REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

REGULAR MEETING OF THE 

WELLINGTON VILLAGE COUNCIL 

Darell Bowen, Mayor 

Matt Willhite, Vice Mayor 

Dr. Carmine A. Priore, Mayor pro tem 

Howard K. Coates, Jr., Councilman 

Anne Gerwig, Councilwoman 

Wellington City Hall 

12300 Forest Hill Boulevard 

Wellington, Florida 

TUESDAY, AUGUST 23, 2011 

7:00 PM 

FINAL AGENDA 

1. CALL TO ORDER 

2. PLEDGE OF ALLEGIANCE 

3. INVOCATION 

Rabbi Stephen Pinsky, Temple Beth Torah, Wellington 

4. APPROVAL OF AGENDA 

5. PRESENTATIONS AND PROCLAMATIONS 

A. RECOGNITION OF HIGH SCHOOL SUMMER SERVICE INTERNS 

Recognition of the contributions of the high school summer service student interns. 

B. EMPLOYEE OF THE MONTH THROUGH THE EMPLOYEE RECOGNITION PROGRAM 

Recognition of J.C. De Los Reyes and Yoke Kung as the May and June 2011 Employees of 

the Month and John LaCicero and Mike Hammock as the July 2011 Employees of the Month 

through the Employee Recognition Program.

Wellington Council Meeting August 23, 2011 Page 2 of 336 

C. TOP COP AND TOP FIREFIGHTER AWARDS 

Approval of the Public Safety Committee recommendations for Top Cop and Top Firefighter 

for 2011. 

6. CONSENT AGENDA 

A. AUTHORIZATION TO RENEW THE CONTRACTS FOR INSPECTION SERVICES FOR 

THE PLANNING, ZONING & BUILDING DEPARTMENT 

Authorization to renew contracts for inspection services for the Planning, Zoning & Building 

Department. 

B. AUTHORIZATION TO AWARD A CONTRACT TO EAGLE ENTERPRISES, INC. FOR THE 

RELOCATION OF STORAGE BUILDINGS AT THE WATER TREATMENT FACILITY 

Authorization to award a contract to Eagle Enterprises, Inc. for the relocation of two (2) 

storage buildings at the water treatment facility in the amount of $32,900.00. 

C. AUTHORIZATION TO RENEW THE CONTRACT FOR AQUATIC VEGETATION 

CONTROL SERVICES 

Authorization to renew the contract for aquatic vegetation control with Clarke Aquatic 

Services, Inc. in the amount of $330,000. 

D. AUTHORIZATION TO ENTER INTO CONTRACT NEGOTIATIONS WITH MD NOW 

MEDICAL CENTERS AS EMPLOYEE HEALTHCARE PROVIDER 

Authorization to enter into contract negotiations with MD Now Medical Centers as Employee 

Healthcare Provider. 

E. AUTHORIZATION TO AWARD THE CONTRACT FOR THE PURCHASE AND DELIVERY 

OF SPORTS UNIFORMS TO SCOTTY'S SPORT SHOP 

Authorization to award the contract for the purchase and delivery of sports uniforms to 

Scotty's Sport Shop. 

F. AUTHORIZATION TO UTILIZE THE CLAY COUNTY CONTRACT WITH MUSCO SPORTS 

LIGHTING FOR LIGHTING UPGRADES AT VILLAGE PARK AND WELLINGTON 

COMMUNITY PARK FACILITIES 

Authorization to utilize the Clay County contract with Musco Sports Lighting for lighting 

upgrades at Village Park and Wellington Community Park facilities. 

G. RESOLUTION R2011-57 (PALM BEACH COUNTY SHERIFF'S OFFICE FY2012 BUDGET 

AND CONTRACT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL APPROVING AND 

AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH PALM


BEACH COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; AND 

PROVIDING AN EFFECTIVE DATE. 

Approval of Resolution R2011-57 for the Palm Beach County Sheriff's Office FY2012 budget 

and contract. 

