
[ ] Not required
Costs: $71 1,789.52
$71 1,789.52
(Current FY Total)
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
106.2540.572.6900
Project GOL0075
Project GOL0077
~~ ~~
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 32,2006
[ ]None
Date Prepared: February 24,2006
Meeting Date: March 16,2006
Resolution 32, 2006
0 BACKGROUND: The City of Palm Beach Gardens Golf Course is in need of 20 greens to
be renovated, and a master irrigation pump replacement. Grass mutations, poor drainage,
and 15 years of services have rendered these greens and bunkers beyond their useful life.
The Master Irrigation Pump station is also 15 years old and has undergone extensive and
costly repairs. In turn, an “Invitation to Bid #2005-017” was published with bid responses
from the following three (3) contractors:
1 Item 1 Contractor
TOTAL GOLF
CONSTRUCTION, INC.
MALPHRUS
CONSTRUCTION CO.,
INC.
2
I
SPORTS TURF ONE,
INC.
Total Amount Job
Pump Mfr. Named Duration
107
DAYS TO $962,121.25
Flowtronex Pump Quoted COMPLETE
90 $1 ,I 11,008.90 DAYS TO Rain Bird Pump Quoted COMPLETE
92
DAYS TO $71 1,789.52
National Pump Quoted COMPLETE
The bid results were carefully reviewed by staff and concluded that the mobilization costs
were substantially lower due in part to Sports Turf One, Inc. proximity to the project. The
company has a good reputation locally and the City has concluded business with them in the
past with good results. An additional plus is that they grow their own turf and are familiar with
turf installation.
At this time, staff recommends a contract approval to Sports Turf One, Inc. If Council
approves, these improvements are anticipated to begin May 1,2006 and completed by July
31, 2006.
STAFF RECOMMENDATION:
execute a contract to Sports Turf One, Inc.
Approve Resolution 32, 2006 authorizing the City to
Date Prepared: February 24,2006
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RESOLUTION 32,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO
SPORTS TURF ONE, INC. FOR GOLF COURSE GREENS AND
MASTER IRRIGATION PUMP STATION IMPROVEMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to contract for Golf Course Greens and Master
Irrigation Pump Station Improvements for the purpose of renovating twenty (20) greens
and replacing a master irrigation pump at the City of Palm Beach Gardens Golf Course;
and
WHEREAS, the City issued Invitation to Bid (Bid Number 2005-017) for Golf
Course Greens and Master Irrigation Pump Station Improvements, attached hereto as
Exhibit “A”; and
WHEREAS, the City received a Bid for Golf Course Greens and Master Irrigation
Pump Station Improvements from Sports Turf One, Inc., attached hereto as Exhibit “B”;
and
WHEREAS, the City wishes to enter into an agreement for Golf Course Greens
and Master Irrigation Pump Station Improvements, attached hereto as Exhibit “C”,
based on the Bid received from Sports Turf One, Inc., and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Sports Turf One, Inc. to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a contract to Sports Turf One, Inc.
in an amount not to exceed $711,789.52, and authorizes the Mayor and City Clerk to
execute the agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: February 24,2006,2006
Resolution 32, 2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR
VICE MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AYE NAY ABSENT
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONSkports turf one contract award - reso 32 2006.doc
2
Date Prepared: February 24,2006
Meeting Date: March 16, 2006
Resolution 32,2006
EXHIBIT A
ITB #2005-017 Golf Course Greens and Master Irrigation
Pump Station Improvements
CITY OF PALM BEACH GARDENS
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION
IMPROVEMENTS
PREPARED BY:
CITY OF PALM BEACH GARDENS
INVITATION TO BID
#2005-017
Dated: December 20, 2005
4
THE CITY OF PALM BEACH GARDENS
INVITATION TO BID #2005-017
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION IMPROVEMENTS
The City Council of the City of Palm Beach Gardens is accepting sealed Bids for the following:
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION IMPROVEMENTS
All Bid Envelopes, one (1) original and five (5) coDies, must be received at the address below in the Citv Clerk’s Office, no later
than Thursdav. Januarv 26. 2006. at 2:00 D.m., at which time all Bid Envelopes will be publicly opened and read. Receipt of a
response by any City office, receptionist, or personnel other than the City Clerk’s Office does not constitute “receipt“ as required
by this solicitation. The City Clerk’s time stamp shall be conclusive as to the timeliness of receipt.
Bid documents may be obtained at the address below or by calling the City Clerk’s Office at (561) 799-4121. Bid documents
will not be issued by the City Clerk’s Office unless the request is received at least 24 hours prior to the opening of the Bids. Bid
documents can be downloaded from the City’s website link at: WWW.D-I~D/I~D~
Pre-Submittal Conference: Attendance is mandatory for those intending to submit Qualifications and Bid documents. The
conference is to be held on Thursdav. Januarv 19. 2006, at 2:00 D.m. at the Citv of Palm Beach Gardens Public Golf
Course at 11401 Northlake Blvd.. Florida 33410
All Bid documents are to be separately sealed when submitted and be delivered or mailed to:
The City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the enveloue or box containing the Bid documents shall be written in large letters:
ITB # 2005-017 for GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION
IMPROVEMENTS.
To Be ODened: Thursday, January 26,2006, at 2 p.m.
The City of Palm Beach Gardens reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause,
to waive any infonnalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the
interests of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible Bidder includes,
but is not limited to, cost, whether the Bidder meets the City of Palm Beach Gardens’ published specifications, the Bidder’s
experience, skill, ability, financial capacity, and any other factors which could reasonably be asserted as being relevant to
successful performance. Bidders should anticipate the City may negotiate some or all of the components of a submittal package
with one or more of the Bidders in order to obtain the best value of services offered.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: The Palm Beach Post
Sunday, January I, 2006
Sunday, January 8,2006
Sunday, January 15,2006
4
THE CITY OF PALM BEACH GARDENS
INVITATION TO BID #2005-017
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION IMPROVEMENTS
PRE-SUBMITTAI, CONFERENCE
Mandatory attendance is required for all prospective Bidders at this
Pre-submittal Conference at:
The City of Palm Beach Gardens
Public Golf Course located at
11401 Northlake Blvd., Palm Beach Gardens, Florida 33410
With a follow-up question and answer session at
City Hall
10500 North Military Trail, Palm Beach Gardens, Florida 33410
On:
Thursday, January 19,2006, at 2:OO p.m.
Submittal documents from potential Bidders who attended the pre-submittal conference must be received
by the City in the City Clerk’s Office not later than Thursday, January 26,2005, at 2:OO p.m.
For additional information, contact Arthur DeRostaing, Purchasing Agent at (56 1) 804-70 14.
All potential Bidders shall attend the mandatory pre-submittal conference. All potential Bidders must
arrive no later than the time indicated and must remain in attendance until the conclusion of the
conference. Potential Bidders who do not attend the conference as required above shall be disqualified
from continuing in the competition. and the City will not accept Bids from such disqualified Bidders.
The purpose of the Pre-Submittal Conference is to provide and solicit information/comments
relative to the service requirements, scope, purpose, nature and extent of the work, and any local
conditions which may affect the work and its performance. Submission of Bid submittal documents
shall constitute an acknowledgment by the prospective Bidder that he/she/it has thoroughly
examined and is familiar with the Invitation to Bid #2005-017. The failure or neglect of a Bidder to
examine the Invitation to Bid #2005-017 shall in no way relieve him/her/it of any obligation with
respect to either his/her/its Bid or this invitation to Bid. No claim for additional compensation will
be allowed which is based upon a lack of knowledge of this Invitation to Bid #2005-017.
4
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION
IMPROVEMENTS
Bid # 2005-017 Date: December 20,2005
1 .O GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form, as well as any other pertinent documents, must be
returned in order for the Bid to be considered for award. All Bids are subject to
the conditions specified herein and on the attached Special Conditions,
Specifications and Bid Form.
All potential Bidders shall attend the mandatory pre-submittal conference
January 19, 2006 at 2 p.m. to be held at the Palm Beach Gardens Golf
Course. Potential Bidders who do not attend the conference as reauired
above shall be disqualified from continuinp in the competition, and the Citv
will not accept Bids from such disqualified Bidders.
The completed Bid must be submitted in a sealed envelope clearly marked with
the Bid title and number to the City Clerk at 10500 N. Military Trail, Palm Beach
Gardens, Florida 33410 and no later than 2:OO D.m., Thursdav. Januarv 26, - 2006.
1.2 EXECUTION OF BID:
The Bid must contain a manual signature of an authorized representative in the
space provided on the Bid Form. Failure to properly sign the Bid shall invalidate
same, and it shall NOT be considered for award. All Bids must be completed in
pen or be typewritten. No erasures are permitted. If a correction is necessary,
draw a single line through the entered figure and enter the corrected figure above
it. Corrections must be initialed by the person signing the Bid. Any illegible
entries, pencil Bids, or corrections not initialed will not be tabulated. The original
Bid conditions and specifications CANNOT be changed or altered in any way
after submitted to the City.
1.3 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and
extended total, when requested. Prices must be stated in units of quantity
specified in the Bid specifications. In case of discrepancy in computing the
amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B.
destination, freight prepaid (unless otherwise stated in special conditions). All
discounts are to be included in bid unit price. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be
proposed separately, and no attempt is to be made to tie any item or items in
with any other item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of Bid(s). All prices quoted shall be
guaranteed for 60 days from Bid date unless otherwise specified in Special
Conditions.
1.3.1 TAXES:
The City is exempt from all Federal Excise and State taxes. The
applicable tax exemption number is shown on the Purchase Order.
4
1.4
1.5
1.6
1.3.2
1.3.3
1.3.4
MISTAKES :
Bidders are expected to examine the specifications, delivery schedules,
Bid prices and extensions, and all instructions pertaining to supplies and
services. Failure to do so will be at the Bidder’s risk.
UNDERWRITERS’ LABORATORIES:
Unless otherwise stipulated in the Bid, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination listing where
such has been established by U.L. for the item(s) offered and furnished.
