HomeMy WebLinkAboutAgenda Council Agenda 101906
City of Palm Beach Gardens
Council Agenda
October 19, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 19, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV (Page 5) ANNOUNCEMENTS / PRESENTATIONS:
a. Presentation of a check from Palm Beach Gardens Medical Center for Police
Department AED Units.
b. Presentation by the American Heart Association designating Palm Beach Gardens
as a Heart Safe City.
c. Presentation of the Distinguished Budget Award and the Certificate of
Achievement for Financial Reporting by John Pryor with the FGFOA (Florida
Government Finance Officers Association).
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 6) Approve Minutes from the September 20, 2006 regular City Council
meeting.
b. (Staff Report on Page 13, Resolution on Page 15) Resolution 122, 2006 –
Continuing contract for professional services to Ardaman & Associates, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a work authorization to Ardaman & Associates, Inc. for consulting
services associated with year No. 6 of the Gardens Park Contamination
Remediation Project; and providing an effective date.
c. (Page 21) Make a Difference Day Proclamation.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 22, Resolution on Page 25) Resolution 120, 2006 –
Approving and ratifying the collective bargaining agreement between the City and
the SEIU. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving and ratifying a collective bargaining agreement between the
National Conference of Firemen and Oilers (SEIU), Local 1227, and the City of
Palm Beach Gardens for the fiscal years 2006-2007, 2007-2008, 2008-2009;
authorizing the Mayor and the City Clerk to execute said agreement; and
providing an effective date.
b. (Staff Report on Page 75, Resolution on Page 78) Resolution 121, 2006 –
Approving nineteen (19) continuing contracts for professional services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving continuing contracts for professional services to Ardaman &
Associates, Inc.; Calvin, Giordano & Associates, Inc.; Dunkelberger Engineering
& Testing, Inc.; Elements, LLC; Jordan, Jones, & Goulding, Inc.; Keith and
Schnars, Inc. P.A.; L D Astorino Architects, Inc.; L M Engineering, Inc. d/b/a
GFA International; Mactec Engineering and Consulting, Inc.; McMahon
Transportation, Engineering, and Planning, Inc.; Mock Roos & Associates, Inc.;
Nutting Engineers of Florida, Inc.; Radise International, L.C.; R.J. Behar &
Company, Inc.; The RMPK Group, Inc.; Saltz Michelson Architects, Inc.; Scheda
Ecological Associates, Inc.; The Tamara Peacock Company; and Wantman
Group, Inc. as required by Consultants’ Competitive Negotiation Act; and
providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 461) Charter Review Committee Report.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
c
ANNOUNCEMENTS / PRESENTATIONS:
a. Presentation of a check fkom Palm b&ch Gardens Medical Center for
Police Department AEiD Units.
b. Presentation by the American Heart Association designating Palm Beach
Gardens as a Heart Safe City.
c. Presentation of the Distinguished Budget Award and the Certificate of
Achievement for Financial Reporting by John Pryor with the FGFOA
(Florida Government Finance Officers Association).
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 20, 2006
The September 20, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 6:03 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 Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
PUBLIC HEARINGS FOR 2006/2007 BUDGET– Non-Quasi Judicial:
Second Public Hearing of the Fiscal Year 2006/2007 Budget – Finance Director Allan
Owens presented the Fiscal Year 2006/2007 budget, specifically Resolution 102, 2006 which
would adopt a millage, and Ordinance 28, 2006 which would adopt a budget. At the first
public hearing, Council had approved a tentative millage rate of 5.755% resulting in zero
increase for homestead properties. This exceeded the rolled back rate of 17.03%. Mr. Owens
reviewed changes to the budget that the City Council had made at the first hearing and the
actions to be made regarding the budget as required by State Statute.
Resolution 102, 2006 - Setting the FY 2007 millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of
Palm Beach Gardens for the Fiscal Year commencing October 1, 2006, and ending
September 30, 2007; directing the City Clerk to forward a certified copy of this Resolution to
the Property Appraiser and Tax Collector within three (3) days after its adoption; and
providing an effective date. AND
Ordinance 28, 2006 – (2nd reading and adoption) – Adopting Fiscal Year 2006/2007 budget.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a
budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2006
and ending September 30, 2007; and providing an effective date. Mayor Russo declared the
public hearing open. The City Clerk read Resolution 102, 2006 and Ordinance 28, 2006 by
title only. Casey Steinbacher, Chamber of Commerce, presented a position statement from
the Chamber of Commerce, and explained the impact on the business community was far
different and that ad valorem tax increases averaged 31%-35%. Ms. Steinbacher
complimented the City on their 5-year projections and made suggestions for future budget
process decisions. Tom Sosey, 149 Bent Tree, expressed disappointment that the comments
of the Budget Committee had only been available for review by citizens for five days, urged
the Council to recalculate the reserve to be 15% and use the savings to reduce the millage,
negotiate employee benefits to reduce future costs, to follow the actuary’s recommendation
to correct underfunding of police and fire pension plans, to bring firefighters and police into
the Florida Retirement System pension plan which would necessitate the City paying off any
under funded liabilities, to prioritize capital projects, to re-evaluate the payroll levels using
more representative firms, to make this year’s public comments available for the 2007
budget for reference and comparison purposes, and to make his comments part of a written
record. Paul Vota, resident, expressed his opinion that with record ad valorem revenues
much more could be done, that businesses were in distress and were offered no relief, new
development would be paying taxes next year, and asked for an aggressive attempt by the
City and Council to reduce annual expenses, commented it was becoming affordable to live
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 2
in the City, and requested return of $5 million of reserve by rolling down the millage and
holding $7 million for emergency use. Terrance Brady, Garden Oaks, expressed hope the
Council took into account the taxes and insurance residents had to pay and noted 400 homes
were in foreclosure within the City. Hearing no further comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Valeche asked why the
transportation initiative was to only operate six days a week and 51 weeks a year; and
pointed out this cost would be funded by the City in the future. Discussion ensued.
Councilmember Valeche requested to offset the $25,000 added for cultural events by cutting
expenses. Vice Mayor Barnett proposed spending $5,000 for a science lab at Timber Trace
and suggested taking it from public relations. Following discussion on this matter, the Vice
Mayor requested the City Manager place this on an upcoming agenda. Councilmember
Valeche proposed a millage reduction to 5.54% by reducing reserves to 15%.
Councilmember Jablin expressed his opinion that bioscience should be supported;
Councilmember Levy and Vice Mayor Barnett expressed concern regarding keeping the tax
rate stable. Following discussion of proposed reductions to return money to taxpayers,
Councilmember Jablin made a motion to amend the tentative budget and the tentative
millage by reducing the millage rate to 5.659%. Councilmember Levy seconded the motion.
The motion carried 4-1 with Councilmember Valeche voting against the motion, explaining
that his proposal would have designated $332,000 for a department he had a lot of questions
about and there was still a 25% increase in taxes. A short recess was declared to allow
recalculation of budget figures. Upon reconvening, Councilmember Jablin made a motion
that the City of Palm Beach Gardens adopt a final millage rate of 5.655 mills, 5.495
operating and .16 debts, which exceeds the roll back rate of 4.7807 mills by 14.94%.
Councilmember Levy seconded. Motion passed 4-1 with Councilmember Valeche opposed.
Councilmember Jablin moved approval of Resolution 102, 2006 setting the final millage rate
of for the Fiscal Year of 2006/2007 at 5.655 mills. Councilmember Levy seconded the
motion, which carried 4-1 with Councilmember Valeche opposed. Councilmember Jablin
moved adoption of Ordinance 28, 2006 on second and final reading adopting a final budget
for fiscal year 2006/2007 with amendments to provide a rate reduction by reducing the
General Fund Budget by $886,061. Councilmember Levy seconded the motion, which
carried 4-1 with Councilmember Valeche opposed.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Vice Mayor Barnett reported she had been approached by the founder of the Palm Beach
County Human Rights Council in regard to providing domestic partnership rights to full-time
employees of the City, using the county’s registry. City Manager Ferris requested time to
evaluate the policy. Consensus of Council was to place a presentation on the October 5
agenda. Vice Mayor Barnett reported attending several meetings on workforce housing and
advised of decisions that needed to be made by the City. Councilmember Levy reported on
the cool cities proposal to achieve reduction of greenhouse effect, which could be an
opportunity to save taxpayers money, and requested the Sierra Club make a presentation on
the November 2 agenda and that staff also make a presentation. Councilmember Levy
announced National Walk to School Day on October 6, 2006, and asked for volunteers.
Councilmember Levy expressed concern the school busses arrived late so people were
driving their children, and asked for permission to contact the school board representative
regarding this issue. Mayor Russo reported he was on a call-in show and a senior requested
video arcades. Mayor Russo reported he attended the Economic Development Advisory
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 3
Board meeting and they wanted to be included in the City’s economic development process.
The Mayor asked Council to support directing staff to look at doubling the homestead rebate
for seniors over 65. Mayor Russo expressed his opinion the City needed to get active in the
county’s western development plan to be sure the City residents were protected. The Mayor
indicated charter review was an issue for the March ballot and requested a Council/Manager
workshop. A mailing which went out regarding the budget hearing was discussed.
CITY MANAGER REPORT:
Growth Management Director Kara Irwin presented an update on the Board of County
Commissioners’ meeting discussing the future of the Mecca site. She reported the
Commission made motions for staff evaluation to review the sector plan, impacts of 2 units
per acre, whether there was justification to increase or decrease density for the developments
within the sector plan, to investigate impacts of transferring development rights from the
Mecca site to the other properties within the sector plan; to require minimum of 20%
workforce housing for all projects within the sector plan and to be able to increase that if
warranted; to evaluate creation of a transportation overlay; to evaluate developments with or
without extension of PGA Boulevard. Ms. Irwin reported how the staff was working with the
county on this matter, and answered questions from the City Council.
Ms. Irwin reported a proposed comprehensive plan amendment to MXD regulations was
tabled by the Planning Zoning and Appeals board. Mayor Russo explained six months to a
year would be lost if this process was not started now, and this could also affect getting the
Tri Rail station. Discussion ensued. Vice Mayor Barnett expressed her opinion this was not
ready to go forward. Ms. Irwin explained why these proposals for comprehensive plan
amendments were being presented. The City Attorney pointed out the City Council had
promised in the Interlocal agreement to make amendments to the comprehensive plan, and
explained the transmittal process. Consensus was to encourage the Planning, Zoning and
Appeals Board to proceed through the process as quickly as possible and go beyond the text
presented and suggest more alternatives.
Ms. Irwin provided an update of the plans for a charrette, and reported Gladding Jackson had
received the contract. Vice Mayor Barnett expressed her opinion staff was taking direction
on some issues without a consensus from Council.
COMMENTS FROM THE PUBLIC:
Mayor Russo read into the record a letter from Linda Monroe regarding her opinion on the
budget. Vito DeFrancesco, Shady Lakes, commented on the future land use map transmittal
and that densities and intensities were being changed, and none of the properties were
posted, and he believed voting on the amendments tonight would be illegal. Ms. Irwin
reported posting the properties were not required under Ordinance 16, 2006, only an
advertisement was required. Carolyn Chaplik, Hudson Bay Drive, expressed concern there
were 400 foreclosures in Palm Beach Gardens and that would create a problem in keeping a
stable tax base. Ms. Chaplik expressed her opinion the 20% minimum for workforce housing
and height restrictions should be removed before transmittal to DCA, so that these could be
studied and details set later.
CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore,
the following items were approved on the consent agenda:
a. Resolution 106, 2006 – Renewal of Preferred Government Insurance Trust
(PGIT). A Resolution of the City Council of the City of Palm Beach Gardens,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 4
Florida approving the renewal of Preferred Governmental Insurance Trust
Insurance Program for Fiscal Year 2006/2007; and providing an effective
date.
b. Resolution 110, 2006 - Contract award to Davco Electrical Contractors
Corporation. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Davco Electrical Contractors
Corporation for the purchase and installation of sports lighting at PGA
National Park via an existing agreement with the School District of Palm
Beach County; and providing an effective date.
c. Resolution 111, 2006 - Amend the contribution percentages to the ICMA
retirement plan. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an amendment to the defined contribution
retirement plan administered by the ICMA Retirement Corporation for City
employees; and providing an effective date.
d. Proclamation – Graffiti Eradication Awareness Day.
PUBLIC HEARINGS:
Part I – Quasi-judicial - none
Part II – Non-Quasi-judicial
Ordinance 17, 2006 - (1st reading) - Large Scale Future Land Use Map Amendment (Future
Land Use Element). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Future Land Use Map of the Comprehensive Plan of the City of Palm
Beach Gardens to apply the Bioscience Research Protection Overlay (BRPO) to certain
properties with an underlying comprehensive plan designation of MXD or I, generally
located in the I-95 corridor, as more particularly described herein, consisting of
approximately 591 acres, more or less; and providing an effective date. The City Clerk read
Ordinance 17, 2006 on first reading by title. Growth Management Director Kara Irwin
provided the staff presentation for Ordinances 17, 18, 19 and 20, 2006 and answered
questions from the City Council. Mayor Russo declared the public hearing open for
Ordinance 17, 2006. Vito DeFrancesco, Shady Lakes, commented the new subcategory
would raise the density and intensity, asked that the property be posted, and asked that the
Council do what was right. Ms. Irwin clarified this was an overlay that did not increase
density and intensity, and Mr. DeFrancesco was speaking about a different ordinance. John
Chaplik, Hudson Bay Drive, asked what would happen if no biotech tenants could be found.
Ms. Irwin explained this did not require only biotech but allowed biotech. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved approval of Ordinance 17, 2006 on first reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 18, 2006 - (1st reading) - Text Amendment to the Future Land Use Element
(FLUE). - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Future Land Use Element of the Comprehensive Plan of the City of Palm
Beach Gardens relating to the creation of a Bioscience Research Protection Overlay
(BRPO); and providing an effective date. The City Clerk read Ordinance 18, 2006 on first
reading by title only. Mayor Russo declared the public hearing open for Ordinance 18, 2006.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved approval of Ordinance 18, 2006 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 5
Ordinance 19, 2006 - (1st reading) - Text Amendment to the Economic Development
Element (EDE). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Economic Development Element of the Comprehensive Plan of the
City of Palm Beach Gardens relating to the creation of a Bioscience Research Protection
Overlay (BRPO); and providing an effective date. The City Clerk read Ordinance 19, 2006
on first reading by title only. Mayor Russo declared the public hearing open for Ordinance
19, 2006. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Councilmember Jablin moved approval of Ordinance 19, 2006 on first reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 20, 2006 - (1st reading) - Text Amendment to the Intergovernmental Coordination
Element (ICE). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending the Intergovernmental Coordination Element of the Comprehensive Plan
of the City of Palm Beach Gardens relating to the creation of a Bioscience Research
Protection Overlay (BRPO) and the Bioscience Land Protection Advisory Board; and
providing an effective date. The City Clerk read Ordinance 20, 2006 on first reading by title
only. Mayor Russo declared the public hearing open for Ordinance 20, 2006. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved approval of Ordinance 20, 2006 on first reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 25, 2006 – (2nd reading and adoption) – PGA Overlay Revision. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida amending Section 78-221,
entitled “PGA Boulevard Corridor Overlay” of the City Code of Ordinances; providing for
Codification; and providing an effective date. The City Clerk read Ordinance 25, 2006 on
second reading by title only. Mayor Russo declared the public hearing open for Ordinance
25, 2006. Brad Wiseman of the Growth Management Department provided an update since
the last meeting. Vito DeFrancesco, Shady Lakes, commented on changes made by City
Council to which he objected, which he believed would create more hubbub on the roads and
which he believed were for the benefit of two specific developers. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin moved adoption of Ordinance 25, 2006 on second reading by title only with the
change made since the last hearing. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
Ordinance 26, 2006 - (2nd reading and adoption) - Amendment to the City’s Code of
Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
related to Illumination of Buildings and Uses; amending Section 78-182, Code of
Ordinances, entitled “Lighting Regulations; amending Section 78-751, Code of Ordinances,
entitled “Definitions”; providing for codification; and providing an effective date. The City
Clerk read Ordinance 26, 2006 by title. Steve Mayer, Planner, provided an update since first
reading and read additional proposed language regarding maintenance. Mayor Russo
declared the public hearing open for Ordinance 26, 2006. Carolyn Chaplik, Hudson Bay
Drive, asked if this pertained to lighting residence house numbers. Staff advised this
ordinance did not affect that at all. Vito DeFrancesco, Shady Lakes, reported he had brought
to the Council’s attention several times regarding Mr. Channing’s lights and he felt the law
was being changed for Mr. Channing, and expressed distrust of the Council. Hearing no
further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved adoption of Ordinance 26, 2006 on second reading with the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 6
changes on 78.182(c). Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
RESOLUTIONS:
Resolution 98, 2006 - Approving a concurrent processing Agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida allowing the concurrent processing
of a Planned Unit Development (PUD) with a minor conditional use and a Comprehensive
Plan Amendment for the 1.01-acre parcel located on the South side of PGA Boulevard,
approximately 500 feet West of Military Trail and East of PGA Commons Phase III;
approving a concurrent processing agreement; and providing an effective date. Brian
Cheguis, Cotleur & Hearing, provided a presentation on behalf of the applicant.
Councilmember Jablin made a motion to approve Resolution 98, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Resolution 114, 2006 – Dissolving the 2006 Charter Review Committee. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida dissolving the 2005 Charter
Review Committee; and providing an effective date. Councilmember Jablin made a motion
to approve Resolution 114, 2006. Councilmember Levy seconded the motion, which carried
by unanimous 5-0 vote. Consensus was to place the Committee’s recommendations on the
agenda for the second meeting in October for discussion.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/20/06 7
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:05 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR BARNETT
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
CITY OF PALM BEACH GARDENS Cl’rr COUNCIL ’
AgendaCover Memorandum ,
.\ Date: October 2, 2006
Meeting Date: ’October 19, 2006s
Resolution 122, 2006-
’ SubjecUAgenda Item: Consider award of a Work Authorization to Ardaman & Associates,
Inc. for Year No. 6 of professional operation and maintenance ’services related to the”.
Gardens Park Remediation Project for an amount not to exceed $87,513.00, via their
existing Continuing Contract for Professional Services with the City
[ X 3 Recommendation to APPROVE
] Recommendatic I to DENY
i I I
1
c
I Reviewed by: ‘
City Attorney
Fia r
Submitted by:
Jack Doughney,
Commuoity Services
City Madage/
I
Originating Dept.:
Administration
Angel
Operations Manager
Community Services
Department I’
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties 1
f-pmed
I X 1 Not reauired
Costs: $ 87,513.00
(Total)
$87,513.00
Current FY
3
Funding Source:’
[ X ] Operating
[ ]Other
,\
Budget Acct.#:
001.3000.519.3155
c
2ouncil Action:
] Approved
] Approved wl
conditions
: ] Denied
; ] Continued to:
Attachments:
Resolution 122, 2006
Exhibit A: Work
Authorization No. CS-008
[ ]None
-,--
.I
.: ,
+,
.. ..
Date: September 29, 2006
Meeting Date: October 19, 2006
a p. Resolution 122, 2006 A
..
BACKGROUND: The Florida Department of Environmental Protection (FDEP) has
identified an area located in Gardens Park where solvent contamination is present.
Subsequent subsurface explorations and studies performed by Ardaman & Associates, Inc.
under supervision of the City Engineer have determined the general horizontal and vertical
extents of the contamination source area. A Contamination Assessment Plan,
Contamination Assessment Report, and Interim Remedial Action Plan, along with their
addenda, were approved by FDEP.
A two-phase remediation system was designed to clean up the contamination source area.
An Air Sparging/Soil Vapor Extraction system was designed to remediate the ’solvent
source area and a small pump and treat remediation system was designed to contain the
source area on the City’s property. Installation of the remediation system has been
completed, and the system has been operated and maintained by Ardaman & Associates,
, Inc. for the last five years.
Ardaman & Associates, Inc. has submitted a proposal to the City Engineer for the sixth
year of operating and maintaining *the remediation system, which is estimated at
$87’51 3.00. Ardaman’s labor and equipment rates are based on their continuing contract
for Professional Services with -the City, which is effective on October 19, 2006.
Approximately $1 .I million has been spent to date to Ardaman for remediation services
since the project’s inception in December 1998.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 122, 2006 as
presented. <-
t
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
,42
43
44
45
46
Date Prepared:’September 29, 2006
RESOLUTION 122,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION TO ARDAMAN & ASSOCIATES, INC. FOR
CONSULTING SERVICES ASSOCIATED WITH YEAR NO. 6 OF
THE GARDENS PARK CONTAMINATION REMEDIATION
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to continue operating and maintaining the Gardens
Park Remediation Project (“Project”); and
WHEREAS, the City awarded a continuing contract for Professional Services to
Ardaman & Associates, Inc., per Resolution 121, 2006 dated October 19, 2006,
pursuant to the Consultants’ Competitive Negotiation Act, which is incorporated herein
by reference; and
WHEREAS, the City has received a proposal from Ardaman & Associates, Inc. to
provide professional services for Year No. 6 of the Gardens Park Contamination
Remediation Project, commencing on November I , 2006, and continuing through
September 30, 2007, in the amount of $87,513.00; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization to Ardaman & Associates, Inc., attached hereto as Exhibit “A”; 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 awards a Work Authorization for
Professional Services related to the Gardens Park Remediation Project to Ardaman &
Associates Inc., in the amount of $87,513.00 based on its continuing contract for
Professional Services dated October 19, 2006, and authorizes the Mayor and City Clerk to
execute the Work Authorization.
SECTION 3. This Resolution shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: September 29,2006
Resolution 122, 2006
,2006. II PASSED AND ADOPTED this day of
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COU NCI LM EM B E R LEVY
COUNCILMEMBER VALECHE ---
---
G:\attorney-share\RESOLUTIONS\ardaman - work auth - reso 122 2006.doc
2
1 d
Date: September 29, 2006
Meeting Date: October 19, 2006
Resolution 122, 2006
EXHIBIT A
T
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION FOR PROFESSIONAL SERVICES
WORK AUTH. NO. CS-0008 DATE: October 19,2006
PROJECT NO. - N/A
PROJECT TITLE: GARDENS PARK CONTAMINATION REMEDIATION PROJECT
CONTRACTOR: ARDAMAN AND ASSOCIATES, INC.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the Continuing Contract for
Professional Services dated October 19, 2006, by this reference incorporated herein, for this
project and to perform the work accordingly, subject to all contract stipulations and covenants
for an amount not to exceed $87,513.00.
The work shall commence on November 1,2006 and be complete no later than September 30, - 2007.
/--- n
CUJ ork authorization, a&&,, be bound by the terms
DEPARTMENT: ACCOUNT NUMBER:
Community Services Department 001.3000.539.31 55
ved as to Form
Work Authorizations over $50,000 or more require the following signatures:
CITY OF PALM BEACH GARDENS, FL
MAYOR/COUNCILMEMBER DATE CITY CLERK DATE
YmArdaman
& Associates, Inc.
September 27,2006 I Project No. : 01-0984B
FaxlRegular Mail
Angela Wong
Operations Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Operation & Maintenance (O&M) Budget for Active Remediation at the City of Palm , Beach Gardens Recreational Fields from 11/1/06 to 9/30/07.
Ms. Wong:
Ardaman & Associates, Inc. (Ardaman) is pleased to provide the City of Palm Beach
Gardens with a proposed budget for the sixth .year of active remediation at the above
referenced site. A breakdown of the estimated budget cost is as follows:
)*
1. Quarter 19 0 & M, Sampling and Report preparation. Sampling and disposal cost
for the drilling cuttings for the new monitor wells installed on the Sermatech
Prop e rt y .
Estimated Budget: $22,948.00
2. Quarter 20 0 & M, Sampling and Report preparation.
Estimated Budget: $21,550.00
3. Quarter 21 0 & M, Sampling and Report preparation.
Estimated Budget: $21,250.00
4. Quarter 22 0 & MI Sampling and Report preparation.
Estimated Budget: $21,250.00
5. Meetings with DEP and Addenda.
Estimated Budget: $51 5.00
This Estimated Budget includes costs for operation of the remediation equipment for the
full year. Although it is anticipated that monitoring only for a period of two quarters during
the first part of the new fiscal year, the reduction for the maintenance cost is not included.
This reduction in cost will be reflected when DEP has approved the monitoring request.
The total Estimated Budget for the period of November 1,2006 to September 30,2007 is
$8731 3.00. This Estimated Budget represents a reduction of approximately 25 percent
from last year.
2200 North Florida Mango Road, Suite 101, West Palm Beach, Florida 33409
Offices in' Bartow, Cocoa, Fort Myers, Mlami. Orlando, Port Charlotte. Port St Lucie, Sarasota, Tallahassee, Tampa, W Palm Beach
Phone (561) 687-8200 FAX (561) 640-7375
If you should require any additional information on the Estimated Budget or have any
comments on the above matter please'contact me by phone at 561 -687-8200 extension
212 or by e-mail at dboudreaux@ardaman.com.
Sincerely yours,
Ardaman & Associates, Inc.
bennis Boudreaux, P.E., CGC
Remediation Department Manager
' cc: John Donahue, LBFH, lnc.
G.\Pompano\2001\01-984\Year 6Wngela Bud Esl Y6 Cov Let REVISED-PDF.wpd
I.
-* 'I
CITY OF PALM.BEACH'GARDENSClN COUNCIL -1
-. Agenda Cover Memorandum
Date Prepared: September 28,2006
Meeting Date: October 19,2006
Resolution: 120,2006
. **
SubjectlAgenda Item:
Approving and ratifying the collective bargaining agreement between the National
' Conference of Firemen and Oilers, SEIU, Local 1227 and the City for the Fiscal Years ..
2006-2007, 2007-2008, 2008-2009.
-' [XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
City Attorney &
Communitv Services
Submitted by:
Department Director
Originating Dept.:
Human Resources
Sheryl Stewart
HR Administrator
Advertised:
Date:
Paper:
[ ] Not Required
Affected parties 1
[ ]Notified
/
I X 1 Not reauired
Costs: $483,836.33
(Total)
c
$151,977.74
Current Fy
Funding Source:
[ X ] Operating
[ ] Other
Budget Acct.#:
1210 in respective
divisions of Community
Services Dept.
Souncil Action:
: ] Approved
1 ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attach men ts:
Resolution 120, 2006
None
Date Prepared: September 28,2006
Meeting Date: October 19,2006
Resolution: 120,2006
The City began negotiations with the National Conference of Firemen and Oilers Service
Employees International Union (SEIU) Local 1227 in April 2006 for a new three-year-
Collective Bargaining Agreement that expired on September 30, 2006. Members of the
bargaining unit include 81 employees from the Community Services Department (Public
Works, Parks, Grounds, Recreation, and Golf Course). Historically, negotiations between
the City and the SEIU have been conducted through the collective bargaining process.
.
Through this process, both the City‘s negotiating team and the SEW modified some of the
agreement provisions to clarify operational issues, and to provide flexibility with respect to
work assignments. Highlights are as follows:
I
Chancle of status - updated to allow for temporary transfers, reassignments or shift
changes of up to two (2) weeks with a minimum of forty-eight (48) hours notice by the
department. This section would continue to be waived in cases of emergency.
Insurance - updated to provide bargaining ‘unit employees with the same insurance
benefits provided to non-management employees.
Holidavs - updated to provide that an employee must work the scheduled shifts before and
after the holiday or be on an approved leave in order to receive holiday pay.
Acute Illness Leave - updated to allow employees to utilize acute illness leave starting on
the fourth consecutive day of illness, after three (3) consecutive personal days as a result
of illness. Past practice has been to convert the first three (3) days from personal to acute
leave once the employee has submitted written verification from a licensed physician. This
update will mean the first three (3) days will remain as personal leave days.
8
Salaries - provides for the 81 employees a six percent (6%) salary increase each year of
the contract at a total cost of $483,836.33 distributed over three years. The recently
approved collective bargaining agreement with the Professional Firefighters/Paramedics
(IAFF) provides for the 110 employees a six percent (6%) salary increase each year of the
contract at a total cost of $1,506,987 distributed over three years (for fiscal’year 2005-
On September 21, 2006, a tentative agreement was reached between the City’s
negotiating team and the SEIU, as indicated by the attached Exhibit A. On October 2,
2006, the union members affected by the agreement voted in favor of ratification of the
agreement, which is now before Council for approval. The attached memo from the SEIU
confirms the results of the union’s ratification vote held on October 2, 2006.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 120, 2006,
ratifying the collective bargaining agreement between the City and the SEIU.
2006,2006-2007,2007-2008).
d
OCT 03 2006 10:OSAM HP LASERJET 3200 P- 1 *
r
NaUional Conference of Firemen & Oilers
SElU NCFO Local 1227, AFL-CIO, CLC
937 Belvedere Road
’ >-
West Palm Beach, Florida 33405 .
FAXED MEMORANDUM
NCFO
DATE:
Faxed to:
FROM:
.,SUBJECT:
October 3,2006
Sheryl Stewart, HR Dept.
Clty of Palm Beach Gardens
561 -799-4 170
Sharon A. Munley, President
Rat if i cat i on Vote
Total Pages (Including Cover Sheet): 1
Here are the results of yesterday’s Ratification Vote:
f
I YES - 37
NO - :16
Kindly proceed with Commissio~n I. Ratification.
Thank you:
?
3 Phone: 561-366-95 13 Fax: 561 -366-9554 Toll Free: I-888-702-08 10 Website: wnrW.lOca~l~27.Org ”
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: September 27,2006
RESOLUTION 120,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NATIONAL
CONFERENCE OF FIREMEN AND OILERS (SEIU), LOCAL 1227, AND
THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEARS
THE CITY CLERK TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
2006-2007,2007-2008,2008-2009; AUTHORIZING THE MAYOR AND
WHEREAS, the City’s Negotiating Team and the NCF&O, SEIU, Local 1227; have
reached an agreement regarding the collective bargaining agreement for members
employed by the City of Palm Beach Gardens for fiscal years 2006-2007, 2007-2008,
2008-2009; and
WHEREAS, the members of the NCF&O, SEIU affected by the agreement have
voted in favor of ratification of said agreement; and
WHEREAS, such agreement has been prepared and is attached hereto as Exhibit
“A”; 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 and ratifies the Collective
Bargaining Agreement between the City and the National Conference of Firemen and
Oilers (SEIU), Local 1227, for fiscal years 2006-2007,2007-2008; 2008-2009, and hereby
authorizes the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
P
5
1.
2
3
4
5
6
7
8
9
10
11
12 ' 13
.I4
15
. 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46 47
Date Prepared: September 27,2006
Resolution 120, 2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk $*
APPROVED AS TO.FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COU NC I LM E M B E R LEVY ---
COUNCILMEMBER VALECHE ---
1
\\PbgsfileWttorneylattorney-share\RESOLUTlONS\SElU contract- reso 1.20 2006.doc
2 \
EXHIBIT A
". . '.
t
d
Date Prepared: October 21, 2003
Resolution 208, 2003 i
'6
&.. ,
1. -
PI;- < ..
THE CITY OF PALM BEACH GARDENS
.AND
NATIONAL CONFERENCE OF FIREMEN & OILERS
L
i
u'
6. " SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL i227 Y' *
I'
OCTOBER 1,2006 THROUGH SEPTEMBER $0,2009 . .- ,
TABLE OF CONTENTS
Page
ARTICLE 1 PREAMBLE ...................................................................... i .................................................. 3
ARTICLE 2 RECOGNITION .................................................................................................................... 4
ARTICLE 3 NON-DISCRIMINATION .................................................................................................... 5
ARTICLE 4 DUES DEDUCTION ............................................................................................................ 6
ARTICLE 5 MANAGEMENT RIGHTS ........................................................................................... : ....... 8
ARTICLE 6 ASSOCIATION REPRESENTATIVES ................... ; .................................................... ...... 9
ARTICLE 7 BULLETIN BOARDS ........................................................................................................ 10
ARTICLE 8 BARGAINING UNIT IDENTIFICATION ......................................................................... 11
I I
ARTICLE 9 WORKERS’ COMPENSATION & DUTY DISABILITY LEAVE ................................ 12
ARTICLE 10 MILITARY LEAVE ........................................................................................................... 13
ARTICLE 1 1 LABOR MANAGEMENT COMMITTEE ......................................................................... 14
ARTICLE 12 CHANGE OF STATUS ...................................................................................................... 15
ARTICLE 13 PERSONNEL RECORDS/JACKETS ................................................................................. 16
ARTICLE 14 SENIORITY ........................................................................................................................ 17
ARTICLE 15 EMPLOYMENT & PROMOTIONAL POLICY ................................................................. 18
r;
ARTICLE 16 BEREAVEMENT LEAVE ................................................................................................. 19
ARTICLE 1 7 LEGAL BENEFITS ............................................................................................................. 20
ARTICLE 1 8 INSURANCE ....................................................................................................................... 21
:a< . i # ..
ARTICLE 19 TRAVEL ALLOWANCE ..................................... : ............................................................. 22
5 ARTICLE 20 PROHIBITION OF STRIKES ............................................................................................ 23
ARTICLE 2 1 PROBATIONARY PERIOD ............................................................................................... 24
ARTICLE 22 WORKING OUT OF CLASSIFICATION ......................................................................... 25
ARTICLE -23 HOLIDAYS ............................................................. ........................................................... 26
1
*. - 8 3. I
,. . ARTICLE 24 OFF-DUTY EMPLOYMENT .......................................I..............................28
ARTICLE 25 WORKWEEK & OVERTIME ....................... ;.: ..............................................
. .ARTICLE 26 GRIEVANCE & ARBITRATION PROCEDU RE..............................................31
ARTICLE 27 SAVINGS CLAUSE .......................................................... ................................................. 33.
*. ARTICLE 28 SALARY PLAN ............................................. .............................. 1 ..........: .......................... 34
L
-1 ARTICLE 29 VACATION LEAVE ....................................................................................... ....: .............. 35
.I
I.
i ..L
1
./ , ARTICLE 30 ACUTE SICK LEAVE .............................................. .: ........................................................ 36
ARTICLE 3 1 TERMS OF AGREEMENT & REOPENING ........................................................ ,:. ......... 37
ARTICLE 32 MAINTENANCE OF CONDITIONS ........ .;. ... :". ........................... ......I.. . ;.. ................... .:.. .. 38
ARTICLE 33 NO PAY FOR TIME LOSS CAUSED BY GRIEYANCE ................ ............................... 39
ARTICLE 34 LONGEVITY BENEFITS .................. : ....................... ..................; ......................................... 40
..
I.
,$ , ..
I- ?
ARTICLE 35 HIGHER EDUCATION-TUITION REIMBURSEMENT PROGRAM ....................... 41
.' " . ARTICLE 36 DISCIPLINE AND DISCHARGE ........................................................................................ 42
ARTICLE 37 UNIFORMS AND EQUIPMENT ............................................................................ t .......... 43
r. ..
.'
- '. ~
ARTICLE 38 ALCOHOL AND SUBSTANCE ABUSE POLICY .........: ..........: ...................................... : 44- '9.
" ,' &.
ARTICLE 39 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTES ................... 45
-. SIGNATURE PAGE ...................................... :.:. ..... 1 ................................................................... .. .............. 46
2
ARTICLE 1
PREAMBLE
In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City
of Palm Beach Gardens, this Agreement is entered into by and between the City of Palm Beach
Gardens, a municipal corporation in the State of Florida, hereinafter called the "Employer" or "City"
and National Conference of Firemen & Oilers Service Employees Intehational Union, AFL-CIO,
hereinafter referred to as the "NCF&O SEIU", Local 1227or the "Union". The labor Agreement is
applicable for employees as defined in Certificate Number 447 issued to the SEIU in accordance with
the Certificate granted by the Public Employees Relations Commission on January 26, 1979.
The purpose of this Agreement is to promote and maintain harmonious and cooperative relationships
between the employer and employees, both individually and collectively, to provide an orderly and
peaceful means for resolving differences which arise concerning the interpretation or application of
this Agreement, and to set forth herein the basic'and entire Agreement between the parties in the
determination of wages, hours, and terms and conditions of employment.
The parties recognize that the basic interest of the community will be served by assuring the public, at
all times, of orderly and unintempted operations and functions of the municipal goverhment, and by
providing, in the most efficient manner, superior public service to the citizens of the community.
~
Section 1.
Section 2.
Section 3.
1
3
ARTICLE 2 +
RECOGNITION
Section 1. The City of Palm Beach Gardens hereby recognizes the National Conferente of Firemen & Oilers
Service Employees International Union, AFL-CIO, as the exclusive representative for the purpose of
collective bargaining with respect to wages, hours, and teks and conditions of employment for all
employees in the bargaining unit. 4
Section 2. The bargaining unit for which this recognition is accorded is as defined in Certificate Numder 447
granted by the Public Employees Relations Commission on January 26, 1979, comprising the ul
following employees employed by the City of Palm Beach Gardens, specifically included as those ‘*
classified as, Maintenance I, Maintenance 11, MaintenanceIII, Maintenance IV/Lead, Maintenance V,
Plumber, Pool Equipment Mechanic, Electrician, Service Technician, Light Equipment Operator,
Heavy Equipment Operator, Irrigation Technician, Chemical Spray Technician, Traffic Maintenance
Technician, HVAC Technician, Mechanic 11, Mechanic 111, regardless of source of funding; excluding
all other municipal employees, specifically those classified as all professional, fire fighting, sworn .
law enforcement, managerial/confidential; supervisoj. and administrative-clerical employees; and all
other employees of the City of Palm Beach Gardens.
The National Conference of Firemen & Oilers Service Employees International Union, AFL-CIO,
Local 1227, hereby recognizes the City Manager or hidher representative as the Public Employer’s
only representative for the purpose of collective bargaining.
d
I,
Section 3.
*,
Section 4. For the purpose of this Agreement, the terms “bargaining unit employees”, “officer”, “member” and
the “employees” shall be synonymous.
4
\
Section 1.
Section 2.
Section 3.
Section 4
ARTICLE 3
NON-DISCRIMINATION
The City of Palm Beach Gardens will not discriminate against any employee covered by this
Agreement because of membership or non-membership in the Union or authorized activity as required
in this Agreement in behalf of the members of the NCF&O SEN.
The NCF&O SEW will not discriminate against employees covered by this Agreement as to
membership or representation with regard to terms and conditions of membership because of race, *
color, creed, sex, age, or national origin.
The Union recognizeszthat the City of Palm Beach Gardens is firmly committed to securing equal
employment opportunities and freedom from discrimination for all individuals within Palm Beach
Gardens, as set forth by its Equal Employment Opportunities policies.
While claims of discrimination may be processed through normal City complaint procedures? if the
matter cannot be resolved the employee should address the issue to the appropriate county, state
andor federal agencies that deal with these issues. Complaints of discrimination may not be
processed through the arbitration procddure.
5
Section 1.
Section 2.
Section 3.
Section 4.
1 ARTICLE 4
DUES DEDUCTION +
Upon receipt of a lawfully executed written authorization form from an employee, the City of Palm
Beach Gardens agrees to deduct the current regular Union dues once each month and remit such
deductions to the duly elected Treasurer of the NCF&O SEN, Local 1227 within fifteen (1 5) working
days from the date of deduction. The NCF&O SEW will notify the City, in writing, thirty (30)
calendar days prior to any change in the regular NCF&O SEIU dues structure. The employer is
expressly prohibited from any involvement in the collection of fines, penalties, or special assessments
and shall not honor any request of this nature other than for Union dues.
Any employee may upon thirty (30) days written notice to the Finance Administrator and the Union,
cancel his dues deduction.
The NCF&O SEIU agrees to remit to the City the amount of twenty (20) cents per employee for the
administrative cost of each change made in the regular monthly dues. Said remittance shall be due
from the NCF&O SEW within fifteen (1 5) ‘calendar days from receipt of a statement from the City’s
Finance Department.
The NCF&O SEIU agrees to provide necessary Dues Deduction Authorization forms and Notice to
Stop Dues Deduction forms for its members. These forms shall iead as follows:
AUTHORIZATION CARD FOR DEDUCTION OF SEIU DUES
I hereby authorize the City of Palm Beach Gardens to deduct from my wages each month the current
regular monthly NCF&O SEIU dues and to transmit this amount to the Treasurer of the NATIONAL
CONFERENCE OF FIREMEN & OILERS Service Employees International Union, Local 1227,
AFL-CIO. gv
.
Date: Name: Employee I.D.#
Address:
Signature:
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF SEIU DUES
I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the
current regular monthly NCF&O SEIU dues of the Service Employees International Union, Local
1227, AFL-CIO. A copy of this revocation has been forwarded to the Treasurer of the NCF&O SEW.
6
ARTICLE 4: DUES DEDUCTION (continued)
c
rr
Date: Name: Employee I.D.#
Address:
Signature:
Section 5. The NCF&O SEIU agrees to indemnify and hold the City harmless against any and all claims, suits,
orders, and judgment brought and issued against the City as a result of any action taken or not taken
by the City on account of payroll deduction of NCF&O SEIU dues.
7
Section 1.
Section 2.
Section 3.
1.
- ARTICLE5
-4 .. MANAGEMENT RIGHTS
Except as expressly limited by any provision of this Agreement, the City of Palm Beach Gardens
reserves and retains exclusively all of its normal and inherent rights with respect to the management
of its operations, whether exercised or not, including, but not limited to, its rights to deterhe, and
from time to time predetermine, the number, location, and type of its various operations, functions,
and services; the methods, procedures, and policies to be employed; to discontinue the conduct of any
operation function or service, in whole or in part; to transfer its*operations, functions, or services from
or to, either in whole or in part, any of its departments or other divisions; to select and direct the
working force in accordance with requirements determined by the City; to create, modify, or
discontinue jobs; to establish and change working rules and regulations; to establi'sh and change work
schedules and assignments; to transfer or promote employees; to lay off, furlough, demote, terminate
or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reasons;
to suspend, discharge, demote or otherwise discipline employees for just cause; to subcontract; and to
alter or vary past practices and otherwise to take such measures as the City may determine to be
necessary to the orderly and efficient operation of its various operations, functions, and services.
If in the sole discretion of the City Manager it is determined that civil emergency conditions exist,
including, but not limited to, riots, civil disorders, hurricane conditions, similar catastrophes or
disorders, or public employee strikes, the provisions'of the Agreement may be suspended by the City
Manager during the time of the declared emergency, providing that wage rates and other direct
monetary payments shall not be suspended and provided further that any disciplinary action taken
during such declared emergency shall be grievable at the end of the declared emergency.
The exercise of the above-enumerated rights shall not preclude employees or their representatives
from raising grievances should decisions on the above-matters have the practical consequence of
violating the terms and conditions of this Collective Bargaining Agreement.
4
. I
+
8
Section 1.
Section 2:
Section 3.
Section 4.
4.
~ Section 5. r.
., ,
Section 6.
ARTICLE 6 .
w-
NCF&O SEIU REPRESENTATIVES
I.
A bargaining unit member, who is an elected NCF&O SEIU official and/or bargaining unit member of
the NCF&O SEW negotiating team, shall be permitted to use personal leave or other earned time,
excluding acute leave, for the purpose of conducting NCF&O SEIU business and negotiations,
provided that:
(A)
submitted to the Department Administrator or designee for approval.
(B)
the NCF&O SEIU Officials as so determined by the Department Administrator or designee.
It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the
Department Administrator or designee in writing of any change in the designation of NCF&O SEKJ
representatives.
A written request for the use of annual leave or other earned time, excluding acute leave, is
Sufficient manpower is available to maintain efficiency of operations during the absence of
._
NCF&O SEIU representatives, unless authorized by the Department Administrator or.designee, shall
not contact any employee or other,person concerning grievance matters or NCF&O SEIU business
during*either the working4hours of the NCF&O SEIU representative or the worlung hours of any
employee sought to be contacted.
An Employee Organization Time Pool shall be established on the basis of each bargaining unit
member contributing one (1) hour of personal leave to the pool on an annual basis. Said one (1) hour
will be deducted from each bargaining unit member’s leave balance in the 2’ld pay period of October
and thereafter when requested by the NCF&O SEIU to the City Manager’s Office in writing prior to
October 1.
The City agrees that during the term of this Agreement it will deal only with the authorized.
representatives of the Union in all matters requiring mutual consent or other official action called for
by this Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execution of this Agreement any replacement during the term of this
Agreement. Authorized representatives shall be defined as the elected officers of the Union and duly
elected or appointed stewards, provided that notification has been provided in writing to the
Department Administrator or designee at least twenty-four (24) hours in advance. Until such notice is
received, the City is under no obligation’to recognize the individual as an authorized representative of
the Union.
The Union likewise agrees that during the term’of this Agreement the Union and the employees
covered hereunder shall deal only with the City Manager or his representative in matters requiring
mutual consent or other official Action, and specifically the Union agrees that neither the Union nor
the employees hereunder shall seek to involve the City’s elected officials in the administration of this.
Agreement. All matters relating to grievances shall be processed only through the griec-ance
procedure chain of command.
‘
.
i-
b ARTICLE 7
BULLETIN BOARDS
Section 1. Each department, office, or bureau agrees to provide a bulletin board or reasonable space at work
locations which may be used by the Union for the following purposes:
'. A. Notice of Union meetings
B.
6
Notice of Union elections and their results
C. Notices of official Union business
D. Any other communications which has received the prior approval of the City Manager or
designee
I* ,
Section 2. All costs incidental to preparing and posting of the NCF&O'SEIU material will be borne by the Union
and in no way shall City facilities other than the approved bulletin boards be utilized for the
dissemination of NCF&O SEN material. ,
-.
ARTICLE 8
BARGAINING UNIT IDENTIFICATION
Section 1. The City of Palm Beach Gardens agrees to provide to the NCF&O SEIU on an annual basis a roster of
the bargaining unit, including name, address, date of birth, current pay, job title, department, and hire
date.
’ Section 2. Annually, the City of Palm Beach Gardens will provide the Union with a list of employees ranked by
seniority.
.
11
Section 1.
A.
B.
Section 2.
Section 3.
Section 4.
Sectidn 5.
I
: Section 6.
ARTICLE 9
..
WORKERS’ COMPENSATION AND DUTY DISABILITY LEAVE
Job-Related Injury:
The City of Palm Beach Gardens will carry Workers’ Compensation coverage for all employees
covered by this Agreement. The City agrees to pay the premium for said coverage.
When an employee is absent from duty because of an injury determined to be compensable
under the provision of the Workers’ Compensation Act, the employee shall be entitled to full pay less ,
any benefit under the Workers’ Compensation Act for up to the first thirteen (1 3) weeks following the
injury. However, if benefits required by state law exceed this, the employee shall be compensated
accordingly.
Disability Compensation
(See City Policy - Disability h_.. Leave-Compensation for Off-The-Job Illness/Inju&)
When so directed by the City, any employee out of work or released for$ light duty work under
the provision of this Article shall present themselves for a medical examination. The City will
bear the full expense of said examination. The failure of an employee to do so may terminate
payments under this Article.
Whenever an employee is out of work due to an illness or injury and is physically able to
perform some useful light-duty work for the department, the employee may be required to do
so as a condition to-receiving benefits under this Article. An employee assigned to light duty
shall not receive out-of-classification pay.
‘An employee who is able to work after,an illness or injury shall be reinstated, provided if physically
qualified to perform all of the duties and responsibilities of the previous position. Such statement
shall be certified by a medical doctor prior to the employee returning to work. If the employee is
unable to do so, the employee shall have first preference to fill another department position if a
vacancy occurs and the employee qualifies for such position.
The employee shall be subject to termination after completion of twenty-six (26) weeks of disability
or Workers’ compensation.. The determination shall be at the discretion of the Department Director
‘
4
’ or designee and confirmed by the City Manager. ’
12
*
ARTICLE10 *
MILITARY LEAVE
..
Section 1. Employees covered by this Agreement who are members of the Florida National Guard, the Naval
Militia, or members of Reserve Components of the Armed Forces of the United States shall be
entitled to leave of absence from their respective duties without loss of pay for up to seventeen (1 7)
days per year. The City of Palm Beach Gardens will pay the difference between their military pay
and what they would have otherwise earned during each leave.
The employee shall be required to submit an order or statement from the appropriate Military
Command as evidence of such duty. Such order or statement must accompany the formal request for
military leave.
,
b 'I
. Section 2.
Section 3. An employee serving an authorized military leave in accordance with state statute, is entitled to
a leave of absence without loss of personal leave, pay, time, or efficiency rating pursuant to
Sections 250.48 and 115.07, Florida Statutes.
t Section 4. The City of Palm Beach Gardens shall pay the difference between an employee's military salary and
the employee's City salary should the employee be called up for active military duty.
13
Section 1.
Section 2.
Section 3.
Section 4.
ARTICLE 11
LABOR MANAGEMENT COMMITTEE
The City of Palm Beach Gardens and the Union shall establish and maintain a Joint Committee. The
committee will be comprised of four (4) members, two (2) of which shall be appointed,by the City
and two (2) by the Union. It is the responsibi1ity”of the Union representatives to notify, in writing, the
Department Administrator or designee of the tentative date or time for a committee meeting two (2)
weeks before such meeting.
The Union designees shall consist of individuals from within the positions covered by this Agreement,
and the Management designees shall consist of persons outside of the bargaining unit as herein
defined.
It is agreed that the hnction of this Joint Committee shall be to consider areas of work Cn which
modification can be made - including improving the efficiency of operations, safety, and discussion of
problems and objectives of mutual concern. Except for violations of the terms of this Agreement,
matters considered by this committee shall not be subject to arbitration, and the adoption of any
suggestions remains a Management prerogative.
The Labor Management Committee may request that any representative of NCF&O SEW andor .
Management be in attendance during a joint meeting, as established under this Article.
J
14
ARTICLE 12
CHANGE OF STATUS
Section 1. The placement of bargaining unit employees shall be the responsibility of the Department
Administrator or his designee. In transferring employees, the Administrator or his designee will
consider experience, qualifications, specific skills, and seniority when making such transfer or
reassignment.
Employees will be notified at least two (2) weeks in advance of a permanent transfer or reassignment
and at least three (3) weeks in advance of any permanent change of shift that results in a change in the
hours worked. Temporary transfers, reassignments or shift changes of no more than two (2) weeks
may be implemented with a minimum of forty eight (48) hours notice. The City will seek volunteers
before assignments are made. Any individual shall not be required to change more than twice a year.
This provision shall not be utilized to avoid overtime. This section will be waived in cases of ,
emergency.
? Section 2.
15
* ',
~ ARTICLE13
>i PERSONNEL RECORDS / JACKETS
*' Section 1. The City of Palm Beach Gardens agrees that all official personnel records /jackets shall'be kept in the
City's Human Resources Department Central Personnel Jacket and shall be kept confidential to the
extent provided by law. Supervisors may keep working files.
The name and photograph of a bargaining unit employee may be furnished to the news media in order,
to announce promotions or acts of exemplary service.
The City agrees that, upon request and appointment, a bargaining unit employee shall have the right to
inspect hisher official personnel record(s) and jacket. The City shall follow Chapter 119, Florida
Statues.
*
I*
Section 2.
Section 3.
A.
B.
Section 4.
A.
B.
",
4 c.
Inspections may occur during working hours, including half-hour lunch, at a time and in a manner '
mutually acceptable to the employee and the Human Resources Department. An'employie who has a
written grievance on file who is inspecting hidher persodel jacket with respect to such grievance
may have a'representative present during such inspection.
Copies of personnel records in an employee's personnel jacket shall be provided to the employee upon
request if such materials are to be used in conjunction with the processing of a grievance filed by the
employee. The employee shall bear the cost of duplication.
All such insertions, when<approved by the Human Resources Director, will ;emain a permanent part
of the member's official personnel record except as stated herein.
Employees will be notified when a formil," written warning is placed in their personnel jacket.
An employee who has been provided with a written adverse statement may request a meeting with the
Department Director or designee for a review 'of statements contained in the written reprimand.
The employee has a right to include a rebuttal to the written reprimand in the employee's personnel
jacket if the City places the written reprimand in the personnel jacket.
*
I:
wi
%
3.
i
I
5 .I ..
I.
<
16
Section 1.
Section 2.
A.
B.
C.
D.
E.
F.
4
ARTICLE 14
SENIORITY
Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens. 'i
Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other
authorized leave.
Seniority shall be utilized for the following purposes:
Vacations for each calendar year shall be drawn by employees on a basis of seniority preference;
provided, however, that the Department shall retain the right to disregard seniority preference in
the event that it becomes necessary to do so in order to provide adequate coverage in certain
specialized areas during any given vacation period. Nothing contained herein shall be interpreted
as restricting the Department's right to cancel all vacations during any given period in the event of
disaster or emergency.
In the event of a vacancy within the Department, seniority will be considered along with skills, ' '
abilities, and the requirements of the job.
In the event of personnel reduction, employees shall be laid off in the inverse order of their
seniority in their classification. If more than one classification is affected, an employee laid off
from a higher classification shall be given an opportunity to revert to the next lower classification,
provided that he/she is fully qualified to perform the work in that lower classification. Upon reverting
to a lower classification, an employee's seniority shall be determined by the date of his!her permanent
appointment to that classification. All temporary, provisional, limited term, and probationary
employees shall be laid off before any permanent employee is laid off or reduced in classification.
.
I
"'
Employees shall be recalled from layoff in accordance with their seniority in the classification from
which they were laid off. No new employee shall be hired in any classification until all
employees on layoff status in that classification have had an opportunity to return to work;
provided, however, that in the discretion of the Department Director or designee and City
Manager or designee, such employees are physically and mentally capable of performing the work
available at the time of recall. No laid off employee shall retain recall rights beyond twelve (12)
months from the date of layoff.
Employees eligible for recall will be sent a certified letter to their last known address giving
them thirty (30) days to reply as to whether they wish to be considered for their prior position.
The City shall have no further obligation unless it receives a written response within thirty (30)
days of receipt or attempted delivery .* of the letter.
Whenever a layoff becomes necessary, the City Manager or designee shall make every effort to notify
the Union at least two (2) weeks in advance of the intended action and the reasons therefore. .
k
17
I,
-+
ARTICLE 15
EMPLOYMENT AND PROMOTIONAL POLICY -
"*
Section 1. When a regular budgeted job covered by this Agreement is to be filled, a notice from the Human
Resources Department shall be placed on bulletin boards in all departments. Any employee covered
by this Agreement wishing to apply for the job shall submit a separate application stating hidher
qualifications within seven (7) calendar days 6f the date of posting to the Human Resources
.Department. Applications will only be accepted from employees holding a job with a maximum rate
of pay lower than the job to be filled; unless applying for a lower or lateral job is in the best interest of
the employee and the City of Palm Beach Gardens. All applicants will be notified of the results of
their candidacy. Current full-time employees who have acquired the necessary knowledge, skill, and
ability as established in the job description will be given full consideration, including seniority. The
position may be posted internally before being advertised outside or may be simultaneously posted
internally and advertised externally. As between qualified applicants for a position, the City shall
consider giving preference to current employees.