H. RESOLUTION R2011-60 (REMOVAL OF EX-OFFICIO MEMBERS FROM THE 

EQUESTRIAN PRESERVE COMMITTEE) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO THE 

EQUESTRIAN PRESERVE COMMITTEE REMOVING THE EX-OFFICIO MEMBERS 

FROM THE COMMITTEE DUE TO THE ENACTMENT OF THE PALM BEACH COUNTY 

ETHICS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 

Approval of Resolution R2011-60 which eliminates the ex-officio positions from the 

Equestrian Preserve Committee due to the Palm Beach County Ethics reducing their ability 

to significantly participate in Committee deliberations. 

7. PUBLIC HEARINGS 

A. ORDINANCE NO. 2011-05 (ZTA ON RVS IN THE EOZD) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL, RELATING TO 

RECREATIONAL VEHICLES; AMENDING ARTICLE 6, “ZONING DISTRICTS”, 

“EQUESTRIAN OVERLAY ZONING DISTRICT”, SEC. 6.10.9.A “TEMPORARY 

RESIDENCES AND RECREATIONAL VEHICLE PARKS” OF WELLINGTON’S LAND 

DEVELOPMENT REGULATIONS FOR RECREATIONAL VEHICLES ON RESIDENTIAL 

PROPERTY ON RESIDENTIAL PROPERTY WITHIN THE EQUESTRIAN OVERLAY 

ZONING DISTRICT (EOZD) AND REGULATIONS THEREFORE AMENDING 

REGULATIONS RELATING TO RECREATIONAL VEHICLE PARKS WITHIN THE EOZD; 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING 

A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 

To amend Wellington's Land Development Regulations Equestrian Overlay Zoning District 

(EOZD) as it relates to Recreational Vehicles on Residential Property within the EOZD and 

providing regulations therefore and amending regulations relating to Recreational Vehicle 

Parks within the EOZD. 

B. RESOLUTIONS ADOPTING THE BUDGETS AND ASSESSMENT RATES AND WATER 

AND WASTEWATER UTILITIES FOR ACME IMPROVEMENT DISTRICTS AND 

WELLINGTONS SOLID WASTE ASSESSMENTS 

A. RESOLUTION AC2011-08 (ACME BUDGET) 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME IMPROVEMENT 

DISTRICT ADOPTING THE DISTRICT BUDGET AND NON-AD VALOREM ASSESSMENT 

ROLL AS PROVIDED HEREIN; LEVYING OF THE NON-AD VALOREM ASSESSMENTS 

FOR THE DISTRICT AND APPOINTING AN AUTHORIZED REPRESENTATIVE OF THE 

DISTRICT FOR CERTIFICATION OF THE DISTRICT’S NON-AD VALOREM 

ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE.


B. RESOLUTION AC2011-09 (ACME WATER SEWER UTILITY BUDGET) 


DISTRICT ADOPTING THE WATER AND SEWER UTILITY BUDGET FOR THE FISCAL 

YEAR COMMENCING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; AND 


C. RESOLUTION R2011-55 (SOLID WASTE COLLECTION) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE SOLID 

WASTE COLLECTION PROGRAM BUDGET AND NON-AD VALOREM ASSESSMENT 

ROLL AND LEVYING THE NON-AD VALOREM ASSESSMENTS FOR SOLID WASTE 

COLLECTION AND DISPOSAL WITHIN THE JURISDICTIONAL BOUNDARIES OF 

WELLINGTON; PROVIDING FOR RATES AND APPOINTING AN AUTHORIZED 

REPRESENTATIVE OF WELLINGTON TO CERTIFY THE SOLID WASTE COLLECTION 

NON-AD VALOREM ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. 

Board approval of Resolution numbers AC2011-08 and AC2011-09 as presented adopting 

FY 2011/2012 budgets and assessment rates and appointing the Acme President as the 

official authorized representative to certify the non-ad valorem assessment rolls and Council 

approval of Resolution R2011-55 as presented adopting the FY 2011/2012 solid waste 

collection and disposal assessments. 