BID CONDITIONS:
The City reserves the right to waive irregularities in Bids or to reject all
Bids or any part of any Bid deemed necessary for the best interest of the
City.
EQUIVALENTS:
If Bidder offers makes of equipment or brands of supplies other than those
specified, it must be indicated in the Bid. Specific article(s) of equipment/
supplies shall conform in quality, design, and construction with all published
claims of the manufacturer.
Brand Names: Catalog numbers, manufacturer and brand names, when listed,
are informational guides as to a standard of acceptable product quality level only
and should not be construed as an endorsement or a product limitation of
recognized and legitimate manufacturers. Bidders shall formally substantiate and
verify that product(s) offered conform with or exceed quality as listed in the
specifications.
Bidder shall indicate on the Bid Form the manufacturers’ names and numbers if
proposing other than the specified brands, and shall indicate ANY deviation from
the specifications as listed. Other-than-specified items offered will require
complete descriptive technical literature marked to indicate detail(s) conformance
with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL
BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model
number, the Bid will be considered as a Bid in complete compliance with the
specifications as listed on the attached form.
NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Any item delivered not
conforming to specifications may be rejected and returned at Bidder’s expense.
These items and items not delivered as per delivery date in Bid and/or purchase
order may be purchased on the open market. Any increase in cost may be
charged against the Bidder. Any violation of these stipulations may also result in
the Bidder’s name being removed from the vendor list.
SAMPLES:
Samples of items, when required, must be furnished free of expense, and if not
destroyed, will, upon request, be returned at the Bidder’s expense. Bidders will
be responsible for the removal of all samples furnished within thirty (30) days
after Bid opening. All samples will be disposed of after thirty (30) days. Each
individual sample must be labeled with the Bidder’s name. Failure of the Bidder
to either deliver required samples or to clearly identify samples may be reason
for rejection of the Bid. Unless otherwise indicated, samples should be delivered
5
to Daniel Reidv. Golf Course Director, Communitv Services Department, 10500
North Militarv Trail, Palm Beach Gardens, Florida 33410.
1.7 JOB COMPLETION:
Unless the actual date of final completion is specified (or if specified delivery
cannot be met), show the number of days (in calendar days) required to make
job completion after receipt of the purchase order in the space provided. Job
completion time or schedule may become a basis for making an award. Delivery
of installed structures shall be within the normal working hours of the City,
Monday through Friday, excluding holidays.
1.8 INTERPRETATIONS:
Unless otherwise stated in the Bid, any questions concerning conditions and
specifications should be submitted in writing to Arthur DeRostaing, Purchasing
Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410,
giderostaina@-Dbafl .corn, (fax) 561 -799-41 34.
1.9 AWARDS:
The City reserves the right to reject all Bids or any portion of any Bid deemed
necessary for the best interest of the City; to accept any item or group of items;
and to acquire additional quantities at prices quoted on the Bid Form, unless
additional quantities are not acceptable, in which case the Bid Form must be
noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result
of this Bid shall conform to applicable Florida Statutes.
1.10 BID OPENING:
Bids shall be opened and publicly read in the Citv of Palm Beach Gardens, City
Council Chambers, 10500 N. Militarv Trail, Palm Beach Gardens, Florida
33410 on the date and at the time specified on the Bid Form. All Bids received
after that time shall be returned, unopened.
1.11 INSPECTION, ACCEPTANCE, and TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title
tolor risk of loss or damage to all items shall be the responsibility of the
successful Bidder until acceptance by the City. If the materials, goods, or
services supplied to the City are found to be defective or do not conform to
specifications, the City reserves the right to cancel the order upon written notice
to the seller/Bidder and return the product at the Bidder's expense.
1.12 PAYMENT:
Payment will be made by the City after the items awarded to a Bidder have been
received, inspected, and found to comply with award specifications, be free of
damage or defect, and properly invoiced.
1 .I 3 DISPUTES:
Any actual or prospective Bidder, Bidders, Offeror, or Contractor who is
aggrieved in connection with a solicitation or award of a Bid or Contract may avail
themselves of the City's purchasing procedures to resolve disputed matters or
complaints.
The City Clerk or designee shall post a tabulation of the Bid results with intended
award recommendations. Posting shall be in the office of the City Clerk and shall
be on display for public viewing. All Bidders, Offerors, or Contractors affected by
the proposed award of contract will also be notified of the intended award by the
City's designated Purchasing Agent at the time of posting, via telefax or other
means.
6
Any actual or prospective Bidders, Bidder, Offeror, or Contractor who is
aggrieved in connection with the solicitation or award of contract may file a
written protest to the City Clerk. Protestors shall file their written protests with the
City Clerk, Monday through Friday, between the hours of 8:OO a.m. and 500 p.m.
Protests shall contain the name, address, and phone number of the petitioner,
name of petitioner’s representative (if applicable), the name and bid number of
the solicitation. The protest shall specifically describe the subject matter, facts
giving rise to the protest, and also the action requested from the City.
The written protest must be received no later than 72 consecutive hours
(excluding Saturdays, Sundays, and legal holidays) from the time of initial
posting. Failure to file a timely formal written protest within the time period
specified shall constitute a waiver by the vendor of all rights of protest under this
BidlProposal Protest Procedure.
In the event of a timely protest, the City shall not proceed further with the
solicitation or with the award of the BidlContract until all administrative remedies
have been exhausted or until the City Manager determines that the award of the
BidlContract without delay is necessary to protect the public health, welfare, or
safety.
1.14 LEGAL REQUIREMENTS:
Federal, State, County, and City laws, ordinances, rules, and regulations that in
any manner affect the items covered herein apply. Lack of knowledge by the
Bidders will in no way be a cause for relief from responsibility.
1.15 INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Bidder for the
performance of this Agreement shall represent the specific consideration for the
Bidder’s indemnification of the City as set forth in this Section and in the Terms
and Conditions.
To the fullest extent permitted by Laws and Regulations, Bidder shall indemnify
and hold harmless the City and their consultants, agents, and employees from
and against all claims, damages, losses, and expenses, direct, indirect, or
consequential (including, but not limited to, fees and charges of attorneys and
other professionals and court and arbitration costs) arising out of or resulting
from the performance of the work, provided that any such claim, damage, loss, or
expense (a) is attributable to bodily injury, sickness, disease, or death, or to
injury to or destruction of tangible property (other than the work itself), including
the loss of use resulting there from; and (b) is caused in whole or in part by any
willful or negligent act or omission of Bidder, any subcontractor, any
person or organization directly or indirectly employed by any of them to perform
or furnish any of the work, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by Law and Regulations regardless of
the negligence of any such party.
In any and all claims against the City or any of their consultants, agents, or
employees by any employee of Bidder, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, the
indemnification obligation under the above paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation or
benefits payable by or for Bidder or any such Subcontractor or other person or
7
organization under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
It is the specific intent of the parties hereto that the foregoing indemnification
complies with Section 725.06 Florida Statute (Chapter 725). It is further the
specific intent and agreement of the parties that all of the Contract Documents on
this project are hereby amended to include the foregoing indemnification and the
"Specific Consideration" therefore.
The official title of the City is "The City of Palm Beach Gardens". This official title
shall be used in all insurance or other legal documentation. The City of Palm
Beach Gardens is to be included as an "Additional Insured" with respect to
liability arising out of operations performed for the City by or on behalf of the
Bidder or acts or omissions of the Bidder in connection with such operation.
1 .I6 PATENTS & ROYALTIES:
The Bidder, without exception, shall indemnify and save harmless the City and its
employees from liability of any nature or kind, including cost and expenses for, or
on account of, any copyrighted, patented, or unpatented invention, process, or
article manufactured or used in the performance of the contract, including its use
by the City. If the Bidder uses any design, device, or materials covered by
letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the Bid prices shall include all royalties or cost arising from the
use of such design, device, or materials in any way involved in the work.
1.17 OSHA:
The Bidder warrants that the product and services supplied to the City of Palm
Beach Gardens, Florida shall conform in all respects to the standards set forth in
the Occupational Safety and Health Act of 1970, as amended, and the failure to
comply with this condition will be considered as a breach of contract. Any fines
levied because of inadequacies to comply with these requirements shall be borne
solely by the Bidder responsible for same.
1.17A SAFETY PRECAUTIONS:
The Bidder shall, if required, maintain suitable and sufficient guards and barriers,
and at night, suitable and sufficient lighting for the prevention of accidents and
all safety standards required by Municipal, County, State, and Federal laws,
rules, regulations, codes, ordinances, directives, guidelines, and laws shall be
strictly met by the Bidder.
1.18 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall
have precedence.
1.19 QUALITY:
All materials used for the manufacture or construction of any supplies, materials,
or equipment covered by this Bid shall be new. The items Bid must be new,
unless recycled materials are certified by the Bidder, the latest model, of the best
quality, and highest grade workmanship.
1.20 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where Bidders are required to enter or go onto City property to deliver goods,
materials, or perform work or services as a result of a Bid award, the successful
Bidder will assume the full duty, obligation, and expense of obtaining all
necessary licenses, permits, and insurance and assure all work complies with all
Palm Beach County and City laws, rules regulations, codes, directives, and
8
1.21
1.22
1.23
guidelines. The Bidder shall be liable for any damages or loss to the City
occasioned by negligence, gross negligence, willful and wanton acts of the
Bidder (or agent) or any person the Bidder has designated in the completion of
the contract as a result of the Bid.
BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE:
Bid Bond shall be submitted with the Bid in the amount of $10,000.00. After
acceptance of the Bid, the City will notify the successful Bidder to submit a 100%
performance bond and certificate of insurance in the amount specified in Section
2.18 under Special Conditions. Please provide a copy of your current certificate
of insurance coverage.
DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Bidder to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time
stipulated.
Upon default by the successful Bidder to meet any terms of this Agreement, the
City will notify the Bidder three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the successful Bidder’s part to correct the default
within the required three (3) days shall result in the contract being terminated.