I*
r .. r.
Section 2.
Section 3.
3 I.
.. L.
When an employee is promoted and after completion of hidher initial probationary period, he/she
shall be subject to a ninety (90) day probationary period. During this ninety (90) day period, the
employee or the City may determine that the employee is not suitable for the position, at which time
the employee shall be returned to hidher former position, or a similar position, provided a position is
open, with no loss of pay or benefits he/she enjoyed while he/she was in the previous position (and
that this action will not be grievable). Should an employee elect to fill a position in a lower ,
classification, the employee's hourly rate shall not exceed the maximum hourly rate for the lower
classification.
Employees @ornoted while on probation shall receive a completed evaluation before assuming the
original probation or ninety (90) days' probation, whichever is greater. During any portion of the
initial six (6) month probation an employee may be terminated without recourse to the grievance
procedure.
tl ,
.I
I new position. Furthermore, employees promoted while on probation shall serve the remainder of their
#
. ..
Section 1.
Section 2.
I
Section 3.
Section 4.
Section 5.
I'
ARTICLE 16
BEREAVEMENT LEAVE'
In the event of the death of the mother, mother-in-law, father, father-in-law, step-mother, step-father,
grandmother, grandmother-in-law, grandfather, grandfather-in-law , legal guardian or ward,
grandchild, brother, brother-in-law, sister, sister-in-law, husband, wife, son, son-in-law, daughter, or
daughter-in-law, child - natural, step or adopted-of the employee or employee's spouse, such
employee shall be entitled to funeral leave for the purpose of arranging and attending said relative's
funeral for a period of three (3) working days for any one death. In the event the death requires an
out-of-area trip exceeding 250 miles one way, the Department Director or designee shall authorize an
additional two (2) working days.
An employee on funeral leave provided in the Article shall be paid for such hours which the employee
would normally be scheduled to work.
The City reserves the right to require documentation supporting compliance with the provisions of
this Article after the employee returns to work.
The provisions of this Section shall not apply to employees who fail to contact the employer prior to
taking such leave. i
Employees may be granted additional time off utilizing their accrued personal hours, as long as it does
not adversely impact the operation of the department.
~ . ..
i
". .
Y
19
.I
.r
ARTICLE 17
LEGAL BENEFITS
Section 1. The City of Palm Beach Gardens will provide legal defense for a bargaining unit member against civil
damage suits wherein said member is named a party and wherein the alleged damages were allegedly
caused by the negligence of said member while acting within the scope of hidher employment, except
for arbitrary and capricious acts.
Section 2. The City will indemnify all bargaining unit members against any judgments levied against them as a
result of their actions when said actions are within the scope of their employhent, except for arbitrary
and capricious acts.
20
I
P ARTICLE 18
INSURANCE 4
Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance
coverage at no cost to the employees.
Employees who elect to maintain dependent coverage will contribute a portion of the actual cost of
said coverage. The Bargaining Unit employees will contribute the same peFcentage toward the cost of
dependent coverage that other non-management City employees are required to pay.
If any non-management City employees are not required to pay the dependent coverage referred to in
Section 2, then the bargaining unit employees shall not pay for such coverage and shall be reimbursed
for any such payments made if it is determined that other non-management City employees have not
been required to pay for dependent coverage or have paid a lesser amount.
Bargaining unit employees shall at all times be provided with the same insurance benefits provided to
all bargaining unit and non-management employees of the City.
Section 2.
Section 3.
Section 4.
21
ARTICLE 19
TRAVEL ALLOWANCE
Section 1. Whenever travel is authorized, the bargaining unit member shall abide by the City of Palm Beach
Gardens current travel policy.
22
ARTICLE 20
PROHIBITION OF STRIKES
Section 1. No employee, NCF&O SEIU officer, or agent shall instigate, promote, sponsor, or engage in any
strike, slow down, concerted stoppage of work, or any other intentional interruption of the operations
of the employer, regardless of the reason for doing so. Any and all employees who violate any of the
provisions of this Article may be discharged or otherwise disciplined by the employer. ,.
Section 2. In the event of a strike, slowdown, concerted stoppage of work, or other intentional interruption of the
operations of the employer, regardless of the reason for doing so, the NCF&O SEIU shall direct an
immediate action to the fullest extent of its power and influence to bring about a cessation of such
activities. If the Union fulfills in good faith all of the obligations under this Section, the City agrees
that the Union will not be liable for any damages resulting thereafter.
.
Section 3. The employee and the NCF&O SEW, individually and collectively, shall be liable for any damages
with provisions of this Article. 1.
23
‘ARTICLE 21
PROBATIONARY PERIOD
Section 1. All new bargaining unit members shall serve a probationary period of six (6) months during which
time they shall not be entitled to any seniority or tenure rights, but during such period such new
members shall be subject to all other terms and conditions of the Agreement and applicable entrance
requirements. The City of Palm Beach’ Gardens may extend the probationary period up to an .
additional six (6) months. Upon completion‘of said six (6) months worked probationary period,
members shall be known as full-time members’and seniority rights and tenure shall accrue from
commencement of the probationary period and shall be considered a part of such member’s seniority
rights. Disciplinary action and discharge shall be at the discretion of the employer without recourse to
the grievance procedure during the probationary period.
When an employee is promoted during hidher initial probationary period, he/she will remain on
probation for the remainder of the initial probationary period of ninety (90) days, whichever is
greater.
Employees will receive a copy of the personnel action form removing the employee from probation.
Section 2.
Section 3.
Section 4. Employees promoted while on probation shall receive a completed evaluation before assuming
the new position. Furthermore, employees promoted while on probation shall serve the remainder of
their original probation or ninety (90) days’ probation, whichever is greater. During any portion of .
the initial six (6) month probation, an employee may be terminated without recourse to the grievance
procedure.
.
-.
,.
‘*
24
ARTICLE 22 %
WORKING OUT OF CLASSIFICATION
i
Section 1. A bargaining unit member assigned in writing to work in a higher classification for four (4) hours or
longer shall be paid five percent (5%) above the employee's current salary or the entry level of the
higher position, whichever is greater.
An employee who temporarily performs work in a lower classification shall not receive a reduction in
pay and shall not have the right to refuse to perform the work assigned.
Section 2. ,
I'
25
ARTICLE 23
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
HOLIDAYS
The official holidays to be observed by bargaining unit members shall be:
New Years Day
Presidents’ Day
Martin Luther King, Jr.3 Birthday
Good Friday
National Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Floating Holiday: Bargaining Unit members shall receive a floating holiday which shall be requested
in advance and taken any time during the calendar year (January 1 - December 31). The floating day
is not considered an official holiday for overtime purposes. Employees may request to use their
birthday as their Floating Holiday. No request shall be unreasonably denied.
An official holiday that falls on a Saturday shall be observed on the preceding Friday, and an official
holiday that falls on a Sunday shall be observed on the following Monday by qualified employees
whose regularly scheduled work week consisting of forty (40) hours does not include Saturday or
Sunday as a day of work.
An official holiday that falls on Saturday or Sunday shall be observed on that Saturday or Sunday by
qualified employees whose regularly scheduled workweek includes Saturday and/or Sunday as a day
of work; provided, however, a qualified employee whose services are required may be required to .
work as provided in Subsection 4 hereof.
If an employee has credited time o$ forty (40) hours for the work week, excluding Acute Sick Leave
or unexcused absences, the rate of pay for the employee whose services are required on an official
holiday shall be: a day’s pay for the holiday, plus one and one-half (1-1/2) times the employee’s
straight time rate of pay. However, if the employee does not have credited time of forty (40) hours for
the work week, any employee who shall be required to perform work on a holiday shall be given
another day off in lieu of the holiday or compensated at straight time.
Those who qualify to receive compensation for an official holiday without working on such holiday,
and without charges against any accumulated leave, are those persons appointed under the provisions
of this Agreement.
Employees who qualify to receive compensation for an official holiday without working on such
holiday shall be paid their regular straight time rate of pay for the day on which the holiday falls.
Any holiday is to be considered as an eight (8) hour work day in the calculation of overtime, or if an
employee is scheduled to work a ten (1 0) hour day, the holiday is to be calculated on ten (10) hours.
Lb
t
'i ARTICLE 23:HOLIDAYS (continued)
*
Section 8. To receive holiday pay, an employee must work the scheduled shifts before and after the holiday or be
on an approved leave. Employees may utilize approved personal or compensatojl hours or their
floating holiday in conjunction with holiday hours to extend their time off. In this connection;
employees shall be paid for the holiday.
Employees on a non-paid leave of absence do not qualify to receive compensation, at a premium rate,
or compensation time off for the day on which the holiday falls.
Section 9.
I.
Section 10. Nothing set forth herein shall be construed as relieving the Department Administrators of their
responsibilities for the performance of required functions. In departments where service may not be
interrupted, the Department Administrators, or designees, shall determine which persons may be
spared to observe holidays by using City seniority on a rotating basis.
27
ARTICLE^' 24
OFF DUTY EMPLOYMENT
Section 1. Off-duty bargaining unit members shall not be engaged in any outside or non-City employment except
on the written authority of the Department Administrator or designee and the Human Resources
Administrator or designee. No reasonable request will be denied. (See Notice of Outside
Employment form)
.’
c
. 28
?
ARTICLE 25
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
WORKWEEK AND OVERTIME
It is hereby agreed that no bargaining unit member shall be required to remain on duty for more than
forty (40) hours in any work week unless extra hours of duty are deemed necessary by the Department
Administrator or designee, and additional compensation shall be paid thereafter. Said additional
compensation shall be at the rate of one and one-half (1-1/2) times hidher regular hourly salary.
Overtime pay when so granted will normally be contained in the bargaining unit member's next
regular paycheck following the time worked. Whenever possible, compensatory time will be useable
at the discretion of the Department Administrator or designee should the employee choose to accrue
compensatory time instead of receiving overtime pay.
The City will establish the hours of work that are best suited to meet the needs of the department to
provide superior service to the Community.
The work week shall consist of forty (40) hours with a minimum of eight (8) hours per shift.
Employees shall receive a minimum of two (2) consecutive days off per week. Nothing herein shall
prohibit an employee from agreeing to work hidher off days.
Bargaining unit members shall be given adequate notice of any change in their regular hours of work,
except where an emergency exists. Bargaining unit members required to work beyond their normal
duty hours during a riot, hurricane, or other emergency condition shall be paid according to Section
15 of this Article.
There is no maximum number of hours for the accrual of compensatory time; however, whenever
possible, compensatory time shall be utilized within sixty (60) days of the time earned.
When it is necessary for the City to require members to return to work, not on their assigned shift, the
City agrees to compensate the employees for a minimum of three (3) hours' pay at the established rate
of one and one-half (1-1/2) times their normal hourly rate.
r
Time keeping systems shall be utilized by all bargaining unit members as required by the City.
A bargaining unit member who is tardy shall be docked pay in accordance with the Fair Labor and
Standards Act (FLSA) and may be subject to disciplinary action.
The Department Administrator or designee shall offer overtime to qualified employees on an equal
basis within job classification on a rotating basis, by use of seniority.
The employer may offer compensatory time on a voluntary basis.
29
ARTICLE 25 :WORKWEEK AND OVERTIME (continued)
Section 12.
Section 13.
Section 14.
Section 15.
The City recognizes that unusual circumstances may require that a bargaining unit member may find it
necessary to request a change of hidher scheduled shift. Without obligating the City to pay overtime,
bargaining unit members may work for or change shifts with another bargaining unit member
performing similar duties. Such determination of duty compatibility and approval shall rest with the
Department Administrator or designated representative. At least three (3) days oral notices will be
required. No reasonable request will be denied.
Compensation for overtime work in excess of forty (40) hours per week, excluding acute sick leave,
shall be at the rate of one and one half (1-1/2) the empldyee's regular rate of pay.
No employee shall have hidher scheduled work hours changed permanently more than one time in
twelve (1 2) months. The City maintains thc right to make temporary schedule changes as needed.
.
,.
During the development of any new work rules under this Article that directly impact work week or
overtime, the employer will invite the Union to participate in the development of the proposed
changes, and, if requested to do so, will impact bargain the changes.
..
i
Section 1:
Section 2:
ARTICLE 26
GRIEVANCE AND ARBITRATION PROCEDURE
A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit
member which involves the interpretation and application of, or compliance with, the provisions of
this Agreement.
Grievances concerning working conditions not specifically covered by the terms and provisions of
this Agreement shall be subject to the grievance procedure up to, but not including, arbitration.
In the event a grievance should arise as to the interpretation or the application of the terms of the
Agreement or departmental regulations, the said dispute or grievance shall be dealt with as stated
below. Any grievance not answered by the City within the time limits provided below will
automatically advance to the next higher step of the grievance procedure.
STEP 1:
4
The aggrieved employee or an association representative shall present the grievance or dispute in ,
writing, setting forth the facts with particulars and the remedy sought, within ten (IO) working days of
its occurrence or knowledge thereof, to the Department Administrator or designee. The Department
Administrator or designee shall reply in writing within ten (1 0) working days of receipt of the
grievance or dispute. If the Department Administrator or designee shall fail to respond in writing, the
grievance is presumed to be denied, and the-employee may move to the next step.
STEP 2:
If no written reply has been made, or if a written response has been made, and the aggrieved employee
is dissatisfied, the aggrieved employee or the NCF&O SEN representative may, within ten (10)
working days of receipt of a reply, or if none is submitted, present the grievance or dispute to the
Administrator-of Human Resources. .*
The Administrator of Human Resources shall reply in writing within ten (10) working days of receipt
of the grievance. If the Administrator of Human Resources shall fail to reply in writing, the grievance
is presumed to be denied, and the employee may move to the next step.
STEP 3:
If the Administrator of Human Resources replies and the aggrieved party or the NCF&O/SEIU is
dissatisfied, then the grievance may be submitted to the City Manager within ten (1 0) working days of
receipt of the Administrator of Human Resources' reply. The City Manager shall reply within ten
(10) working days of receipt of the grievance or dispute. If the City Manager shall fail to reply in
writing, the grievance is presumed to be denied, and the employee may move to the next step.
31
'.
ARTICLE 26: GRIEVANCE AND ARBITRATION PROCEDURE (continued)
STEP 4:
If the grievance has not been settled by Steps 1-3, either party, the NCF&O SEW, or the City may
refer it to arbitration within fifteen (1 5) days of receipt of the City Manager’s reply. The NCF&O
SEIU or the City will submit the matter to the Federal Mediation & Conciliation Services (FMCS) for
selection in accordance with their procedures “except where otherwise provided in this Agreement.
The arbitrator’s decision shall be supported by substantial evidence on the record as a whole.
The decision shall be in writing with a full statement of findings and reasons. The decision of the
arbitrator shall be final and binding on the parties; provided that the arbitrator shall have no power to
modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the parties.
By Agreement of both parties, a meeting will be held at any step‘of the grievance procedure.
The NCF&O SEIU and the City shall each bear its own expense in the arbitration proceedings, except
that both parties shall share equally the fee and other expenses of the arbitrator.
A probationary employee may not grieve any matter concerning assignment or discharge
*
I
Section 4.
Section 5.
Section 6.
Section 7. Settlement of grievances prior to the issuance of an arbitration shall not constitute a precedent nor
shall it constitute an admission that the Agreement has been violated. .
,
32
ARTICLE 27
+ SAVINGS CLAUSE
Section 1. If any article or section of this Agreement should be found invalid, unlawful, or not enforceable by
reason of any existing or subsequently enacted legislation or by judicial authority, all other articles
and sections of this Agreement shall remain in full force and effect for the duration of this Agreement.
In the event of invalidation of any article or section, both the City of Palm Beach Gardens and the
Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a
mutually satisfactory replacement for such article or section.
Section 2.
c
33
ARTICLE 28
SALARY .PLAN
Section 1 : Bargaining unit members shall receive a six percent (6%) increase on base salary on October 1,2006,
a six percent (6%) increase on base salary on October 1, 2007, and a six percent (6%) increase on
base salary on October 1, 2008.
.Section 2: Employees shall continue to receive annual performance evaluations.
,
34
I . ,A
ARTICLE29
L
PERSONAL LEAVE
(See City Policy) .
4
15 '
Section 1.
ARTICLE 30
ACUTE ILLNESS LEAVE
Acute Illness Leave:
This leave may be used for illness by the employee, the employee's spouse, or employee's
dependent children, including step-children and adopted children.
Acute illness leave is accrued monthly. Full-time employees assigned to a forty (40) hour
workweek shall accrue four (4) hours per month in acute illness leave.
Acute illness leave may be used only after three (3) eight (8) hour consecutive personal days as a
result of illness. The Acute Illness Leave can only be utilized starting with the fourth (4"')
consecutive day of illness. The illness or injury must be verified in writing by a licensed
physician.
Acute illness leave shall be credited to eligible employees on the first day of each month for the
leave earned in the preceding month. For a new employee, the beginning date of employment
shall be on or before the twentieth (20th) day of the month in order to be credited with an acute
8
I
illness leave time for the month.
The minimum charge for acute illness leave shall be in units of eight (8) hours, except hours used
for disability.
Upon separation from employment, employees shall not be entitled to any reimbursement of
accumulated acute illness leave.
The bargaining unit agrees with the City's approved Family and Medical Leave Act.
36
,
ARTICLE 31
TERMS OF AGREEMENT AND REOPENING
Section 1. This Agreement shall be effective October 1, 2006, subject to ratification by the Union and approval
and appropriation of necessary finds by the City Council of Palm Beach Gardens, and shall continue
to September 30,2009.
37
I'
ARTICLE 32
MAINTENANCE OF CONDITIONS
L
Section 1. All matters pertFining to terms of employment and working conditions guaranteed by law and written
policy to employees within the bargaining unit shall apply to the.extent that they are not in conflict
with the provisions of this Agreement. w
+
Section 2. Any written rule, regulation, policy, or procedure affecting employees of the ba;gaining,unit in effect
prior to, as well as those issued after the effective date of this Agreement, shall remain and be in 611
force and effect unless changed, modified, or deleted by the employer, or unless in conflict with any
article or section of this Agreement.
1.
P
.I
I
t
38
6
4'
'I
ARTICLE 33
NO PAY FOR TIME LOST CAUSED BY GRIEVANCE
Section 1. If a grievance appeal is upheld and it is deemed proper that back pay be awarded for all or part of
' work time lost by the aggrieved member, then any period of delay in processing the appeal shall not
be included in the period for which back payeis computed if the delay is caused by the action of the
I.
aggrieved member or hidher bargaining unit.
39 .
..
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.'
ARTICLE 34' <
^..
LONGEVITY BENEFITS
i
*
All Bargaining Unit members hired before October 1 , 1992, who shall have completed their required
yeak of continued service indicated below, shall be entitled to a percentage increase in salary as
follows:
I-
Years of Continuous-Service Rate Increase in Salarv
I.
4 - 6 Years
7 - 10 Years
11 - 14 Years
15 - 19 Years
20 Years and Over
2% of Base Pay '
4% bf Base Pay
6% of Base Pay
8% of Base Pay
6 10% of Base Pay
Said percentage increases shall be appliedJo overtime pay.
Continuous service as indicated in Section 1' above shall be defined as employment in the public or
City service without break or interniption. Layoffs not exceeding one year, absence or authorized
military leave, educational leave, personal, Acute sick leave, or other leave or lawful extension
thereof, or reinstatement in accordance with this Agreement, shall not affect continuity of service.
Longevity allowances for employees hired after September 30, 1992, shall be as follows:
, '
1. After completion, of the third (3'd) ye% of service-$300. The employee shall receive $100 per '
year of service thereafter.
Longevity shall not be calculated with the employee's bfse salary, but will be maintained as a separate
benefit payable only on achievement of the specified anniversary date. Longevity payment shall be
paid in a lump sum at the end of the payroll period during which the anniversary date falls.
40
. ,*
.. I
ARTICLE 35
HIGHER EDUCATION - TUITION REIMBURSEMENT PROGRAM
(See City Policy and Forms)
‘A
, . ..
41
Section 1.
‘ Section 2.
*-
Section 3:
Section 4.
l
ARTICLE 36
DISCIPLINE AND DISCHARGE
The parties recognize that the interest of the community and job security of the bargaining unit A
member depends upon the City’s success in providing proper and efficient service to the community.
To this end, the City of Palm Beach Gardens and the NCF&O SEW encourage to the fullest degree
behavior that is positive and supportive of the goals of effective municipal management and public
safety. The parties recognize the need for progressive and appropriate discipline when an employee’s
conduct and job performance are inconsistent with said goal.
No bargaining unit employee who has completed the initial probationary period shall be disciplined
except for cause. Progressive, consistent, and appropriate discipline will be administered according to
the seriousness of the offense. The loss of pay in reassignment shall be considered as part of the
determination of the disciplinary action. Disciplinary action may include:
A. Counseling with written notation
B. Written discipline
C. Suspension withdut pay
D. Dismissal
.
*-
A written counseling form. shall be placed in the employee’s personnel file and shall not be a;
considered in any subsequent discipline unless there is another reasonable related act by the employee
within a twelve (1 2) month period.
* The employee shall be allowed to place written responses in hidher personnel file and/or
departmental work files when those responses relate to material placed into the personnel file which
has been prepared by the supervisor (i.e., reprimands, written comments).
L
”’ ,
42
ARTICLE 37
UNIFORMS AND EOUIPMENT
f
Section 1. The City of Palm Beach Gardens shall furnish uniforms to all bargaining unit members who are
required to wear such uniforms in the performance of their duties and shall agree to replace
unserviceable uniforms as required.
Any uniform or related equipment initially supplied by the City which is damaged or destroyed while
a bargaining unit employee acting in the performance of hidher official duties shall be replaced by the
City at no cost to the bargaining unit employee, provided the same is not the result of hidher
negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the
approval of the Department Administrator or hidher 'designated representative.
XI
Section 2. Y
I
Section 3.
A.
The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows:
Replacement of uniforms and equipment lost or damaged through the employee's gross negligence
will be replaced by the employee.
The City will provide hll-time employees with $150.00 per year for safety boots/shoes replacements
as needed, not to exceed $1 50 in cost per year. Employees who select boots/shoes which cost over
$1 50, shall pay the difference.
B.
Section 4. Wearing of Uniforms and Clothing. All employees who are provided with uniforms or work
clothing, as set forth above, are required to wear these uniforms and work clothing and report to work
with them being clean and neat in appearance, unless this requirement is expressly waived by the
City.
Section 5. . Return of Uniforms and Clothing. All items as provided above, including protective clothing and
protective devices, remain the property of the City and are only to be used in accordance with the
Departmental work rules. Upon separation, all items, other than those worn out through normal use,
must be returned (or paid for) by the employee before hidher final paycheck will be issued. A
probationary employee, upon separation of employment, shall have the cost of boots/shoes deducted
from the hidher paycheck as per the following table:
If boots purchased within: ' % of cost to be repaid
3 months of date of separation -
6 months of date of separation , 50%
100%
43
“. 1
I”
-I ARTICLE 38
ALCOHOL AND SUBSTANCE ABUSE POLICY
I
. The Union agrees to follow the City of Palm Beach Gardens Drug-Free Work Place policy ADM-004-94.
c
t
..
44
b
ARTICLE 39
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law
within the area of collective bargaining and that all the understandings and Agreements arrived at by the parties after
the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City of Palm Beach Gardens
and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further
chlective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any
matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or
both parties at the time they negotiated or signed this Agreement. This Agreement contains the entire contract,
understanding, undertaking, and Agreement of collective bargaining for and during its term, except as may be
otherwise specifically provided herein.
’
45
J
IN WITNESS WHEREOF, the parties have caused the Agreement to be signed by their duly
*
authorized representatives on the day of , 2006.
,
FOR THE CITY OF PALM BEACH GARDENS INTFRNATIONAL UNION
FOR THE SERVICE EMPLOYEES
/
Joseph R. Russo, Mayor *.
1
,
46
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 26,2006
Meeting Date: October 19, 2006
Resolution 121, 2006
SubjectlAgenda Item: Resolution 121, 2006 - Approve nineteen (19) Continuing Contracts for
Professional Services for various disciplines as required by the Consultants' Competitive Negotiation
Act, Section 287.055 of the Florida Statutes
[ X ] Recommendation to APPROVE
1 Recommendatic
Reviewed by:
Christine Tatum
City Attorney
Allan Owens
Finance Administrator
Submitted by:
City Gd& anage
I to DENY
Angela Wong
Operations Ma'nager
Community Services
Department
~
Advertised:
Date:
[ X ] Not Required
Affected parties
7
[ X ] Not required
costs: NIA
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Per project
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 121,2006
Exhibit A: RFQ 2006-004
Exhibit B: Professional
Service Agreements (1 9)
[ ]None
Date Prepared: September 26,2006
Meeting Date: October 19, 2006
Resolution 121,2006
BACKGROUND: The City of Palm Beach Gardens utilizes professional engineering, architectural,
landscape architectural, mapping/surveying services, and other types of associated services to
complete various tasks including capital improvement projects. The Consultants’ Competitive
Negotiation Act outlined in Section 287.055 of the Florida Statutes provides for ways and means to
negotiate and award for specific consulting services after a qualification process is achieved.
Request for Qualifications (RFQ) #2006-004 was published May6,2006 to obtain various consulting
services under a continuing contract basis. A continuing contract is defined as a contract whereby a
firm can provide professional services to the City for projects in which construction costs do not
exceed $1 million, for study activity when the fee for such professional service does not exceed
$50,000.00, or for work of a specified nature. Firms providing professional services under continuing
contracts will not be bidding against one another. A firm will be selected by issuance of a Work
Authorization on a per project basis. Any Work Authorizations in excess of $50,000.00 will be
approved by the City Council, and less than $50,000.00 will be approved by the City Manager.
Twenty-four (24) firms responded to RFQ, of which 19 were qualified and selected for contract
awards by an evaluation committee made up of City staff. The initial term of these contracts is for
three (3) years with a renewal option for an additional three (3) year term.
The recommended consulting firms for contract execution are as follows:
Ardaman & Associates, Inc.
Astorino
Calvin, Giordano & Associates, Inc.
Dunkelberger Engineering & Testing,
Inc.
Elements
GFA International
Jordan, Jones, & Goulding
Keith and Schnars, P.A.
Mactec Engineering and Consulting
McMahon Transportation Engineering
& Planning
Mock Roos Engineers, Surveyors,
PI an ners
Nutting Engineers of Florida, Inc.
Radise International
R.J. Behar & Company, Inc.
The RMPK Group, Inc.
Saltz Michelson Architects
Scheda Ecological Associates, Inc.
The Tamara Company
Wantman Group, Inc.
LBF&H, Inc., the City’s Engineer of Record, participated in the RFQ process. However, their existing
continuing contract with the City is sufficient to continue to provide professional services as needed.
Therefore, an additional continuing contract is not needed.
STAFF RECOMMENDATION: Approve Resolution 121,2006 as presented.
PROFESSIONAL CONSULTING SERVICES ON CONTINUING CONTRACT BASIS
“CONSULTANTS COMPETITIVE NEGOTIATION ACT” (CCNA)
SECTION 287.055. FLORIDA STATUTES
SELECTED AND QUALIFIED CONSULTANTS
Work Type #1- Civil Engineering
Jordan, Jones 8 Goulding
Keith 8 Schnars
LBF&H,Inc.
Mock, Roos 8 Associates
Wantman Group, Inc.
Work Type #2 - Structural Systems Engineering
Keith 8 Schnars
RJ Behar 8 Company, Inc.
Work Type #3 - Construction Engineering Inspection (CEI)
Calvin. Giordano 8 Associates
Keith 8 Schnars
LBF&H,Inc.
Mactec
Radise International, Inc.
Work Type #4 - Electrical Systems
Keith 8 Schnars
Work Type #5 - Transportation Engineering
Calvin, Giordano & Associates
Keith 8 Schnars
LBF&H, Inc.
McMahon Associates, Inc.
Wantman Group, Inc.
Work Type #6 - Surveying I Mapping Services
Keith 8 Schnars
LBFELH, Inc.
Mactec
Mock, Roos 8 Associates
Wantman Group, Inc.
Work Type #7 - Architectural Design
Astorino
Elements Architects
Keith 8 Schnars
SaRz Michelson Architects
The Tamara Peacock Company
Work Type #8 - Landscape Archfiect (Includes Land Planning)
Calvin, Giordano 8 Associates
Keith 8 Schnars
RMPKGroup
Work Type #9 - Environmental Assessment
Ardaman 8 Associates
Mactec
Nutting Engineers of Florida
Scheda Ecological Associates
LM Engineering dba GFA International
Work Type #IO - Geo-Technical Analysis
Ardaman 8 Associates
Dunkelberger Engineering 8 Testing
Mactec
Nutting Engineers of Florida
LM Engineering dba GFA International
Date Prepared: October 4,2006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 121,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING CONTINUING
CONTRACTS FOR PROFESSIONAL SERVICES TO ARDAMAN &
ASSOCIATES, INC.; CALVIN, GIORDANO & ASSOCIATES, INC.;
DUNKELBERGER ENGINEERING & TESTING, INC.; ELEMENTS,
LLC; JORDAN, JONES, & GOULDING, INC.; KEITH AND
SCHNARS, INC., P.A.; L D ASTORINO ARCHITECTS, INC.; L M
ENGINEERING, INC. D/B/A GFA INTERNATIONAL; MACTEC
ENGINEERING AND CONSULTING, INC.; MCMAHON
TRANSPORTATION, ENGINEERING, AND PLANNING, INC.; MOCK
ROOS & ASSOCIATES, INC.; NUTTING ENGINEERS OF FLORIDA,
IMC.; RADISE INTERNATIONAL, L.C.; R.J. BEHAR & COMPANY,
IMC.; THE RMPK GROUP, INC.; SALT2 MICHELSON ARCHITECTS,
INC.; SCHEDA ECOLOGICAL ASSOCIATES, INC.; THE TAMARA
PEACOCK COMPANY; AND WANTMAN GROUP, INC., AS
REQUIRED BY CONSULTANTS’ COMPETITIVE NEGOTIATION
ACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to award continuing contracts to multiple vendors for
the purpose of providing professional engineering services, architectural services,
landscape architectural services, mappinghrveying services, as well as various
associated types of services to complete assorted tasks, including capital improvement
projects; and
WHEREAS, as required by the Consultants’ Competitive Negotiation Act outlined
in Section 287.055, Florida Statutes, the City issued Request for Qualifications No.
2006-004 for Professional Services, attached hereto as Exhibit “A; and
WHEREAS, the City received qualifications from nineteen vendors, incorporated
herein by reference; and
WHEREAS, the contracts have been prepared and are attached hereto as
Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: October 4,2006
Resolution 121,2006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves continuing contracts for
Professional Services to Ardaman & Associates, Inc.; Calvin, Giordano & Associates,
Inc.; Dunkelberger Engineering & Testing, Inc.; Elements, LLC; Jordan, Jones, &
Goulding, Inc.; Keith and Schnars, Inc., P.A.; L D Astorino Architects, Inc.; L M
Engineering, Inc. d/b/a GFA International; Mactec Engineering and Consulting, Inc.;
McMahon Transportation, Engineering, and Planning, Inc.; Mock Roos, & Associates,
Inc.; Nutting Engineers of Florida, Inc.; Radise International, L.C.; R.J. Behar &
Company, Inc.; The RMPK Group, Inc.; Saltz Michelson Architects, Inc.; Scheda
Ecological Associates, Inc.; The Tamara Peacock Company; and Wantman Group, Inc.,
and authorizes the Mayor and City Clerk to execute the contracts.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: October 4,2006
Resolution 121, 2006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
\\Pbgsfile\Attorney\attorney-share\RESOLUTlONS\CCNA contracts - reso 121 2006.doc
3
Date Prepared: September 26,2006
Meeting Date: October 19, 2006
Resolution 121,2006
EXHIBIT A
RFQ #2006-004 FOR PROFESSIONAL SERVICES
REQUEST FOR QUALIFICATIONS
FOR
I
PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
RFQ # 2006-004
May 4,2006
THE CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
1
THE CITY OF PALM BEACH GARDENS
REQUEST FOR QUALIFICATIONS #2006-004
PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
PROFESSIONAL CONSULTING SERVICES ON CONTINUING CONTRACT BASIS
All Requests For Qualifications, one (I) original and five (5) copies, must be received at the
address below in the City Clerk’s Office, no later than Thursday, June 1, 2006, at 2:OO p.m., at
which time all Requests For Qualifications (RFQ) 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.
RFQ documents may be obtained at the address below or by calling the City Clerk’s Office at
(561) 799-4121. RFQ documents will not be issued unless the request is received at least 24
hours prior to the opening of the RFQ. RFQ documents can be downloaded from the City’s
website link at: www.pbgfl.com/business/rfp/rfp.asp
All RFQ documents are to be sealed when submitted and be delivered or mailed to:
City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the envelope(s) or boxfes) containing the proposal shall be written in large letters:
RFQ # 2006-004: PROF. CONSULTING SERVICES ON CONTINUING TERM CONTRACT
To Be Opened: Thursday,June 1, 2006, at 2 p.m. with the EvaluationlShort-list Committee
Review held June 8, 2006.
The City of Palm Beach Gardens reserves the right to reject any or all RFQ submittals, in whole
or in part, with or without cause, to waive any informalities and technicalities, and to award the
Contract on such coverage and terms it deems will best serve the interest of the City. Criteria
utilized by the City of Palm Beach Gardens for determining the most responsible qualifier
includes, but is not limited to, cost; whether the qualifier meets the City of Palm Beach Gardens
published specifications; the qualifier’s experience, skill, ability, financial capacity; and any other
factors which could reasonably be asserted as being relevant to successful performance. The
qualifier should anticipate the City may negotiate some or all of the components of a proposal
with one or more of the qualifiers in order to obtain the value of services offered.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, May 7, 2006
Sunday, May 14,2006
2
IMPORTANT DATES FOR PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
1. Broadcast / Publication Release of RFQ May 4,2006
2. RFQ Opening June 1,2006 at 2 p.m.
3. EvaluationlShort-list Committee Review June 8,2006 *
4. Possible Interviews for Firms Short Listed
5. Consultant Selections Announced June 28,2006 *
6. Contract Negotiations / Executions July 2006 *
7. Award Recommendations to City Council
June 12 - 14,2006
August 2006 *
* Dates above are subject to change based on the number of respondents, availability of the
members, or other unforeseen circumstances.
3
PROFESSIONAL CONSULTING SERVICES
ON CONTINUING CONTRACT BASIS
A. PURPOSE / INTENT:
The City of Palm Beach Gardens, Florida, pursuant to the "Consultants'
Competitive Negotiation Act" (CCNA), Section 287.055, Florida Statutes, which
governs the acquisition of professional architectural, engineering, landscape
architectural, and surveying and mapping services, and as may be amended,
hereby requests Qualification and Performance Data from Professional
Consultants practicing in the following types of work categories:
1. Civil Engineering
2. Structural Systems Engineering
3. Construction Engineering Inspection (CEI)
4. Electrical Systems Engineering
5. Transportation Engineering
6. SurveyinglMapping Services
7. Architectural Design
8. Landscape Architect (Includes Land Planning)
9. Environmental Assessments
10. Geo-Technical Services
1. INSTRUCTIONS:
Qualifiers will have the option of submitting qualifications for one (1) or any
combination of professional consulting work types listed above.
These firms and individuals (hereinafter "Professional Consultant") are to
be duly licensed and registered to practice in the State of Florida, and desire to
render such services to the City of Palm Beach Gardens.
This work may include design services, permitting, bidding services, construction
administration, environmental studies, and all related miscellaneous services.
Florida law requires the City to make a determination of a consultant's
qualification to perform architecture, professional engineering, landscape
architecture, or registered surveying and mapping consultant work prior to its
employment. The information in the RFQ (qualification package) will be used by
the City to make this determination. Additionally, evaluation points will be
assigned to information contained in the package to aid in reducing the total
number of submittals to no less than three firms per type of work category (short
list).
2. INTERPRETATIONS :
Unless otherwise stated in the RFQ, any questions concerning this RFQ should
be submitted in writina to: Arthur DeRostaina. Purchasing Agent, 10500 N. --
Military Trail, Palm Beach Gardens, Florida 33410, aderostaing@?Bbgfl.com, (fax)
561-799-41 34.
4
3. CLARIFICATION AND ADDENDA TO RFQ SPECIFICATIONS:
If any Professional Consultant contemplating submitting a response under this
Request for Qualifications #2006-004 is in doubt as to the true meaning of the
specifications or other documents or any part thereof, the Professional
Consultant must submit to the Purchasing Agent, at least seven (7) calendar
days prior to the scheduled RFQ 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 RFQ, if made, will be made only by an 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 the RFQ are required. A copy of such Addendum will be sent to
each Professional Consultant receiving the RFQ. In the event of conflict with the
original RFQ Documents, the Addendum shall govern all other RFQ and Contract
Documents to the extent specified. Subsequent addenda shall govern over prior
addenda only to the extent specified.
4. AWARDS:
The City reserves the right to reject any or all responses, or any portion thereof,
deemed necessary for the best interest of the City. All awards made as a result
of this RFQ shall conform to applicable Florida Statutes. The City is not
responsible for any expenses incurred by a Professional Consultant in preparing
and submitting an RFQ or related documents.
5. RFQ OPENING:
Responses to this RFQ shall be opened and publicly read in the City of Palm
Beach Gardens, City Council Chambers, 10500 N. Military Trail, Palm Beach
Gardens, Florida 33410. All responses received after that time shall be
returned, unopened.
6. LEGAL REQUIREMENTS:
Federal, State, County, local and City laws, ordinances, rules, regulations,
guidelines, and directives that in any manner affect the items covered herein
apply. Lack of knowledge by the qualifierlconsultant will in no way be a cause for
relief from responsibility.
7. INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Professional
Consultant for services contracted to perform under respective agreements shall
represent the specific consideration for the contractor’s indemnification of the
City as set forth in this Section and in the Terms and Conditions.
The Professional Consultant agrees to indemnify and hold harmless the City of
Palm Beach Gardens and any of its officers and employees from liability,
damages, losses, and costs, including, but not limited to, reasonable attorneys’
fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Professional Consultant and other persons employed or
utilized by the Professional Consultant in performance of the contract.
5
It is the specific intent of the parties hereto that the foregoing indemnification
complies with Section 725.08, Florida Statutes. 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
Professional Consultant or acts or omissions of the Professional Consultant in
connection with such operation.
8. PATENTS & ROYALTIES:
The Professional Consultant, 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 Professional
Consultant uses any design, device, or materials covered by letters, patent, or
copyright, it is mutually understood and agreed, without exception, that the
bid/proposal prices shall include all royalties or cost arising from the use of such
design, device, or materials in any way involved in the work.
All documentation produced for the City of Palm Beach Gardens will be owned
by the City.
9. OSHA:
The Professional Consultant warrants that the services provided 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 Professional Consultant responsible for same.
IO. LIABILITY, INSURANCE, LICENSES, AND PERMITS:
Where the Professional Consultant is required to enter or go onto City property to
deliver goods, materials, or perform work or services as a result of an RFQ
award, the successful Professional Consultant 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
ordinances, codes, laws, rules, regulations, directives, and guidelines. The
Professional Consultant shall be liable for any damages or loss to the City
occasioned by negligence of the Professional Consultant (or agent) or any
person the Professionat Consultant has designated in the completion of the
contract as a result of the proposal of this RFQ.
11. DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Professional Consultant to accept the award,
6
to furnish required documents, andlor to fulfill any portion of this contract within
the time stipulated.
Upon default by the successful Consultant to meet any terms of this Request for
Qualifications submittal, related agreement, and work authorization(s) the City
will notify the Consultant three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the Consultant’s part to correct the default within
the required three (3) days shall result in the contract being terminated and upon
the City notifying in writing the Professional Consultant of its intentions and the
effective date of the termination. The following shall constitute default:
Failure to perform the work required under the contract and/or within
the time required or failing to use the subcontractors, entities, and
personnel as identified and set forth, and to the degree specified in
the contract.
Failure to begin the work under this contract within the time
specified.
Failure to perform the work with sufficient workers and equipment, or
with sufficient materials to ensure timely completion.
Neglecting or refusing to remove materials or perform new work
where prior work has been rejected as nonconforming with the terms
of the contract.
Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment renders the
successful Professional Consultant incapable of performing the work
in accordance with and as required by the contract.
Failure to comply with any of the terms of the contract in any material
respect.
Failure to pay subcontractors or others pursuant to work done under
this contract.
In the event of default of a contract, the successful Professional Consultant shall
pay the entire City’s attorney’s fees and court costs incurred in collecting any
damages. The successful Professional Consultant shall pay the City for any and
all costs incurred in ensuring the completion of the project.
12. CANCELLATION:
The City reserves the right to cancel this contract by written notice to the
Professional Consultant effective the date specified in the notice, and the
following will apply:
The Professional Consultant is determined by the City to be in
breach of any of the terms and conditions of the contract andlor to
have failed to perform hidher services in a manner satisfactory to the
City. In the event the Professional Consultant is found to be in
default, the Professional Consultant will be paid for all labor and
materials provided to the satisfaction of the City as of the termination
date. No consideration will be given for anticipated loss of revenue or
the canceled portions of the contract. The Professional Consultant
waives any claims to the same.
The City has determined that such cancellation will be in the best
interest of the City to cancel the contract for its own convenience.
Funds are not available to cover the cost of the services. The City’s
obligation is contingent upon the availability of appropriate funds.
7
13. BILLING INSTRUCTIONS - AWARDED PROFESSIONAL CONSULTANTS:
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 3341 0.
14. APPLICABLE LAW AND VENUE:
The law of the State of Florida shall govern the contract between the City and the
successful Professional Consultant, 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 attorneys fees, which shall
include any fees and costs attributable to appellate proceedings arising on and of
such litigation.
15. 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/proposal on a contract to provide any goods or
services to a public entity; may not submit a bidlproposal on a contract with a
public entity for the construction or repair of a public building or public work: may
not submit bids/proposal on leases of real property to a public entity, and may not
be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity. Each person or firm who elects
to submit a Request for Qualification package shall notify the Purchasing Agent
within thirty (30) days after a conviction of a contract crime applicable to
it/him/her or to any officers, directors, executives, shareholders active in
management, employees, or agent of their affiliates.
16. CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All
Professional Consultants must disclose with their RFQ submittal the name of any
officer, director, or agent who is also an employee of the City. Further, all
Professional Consultants must disclose the name of any City employee who
owns, directly or indirectly, an interest of 5% or more in the Professional
Consultant’s firm or any of its branches.
If any Professional Consultant violates or is a party to a violation of the code of
ethics of the State of Florida with respect to this RFQ, such Professional
Consultant may be disqualified from performing the work described in this RFQ
or from furnishing the services for which the RFQ is submitted and shall be
further disqualified from proposing/bidding on any future RFPIBidlRFQ 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.qov.
17. NON-COLLUSION:
The Professional Consultant certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, firm, or person
submitting an offer for the same professional consulting services and is in all
respects fair and without collusion or fraud.
8
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/contractor/bid/RFP list(s).
18. FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this RFQ becomes the property of the City. RFQ
documents may be reviewed by any person ten (IO) days after the public
opening. The Professional Consultant should take special note of this as it
relates to any proprietary information that might be included in its offer.
Any resulting contract may be reviewed by any person after the contract has
been executed by the City. The City has the right to use any or all
information/material submitted in response to this RFQ and/or any resulting
contract from same. Disqualification of a Professional Consultant does not
eliminate this right.
19. TIED BIDSIDRUG-FREE WORK PLACE PROGRAMS:
In the event of an identical tied RFQ, preference will be given to local
Professional Consultants. If none of the Professional Consultants are local,
preference shall be given to the business submitting proof of Drug-Free Work
Place (DFW) programs.
6. SPECIAL CONDITIONS:
1. PURPOSE:
The purpose of this Request for Qualifications (RFQ) is to establish a multi-year
contract for the provision of PROFESSIONAL CONSULTING SERVICES and
related service categories, as and when needed, and in accordance with Section
287.055, Florida Statutes. The successful Professional Consultant shall be
responsible for providing PROFESSIONAL CONSULTING SERVICES at
locations and times specified by the City; shall be completely responsible for the
supervision of such personnel in accordance with contract specifications, terms,
and conditions, and shall exercise exclusive control over persons employed to
fulfill these contract requirements, in accordance with the RFQ specifications and
related contract.
TERM OF CONTRACT:
The initial contract term shall be three (3) years, commencing October 1,
2006, and ending September 30,2009.
The City reserves the right to extend the contract for one (1) additional
three (3) year renewal term, providing both parties agree to the extension;
all terms, conditions, and specifications remain the same, and such
extension is approved by the City.
2. METHOD OF PROJECT AWARDS:
The award of a minimum of three contracts, per each professional category, may
be made to the responsive and responsible Professional Consultants whose
qualifications are the most advantageous to the City and in accordance with
Section 287.055, Florida Statutes.
9
Actual project awards will take place on a rotating basis among the awarded
Professional Consultants in that particular professional service category. The
official notice to proceed will be the issuance of a fully executed and approved
“Work Authorization and Notice to Proceed”. Project awards under this RFQ and
related contract will cover transactions that may require City Council’s approval.
Professional Consultant service shall be consistent with Section 287.055,
Florida Statures, as amended from time to time.
3. 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, aderostainq@pbqfl.com, (fax) 561 -799-
4134.
4. RFQ CLARIFICATION:
Any questions or clarifications concerning this RFQ shall be submitted in writing
by mail, e-mail, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, aderostaincr@pbafl.com,
(Fax) 561-799-4134.
The RFQ titlelnumber shall be referenced on all correspondence. All
questions must be received no later than seven (7) calendar days prior to the
scheduled opening date. All responses to questions / clarifications will be sent to
all prospective Professional Consultants in the form of an addendum.
5. RFQ SUBMITTAL:
All RFQs submitted shall include the completed RFQ forms and information.
RFQs will be considered “Non-Responsive” if the required information is not
submitted by the date and time specified.
Before submitting the RFQ response, each Professional Consultant shall make
all investigations and examinations necessary to ascertain if any addenda were
issued by the City’s Clerk Office.
6. INSURANCE:
The Professional Consultant shall provide insurance coverage as follows:
Workers compensation Insurance to apply for all employees in
compliance with the “Workers Compensation Law” of the State of Florida
and all applicable Federal laws. In addition, the policy (ies) must include
Employers’ Liability with limits of one hundred thousand dollars
($1 00,000.00) each accident, five hundred thousand dollars
($500,000.00) each disease, and one hundred thousand dollars
($1 00,000.00) aggregate by disease. If the Professional Consultant is not
an incorporated entity (Le., sole proprietorship I partnership), or leases
employees under the alternate employee laws of the State of Florida, the
City shall require a minimum premium policy meeting the aforementioned
requirements even though not required by the Workers compensation
laws of the State of Florida. Filed certificates of exemption forms will not
meet these requirements.
10
1 Comprehensive General Liability with minimum limits of ($500,000.00)
five hundred thousand dollars. Such certificate shall list the City as
additional insured.
NOTE: If Comprehensive General Liability limits are less than
($500,000.00) five hundred thousand dollars, the sum of Comprehensive
General Liability limits and Excess Liability limits must equal no less than
$500,000.00.
Automobile Liability with minimum limits of ($1,000,000.00) one million
dollars each occurrence.
Blanket Professional Liability Insurance, to include errors and omission
coverage, with minimum limits of ($1,000,000.00) one million dollars.
The required insurance coverage is to 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. This insurance shall be documented in certificates of insurance
which provides that the City of Palm Beach Gardens shall be notified at least
thirty (30) days in advance of cancellation, non-renewal, or adverse change. The
receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage
than is required, does not constitute a waiver of Professional Consultant’s
obligation to fulfill the insurance requirements herein. Deductibles must be
acceptable to the City of Palm Beach Gardens.
r
The Professional Consultant must submit a copy of its current Certificate of
Insurance. The awarded Professional Consultant, on contract issuance, will
name the City of Palm Beach Gardens as an additional insured and listed as
such on the insurance certificate. New certificates of insurance are to be
provided to the City at least fifteen (1 5) days prior to coverage renewals.
7. RECORDS AND AUDITS:
The Professional Consultant shall maintain, during the term of the contract, all
books of account, receipt invoices, reports, and records in accordance with
generally accepted accounting practices and standards. The Professional
Consultant shall maintain and make available such records and files for the
duration of the contract and retain them beyond the last day of the contract term
for the period of three (3) years.
8. DUTY TO UPDATE RECORDS:
It shall be the responsibility of any individual or firm contracted by the City of
Palm Beach Gardens for any Type(s) of Work to notify the City promptly of any
substantive amendment to the information provided in this Request for
Qualifications package submittal, as well as to update that information on an
annual basis.
C. TYPES OF WORK I CODE NUMBERS 1-10:
1. Civil Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with Civil Engineering, as well
as knowledge of current rules and regulations of local, state, and federal
agencies regulating the industry, including the Department of Environmental
Protection, the South Florida Water Management District, the United States
11
Environmental Protection Agency, the United States Corps of Engineers, and any
other governmental authorities having jurisdiction over the same. The firm must
employ at least one professional engineer, ' registered with the Florida State
Board of Professional Engineers, having training and experience in this general
area.
2. Structural Systems Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with structural design and
building, as well as knowledge of current rules and regulations of local, state, and
federal agencies regulating the industry. The firm must employ at least one
professional engineer, registered with the Florida State Board of Professional
Engineers, having training and experience in the area of Structural Systems and
Structural Engineering.
3. Construction Engineering Inspection (CEI):
Requires engineering expertise in inspecting, planning, permitting, bidding,
special inspector services, threshold inspector services, and construction
administration services in connection with structural design, as well as
knowledge of the Florida Building Code and the related current rules and
regulations of local, state, and federal agencies and jurisdictions regulating the
industry. The firm must employ at least one professional engineer, registered
with the Florida State Board of Professional Engineers, having training and
experience in the area of Construction Engineering Inspection (CEI).
4. Electrical Systems:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with electrical systems as well
as knowledge of current rules and regulations of local, state, and federal
agencies regulating the industry. The firm must employ at least one professional
engineer, registered with the Florida Board of Professional Engineers, having
training and experience in the area of Electrical Systems and Electrical
Engineering.
5. Transportation Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration phases of services in connection with transportation
infrastructures, traffic studies, warrant studies, and signals. The firm must
employee at least one professional engineer, registered with the Florida State
Board of Professional Engineers, having training and experience in the area of
Transportation Engineering.
6. Surveying I Mapping Services:
Requires surveying experience in the preparation of Boundary, Site, Topographic
and Right-of-way Surveys, and Sketch and Legal Descriptions in conformance
with the Florida Minimum Technical Standards. The firm must employ at least
one land surveyor, registered with the Florida State Board of Land Surveyors,
having at least one year of land surveying experience acting as responsible in
charge. The Consultant must employ and enlist sufficient staff to undertake the
requirements normally associated with this type of work and must document the
availability of proper equipment to perform this work.
12
7. Architectural Design:
Requires architectural expertise in planning, designing, permitting, bidding, and
construction administration phases of service in Architectural Design. The firm
must employ at least one architect, registered with the Florida State Board of
Architecture and Interior Design. Additionally, the firm must have knowledge of
current rules and regulations of local, state, and federal agencies regulating the
environment and all land use and building code provisions, including the
Department of Environmental Protection, the South Florida Water Management
District, the United States Environmental Protection Agency, the South Florida
Building Code, and the United States Corps of Engineers.
8. Landscape Architect:
Requires expertise in land planning, designing, permitting, bidding, and
construction administration phases of service for Landscape Architecture. The
firm must employ at least one landscape architect, registered with the Florida
State Board of Landscape Architecture. Additionally, the firm must employ
sufficient personnel to provide services normally associated with this type of land
planning services.
9. Environmental Assessments:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration phases of service for Environmental Assessments, as
well as knowledge of current rules and regulations of local, state, and federal
agencies regulating the environment and all land use and building code
provisions, including the Department of Environmental Protection, the South
Florida Water Management District, the United State Environmental Protection
Agency, the South Florida Building Code, and the United States Corps of
Engineers. The firm must employ at least one professional engineer, registered
with the Florida State Board of Professional Engineers, having training and
experience in the area of Environmental Assessments.
IO. Geo-Technical Analysis:
Requires engineering expertise in connection with Geo-Technical Analysis. The
firm must employ at least one professional engineer, registered with the Florida
State Board of Professional Engineers having demonstrated experience in the
activities normally associated with this work. The Consultant must employ and
enlist sufficient staff to undertake the requirements normally associated with this
type of work and must document the availability of proper equipment to perform
this work.
All professional consultants required herein must be properly licensed in the
State of Florida.
D. INSTRUCTIONS FOR SUBMITTING QUALIFICATIONS:
The one (1) original and five (5) copies of RFQ submittal(s) for each professional
consultant work-type category shall be secured in a tabbed booklet with a table
of contents. Booklets shall be no larger than a 1 %” three-ring binder or
equivalent and be presented in the following order:
13
Tab #I: Evidence of current license and registration to perform the specified
services in the State of Florida.
Tab#2: Location of office where majority of work will be performed and
identification of the Consultant’s intended project managerlprofessional contact
person and primary liaison with the City.
Tab #3: Credentials, including resumes or curriculum vitae, of staff members
(project team) who would be assigned to or perform the specified services for the
City; supplement with the “Qualification for Types of Work l Code Numbers” form
(Pg. 17).
Tab #4: List of all subcontractors to be utilized and individuals to be designated
as primary liaison with the City.
Tab #5: Demonstrationlsummary of Consultant’s workloadlperformance
capability to meet budget and time requirements for the proposed project and
ability to respond to and perform the work as and when requested by the City.
Tab #6: Demonstration/summary of cost control performances on previous
projects.
Tab #7: Evidence of insurance certification. Reference “B - Special Conditions,
Subsection 7” (pg.ll).
Tab #8: List of projects and clients where similar work has recently been
performed andlor is currently being performed, including a description of each
project, including a brief statement of the project approach.
Tab #9: Client references including names, titles, addresses, and telephone
numbers.
Tab #I 0: Documentation/summary of experience with regulatory and permitting
agencies.
Tab #I 1 : Statement of Consultant’s commitment/ability to consistently use the
same personnel throughout the project.
Tab #I 2: Other qualificationslperformance data for consideration. Supplement
with the “Qualification for Type(s) of Work, “RFQ General Information Submittal”,
“RFQ Acknowledgment”, and “Drug-Free Workplace” forms.
Each RFQ package submitted shall be signed by the individual Professional
Consultant or hislher authorized principals of the Professional Consultant’s firm if
other than an individual. The RFQ submittal shall be signed by a representative
who is authorized to contractually bind the qualifier.
All attachments to the Request for Qualifications and Performance Data requiring
execution by the Consultant must be executed and returned with the submittal.