8. REGULAR AGENDA 

A. ORDINANCE NO. 2011-07 (CHANGING THE DATES OF WELLINGTON'S ELECTION) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL RELATING TO CHANGING 

THE DATES OF WELLINGTON’S ELECTION FOR COUNCIL FROM THE SECOND 

THURSDAY IN MARCH TO THE FIRST TUESDAY IN NOVEMBER BY AMENDING 

ARTICLE II “COUNCIL” OF WELLINGTON’S CODE OF ORDINANCES BY ENACTING A 

NEW SECTION II.1 ENTITLED “SCHEDULE OF COUNCIL ELECTIONS”; TO PROVIDE 

FOR A NEW ELECTION DATE TO COINCIDE WITH THE BI-ANNUAL STATE AND 

NATIONAL ELECTIONS IN NOVEMBER; PROVIDING A CANDIDATE QUALIFYING 

PERIOD; PROVIDING A DATE THE ELECTED CANDIDATE WOULD ASSUME OFFICE; 

PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE AND 


Staff recommends Council consideration and direction with respect to the potential change in 

dates for the 2012 and forthcoming elections. 

B. RESOLUTION R2011-59 (AUTHORIZATION TO ENTER INTO PURCHASE AND SALES 

AGREEMENTS WITH QUALIFIED AND APPROVED BUYERS FOR WELLINGTON'S NSP 

HOMES) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE 

MANAGER OR HIS DESIGNEE TO NEGOTIATE, ENTER INTO AND EXECUTE 

CONTRACTS FOR THE SALE OF PROPERTIES ACQUIRED THROUGH 

WELLINGTON’S PARTICIPATION IN THE FEDERALLY FUNDED NEIGHBORHOOD 

STABILIZATION PROGRAM (NSP); REQUIRING THE MANGER TO FOLLOW NSP 

GUIDELINES; PROVIDING FOR WELLINGTON’S STAFF AND PERSONNEL TO 

FACILITATE AND ADMINISTER CLOSINGS FOR THE PROPERTIES; PROVIDING THAT


THE MAYOR AND CLERK ARE AUTHORIZED TO EXECUTE ANY AND ALL DEEDS 

TRANSFERRING THE PROPERTIES UNDER THE TERMS OF THE NEGOTIATED 

CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. 

Authorization for the Manager or designee to enter into Purchase and Sales Agreements 

with approved applicants meeting all Federal NSP guidelines as set forth in the NSP 

Agreement between Wellington and Palm Beach County. 

C. RESOLUTION NO. R2011-58 (CONTRACT FOR SALE AND PURCHASE OF PROPERTY 

LOCATED ON GOLDENROD ROAD) 

A RESOLUTION OF THE WELLINGTON, FLORIDA’S COUNCIL APPROVING THE 

CONTRACT FOR SALE AND PURCHASE BETWEEN WELLINGTON AND THE 

CHARLES J. TRICK TRUST FOR THE ACQUISITION OF PROPERTY LOCATED ON 

GOLDENROD ROAD IN WELLINGTON DESCRIBED AS LOT 3 OF BLOCK 46 OF 

SUGARPOND MANOR OF WELLINGTON ACCORDING TO THE PLAT THEREOF 

RECORDED IN PUBLIC RECORDS OF PALM BEACH COUNTY AND AUTHORIZING 

THE VILLAGE MANAGER TO EXECUTE THE CONTRACT FOR PURCHASE; AND 


Approval of Resolution No. R2011-58 and Authorization for the Manager to enter into the 

contract and close on the property in accordance with Goldenrod for park purposes. 

9. ATTORNEY’S REPORT 

10. MANAGER’S REPORT & UPDATES 

11. COUNCIL REPORTS 

12. CLOSING COMMENTS 

13. PUBLIC FORUM 

14. ADJOURNMENT 

NOTICE 

If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting, you will need 

a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the 

testimony and evidence upon which the appeal is to be based. (The above notice is required by State Law. Anyone desiring a verbatim 

transcript shall have the responsibility, at his own cost, to arrange for the transcript). 