The City will notify the successful Bidder, in writing, of its intention and the
effective date of the termination. The following shall constitute default:
A) Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities, and personnel as
identified and set forth and to the degree specified in the contract.
B) Failure to begin the work under this contract within the time specified.
C) Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
D) Neglecting or refusing to remove materials or perform new work where prior
work has been rejected as nonconforming with the terms of the contract.
E) Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment renders the successful
Bidder incapable of performing the work in accordance with and as required
by the contract.
F) Failure to comply with any of the terms of the contract in any material
respect.
G) Failure to comply with the terms of this Bid, including, but not limited to, the
Special Conditions.
In the event of default of a contract, the successful Bidder shall pay all attorney’s
fees and court costs incurred in collecting any damages. The successful Bidder
shall pay the City for any and all costs incurred in ensuring the completion of the
project.
CANCELLATION:
The City reserves the right to cancel this Contract by written notice to the Bidder
effective the date specified in the notice, and the following will apply:
A) The Bidder is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform his/her/its services
in a manner satisfactory to the City. In the event the Bidder is found to be in
default, the Bidder will be paid for all labor and materials provided as of the
termination date which are in conformance with this Bid. No consideration will
9
I J
be given for anticipated loss of revenue or the canceled portions of the
contract.
B) The City has determined that such cancellation will be in the best interest of
the City to cancel the contract for its own convenience.
C) Funds are not available to cover the cost of the services. The City’s
obligation is contingent upon the availability of appropriate funds.
I .24 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and
shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410.
1.25 SUBSTITUTIONS:
The City WILL NOT accept substitute Golf Course Greens and Master Irrigation
Pump Station Improvements of any kind. The Bidder is expected to furnish the
brand quoted in hislherlits Bid once awarded. Any substitute shipments will be
returned at the Bidder’s expense.
1.26 FACILITIES:
The City reserves the right to inspect the Bidder’s facilities at any time with prior
notice.
1.27 BID TABULATIONS:
Bidders desiring a copy of the Bid tabulation may request same by enclosing a
self-addressed, stamped envelope with the Bid.
1.28 APPLICABLE LAW AND VENUE:
The laws of the State of Florida shall govern the contract between the City and
the successful Bidder and any action shall be brought in Palm Beach County,
Florida. In the event of litigation to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs
and expenses, including reasonable attorney’s fees, which shall include any fees
and costs attributable to appellate proceedings arising on and of such litigation.
1.29 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Invitation for Bid is in
doubt as to the true meaning of the specifications or other Bid documents or any
part thereof, the Bidder must submit to the Purchasing Agent, at least three (3)
calendar days prior to scheduled Bid opening, a request for clarification. All such
requests for clarification must be made in writing, and the person submitting the
request will be responsible for its timely delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly
issued by the City’s designated Purchasing Agent. The City shall issue an
Informational Addendum if clarification or minimal changes are required. The City
shall issue a Formal Addendum if substantial changes which impact the technical
submission of Bids are required. A copy of such Addendum will be sent to each
Bidder receiving the Invitation for Bid. In the event of conflict with the original Bid
Documents, the Addendum shall govern all other Bid and Contract Documents to
the extent specified. Subsequent Addenda shall govern over prior Addenda only
to the extent specified.
10
4
1.30 AWARD OF CONTRACT:
A) A contract may be awarded to the lowest responsive, responsible Bidder(s)
whose Bid(s), conforming to the Invitation for Bid, is most advantageous to the
City. The lowest responsive, responsible Bidder(s) will be determined in
conjunction with the method of award which is described in the Special
Conditions. Tie Bids will be decided as described herein.
B) The City shall award a contract to a Bidder through action taken by the City
Council or the City Manager.
C) The General Terms and Conditions, the Special Conditions, the Technical
Specification, and the Bidder’s Bid are collectively an integral part of the contract
between the City and the successful Bidder.
D) While the City may determine to award a contract to a Bidder(s) under this
Request for Bid, said award may be conditional on the subsequent submission of
other documents as specified in the Special Conditions. The Bidder shall be in
default of any conditional award if any of these documents are not submitted in a
timely manner and in the form required by the City. If the Bidder is in default, the
City, through its designated Purchasing Agent, will void its acceptance of the
Bidder’s offer and may determine to select the second lowest responsive,
responsible Bidder or re-solicit Bids. The City may, at its sole option, seek
monetary restitution from the defaulting Bidder as a result of damages or excess
costs sustained and/or may prohibit the Bidder from submitting future Bids for a
period of one year.
E) The City reserves the right to exercise the option to renew a term contract of
any successful Bidder(s) to a subsequent optional period; provided that such
option is stipulated in the Special Conditions and is contained in any contract
ultimately awarded in regard to this Bid.
F) The City reserves the right to automatically extend any contract for a
maximum period not to exceed ninety (90) calendar days in order to provide City
departments with continual service and supplies while a new contract is being
solicited, evaluated and/or awarded, provided this is expressly made a part of
any contract awarded in regard to this Bid.
1.31 ASSIGNMENT:
The Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any
contract, including any or all of its right, title, or interest therein, or his/her/its
power to execute such contract to any person, company or corporation without
prior written consent of the City.
1.32 LAWS, PERMITS, AND REGULATIONS:
The Bidder shall obtain and pay for all licenses, permits and inspection fees
required for this project and shall comply with all laws, ordinances, regulations,
and building code requirements applicable to the work contemplated herein.
1.33 OPTIONAL CONTRACT USAGE:
Other State agencies, and/or Governmental Entities in the State of Florida may
purchase from the resulting contract. Bidders shall sell these commodities or
services to the other State agencies and/or Governmental Entities in the State of
Florida at the agencies’ andlor entities’ option.
11
1.34 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this Bid from
the selected Bidder. However, items that are to be “Spot Market Purchased”
may be purchased by other methods, i.e., Federal, State, or local contracts.
1.35 PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a Bid on a contract to provide any goods or services
to a public entity; may not submit a Bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit Bids on
leases of real property to a public entity; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
1.36 CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All Bidders
must disclose with their Bid the name of any officer, director, or agent who is also
an employee of the City. Further, all Bidders must disclose the name of any City
employee who owns, directly or indirectly, an interest of 5% or more in the
Bidder’s firm or any of its branches.
If any Bidder violates or is a party to a violation of the Code of Ethics of the State
of Florida with respect to this Bid, such Bidder may be disqualified from
performing the work described in this Bid or from furnishing the goods or services
for which the Bid is submitted, and shall be further disqualified from bidding on
any future Bids for work or for goods or services for the City. A copy of the State
Ethics Codes is available on line at httD://www.flsenate.aov.
1.37 NON-COLLUSION:
Bidder certifies that this offer is made without prior understanding, agreement, or
connection with any corporation, entity, firm, or person submitting an offer for the
same materials, services, supplies, or equipment and is in all respects fair and
without collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, prior to, or after any
delivery of material or provision of services. Any violation of this provision may
result in the Contract cancellation, return of materials or discontinuation of
services, and the possible removal from the vendor Bid list(s).
1.38 FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this Bid becomes the property of the City. Bids
may be reviewed by any person ten (IO) days after the public opening. Bidders
should take special note of this as it relates to any proprietary information that
might be included in their Offer/Bid.
Any resulting contract may be reviewed by any person after the contract has
been executed by the City. The City has the right to use any or all
information/material submitted in response to this Bid and/or any resulting
contract from same. Disqualification of a bidder does not eliminate this right.
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1.39 TIED BIDSIDRUG-FREE WORKPLACE PROGRAMS:
In the event of an identical tied bid or proposal, preference will be given to local
vendors. If none of the vendors are local, preference shall be given to the
business submitting proof of Drug-Free Work Place (DFW) programs. A public
drawing of lots or the flip of a coin as determined by the City will be held in the
event all apply.
2.0 SPECIAL CONDITIONS
2.1
2.2
2.3
2.4
2.5
2.6
2.7
PURPOSE:
The purpose of this Proposal is to establish a contract for Golf Course Greens
and Master Irrigation Pump Station Improvements.
TERM OF CONTRACT:
This contract shall commence the day after the date of award by the City. The
project completion shall take place on June 16, 2006 or until final acceptance of
the Golf Course Greens and Master Irrigation Pump Station Improvements by the
City. In no event shall the Golf Course Greens and Master Pump Station
Improvement take longer than forty-seven (47) days from May 1, 2006.
METHOD OF AWARD:
Award of this contract may be made to the lowest responsive, responsible Bidder
whose proposal is the most advantageous to the City.
PAYMENT:
Payment will be made upon receipt and acceptance of the completed Golf
Course Greens and Master Irrigation Pump Station Improvements. No down or
partial down payments will be made.
All Bid prices must include freight prepaid to Palm Beach Gardens Public Golf
Course, 11401 Northlake Blvd., Palm Beach Gardens, Florida 33410.
JOB COMPLETION:
Bidders shall specify on the attached Bid Form the estimated scheduled time (in
calendar days) for the Golf Course Greens and Master Irrigation Pump Station
Improvements. If the successful Bidder fails to complete the project within the
specified time, it is understood that $500.00 Der calendar day will be deducted
from the payment as liquidated damages for each day beyond the project
specified time-line. The Bidder acknowledges that the Liquidated Damages are
not a Penalty as damages can not be readily determined. The Liquidated
Damages shall be in addition to any other damages that the City may have.
PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE CONTRACT:
If the Bidder is awarded a contract under this solicitation, the prices quoted by
the Bidder on the Bid Form shall remain fixed and firm during the term of the
contract; provided, however, that the Bidder may offer incentive discounts from
the fixed price to the City at any time during the contractual term.
CONTACT PERSON:
For any additional information regarding the specifications and requirements of
this Bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail,
Palm Beach Gardens, Florida 3341 0, aderostainaADbafLcom; (fax) 561 -799-
41 34.
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2.8 BID CLARIFICATION:
Any questions or clarifications concerning this Bid shall be submitted in writing by
mail, email, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, aderostaina@irDbufl.com, (fax)
561 -799-41 34. The Bid title/number shall be referenced on all correspondence.