All RFQ submittals must be delivered as specified. Any attachments must be
clearly identified as per “Tab Format” requirements. To be considered, the
Professional Consultant must respond to all parts of the RFQ. Any other
information thought to be relevant, but not applicable to the enumerated
categories, should be provided as an appendix to the RFQ submittal. If
publications are supplied by the Professional Consultant to respond to a
14
E.
requirement, the response should include reference to the document number and
page number. This will provide quick reference for the evaluation committee.
RFQ submittals not providing this reference will be considered to have no
reference material included in the additional documents.
QUALIFIERS MUST SUBMIT ONE (1) IDENTIFIED ORIGINAL RFQ
SUBMITTAL, INCLUDING ANY ATTACHMENTS, PLUS FIVE (5) COPIES OF
THE SAME.
EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1.
2.
3.
4.
5.
6.
7.
Attendance at the pre-submittal conference to explain / clarify
qualifications (evaluation scores up to 10 points).
Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 20 points).
Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 20 points).
Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
Location of office(s) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and / or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
15
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
Qualifier/Consultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
16
QUALIFICATION FOR TYPE(S) OF WORK
Name of Firm: Date:
List the qualified employee(s) by their respective tvpe(s) of work l code number(s2 specialty as
listed in Section C (pg.11-13). Attach a resume for each individual further detailinglconfirming
hislher type of work credentials.
Lll1 VI'
RESIDENCE
Y bAKS UP
PROF.
EXPERIENCE
17
City of Palm Beach Gardens
Request for Qualifications #2006-004
General Information Submittal Form for
Professional Consulting Services on a Continuing Contract Basis
Firm Name:
(As registered with Florida Secretary of State)
Address: City:
State: Zip Code: County:
Tel: Fax: Web-site:
Contact Person: E-mail:
Name of Parent Company (if applicable):
Address:
c Type of Firm: Corporation Partnership Individual ‘ Other
State Incorporated: If Corporation: Date Incorporated:
Date Authorized in Florida: Name of President:
r, If Partnership: Date Organized: Type: General Limited
r, Other
Name(s) of Partner(s):
Florida Secretary of State Document No.:
Florida State Board Certification(s) I applicable as follows -
Professional Engineer’s Certificate No.: Date:
Land Surveyor’s 8 Mapper’s Certificate No.: Date:
Architecture 8 Interior Design Registration No.: Date:
Landscape Architecture Registration No.: Date:
Real Estate Commission Registration No.: Date:
18
Firm Name:
(As registered with Florida Secretary of State)
Federal Employer Identification No.:
r: Most recent financial statement attached: No Yes
Firm’s current annual gross income: $
Blanket Professional Liability Insurance: No Yes Amount:$
Policy No.: Company:
If yes: Attach a copy of certificate showing policy number, company, amount, and expiration date.
If no: Attach commitment letter from insurance company that project liability insurance would be
provided to the qualifier, or a commitment letter for a non-assignable, nontransferable, irrevocable
letter of credit created pursuant to Chapter 287, Florida Statutes, in a minimum amount of $250,000.00.
Type: C Does your firm have a CADD system? No yes
I hereby certify that the information contained in this package is true and correct to the best of my knowledge
and that this firm is duly authorized to conduct business in the State of Florida. I further certify that neither the
firm, nor any officer, director, employee of the firm or any of its affiliates have been criminally or civilly charged
with antitrust criminal acts under State of Florida law which involved fraud, bribery, collusion, conspiracy,
antitrust violations, or material misrepresentation with respect to a public contract, except for matters previously
disclosed to the City of Palm Beach Gardens and filed in case no.(s)
(If not applicable, enter N/A) with the Clerk of Agency Proceedings. I further certify that the employment
practices of this organization fully comply with Title VI provisions of the 1964 Civil Rights Act.
Signature Title Date
List of Branch Offices in Florida
Please include address, city, zip code, county, contact person, telephone number, and email address.
19
RFQ # 2006-004
Acknowledgment
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
(Professional Consultant)
agrees to provide PROFESSIONAL CONSULTING SERVICES as defined in this Request for
Qualifications document and in accordance with the requirements of the specifications
and related work authorizationslcontract documents.
The undersigned QualifierlConsultant has carefully examined the RFQ requirements and
related contract documents and is familiar with the nature and extent of the work and any
local conditions that may in any manner affect the work to be done.
The undersigned agrees to provide the PROFESSIONAL CONSULTING SERVICES called
for by the RFQ documents, in the manner prescribed therein and to the standards of
quality and performance established by the City for the quality of service quoted.
The undersigned agrees to the right of the City to hold the Request for Qualifications
submittals and guarantees the future related proposals for a period not to exceed one
hundred and twenty (120) days from the effective date of the contract term.
The undersigned accepts the invoicing and payment policies specified in the RFQ.
Upon award of this RFQ, the City and QualifierlConsultant each binds himself, itself, or
herself, its partners, successors, assigns, and legal representatives to the other party
hereto in respect to all covenants, agreements, and obligations contained in the RFQ
Documents.
The RFQ Document constitutes the entire agreement between City and
QualifierlConsultant and may only be altered, amended, or repealed by a Change Order or
a written amendment.
The QualifierlConsultant, by signing these RFQ Submittal pages, acknowledges and
agrees to abide by all the terms, conditions, and specifications contained in this RFQ
Document.
QualifierlConsultant shall guarantee PROFESSIONAL CONSULTING SERVICES within
calendar days from receipt of Purchase Order or Work AuthorizationlNotice to
Proceed.
Dated this day of I
(Month) (Year)
20
By: I
(Signature) (Print name)
Address:
~
Telephone: ( ) Fax:( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax:( )
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
Signature: Date:
21
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more qualifications which are equal with respect to price, quality, and service are received by the
City for the procurement of PROFESSIONAL CONSULTING SERVICES, a qualification 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 qualifications
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 these PROFESSIONAL CONSULTING
SERVICES that are part of this RFQ 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 PROFESSIONAL CONSULTING SERVICES that are under the RFQ
submittal, 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.
Company Name:
Signature:
Print Name:
E-mail Address:
Phone I Fax #:
22
City of Palm Beach Gardens
Title: RFQ #2006-004 * PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
Openinq Date: Thursday, June 1, 2006, at 2:OO D.m.
The following addendum #I responds to a question and corrects “Section E -
Evaluation Criteria Points Assigned I Sub-section 1 (pg. 15-1 6).”
Addendum #I
Question: On page 15 of the RFQ, it mentions points for attending a pre-submittal
conference .... Did I miss it in the RFQ?
Answer: There will be no pre-submittal conference. Please reference the revised
and attached “Section E - Evaluation Criteria Points Assigned I Sub-section 1”.
Signature of Bidder Acknowledging Receipt of Addendum #I
City of Palm Beach Gardens
Arthur De Rostaing , CPPB
Purchasing Agent
May 5,2006
1
E. EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1. Balance and reasonableness of proposed unit pricinglprofessional
hourly rates - include in Tab #12, reference pg.14 of RFQ
(evaluation scores up to 10 points).
2. Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 20 points).
3. Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 20 points).
4. Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
5. General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
6. Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
7. Location of office(s) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and / or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
QualifierlConsultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
2
City of Palm Beach Gardens
Title: RFQ #2006-004 * PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
New Opening Date: Thursday, June 8, 2006, at 2:OO p.m.
Addendum #2
ADDENDUM #I IS CANCELLED.
The new “Section E - Evaluation Criteria Points Assigned” (pg. 15-16 of RFQ) is
attached.
The new “Important Dates for Professional Consulting Services on Continuing
term Contract” (pg. 3 of RFQ) is attached. Dates have been moved back. No pre-
submittal conference.
Signature of Consultant
City of Palm Beach Gardens
Arthur DeRostaing, CPPB
Purchasing Agent
May 9,2006
1
E. EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1.
2.
3.
4.
5.
6.
Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 25 points).
Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 25 points).
Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
Location of office(s) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and I or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
Qualifier/Consultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
IMPORTANT DATES FOR PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
2
1. Broadcast l Publication Release of RFQ May 4,2006
2. RFQ Opening
3. EvaluationlShort-list Committee Review June 12,2006 *
4. Possible Interviews for Firms Short Listed
5. Consultant Selections Announced
6. Contract Negotiations l Executions
7. Award Recommendations to City Council
June 8,2006 at 2 p.m.
June 13 - 15,2006
June 28,2006 *
July 2006 *
August 2006 *
* Dates above are subject to change based on the number of respondents, availability of the
members, or other unforeseen circumstances.
3
Date Prepared: September 26,2006
Meeting Date: October 19, 2006
Resolution 121,2006
EXHIBIT B
PROFESSIONAL SERVICE AGREEMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13
14
15
16
17
18
19
Ardaman & Associates, Inc.
Astorino
Calvin, Giordano & Associates, Inc.
Dunkelberger Engineering & Testing, Inc.
Elements
GFA International
Jordan, Jones, & Goulding
Keith and Schnars, P.A.
Mactec Engineering and Consulting
McMahon Transportation Engineering & Planning
Mock Roos Engineers, Surveyors, Planners
Nutting Engineers of Florida, Inc.
Radise International
R.J. Behar & Company, Inc.
The RMPK Group, Inc.
Saltz Michelson Architects
Scheda Ecological Associates, Inc.
The Tamara Company
Wantman Group, Inc.
3
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Jordan, Jones and Goulding, Inc. (hereinafter referred to as CONSULTANT), whose address
is 3300 PGA Boulevard, Suite 780, Palm Beach Gardens, Florida 33410.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and the
CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055, Florida
Statutes, for professional civil engineering services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide such
services.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on October 1,
2006, and ending on September 30, 2009, but may be terminated as provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in Request
for Qualifications #2006-004 and its response thereto, which time and expense rates are
attached hereto and incorporated herein as Exhibit A, and as may be specifically designated
and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall be
performed until a Work Authorization has been executed as provided below. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be approved by
the City Manager.
SERVICES TO BE PERFORMED BY CONSULTANT
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications #2006-
004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated in Exhibit A,
attached hereto and incorporated herein, unless otherwise provided for in such Work
Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to do
business in Florida:
4.1
Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One Million
4.2 Workers’ Compensation Insurance in accordance with statutory requirements and
Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000~000) for
each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less
than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be effective
until at least thirty (30) days’ written notice has been made to the CITY. The CONSULTANT
shall include the CITY as an additional insured on the general liability policy required by this
Agreement .
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by the
CITY.
2
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional under
similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re-
perform Services which fail to satisfy the foregoing standard of care. The CONSULTANT
warrants that all Services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of
the Services and in consideration of the promises included herein, the CITY and the
CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 I N DE M N I F I CAT IO N i
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney’s fees and court costs, including appeals, for which the
CITY, its employees, and representatives can or may be held liable to the extent caused by
the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to observe such
performance. The CONSULTANT shall work closely with the CITY in performing the
Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable regulatory
requirements and laws, including, but not limited to, all federal, state, special district, and
local laws, rules, regulations, orders, codes, criteria, standards, directives, and guidelines.
3
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as required
by this Agreement and it is necessary to replace the subconsultant to complete the work in a
timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new
subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall
not be exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY’S Tax
Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty (30)
days’ written notice to the other party. Unless the CONSULTANT is in breach of this
Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of termination,
subject to the limitations of this Agreement.
4
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the nonperforming party could not
avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to,
fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and
govern menta I action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement
will be interpreted according to the laws of Florida.
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or
further breach. The making or acceptance of a. payment by either party with knowledge of
the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
5
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement, and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this Article shall not prevent the entire
Agreement from being void should a provision, which is of the essence of the Agreement, be
determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the CITY and the
CONSULTANT pertaining to the Services, whether written or oral. None of the provisions,
terms, and conditions contained in this Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 20 MOD I FI CAT1 0 N
This Agreement may be modified only by a written amendment executed by both parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners, successors,
executors, administrators, assigns, and legal representatives. The CONSULTANT shall not
assign this Agreement without the express written approval of the CITY via executed
amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
6
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for any
lawful use andlor distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this Agreement.
The CITY shall have access to such books, records, and documents as required in this
Article for the purpose of inspection or audit during normal working business hours at the
CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Jordan, Jones & Goulding, Inc.
3300 PGA Boulevard, Suite 780
Palm Beach Gardens, Florida 331 45-2860
Attn: Eduardo E. Balbis, Project
Manager
Notices shall be effective when received at the addresses as specified above. Changes in
the respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is acceptable
notice effective when received; however, facsimile transmissions received (Le., printed) after
500 p.m. or on weekends or holidays will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
7
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S representative
during the term of this Agreement unless the Services are related to development review.
Services of the CONSULTANT related to development review shall be under the general
direction of the GROWTH MANAGEMENT ADMINISTRATOR or her designee, who shall act
as the CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (IO) days of said changes. The
CITY has the right to reject proposed changes in key personnel. The following personnel
shall be considered key personnel: Eduardo E. Balbis, P.E., Project Manager.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data given to or prepared
or assembled by the CONSULTANT under this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior written approval of the CITY,
and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any actual
or potential conflict between existing clients and responsibilities under this Agreement shall
be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either directly or
indirectly conflict in any manner with the performance of the specific Work Authorization
issued under this Agreement. If any direct or indirect conflict is identified, the Work
Authorization shall be awarded to one of the other CONSULTANTS under a continuing
contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services for any
developer, property owner, or other entity (other than those identified on Exhibit B) who has
applied for or will be applying for a permit or other official sanction from the CITY without the
written consent of the CITY. The CONSULTANT shall promptly notify the CITY in writing of
all potential or actual conflicts of interest for any prospective business association, interest, or
other circumstance which may influence or appear to influence the CONSULTANT’S
judgment or quality of the Services. The notice shall identify the prospective business
association, interest, or circumstance and the nature of work that the CONSULTANT wants to
undertake and request the CITY’S response as to whether the association, interest, or
circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into
by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within
8
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY,
the prospective business association, interest, or circumstance would not constitute a conflict
of interest by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to the
Services.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: C?h>&& /flA
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
JORDAN, JONES AND GOULDING, INC
(CORPORATE SEAL)
\\Pbgsfile\Attorney\attorney-shareWGREEMENTS\CCNA Agreement - Jordan, Jones.doc
9
I
EXHIBIT A
JORDAN, JONES & GOULDING, INC.
2006 RATE SCHEDULE
Labor Grade Hourly Billing Rate
1
2
3
4
5
6
7
8
9
10
11
12
$ 38.00
$ 50.00
$ 60.00
$ 71.00
$ 83.00
$ 91.00
$ 99.00
$120.00
$138.00
$149.00
$168.00
$180.00
Rates apply to regular and overtime hours.
Internal costs such as CAD ($1 5 per hour) and
others will be billed at cost. Out-of-pocket
expenses (such as travel, subsistence, field
equipment, communications, subconsultant
services, etc.) are reimbursable at actual cost
plus ten percent. An interest charge of one
percent per month will be added to invoices not
paid within 30 days. This schedule is subject to
revision as necessary, but at least annually in
January.
EXHIBIT B
JORDAN JONES & GOULDING
3300 PGA Boulevard
Suite 780
Palm Beach Gardens, FL 33410
T 561.799.3855
F 561.799.6579
www.jg.com
August 4,2006
Mr. Dino DeRostaing
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Article 30 - Conflict of Interest
Dear Mr. DeRostaing,
Following is a Complete list of Clients Jordan, Jones & Goulding (JJG) currentIy has in the State
of Florida:
Seminole Tribe of Florida
City of Boynton Beach
Miccosukee Tribe of Florida
EH Building Group
Intrawest Corporation
Arpin & Sons, hc
Mock, Roos & Associates
Bay County Utility Services
Bell Interests, LLP
Martin County
C.R. Investment & DeveIopment
Palm Beach County Water Utilities Department
Miami-Dade County Water &Sewer Department
Sandestin Owners Association
City of Stuart
City of Palm Beach Gardens
Bennello, Ajamil& Partners
Palm Beach County Engineering & Public Works Department
Please let us know if you need any further information regarding this matter.
Sincerely,
Bud Goblisch, P.E.
Regional Office Manager
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Keith and Schnars, P.A. Engineers, Planners, Surveyors (hereinafter referred to as
CONSULTANT), whose address is 901 Northpoint Parkway, #103, West Palm Beach,
Florida 33407.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional civil engineering, structural systems engineering,
construction engineering inspection, electrical systems engineering, transportation
engineering, surveying/mapping, architectural design, and landscape architect services
on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars I
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
2
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN D E M N IF I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 I N DE M N I F I CAT IO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
3
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -D I SCRl MI N AT10 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH -I N -N E GOTI AT I 0 N C E RT I F I C ATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator Attn: r, Vice President
Keith and Schnars, P.A.
901 Northpoint Parkway, #I 03
West Palm Beach, ’ Florida 33407
(ufi~ ARC 4 L. &iJ
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 5:OO p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
I ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Mark J. Moshier, Vice President.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
I available to any individual or organization by the CONSULTANT without prior written
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY. ,
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
By:
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
KEITH & SCHNARS, P.A.
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Keith & Schnarsdoc
10
EXHIBIT A
EXHIBIT A
Duty Code Job Classification
72 Administrative Assistant
73 Associate 1
74 Associate 2
75 Sr. Associate
76 Project Manager
77 Sr. Project Manager
78 Director
79 Principal
42 2 Person Survey Crew
43 3 Person Survey Crew
44 Specialty Survey Crew
Hourly Rate
$50.00
$70.00
$80.00
$105.00
$1 15.00
$145 .OO
$160.00
To Be Quoted
$100.00
$130.00
$1 60.00
Effective January 1,2005
1
I
! I
v) 2 >
Direct Expenses Cost per Unit
Photographic Copies
a Color Copies
a) 8.5”~ 11”
b) 8.5”~ 14 or 1I”x 17”
c) 24”x 36”
& Black & White Copies
a) Any Size up to 1 l”xl7”
b) 24”x 36” Blackline
c) 30” x 42” Blackline
d) 24” x 36” Sepia
e) 24”x 36” Mylar
$ 1.00
$ 2.00
$18.00
$ 0.15
$ 2.00
$ 2.00
$ 8.00
$15.00
Laminating/Transparency Film Covers $ 2.00
Display Boards
& Mounted (Foam) 30”x 40”
Mounted (Foam) 40”x 60” and larger
3 Ring Binders 1”
Dividers (Tabs) Set of 10
Acco/GBC Binding
I Facsimiles
$42.00
$70.00
$ 1.00
$ 0.80
$ 1.50
$ 2.00
Overnight PackagedCourier & Delivery Services $20.00
Postage: I ’* Class Current US Postal rate
Mileage: $ 0.37 /mile
Any other expenses will be billed at cost plus 10% carrying charge.
**NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling
on CLIENT’S behalf, identifiable communication expenses, all reproduction costs, and special
accounting expenses not applicable to general overhead.
Revised 06/26/02
EXHIBIT B
I.
- - r 7: KEITH and SCHNARS, P.A. f - -' I& ENGINEERS, PLANNERS, SURVEYORS
I -
Current Clients
KEITH AND SCHNARS, P.A.
Client Name
A & P CONSULTING TRANSPORTATION ENG CORP
ACCARDI MAZDA
ADLER GROUP
AE DESIGN, INC.
AMB CODINA BEACON LAKES
AMERICAN ENVIRONMENTAL CONTRACTORS
AMERICA'S CAPITAL PARTNERS
ANZAC CONTRACTORS
ASSOCIATED AIRCRAFT MANUFACTURING & SALE
ATLANTIC BUSINESS CENTER LLC
BMK ARCHITECTS
BOCA RATON, CITY OF
BRASFIELD & GORRIE
BREED TECHNOLOGIES
BROWARD COUNTY ENGINEERING
BUTTERS CONSTRUCTION AND DEVELOPMENT
CAROLISA GROUP, INC
CARTAYA AND ASSOCIATES
CF INDUSTRIES
CHARLOTTE COUNTY
CITY FORT LAUDERDALE
CITY OF DELRAY BEACH
CITY OF FORT LAUDERDALE
CITY OF HAINES CITY
CITY OF HOLLYWOOD
CITY OF INDIAN ROCKS BEACH
CITY OF KlSSlMMEE
CITY OF LAKE WORTH
CITY OF LAKELAND
CITY OF MARATHON
CITY OF MIAMI
CITY OF MIAMI GARDENS
CITY OF PALM BEACH GARDENS
Page 1
6500 North Andrews Avenue Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 (800) 488-1255 Fax (954) 771-7690
Current CI ients
KEITH AND SCHNARS, P.A.
Client Name
CITY OF POMPANO BEACH
CITY OF POMPANO BEACH C.R.A.
CITY OF PORT ST. LUCIE
CITY OF RlVlERA BEACH
CITY OF SEBRING
CITY OF WEST PALM BEACH
CITY OF WINTER HAVEN
CLM ASSOCIATES
COASTLAND CONSTRUCTION INC.
CODINA DEVELOPMENT CORPORATION
CONSTRUCTURE, INC
CORNERSTONE GROUP
CORVEN ENGINEERING, INC.
CORZO CASTELLA CARBALLO THOMPSON SALMAN
COSCAN SHEFAOR, LLC
D.R. HORTON, INC
DANBURGMANAGEMENT
DAVIE COMMONS HOLDINGS,LTD.
DEERFIELD BEACH, CITY OF
DERICK PROCTOR
DISPUTES REVIEW BOARD
DONALD F. FLYNN
DOWNTOWN DEVELOPMENT AUTHORITY
DRYCLEAN VENTURES LLC
ECOIL PROPERTIES LLC
EDWARDS ANGELL PALMER & DODGE LLP
ELLIS & ASSOCIATES, INC.
EVERGLADES POLO
F.D.O.T. - DISTRICT FOUR
F.D.O.T. DISTRICT ONE
F.R. ALEMAN AND ASSOCIATES
FACCH I NA-MCGAUGHAN LLC
FDOT DISTRICT VI
Page 2
Current Clients
KEITH AND SCHNARS, P.A.
Client Name
FL GRANDE LLC
FLORIDA ARAGON CORPORATION
FLORIDA DEPARTMENT OF TRANSPORTATION
FLORIDA INTERNATIONAL GROUP
FLORIDA POWER & LIGHT
FLORIDA POWER & LIGHT-ST.LUCIE PLANT
FLORIDA POWER AND LIGHT
FURR & WEGMAN
G.L. HOMES OF FLORIDA
GC WORKS GENERAL CONSTRUCTION
GREEN FLORIDA DEVELOPMENTS
GRS MANAGEMENT ASSOCIATES, INC
GUILFORD & ASSOCIATES, P.A.
GULICK CONSTRUCTION INC
HALEY, SINAGRA, PAUL & TOLAND PA
HAZEN AND SAWYER, P.C.
HDR ENGINEERING, INC.
HIALEAH HOSPITAL
HIGHLANDS SUNSHINE RANCES, INC
HIGHWAY SAFETY DEVICES
HI LLSBORO UG H COUNTY
HOLD THYSSEN
HOLIDAY PARK RECREATION DISTRICT
INDIAN RIVER COUNTY
ITASCA CONSTRUCTION ASSOCIATES, INC.
J & H INVESTMENTS OF POLK COUNTY, LLC
J. ALLEN YAGER SECURITY TRUST
JACOBS
JAMES A. CUMMINGS, INCORPORATED
JAMES B PIRTLE CONSTRUCTION CO, INC
JD ENTERPRISES
JOE KEDZUF
JR CAPITAL CORP.
Page 3
Current Clients
KEITH AND SCHNARS, P.A.
Client Name
KBJ ARCHITECT, INC.
KIMCO REALTY CORPORATION
LAKE COUNTY BOARD OF COUNTY COMMISSIONER
LANDCORE NURSERY, LLC
LEISURE RESORTS, INC.
LENNAR HOMES
LENNAR PBlR LAND DIVISION
LOBLOLLY INC
MANATEE COUNTY GOVERNMENT
METROPOLITAN PLANNING ORGAN IZATl ON
MIAMI-DADE COUNTY
MIAMI-DADE COUNTY SEAPORT DEPARTMENT
MILLER CONSTRUCTION COMPANY
MILTON J WOOD COMPANY
MIRAMAR, CITY OF
MONROE COUNTY, FLORIDA KEYS
MOSAIC, INC.
MOSS & ASSOCIATES, LLC
NETWORK ENGINEERING SERVICES INC.
NORTH SOUTH MACHINE SHOP
NPR DEVELOPMENT INC
OB PROPERTY HOLDINGS LLC
PALM BEACH COUNTY
PALM BEACH WEST ASSOCIATES I LLP
PALM CITY HOLDINGS
PARKS BUTCH
PARRISH CONSTRUCTION COMPANY
PARSONS BRINCKERHOFF CONSTRUCTION SVCS.
PAVARlNl CONSTRUCTION CO SE INC
PERMONT DEVELOPMENT
PETER J PEDlClNl
POLK COUNTY BOCC - SOLID WASTE DIVISION
POLK COUNTY ENGINEERING DIVISION
Page 4
Current Clients
KEITH AND SCHNARS, P.A.
Client Name
POLK COUNTY ENVIRONMNETAL LANDS
POLK COUNTY NATURAL RESOURCES DIVISION
POLK COUNTY SCHOOL BOARD
POLK COUNTY UTILITIES DIVISION
POMPANO PARK HOLDINGS, L.L.C.
PRECISE CONSTRUCTION, INC.
PRO PLAYER STADIUM
PROGRESS CAPITAL PARTNER LLC
PROGRESS ENERGY SERVICE COMPANY, LLC
R.J. BEHAR AND COMPANY
RAHENKAMP DESIGN GROUP, INC
RAMAR GROUP COMPANIES INC
RAMCO-GERSHENSON
RENAR HOMES
REYNOLDS, SMITH AND HILLS, INC.
ROBERT HALLIDAY
ROOSTH CONSTRUCTION
SANCHEZ ZENALI ASSOCIATES, INC
SCHOOL BOARD OF BROWARD COUNTY
SCHOOL DISTRICT OF ST LUCIE COUNTY
SEMINOLE COUNTY BOARD OF COUNTY COMMlSSl
SEMINOLE TRIBE OF FLORIDA
SHUTTLE PORT
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
SOUTH FLORIDA WATER MANAGEMENT DlST
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SOUTHWEST FLORIDA WATER MANAGEMENT DlST
SPILLIS CANDELA & PARTNERS, INC.
STEPHEN L BORUFF AIA
STRAUGHN TROUT ARCHITECTS, L.L.C.
STRICKLAND CONSTRUCTION, INC.
SUNBEAM PROPERTIES, INC.
SUNDANCE MARINA
Page 5
Current CI ien ts
KEITH AND SCHNARS, P.A.
Client Name
TARGET ENGINEERING GROUP, INC.
THE PEEBLES CORPORATION
THE SCHOOL BOARD OF BROWARD COUNTY
THE URBAN GROUP INC
TOWN OF JUPITER
TOWN OF LAKE PLACID
TOWN OF LANTANA
TOWN OF ZOLFO SPRINGS
TRANSYSTEMS CORPORATION
TRIAD LLC
TRI-COUNTY RAIL CONSTRUCTORS
TURNBERRY & ASSOCIATES
TURTLE RUN COMMUNITY DEV DISTRICT
UHEL POLLY HAULING, INC.
US CAPITAL/FASHION MALL LLC
VAUGHN, WUNSCH, MASULLO ARCHITECTS, P.A.
VMS
WALBRIDGE ALDINGER
WASHINGTON GROUP INTERNATIONAL, INC
WASTE MANAGEMENT
WCI COMMUNITIES, INC.
WESTGATE/BELVEDERE HOMES CRA
ZYSCOVICH INC.
Page 6
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Mock Roos & Associates, Inc. (hereinafter referred to as CONSULTANT), whose
address is 5270 Corporate Way, West Palm Beach, Florida 33407-2066.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional civil engineering and surveying/mapping services on a
non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated i Reau st fo Q u alifi atio S
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N I F I CAT1 ON
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 I N DE M N I F I CAT10 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB1 LlTY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE I9 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT IO N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
Consultant may maintain a copy of such documents for its record purposes.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Mock Roos & Associates, Inc.
5720 Corporate Way
West Palm Beach, Florida 33407-2066
Attn: Alan D. Wertepny, P.E., V.P.
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 5:OO p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
representative during the term of this Agreement unless the services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY'S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Alan D. Wertepny, P.E., Vice
President .
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject however to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
Christine P. Tatum, City Attorney
WlTN ESSES: CONSULTANT
MOCK ROOS & ASSOCIATES, INC.
1. BY
2.
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Mock Roos.doc
10
EXHIBIT A
06/1 4/06
City of Palm Beach Gardens
2006 Rate Schedule
Hourly Rate Schedule*
Corporate Officer ................................................................................................... $150.00
Senior Project Manager ....................................................................................13 0.00 150.00
Project ManagedSenior Engineer ....................................................................lO 0.00 - 145.00
Project Coordinator ........................................................................................... 80.00 - 100.00
Engineer ............................................................................................................ 70.00 - 100.00
Designer ............................................................................................................ 60.00 - 70.00
Project ManagedSenior Surveyor ..................................................................... 80.00 - 110.00
Surveyor ............................................................................................................ 60.00 - 80.00
Survey/Engineering Technician ........................................................................ 50.00 - 92.00
Field Representative .......................................................................................... 50.00 - 85.00
CADD Technician ............................................................................................ 50.00 - 92.00
Drafter ............................................................................................................... 40.00 - 60.00
Field Survey Party
3-Man Survey Crew ....................................................................,........lOO.OO - 145.00
2-Man Survey Crew .............................................................................. 70.00 - 110.00
Administrative Assistant ................................................................................... 45.00 - 59.00
Mock*Roos can complete services on an hourly basis at MockRoos hourly rates, plus reimbursable
expenses, or for an agreed upon lump sum fee.
Reimbursable Expenses such as field supplies (Le. stakes), field/construction photographs, cell
phone charges, computer usage charges, long distance phone calls, blueprints, photocopies, etc. will
be billed to Client at cost to MockoRoos. Out-of-town travel (to job-sites, etc.) for vehicle mileage,
lodging and meals will be billed at State-allowed rates.
* * Client approved overtime will be billed at 1.2 times hourly rate shown.
Rates are effective until December 31,2006.
Mock, Roos & Associates, Inc.
5720 Corporate Way, West Palm Beach, Florida 33407-2066, (561) 683-31 13, fax 478-7248
EXHIBIT B
August 3,2006
Dino DeRostaing
City of Palm Beach Gardens
10500 Military Trail
Palm Beach Gardens, FL. 33410-4698
Ref. No.: A6025
Subject: City of Palm Beach Gardens Agreement
Dear Mr. DeRostaing:
Below is a list of all Mock-Roos' current clients which are either subject to the jurisdiction of the
City cx have any ongoing contracha! relationship with the City.
1. Northern Palm Reach County Improvemenl District
2. T'ayior Woodrow Communities at Mirasol. Ltd.
3. Seacoast Utility Authority
If you have aiy questions, please call me at 683-3 1 13 extension 2 16.
Sincerely:
MOCK, RC)IC)S & ASSOCIATES, IKC. d6k mas A. i gs,P.E.
Executive Vi President f
TAB:cbrn
L.\mkL46025.00\1003tbcm doc Mock, Roos & __ Associates, Inc. ~
5720 Corporate Way, West Palm Beach, Florida 33407-2066, (561) 683-31 13, fax 478-7248
- ____ -_
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ,2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Wantman Group, Inc. (hereinafter referred to as CONSULTANT), whose address is
2035 Vista Parkway, Suite #I 00, West palm Beach, Florida 3341 1.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional civil engineering, transportation engineering, and
surveying/mapping services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
2
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 I N DE M N I F I CAT ION
The CONSULTANT agrees to protect, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney’s fees and court costs, including appeals, for
which the CITY, its employees, and representatives can or may be held liable to the
extent caused by the negligence, recklessness, or intentional wrongful conduct of the
CONSULTANT and other persons employed or utilized by the CONSULTANT in
performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
3
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials. I
I ARTICLE 11 AVAILABILITY OF FUNDS
I The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
1 The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
i ARTICLE 13 TERMINATION OF AGREEMENT
I This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
4
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term iiUncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -DISC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
5
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 MODIFICATION
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
6
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH -I N -N E GOTI AT I 0 N C E RT I F I C ATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use andlor distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
7
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
Wantman Group, Inc
2035 Vista Parkway, Suite #I 00
West Palm Beach, Florida 3341 1
Attn: Joel N. Wantman, P.E., President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
I the term of this Agreement.
I ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Joel Wantman, P.E., President /
Principal in Charge and David K. Brobst, P.E., Project Manager, Associate in Charge.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq. 1
8
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit 6, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
6) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT’ the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
(The remainder of this page left intentionally blank)
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By:
Patricia Snider, CMC, City Clerk
By:
Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
-Yf&
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
1. By:
2. un hb 9d I (CORPORATE SEAL)
I \\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Wantman.doc
I 10
EXHIBIT A
WANTMAN GROUP, INC FEE SCHEDULE
EFFECTIVE DATE - JANUARY 2006
HOURLY RATE
Principal Engineer
Expert Witness
Project Manager
Senior Professional Engineer
Professional Engineer
Principal Surveyor
Professional Surveyor
Staff Engineer
Environmental Scientist
Field Engineer
EngineeringISurveying Computer Technician
2 Man Field Crew
3 Man Field Crew
Administrative Assistant
Global Positioning System (GPS) per receiver
All Terrain Vehicle
Field Supplies per hour
Blueprints
Photo Mylars - each
Mylars
Copies - each
Other Expenses
M: ProposalsIContract & Standard Provisions 2006.doc
$225.00
$300.00
$175.00
$150.00
$120.00
$200.00
$130.00
$ 90.00
$1 10.00
$100.00
$ 80.00
$120.00
$1 50.00
$65.00
$35.00
$5.00
$10.00
$0.60/sq. fi.
$120.00
$6.OO/sq. Et.
$0.30
cost Plus 10%
Initial
Wantman Group, Inc.
€nglneerlng 4SurVeyng 4Mapplng
EXHIBIT B
EXHIBIT B
:tian of tftc Citj of Palm
0 Knngcr Construction Industries. Ino. -. Various survej layout contracts,
* Toll Hrothm. fnc. - Frenchman's Reserve.
2035 Vista Parkway 4. Suite 100°C West Palm Beach, Florida 33411
561 $87.2220 $3 Fax: 561.687.Y IO *> ~.wa~~angro~p.~m r, ~i~an~angroup.~~
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and R. J.
Behar and Company, Inc. (hereinafter referred to as CONSULTANT), whose address is 6861
S.W. 196 Avenue, Suite #302, Pembroke Pines, Florida 33332.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and the
CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055, Florida
Statutes, for professional structural systems engineering services on a non-exclusive basis;
and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide such
services.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on October 1,
2006, and ending on September 30, 2009, but may be terminated as provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in Request
for Qualifications #2006-004 and its response thereto, which time and expense rates are
attached hereto and incorporated herein as Exhibit A, and as may be specifically designated
and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall be
performed until a Work Authorization has been executed as provided below. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be approved by
the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications #2006-
004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated in Exhibit A,
attached hereto and incorporated herein, unless otherwise provided for in such Work
Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to do
business in Florida:
4.1
Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One Million
4.2 Workers’ Compensation Insurance in accordance with statutory requirements and
Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for
each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less
than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be effective
until at least thirty (30) days’ written notice has been made to the CITY. The CONSULTANT
shall include the CITY as an additional insured on the general liability policy required by this
Agreement .
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by the
CITY.
2
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional under
similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re-
perform Services which fail to satisfy the foregoing standard of care. The CONSULTANT
warrants that all Services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 I N DE M N IF IC AT10 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of
the Services and in consideration of the promises included herein, the CITY and the
CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 I N DE M N I F I CAT I 0 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney’s fees and court costs, including appeals, for which the
CITY, its employees, and representatives can or may be held liable to the extent caused by
the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to observe such
performance. The CONSULTANT shall work closely with the CITY in performing the
Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable regulatory
requirements and laws, including, but not limited to, all federal, state, special district, and
local laws, rules, regulations, orders, codes, criteria, standards, directives, and guidelines.
3
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as required
by this Agreement and it is necessary to replace the subconsultant to complete the work in a
timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new
subconsultant by the CITY.
I ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall
not be exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY’S Tax
Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB1 LlTY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty (30)
days’ written notice to the other party. Unless the CONSULTANT is in breach of this
Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of termination,
subject to the limitations of this Agreement.
4
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the nonperforming party could not
avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to,
fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement
will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -DISC RI M I N AT IO N
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or
further breach. The making or acceptance of a payment by either party with knowledge of
the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
5
ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement, and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this Article shall not prevent the entire
Agreement from being void should a provision, which is of the essence of the Agreement, be
determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the CITY and the
CONSULTANT pertaining to the Services, whether written or oral. None of the provisions,
terms, and conditions contained in this Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners, successors,
executors, administrators, assigns, and legal representatives. The CONSULTANT shall not
assign this Agreement without the express written approval of the CITY via executed
amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
6
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for any
lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this Agreement.
The CITY shall have access to such books, records, and documents as required in this
Article for the purpose of inspection or audit during normal working business hours at the
CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the CITY
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
As to the CONSULTANT
R.J. Behar & Company, Inc.
6861 S.W. 196 Avenue, Suite 302
Pembroke Pines, Florida 33332
Attn: Robert J. Behar, P.E., President
Notices shall be effective when received at the addresses as specified above. Changes in
the respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is acceptable
notice effective when received; however, facsimile transmissions received (i.e., printed) after
500 p.m. or on weekends or holidays will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
7
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S representative
during the term of this Agreement unless the Services are related to development review.
Services of the CONSULTANT related to development review shall be under the general
direction of the GROWTH MANAGEMENT ADMINISTRATOR or her designee, who shall act
as the CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (IO) days of said changes. The
CITY has the right to reject proposed changes in key personnel. The following personnel
shall be considered key personnel: Robert J. Behar, P.E., President and Sean O’Keefe, P.E.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or prepared
or assembled by the CONSULTANT under this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior written approval of the CITY,
and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any actual
or potential conflict between existing clients and responsibilities under this Agreement shall
be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either directly or
indirectly conflict in any manner with the performance of the specific Work Authorization
issued under this Agreement. If any direct or indirect conflict is identified, the Work
Authorization shall be awarded to one of the other CONSULTANTS under a continuing
contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services for any
developer, property owner, or other entity (other than those identified on Exhibit B) who has
applied for or will be applying for a permit or other official sanction from the CITY without the
written consent of the CITY. The CONSULTANT shall promptly notify the CITY in writing of
all potential or actual conflicts of interest for any prospective business association, interest, or
other circumstance which may influence or appear to influence the CONSULTANT’S
judgment or quality of the Services. The notice shall identify the prospective business
association, interest, or circumstance and the nature of work that the CONSULTANT wants to
undertake and request the CITY’S response as to whether the association, interest, or
circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into
by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within
8
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY,
the prospective business association, interest, or circumstance would not constitute a conflict
of interest by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to the
Services.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL h SUFFICIENCY
- ~~ Christine P. Tatum, City Attorney
WITNESSES:
1. - CONSULTANT
R. J. BEHAR & COMPANY, INC.
By: 92%
Robert J. Behar, PE
~ (CORPORATE SEAL) -
\\PbgsfileMttorney\attorney-shareMGREEMENTS\CCNA Agreement - RJ Behar.doc
9
EXHIBIT A
Fee Schedule
Company Name
RJ Behar & Company, Inc
Address
6861 SW 196 Avenue, Suite 302
Tel. No. 954-680-7771 IPembroke Pines, Florida 33332
Category
Principal-in-Charge
Project Manager (P.E.)
Senior Engineer (P.E.)
Engineer (Non P.E.)
Construction Manager
Construction Inspector
Technician
Entry Level Engineer
Clerical
Hourly Rate
$147.00
$141.75
$141.75
$95.55
$1 10.25
$78.75
$78.75
$68.25
$52.50
EXHIBIT B
R.J.Behar & Company, Inc.
EngineersePlanners
August 14,2006
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attn: Mr. Arthur De Rostaing, CPPB
RE: RFQ #2006-004 Professional Consulting Services on Continuing Contract Basis
Conflict of Interest with Client Listing
Dear Mr. De Rostaing:
As requested, we are providing you a list with our clients who may be the only clients currently
retained, that could pose a potential conflict of interest for the City of Palm Beach Gardens and our
professional service (see attached email). RJ Behar has no private clients working within the City of
Palm Beach Gardens. The two public sector clients we work for with overlapping jurisdiction are:
0 Florida Department of Transportation (Highways & Transportation)
0 County of Palm Beach (Highways & Transportation)
In addition, we do not anticipate any conflict of interest between the City and these clients for the
services which are expected of our company to perform. Of course, if any potential conflict of interest
does arise, we will immediately notify both parties and recuse ourselves appropriately.
We look forward to developing a long term relation with the City and its staff. Please feel free to call
me at ofice (561) 383-5588 or (561) 716-6117 if you have any questions or require any additional
information.
Sincerely,
Sean o,K~&, P&.
Attachment
cc: Robert J. Behar, P.E.
~ 12008 South Shore Boulevard, Suite 207 * Wellington, Florida 33414 * Phone (561) 383-5588 Phone (561) 383-5444
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ,2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Calvin, Giordano & Associates, Inc. (hereinafter referred to as CONSULTANT), whose
address is 560 Village Boulevard, Suite 340, West Palm Beach, Florida 33409.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055,
Florida Statutes, for professional construction engineering inspection, transportation
engineering, and landscape architect services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N IF I CATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN D EM N I FI CAT10 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -D I S C RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 S EVE RAB I L ITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT IO N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
Calvin, Giordano & Associates, Inc.
560 Village Boulevard, Suite 340
West Palm Beach, Florida 33409
Attn: John P. Downs, Executive Vice President T e
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: John P. Downs, Executive Vice
President, Principal-in-Charge. Te
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit 6, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
6) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
CALVIN, GIORDANO & ASSOCIATES,
INC.
By: eLp. cxo4 -
0 Jtk- P. .b03m(cc
(CORPORATE SEAL)
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Calvin, Giordano 3-5-8.doc
10
EXHIBIT A
5.
-j Calvin, Giordano € Associates, Inc.
i- - gE XCEPTION AL SOLUTIONS
Engineering
Construction Engineering
& Inspection
Municipal Engineering
Transportation Planning
& Traffic Engineering
Surveying & Mapping
Planning
Landscape Architecture
& Environmental Services
Construction Services
Indoor Air Quality
Data Technologies
& Development
i
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Phone: 954.921.7781
Fax: 954.921.8807
www.calvin-giordano.com
PROFESSIONAL FEE SCHEDULE
Principal 200.00
Executive Assistant 70.00
ENGINEERING
Associate, Engineering
Director, Engineering
Project Manager
Resident Inspector
Project Engineer
Engineer
Senior CADD Technician
CADD Technician
Traffic Technician
Permit Administrator
Clerical
150.00
130.00
120.00
110.00
100.00
85.00
75.00
70.00
75.00
75.00
65.00
DATA TECH DEVELOPMENT
Associate, Data Tech Dev. 150.00
GIS Coordinator 130.00
GIS Specialist 90.00
Multi-Media 3D Developer 90.00
GIS Technician 80.00
Sr. Applications Developer
Private 160.00
Public 160.00
Private 120.00
Public 120.00
Network Engineer 130.00
Applications Developer
CONSTRUCTION
Associate, Construction 150.00
Construction Management Director 120.00
Senior Inspector 90.00
PLANNING
Associate, Planning
Director of Planning
Planning Administrator
Assistant Director
Planner
Jr. Planner
EXPERT WITNESS
PrincipaVAssociate
Registered Engineer/Surveyor
Project Engineer
LANDSCAPE ARCHITECT
Associate, Landscape
Senior Landscape Architect
Environmental Administrator
Landscape Architect
Environmental Specialist
Landscape CADD Technician
Environmental Assistant
SURVEYING
Associate, Surveying
Hydrographic Survey Crew
G.P.S. Survey Crew
Survey Crew
Senior Registered Surveyor
Survey Coordinator
CADD Technician
Submeter G.P.S
MICROBIALmVDOOR AIR
QUALITY SERVICES
Sr. Environmental Scientist
Environmental Scientist
150.00
130.00
120.00
110.00
90.00
70.00
300.00
250.00
200.00
150.00
115.00
1 10.00
100.00
90.00
70.00
70.00
150.00
200.00
125.00
1 10.00
100.00
80.00
70.00
65.00
100.00
85.00
In addition to the hourly rates listed above, charges will include direct out-of-pocket
expenses such as reproduction, overnight mail, and other reimbursables billed at a
multiplier of 1.25.
h~lp://cgaspOl/cga_intranetlDocuments/Pmf Fee Schedule eff July ZOO5.doc
\Alnr+ D=Im Re-rh nrlanrln
Effective July 1,2005
Fort Pierce Homestead
EXHIBIT B
Calvin, Giordano & Associates, Inc
Client List
EXHIBIT B
ATLANTIC GULF COMMUNITIES
CORP
DAVID DANGLARD
DANIA BEACH HOTEL,LLP
DANIA BEACH BOAT CLUB
MR & MRS DELEGAL
ENGLE HOMESPEMBROKE, INC
GREENBERG, TRAURIG ET AL
GREENBERG, TRAURIG
LARRY LEVINSON-
STOLLER,FRED,ZE
MICHAEL MCHUGH
MOLLOY BROS., INC.
ORIOLE HOMES
PEPSI-COLA BOTTLERS OF MIAMI
RACHLIN, COHEN & HOLTZ
SESSA INC.
MICHAEL SWERDLOW CO
(WESTLAKE)
S.T.S. BUILDINGS- C/O M. SWERD
MICHAEL SWERDLOW COMPANY
INC .
SWERDLOW REAL ESTATE GROUP
MINT0 BUILDERS, INC.
TRAFALGAR ASSOCIATES, I11
ZIMMERMAN & ASSOC.
ABC U-PULL-IT
HELEN ABRAHAM
ACOCK ASSOCIATES ARCHITECTS
ACP OFFICE I, LLC
AG ARMSTRONG DEVELOPMENT
LLC
A.D.A. ENGINEERING INC
ADAR DEVELOPERS CORP.
AMRAM ADAR
AM DEVELOPERS
AD PEMBROKE GARDENS LLC
STANLEY ADELMAN
ACAI ASSOCIATES, INC.
ACECON CONSTRUCTION
CORPORATIO
THE ADLER COMPANIES
ADLER MANAGEMENT SERVICES
INC .
ADLER GROUP CONSTRUCTION,
INC.
DICK ADLER
ADRO CONSTRUCTION, INC.
AECOM LEISURE GROUP
ADVANTAGE ENVIRONMENTAL
ADVANTAGE
PROPERTYCONSULTANTS
AEW CAPITAL MANAGEMENT
MARK ALBRIGHT
ALDRICH, EASTMAN, & WALTCH co.
ALEXANDER DEVELOPMENT AND
ALTMAN DEVELOPMENT
CORPORATION
ALL-GO CONTRUCTION
ALLIANCE CONSTRUCTION
ALLIANT-PARTNERS, LLC
ALLSTAR BUILDERS
CORPORATION
MR BOB ALTERMAN
AMERICAN CAPITAL PARTNERS
AMERICAN HOUSING
PRESERVATION
AMERICAN INDUSTRIES
AMERICAN MARITIME OFFICERS
AMERICAN MARKETING AND
MANAGEM
AMERICAN TRAVELER
AMERIGROW RECYCLING, INC
AMERITY DEVELOPMENT &
TNVESTME
AMERICAN OFFSHORE MARINA
AMI
ANF GROUP, INC.
M.J. ANDERSON, INC.
ANDRX CORPORATION
APEC CONSULTANTS
CONE & GRAHAM, INC.
APPLIED TECHNOLOGY &
MANAGEMENT
ARCHDIOCESE OF MIAMI
CATHOLIC CEMETERIES
ARCHDIOCES
ARCHDIOCESE OF MIAMIKT
EDWARD
ARCHON RESIDENTIAL
ARCHITECTURAL ELEMENTS &
DESIG
ARCHSTONE COMMUNITIES
ARCHITECTURE 6400, INC.
ARCHITECTURA GROUP
INESE B. RALPH J. ARDOLINO
ARLAND COMMUNITY
DEVELOPMENT
A.R.P. ENGINEERING & DESIGN
CRP.
ARMAND0 M. MONTERO &
ASSOC.
ARVIDA
ARCHONGROUP
ASCENSION PEACE PRSBYTRN
CHURCH
ASCOT DEVELOPMENT
ASHDUN CORP
ASHER KEIDAN
ASTON CARE SYSTEMS, INC.
ATKNSN, DINR,STN,BLCK &
MNK,PA
ATKINSON, DINER, STONE,
MANKU
ATLAS PEARLMAN PA
AZURIX NORTH AMERICA
ATLAS PEN & PENCIL CORP
AQUATEC SYSTEMS, INC.
ATLANTIC COAST BUILDING
DEVELO
ATLAS SIGN INDUSTRIES
AUTOBUILDERS
BMC DEVELOPMENT AT CYPRESS
HEA
BDI CONSTRUCTION COMPANY
FRANCES BADER
BAER FURNITURE COMPANY, INC.
BAINBRIDGE COMMUNITIES
ACQUISI
BALTIMORE ORIOLES
8 BARR ARCHITECTURAL STUDIO
OSCAR BARBARA
BASS PRO SHOPS
BBC CONSTRUCTION COW
BAUMGARD DEVELOPMENT COW
SANDRA BELLIN
BAYSHORE DEVELOPERS, INC.
BCBE CONSTRUCTION
BAYTREE LEASING COMPANY,
LLC
BEAUCHAMP CONSTRUCTION CO
BEISWENGER HOCH & ASSOC,
INC.
BECKER & POLIAKOFF, P.A.
MITCH BENEROFE
BERKLEY VACTION RESORTS INC
BERGERON LAND DEVELOPMENT,
INC
BERCOW & RADELL
RUBY BENNETT
BEVERAGE CANNERS INTERNATL
COR
BERMELLO, AJAMIL & PARTNERS
CHARLES J. ATTY AT LAW
BENVEN
BEVERLY ENTERPRISES OF
FLORIDA
LEONARD BIERMAN
BIG 0 RV PARK ASSOC, INC.
ANDY BLAIR
DENISE BLEAU
BLOCKBUSTER PARK LANDS, INC.
BLOCKBUSTER ENTERTAINMENT
GROU
FRED BLOETSCHER
BLUEWATER CONSTRUCTION
BLUMENFELD DEVELOPMENT
GROUP
BOCA RESORTS
BOCA MARINA YACHT CLUB
BOCA DEVELOPERS, INC.
BOGGS, HUTCHINSON &
ASSOCIATES
BOULEVARD PROPERTIES
BOHREN'S UNITED VAN LINES
BOYS ENGINEERING I1 INC
BOVIS LEND LEASE
BONAVENTURE DEVELOPMENT
DI S TRI
BONAVENTURE RESORT & SPA
MR. GREGORY BRAND
BRANT, MOORE, ET.AL.
BRAUN & MAY REALTY
BRAUSE REALTY, INC.
BRAUSER MAIMONIDES
ACADEMY
MR. HANK BREINER
BRENNER REAL ESTATE GROUP
BRENNER EQUITIES GROUP, INC.
BRIGHT HORIZONS FAMILY
SOLUTIO
BRITO, COHAN & ASSOCIATES
BRITISH FIDELITY ASSURANCE
LIM
BROWN AND CALDWELL
BROWN & BROWN ARCHITECTS
BRENDA BROWN
SHEILA BROWN
BRUNO ELIAS ARCHITECTS
BURD DOWNS & MAGATHAN, LLP
BURGER & TRAILOR, P.A.
BURKE, WEAVER, & PRELL
JAMES A. BUTKUS & ASSOC.
JAMES N. BUSH ESQ.
LYNN BURSTEN
BUTLER, BURNETT AND PAPPAS
BUTLER AND PRIMEAU
BUY-RIGHT REAL ESTATE, INC.
C3TS
CAFE CONSULTANTS
CAMPANIELLO IMPORTS OF
FLORIDA
CAMDEN DEVELOPMENT, INC.
CANTOR, MORANTE, P.A.
CAPITA & DUCHEINE
CAPITAL ABSTRACT & TITLE
CAPITAL INVESTMENT &
MANAGEMEN
CAPITAL REALTY SERVICES
BEN CARTER PROPERTIES, INC.
JIM CARR
CAPITAL HOTEL MANAGEMENT,
LLC
CAPE HAZE TOW"OMES,INC.
GRAFTON N. CARLSON
CARMAN, BEAUCHAMP & SANG, P
A
THE CARLISLE GROUP
CARLISLE EMERALD HILLS LTD
CASDEN PROPERTIES OPER
PROPRTS
LOU CAMINAUGH
CARIBBEAN SUN AIRLINES
WILLIAM CASTELLANO
MARK CASTELLANO
CB RICHARD ELLIS INVESTORS,
LL
CATALFUMO CONSTRUCTION,
L.L.C.
CATALYST-REIFF ASSOCIATES,
INC
CATALYST GROUP
DEVELOPMENT, LL
CAVACHE, INC.
CENTEX HOMES
CENTEX ROONEY
CENTRAL FLORIDA EQUIPMENT
CHANCELLOR ACADEMIES
RUSSELL C CHASE ARCHITCT,
INC.
CHAVES LAKE
SARAH CHAWN
CHAUVET
CLARIDGE PROPERTIES-SOUTH
FLOR
DAVID CHERNOW
CLIFF BERRY & ASSOCIATES
CLIFF'S TRUCKING, INC.
CLOBUS, MCLEMORE & DUKE
CNL AMERICAN PROPERTIES
FUND I
COASTAL SYSTEMS INT'L INC
COASTAL CONTRACTING & DEV.,
IN
COASTLINE BUILDING COW
COASTAL CONSTRUCTION
COMPANY
COLEMAN BRADLEY
COHEN & FRIEDMAN, P.A.
ALLEN COHEN
COLONIAL REALTY LIMITED
PARTNE
COMBANK TITLE, INC.
COLONIAL DEVELOPMENT GROUP
COM REALTY
CONAM INVESTMENT GROUP
CONCORDE INVESTMENTS, INC.
CONGRESSSTORAGE, LLC.
CONSOLIDATED BANK
CONSRUCTION SYSTEMS OF
AMERICA
CONSULTECH ENGINEERING, INC.
CONTRAVEST CONSTRUCTION
COMPAN
CONTINENTAL CITRUS AND TR
FRM
CONTINENTAL REAL ESTATE
COMPAN
JON COOPER, P.E.
MARVIN & JOAN COOPER
SANDRA COOK
COSCAN FLORIDA, INC.
CRCKR BARRL OLD CNTRY STR,
INC .