Pursuant to the provision of the Americans With Disabilities Act: any person requiring special accommodations to participate in these 

meetings, because of a disability or physical impairment, should contact the Village Manager’s Office (561) 791-4000 at least five calendar 

days prior to the Hearing.


5. A 


AGENDA ITEM SUMMARY 

AGENDA ITEM NAME: RECOGNITION OF HIGH SCHOOL SUMMER SERVICE INTERNS 

ACTION REQUESTED: Discussion Approval 

BUDGET AMENDMENT 

REQUIRED: Yes No See Below 

PUBLIC HEARING: Yes No 

FIRST READING 

SECOND READING 

REQUEST: Recognition of the contributions of the high school summer service student interns. 

EXPLANATION: The high school summer service program (HSS) began on June 6 th and 

concluded on August 4 th . Thirteen students were selected and placed within Wellington’s offices to 

assist with projects and tasks. During the eight week long program, students gained valuable 

knowledge and work experience. The students who participated have all earned above a 3.0 grade 

point average and are actively involved in extracurricular activities. They each took the opportunity 

to get involved in local government while earning 75 community service credit hours and have been 

a valuable asset during the eight week program. We are proud that they are part of our community. 

LEGAL SUFFICIENCY: Yes 

FISCAL IMPACT: N/A 

VILLAGE GOAL: Neighborhood Renaissance 

RECOMMENDATION: Recognition of the contributions of the high school summer service student 

interns.


5. B 



AGENDA ITEM NAME: EMPLOYEE OF THE MONTH THROUGH THE EMPLOYEE 

RECOGNITION PROGRAM 




PUBLIC HEARING: Yes 

No 

FIRST READING 


REQUEST: Recognition of J.C. De Los Reyes and Yoke Kung as the May and June 2011 

Employees of the Month and John LaCicero and Mike Hammock as the July 2011 Employees of the 

Month through the Employee Recognition Program. 

EXPLANATION: J.C. De Los Reyes is a Senior Programs Coordinator in Parks & Recreation. J.C.'s 

hard work and determination has helped to make Wellington Little League one of the best. 

Residents have told us that J.C. is the reason their family stays connected to Wellington Little 

League and that he always takes the time to answer questions with a smile. Please join us in 

congratulating J.C. as May’s Employee of the Month! 

Yoke Kung is a Maintenance Worker II and has been working at the Community Center for the past 

5 years. Yoke takes great pride in his work and exhibits a flexibility and willingness to pitch in 

wherever he might be needed. Yoke is a great asset to Wellington. Please join us in congratulating 

Yoke as June’s Employee of the Month! 

John LaCicero and Mike Hammock are maintenance worker II’s in the aquatics and sports facilities 

department. The hard work of these employees is evident in the condition of the Olympia baseball 

fields. Both John and Mike have received many acclamations from residents regarding the quality 

and safety of the fields as well as their courteous, professional and respectful manner. Please join 

us in congratulating John and Mike as July’s Employees of the Month. 



VILLAGE GOAL: Protecting our Investment 

RECOMMENDATION: Recognition of J.C. de los Reyes and Yoke Kung as May and June’s 

“Employee of the Month” respectively and John LaCicero and Mike Hammock as July’s Employees 

of the Month.


5. C 



AGENDA ITEM NAME: TOP COP AND TOP FIREFIGHTER AWARDS 





No 

FIRST READING 


REQUEST: Approval of the Public Safety Committee recommendations for Top Cop and Top 

Firefighter for 2011. 

EXPLANATION: Annually the Wellington Council recognizes those Public Safety personnel that 

have been nominated as Wellington’s Top Cop and Top Firefighter. 

For 2011, both Captain Hart of the Wellington District 8 Sheriff’s Office and Battalion Chief Nigel 

Baker of Palm Beach County Fire Rescue Battalion 2 nominated their respective candidates for this 

award. Captain Hart’s nominations included Deputy Sheriff Daniel Delia, Deputy Sheriff David 

Murray, Deputy Sheriff Safford, Deputy Sheriff Gonzalez, Corporal Paul Rubino, Deputy Sheriff 

Turner and Deputy Sheriff Martin Casarez. Chief Baker nominated Lieutenant Scott Stanton and 

Captain Jay Ackerman. 