All questions must be received no later than three (3) calendar days prior to the
scheduled proposal opening date. All responses to questions/clarifications will
be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS
WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.9
2.10
L I Q U ID AT ED DAM AG E S :
See above - Section 2.5
WARRANTY:
Units are to have full factory and/or installer’s warranty. No demonstrators, etc.,
will be accepted. Manufacturer’s warranty information must be submitted
with the Bid Form. All warranties shall be at least ten (IO) years for parts
and labor.
2.1 I PRODUCTlCATALOG INFORMATION:
All Bidders must submit catalog/product and specification information on the
unit(s) they propose to furnish on this ITB. Failure to submit such information will
result in rejection of the Bid.
2.1 2 BID SUBMITTAL:
All Bids submitted shall include the completed Bid Form and all required product
information and any other items as indicated on the Bid Form. Bids will be
considered “Non-Responsive” if the required information is not submitted by the
date and time specified.
Before submitting a Bid, each Bidder shall make all investigations and
examinations necessary to ascertain if any addenda were issued by the City’s
Clerk Office.
2.13
2.14
LATE BIDS:
The City cannot be responsible for Bids received after opening time and
encourages early submittal.
EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the Bid to be considered non-responsive.
2.15 COMPLETE INFORMATION REQUIRED ON BID FORM:
All Bids must be submitted on the attached Bid Form and all blanks filled in. To
be considered a valid proposal, the one (1) original and five (5) copies of the Bid
Form pages must be returned, properly completed, and in a sealed envelope as
outline in the first paragraph of General Conditions.
2.1 6 NO SUBSTITUTION COMPONENTS:
When NO SUBSTITUTION is used in combination with a manufacturer’s name,
brand name and/or model number of that named item is the only item that will be
accepted by the City of Palm Beach Gardens.
14
After the City has evaluated the Bids, the low Bidder may be required to
demonstrate the structural components and/or installed shade structure which
has been proposed for evaluation by and at no cost to the City. The purpose of
the demonstration is to observe the shade structure in an outdoor environment
and verify its capability, suitability, and adaptability vis-a-vis the performance
requirements stipulated in the proposal. If a demonstration is required, the City
will notify the Bidder of such in writing and will specify the date, time and location
of the demonstration. If the Bidder fails to perform the demonstration on the date
stipulated in the notice, the City may elect to reject the Bidder’s proposal or to re-
schedule the demonstration, whichever is in the City’s best interest. The City
shall be the sole judge of the acceptability of the shade structure in conformance
with the specifications, and its decision shall be final.
2.17 ACCEPTANCE:
The completed installation of the Golf Course Greens and Master Irrigation Pump
Station Improvements to the City does not constitute acceptance for the purpose
of payment. Final acceptance and authorization of payment shall be given only
after a thorough inspection indicates that the Golf Course Greens and Master
Irrigation Pump Station Improvements meet contract specifications and
conditions. The improvements will be inspected and accepted by Dan Reidy, Golf
Course Director, Community Services Department. The Golf Course Greens and
Master Irrigation Pump Station Improvements must be in conformance with the
specifications and that the engineering materials and workmanship exhibit a level
of quality and appearance consistent with or exceeding industry standards.
2.18 INSURANCE:
Bidders must submit with their proposal, proof of insurance meeting or
exceeding the following requirements, or a letter of intent to provide the following
requirements if awarded the contract:
0 Workers’ Compensation Insurance - as required by law.
The City of Palm Beach Gardens will not accept filed certificates of
exemption forms for Workers’ Compensation Insurance.
Employer’s Liability Insurance - $1,000,000 per occurrence, $1,000,000
disease policy limit, and $1,000,000 disease each employee.
General Liability Insurance - $1,000,000 general aggregate, $500,000 per
person, $1,000,000 each occurrence, and $1,000,000 per accident for bodily
injury.
Automobile Liability Insurance for owned vehicles, non-owned vehicles &
hired vehicles - $1,000,000 annual aggregate, $1 ,.OOO,OOO per occurrence,
$1,000,000 per accident for bodily injury, and $1,000,000 per accident for
property damage.
The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the minimum
rating of B+ or better, in accordance with the latest edition of A.M. Best’s
Insurance Guide.
The successful Bidder must submit, no later than ten (IO) days after award and
prior to commencement of any work, a Certificate of Insurance naming the City of
Palm Beach Gardens as an additional insured.
15
3.0 TECHNICAL I STRUCTURAL SPECIFICATIONS
3.1 PURPOSE:
The intent of this turn-key project is to provide all labor, equipment, materials,
and supplies to rebuild all greens and replace master irrigation pump system at
Palm Beach Gardens Golf Course as per the golf course industry standards.
Contractor(s) shall be responsible for supplying equipment for the master
irrigation pump station improvements that will withstand this intended use for the
life of the system (approximately 10 years). Warranty services must be readily
available in Palm Beach County.
The City of Palm Beach Gardens will only accept the Golf Course Greens and
Master Irrigation Pump Station Improvements as detailed in the specifications
that are aareed to in the awarded contract.
3.2 GOLF COURSE SPECIFIC - SPECIFICATIONS FOR GREEN RENOVATIONS:
This turn-key project is to provide all labor, equipment, materials, and supplies to
rebuild all greens at Palm Beach Gardens Golf Course as per the golf course
industry standards.
This project will take start-up May 1, 2006, and be completed by June 16, 2006,
weather permitting. Working hours will be from 6:OO a.m. to 6:OO p.m., seven (7)
days per week. Scheduling additional days beyond June 16, 2006 will require a
formal written notice to the Golf Course Director. Palm Beach Gardens Golf
Course will be closed for this project. Greens to be sprigged with “Tifdwarf” and
all other areas are to be 419 Bermuda Sod. All turf types are to be certified. The
Golf Course Superintendent will approve and verify the certification before
applications.
3.3 TECHNICAL I STRUCTURAL SPECIFICATIONS:
A) Twentv (20) weens (approximately three (3) acres of soft turf)
Greens to be rebuilt to USGA specifications (documents attached).
Green designs will be per old drawings and approved by superintendent.
All soil on greens will be fumigated prior to sprigging.
Greens to be sprigged at 25 bushel per 1000 square feet.
Any survey work to be contractors’ responsibility.
All new drainage discharge pipe will have a 12”x12” catch basin at the lowest
point to serve as a bubbler.
All new drainage will have at least 2 clean outs the clean outs will have valve
boxes covering them.
All materials on greens to be removed to existing sub-grade.
All old sod to be removed from property.
All soil and gravel to be placed on property as per superintendent’s
instructions.
All old drainage pipes to be hauled away.
All existing sprinklers and swing joints to be reused where possible
Any new irrigation piping, sprinklers, wiring, valves, etc., will be at the
superintendent’s approval.
Any new sprinkler wiring will be run to existing control boxes by contractor.
Any and all damage caused by the contractor to access any part or place on
the golf course will be repaired by the contractor at the contractor’s expense
and final approval of repaired areas will be approved by the superintendent.
16
Tie in of the rebuilt greens to the existing area surrounding the greens will be
the responsibility of the contractor with final approval of the superintendent.
All sod used for the tie in of existing areas to the new greens to be 419
Bermuda and approved by superintendent.
All pre-plant fertilizers and chemicals to be supplied and applied by
contractor and approved by Superintendent.
All grow in fertilizers and chemicals to be supplied by the contractor and
applied by the contractor and approved by the superintendent for the length
of the growing period.
All bunkers listed below to be reshaped to original design and new sand,
drainage and sod added according to golf course industry standards and
approved by superintendent.
#I- Reshape and add new drainage.
#2- Reshape and add new drainage.
#3- Reshape and add new drainage.
#4- Reshape and add new drainage.
#5- Reshape and add new drainage.
#7- Reshape back right and add drainage.
#8- Reshape right front and add drainage and reshape left front.
#I 1- Reshape and tie both bunkers together and add drainage.
#I 3- Reshape and add drainage.
#I 4- Reshape and add drainage.
#I 8- Reshape and add drainage.
Chipping green reshape and add drainage.
All new drainage discharge pipes will have a 12”x 12” catch basin at the
lowest point to serve as a bubbler.
All mounds around greens listed below to be reshaped, contoured and
sodded as per superintendents direction as to facilitate use of a triplex
mower to maintain correct mowing height as per golf course industry
standards with superintendent’s approval. Earth material removed from
greens will be used for fill in these areas, if needed. All sod to be 419
Bermuda grass.
#3- Lower and soften mound left side of bunker.
#7- Lower and soften mound behind back bunker.
#5- Lower and soften 3 mounds left side.
#9- Lower and soften mound behind back bunker.
#I 1- Lower and soften mound behind back bunker.
#12- Fill areas behind green and soften.
#I 3- Fill area and soften area right side green.
#I 5- Reshape/ soften mounds behind green.
#18- Reshape/ soften mounds right and left sides of fairway by flyover
Chipping green- Reshape mound behind bunker.
The Golf Course Greens and Master Irrigation Pump Station Improvements are
to be structured in accordance with all local and state building codes. All finished
work must include the cost of all approved permitting, structural, and engineering
certifications/inspections. The project must also meet or exceed the technical and
structural requirements set forth.
17
Twenty (20) greens and master pump station improvements are to be rebuilt I
renovated in accordance with the attached documents:
0
0
0
Golf Course Design Drawings - May, 1990.
USGA Recommendations for Methods of Putting Greens Construction -
October 14, 2005.
One (1) Master Irrigation Pump Station Improvements in accordance with line
item #I5 on the “Bid Submittal Form”. Location of Master Irrigation Pump
Station is provided by the attached map documents.