CRESCENT RESOURCES, LLC
CRISTO LA ROCA CHURCH
CRAIG R. WEINER ASSOCIATES, IN
CROCKER AND CO.
PHYLLIS CRAWFORD
CROCKETT HERD INVESTMENT,
INC.
MR. BRIAN CROWLEY
CROWN SANITARY SUPPLY
JAMES A. CUMMINGS, INC.
CUMMINGS GENERAL
CONTRACTORS
EILEEN CURRAN
CURRIE SOWARDS AGUILA
ARCHITEC
CURRY INDUSTRIES, INC.
CUSTOM SOLUTIONS INC
CUTCHER & ASSOCIATES
BILL CURTIS
CLAIRE CWICK
CHRIS CUTRO & ASSOCIATES
MARILYN CIRINO
DYAN DAHARI
DATA-PHONE WIRE & CABLE cow.
BENNETT DAVID
DAVID H. WULFF, ARCHITECT
DAVIE BATTERY
CHARLES DAVIS
DBC GENERAL CONTRACTOR
MR. GORDON DECKELBAUM
DECON ENVIRONMENTAL
DEPART OF ENVIRONMENTAL
PROTEC
DELLA SCHULLER
DELRAY LAKES HOA
MELISSA DELSON
DELTA CONSULTING ENGINEERS,
IN
DESIGN TECH INTERNATIONAL,
INC
RAGNHILD DJURIC
DIPLOMAT PROPERTIES L.P.
DIPLOMAT PROPERTIES, L.P.
DIPLOMAT PROPERTIES, L.P.
WESTIN DIPLOMAT HOTEL, INC.
THE DIOCESE OF NEWTON FOR
MELK
DOUMAR, ALLSWORTH, CURTIS
CRSS
DOWNRITE ENGINEERING, INC
JUDY DISTEFANO
D.H. GRIFFIN CONSTRUCTION
D & G INSURANCE SERVICES
D & L TELECOMMUNICATIONS,
INC .
HELEN DANSKY
DPJ ENTERPRISES, INC.
LARRY DRAIZIN
DRD ENTERPRISES, INC.
J. DOUGLAS DRYMON
DRIFTWOOD THE OCEAN
CORPORATION
ED DVORAK
DULLES CORNER PROPERTIES
DRIRITE
DRIVERS ALERT
DUBOW,DUBOW & WALLACE
ELIZABETH DUCAR
JIMMY DUNNE
DUKE REALTY
DUKE CONSTRUCTION
DZN ARCHITECTS
EAGLE METAL FABRICATORS, INC
E.P. LLC
EAST COAST COMMUNITIES
ECCLESTONE SIGNATURE HOMES
LEN EDELMAN
EL DORADO FURNITURE
ELAN LAWN SERVICE
EISMAN & RUSSO, INC.
ELKS CLUB
ELECTROMECHANICAL
RESEARCH LAB
ELLIS, SPENCER, BUTLER ET. AL.
RHODA ELLNER
EMBASSY LAKES HOME OWNER'S
ASS
EMERALD GOLF, INC.
ENVIROCON
MICHAEL ENKOFF
ENTRADA RESORT MOTEL
ENVIRONMENTAL DEVELOPMENT
CONSLT.
EQUITY ONE, INC.
EQUITY LAND TITLE CO.
THE ENCLAVE
ESRI, INC.
EUBANK, HASSELL, & MRHAD,
ESQ.
EVANS, BUTLER REALTY
EVANS ENVIRONMENTAL &
GEOSCIEN
EWM REALTORS
EXECUTIVE APPRAISAL INC
EXCEL DEVELOPMENT CORP.
EXPRESSIONS ARCHITECTURAL
GROU
EXTRUDED CONCRETE CURBING,
INC
L&L OF FT LAUDERDALE,INC.-LEO
FLAMINGO FALLS, INC.
FDOT DISTRICT VI
FDOTDISTRICT IV
F.P. DIN0 & ASSOC. INTL
FALKANGER RESIDENTL DESIGN
GRP
FF DEVELOPMENT L.P.
MS VICKI Y. VINER-BANZ
FAIRFIELD RESIDENTIAL LLC
FIRST DEVELOPMENT FUND,
CORP.,
FERNANDEZ, MARIO
FEINSTEIN & SOROTA, P.A.
TONY FARMER
CAROL FANTO
FLORIDA EAST COAST RLTY, INC.
FL CONFERENCE SEVEN DAY
ADVEN
MICHAEL FERNANDEZ
FLORIDA ELECTRICAL SERVICES co
FINANCIAL FLORIDA, INC
FIRST BAPTIST CHURCH
FLORIDA BAPTIST CHILDREN'S
HSE
FIRST NATIONAL BANK OF
FLORIDA
FIRST SOUTHERN CONSTRUCTION
J. PATRICK FITZGERALD,P.A.
FITZGERALD PROPERTY
MANAGEMENT
SEAN AND KRISTIN FISCHER
FLORIDA POWER & LIGHT
COMPANY
FRANZ JOSEPH SHROPA, AlA
FRANKEL, MONTE
FRANKLXN REALTY INVESTORS
MR. ALAN FRANK
FLT INVESTMENTS
CHARLES FOTSCH
FOREST CITY DEVELOPMENT, INC.
FOREST CITY COMMERCIAL
GROUP
FORMAN, KREHL & ALBRIGHT
FULLERTON DIAZ ARCHITECTS
BEACH ONE RESORT, LLLP
FORTUNE INTERNATIONAL
FRAZIER, HOTTE & ASSOCIATES, P
FRIEDMAN & OSHINSKY, PA
THE FRIEDMAN LAW FIRM
JERRY FRIEDMAN
FROMBERG, FROMBERG, LEWIS &
BR
GGB ENGINEERING
G.L. HOMES, INC.
G.L.S.L. ASSOCIATES I1
GUSTAFON GUTHRIE NICHOL LTD.
GABLE, MICHAEL P
MS. LINDA ODONELL
MR. ALAN GABRIEL
GALLAGHER BUILDING CORP.
GALLARDO & SUIERO DESIGN
INC .
GAME PROPERTIES CORP.
GAMPEL ORGANIZATION
JOHN GARWOOD
GARZIA BREWER STROMBERG
MARTIN GAYESKI
GATOR GRADING & EXCAVATING
MICHAEL GENET
GENTILE, HOLLOWAY, &
O'MAHONEY
GENERAL GROWTH PROPERTIES,
INC
GENERAL, INVESTMENT & DEV CO
GERHRDT M. WITT & ASSCTS, Inc.
BARBARA & AL GEWIRTZ
DENISE GIANINO
GILBERT SOUTHERN
GLENN GILES
GILLES LEONARD
MARLENE GLASER
ERIC GLAZER ESQ.
GLOBAL DEVELOPMENT
GLOBAL SOURCE MANAGEMENT
GOODMAN, WEBBER AND HNDN,
P.A.
DEBRA GOODWIN
ELLIOT GORDON
GOREN, CHEROF, DOODY &
ESZROL,
GUARDIAN AMERICAN HOMES
GUARDIAN INTERNATIONAL
GULF VIEW DEVELOPERS
MS JUDITH GOLDBERG-ROTH
GOLD COAST CRANE
RAY GOLDEN
PAULA GOLDSTONE
GORDON-DARBY, INC.
STAN GORDON
GOVERNMENT SYSTEMS GROUP
GRANITE & MARBLE DESIGNS
MR. THOMAS GRANER
GRAPHIC CONNECTION
GREENBERG TRAURIG - WPB
GREENHORNE & O'MARA, INC.
JEFF GREENE
JOANNE C. GREGORY
JEFFREY GROSS ASSOCIATES
GRUNDMAN FABRICATORS AND
ERECT
GRIFFIN LAKES CDD
GSD CONTRACTING, INC.
GSG DEVELOPMENT INC
GSK HOLLYWOOD DEV.,
GULF-EMPIRE PROPERTIES, L.L.C.
GULFSTREAM PARK
GUNSTER, YOAKLEY & STEWART
GUNSTER, YOAKLEY & STEWART
GUSTAFSON, TLTN, HENNG &
MTZGR
H & T CONSULTANTS, INC.
HABITAT FOR HUMANITY
HDL CONSTRUCTION
HALVORSEN DEVELOPMENT cow.
HDR INC.
ED HANSON
HAMILTON REALTY
JOHN HANCOCK REAL ESTATE
INVES
HANSON WILSON, INC
HANMI BAPTIST CHURCH
HARDRIVES OF DELRAY, INC.
HARD ROCK HOTEL & CASINO
HARVEY PERETZ, D.D.S.
CHRISTOPHER HAMLIN
HART DEVELOPMENT, LLC
HARTLEY CONSTRUCTION
DON HART
HARBOR ISLANDS
HARMONIA MASONIC LODGE
HASKELL COMPANY
KEITH HAYDEN
HAZEN & SAWYER
HAWTHORNE BUILDING &
DEVELOPME
HEICO CORPORATION
R.J. HEISENBTTL ARCHTCTS, P.A.
MS. PATRICIA L. SLY
WILSON R. HERNANDEZ
GEORGE HENDERSON
HIGHWOODSIFLORIDA HLDINGS,
L.P.
HINTON AND ASSOCIATES
HNTB, INC.
HODGES, WARD, & ELLIOTT, INC.
PAMELA HOLBERT
HOLLAND & KNIGHT, LLP
RHONDA HOLLANDER
HAROLD AND DOROTHY
HOFFMAN
HOLLYWOOD OAKS DEVELOPERS
DESMARAIS INVESTMENTS, INC.
HOLLYWOOD BEACH GOLF &
COUNTR
HOMART DEVELOPMENT
COMPANY
HOMES FOR AMERICA HOLDINGS
INC
HOME DEPOT CORPORATION
HOME DEPOT USA, INC.
HOME DYNAMICS INC.
HOMESTEAD E.F.B.D. INC.
HONEYWELL, INC.
HOWE REAL ESTATE, INC.
HOYER INVESTMENT CORP.
JAMIE HUFF
HUIZENGA HOLDINGS
THE HANGER GUYS
THE HOLIDAY ORGANIZATION,
INC .
INDIAN TRACE COMMUNITY
DEVELOP
INDIAN TRAIL IMPROVEMENT
DISTR
INDIAN TRAIL INCORPORATED
INNOVATIVE DESIGNS DANIA,
INC .
INWOOD CONSULTING
ENGINEERS
INTRASTATE CONSTRUCTION cow.
THE INTEGRATED GROUP
INVEST REALTY GROUP LLC
IBM SOUTHEAST EMPLOYEES
CREDIT
I.T. CORPORATION
INS/GULFSTREAM INSURANCE
IMAGE RESOURCE GROUP
ITASCA CONSTRUCTION ASSOC.,
IN
DORIT AND ISRAEL ITZCHAKE
IVI INTERNATIONAL, INC.
IVY DEVELOPMENT
W. JACKSON & SONS CONSTR CO
JAFFE GROUP
JAZAYRI CONSTRUCTION, INC.
J.C. DEVELOPMENT GROUP, INC
CAYUGA 51 COW
JB MAINTENANCE & SUPPLY INC.
JERSEY MIKE'S SUBS
SOUTHERN BLVD PARTNERSy LLC
JL CAPITAL & MANAGEMENT INC.
JOHN EVANS ARCHITECTS
JM PROPERTIES OF FLORIDA
SIMA JELIN
JEFFERSON R. ANDERSON REAL
EST
JOHNSON-DAVIS, INC.
JOHN ETLING
JOHN F. PHILLIPS, P.A.
MILTON JONES DEVELOPMENT
CORP
JONES LANG LASALLE
DAVID JONES
ALYCE JONES
JORGE LINKEWER ARCHITECT
THE JONES COMPANY OF S. FL
JOSIAS,GOREN,CHEROF,DOODY,E
ZRO
K & B CONSTRUCTION, INC.
K HOLDINGS GROUP, INC.
MICHAEL KADOCH
MR. WOODROW KANTNER
DONALD KAHN
JOSEPH B KALLER & ASSOC., PA
AUDREY KAPLAN
JANE KARP
KTZ, BARN, SQTR, FST & BRMN PA
CAROL KATZ
ALYN KAY
KENNETH ISRAEL
KEITWMACK LLP
WALTER H. KELLER JR.
KELLY TRACTOR
KENCO COMMUNITIES
MR. ROBERT KERN
KEYS COUNTY INC
KILWIN'S QUALITY CONFECTIONS,
KIMCO REALTY DEVELOPMENT
CORP.
KIMLEY-HORN & ASSOCIATES INC
KING & SPALDING
KITE REALTY GROUP TRUST
JOHN KISSEL
THEODORE KLEIN
KMG MANAGEMENT
KNIGHT,MCGUIRE & ASSOCIATES
KOBI KARP
KODSI & EISENSTEIN, P.A.
KONOVER SOUTH
MR. JOEL KOPELMAN
KOZAWA MURAKAMI
ASSOCIATES, IN
KRALOVIC CONSTRUCTION, INC.
MRS. C. KRISER
L.B.TRUCKING & CONSTRUCTION
LM DEVELOPMENT GROUP
L.T. ENVIRONMENTAL, INC.
SUZANNE LACARIA
NORMAN LATTMAN
LANCASTER,POLLAND
MORTGAGE CO.
TOWN OF LAKE PARK
LAKE BUENA VISTA FACTORY
STORE
LAKE EMERALD OWNERS
ASSOCIATIO
HOLLYWOOD YOUNG CIRCLE, L.P.
LASALLE INVESTMENT
MANAGEMENT
LA PRIMA DEVELOPMENT
COMPANY,
LAST DEVENPORT NC.
LAURENZO'S ITALIAN MARKET
WILLIAM S. LEBO & COMPANY
LINDA LEGUNN
MARK LEMELMAN
DR. GERALD LEIBOWITZ
LEIGHTON MCGUI" CO.
LENNAR HOMES BROWARD
DIVISION
LENNAR HOMES-LAND DIVISION
LENNAR HOMES - BROWARD
MR. JOHN LET0
LEVY REALTY ADVISORS INC.
DAVID LEVIN
LEVITT COMMERCIAL
LEYDA LANDRIAN
LIBERIA ECONOMIC & SOCIAL
DEVE
LISA PUMPER
RUSSELL LISSUZZO
LI LING
LIGHTSPEED INFRASTRUCTURE
MR. & MRS. CLIFFORD LLOYD
LOCKHEED MARTIN
LOCHNER ENGINEERING
LIMOCH STIRLING LLC.
LINCOLN PROPERTY
MANAGEMENT
MR. GERRY LOMOSTRO
MARCEL DAMIECKI
DAN LOVETT
LOWE'S COMPANIES, INC.
JONATHAN LUBARSKY
LUCIO, MANDLER, CROLAND, ET
AL
MR. GERALD LURIE
MGSG HOLDING COMPANY, INC.
MDM SERVICE INC
M.M. HANNAN REAL ESTATE INC
M & M AIRCRAFT SERVICES, INC.
MMI DEVELOPMENT, INC.
M & M INVESTMENT, INC.
MAROONE AUTO DEALERSHIP
MACTEC ENGINEERING
MACHADO & HERRAN, P.A.
THE MARTIN-MOUL GROUP, INC
MADISON CAPITAL GROUP
MAGNA INTERNATIONAL, INC.
MAGNA ENTERTAINMENT
CORPORATIO
MAGNIVISION
MARINER VILLAGE
MALVERN NEIGHBORHOOD
ASSOCIATION
MAPLE RIDGE CDD
SALTZ MICHELSON ARCHITECTS
ALAN J. MARCUS
MAIN STREET FUNDING, LLC.
MARTHA'S RESTAURANT
ART MARTINEZ INTERESTS
CHARLIE MARTINEZ, P.A
MARRIOTT HOTEL
MERITAS, LLC
METROPOLITAN LIFE INSURANCE
METRIC ENGINEERING, INC.
MASPONS, GOICOURIA, ESTEVEZ
MGE ARCHITECTS
MARGOLIS ENTERPRISES
MASTER EXCAVATORS7 INC.
SANDY MARGOLIN
HARVEY K. MATTEL, ESQUIRE
MATTHEWS LANDSCAPING, INC.
MASUEN CONSULTING LLC
MAX SOUTH CONSTRUCTION
CORP.
STEPHANIE MAZZARELLA
McCAFFERY INTERESTS
McCASEY GROUP
McCLESKEY MAUSOLEUM
McCURRY PROPERTIES
WAYNE McCONNELL, INC.
G.T. McDONALD ENTERPRIS, Inc.
McMAHON ASSOCIATES, INC.
McDONALDS CORPORATION
McKAY CONTRACTING, INC.
MCZKENTRUM FLORID OWNR
V1,LLC
BARBARA MEACHAM
MEADOWBROOK HEALTHCARE
OF NORT
MEADOW PINES CDD
MEC DEVELOPMENTSy INC.
M.E.F. CONSTRUCTION
MEEKINS FINANCIAL
MEGATRON
MEETING DYNAMICS, INC.
MGG CAPITAL CORPORATION
MG3 DEVELOPER GROUP
MICAM INDUSTRIES, INC.
EUGENE MILGRAM
MILLER, SCHWARTZ & MILLER,
P.A
MILLER CONSULTING, INC.
MELVYN MILLER
MICHAEL LATTERNER &
ASSOCIATES
HOLLYWOOD PROJECT, LLC
MRS. VICKI MINNAUGH
GUMBERG PROPERTY INV, INC.
DON MITCHELL
MJ STAVOLA INDUSTRIES
MIRZA CONSTRUCTION COMPANY
SEAWIND LAND CORPORATION
MODE INC.
RICHARD M. P.A. MOGERMAN
MOONRAKE DEVELOPMENT, LLC
SEVERN TRENT ENVIRONMENTAL svc
CATHERINE MOYAL
MOYLE, FLANIGAN, KATZ,
RAYMOND
MULKEY, EILEEN
MUNNE ROYAL HOMES, INC.
MURPHY CONSTRUCTION
MW BUILDERS, TNC.
SHELLEY NACHUM
NYK PRODUCTIONS
NASON, GILDAN, YEAGER,
GERSON
NATURAL HABITATS, INC.
NATIONWIDE REALTY INVESTORS
MR. PAUL NAVANI
NEVILLEBTEFFENS ARCHITECT
LLC
NEW EDITION CONSTRUCTION
NEW BEGINNINGS PRESCHOOL
NEW COUNTRY MOTOR CAR
NEW URBAN HIGH RIDGE, L.L.C.
NEW URBAN WORKS
DEVELOPMENT
GEORGE NIEDERMULLER
NOBEL EDUCATION DYNAMICS,
INC.
NORTHERN PB CNTY IMP DISTR-
RFP
NOVACARE REHABILITATION
NORTHWOOD VILLAS, LLC
NORTHWESTERN CAPITAL
CORPORATION
NR INVESTMENTS, INC.
NUTTING ENGINEERING OF
FLORIDA
OAKDALE, INC.
OBM MIAMI INC.
OCEAN BLUE CONDOMINIUM
0 CAMPO & ASSOCIATES
OLIVER, GLIDDEN, SPINA AND
PAR
OMAR FURNITURE COW.
OMEGA BUILDERS, INC.
O.R. COLAN ASSOCIATES
Orange Tree Blossom, Inc.
OVERHOLT CONSTRUCTION
LONG HORN PROP MNGT, INC.
JEFFREY P. ORLAN, P.A.
PSI DEVELOPMENT, INC.
PBS&J
PEBB ENTERPRISES
PACER INTERNATIONAL, INC
PADULA & WADSWORTH
CONSTRUCT10
MR. ROBERT PALMER
PALM BEACH ATLANTIC
UNIVERSITY
PALM BEACH AGGREGATES, INC.
PALM BEACH COUNTY
PALM BCH CNTY BRD OF
COMMISSIONERS
CATALYST GROUP
DEVELOPMENT, LL
PALM BEACHMOTOR CARS
PARADISE DEVELOPMENT CORP.
PANTROPIC POWER, INC.
PASITEA,LLC
GREG PANER
WALTER PANER
PARKWOOD PROPERTIES COW.
PARKSON CORPORATION
THE PATRICIAN OF PALM BCH
COND
TONY & VANESSA PENNUCCI
PALM ENGINEERING GROUP, INC.
PAVARINI CONSTRUCTION
PAVER CENTER & SHUTTERS, INC.
PAVARINI CONSTRUCTION CO. SE,
PEARSON FOXCOR
PEARSON & SILVER ATTORNY
LAW
THE PLAZA GROUP
THE POLO CLUB
DANIEL C. PEREZ
PEREZ & PEREZ
PERKINS & WILL
JEFFREY PERLOW & ASSOCTS, P.A.
PHILLIP CICCARELLI
PHOENIX HAYES, INC
PILINGOTES, INC.
PINNACLE HOUSING GROUP
PINNACLE TOWERS, INC.
PIPER ARCHITECT
JAMES B. PIRTLE CONSTRUCTION
PISTORINO & ALAM
MR. ARTHUR PIVIROTTO
PLAZA PROPERTIES GROUP, INC.
PLANTATION RETAIL, LLC
PLASTEC INDUSTRIES
PORTFOLIO INTERNATIONAL
HOLDIN
POINT OF AMERICAS IT HOA
POWER 1 CREDIT UNION
HEADQTRS
JOSEPHINE PORTELLA
MALKA PORGES
POWERMAX SYSTEMS, INC.
PRECISION RESPONSE CORP
PRESIDENTIAL TOWERS
ASSOCIATES
PREIT-RUBIN, INC.
PREMIERE MANAGEMENT
PROPERTY
PRESIDENTIAL CARE CORP
PRIMAX CONSTRUCTION, INC.
PRIMAX PROPERTIES, LLC
RICK PRIBELL
PRIME ENGINEERING INC
PRIME RETAIL
PRINCE BUSH MANAGEMENT CO.
PRINCE BUSH INVESTMENTS
PRINCIPLE DESIGN &
DEVELOPMENT
PROFESSIONAL LEARNING
CENTER
PROFESSIONAL SERVICE
INDUSTRIE
PRO-DEVELOPMENT, INC.
PROJECT FINANCE &
DEVELOPMENT,
PROMENADE HALLANDALE
PROSPER HOLDINGS, INC.
PROPERTIES GROUP INC.
PULTE HOME CORP
Q CONSTRUCTION
QUALITY MAINTENANCE AND
REPAIR
QUADOMIAN CONDO 111
ASSOCIATIO
QUANTUM DEVELOPMENTS, LLC
QUANTUM INC.
RAINTREE LLC
RACETRAC
R.E. CHISHOLM ARCH., INC.
RAM DEVELOPMENT COMPANY
RANGER CONSTRUCTION - SOUTH
RAPOPORT & TRIAY
REAL ESTATE MARKETING
SERVICES
THE REDLAND COMPANY, INC
REID & ZOBEL, P.A.
REGENCYGROUP
REES ASSOCIATES, INC.
REGENCY HOUSE HEALTH SPA
REPUBLIC NATIONAL BANK OF
MIAM
ALL SERVICE
RETAIL PROPERTY GROUP, INC.
RETZCH LANA0 CAYCEDO
ARCHITECT
RESOLUTIONS INC.
RESTORATION EXPERTS, INC.
REUTER RECYCLING OF FLORIDA
RICHLAND PROPERTIES
RICHARD JONES
SUE RICHARDS
SIMONE RICHARDSON
RIC-MAN INTERNATIONAL INC
RITZ-CARLTON
MR. ARMAND0 RIVER0
RIVER W ATC H
RHEA RIVERS
RIVIERA BEACH, CITY OF
RIVER OF GRASS UU
CONGREGATION
RIVERSIDE GOLF GROUP
RPC HOLDINGS
THERESA RIZZO
MR. DAN ROBINSON
ROCK SOUP DEVELOPMENT INC
ROCKEFELLER GROUP
DEVELOPMENT
ROCKWOOD REALTY
ASSOCIATES, IN
ROGERS BUILDERS INC.
ROGERS, MORRIS & ZIEGLER
FRANK RODRIGUEZ
ROMA CONSTRUCTION CO.
DAVID ROMINECK
ROMANIK HUSS & IVERS
ROSCIOLI YACHTING CENTER INC.
LYNNE ROSENBERG
ROSEN & KREILING PA
ROSEN & EICHNER
ROOF SYSTEMS SERVICES, INC
ROSS REALTY INVESTMENTS, INC.
ROVEL CONSTRUCTION INC
ROYAL CARIBBEAN CRUISE LINES
ROYAL PALM COMMUNITIES
LEONARD ZEDECK
RREEF REAL ESTATE
INVESTMENT
RUBIN BAUM LEVIN CONSTANT
FRIE
RUDEN, McCLOSKY, SMITH, ET AL
THOMAS RUPOLO
RYAN, INC,
SAAL TRUST CORPORATION
SABLE PALM GOLF COURSE
MARTY SADKIN
STARWOOD, WASSERMAN, LLC
SAFEGUARD SELF-STORAGE INC
SAINT ANDREW SCHOOL
SAINT EDWARD'S PARISH
SAM B. NEVEL, INC.
SAXELBYE ARCHITECTS, INC.
SARA DAVID REALTY
SBS CONSTRUCTION CORP
MR. AL SCHACKLETON
PATRICIA SCHILLER
SALOMON SNOW MARKETING
SAWGRASS BUILDERS
SCHIMPLER MIRSON/AMERICAN
MR. DANIEL SAMBURSKY
SCS ENGINEERS
SCHOOL BOARD DIST PALM BCH co
SCHOTT MEMORIAL FOUNDATION
SCHWAB, TWITTY AND HANSER
STEVE SCHWACK
BENJAMIN S. SCHWARTZ
JAY D. SCHWARTZ
MARK SCHWIMMER
SEACOAST UTILITY AUTHORITY
SEAWOOD BUILDERS
SECURITY CAPITAL ATLANTIC,
TNC
SEMINOLE TRIBE OF FLORIDA
SERBER & ASSOCIATES
JEANE SEMON
SERVPRO
ALLAPATTAHCENTER
ASSOCIATES,
SHAH-DROTOS & ASSOCIATES
SHAMROCK OF BROWARD, LTD.
SHARPE PROJECT
DEVELOPMENTS, I
MICHAEL A. SHEGOTA
SHERIDAN EXTRA CLOSET
SHERIDAN 75 LLC
SHA WE-AGER CONSTRUCTION,
INC .
DR. HERBER SHICK
SHOMA DEVELOPMENT COW
SHORELINE FOUNDATION INC
SLABBAGE GROUP, INC.
SUE SEIDMAN
PAUL SLATTERY
SLATTERY & ASSOCIATES, INC.
SIEMON, LARSEN & MARSH
SINGER ARCHITECTS
SITE TECHNOLOGIES
SID HERSH ASSOCIATES, INC.
TONY SIDERS
SILOE BAPTIST CHURCH
SILVER BUILDERS
SIMON & SIMON, P.A.
SINGELTARY CONCRT PRDCTS,
INC.
SIZELER REAL ESTATE OF FL
SMITH, MOSES, MORRIS
SMITH & COMPANY, INC.
SMITH GROUP, INC.
SOMERSET LAND COMPANY
SONIC BOATS
MIKE SOUEID
SONOMA BAY INC.
SOUNDS OF SERVICE RADIO
SOUND CONNECTION
DISTRIBUTING,
SOUTHEAST CENTERS
SOUTHBEND SHORES ESTATES
SOUTH FLORIDA EXCLUSIVE
PROP,
SOUTHEAST ORGANICS, LLC
SOUTHEASTERN PERSONAL CARE
SOUTHERN WASTE SYSTEMS, INC.
SOUTHERN CROSS CONTRACTING,
IN
SANDLER AT GREATER
MARATHON
SHARON SOUZA
SPENCER & KLEIN
KEN SPERBER
JUDGE JAY S. SPECHLER
ROBERT & GLORIA SPICER
SPH CONSULTING
SPIRT OF LIFE MINISTRIES
SRI, LLC.
SPRINGS ENTERPRISE, LLC
WILLIAM C. STALIONS
JIM STANTON
STAIN SAFE
STEEL, HECTOR & DAVIS
MORTON STERN
STEARNS WEAVER MILLER. ET AL
HENRY STEVENS
STIRLING CENTER
STIRLING LAND COMPANY
JAN STEIN
CLIFF STEIN
NORMAN STEIN
DAVID STONE
STILES CORPORATION
STILES CONTRUCTION CO.
STILES PROPERTY MANAGEMENT co.
STILES DEVELOPMENT CO.
STOR- ALL
STORAGE USA
ARNOLD STRAUS, JR.
STRUCTURETONE
STYLEBUILT CONSTRUCTION
SUN PACIFIC CONSTRUCTION,
INC .
SUNBUTLT PROPERTIES
S UNCOA ST AUTOB U ILD ERS, INC.
MR BERNARD SULTAN P.E.
SUBAQUEOUS SERVICES INC
SULLIVAN HOMES
SUFFOLK
SUITT CONSTRUCTION COY INC.
SUMMIT PROPERTIES
LISA SWARTZ
SAMUEL SUSI
SWEZY REALTY, INC.
MANUAL SYNALOVSKI
SKYLINE BUILDERS
SKYSHADES USA
SYNALOVSKI, GUTIERREZ,
ROMANIK
TABERNACLE OF PENTECOST
TALBOTT REALTY
TANGER PROPERTIES
JACK TAPLIN/WESTBROOKE
MARTY TAPLIN/WESTBROOKE
TARGET STORES
TARGET ENGINEERING
TATE INCORPORATED
TAYLOR ENGINEERING
TW ACQUISITIONS, INC.
TCAFV INVESTMENT INC.
TED BAKER LANDSCAPE
ARCHITECTS
TURNBERRY ASSOCIATES
TURNER TRUCKING, INC
TEMPLE BETH DAVID
TENEX ENTERPRISES, INC.
TERRE NEUVE
DONALD TETRO
GORDON THAMES
THOMAS MARINE
CONSTRUCTION, IN
TIGERTAIL INDUSTRIAL PARK
TLC DIVERSIFIED INC.
TLMC ENTERPRISES
TISHMAN CONSTRUCTION
CORPORATI
TOLL BROTHERS
MS. MARIKA TOLZ
TRAFALGAR HOUSE
CONSTRUCTION
TOWN OF PALM BEACH
TOWN OF LANTANA
TRAFFIC CONTROL DEVICES INC
TRACTEBEL ELECTRIC & GAS
INTER
TOWN OF JUPITER
TOWN CENTER I COMMERCIAL
LTD
TRAMMELL CROW RESIDENTIAL
TRANSEASTERN PROPERTIES
CORNERSTONE GROUP
THE RELATED GROUP OF FLORIDA
TRUE BREAD WORSHIP CENTER
TRIO DEVELOPMENT
CORPORATION
THE TRUST FOR PUBLIC LAND
TRI-CITY ELECTRIC COY INC.
TRIESTE REAL ESTATE
CORPORATIO
TURNBULL & DANIELS, ATRNYS
LAW
UNDERGROUND INDUSTRIES, INC.
KARL UNGERMAN
UNISA
UNITED COMMUNITY
MANAGEMENT CO
UNITED CONSULTING AND
MANAGEME
UNITED HOMES, INC.
UNITED PENTECOSTAL CHURCH
UNITED UNDERGROUND
CONTRACTOR
UNITED VANGUARD HOMES, INC.
USCD/EDELMAN DEVELOPMENT cow.
UMT MARINE SERVICES
US HOMES
UNVRSL DRYWALL AND
PLSTRNG, INC.
UNIVERSAL LAND TITLE, INC.
URBAN SOLUTIONS, INC
UVARI, ANTHONY
VELOCITEL
VENTURE CONSTRUCTION
COMPANY
VERDICO INDUSTRIES, INC.
VERONA LAKES H.O.A.
VIKING ASSOCIATES
VICTORY LIVING PROGRAMS, INC.
VICTORY VILLAS, INC.
VILLA CLARA ENTERPRISES, INC.
VILLAGE OF NORTH PALM BEACH
WAYNE VILLAVASO
VILLAGE OF ROYAL PALM BEACH
VISUAL HEALTH CENTER
VITAS HEALTHCARE
CORPORATION
VOLUSIA CNTY DIV OF
EMERGENCY
WCI COMMUNITIES, INC.
ANDREW H. WARNERJNC.
WARSECK, KAREN L A!A
WASSERMAN REAL ESTATE
CAPITAL
WATTERSON, HYLAND, BAIRD &
KLE
WATERMEN DEVELOPMENT
GROUP
MARILYN WEBER
WEDGEWOOD PROPERTIES FL,
INC.
COMPASS PROPERTIES, INC.
RON & MISSY WEECH
RONLO, INC.
WEINGARTEN REALTY
INVESTORS
WEEKLEY ASPHALT PAVING
COMPANY
MR. SAM WEINTRAUB
WEEKLEY BROTHERS LEASING
ARTHUR D. WEISS
WEISS, SEROTA, HELFMAN, ET AL
WEITZER LANDING HOMES
WEIL, GOTSHALL & MANGES
DICK WELLS
WELLS FARGO BANK
WEST COAST PARTNERS, INC.
WEST MANOR REALTY CO
WESTLAKE VILLAGE
CITY OF WEST PALM BEACH
STANDARD PACIFIC HOMES
MAPLERIDGE COMMUNITY
DVLPMNT D
MIRAMAR DRI
WESTVEST ASSOCIATES INC
WEITZ COMPANY, INC.
DAVE WHITE
THE W HITlNG -TU RNER
CONTRACTING
JON WHITMAN
WINGS PLUS
WINNINGHAM & FRADELY, INC.
WINSTON PARK LTD.
WITTERS CONSTRUCTION CO.
WLD ENTERPRISES INC
WORKMAN CONSTRUCTION
COMPANY.
WOOD PARTNERS
NXG ARCHITECTURE
WRS INFRSTRCTR & ENVRNMNT,
INC.
WSG DEVELOPMENT COMPANY
WYNMOOR VILLAGE
JERRY WUHRMAN
MR. RICHARD YUSEM
ZELCH AND MCMAHON,
ARCHITECTS
CONSTANTIN & ZDARSKY
TRAFALGAR ASSOCIATES
TKE ZUCKERMAN BROTHERS
ZYSCOVICH
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Mactec Engineering and Consulting, Inc. (hereinafter referred to as CONSULTANT),
whose address is 2500 Metrocentre Boulevard, Suite #8, West Palm Beach, Florida
33407.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055,
Florida Statutes, for professional construction engineering inspection,
surveying/mapping, environmental assessment, and geo-technical analysis services on
a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.'
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and. incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
I
2.2 WORK AUTHORIZATION
Services will be authorized by the issuanceiof a Work Authorization. No services shall
be performed until a Work Authorization p has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer‘s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars ,*
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 I N D E M N I F I CAT IO N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Adicle 6.
6.2 I N DE M N I F I CAT IO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or. utilized by the
CONSULTANT in performance of this Agreement.
3
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENTCONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with apblicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
a
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary’to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
. CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified. ‘
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
C.
D. Continue and complete all parts of the work that have not’been terminated.
The CONSULTANT shall be paid ‘for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the.reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
>
. preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
*
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVE RAB I LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20
This Agreement may be modified only by a written amendment executed by both
parties.
M 0 D I F I CAT IO N
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns,’ and legal representatives. ’
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working\solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH -I N -N E GOT I AT IO N C E RTI F I CAT E
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs-used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
-
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
I
As to the CITY
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
As to the CONSULTANT
Mactec Engineering and Consulting, Inc.
2500 Metrocentre Boulevard, Suite #8
West Palm Beach, Florida 33407
Attn: Richard A. Minichiello, Sr. Vice ..
President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission . is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 5:OO p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT AD MIN ISTRATIBN
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
.representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who +shall act as the CITY'S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
*
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Richard A. Minichiello, Sr. Vice
President, Branch Manager and Bruce S Schmitt, Principal Scientist / Contract
Manager.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data give to or
prepared or assembled by the CONSULTANT under this-Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY. \
During the term of this Agreement, the CONSULTANT agrkes not to provide Services
for any developer, property owner, or ’other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumAance and the nature
, of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of ’the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the.day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By: >
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
WITNESSES: CONSULTANT
MACTEC ENGl IEERII' G AND .
CONSULTING, INC.
By:
(CORPORATE SEAL)
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Mactec.doc
10
I.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
BMACTEC r engineering and constructing a better tomorrow
July 20, 2006
City of Palm Beach Gardens
City Clerk's Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Attn: Arthur DeRostaing
Purchasing Agent
Subject:
'
PROFESSIONAL CONSULTING SERVICES
ON CONTINUING CONTRACT BASIS
RFQ# 2006-004 . Construction Engineering Inspection
Surveying/Mapping Services . Environmental Assessments
Geotechnical Analysis
Mr. DeRostaing:
MACTEC Engineering and Consulting, Inc. (MACTEC) is pleased to submit our
fee schedule and certificate of insurance for the negotiations process of the
above mentioned RFQ.
Should you have any questions or need additional information please do not
hesitate to contact us.
Sincerely,
MACTEC Engineering and Consulting, Inc.
LU
Bruce S. Schmitt, CHMM
Principal Scientist
Office Manager
Brian Hathaway, P.E.
Senior Geotechnical Engineer
Attachments: 2006 Fee Schedule
Certificate of Insurance
Distributions: Addressee (2)
File (1)
P:\Marketing and Business Development\PROWSALS/ZW PROPOSALS\PROPOS~-ZZO (City of Palm Beach Gardens
Various Svcs.) Fee Schedule & COI Letter 7.20.06.d~
MACTEC Engineering and Consulting, Inc.
2500 Metrocentre Blvd., Suite 8 West Palm Beach, FL 33407 561.242.771 3 561.242.5591 Fax
I
I
I.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
MACTEC - engineering and constructing a better tomorrow
MACTEC Engineering and Consulting, Jnc.
2006 Schedule of Fees
Per some1
Charges will be made at the following rates for time spent in project
management, consultation or meetings related to the project, conducting
field inspections, sampling, evaluations, review and analysis of field and
laboratory data, report preparation and review, design, travel time, etc.
Time spent on projects in litigation, in depositions and providing expert
testimony will be charged at the standard rate times 2.0. Technician and
Support Personnel time for work over 8 hours per day and on holidays,
Saturday and Sunday will be charged at the standard rate times 1.5.
A. Professional (Engineer, Geologist, Scientist and Project
Management)
Staff I
Staff I1
Project
Senior
Principal/Project Manager
Senior Principal/Senior Project Manager
Chief Fngineer/Scientist
Special Rate Personnel*
$80.00/hour
$90.00/hour
$10500/hour
$11 5.00/hour
$135.00/hour
$150.00/hour
$180.00/hour
Separate Schedule
* Special Rate Personnel identified by name (such as certain Senior
Principals with specialized expertise) will be billed at a special rate
identified for individual projects.
B. Technical Services (Engineering and Science)
Technician I
Technician I1
Senior Technician I
Senior Technician II
Principal Technicians and Specialty Technicians
(i.e., persons holding specialized certifications)
Project Administrator/Project
Coordinator/Subcontract Administrator/Project
Accountant
Technical Writer/Document Processor (includes
CADD/Draftsperson (includes PC/CAD) PC/CAD) __I
$45.00/hour
$5 5 .OO/hour
$65.00/hour
Separate Schedule
$ 5o.oo/hour
$68.00/hour
$84.00/hour
$60.00/hour
MACTEC Engineering and Consulting, he.
2006 Schedule of Fees
I
I
I
I
D
D
D
I
I
D
I
I
D
Clerical $45.00/hour
C. Surveying Services
Field Surveyor I
Field Surveyor II
Crew Chief
2 Person Field Crew
3 Person Field Crew
4 Person Field Crew
Survey Technician I
Survey Technician II
Project Surveyor
Survey Manager
D. Information Management and GIs
_. Data Technician
Software Engineer
Senior Software Engineer
Business Analyst
IT Manager
$3 5.00/hour
$45.00/hour
$70.00/hour
$1 15.OO/hour
$150.OO/hour
$185.00/hour
$62.00/hour
$77.00/hour
$95.00/hour
$12 5.W/hour
$78.00/hour
$13 2 .OO/hour
$188.OO/hour
$210.00/hour
$240.00/hour
E. Contract Labor
From time to time, MACTEC retains outside Professional and
Technical labor on a temporary basis to meet peak workload
demands. Such contract labor will be charged at regular Schedule of
Charges rates.
Note: Personnel rates shown in the above fee schedule apply to project
charges during calendar year 2006 only. On January 1" of each
subsequent year, labor rates invoiced on projects will be increased by 4%
to reflect annual cost of labor increases.
MACTEC Engineering and Consul-, Inc.
Im f
I
I
I
I
I
I
m aJ Y
n u VI
d Go
I: E I
I
I
I
I v)
I
I
I
I
wwwwww WWWWWW 222222 cccAAc uuuuuu
EEE 555
v)
'i [: EE 4 I I
I
I
I
I
I
I
I
cn PI PI Lrr
I I I I I
I
I
I
I
I
I
I
I
I
I
I
I
I
0
5
co
!I- s 4
M E 0
0000 moo0 a I 9999 mmvm QI C 4355% cdcdcdcdcd wwwww
b
!- E4
2 s
2 z 0
I
I
I
I
I
I
I
I
I
I
I
1
I
I
VI
Q)
0) CL I=
I! 1
111
1 II 0 0 8 Ln hl 1 1 0 8 N d d f n II
1
1
f.3 8 a
3:
9 z ri
Ii
1 I
U
E v, 6 m $ U I
I
a
I- % Fl a 2 s E U
5 v,
z s 8
z 0 E ?i
m d 3 E
I
1
2- G
!$
v, s U W el m 3 5?
U z s U s E 0 P d
U z 0 U
U z s Yj
6 3
446444~66446646~646~46~6~4~4~~46~~~ cdcdcdcdcdcdmcdcdmcdmcdcdcdcdcdcdcdcdcdmcdcdcdmmmmmcdmmmm wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
II z g
9 u
W W 3 d
II
c 0) aJ aJ LL
64646 ddddd 66644464 d3ddddd3 6 d 64644446 cdcdcdmcdcdcdcd wwwwwwww
4 d 4 d 4 m w
666464 cdmcdmmm wwwwww
4 d 6 d
C v) g
C v) g
3 D
+ v) c C
v) aJ
+ v) c t; 9 s cl s cl 9 9 PPPPPP 333333 9 9
I
I
I
I
I
I
I
I
I
I
I
I
I%
I1
v)
P) 01 CL
3
rJ I
55656 cdcdcdacd wwwww -- I
1 cn
I: I B @l
I
I
I
I
I
I
I
a 3
n Y z
d
I I: f I
I
I
v) aJ
0) crr I=
I
3
I!
8 N
I I I I I
I
I
I
I
I
I
I
I
I
I
I
L % a
t-
v)
0, QI CL
cl 0 46E~444664~6444~44E4444444 i/ 4 6 4 E E 4 E
wwwwwwwwwwwwwwwwwwwwwww ~~cdcdcdcdcdcdcdcdcdcd~cdcdcdcdcdcdcdcdcdcdAAA ~AAAAAAA
..................... g,,,,,,, 3 B x 8 N
n II f U n
** *-4 EaEa n
II z E!
z E! n
aJ rl E v) W W k I=
I
3 I!! rD
8 N
c 2
.r. 2
W v)
2 iz aJ
f
W
U 2
I
I
$ a
I I rl N f 0 x rl 4 0 v
II v, w v,
I I
I
'1
I
I
N N
VJ
0)
0) Lh
+I 0
s N
@$
00
dddddd
d 3 0 X
W N a, k
v1
I
h 9 s
LL 0 3 a
d
Ln k I m
I
I
0
l-4 8
n 0 X I
03
3 t; E I
I
v, m E Y a 3
d" tr!
I
I
I
2 0
v) L 91
6 3 66636 33333 3 3 4 3 6 3 6 d
I I
W ul
W
W ul F
W ul F 3 9 9 9 P 3 3 N I
I 2006 Schedule of Fees Page 26
I
I
I
I
I
I
I
I
I
I
I
1
111. Expenses
A. Travel Expenses
1. Transportation
a. Company pickup/personal vehicle, per mile - $0.50
b. Common carrier or car rental multiplied by 1.1 5
2. Per Diem expenses: direct expenses multiplied by 1.15
B. Disposal of Hazardous Waste Samples
Samples of waste will be disposed by permitted methods after a
determination is made that the waste is defined by RCRA to be
hazardous. Due to the requirements for some hazardous assessments,
disposal and invoicing of incurred expenses may take place after
invoicing of the originally contracted work.
C. Equipment / Other Expenses
Truck and Field Test Equipment $20.00/hour
Digital Field Documentation Equipment
(cameras, water level & measuring tapes, GPS Separate Schedule
units, etc.)
Geophysical Equipment Separate Schedule
Separate Schedule Geo;echnical& F!.&ironmental Monitoring &
Sampling Equipment
Special equipment or supplies, permits,
shipping charges, special printing or other
items not customarily provided by MACTEC will
be charged at cost multiplied by 1.15
D. Communications
In-house costs for long-distance phone, telex, telecopier, postage -
project labor charges x 5%.
W. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.
MACTEC Engineer@ and Consulting, Inc.
I
I
I
I
I
I
I
I
1
I
I
I
I
I
I
I
I
I
MAR5
aRODUCER . . - - . -. .
MARSH USA INC.
1225 17TH STREET, SUITE 2100
DENVER. CO 80202-5534
59009-12345-PL-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
ZURICH AMERICAN INSURANCE COMPANY
NSURED
MACTEC ENGINEERING AND CONSULTING, INC.
1105 LAKEWOOD PARKWAY, SUITE 300
ALPHARElTA, GA 30004
PHONE: (770) 360-0600
COMPANY i B N/A
COMPANY 1 C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LIMITS POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDIYY) DATE (MMIDDIYY) co TYPE OF INSURANCE POLICY NUMBER LTR
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY GLO 225862808
CLAIMS MADE OCCUR
OWNERS & CONTRACTORS PROT ! 09/01 105
U I 1
AUTOMOBILE LIABILITY -
A x ANYAUTO BAP 225862908 (AOS) 09/01 105
A ALL OWNED AUTOS TAP 283353908 (lX) 09/01/05 -
SCHEDULED AUTOS - x HIREDAUTOS
NON-OWNEDAUTOS
2,000,000
09/01/06 PRODUCTS - COMPIOP AGG $ 2,000,000
PERSONAL & ADV INJURY $ 1,000,000
EACHOCCURRENCE $ 1,000,000
GENERAL AGGREGATE $
FIRE DAMAGE (Any one fire) $ 250,000
MED EXP (Any one person) $ 5,000
COMBINED SINGLE LIMIT $ 1,000,000
09/01/06
$
$
09/01/06 BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
c PROFESSIONAL LIABILITY 1952560 09/01 105 09/01/06 $1,000,000 EACH CLAIM
$1,000,000 AGGREGATE
I I I I I
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHlCLESlSPEClAL ITEMS
RE: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT.
RFQ #2006-004 - PROFESSIONAL CONSULTING SERVICES ON CONTINUING CONTRACT BASIS
CERTIFICATE HOLDER
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 2 DAYS WRITEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO MlLlGATlON OR
LIABILIN OF ANY KIND UPON THE INSURER AFFORMNG COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Dorothy A. Steens & &
EXHIBIT B
August 7, 2006
City of Palm Beach Gardens
City Clerk's Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Attn: Arthur DeRostaing
Purchasing Agent
Subject: PROFESSIONAL CONSULTING SERVICES
ON CONTINUING CONTRACT BASIS
RFQ# 2006-004
Construction Engineering Inspection = SurveyingIMapping Services
Environmental Assessments
Geotechnical Analysis
Dear Mr. DeRostaing:
As requested in your e-mail transmission dated August 3, 2006, below please find a
list of current MACTEC clients which are subject to the jurisdiction of the City.
= South Florida Water Management District
= Florida Department of Transportation
School District of Palm Beach County
Palm Beach County Engineering
Florida Power & Light
MACTEC does not foresee these existing clients will directly or indirectly conflict in
any manner with the performance of our services under this agreement. Should you
have any questions or need additional information please do not hesitate to contact
us.
MACTEC Engineering and Consulting, Inc.
Bruce S. Schmitt, CHMM
Principal Scientist
Office Manager
Richard A. Minichiello
Senior Vice President
Distributions: Addressee (1)
File (1)
MACTEC Engineering and Consulting, Inc.
2500 Metrocentre Blvd., Suite 8 West Palm Beach, FL 33407 . 561.242.7713 . 561.242.5591 Fax www.mactec.con
AGREEMENT FOR PROFESSIONAL SERVICES
day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Radise International, L. C. (hereinafter referred to as CONSULTANT), whose address is
41 52 West Blue Heron Boulevard, Suite 1 16, Riviera Beach, Florida 33404.
THIS AGREEMENT is made this
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional construction engineering inspection services on a non-
exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
2
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N IF I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 I N DE M N I F I CAT IO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 IN DE PEN DENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
3
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
4
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces’’ shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE I6 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
5
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVE RABl LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 1.9 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, rep resen ta t ions , negotiations, letters , or other corn mu n ica t ions between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
6
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH -I N -N E GOTI AT ION C E RT I F I C ATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
7
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Radise International, L. C.
41 52 West Blue Heron Blvd., Suite 116
Riviera Beach, Florida 33404
Attn: Kumar A. Allady, P.E., President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY'S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Kumar A. Allady, P.E., President
and Dave Schobelock, PMP, Vice President - Project Delivery.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
8
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
(The remainder of this page left intentionally blank)
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: -- Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
RADISE INTERNATIONAL. L. C.
By:
2. (CORPORATE SEAL)
’,
\\pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Radise.doc
10
EXHIBIT A
RADISE International -- Fee Schedule July 2006
Construction Engineering Inspection (CEI) Services
City of Palm Beach Gardens
Professional Rates:
Construction Manager / Inspection Services Manager
Lead Inspector Rep / Project Manager
Senior Inspector Rep / Chief Inspector
Staff Inspector Rep
Inspector
Principal Engineer
Lead Engineer / Project ,.,ldnager
Senior Engineer
Staff Engineer
Engineer
Senior Engineering Technician
Engineering Technician / Field Technician
Engineering Assistant / Draftsman
Administrative
Miscellaneous expense or outside professional services
Travel
- Unit
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
cost +15%
mile
Rate
$1 30.00
$1 15.00
$95.00
$85.00
$75.00
-
$1 30.00
$1 15.00
$95.00
$85.00
$75.00
$65.00
$55.00
$50.00
$50.00
$0.80
Notes:
An factor of 1.5 will be applied to the attached rates for work performed on weekends,
Holidays, or outside regular work hours (7:OOam - 5:OOpm)
5
f RADISE INTERNATIONAL -- FEE SCHEDULE
ENGINEERING AND TESTING SERVICES
$125.00 Mobilization for coring or ultrasonic testina
Technician time for coring $55.00
Diamond Bit usage charge for concrett $3.00
Trimming, measuring, capping, curing $35.00
Technician time for ultrasonic testing $65.00
Technician time for pachometer testing, Windsor probe testing or Swiss hammer $55.00 testing
Windsor Probe charges (set of 3) $30.00
Unit Cost Unit
mobilization
hour
in. of dia.
core
hour
hour
set
Part 1 MATERIALS TESTING SERVICES
A.
Y
3 coring
& testing of concrete cores
C.
D.
RADISE INTERNATIONAL -- FEE SCHEDULE
Asphalt Mix Designs (materials delivered to contractor's laboratory) $600.00
Extraction & Gradation $1 75.00
Marshal Stability & Flow $1 00.00
ENGINEERING AND TESTING SERVICES
design
sample
set of 3 pills
sample
Unit Cost Unit
E.
F.
* RADISE INTERNATIONAL -- FEE SCHEDULE
ENGINEERING AND TESTING SERVICES
Radon Tests cost + 15%
Certified Radon Technician cost + 15%
Cost + 15% Data Reduction
Hydrogeologist cost + 15%
OVA or TIP rental Cost + 15%
Data Logger Rental Cost + 15%
Centrifugal Pump Rental cost + 15%
Submersible Pump Rental Cost + 15%
Unit Cost Unit
canister
hour
hour
hour
day
day
day
day
For 2" shallow aquifer testing (30' deep or shallower) $275.00
Any larger or deeper wells Cost + 15%
Principle Engineer $125.00
test
test
hour
Sampling of Groundwater Monitoring Wells $65.00 hour
Part 2 SUBSURFACE EXPLORATIONS
A. MOBILIZATION
[Truck & Mud bug, Drill or Cone Sounding Rig & Crew
Industrial Non-Hazardous Waste
B.
cost + 15% 55 gal drum
RADISE INTERNATIONAL -- FEE SCHEDULE 6,
ENGINEERING AND TESTING SERVICES
Wash Borings $10.00
Unit Cost Unit
If
Auger Borings, 3 or 4 inch Flight Auger $10.00 If
Hand Auger Borings $10.00 If
Rock Coring (Nx) minimum 5' run $40.00 If
- Rock coring (Cinch) minimum 5' run $45.00 If
0 - 100-ft depth Cost + 15% If
0 - 1004 depth Cost + 15% I If I
Muck Probes, 2-man crew $1 10.00 hour
Mechanical Cone Soundings (Orange County)
Electrical Dutch Cone Soundings (Orange County)
0 - 100-ft depth cost + 15% If
Part 3 ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES
Piezocone Dissipation Monitoring (Orange County) cost + 15%
Unit prices quoted shall include technician time at the laboratoryloftke
Soil boringlDrilling price quoted shall include visual inspection
[TOTAL
If
0 - 25-ftdepth $20.00 If
Environmental (2-inch diameter)
for a given project
Locking Well Covers & Pads
15 %
Developing shallow wells with pumps (Zperson crew); plus pump charge
Well sampling
Decontamination - plus rental costs + 15% of rental costs
$35.00 If
$1 50.00 pad
$125.00 hour
$1 50.00 hour
$65.00 hour
cost + 15% hour
Field Permeability Tests - drilling not included $250.00
Exfiltration Tests (does not include backhoe) $300.00
Septic Tank Percolation Test $300.00
test
test
test
EXHIBIT B
Geotechnical and Software Consultants
August 4,2006
Mr. Arthur "Dino" DeRostaing
Purchasing Agent
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
RE: Article 30 CONFLICT OF INTEREST
Dear Dino:
In response to your email dated, August 3rd
Article 30 of the pending agreement. The
directly or indirectly conflict in any mann
Agreement.
the listing of all our current clients,
tion of these existing clients will n
performance of the Services un
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
URS Corporation
Florida Department of Transportation
Radiant Systems
Nu Info Systems
BE Aeorospace
Matrix Information Systems
Brown and Caldwell
PBS&J
HNTB
Jardon Jones and Goulding, Inc.
PARSONS
HDR
Nodarse & Associates, Inc.
PSI, Inc.
South Florida Water Management District.
School District of Palm Beach County
HR Engineering, Inc.
If you have any questions or concerns please feel free to contact us.