These nominations were presented to the Public Safety Committee for consideration at the June 

22 nd regular meeting, at which time the Committee selected this year’s winners. 

The Top Cop selected by the Committee for 2011 was Deputy Sheriff Daniel Delia. The Top 

Firefighter selected by the Committee for 2011 was Lieutenant Scott Stanton. 




RECOMMENDATION: Approval of the Public Safety Committees recommendations for the 

Wellington Top Cop and Top Firefighter Awards for 2011.

Wellington Council Meeting August 23, 2011 Page 9 of 336










6. A 



AGENDA ITEM NAME: AUTHORIZATION TO RENEW THE CONTRACTS FOR INSPECTION 

SERVICES FOR THE PLANNING, ZONING & BUILDING DEPARTMENT 





No 

FIRST READING 


REQUEST: Authorization to renew contracts for inspection services for the Planning, Zoning & 

Building Department. 

EXPLANATION: The Planning, Zoning and Building Department provides plan reviews for 

residential and commercial building applications and inspection services to include building, 

plumbing, electrical and mechanical HVAC for structures in which permits have been issued. 

Outside service vendors provide support by ensuring continued and uninterrupted permitting 

services for all construction regulated by the Florida Building Code as well as during staff absence 

and during periods of increased construction activities when current staff levels are not sufficient to 

provide the minimum statutory services required by the State of Florida. 

Wellington’s current contracts are with the following vendors: 

Awardee 

Local Vendor Status 

Hy-Byrd (Primary) Palm Beach County 

Bureau Veritas North America (Primary) Not Local 

M.T. Causley, Inc. (Primary) 

Not Local 

O’Donnell, Naccarato, Mignogna, & Jackson, Inc. Palm Beach County 

(Secondary) 

The original contracts were for two years ending on September 30, 2010. The contract provided for 

the possibility of three one year extensions. The first extension of the existing contracts expires on 

September 30, 2011. The Building Division is recommending exercising its second renewal option 

good through September 30, 2012. 

Awarded vendors will be compensated only for time spent performing inspection services on an as 

needed basis. While similar rate structures are found in the open market, staff would like to 

continue with the current contractors because of the value added by their experience and familiarity 

with Wellington operations.



FISCAL IMPACT: A total of $50,000 is allocated for FY 2012 in the Building Department’s budget 

for these expenditures. 

VILLAGE GOAL: Responsive Government 

RECOMMENDATION: Authorization to renew contracts for inspection services for the Planning, 

Zoning and Building Department.


AUG 2 8 1008 

STANDARD PROCUMENT AGREEMENT ~ 

y "~' 

THIS AGREEMENT is made and entered into this 

y,(~ re, 

I 

2008 by and 

between the Village of Wellington, a municipal corporation, (hereinafter referred to as 

Village"), and Hy-Byrd, Inc. , Inc. a corporation, (hereinafter 

Vendor" or "Contractor"). 

referred to as either 

RECITALS: 

WHEREAS, the Village desires to retain the services of Vendor/Contractor to provide 

Inspection Services in accordadce with the Village's Request for Proposal, RFP Number 

025-08/ RJB and the Vendor/Contractor' s response thereto all of which are incorporated 

herein by reference. 

NOW, THEREFORE, in consideration of the mutual promises 

and other good and valuable consideration and the sum of Ten ($ 10.00) 

Vendor/Contractor acknowledges receipt of the parties agree 

as follows: 

and covenants herein 

Dollars of which 

ARTICLE 1. INCORPORATTON OF RFP OR BID 

shall include and 

The terms and conditions and specifications of this Agreement 

incorporate the terms, conditions and specifications set forth in the Village's Request for 

Proposal RFP Number 025-08/ RJB hereinafter ( called "RFP") and the 

Vendor's/ 

Contractor's Response to the RFP including all documentation required 

hereunder. 