18
I ,
Vendor Check List:
YES- NO- 1. Vendor Representative Contact information
YES- NO- 2. Bid Submittal Form
YES- NO- 3. Proof of Insurance or Letter of Intent
YES- NO- 4. Bid prepared in 1 original and 5 copies
YES- NO- 5. Bid signed by authorized representative
YES- NO- 6. Manufacturer’s andlor installer’s product information
YES- NO- 7. Define warranty I maintenance term
YES- NO- 8. Signed and submitted “Drug-Free Workplace” form
YES- NO- 8. Examined the enclosed sample contract document
19
BID SUBMITTAL FORM
Bid # 2005-017 Due date & time: January 26, 2005 - 2:OOpm
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
(Vendor)
Agrees to Golf Course Greens and Master Irrigation Pump Station Improvements
as defined in this Bid in accordance with the requirements of the Specifications
and Bid Documents.
The undersigned Bidder has carefully examined the Specification requirements
and BidlContract Documents and is familiar with the nature and extent of the Work
and any local conditions that may in any manner affect the Work to be done.
The undersigned agrees to provide for the Golf Course Greens and Master
Irrigation Pump Station Improvements called for by the Specifications and Bid
Documents, in the manner prescribed therein and to the standards of quality and
performance established by the City for the unit Bid price stated in the spaces
herein provided.
The undersigned agrees to the right of the City to hold all Bids and Bid guarantees
for a period not to exceed ninety (90) days after the date of Bid opening stated in
the Request for Bid.
The undersigned accepts the invoicing and payment policies specified in the Bid.
Upon award of this Bid, the City and Bidder each binds himself, itself, or herself,
hislitslher partners, successors, assigns, and legal representatives to the other
party hereto in respect to all covenants, agreements, and obligations contained in
the Bid Documents.
The Bid Document constitutes the entire agreement between the City and Bidder
and may only be altered, amended, or repealed by a Change Order or a written
amendment.
The Bidder, by signing the Bid Submittal Forms, acknowledges and agrees to
abide by all the terms, conditions, and specifications contained in this Bid
Document.
20
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INVITATION TO BID #2005-017
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION
IMPROVEMENTS
Signature Page
Bidder shall guarantee job completion within
Purchase Order (Notice to Proceed).
calendar days from receipt of
Reference StatelLocal Government Contract namelnumber if applicable:
Dated this day of 9
(Month) (Year)
N, UMiTED LIABILITY, 9
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
24
Taxpayer Identification Number (TIN/EIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
25
VENDOR SERVICE REPRESENTATIVE INFORMATION
The following individuals are the designated contacts:
REGULAR WORK HOURS:
Name:
Address:
Telephone: ( )
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
Name:
Address:
Telephone: ( )
26
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever
two or more bidslproposals which are equal with respect to price, quality, and service
are received by the City for the procurement of commodities or services, a bid/proposal
received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for
processing tie proposals will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or services that are
under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (I), notify the employees that, as a
condition of working on the commodities or services that are under bid/proposal,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
employee's community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Corporation's Name
Signature
Print Name:
27
Date Prepared: February 24,2006
Meeting Date: March 16, 2006
Resolution 32, 2006
EXHIBIT B
Bid received from Sports Turf One, Inc.
BID SUBMITTAL FORM fJ COPY
Bid # 2005-017 Due date & time: January 26,2005 - 2:OOpm
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Agrees to Golf Course Greens and Master Irrigation Pump Station Improvements
as defined in this Bid in accordance with the requirements of the Specifications
and Bid Documents.
The undersigned Bidder has carefully examined the Specification requirements
and BidlContract Documents and is familiar with the nature and extent of the Work
and any local conditions that may in any manner affect the Work to be done.
The undersigned agrees to provide for the Golf Course Greens and Master
Irrigation Pump Station Improvements called for by the Specifications and Bid
Documents, in the manner prescribed therein and to the standards of quality and
performance established by the City for the unit Bid price stated in the spaces
herein provided.
The undersigned agrees to the right of the City to hold all Bids and Bid guarantees
for a period not to exceed ninety (90) days after the date of Bid opening stated in
the Request for Bid.
The undersigned accepts the invoicing and payment policies specified in the Bid.
Upon award of this Bid, the City and Bidder each binds himself, itself, or herself,
hislitslher partners, successors, assigns, and legal representatives to the other
party hereto in respect to all covenants, agreements, and obligations contained in
the Bid Documents.
The Bid Document constitutes the entire agreement between the City and Bidder
and may only be altered, amended, or repealed by a Change Order or a written
amendment.
The Bidder, by signing the Bid Submittal Forms, acknowledges and agrees to
abide by all the terms, conditions, and specifications contained in this Bid
Document.
20
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INVITATION TO BID #2005-017
GOLF COURSE GREENS AND MASTER IRRIGATION PUMP STATION
IMPROVEMENTS
Signature Page
Bidder shall guarantee job completion within 4. Fcalendar days from receipt of
Purchase Order (Notice to Proceed).
Reference StatelLocal Government Contract namelnumber if applicable: 2 06 S- 01 7
, a00L / Dated this 2 day of mw
(Monih) Orear)
Telephone: (56 I ) 3 69 8'949 Y
Social Security Number (OR) Taxpayer Identification Number (TIN): 57
Fax:(fG/) 36 y- 1 I1 0
3 Y 73 6 2 y
24
Taxpayer Identification Number (TIN/EIN): <q 3 '('79 G 2 c/
State Under Which Corporation Was Chartered:
I
&) (LM 4
Corporate President: BcJkoyc A, I&Uk w
(Print Name)
Corporate Secretary: B WUOOL A ' IJw~
(Print Name)
CorporateTreasurer: b MUW. e k k4
(Print Name)
CORPORATE SEAL
Attest By: - 4 8%-
Secretary
25
VENDOR SERVICE REPRESENTATIVE INFORMATION
The following individuals are the designated contacts:
REGULAR WORK HOURS:
Name: Rw- G~AU
Address: S Jq4&3 &L%6( 6 32y37
Telephone: (541 ) 3 6% 5799 L/
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
26
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever
two or more bids/proposals which are equal with respect to price, quality, and service
are received by the City for the procurement of commodities or services, a bid/proposal
received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for
processing tie proposals will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or services that are
under proposal a copy of the statement specifmd in subsection (1).
4. In the statement specified in subsection (l), notify the employees that, as a
condition of working on the commodities or services that are under bid/proposal,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
employee's community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Sfwn -7WP d84Jk'. * ,
.P/YU
Print Name: 0 ynA>b~ .A Ih VcwINv
Corporation's Name
Signature
27
THE AMERICAN INSTITUTE OF ARCHITECTS
j-..
AIA Document A31 0
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Sports Turf One, Inc., 9879 State Road 7, Boynton Beach, Florida 33437
as Principal, hereinafter called the Principal, and
Developers Surety and Indemnity Company
a corporation duly organized under the laws of the State of iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Palm Beach Gardens, City Clerks Office, 10500 N. Military Trail, Palm Beach Gardens, FL 33410
as Obligee, hereinafter called the Obligee, in the sum of --Ten Thousand and 00/700 Dollars($ 10,000.00 ),
for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our ,,eirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Goif Course Greens and Master Irrigation Pump Station improvements, Project No. 200501 7
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if *e
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and '.:'?\
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then tnis
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 3rd day of February, 2006
S~orts Turf One, inc. (Sea0
(Witness)
dwb. l-1-
D- and . lndemnitv GomDany
/ Laura
Florida Resident Agent
Inquiries: 407 330 3990
Printed in mperation with Vle American Institute of Architects (AIA) by CANFBD . CANFBD vwches that the language in this dowment conforms exactly to the language used in AIA Dowment A310
Bid Bond - AIA. February 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVE., N.W., WASHINGTON, D. C. 2ooo6.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
www.InscoDico.com
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute
and appoint:
***Laura D. Mosholder***
as its true and lawful Attorncy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s>in-
Fact, pursuant to thesc presenk, are hereby ratified and confirnied.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COMPANY effective as ofNovember 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to executc, on behalf of the corporation, bonds, undertakings and contracts of
suretyship; and that the Sccrctary or any Assistant Secretary of the corporation be, and each of them hcreby is, authorized to attest the execution of any such Power of
Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttorney or to any certificate relating thereto by facsimile,
and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the fiture with
respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused thcse presents to be signed by its respective Executive Vice President
and attested by its Secrctary this 1st day of December, 2005.
-, ' Walter A. Crowell, Secretary
1 STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 1,2005 bcforc me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to mc (or proved to me on the basis of satisfactory evidcncc) to be the person(s) whose name(s) idare subscribed to the within instrumen! and
acknowledged to me that he/she/they executed the same in his/her/thcir authorized capacity(ies), and that by hishedtheir signature(s) on the instrument the person(s),
or the cntity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
GINA L. GARNER
COMM. # 1569561
NOTARY PUBUC CALIFORNIA Signature (SEAL)
CERTIFICATE
The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the Jregoing Power of
Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Director i of said corporation
set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 3rd day of February , 2006 .
-J Albert Hillebrand, Assistant Secrctary
ID-I438 (DSI) (Rev. 12/05)
.
The Beacon Group, Inc.
6001 Broken Sound Pkwy., N. W.
Suite 500
Boca Raton, FL 33487-2730
NSURED Haverland Blackrock Corp
Sports Turf One, Inc.