Sincerely,
Infrastructure Engineers * Software Developers
WISE International
President
Dave Schobelock, PMP
Vice President - Project Delivery
4152 \\'est Blue I-lcron Boulcvnd. Suilc? 116. Rivicn Dcncl~ rL3340-4 1'11. (561) R4l-0103 rnx (561) 841-0104 URL hltp.N www nitfisu.ncl
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
McMahon Associates, Inc., Transportation Engineers & Planners (hereinafter referred to as
CONSULTANT), whose address is 7741 North Military Trail, Suite #5, Palm Beach Gardens,
Florida 3341 0.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and the
CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055, Florida
Statutes, for professional transportation engineering services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide such
services.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
I ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on October 1,
2006, and ending on September 30, 2009, but may be terminated as provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in Request
for Qualifications #2006-004 and its response thereto, which time and expense rates are
attached hereto and incorporated herein as Exhibit A, and as may be specifically designated
and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall be
performed until a Work Authorization has been executed as provided below. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be approved by
the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications #2006-
004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated in Exhibit A,
attached hereto and incorporated herein, unless otherwise provided for in such Work
Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to do
business in Florida:
4.1
Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One Million
4.2 Workers’ Compensation Insurance in accordance with statutory requirements and
Employer‘s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for
each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less
than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be effective
until at least thirty (30) days’ written notice has been made to the CITY. The CONSULTANT
shall include the CITY as an additional insured on the general liability policy required by this
Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by the
CITY.
2 I
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional under
similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re-
perform Services which fail to satisfy the foregoing standard of care. The CONSULTANT
warrants that all Services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 I N DE M N I F I CAT IO N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of
the Services and in consideration of the promises included herein, the CITY and the
CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 I N DE M N I F I CAT IO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney’s fees and court costs, including appeals, for which the
CITY, its employees, and representatives can or may be held liable to the extent caused by
the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in performance of this Agreement.
j 6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to observe such
performance. The CONSULTANT shall work closely with the CITY in performing the
Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable regulatory
requirements and laws, including, but not limited to, all federal, state, special district, and
local laws, rules, regulations, orders, codes, criteria, standards, directives, and guidelines.
3
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as required
by this Agreement and it is necessary to replace the subconsultant to complete the work in a
timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new
subconsultant by the CITY.
I ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall
not be exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY’S Tax
Exemption Number in securing such materials.
I ARTICLE 11 AVAl LAB1 LlTY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES I
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty (30)
days’ written notice to the other party. Unless the CONSULTANT is in breach of this
Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by the CITY, the CONSULTANT shall:
A.
B.
Stop work on the date and to the extent specified.
Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
I
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of termination,
subject to the limitations of this Agreement.
4
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the nonperforming party could not
avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to,
fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and
govern men tal action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement
will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -D I SC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or
further breach. The making or acceptance of a payment by either party with knowledge of
the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
5
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement, and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this Article shall not prevent the entire
Agreement from being void should a provision, which is of the essence of the Agreement, be
determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the CITY and the
CONSULTANT pertaining to the Services, whether written or oral. None of the provisions,
terms, and conditions contained in this Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners, successors,
executors, administrators, assigns, and legal representatives. The CONSULTANT shall not
assign this Agreement without the express written approval of the CITY via executed
amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
6
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this ”Certificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for any
lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this Agreement.
The CITY shall have access to such books, records, and documents as required in this
Article for the purpose of inspection or audit during normal working business hours at the
CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
McMahon Associates, Inc.,
Transportation Eng. & Planners
7741 North Military Trail, Suite #5
Palm Beach Gardens, Florida 3341 0
Attn: R. Trent Ebersole, Sr. Project
Manager
Notices shall be effective when received at the addresses as specified above. Changes in
the respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is acceptable
notice effective when received; however, facsimile transmissions received (Le., printed) after
500 p.m. or on weekends or holidays will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
7
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S representative
during the term of this Agreement unless the Services are related to development review.
Services of the CONSULTANT related to development review shall be under the general
direction of the GROWTH MANAGEMENT ADMINISTRATOR or her designee, who shall act
as the CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (1 0) days of said changes. The
CITY has the right to reject proposed changes in key personnel. The following personnel
shall be considered key personnel: R. Trent Ebersole, P.E., Senior Project Manager.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data given to or prepared
or assembled by the CONSULTANT under this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior written approval of the CITY,
and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any actual
or potential conflict between existing clients and responsibilities under this Agreement shall
be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either directly or
indirectly conflict in any manner with the performance of the specific Work Authorization
issued under this Agreement. If any direct or indirect conflict is identified, the Work
Authorization shall be awarded to one of the other CONSULTANTS under a continuing
contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services for any
developer, property owner, or other entity (other than those identified on Exhibit B) who has
applied for or will be applying for a permit or other official sanction from the CITY without the
written consent of the CITY. The CONSULTANT shall promptly notify the CITY in writing of
all potential or actual conflicts of interest for any prospective business association, interest, or
other circumstance which may influence or appear to influence the CONSULTANT’S
judgment or quality of the Services. The notice shall identify the prospective business
association, interest, or circumstance and the nature of work that the CONSULTANT wants to
8
undertake and request the CITY'S response as to whether the association, interest, or
circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into
by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY,
the prospective business association, interest, or circumstance would not constitute a conflict
of interest by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to the
Services.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY -0
By: /Af& 4
tine P. Tatum, City Attorney
WITNESSES:
I 1
CONSULTANT
M cM AH 0 N AS SO C I AT E S , I N C . ,
TRANSPORTATION EN GIN EERS &
\\PbgsfileMttorney\attorney-shareMGREEMENTS\CCNA Agreement - McMahon.doc
9
EXHIBIT A
MCMAHON ASSOCIATES, INC. @-N L, ... I. STANDARD PROVISIONS FOR PROFESSIONAL SERVICES
JULY 1,2005
SERVICES
McMahon Associates, Inc. reserves the right to make adjustments for individuals within these classifications as maybe desirable in
its opinion by reason of promotion, demotion, or change in wage rates. Such adjustments will be limited to the manner in which charges are
computed and billed and will not, unless so stated in writing, affect other terms of an agreement, such as estimated total cost. The following
rates will apply to actual time devoted by McMahon Associates, Inc. staff to this project computed to the nearest one-half hour.
PERSONNEL
Principal Senior Associate
Associate
Senior Engineerfflanner VIIIAssociate Senior Engineerplanner VVAssociate Senior Engineerplanner VIAssociate
Senior Engineerplanner IVIAssociate Senior Engineerplanner I11 Senior Engineerfflanner I1 Senior EngineerIPlanner I
Chief of Surve s Traffic Controkonstruction Specialist Party Chief
Engineer VI
Engineer V
Engineer IV Engineer I11 Engineer I1 Engineer I
TechnicianIWord Processor IV
TechnicianNord Processor 111
TechnicianNord Processor I1 TechnicianNord Processor I Survey Technician Field Traffic Count Personnel
HOURLY RATES
$265.00 $235.00 $210.00
$190.00 $175.00 $150.00
$147.00 $138.00 $126.00 $120.00
$142.00 $126.00 $100.00
$1 15.00
$105.00
$100.00
$ 95.00
$ 90.00
$ 85.00
$ 80.00
$ 75.00
$ 70.00
$ 58.00
$ 58.00
$ 45.00
TERMS
1. Invoices - Invoices will be provided on a monthly basis and will be based upon percentage of completion or actual hours, plus expenses.
Payment is due to McMahon Associates, Inc. within 30 days of the invoice date. Unpaid balances beyond 30 days are subject to interest
at the rate of 1.5% per month. This is an annual percentage rate of 18%.
2. Confidentiality - Technical and pricing information in this proposal is the confidential and proprietary property of McMahon
Associates, Inc. and is not to be disclosed or made available to third parties without the written consent of McMahon Associates, Inc.
3. Commitments - Fee and schedule commitments will be subject to renegotiation for delays caused by the client’s failure to provide
specified facilities or information, or any other unpredictable occurrences.
4. Expenses - Automatic Traffic Recorder equipment usage will be billed at $20.00 per 24-hour count. Incidental expenses are
reimbursable at cost, plus an administration fee of 10%. These include subconsultants, reproduction, postage, graphics, reimbursement
of automobile usage at $.445 per mile, parking and tolls. Expenses which by company policy are not billed as reimbursable expenses to
clients and therefore, will not be billed as part of this contract include the following: air travel, rental car, lodging, meals, and long
distance phone charges between McMahon Associates offices. If it becomes necessary during the course of this project to travel
elsewhere, those travel costs will be treated as reimbursable expenses. These expenses will be reflected in the monthly invoices.
5. Attorney’s Fees - In connection with any litigation arising from the terms of this agreement, the prevailing party shall be entitled to all
costs including reasonable attorney’s fees at both the trial and appellate levels.
6. Ownership and Use ofDocuments - All original drawings and information are to remain the property of McMahon Associates Inc. The
client will be provided with copies of final drawings andor reports for information and reference purposes.
7. Insurance - McMahon Associates, Inc. will maintain at its own expense Workman’s Compensation Insurance, Comprehensive General
Liability Insurance and Professional Liability Insurance and, upon request, will furnish the client a certificate to verify same.
8. Termination - This agreement may be terminated by the authorized representative effective immediately on receipt of written notice.
Payment will be due for services rendered through the date written notice is received.
9. Binding Status - The client and McMahon Associates, Inc. bind themselves, their partners, successors, assigns, heirs, andor legal
representatives to the other part to this Agreement, and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants o!this Contract.
I F:WL\General Office DocumentsWcM Templates 2002\StandardProv2006\Stndpd150 July 2006 - PBG.doc
7741 North Military Trail, Suite 5, Palm Beach Gardens, FL 33410 561.840.8650 fax 561.840.8590 e-mail: john.deoalma@mcmtrans.com
Serving the Mid-Atlantic, Florida and New England Regions
EXHIBIT B
F:\FL\06344M\06344M_OP\Admin\ Conflict of INterest 080706.doc
ARTICLE 30
CONFLICT OF INTEREST
EXHIBIT B
Listed below is one client that McMahon Associates, Inc., through LBFH, states that representation of
this existing client will not directly or indirectly conflict in any manner with the performance of the
services under this Agreement.
LBFH/City of Palm Beach Gardens General Services
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Elements, LLC (hereinafter referred to as CONSULTANT), whose address is 1699 Coral
Way, Suite 503, Miami, Florida 33145-2860.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and the
CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055, Florida
Statutes, for professional architectural design services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide such
services.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on October 1 I
2006, and ending on September 30, 2009, but may be terminated as provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in Request
for Qualifications #2006-004 and its response thereto, which time and expense rates are
attached hereto and incorporated herein as Exhibit A, and as may be specifically designated
and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall be
performed until a Work Authorization has been executed as provided below. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be approved by
the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications #2006-
004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated in Exhibit A,
attached hereto and incorporated herein, unless otherwise provided for in such Work
Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to do
business in Florida:
4.1
Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One Million
4.2 Workers’ Compensation Insurance in accordance with statutory requirements and
Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for
each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less
than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be effective
until at least thirty (30) days’ written notice has been made to the CITY. The CONSULTANT
shall include the CITY as an additional insured on the general liability policy required by this
Agreement .
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by the
CITY.
2
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional under
similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re-
perform Services which fail to satisfy the foregoing standard of care. The CONSULTANT
warrants that all Services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of
the Services and in consideration of the promises included herein, the CITY and the
I N D E M N I F I CAT1 0 N
I CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 IN DE M N I F I CAT10 N 1
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney’s fees and court costs, including appeals, for which the
CITY, its employees, and representatives can or may be held liable to the extent caused by
the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to observe such
performance. The CONSULTANT shall work closely with the CITY in performing the
Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS I
In performance of the Services, the CONSULTANT will comply with applicable regulatory
requirements and laws, including, but not limited to, all federal, state, special district, and
local laws, rules, regulations, orders, codes, criteria, standards, directives, and guidelines.
3
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as required
by this Agreement and it is necessary to replace the subconsultant to complete the work in a
timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new
subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall
not be exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY’S Tax
Exemption Number in securing such materials.
ARTICLE 11 AVAl LABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty (30)
days’ written notice to the other party. Unless the CONSULTANT is in breach of this
Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of termination,
subject to the limitations of this Agreement.
4
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the nonperforming party could not
avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to,
fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement
will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -D I SC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or
further breach. The making or acceptance of a payment by either party with knowledge of
the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
5
ARTICLE 18 S EVE RAB I LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement, and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this Article shall not prevent the entire
Agreement from being void should a provision, which is of the essence of the Agreement, be
determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the CITY and the
CONSULTANT pertaining to the Services, whether written or oral. None of the provisions,
terms, and conditions contained in this Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 20 M 0 D I F I CAT IO N
This Agreement may be modified only by a written amendment executed by both parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners, successors,
executors, administrators, assigns, and legal representatives. The CONSULTANT shall not
assign this Agreement without the express written approval of the CITY via executed
amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
6
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this iiCertificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for any
lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this Agreement.
The CITY shall have access to such books, records, and documents as required in this
Article for the purpose of inspection or audit during normal working business hours at the
CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Elements, LLC
1699 Coral Way, Suite 503
Miami, Florida 33145-2860
Attn: Nicholas V. Puglisi, Vice President
Notices shall be effective when received at the addresses as specified above. Changes in
the respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is acceptable
notice effective when received; however, facsimile transmissions received (i.e., printed) after
5:OO p.m. or on weekends or holidays will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
7
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S representative
during the term of this Agreement unless the Services are related to development review.
Services of the CONSULTANT related to development review shall be under the general
direction of the GROWTH MANAGEMENT ADMINISTRATOR or her designee, who shall act
as the CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (IO) days of said changes. The
CITY has the right to reject proposed changes in key personnel. The following personnel
shall be considered key personnel: Nicholas V. Puglisi, A.I.A., Vice President.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data give to or prepared
or assembled by the CONSULTANT under this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior written approval of the CITY,
and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any actual
or potential conflict between existing clients and responsibilities under this Agreement shall
be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either directly or
indirectly conflict in any manner with the performance of the specific Work Authorization
issued under this Agreement. If any direct or indirect conflict is identified, the Work
Authorization shall be awarded to one of the other CONSULTANTS under a continuing
contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services for any
developer, property owner, or other entity (other than those identified on Exhibit B) who has
applied for or will be applying for a permit or other official sanction from the CITY without the
written consent of the CITY. The CONSULTANT shall promptly notify the CITY in writing of
all potential or actual conflicts of interest for any prospective business association, interest, or
other circumstance which may influence or appear to influence the CONSULTANT’S
judgment or quality of the Services. The notice shall identify the prospective business
association, interest, or circumstance and the nature of work that the CONSULTANT wants to
undertake and request the CITY’S response as to whether the association, interest, or
circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into
by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within
8
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY,
the prospective business association, interest, or circumstance would not constitute a conflict
of interest by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to the
Services.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
I Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
I WITNESSES: CONSULTANT
ELEMENTS, LLC
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Elementsdoc
9
(CORPORATE SEAL)
EXHIBIT A
E 1 E I1 E N T S
CITY OF PALM BEACH GARDENS
2006 FEE SCHEDULE
ARCHITECTS INTERIOR DESIGNERS
Hourly Fee Schedule Rate
Princiclal - Architect $1 55.00
Principal - Interior Designer $1 40.00 Project Architect $1 20.00
Senior Interior Designer $1 20.00
Interioi: Designer $1 10.00
Senior CADD Operator $ 90.00
Proiect Manager $1 05.00
Architect u ra I Desig ner $ 95.00
CADD Operator $ 70.00
Interior Design Assistant $ 70.00
Ad m in ist rativeloffice $ 50.00
Reimbursable Expenses
Specialty Enqineering
Document reproductions, shipping charges
report reproductions & binding
Expended materials for field or office use, fees - advanced on clients’ behalf, equipment rental
Airfare, auto rental, parking , tolls, incidental
expenses incurred during travel
Use of personal automobiles, per mile:
/Periodically adiusted to IRS guidelines) $ 0.445 +15%
Photocopying per sheet, in house $ 0.15
At Cost Plus 15%
At Cost Plus 15%
At Cost Plus 15%
At Cost Plus 15%
07/14/06
STAE I I< CIN\I AA (Xlil~ 41
-
600 SOUTH MAGNOLIA AVENUE, SUITE 150, TAMPA, FLORIDA 33606 TEL 813 251 0565 FAX 813 251 056
EXHIBIT B
ELEMENTS
ARCHITECTS I INTERIOR DESIGNERS
EXHIBIT B - LIST OF CURRENT CLIENTS
COLDWELL BANKER
WACHOVIA BANK
IDEAL IMAGE
~ ~
600 SOUTH MAGNQLIA AVI-NUE, SUI I L 150, TAMW Fi.Orilf
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ,2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
L D Astorino Architects, Inc. (hereinafter referred to as CONSULTANT), whose address
is 11 770 CIS Highway One, Suite 205, Palm Beach Gardens, Florida 33408.
WHIEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional architectural design services on a non-exclusive basis;
and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 11, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved 15y the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
I ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do businelss in Florida:
4.1 Gelneral Liability Insurance with each occurrence limits of not less than One
I Million Dollars ($1,000,000) insurance.
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Emplioyer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CON!SULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 I N DE M N IF I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performarice of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 INDEMNIFICATION
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct (of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In perforrnance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, arid local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
AVAl LAB I LlTY 0 F FUNDS I
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONS U L’TANT.
I
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a patty of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement.
necessary to enforce this Agreement will be held in Palm
Agreement will be interpreted according to the laws of Florida.
Any and all legal action
Beach County, and the
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party's rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowlledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY' and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 MOD I FI CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingenl: upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said irates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this iiCertificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and 2111 documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
105100 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
L D Astorino Architects, Inc.
11770 US Highway One, Suite 205
Palm Beach Gardens, Florida 33408
Attn: J.G. Centanni, Jr., Principal-in-
Charge
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next busiriess day. The original of the notice must additionally be mailed as required
herein.
l
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
I ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term clf this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following ipersonnel shall be considered key personnel: J.G. Centanni, Jr., Principal-in-
Charge.
I
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared 'or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval c4 the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CON!SULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdictiori of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreemertt shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT'S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuinsi contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT'S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY'S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, coristitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, cir circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SIJ FFl Cl ENCY
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
L TORINO ARCHITECTS, INC.
1. 4 . B
n
(CORPORATE SEAL)
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Astorino.doc
10
EXHIBIT A
ARCHITECTURE
ENGINEERING
INTERIOR DESIGN
D E S I G N/B U I1 D
Astoririo Hourly Rate Schedule
mArchitects/ndscape / Commercial Interiors
Secretarial
CADD Operator /Tech Level I
Architecturril Interns (Prof) /Job Captains / Project Designers
Graduate Axhitect / Tech Level I1
Registered Professional / Graphic Designer / Construction Administrators /
Estimator
Delineator
Project Mar agers
Principal
Vice President / Principal
Senior Vice President / Principal
President / Chairman /Senior Principal
Secretarial
CADD Opcrator
Designer
Senior Desi,per
Engineer in Training
Constructicn Administrator
Professional Engineer
Senior Profa-ssional Engineer / Telecom Specialist
Department Head
Vice President / Principal
Senior Vice President / Principal
President / Senior Principal
Business Manager
Residentia‘, Project Designer
Residential Project Manager
Vice Presiclent / Principal (Operations)
Vice President / Principal (Design)
Rate
$ 75.00
$ 75.00
$ 85.00
$ 100.00
$ 130.00
$ 125.00
$ 145.00
$ 175.00
$ 185.00
$ 250.00
$ 275.00
$ 75.00
$ 75.00
$ 80.00
$ 110.00
$ 100.00
$ 100.00
$ 110.00
$ 125.00
$ 170.00
$ 175.00
$ 275.00
$ 190.00
$ 65.00
$ 85.00
$ 110.00
$ 190.00
$ 215.00
For additiov:al services dcsignatcd principal’s ratc, cmploycc’s timc, multiple or ratc shall bc afincd hourly amount in accordancc with thc
thcn currcn:: standard hourly rate schedule in cffcct.
Golden Bear Plaza
11770 US Highway One Suite 205
Palm Beach Gardens Florida 33408
PllTSBUtGH PALM BEACH GARDENS NAPLES
T E L 5616260101 F A X 5616260505 AA26000853
W W W astorino.com 25917
11126000667
EXHIBIT B
ARCHITECTURE
NO ENGINEERING
INTfRtQR DE5IGN
k3 ES I G N/6 U IC 0
August 24,2006
Mr. Dina DeRostaing
ch Gardens
RE: List of All Current Clients per Article 30 - Chnflict of Interest
Continuing Architectural Services
Dear MI. IlleRostaing:
Per you repst, following please find the list of all of our current clients:
m
8
n
m
m
a
9
a
m
I
m
m
m
a
a
s
1
The Town of Palm Beach
Pnlrn Beach County Capital Projects
ant Innovstims, Inc. -
ch -Palm Beach Gn
Tiam Condominium -Singer Island
can Lung Association - Wcst
Qurmtum Foundation - West Palm
The Boys Farmers Market - Delray Bench
Landinark Self Storage - Aventura
Uno Chicago Grill (Swigonski Management Group, Inc.) - Wellington
6z MKS. Richard Ekstract Residence - West Palm Beach
v, SZ Mrs. Williani O’Hagan Residence- Jupiter
hir; Pope Residence - Delray Beach
Mnc. ES Mrs. David Miller -Palm Bench
Ma. Dorothy Deviney - West Palm Beach
Loxahatcliee Club Realty, Inc.
Irene Sninple Residence - Pa11
6z Mrs* Neuoff Residence -Pa
The Townhonies Q The
MI. 6r Mrs. James Paxton - Juno Beach
ge (AMG Enterprises) - Juno Beach
&*1bOOO855
106000661
lSP17
Aiticle30- Conflict dlnrerwt
Aupt 14,ZCOC
Page 2
is letter, Astorinu canfirms that the
y conflict in any manner with the
enration of these existing clients will not eitlier directly or
am of the Servicea under our Agreement wit11 the city of
hot hesitate to contact me if yoxi have any questions. I am reachable immediately at my office st (561)
626-510’1 or on my cell phone (561) 704-247 1.
*
]nines G. Centnnni, Jr., AIA
htill0
Principal-in-Charge
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between 1:he City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Saltz Michelson Architects, Inc. (hereinafter referred to as CONSULTANT), whose
address is 1800 Australian Avenue South, Suite #102, West Palm Beach, Florida ~
33409-6450.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055,
Florida Statutes, for professional architectural design services on a non-exclusive basis;
and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 'I, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be perforrned until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
~
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CON!WLTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days' written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performarice of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 I N DE M N I FI CATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performarice of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 INC)EMNIFICATION
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its emplclyees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct #of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, arid local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term iiUncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreemerit and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreemerit will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -DISC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver tly either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreemen,t between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, rep resen tat ions, negotiations, letters, or other com mu n icat ions between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONiSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
1 OEIOO N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Saltz Michelson Architects, Inc.
1800 Australian Ave. South, Suite 102
West Palm Beach, Florida 33409-6450
Attn: Charles A. Michelson, President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next busirtess day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following Ipersonnel shall be considered key personnel: Charles A. Michelson, President
and Arthur W. Dearborn, Vice President.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreemerit shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT'S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuinsi contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business 'association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT'S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY'S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, coristitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notificatioii by the CONSULTANT. If, in the opinion of the CITY, the prospective
business .association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SlJFFlClENCY
Christine P. Tatum, City Attorney
WITNESSES:
c n
CONSULTANT
SALTZ MICHELSON ARCHITECTS,
INC.
(CORPORATE SEAL)
EXHIBIT A
City of Palm Beach Gardens
RFQ for Professional Consulting Services on Continuing Contract Basis
RF'Q #2006-004
Hourly Billing Rate Schedule
Principal
Senior Project Manager I1
Senior Project Manager I
Project Manager
Project Architect I1
Project Architect I
CAD Draftsperson
Designer
Contract Administrator
Administrative Assistant
$200.00
$150.00
$ 120.00
$115.00
$100.00
$ 90.00
$ 80.00
$120.00
$120.00
$ 65.00
3501 GRIFFIN ROAD, FORT IAUDERDALE, FL 3331 2-5444
(954) 266-2700 FAX: (954) 266-2701
www.saltzmichelson.com e-mail: sma@saltzmichelson.com
M-0002897
EXHIBIT B
August 3,2006
Mr. Arthur "Dino" D'sRostaing, CPPB
Purchasing Agent
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
RE: Current Clients
Dear Mr. DeRostairig:
Per your email of today titled, "Pending Contract w/Palm Beach Gardens FW: Please Reply ASAP / Via E-mail Attachment
Preferred", please find below a list of all current clients.
15500 Pines Blvd. Corp., A Florida Corp.
1990 Associates, A Florida General Partnership
Active Day, Inc.
All Women's Healthtare of South Broward
All Women's Healthtare of Weston & Pines
Alliance Development Company
America's Capital Partners, LLC
ANF Group, Inc
Archon Group
Arena Shops, LLC
Awesome Construction, Inc.
&or Advisory Services, Inc
Banks I deOlazarra Properties Group, Inc
Broward County Board of County Commissioners
Bovis Lend Lease
Brenner Real Estate Group
Broward Center for the Performing Arts
Broward Community College
Broward Internationsl Commerce Park, LTD
Calvin, Glordano & Pssociates
Cedarwood Development, Inc.
Charter Schools USA
Citicorp North Amerila, Inc
City of Hollywood
City of Lauderdale Lakes
City of Miramar
CJB Real Estate Management, L.P.
Cohen Brothers Realty Corporation
ComrnlSite Technologies Group, Inc.
Commercial Properties Development Corp.
Continental Real Estate Companies
Dr. Alan Mendelsohn
Dr. Dennis A. Cortes, M.D.
Dr. Herbert Shick
Dr. Robert Klein
F.H Paschen & Associates
F P Din0 & Associates International
Faison
Family Dollar Stores, Inc.
Forty One Associates LLC
Fraga Properties
G.L. Homes
Health insurance Plan Administrators
HE1 Hospitality
Heritage Property Investment Trust, Inc
HI Lift, LLC
Hobby Lobby
Housing Authority of Fort Lauderdale
Jim Hartley Construction
KWlLantana Realty, LLC
LA Fitness International, LLC
Lake Trinity Estates
Very truly yours,
Principal
CAM:ms
Menin Development Companies, Inc.
Morgan Stanley & Co. Incorporated
MPSI, LLC
NASFM
Nationwide Theatres West Flagler, LLC
Padula & Wadsworth Construction, Inc.
Phoenix Medical Construction
RAM Development Company
Rosen Associates Development
Ross Realty Investments
RReef Management
School Board of Broward County, Florida
Sound Medical Solutions
South Broward Hospital District
Southern Centers Development CMp.
Talisman Companies
Taubco Development Company
Taylor & Mathis
Total Orthopedic Care
Town of Davie
Transcapital Bank
Urban America, L.P
Vertical Yacht Club Development, LLC
Wachovia Corporation
YMCA of Broward County
1800 AUSTRALIAN AVENUE SOUTH, SUITE 102
WEST PALM BEACH, FL 33409-6450
(561) 689.1870 FAX: (561) 689-0129
www soltzrnichelson.com e-mail: sma@saltzrnichelson.corn
U-ooO1697
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ,2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
The Tamara Peacock Company (hereinafter referred to as CONSULTANT), whose
address is 100 S.E. 3rd Avenue, Suite #I 32, Fort Lauderdale, Florida 33494.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055,
Florida Statutes, for professional architectural design services on a non-exclusive basis;
and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
2
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 I N D EM N I F I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN D E M N I FlCATlO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
3
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB I LlTY 0 F FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
4
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -D I SC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
5
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
6
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
7
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
The Tamara Company
100 S.E. 3rd Avenue
Fort Lauderdale, Florida 33394
Attn: Tamara Peacock, President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (10) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Tamara Peacock, President /
Principal in Charge and Dory Khater, Associate in Charge.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
8
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
(The remainder of this page left intentionally blank)
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, ‘City Attorney
1 WITNESSES: CONSULTANT
THE TAMARA PEACOCK COMPANY
(CORPORATE SEAL)
EXHIBIT A
The Tamara Peacock Company
&&&&
SERVICE PROVIDED
Principal
Principal Associate
Senior Project Manager
Project Manager
Intern Architect
Fina ncia I Analyst/ Grant Writer
Business Development Specialist
Bookkeeper
Administrative Assistant
Marketing Coordinator
HOURLY RATE
$225.00
$150.00
$110.00
$90.00
$65.00
$125.00
$75.00
$65.00
$65.00
$65.00
100 S.E. 3rd Avenue Suite 132 Fort Lauderdale, Florida 33394
phone: 954.728.8000 fax: 954.728.9225 9 architects @tamarapeacock.com lic.: AA 0002526
The Tamara Peacock Company
DE SC RI PTIO N
8 Wf x llff Facsimiles
8 x llff Copies
8 1/2" x llff Color Copies
8 1/2" x 14" Copies
Reproductions
11"x 17" Blackline Print
24"x 36" Sepia
24"x 36" Mylar
24"x 36" Blackline Print
Color Prints Unmounted
8 1/2n x 11 ''
8 1/2'f x 14ff
llff x 17ff
18" x 24"
24" X 36"
Mounted Boards
llff x 17ff Color Boards
llff x 17ff Glossy Color Boards
24" x 36" Color Boards
24" x 36" Glossy Color Boards
30" x 40" Color Boards
30" x 40" Glossy Color Boards
40" x 60" Color Boards
40" x 60" Glossy Color Boards
AMOUNT
$ 2.00 ea.
$ .10 ea.
$ 2.00 ea.
$ .15 ea.
$ 2.00 ea.
$ 8.00 ea.
$ 15.00 ea.
$ 3.00 ea.
Color
$ 2.00 ea.
$ 4.00 ea.
$ 4.00 ea.
$ 5.00 ea.
$ 5.00 ea.
Color
$ 20.00 ea.
$ 25.00 ea.
$40.00 ea.
$ 50.00 ea.
$40.00 ea.
$ 50.00 ea.
$ 50.00 ea.
$ 60.00 ea.
Glossy Color
$ 5.00 ea.
$ 10.00 ea.
$ 10.00 ea.
$ 15.00 ea.
$ 15.00 ea.
Black & White
$ 15.00 ea.
$ 20.00 ea.
$ 30.00 ea.
$ 35.00 ea.
$ 30.00 ea.
$ 35.00 ea.
$ 35.00 ea.
$ 45.00 ea.
I00 S.E. 3ra Avenue Suite 132 Fort Lauderdale, Florida 33394
Phone: 954.728.8000 fax: 954.728.9225 architects @tamarapeacock.com lic.: AA 0002526
EXHIBIT B
THE TAMARA PEACOCI< COMPANY
&&d&
August 16,2006
Mr . Din0 DeRostaing
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
In response to Article 30 below is a list of current clients for The Tamara Peacock
Company. The consultant represents that it has provided a list of all current clients, which
is attached hereto and incorporated herein by reference as Exhibit B, which are either
subject to the jurisdiction of the City or have an ongoing contractual relationship it the
CITY. The CONSULTANT represents that the representation of these existing clients
will not either directly or indirectly conflict in any manner with the performance of the
SERVICES under this Agreement. Any actual or potential conflict between existing
clients and responsibilities under this Agreement shall be immediately brought to the
attention of the CITY.
Exhibit B
Public Clients
1. Client Name: City of Coral Springs
Contact: Angela Salamone Purchasing Director
9551 West Sample Road, Coral Springs, F1.33065 954.344.1000
2. Client Name: City of Dania Beach
0
0
Contact: Mr. Larry Leeds, Director of Community Development
lOOW Dania Beach Blvd. Dania Beach, F133004 954.924.3601
3. Client Name: Town of Davie
Contact: Herb Hymn Director of Purchasing
6591 Orange Drive, Davie, F133314 954.797.1016
4. Client Name: City of North Miami
Contact: Kevin Burns City Manager
776 N.E. 125 St North Miami,Fla.33161 305.893.651 1
5. Client Name: City of Miramar
Contact: William Estabrook City Manager
THE TAMARA PEACOCI< COMPANY at&&& __
0 6700 Miramar Parkway Miramar,Fla.33023 954.967.1 555
6. Client Name: City of Hollywood
0
0
Contact: Arline Hampton Business Enterprise Coordinator ,
2600 Hollywood Boulevard, Hollywood, F1 33022 954.921.3016
7. Client Name: North Broward Hospital District
Contact: Joseph Vota
303 S.E. 17‘h St. Fort Lauderdale, F133316 954.355.5771
8. Client Name: Broward County Mass Transit
Contact: Sylvia M.Smith Community Services Department Mass Transit Division
3201 W Copan’s Road Pompano Beach F1.33069 954.357.8369
9. Client Name Broward: County School Board
Contact: Robert 1. Goode Executive Director Of Compliance Contracts Facilities
and Construction Management Divisions.
600 SE Third Ave, Fort Lauderdale, F1. 33301 954.321 .OOO 0
10. Client Name: Florida Department of Management Services
0 Contact: Larry R. Coleman Contracts Administrator Division of Facilities
Management and Building Construction 4030 Esplanade Way Suite 360
Tallahassee, F1 32399 850.488.2786
Private Clients
11. Client Name: Mike Epstein
0
0 Village at Marina Mile
Ramada Inn Inc. 2275 State Road 84,Fort Lauderdale, F1. 33312 1-(954)-895-
1855
12. Client Name: Frederick Bernstein
0
0 Island Village Hotel
P.O. Box 627 Stuart, F1. 34995 1-(627)-772-781-6254
13. Client Name: Tony Cabrera
0 Trivium Business Office Park
Epoch Corporation 782 NW 42 Ave Suite#555 Miami, F1. 33126 1-(305)-445-
2800
THE TAMARA PEACOCI< COMPANY at&&*
Sincerely,
Lpcw
Tamara Peacock
President/ Principal in Charge
The Tamara Peacock Company Architects
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ,2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
The RMPK Group, Inc. (hereinafter referred to as CONSULTANT), whose address is
12008 South Shore Boulevard, Suite #207, Wellington, Florida 33414.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional landscape architect services on a non-exclusive basis;
and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform the Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N I F I CAT10 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN DE M N IF I CAT1 0 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB1 LlTY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -D I S C RI M I N AT I 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
The RMPK Group, Inc.
12008 South Shore Blvd., Suite #207
Wellington, Florida 33414
Attn: Russell Moore, President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 5:OO p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
I
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Russell Moore, President and
Richard E. Durr, Jr., ASLA, AICP, Principal.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
I ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
I
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Cxstine P. Tatum, City Attorney -
WITNESSES: CONSULTANT
THE RMPK GROUP, INC.
(CORPORATE SEAL)
\\pbgsfileWttorney\attorney-shareWGREEMENTS\CCNA Agreement - RMPK.doc
10
I -
EXHIBIT A
LL L
Hourly Rate Schedule
Effective February 1,2006
Principal
Project Manager
Planner
Landscape Architect
CAD Tech
Graphic Artist
Administrative Services
$225
$150
$95
$95
$65
$65
$65
I 1
EXHIBIT B
I
- Bonita Springs
Punta Gorda
THE RMPK GROUP
August 10,2006
Exhibit B: List of Current Clients
I New Port Richey
rBoynton Beach I
I Tampa I
marpon Springs I
Essimmee
Belle Glade
Lakeland
Safety Harbor
Delray Beach
Hypoluxo
Liberty Park
South FL Water Management District
Lantana
Royal Palm Beach
Lakeland
Flagler Beach
Manatee Community College
Belle Glade
Brooksville
Tamarac I
Fort Pierce
Collier County
Daytona Beach Shores
New Port Richey
Hollywood
Titusvde
Wilton Manors
City of North Miami
Sarasota * Cocoa Beach - Wellington - -
12008 South Shore Boulevard, Suite 207 - Wellington, Florida 3341 1 . (561) 383-5400 (561) 383-5444 fax
Trenton
St John's Country
Stuart
Hlllsborough County
FDOT
Florida Parks
Broward County 1 West Palm Beach
Cape Coral
Daytona Beach
IBIS
Osceola County
Martin County
Groveland
Palm Beach Gardens
Sarasota County
Mt. Dora
Kev West
St. Petersburg
Mtami Beach
Pensacola
The RMI'K Group, Inc. Page 2 of 2
AGREEMENT FOR PROFESSIONAL SERVICES
day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Ardaman & Associates, Inc. (hereinafter referred to as CONSULTANT), whose address is
200 North Florida Mango Road, Suite 101 , West Palm Beach, Florida 33409.
THIS AGREEMENT is made this
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and the
CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055, Florida
Statutes, for professional environmental assessment and geo-technical services on a non-
exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide such
services.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on October 1,
2006, and ending on September 30, 2009, but may be terminated as provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in Request
for Qualifications #2006-004 and its response thereto, which time and expense rates are
attached hereto and incorporated herein as Exhibit A, and as may be specifically designated
and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall be
performed until a Work Authorization has been executed as provided below. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be approved by
the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications #2006-
004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated in Exhibit A,
attached hereto and incorporated herein, unless otherwise provided for in such Work
Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to do
business in Florida:
4.1
Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One Million
4.2 Workers’ Compensation Insurance in accordance with statutory requirements and
Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for
each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less
than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be effective
until at least thirty (30) days written notice has been made to the CITY. The CONSULTANT
shall include the CITY as an additional insured on the general liability policy required by this
Agree men t .
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by the
CITY.
2
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional under
similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re-
perform Services which fail to satisfy the foregoing standard of care. The CONSULTANT
warrants that all Services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 I N DE M N I F I CAT10 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of
the Services and in consideration of the promises included herein, the CITY and the
CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 I N DE M N IF I CAT ION
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its
employees, and representatives from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney’s fees and court costs, including appeals, for which the
CITY, its employees, and representatives can or may be held liable to the extent caused by
the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT and other
persons employed or utilized by the CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to observe such
performance. The CONSULTANT shall work closely with the CITY in performing the
Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable regulatory
requirements and laws, including, but not limited to, all federal, state, special district, and
local laws, rules, regulations, orders, codes, criteria, standards, directives, and guidelines.
3
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as required
by this Agreement and it is necessary to replace the subconsultant to complete the work in a
timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new
subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall
not be exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY’S Tax
Exemption Number in securing such materials.
ARTICLE 11 AVAl LABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty (30)
days’ written notice to the other party. Unless the CONSULTANT is in breach of this
Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of termination,
subject to the limitations of this Agreement.
4
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the nonperforming party could not
avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to,
fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and
govern menta I action .
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement
will be interpreted according to the laws of Florida.
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or
further breach. The making or acceptance of a payment by either party with knowledge of
the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
5
ARTICLE 18 SEVE RAW LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement, and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this Article shall not prevent the entire
Agreement from being void should a provision, which is of the essence of the Agreement, be
determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the CITY and the
CONSULTANT pertaining to the Services, whether written or oral. None of the provisions,
terms, and conditions contained in this Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
I ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners, successors,
executors, administrators, assigns, and legal representatives. The CONSULTANT shall not
assign this Agreement without the express written approval of the CITY via executed
amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
6
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for any
lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this Agreement.
The CITY shall have access to such books, records, and documents as required in this
Article for the purpose of inspection or audit during normal working business hours at the
CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
Ardaman & Associates, Inc.
2200 N. Florida Mango Rd, Suite 101
West Palm Beach, Florida 33409
Attn: Roberto E. Balbis, Principal
Engineer
Notices shall be effective when received at the addresses as specified above. Changes in
the respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is acceptable
notice effective when received; however, facsimile transmissions received (i.e., printed) after
500 p.m. or on weekends or holidays will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
7
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S representative
during the term of this Agreement unless the Services are related to development review.
Services of the CONSULTANT related to development review shall be under the general
direction of the GROWTH MANAGEMENT ADMINISTRATOR or her designee, who shall act
as the CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (IO) days of said changes. The
CITY has the right to reject proposed changes in key personnel. The following personnel
shall be considered key personnel: Roberto Balbis, Principal Engineer.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to or prepared
or assembled by the CONSULTANT under this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior written approval of the CITY,
and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any actual
or potential conflict between existing clients and responsibilities under this Agreement shall
be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either directly or
indirectly conflict in any manner with the performance of the specific Work Authorization
issued under this Agreement. If any direct or indirect conflict is identified, the Work
Authorization shall be awarded to one of the other CONSULTANTS under a continuing
contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services for any
developer, property owner, or other entity (other than those identified on Exhibit 6) who has
applied for or will be applying for a permit or other official sanction from the CITY without the
written consent of the CITY. The CONSULTANT shall promptly notify the CITY in writing of
all potential or actual conflicts of interest for any prospective business association, interest, or
other circumstance which may influence or appear to influence the CONSULTANT’S
judgment or quality of the Services. The notice shall identify the prospective business
association, interest, or circumstance and the nature of work that the CONSULTANT wants to
undertake and request the CITY’S response as to whether the association, interest, or
circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into
by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within
8
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY,
the prospective business association, interest, or circumstance would not constitute a conflict
of interest by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to the
Services.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY / BY (&!&-&&&///&
Christine P. Tatum, City Attorney
WITNESSES:
1.
CONSULTANT
ARDW & ASSOCIATES, INC.
~ (CORPORATE SEAL) 5-
\\PbgsfiIe\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Ardaman & Assoc.doc
9
EXHIBIT A
.* QUALIFIED VENDORS LIST FOR SOLICITATION N 0. M-5-02-?2f-A3
ENVIRONMENTAL CONSULTANT SERVICES
JOB TITLE
LABOR RATES
HOURLY SALARY
RATE MAXIMUM
TECHNICIAN II
TECHNICIAN I
ASBESTOS CONSULTANT
ASBESTOS INSPECTOR
CERTIFIED WATER WALL CONTRACTOR
CERTIFIED POLLUTANT STORAGE SYS. COL.
REGISTERED PRECISION TANK TESTER
CERTl F1 ED IN DUSTR tAL HY G I EN1 ST
LAB TECHNICIAN
STAFF ACCOUNTANT
RADON MEASUREMENT SPECIALIST
RADON MITIGATION SPECIALIST
RADIATION MEASUREMENT SPECIALIST
FUEL SYSTEMS SPECIALIST
DRILLER
ASSISTANT DRILLER
LABORER
HYDRAULIC LIFT SPECIALIST
DRAFT PERSON/DESIGNER
CAD OPERATOR
CLERICAUADMINISTRATION
TRUCK DRIVER
EQUIPMENT OPERATOR
$57.23
$52.35
$88.51
$67.45
$80.14
$88.93
$99.77
$104.73
$56.66
$57.79
$84.10
$80.53
$76.92
$82.81
$70.47
$51.17
$39.46
$63.59
$61.68
$55.67
$41.13
$40.99
$49.67
AGREED:
NAME OF VENDOR
SI G N ATU RE
! ’ QUALIFIED VENDORS LIST FOR
ENVIRONMENTAL CONSULTANT SERVICES
SOLICIT AT1 0 N NO. M-5-02-127-A3 h-
C0hd
LABOR RATES
JOB TITLE
sckpdr HOURLY SALARY
RATE MAXIMUM
PRINCIPAL
ASSOCIATE
PROJECT MANAGER:
ENVIRONMENTAL MITIGATION
FUEL SY STEMSlFACl LIT1 ES
TECHNICAL TRAININGIREGS.
FlNANClAUPRlVATlZATlON .
PUBLIC INFORMATION
SENIOR SCIENTIST
SCIENTIST Ill
SCIENTIST II
SCIENTIST I
HY DROLOG I ST
G EO LOG I ST
SENIOR ENGINEER
ENGINEER 111
ENGINEER II
ENGINEER 1
SURVEYORS
SURVEY PARTY
TECHNICIAN 111
AGREED:
NAME OF VENDOR
SIGNATURE
$1 39.71
$1 13.39
$100.80
$1 01.44
$1 02.55
$111.07
$102.73
$95.60
$85.29
$77.84
$67.77
. $84.51
$90.79
$102.83
$88.56
$78.78
$69.85
$81.71
$91.1 1
$63.58
I ARDAMAN & ASSOCIATESl INC .
A Geotechnical . Environmental and
Materials Consultants
2006 FEE SCHEDULE
CONSTRUCTION MATERIALS TESTING
ENGINEERING TIME FOR SUPERVISION OF SOIL AND CONCRETE TESTING SERVICES AND
REPORT REVIEW COMPLETED IN ACCORDANCE WITH FLORIDA STATUES. CHAPTER 471
AND RULES OF THE FLORIDA BOARD OF PROFESSIONAL ENGINEERSl CHAPTER 61G15
WILL BE CHARGED FOR EACH FIELD DENSITY. PROCTOR AND CONCRETE COMPRESSIVE
STRENGTH TEST REPORT ISSUED .
Engineering Report Review Services
Review of Field Soil Test Reports (0.2 hr/report) ........................... $17.00
Review of Laboratory Soil Test Reports (0.3 hrlreport) ...................... $25.00
Review of Concrete Test Reports (0.1 hrlreport) ............................ $9.00
Building Pad Certification Letters .................................. $80.00/each
SOIL TESTING - FIELD
Field Density Tests . minimum of three per trip (local area only)
Engineering Technician Time
(Nuclear Method . ASTM . D-2922) ................................. $20.00/test
Travel time outside local area . portal to portal .......................... $38.00/hr.
Penetrometer Tests ............................................... $38.00/hr.
StandbyTime ................................................... $38.00/hr.
Inspection and Monitoring Fill Placement .............................. $45.00/hr.
Monitoring Muck Excavation & Backfill ................................ $45.00/hr.
SOIL TESTING . LABORATORY
Modified Proctor . ASTM D-1557 .................................. $80.00/ea.
Standard Proctor . ASTM D-698 ................................... $80.00/ea.
Florida Bearing Value (FBV) . FM-5-517 ............................. $80.00/ea.
Limerock Bearing Ratio (LBR) - FM-5-515 .......................... $350.00/ea.
Proctor/LBR/FBV Sample Pickup (If Not Scheduled With Other Work) ...... $35.00/ea.
Moisture Content - ASTM D-2216 .................................. $1 5.001ea.
Organic Content - ASTM D-2974 $35.00/ea.
Carbonate Content - FM-5-514 ..................................... $65.00/ea.
..................................
Soil Particle Size Analysis (ASTM D-422) Dry Sieve Analysis . 1 inch to No . 200 ............................... $65.00/ea.
Washed Sieve Analysis - 1 inch to No . 200 .......................... $95.00/ea.
Washed Sieve Analysis - No . 200 only $45.00/ea.
Hydrometer Analysis - Passing No.10 .............................. $1 65.001ea.
Sample Preparation .............................................. $35.00/ea.
Washed sieve analysis ........................................... $95.00/ea.
..............................
Road Base Particle Size Analysis
receipt unless other arraiipeiiients have been macle previously A firiai1c.e chaiqc: of 1.5% per nionlll ('
d on all irivoices riot paid within 30 days Any attorncy's fccs or oiher costs iiitxi-rcd In ~olle~li~~j
Page 2 of 4
CONCRETE SAMPLING AND TESTING (Local Area)
Compressive Strength Samples of normal weight concrete (ASTM C-31) .......... $80.00/set
Includes: sampling (ASTM C.172). Slump (ASTM C-143)
Temperature (ASTM C.1064). Molding (ASTM C-31)
Curing & Testing (ASTM C-39) for 1 Set of Four Test Cylinders
Additional cylinders (more than 4 per set) ................................. $15.OO/cyl.
Additional slump tests (more than 1 per set) ............................... $10.00/ea.
Compressive strength of CMU grout Samples (ASTM C-1019): ................. $80.00/set
Includes. Slump if requested. Temperature and Molding
1 Set of Four Grout Prisms
Technician Standby time due to construction delays
Technician Travel time outside local area
in excess of 1 . 0 hour per set of cylinders/prisms ............................. $38.00/hr.
in excess 0.5 hour per set of cylinders .................................... $30.00/hr.
Sample pick-up if not scheduled with other work ............................. $20.00/set
our laboratory (ASTM C-39): ........................................... $15.OO/cyl.
Continuous monitoring of concrete placement ............................... $30.00/hr.
Air Content by Volumetric Method (ASTM C-173) ........................... $35.00/test
Air Content by Pressure Method (ASTM C-231) ............................ $45.00/test
Unit Weight and Yield (ASTM C-138) ..................................... $45.00/ea.
Verification of Mix Design ............................................. $400.00/ea.
FinenessModulus ................................................... $55.00/ea.
Concrete blocks (ASTM C-140)
Curing and strength testing of concrete samples F.O.B.
Strength tests (gross area basis) ................................... $45.00/block
Strength tests (net area basis) .................................... $75.00/block Absorption .................................................... $30.00/block
Two joint CMU's (FOB Orlando) $225.00/ea.
Concrete Masonry Units (ASTM E-447) ...................................
Masonry Mortar - 2" x 2" cubes molded at site (3 per set) ...................... $90.00/set
SAMPLING AND TESTING OF IN-PLACE CONCRETE
Core samples Technician time (2 man crew) ................................... $35.00/man-hr.
Core machine ................................................. $1 00.001day
Generator (if required) ............................................ $50.00/day
Diamond bit wear . per inch diameter per inch length .................... $0.35/in/in
other arinngeinents have been made previously . A finarice cliargc: ot 1.5% per month (i.c ces not pnld w~thin 30 days . Any attorney's fens or other costs Incurred In collectlng any ,? 11 at1twai Interest irate ir
~l~~llii~~lll!llt . lrllollilt sll;lll I
d tlirouqli Decetnbei 29. 200G . Thls fee schedule will be superseded by the X707 fee schedule for- work ................................................. Ardaman&Associates.Inc .
..
Page 3 of 4
SAMPLING AND TESTING OF IN-PLACE CONCRETE (continued)
Sample preparation (Measuring. Trimming & Capping) .......... ............ $35.00/core
Compressive Strength tests ........................................... $1 5.001core
Swiss Hammer:
Equipment Fee ................................................. $35.00/day
Technician time $45.00/hr. ..................................................
Windsor probe:
EquipmentFee ................................................ $135.00/day Charges per set of 3 shots ......................................... $75.00/set
EngineerITechnician Field time ...................................... $65.00/hr.
Rebar Location
R-Meter ....................................................... $75.00/day Technician time .................................................. $45.00/hr.
ASPHALT FIELD INSPECTION. SAMPLING AND LABORATORY TESTING
Pavement Cores for thickness verification. base thickness & subbase description ................................................. Core Machine $1 00.001day Generator ...................................................... $50.00/day Technician time (2 man crew) ................................... $35.00/man-hr.
Flag men and barricades if needed for safety and M.O. T ................ $Hourly rate
Diamond bit wear - per inch diameter per inch of depth ................... $0.35/in/in
Laboratory Testing Services Unit weight of cores ............................................. $35.00/core
Asphalt mix design - FOB Orlando ............................... Upon Request
Marshall Stability & Flow - FOB Orlando Upon Request
Extraction and gradation tests - FOB Orlando ...................... Upon Request
..........................
STRUCTURAL STEEL
Bolted connections
Torquewrench ................................................. $65.00/day
Sr . Engineering Technician $55.00/hr.
Project Engineer ................................................. $75.00/hr. .........................................
Field inspection of steel reinforcement placement and/or visual examination of welds:
Senior Project Engineer (P.E.) ...................................... $120.00/hr.
Certified Building Inspector ......................................... $65.00/hr.
Project Engineer (P.E.) ............................................ $95.00/hr.
Senior Engineering Technician ...................................... $55.00/hr.
Engineering Technician ............................................ $45.00/hr.
................................................... Staff Engineer $75.00/hr.
"~il ..ne... . pr... (2% in nffeci for work corni(deted throiigh Deccmbe: 20. 2OOfi This fee schedule vill he siiperseclerl by the 2007 fee schetli.ile for work ....................................... . Ardaman 8. Associates. Inc lieiforrlietl ;rftei Ilccernher 20 . 2006
,
Page 4 of 4
ENGINE E RI N G SERVICES
Engineering services include site inspection and report preparation for concrete and asphalt test
cores, other special testing, meetings and consulting services
Principal Engineer (P.E.) .......................................... $180.00/hr.
Senior Project Engineer (P.E.) ...................................... $140.00/hr.
Project Engineer ................................................. $95.00/hr.
Staff Engineer ................................................... $75.00/hr.
Senior Engineering Technician ...................................... $55.00/hr.
Certified Building Inspector ......................................... $65.00/hr.
Engineering Technician ............................................ $50.00/hr.
Technical Secretary .............................................. $45.00/hr.
TRAVEL CHARGES
Charges to be determined per job - most jobs are billed portal to portal
OVERTIME AND HOLIDAY
Overtime rates will apply to all work scheduled or completed on weekends and holidays and prior
to 7:OO AM and after 3:30 PM on weekdays.
Weekdays prior to or after normal working hours ................. 1.25 x normal rate
Weekends ............................................... 1.50 x normal rate
Holidays ................................................. 2.00 x normal rate
All invoices are due and payable upon receipt unless other arrangements have been made
previously.
11 re~ip~ urlless other ari-arqements liave been inade previi~~:;ly 4 iirlonce chr-irgt: of 1 .!i% per imonth (be.
se11 on all iivmces not pnirl within 30 days. Any attorney's fees or othw cost5 inrurred It1 collectiil[j any
d through December 29, 2(30h. This fee ScherILiIe wlll he .sup~=rserkd by the 2007 fer schetltile for work ........................... ............ Ardoman & Associates, Inc.
EXHIBIT B
City of Palm Beach Gardens
Exhibit B - Current Listing of Clients in Palm Beach Gardens Area
RFP #2006-004
8l712006
Client Name
Admiralty Bank
Alan Strassler Architects, Inc.
Allied Capital & Development, LLC
American Engineering & Development Corporation
Anchor Framing South
Andrews Realty Trust
Anspach Holdings, Ltd.
Astaldi Construction
Blackfin Construction
Ballenlsles Development Corporation
Bank Atlantic
Brown Development, Inc. (BDI)
Cambridge Custom Homes
CAPEX Construction & Development, Inc.
Catalfumo Construction & Development
CRM Construction
Channing Corporation
Circle Engineering, Inc.
Collins Development
Comerica Bank
Congress Avenue Properties, Ltd.
Contemporary Concepts, Inc. / Sphere LLC
Crescent Center Self Storage
CVS Corporation
Deevan, Inc.
Dexter Development
Diocese of Palm Beach
Donald C Walker, Inc.
Downtown at the Gardens Associates, Ltd.
EB Developers
Ecclestone Signature Homes
Excel Contracting
Fifth Third Bank
Fine Builders
Fisher Contracting
Florida Power & Light
Frankel Estate Homes, Inc.