ARTICLE 2. SCOPE OF SERVICES AND OR GOODS AND OR 

COMMODITIES AND CONTRACT TIME 

The Vendor/Contractor shall perform the services identified in the specifications in the 

Village's 

RFP and Vendor/Contactor' s response thereto, all of which are incorporated 

herein by reference. Vendor/Contractor agrees to abide by 

RFP in strict conformance with the same and pursuant to this Agreement. The parties 

hereto acknowledge that the Village reserves the right, but not the obligation to change 

the Scope of the RFP herein via a written modification to this Agreement. 

the terms and conditions of the 

The Vendor/Contractor recognizes that time is of the essence. The Contract duration is 

two years from the Effective Date of October 1, 2008 through September 30, 2010, with 

three (3) one year renewals. If Vendor/Contractor fails to timely perform in accordance 

with the RFP within the time provided for herein and in the RFP than such failure shall 

be cause for default and the Village shall be entitled to seek all damages as are provided 

in law and or 

equity. 

ARTICLE 3. COMPENSATION


The parties hereto agree that the Contract Amount is in accordance with the rates 

provided for in RFP and the Vendor's response thereto. The parties hereto understand 

that the Village has budgeted for this Contract. Nothing herein, however shall prevent the 

Village from seeking a budget amendment and modification to this Contract should it 

require additional sums of money 

or a modification to the Contract. However, all 

purchases shall be done in accordance with the Village's Purchasing and Procurement 

Manuals and all policies and procedures. Further this Agreement is subject to fiscal 

funding out in accordance with the laws of the state of Florida. 

ARTICLE 4. INVOICES AND PAYMENT 

A. Invoices 

The Vendor/Contractor shall submit invoices to the Village for work performed within 

thirty days from the date of such services and shall send all invoicing by 

further provided for in the RFP. 

U.S. Mail and as 

B. Pavment 

The Village shall pay each invoice in accordance with the RFP and if no there is no 

mention of payment than in accordance with the Florida Prompt Payment Act, (F.S. 

218.70 et. seq.). Unpaid invoices shall bear interest as provided for in the Act. 

ARTICLE 5. INSURANCE 

Vendor/Contractor shall maintain all insurance requirements as more particularly 

provided for in the Specifications of the RFP. However, if no insurance has been provide 

for in the Specifications of the RFP than Vendor/Contractor shall maintain general 

liability insurance, workman's compensation insurance, business automobile liability 

insurance: Owned vehicles and Non-Owned vehicles and such other insurance requested 

by the Village's Risk Management Department and with such limits of insurance and 

deductibles as the Department deems necessary as it relates to this Agreement and the 

RFP. Prior to commencing any work or providing such services required in the RFP the 

Vendor/Contractor shall provide to the Village proof of such insurance coverage that the 

Village has requested. 

ARTICLE 6. BONDS OR SURETY 

The Village may require Vendor/Contractor to provide payment and performance bonds 

for such RFP if not already provided for in the specifications. Should the Village require 

such bonds it shall notify Vendor/Contractor prior to commencement of any work 

required in the RFP herein and no work shall commence until the Village has received 

and approved such bonds. The amount of such bonds and the form of such shall be 

determined by the Village and shall be in conformance with F.S. 255.05, if applicable.


ARTICLE 7. CONTRACT PRODUCTS, WORK, GOODS & SERVICES 

The Vendor/Contractor agrees, warrants, covenants and represents that all services shall 

be performed pursuant to the terms and conditions of the RFP, including any services 

done or performed by any sub-contactor or agent of Vendor/ Contractor. Further, 

Vendor/Contractor warrants that the above services shall be free from all defects and 

done in a workman like manner. The Vendor/Contractor warrants the merchantability and 

fitness of the services for the Village's intended purposes as provided for in the RFP. The 

Vendor/Contractor agrees to warrant the services from the date of acceptance of the 

services by the Village or final payment, which ever is later. The Vendor/Contractor 

agrees to supply to the Village adequate personnel and services to provide timely 

completion of all matters provided for in the RFP and Vendor's/ Contractor's response 

thereto. The Contractor agrees to designate to the Village in writing a representative of 

Vendor/Contractor who shall be the contact person for this RFP. 