9819 State Road 7
Boynton Beach, FL 33437
DATE (MMtDDNwy) am CERTIFICATE OF LIABILITY INSURANCE 02/02/2006
PRODUCER (561)994-9994 FAX (561)997-7087 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
INSURERS AFFORDING COVERAGE
#SURERA FCCI Commercial Ins Co 03499
WSURERB American Guarantee & Liab. Ins
MSURER C
WSURER D
WSURER E
~
ES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER
CPP00043342~01/01/2006 1 01/01/2007
NAlC #
x COMMERCWL GEKRAL LlABLlTY
CLAMSMADE OCCUR f GENL AGGREGATE
LM APPLES PER
-
ALL OWND AUTOS
SCHEDULED AUTOS
HRED AUTOS
NONOWNED MOS
GARAGE LLABILI"
ANY AUTO
EXCESWMBRELLA - LlABlLlTY AUC5327459 00 01/01/2006 01/01/2007
7 t] OCCUR CLAMSMADE I I
0
WORKERS COMPENSAllON AND
EMPLOYERS' LIABILIW
AN PROPRI€rORIPANNERIWCLmVE 3FFK)ERIMEMEER EXCLUDED?
t s descnbeunder SPECIAL PROVISDNS beh
JTHER
I I I
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
PERSONAL & ADV NJURY
GEMRAL AGGREGATE
PRODUCTS - COWDP AGG
COMEWED SWLE LMlT (Ea accident)
BOD!lY INJURY
BONY INJURY (Per accident)
I PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCENT
OTHERMAN AUTO ONLY
0
EAACC
AGG 0
EACH OCCURRENCE s 10,000,000
AGGREGATE s 10,000,000
S
WCSTATU OTK TORY LMITS ER
EL EACH ACCIWNT t
EL DISEASE - EA EMPLOYEE E
E L DISEASE. POLICY LItvUT $
J
CERTIFICATF HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Palm Beach Gardens
City Clerks Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
ACORD 25 (2001/08)
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL a DAYS WRITEN NOTICE TO THE CERTFICATE HOLDER NAMEOTOTHE LEFT,
BUT FAILURE TO MAIL SUCH NOllCE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO UPON THE INSURER, TTS AGENTS OR REPRESENTATIVES.
ENDEAVOR TO MAIL
AUMORUEO REPRESENTATWE
@ACORD CORPORATION 1988
Da Pager 003-003 561-991-96ae I 2/2/2006 Timet 8123 AH Tot Scott Baverland B 1-561-364-1118
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
~~~ ~
ACORD 25 (2001/08)
6 UY:Zd I-LB Idd~ 2006 FR: JRCKIE GERRWD X62975 PRGE: 2/2
INSURERS AFFORDING COVERAGE
INSURER A Insurance Company of Ihe Amerlcas
INSURER 6.
I .ACORI1, CERTIFICATE OF LIABILITY INSURANCE
NAlC #
33030
I DATE (HWTIDFPPPI) I 02/02/2006
1401 Manatee Ave W. Suite 600 Bradenton, FL 34205
I
PRODUCER Insurance Company of the Americas 1310 Utica Street
P.O. Box 855 Oriskan , New York 13424 Tel: (315) 768-2726 Fax: (315) 736-8731
INSURER C:
INSURER 0:
INSURER E:
I EY;Lyee Leasing Solutions, Inc.
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
XES. AGGREGATE LlMKS SHOWN MAY
TYPEOF-
CLAIMS MADE 0 OCCUR
GENL AGGREGATE LIMIT APPLIES PER: ipoLlcy n n LM:
AUTOMOBHE WBUrY -
ANY AUTO
ALL OWNED AUTOS
SCHEDUCED AUTOS
HIRED AUTOS
NON-WED AUTOS
CLAIMS MADE
DEDUCTIBLE R RETENTION
FORKERS COMPENSATION AND .MPLOYERS' LlAElUrY
WY PROPRIETOWPARTNEWEXECWNE )FFICER/MEMBER EXCLUDED7 ! a, desulbe under ihClAL PROVISIONS below
lTHER
Cllent ID: #4042042
DESCRIFVON Q OPERATDNS I LOCATIONS IVEHl
COVERAGE APPLIES ONLY TO THOSE EMPLOYEES
Swrts Turf.One Inc
IVE BEEN REDUCED BY PAID CLAIMS.
WC69203010103 01/01 /2006
Quallflers Name: Burdell A Haverland
Aprox active employee count: 26
ES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRO
WED TO BUT NOT SUBCONTRACTORS OF
0 1 10 1 /2007
COMBINED SINGLE LIMIT (Ea acddenl) I
s ODlLY INJURY b er person)
5 BODILY INJURY (Per acddenl)
OPERTY DAMAGE F er wddenl)
AWO ONLY:
EACHOCCURRENCE I$
AGGREGATE 5
E.L. EACHACCIDENT $ l,OOO,DW
E.L. DISEASE -EA EMPLOYEE S 1,wO.DDO
E.L. DISEASE -POLICY LIMIT S l,WO,DOO
I
LERTIFICATE HOLDER CANCELLATION 1
kttn: City Clerks Office
City of Palm Beach Gardens
10500 N Military Trail
JALM BEACH GARDENS, FL 33410
I rCORD 25 (2001/08)
SHOULD ANY OF THE ABOM DESCREED PMlClES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL M DAYS WRITTEN
NOTICE TO THE CERTFlCATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO SO SW
IMPOSE NO OEUGATIW OR UABlUrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
QUOTATION
Oate: 01 123108
Quote # 01 230601
Pf-OjtId:
Location: Peh Beach, FL
Palm Beach Gardens Puhllc GC
Atti) NPCmp, StevePope --- OWE? REQ; 46WBPW60HZ nN nF.V.Rp - PRICE
1
2
1
1
1
1
1
1
2
1
1
1
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1
1
1
1
1
1
I
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btlrnltod Freight Coet
NATIONAL PUMP COMPANY LLC
NPSIII
Slngle Pump System wlth PM Pump or
Multl-Pump System wlth PM Pump
Variable Frequency Drive Pump Statlons
- www.nation;llpumpcompany.com
Q ---L-----*
NPSnI futures Include: - Slanhrd m&l flow rater up b 900 GPM
0 Slandard 5 CY 15 IiY prarurc malrimancr pump
wlthmalnpunpsuptoi5HP
Custom unlhwllh 2 or 3 maln punps UP lu
2OU HPd unllmted capKlks
NPSIIVarhbbk; Frequency C~be cmtmlsystm
wllh a~houd pmcura
MU~II-~UIKEII LCD opentorlnteriace lennlnal - ,UJUSWK startup ramp. 1'10 tmlnk and
operaling vtpolnl fmtum
* U.S. and lntermtlanal volb!cs adable, as well as
dngk phasr capahlllty In all HPs - U.L. ad C.UL Lkted Prlwprd RmplnpSWtm
and cmtml Paads - Fabrlutcd sled conrhctlon wlvl polyunlham
purd.r-coated (hkh
plewrr reklwlvo
models)
st~*rd Wsth Indrda
. mugmy byplrrccntmb(~~rpldnde
Hlgh dlschaw pesuue - Low dhk* prtssure
IDW level sfely (Ifappllcable) . HI& pumptwpdcty(lfappkabk) * law low hkt prsrurr (IIawUc~hLl * WP mdor clrcult polecibn and
MWId nL)s
lncmlnp pk ad volhge monltor
Prhary surge potectlm
~OLlIl *Ortunr:
m~ll.~-coatd dumlnm, dwl access slatlon
endosure * Ranoli monltor and CO~INI capabllily
* Plowmeler wltb tohlher
* StaUonhenter
lnkt and dwhr@ Isolatknvsbesantl
ree pbes
lnhkr plpr, id valw and plm rcgulalor
Ixvd control drculs
* FIllraLhm ad InJccllon systems - Step down lrdormer. kxd ccnter. mJ
pwrr codltianci
Date Prepared: February 24,2006
Meeting Date: March 16, 2006
Resolution 32, 2006
EXHIBIT C
Agreement
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Sports Turf One, Inc., a
Florida corporation (“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide for
the Golf Course Greens and Master Irrigation Pump Station Improvements in
accordance with the City’s Invitation to Bid #2005-017 dated December 20, 2005, and
the Contractor’s response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF ITB
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s Invitation to Bid #2005-017
for Golf Course Greens and Master Irrigation Pump Station Improvements dated
December 20, 2005 (“ITB”), and the Contractor’s Response to the Invitation to Bid,
including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s ITB, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to Contractor the sum of $71 1,789.52 according to the terms
and specifications of the referenced ITB.
ARTICLE 4. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a monthly basis, as set forth
in ITB #2005-017, Section 2.4 - Special Conditions.
B. Payment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act (F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
1
ARTICLE 5. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days’ prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 6. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor’s
performance under this Agreement, the Contractor hereby agrees to indemnify, save
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 7. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the
General Terms and Conditions of the ITB.
ARTICLE 8. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561) 799-4139
2
As to the Contractor: Sports Turf One, Inc.
9819 State Road 7
Boynton Beach, Florida 33437
Attn: Brundell Haverland, President
Facsimile: (561) 364-1 118
B. Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assinnabilitv. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severabilitv. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue. This Agreement shall not be construed
against the party who drafted the same as all parties to this Agreement have had legal
and business experts review the adequacy of the same.
G. Headings. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement and, accordingly, no Court or
Administrative Hearing Officer construing this Agreement shall construe it more strictly
against one party than the other and every covenant, term, and provision of this
Agreement shall be construed simply according to its fair meaning.
3
J. Attorney’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Equal Opportunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2006.
CITY:
CITY OF PALM BEACH GARDENS, a Florida municipal corporation
(SEAL)
ATTEST:
By:
Joseph R. Russo, Mayor
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
mristine P. Tatum, City Attorney
Executed by the Contractor this day of , 2006.
CONTRACTOR:
SPORTS TURF ONE, INC., a Florida corporation
WITNESS:
Name:
(CORPORATE SEAL)
G:\attorney-share\AGREEMENTS\2005-017 IT6 final AGREEMENT-sports turf one.doc
5
City of Palm Beach Gardens
Council Agenda
March 16,2006
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
(.
3
I.
11.
111.
3:26 IV* /
7;37
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 16,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
REORGANIZATION:
1. Appointment of a Temporary Chairman to appoint Mayor.
2. Appointment of Mayor. 306 RvSJo 5-O
3. Appointment of Vice Mayor. 3 0 D7 8 murn 5-0
4. (Staff Report on Page 5, Resolution on Page 7) Resolution 21, 2006 -
Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for
the City; and providing an effective date.
5-05. Appointment of Council to External Boards.
5-0 6. Appointment of Council to Internal Boards.
V ANNOUNCEMENTS / PRESENTATIONS:
[Staff Report on Page 9) Presentation to retired police K-9 Cash - transferring
ownership to Officer Zakian.