Gaeta Development Company
Gehring Group
Geraghty & Miller
GMD Construction Company
Gulf Atlantic Construction & Development Company
Health Carte Management Associates
Hedrick Brothers Construction
Holmes Properties, LLC
Holt Contractors, Inc.
Homes By Jones
Hutchings Enterprises, Inc.
Hydro Terra Environmental Services, Inc.
Hydrotec, LLC
Ibex Construction
Industrial Commercial Structures
Insurance Kingdom
Ivey, Harris & Walls, Inc.
Janssen Construction
JHM Hotels
John C. Bills Enterprises, Inc.
Jonathan T Rickets, Inc.
KeatinglMoore Construction
Keshavarz & Associates, Inc.
Kolter Signature Homes
Laser & Surgery Center of the Palm Beaches
LBFH, Inc.
Leighton McGinn
Little & Associates
Logos Construction, Inc.
LTI Development
M.J. Anderson Construction corporation
Mainstreet @ Midtown, LP
Malt Construction Services
Mclntosh-Cowie, Inc.
Mclntyre, Elwell & Stammer (MES)
Menin Development Companies, LLC
Messler & Associates consulting Engineers
MG of WPB, Inc.
Milne & Nicholls, Inc.
Murphy Construction
Nordstrom Store Planning Department
NPBCID
Nunez Contracting, Inc.
Ocean Breeze Construction Company
OHC, Inc.
Onshore Construction & Development, Inc.
Palm Beach Construction & Management
Palm Beach Orthopaedic Institute
Palm Coast Builders & Construction Company,
Paymar Construction
Pike Development Company, LLC
Prudential Real Estate
RAM Development Company
Rand Construction, LLC
RBC Centura Bank
Renick Construction
Ricky J. Wilson Construction
RJS Builders
Roger G. Thomas General Contractor, Inc.
Ardaman Associates, Inc.
2200 North Florida Mango Road, Suite 101 West Palm Beach, Florida 33409
Page 1 of 2 =- Phone: (561) 687-8200 Fax (561) 640-7375
City of Palm Beach Gardens
Exhibit B - Current Listing of Clients in Palm Beach Gardens Area
RFP #2006-004
8/7/2006
Client Name
Sabatello Construction of Florida, Inc.
Schickendanz Capital Group, LLC
Seacoast Utilities
Sembler Company
Seppala Corporation
Shawmut Design & Construction
Simmons Building Corporation
SLA Architects & Planners, Inc.
Solid Foundation of Palm Beach, Inc.
Southern Self Storage
Suffolk Construction
Summit Investments, LLC
T.M. Russell Contracting, Inc.
Taycon Construction Management Company
Taylor Woodrow Communities
Taylor Woodrow Communities @ Mirasol, Ltd
The Forbes Company (Forbes Properties)
Tri-Topia Development
Turtle Beach Construction
University MRI & Diagnostics Center
US Land Holdings, LLC
Vintage Properties
WCC, Inc.
WCG, lnc.
WCI Communities, Inc.
Weitz Company
WW Development Group, Inc.
Zabik & Associates
Ardaman Associates, Inc.
2200 North Florida Mango Road, Suite 101 West Palm Beach, Florida 33409
Page 2 of 2 I- Phone: (561) 687-8200 Fax (561) 640-7375
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
L M Engineering, Inc. d/b/a GFA International (hereinafter referred to as
CONSULTANT), whose address is 442 NW 3!jth Street, Boca Raton, Florida 33431.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional environmental assessment and geo-technical analysis
services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
I Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE I
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N I F I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 INDEMNIFICATION
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT ,
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -D I S C RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 S EVE RABl LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT IO N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH -IN -N EGOTl ATlON CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use andlor distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail International
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator Boca Raton, Florida 33431
L M Engineering, Inc. d/b/a GFA
442 NW 35‘h Street
Attention: Frederick G. Kaub, Exec. V.P.
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADM I N ISTRATI ON
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Frederick G. Kaub, P.G.,
Executive Vice President and Paul H. Danforth, P.E., Regional Vice President.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
WITNESSES:
d 2.
1.
CONSULTANT
L M ENGINEERING, INC. d/b/a GFA
INTERNATIONAL
(CORPORATE SEAL)
\\Pbgsfile\Attorney\attorney-shareWGREEMENTS\CCNA Agreement - GFA Int'l.doc
10
EXHIBIT A
Part 1
A.
B.
C.
D.
Concrete Block Strength Test (gross area)
CITY OF PALM BEACH GARDENS
CONTRACT
PROFESSIONAL ENGINEERING & TESTING SERVICES
$35.00 I block I I $0.00
WORK ORDER NO.
Field Technician time for monitoring site preparation or sample collection
Senior Engineering Technician I $75.00 I hour I I I $0.00-
Engineering Technician $65.00 I hour I $0.00
Unit
cost Unit Justification
MATERIALS TESTING SERVICES
Qty Total
SAMPLING & TESTING OF IN-PLACE CONCRETE
SITE PREPARATION MONITORING & TESTING
Page 1 Of 4
CITY OF PALM BEACH GARDENS
CONTRACT
PROFESSIONAL ENGINEERING & TESTING SERVICES
$1 .ooo.oo test
$1,500.00 test
$125.00 hour
$55.00 hour
For 2” shallow aquifer testing (30’ deep or shallower)
Any larger or deeper wells
Principle Engineer
$0.00
$0.00
$0.00
$0.00
CITY OF PALM BEACH GARDENS
CONTRACT
PROFESSIONAL ENGINEERING & TESTING SERVICES
B. From surface to 25 ft (continuous) $12.00 I If lupper 25 foot of each boring I I $0.001 B. From surface to 25 ft (continuous) $12.00 If upper 25 foot of each boring
If estimated depths between 25
and 37.5 to be sandy soils $14.00 From 26 ft to 50 ft
From 51 ft to 100 ft $16.00 If
Coring of limestones (depth less than 50’) $28.00 If
Part 2
A.
$0.00.
$0.00
$0.00
$0.00
SUBSURFACE EXPLORATIONS
IFT SAMPLE
9 14.uu II land 37.5 to be sandy soils I $16.00 I If
From 26 ft to 50 ft
From 51 ft to 100 ft
I --- ^^ I Coring of limestones (depth less than 50’)
9V. W
$0.00
I I- ,.A
3-tl >AMPLE
C.
Pam 3 Of 4
CITY OF PALM BEACH GARDENS
CONTRACT
PROFESSIONAL ENGINEERING & TESTING SERVICES
$350.00 test
$350.00 test
$350.00 test
E. Field Permeability Tests -drilling not included
Exfiltration Tests (does not include backhoe)
WORK ORDER NO.
Unit
cost Unit Justification Qty Total
D.
$0.00
$0.00
$0.00
ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES
Part 3
EXHIBIT B
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2(306-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
2:03 PM
08103108
GFA INTERNATIONAL
Propn'etary 8 Confidential
Customer List
30 DEVELOPYENTSERVICES. LLC
6751 N.FEDERAL LLC
A h S TRANSPORTATION
A R. MARTIN HOMES
AHRENS COMPANIES
&LAM0 BLDG. CO.
ALBANESE HOMES
ALLIANCE CONSTRUCTION
ALTMAN DEVELOPMENT CORPORATION
AMERIMAX INVESNENTS
ANOERSONMOORE CONSTRUCTION CORP.
ANDRRNS ASSETMANAGEMENT
APAC OF FLORIDA. INC
APEASTE CORPORATION
ASHLAND FARMS
ASPRO AUTO SAiVAGE
AX ASSOCIATES, INC.
ATKINS CONSTRUCTION
ATLANTIS DEVELOPMENT
AURORA CONSYRUCXON
AUTO BUILOERS OF SOUTH FLORIOA
AUTOBUILDERSOENERAL CONTRACTING, SVC
AUTOMOTIVE MANAGEMENT SERVICE, INC.
AVALON HOMES .LLC
AVATAR PROPERTIES
AVATARS PROPERTIES
B J 6 K CONDO CONSTRUCTION. INC.
B.J. ENTERPRISES. INC.
BACK BAY DEVELOPMENTGROUP
BAINBRIWE BUILDERS
BAINBRIDGE CQMPANIEB
BAINBRIDGE CONSTRUCTION LLC
BAINBRIDGE DEVELOPMENTGROUP LLC
lALEStRlERl DMELOPUENt
BANK BUILDERS INTERHAllONAL
BAPl NEW LEAF. LLC
BOY CONSTRUCTION
BECKS CONSTRUCTION
BELWN-MORSE CONSTRUCTIOM
BERNIE EASTHAN
BERNIE MADSEN
BlLL SEAMAN CONSTRUCTION. INC
BILTblORE REALM L DNELOmENT
BLISS CONSTRUCTION. LLC
BOB QRENADIER
BOLENA CONSTRUCTION. INC
BORAN CRAIG BARBERS ENGLE
BOWS LEND LEASE
BRI. LLC
BRICE BUILDING CORPORATION
BRICE BULDING COMPANY
BROOKS h FREUND, L.L.C
Pagml ntrO
GFA International
442 NW 35 Street Florida's leading Engineering Source Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
ww.TEAMCFA.com
...
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSION A L CON SU LTI N G SERVICES : E NVI RO N M ENTAL ASSESSM E NE, AND
G EOTECH N ICA L ANA LYSIS
2:03 PM
OBIOS~~ GFA INTERNATIONAL
Proprietary & Confldentlal
Customer List
BROWARD COUNTY AVlATlON DEPT
BROWARD COUNTY SCHOOL BOARD
BRYAN OlT
BUENAMNTE HOMES
BUILDERS PLUS, INC.
BUNDSCHUKRAPTINC
BUTERS & BUTTERS
BUTTERS CONSTRUCTION IL DEVELOPMENT, INC.
C S.C BRAZILIAN LP
CAB1 DEVELOPMENT
CALIBER CONSTRUCTION
CAMERON COLSON
CAMILO PERU
CAPRI ENGINEERING
CARMNAL NeWMAH HIGH SCHOOL
CAROUSEL DEVELOPMENT
CARROLL HOTEL, LLC
CASTILLO GRAND LLC
CATALFUMO CONSTRUCTION
CW GENERAL CONTRACTORS
CEDARS-ELECTRO-MECMANICAL,INC
CEM CONSTRUCTION SERVICES. fnC
CENTERUNE HOMES
CETPAC ENOINEERING INC
CHARLSE WATT COMMUNITIES
CHESNEE,INC
CHINOOK COt4STRUCVON
CHS MOME MAINTENANCE SERVICE
CITY CONTRACTING
CITY OF ALTAMONTE SPRINGS CONTRACT
CITY of ATLANTIC BEACH
CITY OF BOCA RATON DEPT. FINANCE
CITYOF COCONUTCREEK
CITY OF DEERFIELD BEACH
CITY OF FT LAUOERDALE
CITY OP HAINES CITY
CITY OF MARGATE
CITY OF MIRAMAR
CITY OF POMPANO BEACH
CLEWISTON BUILDERS
CMC GROUP INC.
COASTAL CONDOMINIUMS
COASTAL LMNG HOMES
COFFMAN CLARK CONSTRUCVON, INC
COMMERCIAL CONTRACTINQ DIVISION
COMPASS CONSTRUCTION
CONCORDIA DEVELOPMENT
CONGRESS PARK OFFICE CONDO
CONSOLIDATED CONSTRUCnON
CONSTRUCT UNLIMITED
CORAL DEVELOPMENT of FORT MYERS.LLC
CORAL SPRIHGS HONDA AUTO MALL
GFA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
www.TEAMGFA.com
Florida's leading Engineering Source
CITY OF PALM BEACH GARDENS, FLORIDA .. RFQ #20456-004
PROFESSIONAL CONSULTING SERVICES: EMVIW6NMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
2:03 Pbi
oamm6 GFA INTERNATIONAL
Proptietary B Confklential
Customer List
CORE CONSTRUCTION
COUGAR CONTRACnNG
COURCHENE DWELOPUENT
COURTELlSCONSTRUCllON
COURTS DEVELOPMEHTINC.
CREEKSIDE COVE VENTURELLC
CRESTLINE DEVELOPERS
CRS BUILDINQ CORWRAllON
CSl DNELOPYENT, LLC
CSI ~~EAST~Cnnlracll~ SpeciYlst IIW
CSR HEAVY CONSlRUCnON. INC
CULPEPPER 6 TERPENING. INC
D R. QUALITY CONTRACTORS
DANELLA COMPANIES. INC.
DANNY CUNWINOHAM
DAVID flNDBERG
DAVID I.. WALLACE
M GUARDIOLA OWELOPMENT. INC
D.ANGELIS MAMONO CONSTRUCTION
DELLA RATTA. INC
DEWHURST AMOCMTfS
DI WMPEO CONSTRUCTION
MVA MONRROY
DlVSRSl AEO CONCEP‘IS
DOBSON FIBERGLASS
DONNECLAM CONSTRUCTION
DP Iiwesrnwits
DPM SERVICES IHC
DPM.INC.
OR HORTON. INC
DSH CONTRACIING
DUKE CONSTRUCllON
DWVINVESTMENTS. INC
DYNASTY MARINE
E.P. LLC
UbLE ENOINEERINO 6LANDDWELOPMENT
EARTHECH
EASTLAXE WLLAGE CENTER LLC
EASTBDE BUILDERSINC
EB DEVELOPERS
CDGEWOOD PROPCRllES
EHC INC.
EL WRADO FURNINRE
ECLEMAR ENTERPRISES
EMERY FARM ESTATES LTO
ENQNElWNG d WATER RESOURCES
ENGLE HOMEWW FLORIDA
ENWRONMENTAL RISK MANAGME”T
EHVIRONMENTAL SERVICES. INC
ERMA
ESQ MASTRIANA hCHR1SllANSW.P 8
ECOLOGY a ENVIRONMENT
GFA International
442 NW 35 Street Florida’s I eading Engineering Source Boa Raton, Florida 33431
ww.TEAMGFA.com
(561) 347-0070 m (561) 395-5805 (fax)
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRON M ENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
203 PM
08103M6
GFA INTERNATIONAL
Proprietary & Confidential
Customer List
FAIRFIELD DEVELOPMENT, L.P
FOG
FIDELITY INTERNATIONAL DEVELOPMENT
FIRELINE RESTORATION
FIRSTCLASS BUILDERS
FIRST HOME BUILDERS OF FLORIDA
FLNY DEVELOPMENT CO.LLC
FLORIDA ATLANTIC CONSTRUCTION, INC
FLORIDA CONTRACTORS
FLORIDA GULF BUILDERS
FLORIDA GULFCOASTUNNERSIN
FLORIDA IN'lERNAlIONAL UNIVERSIN
FLORIDA MAIN STREET,LLC
Flwldd Mold ConaUltan(* LLC
FLORfM POWER L LIGHTCO.
FLORIDIAN GULF COAST HOMES, INC
POURW-ONE 41 WE# 0EVELOPERS.INC
FPL MAIN OFFiCE
FRANKEL ESTATE HOMES
FRONTIER DNELOPMLMT
FUNERAL SERWCESAC
PUTURlSnC CONW'RUCTION
GABLES CONSTRUCTION. INC.
GAL1 PROPERTIES, INC.
GARY MILMOUNT CONSTRUCTION
GARY WLKEG INC
GATESMtVEY
GCM CONTRACTING SOLUTIONSINC
GFA IIUW Deyt
GREATLAKEG HOMES
GREQORI INTERNATIONAL
QRlFFlTH PAWNO
GRIMES CONTRUCTlON 8 DEVELOPMENT
GRUENlHALCONSTRUCflONLOEVELOPMENTCORP
090 CONTRACTING
GTMcDONALD ENTERPRISES
GUARDIAN AMERICAN HOMES,LLC
GULP BUILDING CORPORATlDN
GULF COXSTCOHSULTING CROUP
GULF PAWNO COMPAHY
QULFWREAM AtLANllC CORPORATION
GULFSTREAM HOMES
H L J CONTRACTING
HALVORSEN DEVELOPMENT CORP
HANSEN HOMES
HARK" CAPITAL LLC
HARDIN5 PARK. INC do UNITED DOMINION
HARDRIVES INCORPORATED
HARWN. HARVTN fi PINNOCK, LLP
HASKELL COMPANY
HAWKEYE CONSTRUCTION
HEAD PROPERN CORP
GFA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
www.TEAMGFA.com
Florida's I eading Engineering Som?
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
2:OJ PY
08/03/06
I
GFA INTERNATIONAL
Proprietary 8 Confidentlal
Customer List
HEDRICK BROTHERS CONSTRUCTION COMPANY
HERITAGE MANOR
HIGHLAND DEVELOPMENT ASSOCIATES
HJ HIGH CONSTRUCTION COMPAMY
HOK
HOLIDAY BUILDERS
HOLIDAY ORQANIZATION, INC
HOME DEVCO PLAZA
HOME DEVELOPMENTCORP. OF SOUTH FLORIDA
HOMESINC.
HORIZON GEIIERAL CONTRACTORS
HRH CONSTRUCTION
ID1
IL LUOANO
IMPERIAL CONSTRUCnON
INFINITY II AT BRICKELL, LLC
INNOVATIVE ENGINEERING
IRONWOOD PROPERTIES, INC.
ITASCA CONSTRUCTION ASSOCIATES
J MILLER BUILDINGCOMPANY
J RAYMOND CONSTRUCllON
J.P. MURPHY
J.W.R. CONSTRUCTION SERVlCES,INC
JDE DEVELOPMENT
JEAN LAcCRTL
JESS BURTS ENTERPRISE. INC
JIM MURPHY
JL WALLACE
JM HOMES
JO FRA INVES??+lENT
JOE GRENADIER CONSTRUCTION
JOE PESEUX
JOEY MUNGUIA
JOHN LYNN
JOHN MCCANN EL ASSOCIATES
JOHNNY PREVATTi% SONS PAWNG, INC.
JOSEPH MIDDLEBROOKS L ASSOCIATES. INC
JUSnN MAL
WW SUNRISE, LLC
KADERAQEK CO.
KANE BUILDERS, INC.
KAUFMAN LYNN, INC.
KELTON PROJECTMANAGEMENT, INC.
KEN BURTON CONSTRUCTION. INC.
KENCO COMMUNITIES
KENNEDY CONTRACTORSq INC.
KENWOOD HOMES
KIN5 CONSTRUCTION 6 DESIGN, INC
KIND MOTORCO. PT. LAUDERDALE
KISSIMM EE f LEXXSPACELTD
KOLTER PROPERTY COMPANY
KROSAN US,LLC
GFA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
www.TEAMEFA.com
Florida's leading Engineering Source
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
2:OJ PM
OBIOrmfi
GFA INTERNATIONAL
Proprietary L Confidential
Customer List
KS BUILMNQ QROUP
LAKE WORTH HOSPILIW, LLLP
LAVISH HOMES
LEECOUNTY SCHOOL OISTRICT
LENNAR HOMES, INC
LEO DlBlASl
LMH6SONS, LLC
LMH COMMERCIAL
LMV HOMESINCORPORATED
LODGE CONSTRUCTION. INC.
LOWC EUILDBRS
M. ECKER 6 CCMPANY
M. JORDAN CONSTRUCTION
HACTEC
MACTEC ENG 6 CONSULTING
MADDOX CONSTRUCTlON
MADFIB GROUP
MAGNA CASA, INC.
MALASKY HOMES
MARK GAUONE
MARSHALL EROMAN &ASSOCIATES
MARTIN COUNTY SCHOOL DISTRICT
MASTEC
MAXSOUTH CONSTRUCTION
McCAEIE BROTHERS CONSTRUCTION
McCRANEY PROPERTY CO
MERIT HOMES
MIDWEST DIVERSIFIED
MILITARY TRAIL DWUOPMENT GROUP,LLC
MILLER CONSTRUCTION CO.
MINE0 CONSTRUCTION
HIEHELL AND STARK
MLC INVESMENTGROUP
MOLDTECH DEVELOPMENT
MORTON GROUP
MOSS AND ASSOCIATES
MOSS CONSTRUCTION MANAGERS
MUVlCO THEATERS
NATIONAL Et3UNITY BUILDERS CORP
NEW MILLBMUM BUILDERS. INC.
NORTWSTAR HOMES
NUCAPE CONSTRUCTION
O'CONNOR &TAYLOR CONSTRUCTION. INC.
OAK HAMMOCK OF PXLLC
OAK TREE DEVELOPMENT
OAKS @ BOCA RAMN, VENTURE LP
OMRHOLT CONS?RUCTION, CORP
OVERLAND CONTRACllNG INC.
OWEN Able9 KIMBALL
OXFORD UNIVERSAL
PADULA 6 WADSWORTH
PAGE BROS. ASSOC. DBA CORAL SPRINGS HONDA
Page 6 of 10
GFA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
ww.TEAMGFA.com
Florida's leading Engineering Source
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
2:03 PM
OBIOJ~~ GFA 1NTERNATIONAL
Proprietary & Confidential
Customer List
PALM BCH CITY FACILITIES DEVgOP CONTRA
PALM BEACH COUNTY SCHOOL DISTRICT
PALM BEACH CTY WATER UTILITIES DEPT.
PAT COOK CONSTRUCTION
PELICAN LlAY DEVELOPMENT
PERlNl BUILMNG COMPANY
PERMlmNG SOLUTIONS
PIER POINT DEVELOPMENT, LLC
PILLAR BUILDING CORPORATION
PLATINUM CONTRACTING, INC
POOLE 8 KENT
POWER PLANT ENTERTAINMENT LLC
PQS CONSTRUCTION
PRESSTRESS PRECASICOMPANY. INC.
PREn CONSTRUCHON
PRIME ENGINEERIMG, INC.
PRIME HOME BUILDERS
PYRAMID CONSTRUCTION
WALK HOMES
R.J. BUILDING 8 DEVELOPMENT
RAFO CORPORATlON
RAM DEVELOPMENT COMPANY
RANGER CONSTRUCTION
RANKIN GRAVET? GROUP, LLC
RCC A3SOClAlES
RCL CONSTRUCTION
REGAL CONSTRUCTION
REGENT PARK, INC
REPUBLIC WASTE SERVICES
RICHARD JONES CONSTRUCTION COMPANY INC.
RIVERSIDE BANK OF THE GULF COAST
RIVERA AVENUE P. LLC
RLK CONSTRUCTION ASSOCIATES
ROBERT BARFITT
ROBINSON CONSTRUCllON COMPANY
ROCON DEVELOPMENT, LLC
RODERO DESIGN, INC.
ROGER 8. DlCAPlTO
RON LANDON CONSTRUCTION
RONALDYATES
ROYAL CONCRETE CONCEPTS
ROYAL CORINTHIAN HOMES
RUSSELL ENGINEERING
RYAN GOLF
RYAN GOLF CORP.
RYLAND HOMES
S.E HOME BUILDERS
SANIBCL PUBLIC LIBRARY. INC.
SARASOTA MAIN STREET, LCC
jCHb0L OISTRICf OF COLLIER COUNR
SEA DtVERSlFlELD
RYAN SALES a SERVICE INC.
6FA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
www.TEAMGFA.com
Florida’s I eading Engineering Source
CITY OF PALM BEACH GARDENS, FLORIDA ., RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
GFA INTERNATIONAL
Proprletary L Confldentlal
Customer List
SEAWOOD BUILDERS. INC
SEMINOLE TRIBE OF FLORIDA
SHAKMAN COHSTRUCTION
SHARPE PROJECT DEVELOPMENTS, INC.
SHAWE-AGER CONSTRUCTION
SHAWN MEINAN
SHELBY HOMES
SI Group
SIEMON a LARSEN
SITEWORKS OF FLORIDA
SLATWRY AND ASSOCIATES
SLH DEVELOPMENT
SMART CONSTRUCTION
SMITH PAVING. INC
SOLO CONSTRUCTION CORPORAllON
SOUTH FLORIDA WATER MANAGEMENT MSTRT.
SOUTHEAST CONSTRUCTION 5 DEV.
SOUTHERN LAND DEVELOPHIENT
SOUTHERN TRAILS
SPANISH RIVER CONSTRUCTION
SPECIALTY AUTOMOllVe TREATMENW
STEVE HAWKINS
STWf!NS CONSTRUCTION
STEVENS LAWRENCE
STILES CAPITAL CORPORATION
STILES CONSTRUCTION COMPANY
STILES CONSTRUCTION COMPANY
smEs DEVELOPMENT CORP.
STOR-ALL MANAGEMENT
STOR-ALL SYSTEMS, INC.
SNLtZ CONSTRUCTION
SUNCRETE CONCRETE COMPANY
SUNJHlPll STRUCNRI?S, INC
SWAN BUILDERS
SWC BUILDING 5 DESIGN
SWIMMING POOLS BY IKE
SWlRE PROPERneS
SYNALOVSKI GUTIERREZ ARCHITECTS, INC.
TbC CONSTRUCVON b DEVELOPMENT
T&G CONTRACTORS
TARGET BUiLOERS
TAYLOR CONTRACTORS
TAYLOR WOODROW
TAYLOR WOODROW @ YIRASOL LTD
TAYLOR WOODROW COMMUNITIES
TAYLOR WOODROW HOMES
TAYLOR WOODROW.
TELCON
TEMPLE DOR DORIM
TERRA INTERNATIONAL
THE CONSTRUCTION MANAGERS, INC
THE CORNER8K)NE GROUP DEVELOPMENT,LLC
PaQa 8 Of 10
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #20)06-804
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMEN=, AM5
GEOTECHNICAL ANALYSIS
2:03 PM
OBmm)6
GFA INTERNATIONAL
Proprietary 8 Confidenttat
Customer List
THE DISTRICT SCHOOL BOARD OF COLLlBR CO.
THE HASKELL COMPANY
THE HOLIDAY ORGANIZATION. INC
THE RELATED GROUP of FLORIOA
THE SEMBLER COMPANY
THE TOWER GROUP, INC
TlPPEl? CONSlRUCTION. INC
TOLL BROTHERS, INC
TOUR TURF HOLDINGS.LLC
TOWN Of JUPITER.
TRAOEWINOS CONSTRUCnON
TRAMMELLCROW COMPANY
TRANSEASTERN PROPERTIES
TRIAD HOUSING PARTNERS
TRIANQLE ECLUlnES ONELOPMENT LLC:
TRlNlN COMMUNIN CHURCH
TROPICAL STORAGE LLC
TRUSTLAKE PARK, LTD.
TUCKPOlNT PROPERTIE4 LLC
TURNER CONSTRUCTION CO.
MNA GENERALCONTRACTING
U.S. CONSTRUCTION 6 DEVELOPMENT
ULBRICHT RESIOMCE CONSTRUtnON
UNlDWTlFlEO
UNITED WMlNlON REALTY
UNIVERSITY HOSPITAL 6 MEMCAL CENTER
US HOME
US HOME CORPORAnON
VANDERBlLT BAY CONSTRUCTION. INC.
VANOERBILT DEVELOPMENT
VARIAN d ASSOCIATES
VERCONCONSTRUCTIONMANAGEMENT
VILLAGE Of ROYAL PALM BEACH
VlNCWT DEL JUIMCE
VITAL PHARMACEUTItALS, INC
VlTCAR CONSULTINGCOMPANY. 1°C
VOA ASSOCIATES INCORPORATED
W. JACKSON & SONS
W JACKSON & SONS CONSTRUCTION COMPANY
WALKER DESIGN h CONSTRUCTION
WALKER PARKING CONSULTANm9 INC.
WALROK
Wc1 COMMUNITIES
WEBB BUILDERS
WEITZ COMPANY
WELLINGTON HOSPITALITY
WEST COAST ORWALL
WESTBROOK HOMEqSIm&d P'ddtlC Hmner)
WESTBROOKE COMMUNlTlES INC.
WESTBAOOKE CORP
WESTFIELO HOMES,lStandrd Paclncl
WHITEHALL QUALIW HOMES
GFA International
442 NW 35 Street
Boca Raton, Florida 33431
(561) 347-0070 (561) 395-5805 (fax)
www.?EAMEFA.com
norida's leading Engineering SOUrCe
CITY OF PALM BEACH GARDENS, FLORIDA - RFQ #2006-004
PROFESSIONAL CONSULTING SERVICES: ENVIRONMENTAL ASSESSMENTS, AND
GEOTECHNICAL ANALYSIS
CFA INTERNATIONAL
Proprietary 8 Conlientiat
Customer List
WlLSON h BUIST, INC.
WOODflELD COUNTRY CLUB
WORKPLACE EASTINVESTORS LLP
WORTHINOTON HOSPlALlTY LLLP
WRMC 111 PROPERTIES, LLLP
WRS INFASTRUCTURE AND ENVlRONMENTAL INC
YOUNG COMlRACllNG
YOUNG DNELOPMENT
GFA International
442 NW 35 Street Florida’s leading Engineering Source 60Ca Raton, Florida 33431
www.TEAMGFA.com
(561) 347-0070 b (561) 395-5805 (fax)
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Nutting Engineers of Florida, Inc. (hereinafter referred to as CONSULTANT), whose
address is 1310 Neptune Drive, Boynton Beach, Florida 33426.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional environmental assessment and geo-technical analysis
services on a non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
2
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days' written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN D E M N I F lCATl0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN DE M N IF I CAT1 0 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
3
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 N 0 N -DISC RI M I N AT1 0 N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABI LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
pro posa I s, represent at ions , negotiations , I ette rs , or other co m m u n ica t io n s between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I FI CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. , The CITY shall exercise its rights under this “Certificate” within one (1)
I year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Nutting Engineers of Florida, Inc.
1310 Neptune Drive
Boynton Beach, Florida 33426
Attn: Richard C. Wohlfarth, Principal
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY'S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Richard C. Wohlfarth, P.E.,
Principal/Director of Engineering, and James J. Flaig, P.E., PrincipaVChief Engineer.
a
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
NUTTING ENGINEERS OF FLORIDA,
(CORPORATE SEAL)
\\PbgsfileWttorney\attorney-shareWGREEMENTS\CCNA Agreement - Nutting.doc
10
EXHIBIT A
PALM BEACH GARDENS, FLORIDA
SCHEDULE OF FEES AND SERVICES
July 20,2006
Note: The intent of the contract is to include all labor, materials, transportation, set-up,
fuel, equipment, and other items necessary to complete the item of work. All items
incidental to or necessary for the completion of the item will be included in the price.
- I. SOILROCK TESTING (LABORATORY & FIELD)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Field Density Test (four [4] minimum)
Proctors
Florida Bearing Value Test
Limerock Bearing Ratio Test
Atterberg Limit
Carbonate Content Test
Organic Content Test
D.O.T. Corrosivity
Soil Observation (On Site)
Natural Sample Moisture Content
Unit Weight and Moisture Content (undisturbed Sample)
Gradation Analysis
Compression Test on Rock Core
Consolidation Test
- 11. FIELD EXPLORATION
$20.00/test
$75.00/test
$35.00/test
$175.00/test
$50.00/test
$50.00/test
$50.00/test
$175.00/test
$45.00/hour
$20 .OO/tes t
$50.00/test
$50.00/test
$50.00/test
Quoted
1. Auger Borings $9.00/LF
2. Hand Augers $9 .OO/LF
3. Standard Penetration Testing - Truck Rig (0’-50’) $lO.OO/LF
$1 2 .oo/LF
4. Standard Penetration Testing - Track Rig (0’-50’) $12.00/LF
(51’-100’) $14.00/LF
5. Standard Penetrating Testing - Portable Tripod Equipment $20.00/LF
6. Case Bore Hole, If Necessary $6.00/LF
7. Grout Bore Hole, If Necessary (0’-50’) $2.50/LF
$3 SOLF
(5 1 ’- 100’)
(5 1 ’- 100’)
Page 1 of 2
NUTTING ENGINEERS OF FLORIDA, INC.
8. Muck Probing (4 hr min.) $45 .OO/hour
9. Mobilization of drilling equipment to project (Min. Charge) $150.00/trip
10. Percolation Test $325 .OO/test
11. NX Rock Coring $25.00/LF
12. Monitor Test Pits (staff engineer) $75.00/hour
13. GPR Testing Quoted
- 111. ENVIRONMENTAL SERVICES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Phase I Environmental Property Assessments $1,700.00-$2,500.00
Asbestos, Lead or Radon Screening Survey Quoted
Indoor Air Qualityhiold Inspection Quoted
Monitor Well Installation $30.00/LF
Double-Cased Monitor Well Installation $60 .OO/LF
Split Spoon Soil Borings for Collection of Soil Samples $lO.OO/LF
Abandonment of Monitor Wells $1 O.OO/LF
Methane Monitoring (Environmental Specialist) $250.00+$60.00/hour
Groundwater Sample Collection $lOO.OO/well
Performance of OVA Field Screening
(Environmental Specialist) $60.00/hour
- IV. OVERTIME Additional 40% of basic rate
- V. ANY ADDITIONAL TESTING OR SERVICES AS AUTHORIZED AND
APPROVED BY PALM BEACH GARDENS
- VI. ENGINEERING AND PROFESSIONAL SERVICES
Principal Engineer $95 .OO/hour
Sr. Geotechnical Engineer/Sr. Project Manager $85.00/hour
Project Manager $75.00/hour
Senior Engineering Technician $50.00/hour
Engineering Technician $45 .OO/hour
Drafter / CADD $50.00/hour
Seismograph for Vibration Monitoring
(minimum 5 days)
Environmental Specialist $60.00/hour
$150.00/day or any portion of a day
Page 2 of 2
NUTTING ENGINEERS OF FLORIDA, INC.
Schedule of Fees & Services
EXHIBIT B
NUTTING
OF FLORIDA, INC.
ESTMLISHEO 1987 W
Geotechnlcal & Construction Materials
Englneerln , Testfng, & lnspecllon Fnvironmental Services
Offices throughout the state of Florida
muw.nuningengineers.com info@nuttlngengineers.com
August 9,2006
Arthur "Dino" DeRostaing, CPPB
Purchasing Agent
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Dear Dino.
As per you're your request and in order to comply with "Article 30 of our pending
agreement we are documenting a list of all current clients.
At this time we do not know of any conflict of interests relative to our current clients and
the City of Palm Beach Gardens. As we become aware of any potential conff icts we will
make them known to the City of Palm Beach Gardens immediately.
For your information, it is Nutting Engineers of Florida, Inc. policy to adhere to the
strictest engineering standards and business code of ethics with any and all projects that
we provide our services for. We always act in the best interest of the client at hand when
involved in a project.
We are presenting below is a list of current clients that may work in Palm Beach
Gardens:
Botkin & Parsi
Engle Homes
Len nar Hom es
Puke Homes
Eccelstone Homes
Spear Group
Gimrock Construction
Bovis Lend Lease
Pavarini Construction
Landmark Homes
Guardian & American
OConnor and Taylor
Land Plan Engineers
AVI Construction
Colonial Development
MAC Construction
Muvico
Moss Associates
Rilea Group
Capri Engineering
Specialty Engineering
Mouw Associates
4 Seasons Resort
Singer Architects
Mummaw & Associates
Margolis Enterprises
Please let me know if you require any additional information.
Director of Marketing and Business Development
Rob Branson, Inc.
Modern Concrete
Carmo Engineering
Dibgy Bridges Marsh &
Associates
Craig Smith &
Associates
Atlantic Coast Building
& Development Corp.
Alliance Companies
Diversified Construction
& Engineering
1310 Neptune Drive - Boynton Beach, Florida 33426 (561) 736-4900 * fer (561) 737-9975
Broward (954) 941-8700 - Port St. Lucie (772) 408-1050 * Miami Dade (305) 624-0060
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made thisq’- day of T&-~\~PL./ , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Scheda Ecological Associates, Inc. (hereinafter referred to as CONSULTANT), whose
address is 1486-E Skees Road, West Palm Beach, Florida 3341 1-2008.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S Consultant pursuant to Section
287.055, Florida Statutes, for professional environmental assessment services on a
non-exclusive basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
Derformed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance wit
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qua
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer‘s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
2
Section
fications
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 I N DE M N I F I CAT1 0 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN DE M N I F I CAT IO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
3
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB1 LlTY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
4
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -DISC RI MI N AT IO N
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
5
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVE RABl LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
6
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use andlor distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
7
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
Scheda Ecological Associates, Inc.
1486-E Skees Road
West Palm Beach, Florida 3341 1-2080
Attn: Sandra Scheda Klaus, M.S., Pres.
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY’S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY’S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Sandra Scheda Klaus, M.S.,
President and Lauren Linares. Senior Scientist.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
8
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
I
I
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
(The remainder of this page left intentionally blank)
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
WITNESSES: CONSULTANT
SCHEDA ECOLOGICAL
ASSOCIATES, INC.
&&CA &
(CORPORATE SEAL)
\\pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Scheda Ecological Associates.doc
10
EXHIBIT A
STANDARD FEE AND EXPENSE SCHEDULE
Scheda Ecological Associates, Inc.
Effective December 1,2004
Engineer / Principal QAQC
Expert Witness
Senior Engineer
Principal Scientist
Senior Scientist IV
Senior Scientist Ill
Senior Scientist I & II
Environmental Scientist
GIS Analyst
CADD
$207.00
150.00
129.84
120.00
1 10.00
100.00
85.00
70.00
65.00
60.00 _.
Environmental Technician
Clerical
50.00
4.5.00
07-1 9-06P04 :OO RCVD
WPB\PROPOSALSVOW\w78\w78 fee sCheduIe.doC
EXHIBIT B
SCHEDA
ECOLOGICAL
ASSOCIATES
INCORPORATED
August 17,2006
Mr. Din0 DeRostaing
Purchasing Agent
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Client List
Dear Mr. DeRostaing,
~
The following lists recent and current clients of the Scheda Ecological Associates, Inc.
West Palm Beach office. We do not believe that any of these client associations pose a
conflict with the City of Palm Beach Gardens:
I
South Florida Water Management District
National Oceanic and Atmospheric Administration
Edwards and Kelcey
Brown and Caldwell
DeAngelo Bros., Inc. DBA Aquagenix
HSA Engineers and Scientists
Erdman Anthony Associates
Stanley Consultants
Jacobs Civil, Inc.
The following are clients with our Tampa office:
URS Corporation
US Army Corps of Engineers
Vanasse Hangen Brustlin, Inc.
Vanus, Inc.
Volkert & Associates, Inc.
Wade-Trim
5892 E. Fowler Avenue . Tampa, Florida 33617
TEL 1813.989.9600 . FAX 1813.989.9670
6151 Lake Osprey Drive, Ste 324; Sarasota, FL 34240 1486-E Skees Road .West Palm Beach, Florida 3341 1
TEL I 561.689.9198 .FAX I 561.688.9005 TEL 1941.373.1547 FAX I941.373.1401
Wal Den Green Developers, Inc.
Water Resource Associates, Inc.
W a t e tfo rd Con s t r u ct i o n & De ve I o p m e n t
West Coast Partners
Westbriar Developemet
Weston Solutions
Wilbur Smith Associates
Williams Hatfield & Stoner
Williams-Russell and Johnson, Inc.
Wilson Miller, Inc.
Woodroffe Corporation Architects
WRS Infrastructure & Environment, Inc.
York Bridge Concepts
Zoller, Najjar & Shroyer, Inc.
If you have any questions or concerns, please do not hesitate to contact me at 561 689-
9198. Thank you.
Sincerely,
Scheda Ecological Associates, Inc.
Lauren Linares
Senior Scientist
5892 E. Fowler Avenue . Tampa, Florida 33617
TEL I 813.989.9600 . FAX I 813.989.9670
6151 Lake Osprey Drive, Ste 324; Sarasota, FL 34240 1486-E Skees Road .West Palm Beach, Florida 3341 1
TEL 1941.373.1547 FAXI 941.373.1401 TEL I 561.689.9198 .FAX I 561.688.9005
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Dunkelberger Engineering & Testing, Inc. (hereinafter referred to as CONSULTANT),
whose address is 1225 Omar Road, West Palm Beach, Florida 33405.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY’S consultant pursuant to Section 287.055,
Florida Statutes, for professional geo-technical analysis services on a non-exclusive
basis: and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of three (3) years commencing on
October 1, 2006, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004 and its response thereto, which time and expense
rates are attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANT’S fees based on the rates stipulated
in Exhibit A, attached hereto and incorporated herein, unless otherwise provided for in
such Work Authorization.
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
2
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 IN DE M N IF I CATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 I N D EM N I F I CAT1 0 N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
3
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY’S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAl LAB I LlTY OF FU N DS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY’S RES PONS I BI LIT1 ES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
4
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 16 NON-DISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
5
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVE RABl LlTY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT IO N
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
6
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation’ certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (I)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
I
ARTICLE 26 NOTICE I
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
7
I 1
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail Inc.
Palm Beach Gardens, Florida 33410
Attention: Comm. Svcs. Administrator
Dunkelberger Engineering & Testing,
1225 Omar Road
West Palm Beach, Florida 33405
Attn: M.J. O'Connor, Executive Vice
President
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
I Services of the CONSULTANT shall be under the general direction of the COMMUNITY
representative during the term of this Agreement unless the Services are related to
ADMINISTRATOR or her designee, who shall act as the CITY'S representative during
the term of this Agreement.
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
I '
I 1
I ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: Michael J. O'Connor, Executive
Vice President, Principal-in-Charge.
I
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
8
RTICLE 30 co IFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit B, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT’S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT’S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY’S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
I (The remainder of this page left intentionally blank)
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
WITNESSES:
\\Pbgsfile\Attorney\attorney-share\AGREEMENTS\CCNA Agreement - Dunkelberger.doc
10
EXHIBIT A
ATTACHMENT A
DUNKELBERGER ENGINEERING & TESTING. INC .
Geotechnical Services . Unit Fee Schedule
2006
A . Professional and Technical Hourly Rates (I)
A1 . Principal Engineer ................................................................................. O.OO/hour
A3 . Construction Services Manager $105 OO/hour
A2 . Senior Engineer/Geologist/Threshold (P.E.) ..................................... $120.00/hour
A4 . Project EngineedGeologist ................................................................ $ 95.00/hour
A5 . Laboratory Manager ........................................................................... $ 85.00/hour
A6 . Threshold Inspector ............................................................................ $ 75.00/hour
A7 . Staff Engineer/Geologist .................................................................... $ 75.00/hour
A9 . Senior InspectorNelding Inspector ................................................... $ 75.00hour
A10 . Senior Technician .............................................................................. $ 65.00/hour
All . Engineering Technician .................................................................... $ SS.OO/hour
A12 . CADD/Graphics ................................................................................ $ 5O.OO/hour
A13 . Technical Secretary ........................................................................... $ 45.00/hour
......................................................... .
........................................... . A8 . Specialist TechniciadWelding Inspector $75 OOhour
B . Laboratory Testing (2)
B1 .
B2 .
B3 .
B4 .
B5 .
B6 .
B7 .
Concrete
Unit Weight Concrete ......................................................................... $ 30.00/each
Compressive Strength Concrete Cylinders ......................................... $ lS.OO/cylinder
Concrete Yield .................................................................................... $ 50.00/each
Compressive Strength Grout Prisms .................................................. $ 25.00/each
Compressive Strength Mortar Cubes .................................................. $ 25.00/each
Fineness Modulus ............................................................................... $ 60.00/each
Trim, Cap Cure and Test - Cores ........................................................ $ 80.00/each
PavementIAsphalt
B8 . Soil-Cement Mix Design ..................................................................... $300.00/sample
B9 . Compressive Strength Soil - Cement
B1 1 . Asphalt Marshall Stability & Flow .................................................... $150.00/each
B12 . Asphalt Density - Pills or Cores ........................................................ $ 35.00/each
................................................... $1 80.00/3 pill set
...................................................... B 10 . Asphalt Extraction and Gradation $1 50.00/sample
soils
B 13 . Standard or modified Proctor ............................................................ $100.00/test
B 14 . Lirnerock Bearing Ration .................................................................. $300.00/test
B16 . Organic Content ................................................................................. $ 35.00/test
B18 . Sieve #200 wash ................................................................................ $ 35.00/test
B 19 . Myrdometer Analysis ........................................................................ $100.00/test
B20 . Atterberg Limits ................................................................................ $ 85.00/test
B21 . Permeability Test - Sand ................................................................... $175.00/test
............................................................................... B 15 . Moisture Content
B 17 . Sieve Gradation
$ lO.OO/test
$ 60.00/test .................................................................................
. .......................................................... B22 Permeability Test - silt/clay $325.00/test
ATTACHMENT A
DUNKELBERGER ENGINEERING & TESTING. INC .
Geotechnical Services . Unit Fee Schedule
2006
(Continued)
C . Equipment Rental and Use Charges
c1
c2
c3
c4
c5
C6
c7
C8
Nuclear Density Gage ......................................................................... $ 50.00/day
Air Meter ............................................................................................. $ 25.00/day
Coring Equipment ............................................................................... $ 250.00/day
Pile Load Test - gages, beams and level ............................................. $lOO.OO/test
Micro -$ Meter .................................................................................... $5O.OO/day
Penetrometer ........................................................................................ $ 20.00/daay
OVA Meter .......................................................................................... $1 75.00/day
Centrifual Pump ................................................................................... $150.00/day
C9 . Submersible Pump ............................................................................... $25O.OO/day
C 1O.Vehicle Use ......................................................................................... $ . 50/mile
D . Soil Drilling and Field Testing
D1 . Drill Rig Mobilization . Truck Mounted ........................................... $ 350.00/L.S.
D2 . Drill Rig Mobilization - ATV Mounted ............................................. $5OO.OO/L.S.
D3 . Drill Rig Mobilization - Ovenvater .................................................... TBD
D4 . SPT Borings 0 to 25 feet ..................................................................... $ 12.00/L.F.
D5 . SPT Borings 25 to 50 feet ................................................................... $ 14.00/L.F.
D6 . SPT Borings 50 to 100 ........................................................................ $ 19.00/L.F.
D9 . Casing 0 to 50 feet ............................................................................... $ 6.00/L.F.
D10 . Casing 50 to 100 feet .......................................................................... $ 8.00/L.F.
D11 . Auger Borings .................................................................................... $ 10.00/L.F.
D12 . Rock Core/Shelby Tubes/Special ty .................................................... TBD
D 13 . Mileage for Rig and Support Truck ................................................... $
D14 . Non-environmental observation wells 2 inc ....................................... $ 30.00/L.F.
D15 . Locking covers and pads ....................................................................... O.OO/each
D 16 . Difficult AccedStandby ................................................................... $175 .OO/ri g-hour
D17 . Double Ring Infiltrometer Test (DRIT) ............................................. $5OO.OO/each
D18 . Borehole Permeability Test (BHP) + drilling .................................... $250.00/each
D7 . Borehole Grouting 0 to 50 feet ............................................................ $ 4.00/L.F.
D8 . Borehole Grouting 50 to 100 feet ........................................................ $ 6.00/L.F.
. 65/mile
Notes:
(1) All hourly rates. portal to portal West Palm Beach Office . Overtime and holidays billed
at 1.5 times stated rate .
(2) All sample acquisition and transport billed in addition at stated rates .
All rates valid for 12 months and then subject to escalation as permitted by the City .
-2-
I I I-
EXHIBIT B
I Proposal No. P-06-23-5772
PGA National, Coventry Lane
Legends at the Gardens
LIST OF CURRENT CLIENTS
IN THE JURISDICTION OF PALM BEACH GARDENS
Pavement coring
Multi-family inspections
E.H. Building Group 11
Frenchman’s Creek
AdministrationErnergency Operations
SFRN, Inc.
testing
Construction materials
Centex
Building
Donald Ross Gas Station
Citigroup
testing
Construction materials
testing
-~
SFRN, Inc.
Paloma (a.k.a. Parcel 3 1 B)
Elmore Residence Addition
Elevated Water Tank, Seacoast Utility
Authority
Shapiro Pertnoy Companies
Construction materials
testing
Soil testing
Pile load test and
monitoring and
certification of
production piles ..
~~ ~
Hardrives, Inc.
Frenchman’s Creek P.O.A.
Old Palm Beach Golf Club
NPBClD Control Structure OS-2
REG Architects
Taycon Construction
Construction materials
testing
Construction materials
M/I Homes
Modification, Unit of Development No. 2A
Ethan Allen Store
-~ ~
Savasort
testing
Construction materials
testing
CB&I Constructors
House Additions, PGA National
Shepard Office Building
Keshavarz & Associates, Inc.
.- L....
Construction materials
testing
Construction materials
testing
Mock, Roos & Associates,
Inc.
Terracon Consultants, Inc.
Kerico Builders
First Construction of the Palm
Beaches, Inc.
Simmons & White
Steve Lobeck
-. Report - PGA National, Mirasdl; Eastpointe,
and Palm Beach Country Estates
Jonathan T. Ricketts, Inc. Geotechnical
E.H. Building Headquarters Subsurface and
foundation studv
Citibank Commercial Bank Private provider plan I review
PGA National Golf Course Lake Dredge and I Sediment quality
testing -. . .
Golf Course Maintenance Facility, [ Construction materials
Champion Residence Addition Construction materials I tpctino
12244 Hillman Drive Construction materials I *,,*:.., 1 ~G~llll~
GI60 Secondarv Impacts Study, Phase 1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 29,2006
Meeting Date: October 19,2006
SubjedAgenda Item:
Charter Review Committee Final Report
[] Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
City Attorney d
M atricia Snider, City Cler
City Mhager/
Originating Dept.:
City Council Request
Advertised:
Date:
Paper:
Mected parties
[ ] Notified
/-
[ ]Not required
$-
Current FY
Budget A&.#:
Council Action:
[ ]Approved
[ ]Approvedwl
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Resolution 124,2005
0 Resolution 183,2005
Charter ReviewCommittee
Final Report submitted
May 1 1,2006
city ch3rkr
[ ]None
Date Prepared: September 29,2006
Meeting Date: October 19,2006
BACKGROUND:
a
a
a
a
a
a
a
a
a
a
a
a
On August 18,2005 the City Council adopted Resolution 124,2005, creating the 2005
Charter Review Committee, providing that the Committee would consist of seven (7)
regular members.
On November 17,2005, the City Council approved a motion to amend Resolution 124,
2005 to add two additional members to the Committee increasing the membership to
nine (9) regular members adopting Resolution 183,2005.
During regularly scheduled meetings held on the second Mondays of each month the
Committee reviewed the terms and provisions of the City of Palm Beach Gardens
Charter and submitted written recommendations to the City Council concerning
proposed amendments to the Charter completing the duties assigned to them by the
City Council.
During the June 12,2006 Charter Review Committee meeting, there was consensus that
since all sections within the Charter have been completely reviewed, there would be no
need to reconvene unless otherwise direct by Council and the preliminary report dated
May 11,2006 would serve as the final report to the City Council.
The timeline has passed for any of the Committee’s recommendations to be brought to
a referendum vote in November; therefore, ballot language could be prepared for the
next election in March 2007.
If it is the desire of Council to move forward with proposed changes to the charter the
following timeline would be in effect:
December 21,2006 - first reading of Ordinancds)
January 18,2007 - second reading and adoption of Ordinance@)
February 9,2007 - ballot language due to the Supervisor of Elections Ofice.
The following are the proposed Citizens’ Committee changes to the City Charter:
1. Article IV - City Council - Page 2 of report.
2. Section 5-2 - Page 2 of report.
3. Article VI - Administration as Council-Manager Government Page 3 of report.
4. Article VII - Merit System - Page 3 of report.
5. Article VIII - Department Heads -Page 3 of report
6. Article Cy - Appointment, Powers and Duties of City Officers - Page 3 of
report.
7. Article XVIII - Ordinances and Resolutions - Page 4 of report.
Once City Council determines if any changes will be presented to the residents, the
ordinance or ordinances submitting the revisions to referendum will be prepared.
STAFF RECOMMENDATION: staff will await direction from Council.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
-.46
Date prepared: Avagt 17.2005
RESOLUTION 124,2005
A RESOLUTION OF THE CITY COUNCIL of THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING THE 2005 CHARTER
REVfEW COMMITTEE; PROVIDING A PURPOSE, POWERS AND
DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, sedion 22-1 of the Charter of the City of Palm Beach Gardens
provides: “As often as the council may deem necessary, but in any event, not less
frequently than every five years, the terms and provisions of this Charter shall be
reviewed.”; and
WHEREAS, on April 6, 2000, the City Council created a Charter Review
Committee which presented its recommendations to the City Council resutting in
proposed Charter amendments, which were presented to the electors of the Crty on
March 6,2003; and
WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council
may, by resolution, create a committee whose purpose is to advise the City Council on
an item of a special nature and whose creation is for a stated period of time, at the end
of which time the committee will no longer exist; and
WHEREAS, Section 2-83, Code of Ordinances, further provides that the
resolution creating such committee shall specify the purpose, powers, and duties of the
committee, and shall specify the number, qualifications, and terms of office of the
members thereof; and
WHEREAS, the Ci Council has deemed it to be m the best interest and public
welfare of the citizens of the City of Palm Beach Gardens to establish a Charter Review
Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTlON 1, The foregoing recitals are hereby aftirmed and ratified.
SECTION 2. Creation.
There is hereby created the 2005 Charter Review Committee. This Committee
shall remain in existence until November 7, 2006 and shall stand dlssohred on that date
unless reviewed and extended by Resolution of the City Council.
.
OgteReparad: August 17,2005
ResoMi~l124.2005
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 3. Purpose.
The primary purpose of the 2005 Charter Review Committee is to review the
terms and provisions of the Clty of Palm Beach Gardens Charter and to make written
recommendations to the City Council concerning any proposed amendments thereto
deemed appropriate and advisable according to the following schedule:
Preliminary report due: April 1,2006
Final report due: July 1,2006
SECTION 4. Powers and Duties.
The Committee shall have the following powers and duties:
(1) Review the terms and provisions of the City Charter.
(2) Prepare and submit recommendations to the City Council.
(3) Attend meetings and provide advice to the City Council upon request.
SECTION 5. Membership.
(a) The committee shall consist of seven regular members.
(b) Members of the committee shall have knowledge of municipal functions,
municipal charters, the Florida Constitution, and the Florida Statutes
pertaining to municipal law. Appointments shall be made by the Crty
Council based on experience and interest. There shall be no residency
requirement to serve on this Committee.
SECTION 6. Meeting8.
Meetings shall be at the call of the chairperson, provided the committee shall
convene no less often than Mlve times per year.
SECTION 7. This Red~tnm shall become effective immediately upon adoption.
2
Date Prepared: August 17.2005
Resolution 124,2005
1
2
PASSED AND ADOPTED this 18~ day of &pW , 2005.
3
4
5
6
7
9
a
10 ATTEST:
44 11
12
13 BY:
14
15
16
17 APPROVED AS TO FORM AND
1 a LEGAL SUFFICIENCY
19
20
21 BY:
22 Christine P. Tatum, City Attorney
23
24
25
26
27 VOTE:
28
29 MAYOR RUSSO
30
31 VICE MAYOR JABLIN
AYE NAY ABSENT
L--
J 32
33 COUNCILMEMBER LEVY ---
/-
34
35 COUNCILMEMBERVALECHE -L_-
36 / 37 COUNCILMEMBER BARNETT ---
38
39
40
41
42
43
44
45
46 47 G:bttomey_share\RESOLUT1ONS\Charter review Canmittee - reso 124 2005.doC
3
J"
1 RESOLUTION 183,2005
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SECTION 5. Membership.