75t b. Fire Rescue Accreditation
VI. ITEMS OF RESIDENT INTEREST:
VII. CITY MANAGER REPORT:
.
3
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 11) Approve Minutes from the February 13, 2006 Special City Council
meeting.
b. (Page 14) Approve Minutes from the February 16, 2006 Regular City Council
meeting.
C. (Staff Report on Pape 20, Resolution on Page 22) Resolution 28, 2006 - First
Amendment and Extension to Memorandum of Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the First
Amendment and Extension to Memorandum of Agreement for participating
agencies by and between the City of Miami and the City of Palm Beach Gardens;
authorizing the Mayor and the City Clerk to execute the Agreement; and
providing an effective date.
d. lStaff Report on Page 48, Resolution on Page 50) Resolution 31, 2006 -
Approving a purchase award to Wesco Turf Supply. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida awarding a contract to Wesco
Turf Supply, Inc. for the purchase of various Sports Turf Maintenance Equipment
in an amount not to exceed $91,456.53 via an existing contract with the State of
Florida No. 51 5-630-03-1; and providing an effective date.
e. lStaff Report on Page 64, Resolution on Page 66) Resolution 33, 2006 -
Agreement with Advanced Data Processing. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida awarding a contract to Advanced Data
Processing, Inc. for Emergency Transport Third-party Billing Services;
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
PUBLIC HEARINGS:
Part I - Quasi-iudicial
Part I1 - Non-Quasi-iudicial
RESOLUTIONS:
a. {Staff Report on Page 75, liesolution on Page 77) Resolution 32, 2006 -
Contract award to Sports Turf One. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Sports Turf One, Inc. for
Golf Course Greens and Master Irrigation Pump Station Improvements; and
providing an effective date.
XII. ORDINANCES: (For Consideration on First Reading)
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Of$ce 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 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
March 16,2006
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 ?
J I.
J 11.
J 111.
IV.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 16,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
REORGANIZATION:
1.
S-0 ’2.
5-0 /3.
5-0 ’4. (Staff‘ Report on Page 5, Resolution on Page 7) Resolution 21, 2006 -
Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for
the City; and providing an effective date.
<yo ‘5. Appointment of Council to External Boards.
5-0 “6. Appointment of Council to Internal Boards.
V ANNOUNCEMENTS / PRESENTATIONS:
Appointment of a Temporary Chairman to appoint Mayor.
Appointment of Mayor. SdSd &-”*’
Appointment of Vice Mayor. r&
J a. (Staff Report on Page 9) Presentation to retired police K-9 Cash - transferring
ownership to Officer Zakian.
b. Fire Rescue Accreditation
VI. ITEMS OF RESIDENT INTEREST:
VII. CITY MANAGER REPORT:
J
J VIII.
X.
XI. Q<
XII.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the Citv Clerk prior to this Item)
CONSENT AGENDA:
a. (Page I I) Approve Minutes from the February 13, 2006 Special City Council
meeting.
b. { Page 14) Approve Minutes from the February 16, 2006 Regular City Council
meeting.
C. (Staff Report on Page 20, f<ecolution on Page 22) Resolution 28, 2006 - First
Amendment and Extension to Memorandum of Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the First
Amendment and Extension to Memorandum of Agreement for participating
agencies by and between the City of Miami and the City of Palm Beach Gardens;
authorizing the Mayor and the City Clerk to execute the Agreement; and
providing an effective date.
d. {Staff Report on Page 48, Resolution on Page SO) Resolution 31, 2006 -
Approving a purchase award to Wesco Turf Supply. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida awarding a contract to Wesco
Turf Supply, Inc. for the purchase of various Sports Turf Maintenance Equipment
in an amount not to exceed $91,456.53 via an existing contract with the State of
Florida No. 5 15-630-03-1; and providing an effective date.
e. JStaff Report 011 I’ar~e 64, I<esolution on Page 66) Resolution 33, 2006 -
Agreement with Advanced Data Processing. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida awarding a contract to Advanced Data
Processing, Inc. for Emergency Transport Third-party Billing Services;
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
PUBLIC HEARINGS:
Part I - Quasi-judicial
Part I1 - Non-Quasi-iudicial
RESOLUTIONS:
a. (Staff Report on Page 75, Resolution on Page 77) Resolution 32, 2006 -
Contract award to Sports Turf One. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Sports Turf One, Inc. for
Golf Course Greens and Master Irrigation Pump Station Improvements; and
providing an effective date.
ORDINANCES: (For Consideration on First Reading)
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons 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 Inter 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
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: / J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 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 City: Subject: t Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print li - Name: - Address: City: >” ,a Subject: Members of the public may address the City Council during the ”Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: f-7) ) (i’9- ,/ - *- &% Address: Dr t/r”S-- I. City: 11 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: <- I- I 8,. L/qg-( i‘7 y Address: //07d ,+ , 9; *. . \), ’ /, 0 /q A- ._ .I , i“ I \ /// fi -p”, City: Q rL\ c /( &[‘+ I \ I ,/‘ -2 7 Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: smEy Address: Citv: 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 I’ \- Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council 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: - 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: Ms. Joan Altwater 9180 Cypress Hollow Dr Palm Bch Gdns, FL 33418 Address: City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: r7&7 /7( Address: /T,, ,f /w &.w+ct 03 Q (z- ---&#;?,< { ” ’, q’2#f/c‘ R/ ,f City: d>#fl, 8, Subject : pf 4 / -. 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.
NONE ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under: ANNOUNCEMENTS / PRESENTATIONS
Officer Zakian was scheduled to officially retire
his K-9 “Cash” tonight and have ownership
transferred to him. Unfortunately, due to illness,
Cash had to be euthanized on Tuesday night.
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As you may recall at the February 2nd rneedng we retired another K-9,
“Cabal”. His owner, Officer Stelicha requested permission to assume legal
ownership of K-9 Cabal who was assigned to him in March 1999.
Unfortunately, due to illness, Cabal also h
ago.
1 to euthanize a couple of days
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 2,2006
Meeting Date: March 16,2006
SubjecVAgenda Item: Transfer ownership of retired police K-9 Cash to Officer Mark
Zakian
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney
Finance Director &
Submitted by:
WG
Department Director
Originating Dept.:
Police Department
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ]Notified
[ x ] Not required
Costs:$ 0
(Total)
$- Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved w/
conditions
[ ]Denied
[ ]Continued to:
Attachments:
[ ]None
t
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: March 13,2006
FROM:
SUBJECT:
Patricia Snider, City Clerk ?$
External and Internal Board and Committee Appointments
As part of the reorganization meeting on March 16, 2006, it will be decided which
Councilmember will represent the nine (9) external boards in which they serve.
Two (2) of these boards, the Bioscience Land Protection Advisory Board created in part
with the Interlocal Agreement within Resolution 34, 2006 and the Workforce Housing
Subcommittee created by Commissioner Marcus to address attainable housing are newly
established.
Given that City Council has expressed an interest in serving as liaisons to internal boards
and committees, attached are two (2) charts listing the external and internal boards along
with a summary of the purpose and functions of each one. This information may be
usehl during the selection process. As you are aware, there was consensus among the
Council that there will not be a liaison appointed to the Planning, Zoning and Appeals
Board or the Charter Review Committee, therefore, these will not require action by the
Council.
Upon your review, this information can be forwarded to City Council prior to the meeting
on Thursday.
External Boards
1) Intergovernmental Issues IPARC - Intergovernmental Plan Amendment
Review Committee.
Is the coordination with adjacent local governments regarding proposed
amendments to the comprehensive plan, including the future land use map and the
zoning atlas when the proposal is located within one-half mile of the jurisdictional
boundary.
2) Loxahatchee River Environmental Control
Resolution 113. 1999
The Loxahatchee River Environmental Control District is a separate local agency.
The purpose of the District is to effectively achieve water quality and water
quantity management within the Loxahatchee River Basin through the
management of water supply, wastewater, and storm water drainage. Section 2 of
Chapter 71-822, Special Acts of Florida, states that “It is hereby declared to be the
intent of the Legislature that the best interests of public health, safety and welfare
of the area within the boundaries of the Loxahatchee River Environmental
Control District, hereinafter created, necessitate the formation of a separate local
agency of government with powers designed to meet the particular needs of said
area. It is further the intent of the legislature that such needs be met in such a way
as to cause minimum damage to the area’s resources and environment and prevent
additional environmental problems from being created, as well as providing
solutions to existing problems.
.
3) Municipal Leame Resolution 80, 1993
The League is governed by a Board of Directors, comprised of elected city, town
and village officials. The League functions under its Charter and By-laws, while
the strategic plan outlines the mission, goals and objectives.
.
The aim of the Palm Beach County League of Cities is to promote local self-
government and serve the needs of the municipal governments in Florida. This
includes advocacy at both the state and federal levels, increasing public
knowledge of municipal services and issues, providing municipal officials with
training and technical assistance and providing cost-effective programs and
products to local governments.
4) North Countv Intergovernmental November 2000 letter ffom former Chamber President Edward M. Eissey
North County Intergovernmental is a Mayors roundtable discussing the vision for
their communities, council’s position regarding business development and the
types of business and industry they would like to attract. Also addressed is the
overall planning issues regarding affordable housing, traffic and transportation,
parks and recreation areas, school sites, etc.
m
Northlake Boulevard Task Force
Resolution 57, 1997
Northlake Boulevard Task Force was formed for the purpose of facilitating
renovation andor redevelopment of the Northlake Boulevard Corridor between
the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach
Gardens, and Palm Beach County.
Seacoast Utilitv Authoritv
Resolution 129, 1999
Seacoast Utility Authority is a publicly owned water and sewer utility serving
approximately 37,000 homes and 1,600 businesses in northern Palm Beach
County Florida. The August 1988 Interlocal Agreement establishing Seacoast
vests governing authority in its five member board. Board members are appointed
by the respective political jurisdictions within which Seacoast provides service.
Each member’s voting share is weighted according to population served.
P.B. Countv Metropolitan Planning
Resolution 38. 1983
The MPO is responsible for transportation planning and programming in Palm
Beach County. Each urban area in the US has an MPO which acts as a liaison
between local communities, their citizens, and the state departments of
transportation (DOT’S). MPO’s are important because they direct how and where
available state and federal dollars for transportation improvements will be spent.
Bioscience Land Protection Advisorv Board
Resolution 34, 2006
The Bioscience Land Protection Advisory Board was created as a result of the
Interlocal Agreement executed on March 2,2006 within Resolution 34,2006.
This board will be responsible to initiate and consider amendments to their
respective Comprehensive Plan Land Use Amendments and establish a
Bioscience Research Protection Overlay.
Workforce Housine Subcommittee
This Subcommittee is a North County initiative to address the need for attainable
and workforce housing in response to the recent spike in local prices.
Internal Boards
1) Art in Public Places Advisory Board:
Number of Members: 7 regular 2 alternate
Term Limits: 2
Purpose: To promote greater public participation in, and access to, arts and culture in the city and
to make recommendations to the City Council to implement the art in public places regulations,
including site and artwork selection and review of artist(s) an artwork(s) commissioned or
purchased by the city. .
Powers and Duties: Reviews submissions of existing or commissionable works of art and makes
recommendations to Council, review proposed art in public places location on site and makes
recommendations to the applicant on the most suitable location for the art.
Sunset Date if Applicable: N/A
Meetings: third (3rd) Tuesday of the month at 5:30 p.m.
Current Openings: 0
Staff Liaison: Brad Wiseman
2) Budpet Oversight Committee:
Number of Members: 3 regular
Term Limits: 2
Purpose: To provide citizen input for the budget process.
Powers and Duties: review the proposed operating and capital improvements budget as prepared
by staff, request information &om staff in order to analyze the proposed operating and capital
improvement budget, review the recommended spending plan for compliance with current
adopted financial policies i.e., hnd balance levels, debt service coverage, etc., and make a
recommendation to Council during the budget adoption process to approve the proposed
operating and capital improvement budget, as submitted.
Sunset Date if Applicable: created by Resolution 121,2004 for a period of two (2) years and
shall stand dissolved on that date (June 3,2006) unless reviewed and extended by Resolution by
the City Council.
Meetings: At the call of the Chair provided the committee shall convene no less often than twice
during the budget preparation cycle (June - September).
Current 0peninm:O
Staff Liaison: Allan Owens
3) Communitv Aesthetics Board:
Number of Members: 7 regular 2 alternates
Term Limits: 2 year terms
Purpose: To provide recommendations with a broad outlook towards present and hture
community improvements which aesthetically enhance the neighborhoods and open space within
the city.
Powers and Duties: Review and provide recommendations on public roadway beautification
projects, approve community and neighborhood improvements grant applications, review and
provide recommendations on public environmental projects, issue city beautification and/or
environmental awards and represent the city as the official “Tree Board” in developing a
comprehensive community tree management plan for the care of trees on public property.
Sunset Date if Applicable: N/A
Meetings: fust (lst) Wednesday at 5:30 p.m.
Current Openinps: 3
Staff Liaison: Mark Hendrickson
4) Economic Development Advisorv Board:
Number of Members: 7 regular 2 alternates
Term Limits: 2 years
Purpose: To provide private sector insight, business expertise, and recommendations to the city
to encourage and facilitate a balanced and diversified economic base compatible with the city's
quality environment.
Powers and Duties: review and approve applications from companies wishing to qualify for the
expedited permitting program, identify growth industries to diversify the city's economy, develop
action plans to leverage both national and local economic trends, act as good-will ambassadors to
companies seeking to relocate or expand operations to/in Palm Beach Gardens, identify proper
venues to reach the city's target market of value-added employers.
Sunset Date if Applicable: N/A
Meetings: second (2"d) Thursday at 8:30 a.m.
Current Openinps: 1
Staff Liaison: Dolores Key
5) Parks and Recreation Advisorv Board: Number of Members: 7 regular 2 alternates
Term Limits: 2
Purpose: To serve as advocates for the citizens by conducting constructive investigation,
discussion, and review; providing advice to the Community Services department, city manager,
and council with a broad outlook towards improving present recreational facilities and increasing
utilization of the facilities by the public; and evaluating and recommending future community
needs for recreational projects and facilities.
Powem and Duties: investigate matters referred by the City Council and submit reports to the
council, review and make recommendations to the City Council concerning parks and recreation
issues, participate in visioning, strategic planning, and development of a Capital Improvements
Plan to address the recreational needs of the city, conduct public participation meetings on issues
related to parks and recreation and survey the community recreational needs and develop
recommendations to meet those needs.
Sunset Date if Applicable: N/A
Meetinps: fourth (4'h) Monday at 7:OO p.m.
Current Openings: 2
Staff Liaison: Charlotte Presensky
I --- I
From:
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
rhe Charter Review Committee
To: The City Council of Palm Beach Gardens
M. Mayor and City Councilors,
The Charter Review Committee was originally scheduled to make
a preliminary report to the Council April 1 2006.
When the Committee was formed, and due to the shortened time-
frame, there was concern that a report would not be available at that
time.
We would request that the preliminary report be extended to the
2006. City Council meeting on June
Thank you for your consideration and support.
I will be available, tonight, for any questions.
Timothy Frohling
Vice-chairman
Charter Review Committee
City of Palm Beach Gardens
RECEIVED CITY MANAGER'S OFFICE
Designation of Voting Delegate & Alternate(s) to the
Palm Beach County League of Cities, Inc.
In accordance with Article Four of the Bylaws of the Palm Beach County League of Cities, Inc., as amended
January 25,2006, the governing body of (City, Town, Village name):
Took the official action and designated the following voting delegate and alternate(s) to vote on behalf of the above
named municipality at any League of Cities general membership meeting, special general membership meeting
and/or hction of the general membership. Such delegates andor alternates are NOT authorized to vote at any
meeting of the Board of Directors.
Ojjcial Municipal Address:
Alternate fsl Email:
Alternore (s) Email:
Alternate(s) Email:
Alternate(') Eniail:
~~~
Alternate(s) Eniail:
Alternate(s) Email:
Action taken this
Mayor Signature
Attest:
Clerk Signature (SEAL)
www.leagueofcities.org I jtitcomb@pbcgov.h
Tel. 561-355-4484 . Fax 561-355-6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401
RECEIVED
CITY MANAGER'S OFFICE
MAR 0 1 2006
Directory & Contact Update Form
To keep the League directory and notification methods as current and up-to-date as possible, please
provide us with any changes or updates within your town council/commission, membership andor
necessary municipal information. Thank you for your assistance!
Population: LL
Official Address:
Telephone: Fax:
Schedule of Meetings:
10 5'00 p. IC?/Lf WI
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Website:
Mayor: E-mail:
Mayor Pro Tem: E-mail:
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Vice Mayor: E-mail:
Vice Mayor Pro Tem: E-mail:
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E-mail:
E-mail:
UmXh,YL4WMh%jW E-mail:
TownlCityNillage Clerk E-mail:
E-mail:
Police Chief: E-Gail:
Fire Chief:
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TownlCityNillage Manager:
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Please return this form to the League office no later than April 14,2006.
Tel. (561) 355-4484 Fax (561) 355-6545
jtitcomb@co.palm-beach.fl.us www.leagueofcities.org
Mail: P.O.Box 1989, Governmental Center, West Palm Beach, Florida 33402 Office: 301 North Olive Avenue, Suite 1002.17, West Palm Beach, Florida 33401
March 16,2006 City Council Meeting Comments
Tom Sosey
149 Bent Tree Drive, PBG
by
Good evening council members. I have one request,
REQUEST
d one comment tonight.
My request regards recent BorlandMidTown actions that the City of PBG has taken. I and
other city residents are aware that on Feb 8, Feb 27 & Mar 8,2006 Mr. Vito DeFrancesco asked
for certain copies of public information on BorlandMidTown.
If you are aware of why his request has not been honored, please advise me tonight, or, if you
are aware of why his request will not be honored, please advise me tonight, but if you are
unaware of his request at all, please do the right thing tonight and request City Staff to provide
the copies of the information he is seeking and specify a date certain. He has asked for these
items:
(1) A copy of the public notice for the most recent DRC meeting for the Borland/MidTown
(2) A copy of minutes of the most recent DRC meeting for the BorlandMidTown site.
(3) A copy of the most recent DRC approval/certification document for the
(4) The date of most recent pre-application meeting for the BorlandMidTown site.
(5) A copy of the attendees and minutes of the most recent pre-application meeting for the
(6) A copy of the date of the most recent P&Z workshop for the Borland/MidTown site.
(7) A copy of the most recent P&Z workshop minutes for the BorlandMidTown site.
(8) A copy of the City of Palm Beach Gardens Code stating that resolutions do not require
two public hearings.
(9) A copy of the City of Palm Beach Gardens Code or Florida Statue reference that states
cross examination at quasi-judicial public hearing proceedings only applies to the spoken
word and does not apply to documents entered into the official record for that quasi-
judicial proceeding.
site.
BorlandMidtown site.
BorlandMidTown site.
March 16,2006 City Council Meeting Comments (Cont’d)
Tom Sosey
149 Bent Tree Drive, PBG
by
COMMENT
My comment regards the appointing of the mayor and vice mayor for the next governmental
period. My belief is that the historical method of appointing the mayor and vice mayor by
having only the city council members nominate and vote among themselves should be
continued. Who else knows, more than council members themselves, the strengths and
weaknesses of each member since they work closely with each other in city matters? Council
members alone are the appropriate body to continue to elect our city leaders. The procedure has
worked well in the past and it should continue.
May I please have your answer to the request regarding the BorlandMidTown copies of
information requested by Vito DeFrancesco?
Thank you for the opportunity to present these comments.
N C C +- a N
0
COMMENTS FROM THE PUBLIC
Please Print
Name:
Address:
I
City: I
~~~~ ~ ~ ~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.