37
38 I 39
40
41
42
43
44
45
46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RATIFYING AN AMENDMENT TO
RESOLUTION 124, 2005 WHICH CREATED THE 2005 CHARTER
REUiEW COMMiTTEE; AND PROVlDiNG AN EFFECTIVE DATE.
WHEREAS, on August 18,2005, the City Council adopted Resolution 124,2005,
WHEREAS, Resolution 124,2005 provided that the Committee would consist of
WHEREAS, on November 17, 2005, the City Council approved a motion to
amend Resolution 124,2005 to add two additional members to the Committee; and
WHEREAS, on November 17, 2005, the City Council appointed nine (9)
members to the Committee; and
WHEREAS, the City Council has deemed it to be in the best interest and public
welfare of the citizens of the City of Palm Beach Gardens to approve this Resolution
formally ratifying the vote taken on November 17,2005.
creating the 2005 Charter Review Committee; and
seven (7) regular members; and
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 amendment to Section 5 of Resolution 124,2005 approved by
motion on November 17,2005, is hereby ratified as set forth below:
(a) The committee shall consist of ww+nine regular members.
(b) Members of the committee shall have knowledge of municipal functions, municipal charters, the Florida Constitution, and the Florida
Statutes pertaining to municipal law. Appointments shall be made by
the City Council based on experience and interest. There shall be no
residency requirement to sewe on this Committee.
SECTION 3. This Resolution shall become effective immediately upon adoption.
a
Date Prepad: December 1,2005 Resolution 183,2005
1 PASSED AND ADOPTED this I* day of beced3eie ,2005.
2
3
5
6 7 BY:
8
4 CITY OF PALM
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
1’ ATTEST:
BY:
Patricia Snider, CM , City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -7 AYE NAY ABSENT
/ MAYOR RUSSO ---
/ VICE MAYOR JABLIN ---
/ COUNCILMEMBER LEVY ---
/ COUNCILMEMBERVALECHE ---
J COUNCILMEMBER BARNETT ---
2
MEMORANDUM
TO: Mayor Joe Russo
Vice Mayor Jody Barnett
Members of the City Council
FROM: Len Rubin, Chairman
Charter Review Committee
RE: Charter Review Committee Preliminary Report
DATE: May 11,2006
cc: Charter Review Committee Members
(Paul Auerbach, Thomas Baird, Terry Brady, David Clark, Gary Fields,
Warren Freedman, Tim Frohling, Don Kiselewski)
Ron Ferris, City Manager
Patty Snider, City Clerk
At the request of the City Council, the Charter Review Committee is providing this
Preliminary Report. The purpose of this Report is to present a general overview of the
Committee’s recommendations. Naturally, once the City Council determines what, if
any, changes will be presented to the residents, the ordinance or ordinances submitting
the revisions to referendum will need to specify the precise changes to the wording.
The Committee took its role very seriously and worked diligently to provide the City
Council with a comprehensive list of proposed amendments. Additionally, the
Committee entertained pubric comment at its meetings and carefully considered the
recommendations of each resident who took the time to address the committee.
Having completed its preliminary review, the Committee’s recommended changes are
as follows:
Article 111 - Form of Government
After much discussion and debate, the Committee is not recommending any changes to
the City’s form of government.
The Committee rejected a change from the council-manager to a strong mayor form of
government. Additionally, the Committee, by a majority vote, rejected: (1 ) electing the
mayor independently from the remainder of the Council Members; (2) dividing the City
into districts; and (3) extending the terms of the Council Members from three to four
years. The general consensus among the members of the Committee, and the
Page 1 of 4
residents attending the meetings, was that the current form of government functioned
well and there was no pressing need for a change.
Article IV - The City Council
The committee is recommending two significant changes regarding the City Council.
First and foremost, the Committee recommends eliminating the five existing "groups."
Rather, the Committee believes that the members of the City Council should be elected
by plurality, with the candidates receiving the highest number of votes being elected to
the number of vacant seats. For example, if the terms of two members are expiring, the
residents of the City would be able to vote for two of the qualified candidates and the
two candidates receiving the highest number of votes (whether receiving a majority or
not) would be elected to the City Council. The Committee believes that this method
would curtail the negative campaigning that has greatly escalated during the last few
elections because each candidate would be required to promote his or her own
qualifications rather than attacking his or her opponents. This method would also
eliminate the need for multiple run-offs. The only time a run off would be necessary
would be when there is a tie vote.
Second, the Committee is recommending that a person appointed to fill a vacancy on
the City Council in accordance with Section 4-4 should be able to serve for up to one
year. Currently, the City is forced to hold a special election if more than 180 days
remain until the next general election of the City. The Committee considered, but
rejected, barring the person appointed to the City Council from qualifying to run for a
seat at the next general election.
Article V - General Powers
The Committee is recommending that Section 5-2 of the City Charter, enumerating the
specific powers of the City, be deleted in its entirety.
In accordance with Section 166.021, Florida Statutes, and Article VIII, section 2(b) of
the Florida Constitution, the City has "the governmental, corporate, and proprietary
powers" to enable it "to conduct municipal government, perform municipal functions,
and render municipal services" and may "exercise any power for municipal purposes,
except when expressly prohibited by law." The provisions of the Municipal Home Rule
Powers Act secure for every municipality the broad exercise of home rule powers and
removes any limitations not expressly prohibited by the Florida Constitution, general or
special law, or county charter. Any limitation of such power set forth in a municipal
charter, other than those specifically set forth in the statute, are rendered null and void.
Based on the foregoing, there is no need to delineate the specific powers of the City
within the Charter.
Page 2 of 4
Article VI - Administration as Council-Manager Government
The Committee has a number of recommendations with respect to those provisions
governing the City Manager and the City Attorney.
With respect to Section 6-1 (City Manager), the Committee recommends:
The City Manager be required to establish a standard line of succession in his or her
absence so that there will be no question who is in charge when the City Manager is
unavailable or on a temporary leave of absence. This line of succession may be
revoked or altered by the City Council.
The existing language governing suspension or removal of the City Manager be
deleted and the Charter merely state that a majority of the members of the City
Council may suspend or remove the City Manager in accordance with the provisions
of his or her contract.
The City Manager’s ability to retain specialized professional services be curtailed to
exclude the appointment of special legal counsel (as provided below).
With respect to Section 6-2 (City Attorney)
0 The City Attorney, and not the City Manager, should have the sole authority to
recommend the appointment of speaal counsel to act as legal advisors to the City
Council, City Manager and City departments with the approval of the City Council.
Delete that provision allowing the City Attorney to appoint assistant city attorneys as
may be approved by the City Manager.
Article VI1 - Merit System
The Committee recommends that this section be revised to allow the City Manager to
provide for the creation and regulation of the personnel system to be adopted by
resolution as opposed to ordinance.
The Committee also recommends that the title of this Article be changed to Personnel
System and that section 7-1 and 7-2 be placed in reverse order.
Article Vlll - Department Heads
The Committee recommends that Section 8-1 be amended to specifically provide that
the City Manager appoints all department heads subject to confirmation by the City
Council.
Article IX - Appointment, Powers and Duties of City Officers
The Committee recommends that Section 9-3 be deleted in its entirety because the
position of “City Treasurer” no longer exists.
Page 3 of 4
Article Xvlll - Ordinances and Resolutions
The Committee recommends that Section 18-1 be deleted in its entirety. This section
mirrors a prior version of Section 166.041, Florida Statutes, and is more onerous than
the current version of the statute. For example, Section 166.041, Florida Statutes, only
requires that notice of the City’s proposed adoption of an ordinance be published ten
days before the adoption date. The City Charter currently requires fourteen days and
therefore precludes consideration of an ordinance at successive meetings without pre-
advertising. The remaining procedures set forth therein are covered by the Florida
Statutes.
Due to time constraints, the Committee is providing this Preliminary Report based on
the discussions and decisions reached during the past five months. While each
Committee member has been provided a copy, the Committee has not had an
opportunity to formally adopt this Report. It plans to do so at its June 12, 2006 meeting.
On behalf of each of the Committee members, thank for your time and consideration.
Page 4 of 4
Sec. 1-1.
Sec. 1-2.
Set. 1-3.
sec. 2-1.
Sec. 3-1.
Sec. 4-1. sa. 4-2.
Sec. 4-3.
Sec. 4-4.
Sec. 5-1.
Sec. 5-2.
Sec. 6-1.
Sec. 6-2.
Sec. 6-3.
Sec. 6-4.
S~C. 7-1.
SEX. 7-2.
PART I
CHARTER*
Article I: "hdtion Schedule
ordinaneeam.
Righta of officers and employees.
Pending matters.
Article lIk Form of Government
Form ofgovernment.
Article lv: Tbe city council
Election; terms, general elections; filing feee, notice; -off elections.
Oath of office.
organieation meeting, election of mayor and vice-mayor.
Vacancy.
ArticleV. GendPowers
Authority under state law.
specificpowera.
Article VI: Administration as Council-Manager Government
City manager.
City attorney.
Powers and duties of city manager.
City manager has full control over administrative service.
Article VIE Merit System
Merit principle.
Personnel system.
*Editor's note-F3inted herein is the Charter of the City of Palm Beach Gardens, as
adopted by Ordinance Number 26,1975 on January 29,1976. and effective on March 16,1976.
Amendments to the Charter are indicated by parenthetical history notes following amended
provisions. The absence of a history note indicates that the provision remains unchanged from
the original Charter. Obvious misspellings have been corrected without notation. For stylistic
purposes, a uniform system of headings, catchlines and citations to state statutes has been
used. Additions made for clarity are indicated by brackets.
State law referenc-MUniCipal home rule powers, F.S. ch. 166.
Supp. No. 2 cm.1
PALM BEACH GARDENS CODE
sec. ai.
Sec. 8-2.
Sec. 9-1.
S~C. 9-2.
Sec. 9-3.
sec. 10-1.
Sec. 10-2.
Sec. 12-1.
Sec. 12-2.
sec. 13-1.
[sec.] 151.
Sec. 16-1.
Sec. 17-1.
See. 17-2.
Sec. 18-1. sec. 1a2.
set. 183.
Sum. No. 2
Article Vm: Department Heada
Salary, duties, powm and complaint.
Compensation of mayor and council members.
Article DL. AppOintment, Powere and Dutiem of City Omm
Powem and duties ofthe mayor.
Powera and duties of the city clerk.
Powera and duties ofthe city treammr.
ArticleK. ~ofcaancilman
Rocedure.
Incumbent officer to turn over Tecarde to B~CCB~BOT.
Article XI% Creation of City OfEceq Rands of City Employees
creaticm OfoffiaB.
Bonds of employees.
Ar$icktXm: AnnarlAudit
Preparation and publication.
ArtieleXV: TheRecill
Mayor, any councilman or any elected ~Bcial may be recalled.
Article XVk Initiathm and Referendum
Paseage or repeal of ordinance; petition; pmcedure.
ArticleXVXk Eldona
Regulation by ordinance.
Qualification of electors.
m2
CHARTER
Sec. 18-4. Posting or publication of ordinances.
SW. 18-5. Fran~hi~e~.
Article= Reserved
Article XXII: Charter Amendment
Sec. 22-1. charterreview.
Supp No. 2 cm.3
CHARTER 9 2-1
Section 1-1. Ordinanceapremwved.
All ordinances in effect upon adoption of this Charter, to the extent not inconsistent with
it, shall remain in full force and arect until repealed or changed an provided herein.
Section 1-2. Rights of ofticern and employees
Nothing in this Charter except as ofherwise specifically provided shall affect or impair the
rights or privileges of persans who are city officers or employees at the time of adoption.
Elected officials shall continue to hold their aces and discharge the duties thereof until their
successors are duly elected.
Section 1-3. Pendingmattera
All rights, claims, actions, &em, arntracte and legal or adminiatra tive proceedings
involving the city shall continue except as modified pursuant to the provisions of this Charter.
Section 2-t Boundan 'ea
That the temtorial limits, boundary linea and atea ofthe City of Palm Beach Gardens,
Palm Beach County, Florida, a municipal corporation organized and existing under the laws of
the State of Florida be and the same are defined, fixed, determined and established as follows:
Commencing at the quarter section comer in the north line of Section 19, 'Ibwnship
42 South, Range 43 East, Palm Beach County, Florida; thence easterly, along the north
line of mid Section 19, a distance of 331.80 fed to a point, theme southerly, making an
angle with the preoediag course of 90 degrees, 02 minutes, 10 seconds when measured
hm west to muth, a distance of 75.00 feet to the point of beginning of the lands to be
herein desrribed, thence continue southerly, along the previously described course, a
distance of 2,855.59 feet more or less to a point on the westerly right-of-way line of the
Central or Southern Florida Flood Control District Canal C-17 as now laid out and in .use;
thence southwesterly and southerly, along the westerly right-of-way line ofthe said Canal
C-17, to a point on the south line of said Section 19; thence easterly along the south line
of said Section 19, to the southeast corner of said Section 19; thence northerly along the
east line of said Section 19, to the northeast comer of said Section 19; thence northerly,
along the east line of Section 18, 'Ibwnship 42 South, Range 43 Ea&, Palm Beach County,
Florida, to the northeast corner ofthe southeast onequarter ufthe southeast onequarter
of said Section 18; thence weeterly, along the north line of the southeast onequarter of the
southeast onequarter of said Section 18, to the southead comer of the southwest
onequarter ofthe northeast onequarter of the southeast onequarter of said Section 18;
thence northerly, along the east line of the southweat onequarter of the northeast
onequarter of the southeast onequarter of said Section 18, to the northeast comer of the
0 0 2-1 PALM BEACH OENS CODE
southwest one-quarter ofthe nmthemt anegtrartsr ofthe -an- of said
Section 18; then- westerly, along the north line of the dwe& onquarter of the
northeaet one-quarter of the aouthemt mequartm of said Seetian 18, to a point on the
easterly right-of-way line of the previuusly described Canal C-17; thence northerly and
northeagterly,dongtheeasterlyright-of-waylineofd CanalG17,toapointontheeast
line of said Section 18; thence northerly, along the east line of Baid Section 18 to the
northeast comer of said Section 18; thence easterly, along the muth line of Section 8,
'R)wnsKp 42 South, Range 43 Eaet, Palm Beach County, Florida, to the southeast corner
of the west one-half of the southeaat on- of the southwest onequarter of the
southwB8t onequarter of said Section 8; thence northerly, along the east line ofthe west
one-half of the southeast onequarter of the southwest onequartet of the aouthwest
onequarter of said Section 8, to the northeget corner ofthe west onehalf ofthe southeast
onequarter ofthe aouthweat aneguarter of the southwest onequarter of said Section 8;
thence easterly, dong the muth line of the northead onquarter of the southwest
one-quarter of the southwest onequarter of said Section 6, to the southeast corner ofthe
northeast onequarter of the southwest onquarter of the eouthwest onequarter of said
Section 8; thence northerly, along the east line of the northeast onequarter of the
southwest onequarter of the southwest onequarter of said Section 8, to the northeast
comer of the northeast onequartm of said Section 8; thence easterly, along the muth line
of the southwest mequmter of the northeaet one-quarter ofthe southwe& oneqmrter of
said Section 8, to the southeast comer of the eouthwest onequarter of the northeast
onequarter of the southwest onequarter of said Sectitm 8; thence northerly, along the
east line of the muthwest onequarter ofthe northeast onquarter of the southwest
onequarter of said Section 8, to the northead corner ofthe southwest onequarter ofthe
northeast one-quarter of the southwest mequartm of said Section 8; thence ea&&,
along the south line of the northeast mequarter of the northeast onequarb of the
southwest onequarter of said Section 8, to a poiat on a line lying 260.00 feet wenhrlybt
when measured at right angles, and paralleled with the north-south quarter section line
of said Section 8; thence northerly, along the said parallel line, to a point on a line lying
north of and parallel with the south line of the muthead onequarter of the southeast
onequarter of the northwest mequarter of eaid section 8; thence easterly, almg the said
parallel line to a point on the north-math quarter don line of said Section 8, said point
being 3,087.80 feet north of the south line of edd Won 8, as measured dong the
north-south quarter section line ofsaid Section 8; thence northerly, along the northsouth
quarter section line of said Section 8, to the northeast mer af the south me-half of the
northeast onequarter of the southeast onequark ofthe northwest One-qUarter af eaid
Section 8; thence westerly, along the north line of the Bo\lth onehalf of the northeast
one-quarter ofthe southeast onequarter ofthe northwest on- of said Section 8, to
the northwest corner of the south one-half of the northeast onequarter of the southeast
one-quarter of the northwest onequarter of said section 8; thence northerly, along the
east line of the west one-half of the east one-half of the northwest onequarter of said
Section 8, to the noTthe88t corner oftbe west me-half ofthe east me-half ofthe northwest
one-quarter of said Section 8; thence ea&&, along the north line of said Section 8, to a
0
0
CHARTER 9 2-1
point on the southerly extension of the easterly right-of-way line of Prosperity Farms
Road, a county road, as now laid out and in use; thence northerly, along the southerly
extension of the easterly right-of-way line of said prosperity Farms Road and the easterly
right-of-way line ofthe said Prosperity Farm[s] Road to a point on a line, lying 210.00 feet
north of, when measured at right angles, and parallel with the south line of the northwest
onequarter of the northwest onequarter of the southeast onequarter of Section 5,
'lbwnship 42 South, Range 43 East, Palm Beach County, Florida; thence eaeterly, along
the said parallel line, to a point on the west line of the west onehalf of the northeast
onequarter dthe northwest onequarter ofthe muthead onequarter ofeaid Section 5;
thence southerly, along the west line of the west one-half of the northeast onequarter of
the northwest onequarter of the southeast onequarter of said Section 5, to the southwest
comer of the west one-half of the northeast aaeQuarter of the northwest onequarter of
the southeast onequarter of said seetion 5; thence easterly, along the south line of the
west one-half of the northeast onequarter of the noxthwest mequarter of the southeast
onequarter of said Section 5, to the sautheest corner ofthe west mehalfofthe northeast
onequarter of the northwest oneQu8Tter of the southeast onequarter of said Section 5;
thence northerly, along the east line of the west one-half of the northeast onequarter of
the northwest onequarter afthe aoutheast onequarter of said Section 5, to a point on the
southerly rij$W-way line of RGA. Boulevard (S.R. No. 74) (formerly Shriner Drive) as
recorded in Road Plat Book 3, pages 120 - 1Z inclusive in and for the public records of
Palm Beach Come, Florida; thence easterly, along the southerly right-of-way line of the
said P.G.A. Boulevard (S.R. No. 74), to a paint on the westerly right-of-way line of the
Intracoastal Waterway, aa recorded in Plat Book 17, page 29, in and for the public records
of Palm Beach County, Florida; thence easterly, in a straight line, to the point of
intersection of the easterly right-of-way line of the said Intracoa~tal Waterway and the
southerly right-of-way line of the said P.GA Boulevard (S.R. No. 74); thence easterly,
along the mtherly rightsf-way line of the said P.G.A. Boulevard (S.R. No. 741, to a point
on a line 33.00 feet west of, when measured at right angles, and parallel with the east line
of said Section 5, said parallel line being the westerly right-of-way line of EllisomWilson
Road (a county road); thence southerly, along the said parallel line and the westerly
right-of-way line of the said Ellieon-Wilson Road, to a point on a line 10.00 feet south of,
when measured at right angles, and parallel with the north line of Lot 4, according to the
plat of Fowler's Subdivision, as recorded in Plat Book 22, page 31 in and for the public
records of Palm Beach County, Florida; thence westerly, along the said parallel line to a
point on a line 100.00 feet west of, when measured at right angles, and parallel with the
east line of said Lot 4; thence northerly, along the said @le1 line, to a point on the north
line of said Lot 4; thence westerly, along the north line of said Lot 4 and the north line of
Lot 5, according to the said plat of Fowler's Subdivision, to the northwest comer of said Lot
5; thence southerly, along the west line of said ]Lot 5, to the southwest comer of said Lot
5; thence easterly, along the south line of said Lot 5, the south line of said Lot 4 and the
easterly extension of the south line of Said Int 4, to a point on a line 33.00 feet east of,
when measured at right angIes, and parallel with the west line ofsection 4, !lbwnship 42
South, Range 43 East, Palm kh County, Floxida, said parallel line being the easterly
cm7
9 2-1 PALM BEACH GARDENS CODE
right-of-way line ofthe aforedescribed Ellison-Wilson Road; thence northerly, along the
said parallel line and the easterly rightd-way line of the said Ellison-Wilson Road, to a
point on the southerly right-of-way line of the doredescribed P.G.A. Boulevard (S.R. No.
74); thence Wrly, along the southerly righhf-way line of the said P.G.A. Boulevard
(S.R. No. 741, to a point on a line 400.00 feet west ofthe weate!rly right-of-way line ofthe
Federal Highway U.S. No. 1 (S.R No. 5) as laid out and in use, as meaaured along the
southerly right-of-way line ofthe said €?GA Boulevard (Sa No. 74); thence southerly,
parallel with the westerly right-of-way line of the said Federal Highway U.S. No. 1 (S.R.
No. 51, to a point on a line 100.00 feet south of the north line of Government Lot 7 of said
Section 4, as measured along the said parallel line; thence easterly, parallel with the north
line of said Government Lot 7, to a point on the weeterly righM-way line of the said
Federal Highway U.S. No. 1 (S.R. No. 5); thence southerly, along the westerly rightd-way
line of the said Federal Highwsy US. No. 1 (S.R. No. 5), to a paint on a line 20.00 feet
north of, when measured at right anglea, and parallel with the south line of said
Government Lot 7; thence easterly, along the said parallel line, to a point on the east Iine
of eaid Government Lot 7; thence northerly, along the east line of the said Government Lot
7, to a point on a line 567.70 feet ncnth af, when md at right anglea, and parallel
with the south line of said Government Lot 7; thence westerlp, dong the said parallel line,
to a point on the easterly righhf-way line ofthe said Federal Highway U.S. No. 1 (S.R.
No. 5); thence northeasterly, along the easterly right-of-way line of the said Federal
Highway U.S. No. 1 (S.R. No. 5), to a point 750.00 kt southwesterly as md along
the easterly right-of-way line of the mid Federal Highway US. No. 1 (S.R No. 51, fkom the
north line of said Government Lot 7; thence easterly, along a Iine parallel with the north
line of said Government Lot 7, to the east line ofsaid Government Lot 7; thence northerly,
along the east line of said Government Lot 7, to a point on a line parallel with the north
line of said Government Lot 7; thence westerly, along the said parallel line, to a point on
the easterly right-of-way of the said Federal Highway US. No. 1 (S.R. No. 5). said point
being 600.00 feet southwesterly, as measured along the easterly right-of-way line of the
said Federal Highway US. No. 1 (S.R No. 5), from the north line of said Government Lot
7; thence northerly, along the easterly righhf'way line ofthe said Federal Highway U.S.
No. 1 (S.R. No. 5), to a point on a line 337.96 feet south of, when measured at nght angles,
and parallel with the north line of said Government Lot 7; thence easterly, along the said
parallel line, to a point on the east line of the said Government Lot 7; thence southeriy,
along the west line of Government Lot 6, Section 4, Township 42 South, Range 43 East,
Palm Beach County, Florida, to a point 391.68 feet southerly of, 88 measured along the
west line of said Government Lot 6, the northwest corner of said Gavemment Lot 6; thence
northeasterly, parallel with the easterly right-of-way line ofthe said Federal Highway
U.S. No. 1 (S.R. No. 51, to a point on the southerly righhf-way line of S.R. No. 703, as now
laid out and in use; thence easterly, along the southerly right-of-way line of said S.R. No.
703, to a point on a line 590.73 feet east of, when measured at right angle% and parallel
with the easterly right-of-way line of the said Federal -way US. No. 1 (S-R NO. 5);
thence northeasterly, along the said parallel line, to a point 0n.a line 1,515.96 feet north
of, when measured at right angles, and parallel ~th the east-west onequarter don line
0
0
of said Section 4; thence westerly, along the said parallel lie, to a point on a line 244 feet
east of, when measured at right angles, and parallel with the easterly right-of-way line of
the said Federal Highway U.S. No. 1 (S.R. No. 5); thence southwe8terly, along the said
parallel line, to a point on a line 1,222.55 feet north of, when measured at right angles, and
parallel with the &weat onequarter section line of said Section 4; thence westerly,
dong the said parallel line, to a point on the westerly right-of-way line ofthe said Federal
Highway U.S. No. 1 (S.R No. 5); thence southwesterly, dong the westerly right-of-way
line of said Federal Highway U.S. No. 1 (S.R. No. 5), to the northeast corner of Lot 1,
Bomar Addition as recorded in mat Book 23, page 42, in and far the public reoords ofpalm
Beach County, Florida; thence westerly, along the north line of said Lot 1, a distance of
113.00 feet to a point; thence ~outhwesterly, along a line parallel with the westerly
right-of-way line of the said Federal Highway US. No. 1 (S.R. No. 5), B distance of 100.00
feet to a pine thence westerly, el= a line parallel with the emtiwest onequarter don
line of said Section 4, a distar~ce of 38.91 feet to a point; thence southerly, to a point an the
easbwest onequarter don line of said Section 4, said point being 126.30 feet west of the
westerly right-of-way line of the said Federal Highway U.S. No. 1 (S.R. No. 5), as
measured along the easbwest onequarter section line of said Section 4, said point also
being on the northerly right-of-way line ofthe said PGA Boulevard (S.R. No. 74); thence
westerly, along the northerly right-of-way line of the said P.GA Boulevard (S.R. No. 74),
to a point on a line 33.00 feet east of, when measured at right angles, and parallel with the
west line of said Section 4, said parallel line being the easterly right-of-way line of the
aforedescribed Ellison-Wilaon Rogd; thence northerly, along the said parallel line to an
intersection with the eaaterly extension of the north line of the south 145.00 feet of the
northeast onequarter of Section 5, Township 42 South, Range 43 East, Palm Beach
County, Florida; thence westerly, along the easterly extension of the north line ofthe south
146.00 feet ofthe northeast onequarter of said Seetion 5 and the north line of the south
145.00 feet of the northeast onequarter of said Section 5, to a point on the easterly
right-of-way line of the aforedescribed Intracoastal Waterwas thence southerly, along the
easterly right-of-way line of the said Intracoastal Waterway, to a paint on the northerly
right-of-way of the said P.G.A. Boulevard (S.R. No. 74); thence in a straight line to the
intersection of the westerly right-of-way line of the said Intracoastal Watenvay and the
northerly right-of-way line of the said P.G.A. Boulevard (S.R. No. 74); thence westerly,
along the northerly right-of-way line of the said P.GA Boulevard (S.R. No. 741, to the
easterly right-of-way line of the aforedescribed prosperity Farms Road; thence northerly,
along the easterly right-of-way line ofthe mid Prosperity Farms Road, to a point 1,651.58
feet, more or less, south of the north line of said Section 5; thence westerly, parallel with
the north line of said section 5, to a point on the ea& line of the we&. one-half of the
northwest onequarter of said Section 5; thence northerly, along the east line of the west
one-half of the northwest onequarter of said Section 5, to the northeast comer of the west
one-half of said section 5, to the northeast mmer of the west one-half of the northwest
onequarter of said Section 5; thence westerly, along the north line of said Section 5 to the
northwest comer of said Section 5; thence westerly, along the north line of Section 6,
lbwnehip 42 South, Range 43 East, Palm Beach Come, Florida, and the north line of
9 2-1 PALM BEACH GARDENS CODE
I
Section 1, Townehip 42 Sauth, Range 42 East, Palm Beach Cwnty, Mda, to the
northwest comer of said Section 1; thence eouthedy, along tbe wed line of said Section 1,
to a point an the northerly right-of-way line of €?GA &rulevard (formerly Monet Road), a
county mad, as now laid out and in use; thence weeterly, along the northerly righa-way
line of said RGA. Boulevard and the northerly right-of-way line of the overpam approach
for the Sunehine State Parkway, m now laid out and in use, to a point on the easterly
right-of-way line of the Palm Beach Gardm Interchange to the said Sunehine State
Parkway, as now laid out and in use; thence northerly, along the eaeterly right-of-way line
of the said Palm Beach Gardens Interchange and along the easterly right-of-way line of
the said Sunshine State Parhas said easterly right-of-way line of the said Sunshine
State Parkway behg ale0 the east line of Section 3, Township 42 South, Ranget 42 East,
Palm Beach County, Florida, to the northeast corner of said section 3; thence westerIy,
along the north line of said section 3, to a paint on a line parallel with the weeterly
right.4-way line ofthe mid Sunshine State Parkwax thence southerly, along the said
parallel line, to a point on the northerly right-of-way line of the said PGA Boulevard
(formerly Monet Road), Baid point being 2,085.00 feet west of, as md along the eouth
line of said Section 3, from the southeast comer of said Section 3 and thence northerly at
right angles to the south line of said Section 3, a distance of 30.00 feet; thence westerly,
along the northerly rightsf-way line of said RGA Boulevard (formerly Mand Road), to
a point on the east line of the west onehalf of said Section 3; thence northerly, along the
east line of the we& one-half of said Section 3, to the northeast mer ofthe west onehalf
of said Section 3; thence westerly, along the north line of said Section 3, to the northweat
comer of said Section 3; thence southerly, along the west line of said Section 3, to a point
on the northerly right-of-way line of the said P.GA Boulevard (formerly Monet Road);
thence westerly, along the ndberly right-of-way line of the said P.G.A. Boulevard
(formerly Monet Road), to a point on the west line of Section 4,7bwmhip 42 South, Range
42 East, Palm Beach County, Florida; thence southerly, along the west line of said Sdon
4, the west line of Section [sic], 'Ibwnship 42 South, Range 42 East, Palm Beach County,
Florida, and the west line of Section 16, 'Ibwnship 42 South, Range 42 East, Palm Beach
County, Florida, to a point on the southwesterly right-of-way line ofthe Seaboard Airline
Railway, as now laid out and in use; thence soufAeasterly, along the southwesterly
right-of-way line of the said Seaboard Airline Railway, to a point on the north line of
Section 21, 'Ibwnship 42 South, Range 42 Eaet, Palm Beach County, Florida; thence
westerly, along the north line of said Section 21, to a point on the southwesterly
right-of-way line of the said Seaboard Airline Railway; thence southeasterly, along the
southwesterly right-of-way line of the Seaboard Airline Railway, to a point on the
southerly right-of-way line of Lake Park West Road (S.R No. 809-N, as now laid out and
in use; thence easterly, along the southerly right-of-way line of the said Me Park West
Road (S.R. No. 809-A), through Sections 21,22,23 and 24, %-hip 42 South, Range 42
East, Palm Beach County, Florida, to a point on the westerly right-of-way line of Military
Trail (S.R. No. 809); thence southerly, along the westerly right-of-way line of the said
Military ?Itail (S.R No. 809), to a point on the westerly extension ofthe mth line ofthe
north threequarters ofthe northwest ane-quarter ofthe northeast onequarter of Section
cm10
0
0
24, Township 42 South, Range 42 East, Palm Beacb County, Flondq theme easterly, along
the westerly extension of the south line of the north threequarters of the northwest
onequar@r ofthe northeast onquarter of said Section 24 and the south line of the north
three-quarters ofthe northwest one-quarter ofthe northeast onequarter of said Section
24, to a mint on a line 440.00 feet west of, when measured at right anglefi, and parallel
with the east line of the north threequarters ofthe northwest one-quarter of the northeast
one-qumter of said Section 24; thence northerly, along the said parallel line, to a point on
the southerly right-of-way line of Lake Park West Road (S.R No. 809), as now laid out and
in use; thence easterly, along the southerly right-of-way line of Lake Park West Road (S.R.
No. 809) and the southerly access right-of-way line for Intemtate 95 (S.R. No. 91, as now
laid out and in use, to a point on the westerly rightsfway line ofhterstate 95 (S.R. No.
9); thence southerly, along the westerly right-of-way line of Intaxstate 95 (S.R. No. 91, to
a point on the south line of the northeast onequarter of said Section 24; thence easterly,
along the aouth line ofthe northeast onequarter of said Section 24, to the southeast comer
of the northeast onequarter of said Section 24; thence easterly, along the south line of the
west one-half of the northwest onequarter of seetion 19, Township 42 South, Range 43
East, Palm Beach County, Florida, to the southeast comer of the wed one-half of the
northwest onequarter of said Section 19; thence northerly, along the east line of the west
one-half of the northwest onequarter of said Section 19, to a point on the southerly
right-ofway line ofthe said Lake Park West Road (S.R No. 809); thence easterly, along the
southerly rightd-way line ofthe said Lake Park West Rogd (S.R. No. 809), to the point of
beginning of the hereindescribed lands.
and not including the foUowing-ddbed pard of land:
Parcel No. 1: Beginning at the southwest comer ofthe southeast onequarter of the
southeast onequarter of Section 15, 'Ibwnship 42 South, Range 42 East, Palm Beach
County, Florida; thence northerly, along the west line of the southeast one-quarter of the
mutheast onequarter of said Section 15, to the northwest comer of the southeast
onequarter of the southeast one-quarter of said Section 15; thence westerly, along the
muth line ofthe northwest onequarter of the southeast onequarter of said Section 15, to
the southwest comer of the northwest onequarter of the southeast onequarter of said
Section 15; thence northerly, along the west line of the northwest onequarter of the
southeast one-quarter of said Section 15, to the northwest comer of the southeast
onequarter of said Section 15; thence easterly, along the north line of the southeast
onequarter of said Section 15, to a point on the westerly right-of-way line of the Sunshine
State Parkway, as now laid out and in use; thence southerly, along the westerly
right-of-way line of the Sunshine State Parhay, to a point on the south line of said
Section 1% thence westerly, along the south line of said Section 15, to the point of
beginning.
Parcel No. 2: The north une-half of the south7ReBt onequarter of the southwest
onequarter ofthe northwest on+quarter of ,Section 14, 'bvnship 42 South, Range 42
cm. 11
PALM BEACH GARDENS CODE e 2-1
East, Palm Beach County, Florida, and the south onehalf ofthe northwed onequarter of
the muthweat onequarter ofthe northwest onequarter ofsection 14, I\rwnship 42 South,
Range 42 East, Palm Beach County, Florida.
Parcel No. 3: The southwe& onquarter ofseetion 14, %mahip 42 South, Range 42
East, Palm Beach County, Florida, and the weat thwpuhm ofthe southeast one
quarter of Section 14, Townehp 42 South, Range 42 Ea&, Palm Beach County, Flarida.
Parcel No. 4 The north onehalf of the northwe& onequarter of the northwest
onequarter of the south one-half of the northeaet onequarter of the northeast one-
quarter of the northwest onequarter (less eaet 50 feet far mad purposee) of Section 13,
lbwnship 42 south, Range 42 Ea& Palm Beach County, Florida
Parcel No. 5: Beginning at the mmthemt wmer ofsection 14, Tbwmhip 42 South,
Range 42 East, Palm Beach County, Florida; thence wtsterly, along the mth line of said
Section 14, to the southwest corner ofthe eaet one-halfofthe southeast onequarter ofthe
southeast onequarter of the southeast onequark ofsaid Section 14; thence northerly,
along the west line of the east mehalf of the southeast onquarter of the southeast
onequarter ofthe southeast One-quarter of mid Section 14, to the northwest comer of the
eaat onehalf of the southeast onequarter of the southeast onequark ofthe mutheast
onequarter of said Section 14; thence easterly, along the north line ofthe east one-half of
the eoutheaat one-quarter of the southeast onequarter of the southeast onequarter of
said Section 14, to the north& comer ofthe east mehalf of ole ~~~theast onequadm
of the southeast onequarter of the southeast onequarter of said Section 14; thence
northerly, along the west line of Section 13, 'Ibwn~hip 42 South, Range 42 East, Palm
Beach County, Florida, to the northwed comer of the south onequarter of the south
one-half of the northwest one-quarter of said Section 13; thence easterly, along the north
line of the south onequarter of the 8611th one-half of the northwest onequarter of said
semion 13, to a point on the westerly right-of-way line of Military lkail (S.R. No. 809), 88
now laid out and in use; thence southerly, along the westerly right-of-way line ofthe mid
Military Trair (Sa. No. 809), to a point on the northerly right-of-way line of Lake Park
West Road (S.R. No. 809-A); then- westerlJT, along the northerly right-of-way Line of the
said Me Park West Road (S.R No. 809-A), to a point on the south line of said Section 13;
thence westerly, along the south line of said Section 13, to the point of beginning.
Parcel No. 6: The south 350.00 feet of the west 350.00 fied of the southeast
onequarter of Section 13, Township 42 South, Range 42 East, Palm Beach County,
Florida; lying north of the northerly right-of-way line of Lake Park West Road (S.R No.
809),m now laid out and in use and east ofthe easterly right-of-way line of Military "rail
(S.R. No. 8091, aa now laid out and in use.
Parcel No, 7 Commencing at the southeast carpar of Section 13, 'Ibwnahip 42 South,
Range 42 EM, Palm Beach Come, Florida (for the purpoee ofthie description, the south
line ofsaid Section 13 is assumed to bear &west aad all other bearings ahownhereon
are relative thereto); thence north 0 degreea, 19 minutes, 45 second8 east, dong the east
line of said Section 13, a distance of2,525.21 thence north 89 degrees, 40 minutes, 15
0
0
ml2
CHARTER 9 2-1
seconds west, a distance of 150.00 feet to the point of-, thence continue north 89
degrees, 40 minutes, 15 seconds west, a distance of 100.00 feet; thence south 77 degrees,
20 minutes, 09 seconds west, a diatance of 61.58 feet; thence north 89 de-, 40 minutes,
15 seconds west, a distance of 100.00 feet; thence north 0 degrees, 19 minutes, 45 seconds
east, a distance of 65.00 feet; thence north 89 degrees, 40 minuh, 15 seconds west, a
distance of 100.00 feet; thence south 88 degrees, 51 minutes, 49 seconds west, a distance
of 60.01 feet; thence nd 89 degrees, 40 minutes, 15 seconds west, a distance of 200.00
feet; thence south 82 degrees, 51 minutes, 33 seconds west, a distance of 80.69 feet; thence
north 89 degrees, 40 minutes, 15 seconds west, a distance of 100.00 feet to a point in a line
parallel to and 950.00 feet westerly from (measured at right angles to) the east line of said
Section 13; thence south 0 degrees, 19 minutes, 45 eeeands west, along said parallel line,
a distance of 798.48 feet to the beghming of a curve amcave to the northwest having a
radius of 505.00 feet and a central angle of 37 degrees, 30 minutes, 8 seconds; thence
southerly and southwesterly along the an: of said me, a distance of 330.64 feet to the
end of said curve; thence south 32 degrees, 36 minutes, 54 seconds east, a distance of
111.57 feet; thence south 44 degrees, 39 minutes, 58 seconds east, a distance of 61.89 feet;
thence south 0 degrees, 19 minutes, 45 seconds west, a distance of 109.26 feet to the
beginning of a curve concave to the west having a radius of545.35 feet and a central angle
of 21 degrees, 11 minub, 24 seconds; thence southerly along the arc of said curve, a
distance of 201.69 feet to the end of said curve and the beginning of a me concave to the
east having a radius of 940.00 feet and a central angle of 21 degrees, 11 minutes, 39
seconds; thence southerly along the arc of said curve, a distance of 347.71 feet to the end
of said me; thence mth 0 degrees, 19 minutes, 30 seconds weat, a distance of 170.79
feet; thence south 2 degrees, 32 minutes, 18 seconds east, a distance of 60.06 feet; thence
south, a distance of 100.00 feet; thence east, a distance of 86.43 fee% thence 8013th 0
degrees, 19 minutes, 30 fmond8 west, a distance of 300.00 feet to a point in the northerly
right-of-way line of Lake Park West Road (S.R No. 809), said northerly right-of-way line
being parallel to and 50.00 feet northerly fiom (measured at right angles to) the south line
of said Section 13; thence east along said paraIIel he, a distance of 100.00 feet, more or
less, to a point in the west line ofthe east 200.00 feet ofthe south 550.00 feet of the west
threequarters of the southeast onequarter of said Section 13; thence north 0 degrees, 19
minutes, 30 seconds east, along said we& line, a distance of 500.00 feet to the northwest
comer thereoc thence east to a point on the wedzrly right-of-way line of Interstate 95
(S.R. No. 9), as now laid out and in use; thence northerly along the westerly right-of-way
line of the said Interstate 95 (S.R. No. 9), to the point of beginning.
Parcel No. 8: The northeast onequarter of the southwest onequarter ofthe northeast
onequarter of Section 12, 'Ibwnship 42 South, Range 42 East, Palm Beach County,
Florida, lying south ofthe southerly right-of-way line of Johnson Road, a county road, as
now laid out and in use.
Parcel No. 9 The north onei-half of the southeast onequarter of the northwest
onequarter of Section 1, 'lbwnship 42 South, Range 42 East, Palm Beach County, Florida,
lying west ofthe we&erly right-of-way he of Militmy "kail (S.R. No. 8091, as now laid out
and in use.
cm13
9 2-1 PALM BEACH GARDENS CODE
Parcel No. 10: That portion of the south 210.00 fed of the west 210.00 feet of the
northwest onequarter of the northwest onequarter of the Bouthweet one-qutuh of
Section 6, Townehip 42 south, Range 43 East, Palm Beach County, Florida, lying north of
the northerly right-of-way line of P.GA Boulevard, as now laid out and in use.
Parcel No. 11: That portion of the south 210.00 feet of the weat 210.00 feet of the
northwest onequarter of the northwest onequarter of the Bouthwest OlDegUarter of
Section 6, 'Ibwnship 42 south, Range 43 East, Palm Beach County, Florida, lying south of
the southerly right-of-way line of P.GA Boulevard, as now laid out and in use.
Parcel No. 12 The southweat onquarter of the southeast onquarfer of Section 6,
'Ibwnship 42 South, Range 43 East, Palm Beach County, Florida, lying north of the
northerly right-of-way line of Mmet Road, a county road, as now laid out and in use.
Parcel No. 13 The north 92.00 feet of the northwest onequarter of the muthead
onequarter of the northwest one-puter ofseetion 7, 'Ibw~hip 42 South, Range 43 East,
Palm Beach County, Florida, lying east of the easterly right-of-way line of State Road No.
Alt. A-1-A, as now laid out and in use.
Parcel No. 14: Beginning at the northeast corner of the southwest onequarter of
Section 18, 'lbwnship 42 south, Range 43 East, Palm Beach County, Florih, thence
southerly, dong the east line of the southwest onequarter of said Section 18, to a point on
the northerly rightiof-way line of Lake Park West Road (S.R. No. 8091, as now laid out and
in use; thence westerly, along the northerly right-of-way line of the said Lake Park West
Road (S.R. No. 8091, to a point on the east line of the southeast onequartm of the
southwest onequarter of the southwest oneguarter of said Won 18; thence northerly,
along the east line of the southeast onequarter of the smathweet onequarter of the
muthwest one-quarter of said Section 18, to a point on a line 40.00 feet north of, when
measured at right angles, and parallel with the south line of the north one-half of the
southeast one-quarter of the southwest onequarter of the southwest onequarter of said
Section 18; thence westerly, along the said parallel line, to a point on the west line of the
southeast onequarter of the southwest onequarter ofthe mthweat onquarter of said
Section 18; thence mutherly, along the west line of the southeast onequarter of the
southwest one-quarter of the southwest onequarter of said Section 18, ta a point on the
northerly access right-of-way line for Interstate 95 (S.R. No. 91, as now laid out and in use;
thence westerly, along the northerly access right-of-way line for Interstate 95 (S.R No. 91,
to a point on the easterly right-of-way line of the said Interstate 95 (S.R. No. 9); thence
northerly, along the easterly right-of-way line of the said Interstate 95 (S.R. No. 91, to a
point on a line 330.00 feet north of, when measured at right angles, and parallel with the
south line of the northwest onequarter of said Section 18; thence easterly, along the said
parallel line, to a point on the east line of the northwest onequarter of said Section 18;
thence southerly, along the east line of the northwest onequarter of said Section 18, to the
point of beginning.
Parcel No. 15 The muthe& cmequarte~ af the southwest onequarter and the
southeast onequarter of the southwest onequarter of the southwest mequarter of
CH'E 14
CHARTER 8 2-1
Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida. Leas the
right-of-way of Prosperity Farms Road and RCA Boulevard. Less the north 259.86 feet of
the east 368.72 feet of !hct 2, less 30-foot easement for roadside ditch on the east
boundary and 30-foot easement for ingress and egress on the south boundary. Ale0 less the
north 212.32 feet of the west 300.00 feet of the same tract 2; all of tract 2 lying in the
subdivision of southeast onequarter of southwest onequarter of Section 5, Township 42
South, Range 43 East, acanding to the plat thereof recorded in Plat Book 22, page 42,
Public Records of Palm Beach County, Florida.
Together with and included within the temtorial limits of the Ciity of Palm Beach Gardens
The west onehalf of the northeast onequarter of the northwest onequarter of the
southeast onequarter of Section 5, Township 42 South, Range 43 East, Palm Beach
County, Florida; and
Northwest one-quarter of the northwest mequarter of the southeast onequarter of
Section 5, flownship 42 South, Range 43 East, excepting therehm the south 210.00 feet
thereof, Palm Beach County, Florida; and
West one-half of southeast one-quarter of southwest onequarter of northeast one-
quarter of Sectian 12, Township 42 South, Range 42 East, Palm Beach County, Florida,
less the south 30.00 feet thereof far right-of-way of Burns Road as now laid out and in use;
and
East one-half of southeast one-quarter of southwest onequarter of northeast one-
quarter of Section 12, 'Ibwnship 42 South, Range 42 East, Palm Beach County, Florida,
less the south 30.00 feet thereaffor right-of-way of Bums Road as now laid out and in use;
The south 336.53 feet of the southeast onequarter of the northeast onequarter lying
and being west of the westerly right-of-way line of the Intracoastal Waterway in Section
5, 'bwnship 42 South, Range 43 East, Palm Beach County, Florida; and
The west 210.00 feet of the east 230.00 feet of the southeast onequarter of the
southwest one-quarter of the southwest one-quarter of the southwest onequarter less the
north 140.00 feet and together with the west 162.00 feet of the east 182.00 feet of the south
90.00 feet of the north 140.00 feet of the southeast onequarter of the southwest
onequarter of the southwest onequarter of the southwest onequarter, all of the above
lying and being in Section 18, Township 42 South, Range 43 East, Palm Beach County,
Florida; and
Lot 37 and Lot 47, of Hidden Key, according to the plat thereof on file in the office of
the clerk of the circuit court in and for Palm Beach County, Rorida, in Plat Book 27, page
243; and
That certain parcel of land lying and being in the County of Palm Beach and State of
Florida, more particularly described as follows: Beginning at the point of intersection of
the center line 0fU.S. Highway No. 1 with the south line ofthe northwest onequarter of
the following described lands:
ana
Cm. 15
6 2-1 PALM BEACH GARDENS CODE "
Section 4, Tawnship 42 South, Range 43 East, and run thence northe& along the center
line of mid highway 1,550.00 fed to the point of beginning thence amtinue along said
center line 300.00 feet; thence nm east along a line parallel to the south line of said
northwest onequarter 720.00 feet, thence run due south parallel to the east line of said
northwest onequarter a distance of 293.7 feet, more or less, to a point due east ofthe point
'of beginning, thence run west 799.00 feet, more or less, on a line parallel to the south line
of said northwest onequarter to the point of beginning; and
That part of the southeast one-quarter of the northeast me-quarter of Section 5,
Township 42 South, Range 43 East, Palm Beach County, Florida, described rn follows:
Commence at the quarter section corner on the ead line of said Section 5 for a point of
reference; run thence along the hand-west quarter section line through the said
Section 5, north 88 degrees, !27 minutes, 06 seconds west, a distance of 805.15 feet to an
intersection with the westerly right-or-way line of the Intracoastal Waterway from
Jacksonville to Miami, Florida, as that right-af-way line is known on the plat recorded in
Plat Book 7, at page 29 of the public records of said Palm Beach County; run thence along
said westerly right-of-way line north 2 degrees, 13 minutes, 54 secondB west, a distance of
334.74 feet to a point of beginning for the tract herein described, from the said point of
beginning run thence north 88 degrees, 28 minutes, 7 seconds west, a distance of466.05
feet of an intersection with the west line of said southeast one-quarter of northeast
one-quarter; thence along said west line, north 1 degree, 37 minutea, 48 seconds east, a
distance of 500.83 feet to a point; thence south 88 degrees, 29 minutes, 36 seconds east, a
distance of 432.24 feet to an intedon with the easterly right-of-way line of said
Intracoastal Waterway; thence along said eastedy right-of-way line, south 2 degrees, 13
minutes, 54 seconds east, a distance of 502.09 feet to the point of beginning, and
0
A parcel of land in Section 5, Tbwnship 42 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows: Beginning at the intersection of the north
line of the southeast onequarter of said Section 5, with the westerly right-of-way line of
the Intracoastal Waterway as shown on Florida Inland Navigation District's right-of-way
map recorded in Plat Bdbk 17, page 29, public records of Palm Beach County, Florida;
thence north 2 degrees, 13 minutes, 54 seconds west along said westerly right-of-way line,
a distance of 336.83 feet to the northeast corner of said Florida Inland Navigation
District's MSA No. 62; thence north 88 degrees, 29 minutes, 36 seconds west along the
north line of said MSA No. 622, a distance of 432.24 feet to the northwest corner thereof,
said northwest comer being the point of beginning and the northeast comer of the parcel
of land herein described; thence continue along the same course north 88 degrees, 29
minutes, 36 seconds west, a distance of649.80 feet, more or less, to a point in the west line
of the east one-half of the north onehalf of the west one-half of Government Lot 1 in the
northeast oneguarter of said Section 5, according to general land office survey of said
Section 5; thence south 1 degree, 25 minutes, 45 seconds west along said west line, a
distance of 166.84 feet to the southwest comer of said east one-half of the north one-half
of the west one-half of said Government ]tot 1; thence south 88 degrees, 29 minutea, 06
seconds east along the south line of the north one-half of said Government Lot 1, a 0
CHT 16
0
0
distance of 649.22 fet, more or less, to a point in the west line of said MSA No. 622; thence
north 1 degree, 37 minutes, 48 seconds east along said west line a distance of 166.94 feet
to the point of beginning, and
Aparcel of land in section 5, !Ibwnship 42 South, Range 43 East, Palm Beach County,
Florida, more particularly described a~ follows: Beginning at the intemection of the north
line of the southeast onequarter of said Section 5 with the westerly right-of-way line of .
the Intracoastal Waterway as shown on Florida Inland Navigation District's right-of-way
map, recorded in Plat Book 17, page 29, public records of Palm Beach County, Florida;
thence north 2 degrees, 13 minutes, 54 seconds west along said westerly rightsf-way line,
a distance of 836.83 feet to the northeast mer of said Florida Inland Navigation
District's MSA No. 622; thence north 88 degrees, 29 minutes, 36 seconds west along the
north line of said MSA No. 622, a diatance of 432.24 feet to the northwest comer thereof,
said northwest comer being the point of beginning and the southeast corner ofthe parcel
of land herein described; thence continue along the same course north 88 degrees, 29
minutes, 36 seconds west, a distance of 649.80 feet, more or less, to a point in tbe west line
of the east one-half of the north one-half of the west one-half of Government Lot 1 in the
northeast oneQuIvter of said sectioo 5, according to general land office mey of said
Section 5; thence north 1 degree, 25 minutes, 45 seconds east along said west line, a
distance of60.00 feet; thence south 8f3 degrees, 29 minutes, 36 seconds east parallel to the
mutherly line hd, a distance of650.01 feet to a point in the northerly extension of the
westerly line of said MSA No. 622, being also the easterly line of the west one-half of said
Government Lot 1; thence south 1 degree, 37 minutes, 48 seconds west along said
northerly extension, a distance of 60.00 feet to the point of beginning; and
'
The south one-halfoftbe west onehalfand tbe west one-half ofthe north one-half of
the west ane-half of Government Lot 1 in the northeast onequarter of Section 5, lbwnship
42 South, Range 43 Ea&, Palm Beach County, Florida, according to general land office
survey of said Section 5, all lying south of the north right-of-way line of County Road No.
7 (Idlewild Road) as now laid out and in use; and
A parcel of land in Section 5, lbwnsbip 42 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows: Beginning at the intersection of the north
line of the southeast onequarter of said Section 5, with the westerly right-of-way line of
the Intracoastal Waterway, as shown on Florida Inland Navigation District's right-of-way
map, recorded in Plat Book 17, page 29, public records of Palm Beach County, Florida;
thence north 2 degrees, 13 minutes, 54 seconds west along said westerly righf-of-way line,
a distance of 836.83 feet to the point of beginning and the southeast corner of the parcel
of land herein described, said point being also the ndheast comer of said Florida Inland
Navigation District's MSA No. 622; thence north 88 degrees, 29 minutea, 36 seconds west
along the north line of said MSA No. 622, a distance of 432.24 feet to the northwest comer
thereot thence north 1 degree, 37 minutes, 48 seconds east along the northerly extension
of the west line of said MSA No. 622, a distance of 60.00 feet; thence Bouth 88 degrees, 29
minutes, 36 seconds east parallel to the southerly line hereof, a distance of 428.19 feet to
CHT17
PALM BEACH GARDENS CODE 0 9 2-1
a point in said westerly right-of-way line ofthe Intracoastal Waterway; thence south 2
degreea, 13 minutes, 54 seconde eaet along mid weeterly rightsf-way line, a distance of
60.13 feet to the point of -, and
Beginning at the intxmection of the mmth rightsfway line of shriner Drive (State
Road No. 741, ae now laid out and in use and the westerly rightofway line of the
Intracoastal Waterway, as recorded in Plat Book 17, page 29, in and for the public records
of Palm Beach County, Florida; thence southerly, along the said westerly right-of-way line
to a point on a line lying 235.91 feet south of, when med at right angles, and parallel
with the north line of the southeast onequarter of Section 5, Township 42 South, Range
43 East, Palm Beach County, Florida; thence westerly, along the said parallel line to a
point on a line lying 15.00 feet east of, when measured at right angles, and parallel with
the east line of the east one-half of the northeast mequarter of the northwest onequarter
of the southeast onequarter of said Won 5; thence northerly, along the said parallel line
to a point on the south right-of-way line of said Shriner Drive; thence easterly, along the
south right-of-way line of said Shriner Drive to the point of beginning. All lying and being
in the northeast onequarter ofthe northeast onequarter ofthe northwest onequarter of
the southeast onequarter and the north one-half of the northwest onequarter of the
northeast onequarter of the southeast onequarter of section 5, !lbwnship 42 South,
Range 43 East, Palm Beach Countg. Florida; and
0 The south 60.00 feet and the north 25.00 feet &Lot 14, all of Lots 15,16,17 and 18
of Pirates Cove, a subdivision located in Palm Beach County, Florida, according to the plat
thereof on file in the oflice of the clerk ofthe circuit court in and for Palm Beacb County,
Florida, in Plat Book 25, page 197; and
The northeast onequarter ofthe ~~~thwest onequarter ofthe northeast onequarter
of Section 12, 'Ibwnship 42 South, Range 42 East, and
The north 30.00 feet of the northeast onequarter ofthe eauthwest onequarter ofthe
northeast onequarter of Section 12, hship 42 South, Range 42 East; and
The north 259.86 feet of the east 368.72 feet of tract 2, leas 30-foot easement for
roadside ditch on the east boundary and 30-fd easement for ingress and egress on the
south boundary; together with the north 212.32 feet ofthe west 300.00 feet of same Tract
2; all of 'Ract 2 lying in the subdivision of goutheatd mequarter of southwest onequarter
of Section 5, Township 42 south, Range 43 East, according to the plat thereof recorded in
Plat Book 22, page 42, public records of Palm Beach County, Florida; and
Beginning at the point of intemection ofthe center line of U.S. Highway No. 1 with the
south line of the northwest onquarter of Section 4, 'fbwnship 42 South, Range 43 East,
and run thence northeaskrly along the center line of said Highway No. 1,850.00 feet to
the point of beginning, thence continue along said center line 300.00 feet; thence run east
along a line parallel to the south line of said northwest onequarter 642.00 feet to a point;
thence run due south parallel to the east line of said northwest mequarim, a distance of
293.7 feet to a point in the line drawn fmm the point of beginning easterly and parallel 0 *
CHT 18
with the south line of the said northwest oneguarter; thence run west 720.00 feet, more or
less, on said line which is parallel with the south line of the said northwest onequarter to the
point of beginning; and
The west of the northeast onequarter of the northeast one-quarter of
Section 24, Township 42 South, Range 42 East, Palm Beach County, Florida; and
The east one-quarter of the west one-half of the northeast onequarter of the northeast
onequarter less, north loo-fod road right-of-way, Section 24, flrwnship 42 South, Range 42
East, Palm Beach County, Florida; and
The northwwt onequarter ofthe northeast onequarter ofthe northwest onequarter and
the north one-half uf the northeast onquarter of tbe northeast onequarter of the
northwest onequarter Section 13, 'Ibwnship 42 South, Range 42 East, Palm Beach County,
Florida, accepting therehrn the east 50.00 feet thereof, as conveyed to the County of Palm
Beach for road purposes; and
The north 259.86 feet of the east 58.72 feet of tract 2, less 30-foot easement for roadside
ditch on the east boundary and 30-foot easement for ingress and egress on the south
boundary; together with the north 212.32 feet ofthe west 300.00 f& of same Tract 2; all of
Tract 2 lying in the subdivision of southeast onequarter of southwest onequarter of Section
5, %ship 42 South, Range 43 East, aceding to the plat thereof recorded in Plat Book 22,
page 42, public reads of Palm Beach County, Florida; and
Beginning at the point ofintersedon ofthe center line 0fU.S. Highway No. 1 with the
south line of the northweat onequarter ofseetion 4, 'Ibwnship 42 South, Range 43 East, and
run thence northeasterly along the center line of said Highway No. 1,850.00 feet ofthe point
of beginning; thence continue dong said center line 300.00 feet; thence run east along a line
parallel to the south line of said northwest onequarter 642.00 feet to a point; thence run due
south parallel to the east line of said northwest onequarter, a distance of 293.7 feet to a
point in the line drawn from the point of- easterly and parallel with the south line
of the said northwest onequarteq thence run west 720.00 feet, more or less, on said line
which is parallel with the south line of the said northwest onequarter to the point of
beginning and
Section 24, lbwnship 42 South, Range 42 East, Palm Beach Caunty, Florida; and
The west three-eighths of the northeast oneque of the northeast onequarter of
The east one-quarter of the west one-half of the northeast onequarter of the northeast
onequarter less north 100-foot mad right-of-way, Section 24, 'Ibwnship 42 South, Range 42
East, Palm Beach County, Florida; and
The northwest onequarter ofthe nartheast onequarter of the northwest onequarter and
the north one-half of the northeast onequarter of the northeast onequarter of the
northwest onequarter of section 13, lbwnship 42 South, kange 42 East, Palm Beach
County, Florida, accepting therefhm the east 50.00 feet thereof, as conveyed to the County
of Palm Beach far road purposes; and
Supp. No. 17 cm19
4 2-1 PALM BEACH GARDENS CODE
Beginning at the intersection of the easterly right-of-way line of U.S. Highway No. 1
(State Road No. 5) with the south line ofthe northwest onequarter of Section 4, Township
42 South, Range 43 East; thence in a northeasterly direction along the easterly right-of-way
line of said U.S. Highway No. 1 (State Road No. 5) 88 shown on right-of-way map of said
state road recorded in Road plat Book 2, at page 107, public records of Palm Beach County,
Florida, 1,550.00 feet to the point of beginning; thence east along a line parallel to the south
line of the northwest onquarter of said Section 4, a distance of 250.00 feet to a point;
thence southeasterly parallel to easterly right-of-way line of US. Highway No. 1, a distance
of 100.00 feet to a point; thence westerly parallel to the south line of northwest onequarter
of said Section 4, a distance of 250.00 feet to easterly rightd-way line 0fU.S. Highway No.
1; thence northeasterly along said right-of-way line 100.00 feet to point of beginning.
The City Council hereby annexe~ into the City of Palm Beach Gardens an area of
contiguous, compact, unincorporated territory located on the north side of Northlake Boule-
vard, approximately onehalf (0.5) des west of the interimtion of Northlake Boulevard and
Coconut Boulevard, for the following described real propem
Legal Description:
A parcel of land lying in Section 16, 'Ibwnship 42 South, Range 41 East, Palm Beach
From the southerly V4 comer of said Section 16 "raved N00--,2T07"E, along the
southerly V4 line of said !kction 16, a distance of 687.82 feet to a point, said point lying on
the northerly right-of-way line of the 100- foot wide Lake Park West Road; then travel
S89;Deg;38'16'E, along the said northerly right-of-way line of Lake Park West Road, a
distance of 1,333.18 feet to the point of beginning, Thence wntkue S89;Deg,38'16"E along
the said northerly right-of-way line of the 1OO-foot wide Lake Park West Road, a distance of
430.75 feet to a point; Thence travel NOO;Deg;46'39"E a distance of 2,018.50 feet to a point
in the easterly V4 line of said Section 16; Thence travel NSS;Deg;34'03"W along the said
easterly V4 line of said section 16 a distance of 430.76 feet to a poink Thence travel
SOO,Deg;46'39W, a distance of 2,026.54 f& to the point of beginning.
'Ibgether with the following:
County, Florida, being more particularly described as follows:
County, Florida, being more particularly described as follows:
A parcel of land lying in Section 16, Zbwnship 42 South, Range 41 East, Palm Beach
From the southerly quarter section corner of said section 16 travel N00;Deg;27'07'%,
along the southerly quarter aection line of said Section 16, a diebnce of 687.82 feet to a
point, said point lying on the northerly right-of-way line of Lake Park West Road; Thence
travel S89;Deg;38'16''E, along the said northerly right-of-way line of Lake Park West Road,
a distance of 1,763.93 feet to the point of beginn-, Thence travel NOO,Deg;46'39"E, a
distance of 2,018.50 feet to a point in the easterly quarter section line of said Section 16;
Thence travel sSS;Deg,34'03%, along said easterly quarter section line of Section 16; a
distance of 914.13 feet to the east onequarter section comer of said Section 16; Thence
travel SOl;Deg;06'33'W along the east line of said Section 16, a distance of 2,001.54 feet to 0
Supp. No. 17 m20
CHARTER Q 4-1
an intersection with the said north right-of-way line of the 100-foot wide Lake Park West
Road; Thence N89;Deg;38'16W, dong the said north right-of-way line of Lake Park West
Road, a distance of 902.50 feet to the point of beginning.
Said lands situate in Palm Beach County, Florida containing 2,696,386 square feet or
61.901 acres, more or less.
(Ord. No. 36, 2004, Q 3, 1-2045)
ARTICLE JIk FORM OF GOVERNMENT
Section 3-1. Form of government.
The form of government of the City of Palm Beach Gardens shall be that known as the
"Council-Manager F'lan."
ARTICLE w. THE cmcouNcIL
Section 4-1. Election; terms, general electione; filing fees; notice; runoff elections.
The elective officers under this Charter shall be the five (5) members ofthe city council. The
selection of members of the city council shall be by groups to be known as Groups 1,2,3,4 and
5. The council members in Groups 2 and 4 shall, in theyear 1977, be elected for a term of three
(3) years, and for thyear terms thereafter; council members in Group 1,3 and 5 shall be
elected for a term of three (3) years in the yea^ 1978 and for three-year terms thereafbr. The
term of office of c~uncil members shall commence on the first regularly scheduled meeting of
the city council following date oftheir election and shall continue for three (3) years thereafter
and until their sum are el& and qualii5ed. General elections shall be held on the
second 'hesday ofMarch. Any candidate seeking election as council member shall file with the
city clerk a written notice to such effect during the last fifteen (15) calendar days of January
in the year of the election, and shall pay such filing fee as shall be set by ordinance. Such notice
shall state the number of the group to which he or she seeh to be elected, and any other data
required by ordinance. All candidates and council members shall be electors of the city.
Whenever a general or special election is held to 611 any elective office in the City of Palm
Beach Gardens, the candidate receiving a majority of the wtes cast at such election to fill such
office shall be declared to be duly elected; provided that in the event no candidate for a
particular elective office shall feoeive a majority of the votes cast for such election to fill such
office, then a run-delection shall be held on the fourth fiesday in March ofthe same calendar
year said general election was held; and in the event a special election is held, and a run-oE
election is required, then said run-off election shall be held two (2) weeks from date of said
Supp. No. 17 cm20.1
CHARTER 4 4-4
original special election; provided further, that in such event only the names of the two (2)
candidates having received the greatest number of votes in the general or special election for
such oflice shall be submitted to the voters and the me of these two (2) receiving the majority
number of votes in such run4 election shall be declared to be duly elected to such office;
provided further, that should two (2) or more candidates receive an equal number of votes to
any such office, 80 that it cannot be determined which two (2) had received the greatest and the
next greatest number ofvotee, then the names of all such candidates shall be submitted at the
run-off election and the candidate receiving the greatest number ofvdea at mch election shall
be declared elected to such office, regardless ofwhether such candidate received a majority of
the votes cast to fill such ofTice at such run-off election.
(Ord. NO. 8,1983,g 2,81&83, ord. NO. 9,1996,g 2,7-!27-96)
Edihr‘r~ note--ordman * ce number 8,1983 specifically exempted the City of Palm Beach
Gardens from the Uniform election provisions in Lam of Fla. 83-498,N 2,5 and 6, and as
provided in 8 of such act by ordinance without a referendum, amended the Charter to adopt
the provisions for a runoff in such act.
Section 4-2. Oath of oftice.
Each person appointed or elected as a member ofthe city council of said municipality, befare
entering upon the discharge of the dutie~ of the *ce, shall take and subscribe the following
oath before some &cer authorid to administer oaths under the laws of the State of Florida:
“I do solemnly mear (or afhn) that I will support and protect and defend the Constitution
and govemxnemt of the United States and of the State of Florida against all enemies,
domestic or foreign, and that I will bear true faith, loyalty and allegiance to the -e; and
that I am entitled to hold of€ice under the Constitution and Lawe of the State of Florida, and
that I will faithfidly perform all the duties of the office of Councilman of the City of Palm
Beach Gardens, Florida, up whicb I am about to enter, so help me God.”
State law referendath, F.S. 9 876.05.
Section 63. organization meeting; election of mayor and vice-mayor.
The members of the city council elected pursuant to this article shall meet for organization
immediately following their qualification on the next regularly scheduled meeting of the city
council following the date of their election and at said meeting the city council shall, by
resolution, appoint one member a mayor and another a vice-mayor of the city, each of whom
ahall hold such office for a term of one year and until his successor shall be appointed and
qualified.
section 64. Vacancy.
In the event of death, disability, resignation or removal of any member of the city council,
such vacancy may be filled by the appointment of a temporary new councilman by the
remaining members of the city council, until an election can be held to fill such vacancy. Such
election shall be held within aixty (60) days aRer the death, disability, resignation or removal
of a councilman, unless a general election of the City of Palm Beach Gardena shall be held
Sun. No. 2 am21
9 44 PALM BEACH GARDEW3 CODE
0 within one hundred eighty (180) days thereafk, whereupon, such election shall be combined
with said general election. The person elected to fill the vacancy QeLLted by the death,
dieability, resignation or removal of a member of the city council shall serve in ace for the
remainder of the designated term of the member of the city council who died, became disabled,
resigned or waa removed, as set fd herein. The date of any special election shall be fixed by
the city council.
In the event the governor ofthe state of Florida, or any other g0wmmmt.d agency, shall
suapend any member ofthe city CoUlLcil in accordanca with law, the remaining members ofthe
city council fdwith upon such imspemicm order b&g received in writing shall appoint a
temporary, new councilman to fill such temporary vacancy mated by the mmpension. The
appointee thereto shall serve until such time as the sllspension shall be terminated, provided,
however, in the event the regular term of office of the suspended councilman ahall regdarly
expire during the period of suepeasion, such carmcil seat shall be filled at the regularly
scheduled election. If auch suspended councilman ehall be later removed from office in
accordance with law then such councilman shall be rieplaced in accordance with the foregoing
provisions pertaining to removal.
State law reference-Pnmdure for filling vacatkiea requid, F.S. 9 166.031(6).
Section 51. Authority under date law.
The said City of Palm Beach Wens, Florida, shau be and constitute a body politic and
corporate and aa such shall have perpetual exiatenee and may me, be sued, defend, plead and
be impleaded in all coufts and placea and shall exercise all the powers, privileges, and
functions of municipalities prescribed, authorized an8 provided in the general laws ofthe State
of Florida fully and completely unless prohibited by or contrary to the provhiom of this act
iCharter1.
Section 58. Specific powers.
The municipality hereby established shall have mer
(1) To license, regulate and antrol permma, firnse, associatioas and corporatiom amduct
ing, carrying on or engaged in any business, mpation or pmfeeaion within the
tembrial limits of the city and the amount of such licenses and shall not be dependent
upon general state revenue law.
borrow money temponuily in the name &the aty in an amount not exceeding the
ad valorem taxes to be collected in any one year.
'Ib borrow money temporarily in the name bf the aty during the construction of any
public work or impmvementa, on account of which aruressments for benefits are
authorized ta be made and collected, to an hmaunt not exceeding me hundred (100)
(2)
(3)
*State law reference-Mmidpal home rule pdwers, F.S. ch. 166.
I
Supp. No. 2 C"R22 i
j.
*
percent of the cost of any such work or improvements. 'Ib assess pmperty owners for
any public improvements made which specially benefits such property by assessing
costs and expenses prorated for such improvements.
'Ib provide for street lighting, fire hydrants, garbage collection, sanitary sewer
collection and disposal, and for any other municipal or public service, and to build,
construct, acquire, own, maintain, operate and lease all structures, land and other
equipment necessary therefor except as otherwise provided herein.
'Ib regulate and control the use of any public ,park, street, mad or highway within the
territorial limits of said city by any municipabty, mrporation, firm or individual using
any such public street, road or highway for the conduct of gas or water or for telephone
or electric light or power poles, lines, subways or conduits or for any other public utility
or service.
'Ib prohibit and abate nuisances.
To prohibit, regulate and license the mandahre, sale, storage, keeping or use of any
inflammable, explosive or higbIy combustible material, thing, substance or compound.
'Ib establish a health department and adoptisanitmy regulations and ordinances.
'lb protect life and pmperty.
(10) 'Ib vent drunkenness, vice and immoralii!y.
(11) 'Ib preserve the public peace.
(12) 'Ib fix penalties to be imposed upcm dendbrs in conviction of violating any of the
ordinances of the cie provided, however, that no penalty shall exceed a fine of five
hundred dollars ($500.00), or imprisonment in the city jail or perform labor on the
streets or other work of the city fbr a period not exceeding nine@ (90) days, or both
such fine and imprisonment
(13) 'Jh establish, regulate and maintain a fire d&partment and a system of fire pmtection.
(14) 'Ib establish, regulate and maintain a poh! department.
(15) 'Ib lay out, open and maintain public streed, roads, parks or other public places, and
to cause any public street, road, highway or alley to be vacated, widened, extended or
otherwise changed as to its boundaries or location; and to acquire the necessary lands
for any purpose, and to require, ifthe council shall so determine, that any person, firm
or corporation subdividing land shall put in and construct stseets, sidewalks, water
mains or other utilities acaording to the city specificatioos before the plat thereof shall
be approved by the city council, which such CLPecifications shall equal or exceed existing
County of Palm Beach s~cations for similar plats.
(16) 'Ib cause sanitary and storm sewers and drains to be constructed and maintained
together with sewage ctisposal and treatment plants.
(17) 'h regulate traSc, the speed ofmotorvehides, and the use thereof.
Snpp. No. 16 CHTB i
9 5-2 PALM BEACH GMdlENS CODE
(18) lb construct whmes, docks and piers; regulate the speed of boats and watercraft;
regulate wharfage, dockage, mooring and anchorage ofboats and watercraft; construct
bridges, establish femes and fix the rates of ferriage and tolls, erect all necessary
public buildings and public wodm and control and dispose ofthe same as the interests
of the city may require, to establish bulkhead lines upon all waters within the city, and
to adopt ordinances regulating or prohibiting filling of submerged lands outside of such
bulkhead lines, which such lines 80 estabhhed shall govern over lines established by
any other governmental body of the State of Florida; and to do and perform all other
act or acts as shall seem necessary and best adapted to the improvement and general
interest of the city.
119) 'Ib maintain any or all dits public buildidgB or works outside the municipal limits of
the city.
(20) To enter into contracts with other municipalities or governmental entities providing
for the exercise of any corporate or gwemmental funct;on; and to cooperate with any
other municipaliw, public corporation or governmental unit in the discharge of its
corporate functions.
(21) lb establish a building code, electrical de and plumbing code and provide for the
issuance of building permits.
(22) To provide regulations and restrictions gcmrnhg the height, number of stories,
construction and size of buildings and othkr structures, the percentage and portion of
a lot that may be occupied, the size of yards, courts, and other open spaces, and the
location and use of buildings, stru- and land for trade, industry, residences,
apartment houses and other purposes. Such regulations may pmvide for a board of
appeals to determine and vary their applhtion in harmony with their general purpose
and intent and in accordance with the general provisions ofthe ordinances; and may
also, by a zoning ordinance, regulate buildings and structures according to their
construction and the nature! and extent of their use and the use of lands therein. All
such regulations shall be uniform for each class or kind of buildings or other structures
throughout each district, but the regulations in one district may differ from those in
other districts, and all such regulations shall be made in accordance with a compre-
hensive plan and design for one or more ofthe following purpoees: To lessen congestion
in the streets, to secure safety from fire, panic and other dangers; to promote health,
morals or the general welfare; to provide adequate light and &, to prevent the
overcrowding of land or buildings; and to avoid undue concentration of population.
Such regulations shall be made with reasonable consideration, among other things, to
aesthetics, to the character ofthe district and its peculiar suitability for particular
uses, and with a view of conserping the value of property and encouraging the most
appropriate use of land throughout such municipality
Tb provide by ordinance for the adoptibn of a city plan, creation of a city planning,
zoning, and appeals board and the appoidtmeat ofthe members thedby resolution.
Supp. No. 16 Crnh
CHARTER 9 5-2
IO
The council shall by ordinance prescribe the Iduties of the city planning, zoning, and
appeals board, enact urdinanees for the enfatcement of the recommendations of the
board and presuibe penalties for their violation.
(23) To employ all persons nece888TJr for the sud operation of said city and to fix the
amount of compensation to be paid to such emplayees and prescribe the amount and
condition of any bond or bonds executed by my employee.
(24) Except as otherwise provided herein, to have all the powers and privileges granted to
municipalities under the general laws of the State of Florida.
(25) To regulate the use of recreational facilities owned by the city, to charge a reasonable
fee for the use thereoc or to restrict the use theredto property owners in or residents
of said city when permitted by general law or the constitution of the State of Florida.
(26) To acquire by purchase, giR, devise, condbtion or otherwise, property real or
personal, or any real estate or interest therein, within or without the city and for any
of the general purposes or uperation ofthe city when public need or convenience may
require same, and to improve, sell, lease, mortgage, pledge or otherwise dispose of the
same or any part thereof.
(27) 'Ib establish, erect, maintain or operate hbarpitals, jails, houses of detention and
comection, parks, golfanuses, playgrounds, roads and cemeteries and municipal
buildings, works and constructions of every character, including municipal &ces,
schools, court houses, fire and police stations, - 'es, asylums, dispensaries, poor
houses, crematories, wharves, docks, Mdgds, markets, auditoriums, municipal the-
aters and buildings, works and constructio~~ for all other purposes that said munic-
ipality through its council may deem necessary or proper for the welfare of said
municipality or the inhabitants thereof, and may exercise all other powers herein
coderred, and make regulatiom for the government thereof.
(28) To fill in all low ground in the city and com+l owners of low ground in the city to fill
the same up to an established grade 80 as to prevent the breeding of mosquitoes or the
spread of disease.
(29) To compel owners of land or riparian rights within the city to mnme therefrom all
brush, weeds, obnoxious growth of any bd, fjlth, garbage, trash, debris, decayed
buildings or do& in a falling or dangerous condition or the city may do the same and
the amount expended therefa shall be a lien against said property and may be
enforced by the municipality.
(30) 'Ib create a publicity fund which shall be wnded for the purpose of advertising the
resources and attractions of the city, of aiding and assisting in the work of any
organization created by the city council or by others for the advancement of the
interests of the city, of encouraging and assisting any public fair or exhibition in the
city and of aiding and assisting a band within the city.
(31) To establish and maintain a public library and reading room and to erect or purchase
and maintain a building there€or.
Sum. No. 16 CHT25
9 52 PALM BEACH G~ENS CODE
(32) To establish, impose and enforce water rat& and rates and charges for gas, electricity
and all other public utilities or other service, or conveniences, operated, rendered or
furnished by the city, and to enact ordinances for the correction of abuses and to
prevent unjust disQimination and excessive charges by persons and corporations
engaged as common carriers in transporting persons and property or performing other
services of a public nature within the city, provided, no fi.anchise term shall exceed
thirty (30) years, and no regulatory power shall be exercised by the city with respect
to any utility or service regulated by the Florida Public Utilities Commission or state
regulatory agencies. Contracts, however, between the City of Palm Beach Gardens and
public utilities companies fixing rates shall be legal and enforceable contracts.
(33) To have the power of eminent domain, including but not limited to, the power to
purchase, construct, own, maintain, operate, lease or acquire by eminent domain all
local public utilities, including transportation facilities, public off-street vehicular
parking lots and buildings, electric light works, water supply and distribution systems,
and sanitary sewage collection and treatment systems, illuminating or fuel gas sales
and distribution systems.
(34) To declare that all territmy embrad within the corporate limits of said city shall be
a bird sanctuary and to adopt all ordinances necessary to carry tbis power into effect.
(35) The enumeration of particular powers in this Charter shall not be deemed or held to
be exclusive, but in addition to the powdrs enumerated herein, implied thereby, or
appropriate to the exercise hereof, said City of Palm Beach Gardens shall have and
may exercise all other powers which are nm, or may hereafter be possessed or enjoyed
by cities under the Constitution and gend laws ofthis state, and all of the powers of
said city, whether expressed or implied, shall be exercised and embraced in the manner
prescribed in this Charter, or, when not so prescribed, then in such manner as may be
prescribed by ordinance or resolution ofthe council.
(Ord. No. 17,2004,O 5,643-04)
ARTICLE w: ADMUVISITUTIONAS C~UNCILMANAGER G~VER"T
Section 6-1. City manager. I
(a) The city council, by a majority vote ofits mhbership, shall appoint a city manager who
shall serve at the pleasure ofthe city council. The city manager shall be appointed on the basis
of executive and administra tive qualifications asiestablished by the council. The city manager
need not be a resident of the city at the time d appointment, however, must be a resident
within one year following the appointment. The compensation and benefits ofthe city manager
shall be as detemun ed by the city council. The city council shall annually review the manager's
performance. The city manager shall designate in writing, filed with the clerk, an individual
who shall perform the duties of the city manager during hidher temm absence.
Supp. No. 16 C"h6
CHARTER 0 6-1
(b) The city manager shall be the administrative head of the municipal government under
the laws and Charter of the city responsible to the city council for the administration of all city
affairs and employees placed in the manager's charge by or under this Charter or city
ordinances. In the event of hismer absence or disability, the cily manager may designate an
employee or other charter officer as the acting city manager limited to the time of the
manager's absence or disability.
Supp. No. 16 CHT26.1
(c) The city manager hill be responsible to the city council for the proper administration
of all affairs ofthe city coming under hislher jurisdiction, and to that end the city manager's
powers and duties include:
(1) To see that the laws and ordinances are enfod.
(2) Prepare and submit an annual budget to the city council far its consideration.
(3) To attend all medixqp ofthe city council with right to take part in the discussion but
without having a vote.
(4) To recommend to the council for adoption such measures as hehhe may deem
necessary or expedient in the interest of the city. l'b kep the city council fully advised
aa to the financial condition and needs of the city and to submit for ita consideration
an annual budget.
(5) To appoint all department heads subject to eanfirmatim by the city council; to employ
and remove all other employees ofthe city. Mded further, however, that the city
attorney, city engineer and city auditor shall be appointed and removed in the eole
discretion ofthe city council with such appointments and remd being based upon
merit and fitness alone.
' (6) To make ~uch reports as the aty council may require concerning the operations of the
city departments.
(7) To perform such other duties as may be specified in this charter, by law, or as the city
council may prescribe.
(8) 'Xb retain such specialized pmfegsional services as may be neceaary to efTdvely and
efIiQently amduct the city's affaire m acamhce with state and Id laws.
(d) No member uf the city council shall dictate the appointment of any person to offits or
employment by the city manager or in any manner inbrfere with the city manager or prevent
himmer from exercising hidher own judgement in the appointment of officers and employees
in the administrative service. The council and its members shall deal with city employees
solely through the city manager.
(e) The city council may suspend or remove the aty manager by resolution approved by a
majority ofthe total membership of the city council. The resolution shall set forth the reasons
for suspension or removal. A copy of such resolution shall be sewed immediately upon the city
manager. The city manger shall have ten calendar days in which to replay thereto in writing,
and upon request, shall be afforded a public hearing, which shall occur not earlier than ten
days nor later than 15 days after such hearing is requested. After the public hearing, if one was
requested, the city council by a msjority vote of its membemhip may adopt a final resolution
of removal. The city manager shall continue to receive hll salary and benefits until the
effective date of the resolution of removal.
(0 By letter or memorandum filed with the city clerk, the city manager shall designate a
city officer or employee to exercise the powers and perform the duties of city manager during
the manager's absence or disability. The city council may revoke such designation at any time
and appoint andher ofzicer w employee ofthe city to 8erve until the city manager returns.
(Ord. NO. 9, 1996, 9 3, 7-27-96)
Supp. No. 2 CHT27
PALM BEACH GARDENS CODE
Sec. 6-2. City attorney.
(a) The city council, by a mqjority vote &ita membembip, shall appoint a city attmiey. The
compensation and benefits of the city attorney shall be as determined by the ciQ council. The
city may appoint a firm or an individual to serve rn the city attorney.
(b) Thecityattorneyshallbetbechieflegal~~oftbecityrespoIuriblefaralllegalaffairs
of the city, and shall serve as chief legal advisor to the city council, the city manager, the city's
departments and such boarda or committees as are placed in the city attorney's charge by the
city council or the city manager. The city attorneys powers and dutie8 shall include:
Preparing or reviewing as to form and legal &ciency all contra&, resolutions,
ordinaaces or other documents of the city.
(2) Appointing such assistant city attorneys to perfarm the duties ofhie office as may be
approved by the city manager.
prosecuting and defending all legal or adminidm tive law actions wherein the city is
a Pam?.
(4) Performing 8uch other legal services ae may be tequeeted by the City coullcil or the aty
manager.
(5) Performing such other duties as may be required by state law, this charter or
ordinance.
(1)
(3)
0 (c) The city council or the city manager may also appoint me or more special anum1 to
se&e as legal advim to the city council, the city m%neger and city departmenis, officers and
agencies with respect to epedfic legal pmmshga * or mattere to conduct city flairs in an
efficient manner in accordance with state law, tbis charter or ordinance of the city.
(Ord. NO. 9, 1996, 0 3,7-27-96)
Section 7-1. Merit principle,
All appointments and promotions ofcity officers and employees shall be made solely on the
basis of merit and fitness demonatrated by professional evaluation or other evidence of
competence.
(ord. NO. 9,1996,g 4,7-27-96)
Section 7-2. Personnel system.
Consistent with all applicant fW d state lam, the city council shall provide by
ordinance for the creation, regulation and maintenance of a personnel system with established m prwcduree and policies including, but not limited to, appointments, classification and pay
w Supp. No. 2 m28
CHARTER 9 9-1
plans, promotions, force reduction, removals, working conditions, grievances, relationships
with employee organizations and other policies and procedures necessary to the administra-
tion of the city personnel system.
(Ord. No. 9, 1996, 4 4, 7-27-96)
ARTICLE VIIk DEPARTMENT HEADS
Section 8-1. Salary, dutiee, powera and complaint.
The city manager shall establieh such departments and appoint such department heads as
are necessary to the efficient management of the city.
The head of each department in the city government shall have governmental supervision
of such department and ehd see that the subordinate officers and employees in such
department comply with and enforce all ordinances, laws and rules relating to the powers and
duties of each department.
All complaints to any department head concerning the failure of that department or any of
its officers or employees to comply with or enforce any ordinance, law or rule of the city shall
be in writing and signed by the complainant. It shall then be the duty of that department head
to investigate the complaint and make a report of hidher findinga and recommendations to the
city manager within fifteen ('15) dayu thereafter or within such longer period of time as the city
manager may grant for good cause shown.
Any conflict of powem or duties between departments shall be resolved by the city manager.
(04. NO. 9, 1996, 8 5, 7-27-96)
Section 8-2. Compensation of mayor and council members.
The salaries of the mayor and council members shall be ked by ordinance, provided,
however, that the council shall not raise the salaries ofthe City council or the mayor during any
fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries
of all members of future councils, to take effed during the fiscal year following the adoption of
an ordinance to that effect.
(Od. NO. 9, 1996, 3 5, 7-27-96)
ARTICLE Dt: APPOINTMEWT, POWERS AND DUTIES OF CITY OFFICERS
Section 9-1. Powers and dutiea of the mayor.
The mayor shall preside as chairman at meetings of the city council, shall be recognized as
head of city government for all ceremonial purposes, by the governor for purposes of military
law, for service of process, execution of contracts, deeds and other documents, and as the city
ofticial designated to represent the city in dl other governmental meetings, but shall have no
administrative duties except as required to clrnry out the responsibilities herein. The mayor
shall have a voice and vote in the proceedings of the city council.
8 9-1 PALM BEACH GARDENS CODE
The vice-mayor shall assume the dutiea of the mayor during the absence or disability of the
In the absence or disability of both the mayor and Vice-mayor, the city council may appoint
mayor.
a chairman pro tem to fulfill the duties and hctions of said office.
(Ord. NO. 47, 2002, 9 2, 12-19-02/3-11-03)
Section 9-2. Powem and dutiea of tbe city clerk
The city clerk shall be in charge of all general office administration involving the day-to-day
business of the city and shall maintain all city records which the city manager may prescribe
by administrative rulea of procedure, attest all executory contracts made in behalf of the city
as evidence of authorization of such contra& by the city council, and no executory contracts
made in behalf of the city or to which the city is a party shall be valid unless attested by the
city clerk. [The city clerk shall] perform such other duties 88 the city council may prescribe by
ordinance.
Section 9-3, Powers and duties of the city treasurer.
The city treasurer shall receive, safely keep and disburse, under the direction of the council,
all funds belonging to or under the control ofthe municipali~, shall keep an accurate account
of all receipts and disbursements in such manner as the city manager shall direct. The
treasurer shall depoeit funds of the ciQ in such banks or trust companies aa the city manager
shall from time to time designate; and all checks drawn upon any depitory of the city funds
shall be signed by the treasurer unless otherwise provided by resohtion offbe council, and no
money shall be paid except by check, unless expreee authority to do so has been first given to
the treasurer by the city manager. All checks dram upon depitory of city funds shall be
countersigned by those persons designated by resolution of the city council.
0
ARTiCLE K. REMOVAL OF COUNCILMEN
Section 10-1. h.ocedur&
Any member of the city council of the said city may be removed from office and deprived of
the right to serve as such official for misfeasance, nonfeasance, malfeasance or any conduct of
an immoral or criminal nature cornmiteed while holding office; but, before any such official
shall be removed and denied the right to perform hia official duties, a written complaint shall
be filed with and presented to the city council by some citizen or taxpayer of said city, setting
forth in reasonable detail the offense of which the said official is charged. Such complaint shall
be considered by the city council, and if such council shall determine that the offense charged
is of such nature and gravity as to constitllte a ground, or cause, for the removal of such official,
CHT30
CHARTER 0 12-1
the council shall thereupon met a date for the hearing ofthe said oomplaint and did the chief
of police, or some other ofiicer of the city, to give the &cial so charged written notice of the
date of trial and also deliver to him a copy ofthe complaint so filed.
Upon the trial of such complaint, testimony ahall be heard by the council, both in support
and in defense of the charges made, and both the complainant and defendant shall have the
right to be repmsented by counsel; and, ifa mqjority ofthe membera of the council present at
such hearing shall find and determine that such official is guilty of either or all ofthe ofFenaes
as charged in the complaint, the cormdl shall thereupan adopt a resolution removing such
official and depriving him ofthe right to perfm his OfFicial duties and declaring hie office
vacant; and the said official shall no longer have the privilege ofperforming his official duties,
his office shall be vacated and hie m- shall themafter be selected in the manner provided
herein.
Upon any trial under the provisions ofthis article, all witneesea shall give teetimony under
oath and any member of the council prwent at auch hearing, or the mayor or the city clerk
shall be authorized to administer oaths.
section 10-2. Incumbent of?icertoturn over recards to mccemmr.
It shall be the duty of every officer ofthe city within ten (10) days after the expiration of his
term of office or ofhis removal th&m to deliver to his successor in office, or to such person
as the city council may designate, all books, d, papers, vouchers and property of wery
kind in bis possession or control belonging to the municipality.
ARTICLE XIk CREATION OF CITY OFFI- BONDS OF CITY EMPLOYEES
Section 12-1. Creation of ofKces.
The city council shall have the power and is hereby authorized to create mch offices as may,
in its judgment, be necessary for proper operation of the city and may in its judgment abolish
any office created. The city council shall have the power to prescribe the powers, duties and
compensation of all officers and employees of the a@ entcept those prescribed by this Charter.
*Editor's note--Ord. No. 9-1996,g 10, adopted July 27,1996, repaled the provisions of
former article XI, 49 11-1-11-3, which pertained to finance and taxation, as these provisions
are either governed by statute or may be regulated by city ordinance. With respect to Section
3 of Article XI, the city council shall adopt an ordinance governing the procedures for budget
transfers. The fiscal year of municipalities is governed by F.S., section 166.241. W~th respect
to the citfs annual budget, including the submission of a budget by the city manager and its
adoption by ordinance and posting, is governed by F.S., section 200.065. The provisions of
former 99 11-1-11-3 derived from Ord. No. 26, 1975, adopted January 29, 1976.
Sum. No. 2 C"T31
g 12-2 PAtM BEACH GARDENS CODE I
0 Won 12-2. Bonda of emplayess.
Any officer or employee of the city may be required to give such bond at3 the council may
prescribe by resolution.
Section lsll. Reparation and publication.
Thecityman~,attheendd~fiecalyear,ahallcansea~andcompleteeraminatian
and audit of all books and acooMtb ofthe city to be made by a certified public accountant and
shall publbh the rwults ofmch examination and audit fhr information ofthe city caund and
the general public and in compliance with the general statdee dthe State of Florida. The city
council may require, during the f%cal year, mch other financial reports ee it deems necemuy.
[Section1 16'1. Mayor, amy axmndmm or any elected omcirl may be rscr2lad.
his of her respective oflice ae provided under the general statutes of Florida. 0 The mayor, any councilman or any other elecfed aEticial may be recalled and remuved fnnn
Section 18-1. Ppwage or repeal ofordinmcs; Petiti0n;proaedara
The qualified voters ofthe city shall haw the power to institute initiative and referendum
procedures as provided by peral law oftbe State of Florida.
Seotion 17-1. Regulption by ordinance.
The city council shall, by ordinance, &de for and regulate the registration of voters and
the conduct of elections in accordance with the general law of Florida.
'State law reference-AnnuaI audit, F.S. 0 218.32.
tEditor'6 note-ord. No. 91996.9 7, adapted July 2'7,1996, repealed the provimana of
former article XlV, 40 141-149, which perkbed to city court, as all municipal courts have
been abolished pursuant to Article V, Section 2WdM4) of the Florida Conetitution. The
provisions of former 94 161-14-9 derived from Ord. No. 26,1975, adopted January 29,1976.
$State law refereacb-Recall of municipal elected officials, RS. 4 100.361.
++State law reference-Florida election code, F.S. chs. 97-106.
Sum. No. 2 c€m92
C"I%R 9 18-1
Section 17-2. Qualification of electors,
Aperson who shall pogaess the qualifications of an elector under the general laws of Florida
governing elections and shall reside in the city and shall have registered in accordance with
law shall be entided to vote at any election conducted by the city.
State law reference-Qualification and regidration of electars, F.S. 58 97.041,98.041.
SeJction 18-1. Meeting and proaednre of city council.
The city council shall meet at sueh time and place M may be prescribed by resolution. AU
meetings of the city council shall be open to the public. The enacting clauses of all ordinances
shall be "Be it ordained by the city council ofthe Cig ofpalm Beach Gardens, Florida" and the
procedure for adopting ordinances and reeolutians shall be as follows:
(1) As uaed in this section, the folhing words and tenas shall have the following
meanings unless Borne 0th- meaning is plainly indicatd
(a) Ordinance means an ofi!icial legislative action of a governing body, which action
is a regulation ofa general and permanent nature and enf'ble as a local law.
(b) Resolution means an expreaoion of a governing body concerning matters of
admmstra tion, an erpresaion of a temporary character, or a proviaion for the
disposition of a particular item of the administra tive businem ofthe gwerning
MY.
(2) Each ordinance or zwohtion EM be introduced in writing and shall embrace but one
abject and matters praperly ann& themwith. "he subject shall be clearly stated
in the title. No ordinance shall be revised or amended by refmnce to its title only.
Ordinances to revise or amend shall set out in full the revised or amended act or
section or subsection or paragraph of a section or subsection.
(a) A proposed ordinance may be read by title, or in W, on at least two (2) separate
days and shall, at least fourteen (14) daw prior to adoption, be noticed once in a
newspaper of general circulation in the municipality. The notice of proposed
enactment shall state the date, time, and place of the meeting, the title or titles
of proposed ordinances, and the place or places witin the municipality where
such proposed ordinanas may be inepeCtea by the public. Said notice shall ale0
advise that interested perties may appear at the meeting and be heard with
respect to the proposed ordinance.
(b) The governing body of a municipality may, by two-thirda vote, enact an erne>
gency ordinance without complying with the requirements of paragraph (a) of
this subseetion.
..
(3)
+State law retfemnce--Minimum mandatory ordinance and resolution adoption proce-
dure, F.S. 9 166.041.
Sum. No. 2 m33
6 18-1 PALM BEACH GARDENS CODE e (c) A proposed reeoluticm may be read by title only when authorized by a majority
vote of the city council.
(4) A mqjority of the members of the gwenning body shall constitute a quorum. An
aflfirmative vote ofa mqjority ofa quorum present shall be to enact any
ordinance or adopt any molutioq exax@ that tw&hirds of the membership of the
board is requiredtoenactan emergencyordinance . On final passage, the vote of each
member ofthe gaoerning body voting shall be entered an the acid record^ ofthe
meeting. AU ordinances or remlutions passed by the gciveming body ahdl became
ef€ective ten (10) days aftar passage or as otberwim provided therein.
(Ord. No. 18, 1984,t 1,9-2Wll-6-84)
Seetion 184. Rammed.
Editor'r note-Urd. No. 91996,O 12, adopted Jdy 27,1996, repealed the provhions of
former 9 182, which pertained to action requiring an ordimme , as the powere ofthe city to act
have been eatablished by F.S., Chapter 166. The provisions offormer 3 18-2 derived from Ord.
No. 26, 1975, adopted January 29, 1976.
Section 104. Cityunmcilmeetinlp
The city council shall hold at leest me regular meeting a month and m many special
meetingsttllmaybenecesaaryto~the~~oftheeity.enumboaofregular
meetingsin~ofoneandtheda~ofregularm~shallbeeetbyreaalutionofthecity
council or by a rnqjority of all membem ofthe city council. Special meetings may be called in
an emergency when the business to be transacted cannot be held over until the date ofa
regular meeting. The minutes ofthe mal meeting ahall amtain a statement oftbe purpose
ofthe meeting and the circumstancee ofthe emergency. Special meetings may be called by the
mayor or by a mqjority of all members ofthe city council. All meetings of the city council ahall
be held in the city hall, or in the event that ciQ hall is not convenient for the holding of a
meeting, then a meting of the city coupcil may be held in such other place in the City of Palm
Beach Gardens as the city council may determine, provided, however, that notice of the time
and place ofany meeting ofthe city council other than in the city hall shall be posted at lead
five (5) consecutive days before eaid meeting at the city hall. The city council may determine
its own rules of procedure, may punish ita own memh for miscanduct and may compel
attendance of members. The majority of all the members of the council ehdl constitute a
quorum to do business, but a smaller number may adjourn fiom time to time.
e
Section 18-4. Posting or publicrtion oi odinmacem.
It shall be the duty ofthe city clerk to keep a record ofall ordinances adopted by the coullcil
in a book kept fbr that purpme. Acopy ofany ordinan- therefrom, certified to by the clerk
under the mal of the cityp shall be taken and considered in all courts of thia state an prima facie
evidence that ouch ordinance wan duly passed and posted or published as required by law. It
0 shall be the duty of the city council to keep a record of all otdinancea enacted by it. The council
Supp. No. 2 m34
shall post all propwed ordinances at the city hall drning the period between the ht and
second readings and it shall promulgate without unnemwary delay all ordinances that have
been passed, and post the me at the city hall in a book kept for that purpoae.
Section 18-6. F’ranchiaea
Subject only to the provisions ofthe constitutiaa ofthe State of Florida and this Charter,
the city council may grant franchieea far public utilities, transportation facilities, or for any
other lawful purpose whatsoever for terms not to exceed thirty (30) pars. At the discretion of
the council, it may grant to private concern the right fa construct, maintain and operate public
or quasi-public pmjecta fbr terms not to exceed thirty (30) years. No public franchise of any
description shall be granted except by ordinance. Whenwer mch an ordinance haa been
passed upon ita first reading by the couI1cil, the council shall have the same posted publicly in
full, entitled “A propoeed Ordinance of the City of Palm Beach Gardem Granting a Public
Franchise,” for a period of thirty (30) days before the coullcil shall take further action thereon.
If such ordinance is amended after such posting, it ehall be cansidered an again up for the first
reading. Upon passagetheordinance shall againbe poeted an herein required.
Supp. No. 2 em35
9 22-1 PALM BEACH GARDENS CODE
ARmcLExIx:ResERvEIT
ARTIcLEmRE8EIzvEDt
ARTIcm3xgI:RJmmvEm
ARTIwxKnr (mA€rmR-m*
sec. -1. ChrrLsFrevienv.
five years, the ten^ and provisions af thia Charter shall be reviewed.
As often an the council may deem necemary, but in any event, not lees frequently than every
(Ord. NO. 9, 1996,g 6,7-27-96)
*Editor’s note4h-d. No. 9-1996,$8, adapted July 27,1996, repealed the prwisionS of
former article XM, 9% 19-1-19-5, which pertaiaed to tax aaeesament.~ and leviea, o all
taxation authority comes from F.S., Section 166.201, et aeq. Municipalities must report
financee annually in accordance with F.S., Won 166.241(1); tax appraisals are governed by
state law pursuant to ES., Section 193.116(2) contained in F.S., Section 166.101, et eq. The
provisions of former 08 19-1-19-5 derived hm Ord. No. 26,1975, adopted January 29,1976.
tEditor’s note--Ord. No. 9-1996,g 11, adopted July 27,1996, repealed the provisions of
former article XX, 5 20-1, which pertained to bond issues, as the full authority to issue bonds
and borrow money or to contract for loans ie govemed by RS., Sections 166.101-166.141. The
provisions of former 9 20-1 derived hm Ord. No. 26,1975, adopted January 29, 1976.
$Editor% note--Ord. No. 9-1996,g 9, adopted July 27,1996, repealed the provisiom of
former article XXI, 8 21-1-214, which pertained to liability of city in legal actions, o the
liability of the city in legal actions for pereonal iqjuriea or property damage due to negligence
is governed by F.S., Section 768.28 and Article X, Section 13 of the Florida Constitution. The
provisions of former 44 21-1-2144 derived from oni. No. 26,1975, adopted January 29,1976.
*%ate law refmendharter amendment procedure, F.S. 0 166.031.
Sum. No. 2 C”
City of Palm Beach Gardens
C [mn cil Agenda
October 19,2006
/Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
JCouncil Member Jablin
w' Vice Mayor Barnett Council Member Levy
J Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 19,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS. MODIFICATIONS:
(Page 5) ANNOUNCEMENTS /PRESENTATIONS:
a. Presentation of a check from Palm Beach Gardens Medical Center for Police
Department AED Units.
Presentation by the American Heart Association designating Palm Beach Gardens
as a Heart Safe City.
b.
Jc. Presentation of the Distinguished Budget Award and the Certificate of
Achievement for Financial Reporting by John Pryor with the FGFOA (Florida
Government Finance Officers Association).
JV. ITEMS OF RESIDENT INTEREST AND BOARD/COMMI"TEE REPORTS:
VI. CITY MANAGER REPORT
VIL COMMENTS FROM THE PUBLIC: mor Items Not on the APenda, Dlease submit
reuuest form to the Citv Clerk Dnor to this Item)
Vm. (Pase 6) CONSENT AGENDA:
a. Approve Minutes from the September 20, 2006 regular City Council meeting.
Y
b. (Staff ReDort on PaPe 13, Resolution on Page 15) Resolution 122, 2006 -
Continuing contract for professional services to Ardaman & Associates, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a work authorization to Ardaman & Associates, Inc. for consulting
services associated with year No. 6 of the Gardens Park Contamination
Remediation Project; and providing an effective date. (POC Angela Wong)
”. (Page 21) Make a Difference Day Proclamation (POC Patty Snider)
M. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
Part 11 - Non-Quasi-judicial
X. RESOLUTIONS:
a. $Staff Report on Page 22, Resolution on F e 25) Resolution 120, 2006 -
Approving and ratieing the collective bargaining agreement between the City and
the SEW. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving and ratifLing a collective bargaining agreement between the
National Conference of Firemen and Oilers (SEW), Local 1227, and the City of
Palm Beach Gardens for the fiscal years 2006-2007, 2007-2008, 2008-2009;
authorizing the Mayor and the City Clerk to execute said agreement; and
providing an effective date.
XI
b. $Staff ReDort on Pape 75, Resolution on Pag Resolution 121, 2006 -
Approving nineteen (19) continuing contracts tor professional services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving continuing contracts for professional services to Ardaman &
Associates, Inc.; Calvin, Giordano & Associates, Inc.; Dunkelberger Engineering
& Testing, Inc.; Elements, LLC; Jordan, Jones, & Goulding, Inc.; Keith and
Schnars, Inc. P.A.; L D Astorino Architects, Inc.; L M Engineering, Inc. d/b/a
GFA International; Mactec Engineering and Consulting, Inc.; McMahon
Transportation, Engineering, and Planning, Inc.; Mock Roos & Associates, Inc.;
Nutting Engineers of Florida, Inc.; Radise International, L.C.; R.J. Behar &
Company, Inc.; The RMPK Group, Inc.; Saltz Michelson Architects, Inc.; Scheda
Ecological Associates, Inc.; The Tamara Peacock Company; and Wantman
Group, Inc. as required by Consultants’ Competitive Negotiation Act; and
providing an effective date.
ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
WC-P (Page 461 ) Charter Review Committee Report
m\+/oc + a*
Xm. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any mutter 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 tesa;mOny and evidence upon which the appeal is
to be based
In accorhnce with the Americans with Disabilities Act and Section 286.26, Florih Statutes,
persons with disabilities needing special accommodatro * ns in order to participate in this
proceeding are entitled to theprkwn of cerfain assistance at no cost. Please call the City
Clerk’s Office at 561- 799-4122 no &er than 5 days prior to the hearing if this assistance is
required For hearing impaired assktunce, please call the Florih Relay Service Numbers:
800-955-8771 (TOO) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS.
DELETIONS:
MODIFICATIONS:
NONE
Under Announcements/Presentations:
The Representatives from both the Palm
Beach Gardens Medical Center and the
American Heart Association are unable to
attend tonight so they have asked to be
rescheduled. Items a. and b. will be
moved to November 2"d agenda.
NONE
City of Palm Beach Gardens
Council Agenda
October 19,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 19,2006
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
0 ' 111. ADDITIONS, DELETIONS, MODIFICATIONS: Y0
IV ANNOUNCEMENTS / PRESENTATIONS: -' 'n
Presentation of a check from Palm Beach Gardens Medical Center for Police "WL Department AED Units.
dm kl6Cq.
1 Ip-
Presentation by the American Heart Association designating Palm Beach Gardens
as a Heart Safe City.
c. Presentation of the Distinguished Budget Award and the Certificate of
Achievement for Financial Reporting by John Pryor with the FGFOA (Florida
Government Finance Officers Association).
7: 06
V. ITEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS: 7:ll
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the Citv Clerk prior to this Item1 3'30
VIII. CONSENT AGENDA: 7 :.tY
a. /D7~L' -Approve Minutes from the September 20, 2006 regular City Council .f meetin,.
IX.
X.
7 Wt
b. /Staff Report on Page 13, Resolution on Page 15) Resolution 122, 2006 -
Continuing contract for professional services to Ardaman & Associates, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a work authorization to Ardaman & Associates, Inc. for consulting
services associated with year No. 6 of the Gardens Park Contamination
Remediation Project; and providing an effective date.
C. (Page 21) Make a Difference Day Proclamation.
PUBLIC HEARINGS:
Part I - Quasi-iudieial
Part I1 - Non-Quasi-iudicial
RESOLUTIONS:
a.
Y-0
b. 7%
/Staff Report on Page 22, Resolution on PaPe 25) Resolution 120, 2006 -
Approving and ratifying the collective bargaining agreement between the City and
the SEW. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving and ratifying a collective bargaining agreement between the
National Conference of Firemen and Oilers (SEIU), Local 1227, and the City of
Palm Beach Gardens for the fiscal years 2006-2007, 2007-2008, 2008-2009;
authorizing the Mayor and the City Clerk to execute said agreement; and
providing an effective date.
lSttlff Renort on Page 75. Resolution on Paee 78) Resolution 121, 2006 -
Approving nineteen (1 9) continuing contracts for professional services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving continuing contracts for professional services to Ardaman &
Associates, Inc.; Calvin, Giordano & Associates, Inc.; Dunkelberger Engineering
& Testing, Inc.; Elements, LLC; Jordan, Jones, & Goulding, Inc.; Keith and
Schnars, Inc. P.A.; L D Astorino Architects, Inc.; L M Engineering, Inc. d/b/a
GFA International; Mactec Engineering and Consulting, Inc.; McMahon
Transportation, Engineering, and Planning, Inc.; Mock Roos & Associates, Inc.;
Nutting Engineers of Florida, Inc.; Radise International, L.C.; R.J. Behar &
Company, Inc.; The RMPK Group, Inc.; Saltz Michelson Architects, Inc.; Scheda
Ecological Associates, Inc.; The Tamara Peacock Company; and Wantman
Group, Inc. as required by Consultants’ Competitive Negotiation Act; and
providing an effective date.
XI
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
f+ a. (Page 461) Charter Review Committee Report
ORDINANCES: (For Consideration on First Reading)
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such 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 later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
_.
LORID
Board of County Commissioners -Accounting Division
I I5 S. Andrews Ave. Suite 221 Ft. Lauderdale, FL 33301
jpryor@bravonl.org
www.bravord.og
954-357-7140 hx 954-357-7693
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the %omments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the foundation of a humane and just society is the people's
willingness to work together for the comTTWn good; and
WHEREAS, our country's volunteer force is a great treasure; and
WHEREAS, self-sacrificing individuals TTWbilized to help others can stem
the tide of poverty, hunger, 1wmelessness, abuse, and other problems that afflict
society; and
WHEREAS, the giving of one's service empowers the giver and the
recipient; and
WHEREAS, it is the duty of our citizens to find opportunities to make a
difference in the lives of t1wse around them and dedicate time and resources to
their community;
NOW, THEREFORE> I, Joseph R. Russo, by virtue of the autlwrity vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
Saturday, October 28, 2006 as
"MAKE A DIFFERENCE DAY"
In the City of Palm Beach Gardens and urge citizens to engage in projects
benefiting the community.
A~
IN WITNESS WHEREOF, I have
hereuntD set my hand and caused
the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on
this 19h day of October, nuo
Thousand and six.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the foundation of a humane and just society is the people's
willingness to work together for the common good; and
WHEREAS, our country's volunteer force is a great treasure; and
WHEREAS, self-sacrificing individuals TTWbilized to help others can stem
the tide of poverty, hunger, Jwmelessness, abuse, and other problems that afflict
society; and
WHEREAS, the giving of one's service empowers the giver and the
recipient; and
WHEREAS, it is the duty of our citizens to find opportunities to make a
difference in the lives of tlwse around them and dedicate time and resources to
their community;
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the autlwrity vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
Saturday, October 28, 2006 as
"MAKE A DIFFERENCE DAY"
In the City of Palm Beach Gardens and urge citizens to engage in projects
benefiting the community.
Attest:
~~~
JfGtriCiaSnider, C ' City Clerk
IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on
this 19h day of October, Two
Thousand and six.