ARTICLE 8. 

The Vendor/Contractor recognizes that it is an independent contractor and not an agent or 

servant of the Village. In the event a claim or lawsuit is brought against the Village, its 

officers, employees, servants or agents relating to or arising out of the RFP , this 

Agreement and the Vendor's/ 

under this Agreement, the Vendor/Contractor hereby agrees to indemnify, 

Contractor's or its agents or sub-contractors performance 

save and hold 

harmless the Village, its officers, employees, servants or agents 

and to defend said 

persons from any such claims, liabilities, causes of action and judgments of any type 

whatsoever. In addition to the above, VendorlContractor agrees to indemnify and hold 

harmless the Village, its officers, agents and employees from any and all liability, 

damages, losses, suits, actions, claims and or 

matters, including costs and reasonable 

attorney's fees to the extent caused by the negligence, gross negligence, or intentionally 

wrongful conduct of Vendor/Contractor and any other persons or entities employed or 

utilized by Vendor/Contractor in performance of this Agreement and RFP as it relates to 

the Village. 

ARTICLE 9. COMPLIANCE 

In performance of its obligations hereunder and in accordance with the RFP 

VendorlContractor agrees to comply with all applicable laws, rules, regulations, orders, 

codes, guidelines, directives, criteria and standards, whether state or federal or local. 

ARTICLE 10. USE OF SUB-CONTRACTORS 

The Village reserves the right to accept the use of a subcontractor or to reject the 

selection of a particular sub-contractor. If a subcontractor fails to perform as required in 

the RFP and response thereto or this Agreement and it is necessary to replace the subcontractor 

in order to provide the services as 

required, Vendor/Contractor shall promptly


do so, subject to acceptance of the new sub-contractor by the Village Manager 

or his or 

her designee. 

ARTICLE 11. TAX EXEMPTION 

The parties hereto understand that the Village is atax-exempt organization; nothing here, 

however, shall exempt Vendor/Contractor from paying all of its taxes as a result of the 

RFP or this Agreement. 

ARTICLE 12. TERMINATION 

This Agreement may be terminated by the Village, with or without cause, upon providing 

written notice to the Vendor/Contractor. This Agreement may be terminated by the 

Vendor/Contractor upon thirty (30) days prior written notice to the Village. Upon such 

termination by the Village, Contractor shall be paid for such services rendered to the 

Village's satisfaction up to the date of termination. If this Agreement is terminated by the 

Village, the Vendor/Contractor waives any claim for damages from such termination, 

including but not limited to, loss of anticipated profits. Unless the Vendor is in default or 

breach of this Agreement, or the RFP the Village shall pay the Vendor/Contractor for 

services rendered up to the date of termination in accordance with this Agreement the 

RFP. 

ARTICLE 13. UNCONTROLLABLE FORCES 

Neither the Village nor the Vendor/Contractor shall be considered to be in default of this 

shall be due to uncontrollable 

Agreement or the RFP if delay in or failure of performance 

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 that results 

in the prevention or delay or 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, floods, earthquakes, storms, lighting, epidemic, war, 

riots, civil disturbances, sabotage and governmental actions. 

ARTICLE 14. WAIVER 

A waiver by either the Village or Vendor/Contractor 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 right with respect 

to any other or further breach. The making or acceptance by either party with knowledge 

of the existence of a default or breach shall not operate or be construed to operate as a 

waiver or any subsequent default or breach. Further, a written waiver in part shall not 

constitute a waiver of any other part of this Agreement. 

ARTICLE 15. SERABILITY


The invalidity, illegality, or unenforceability of any provision of this or 

Agreement 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 hereto further 

agree to reform the Agreement to replace any stricken provision with a valid provision 

that comes as close as possible to the intent of the stricken provision. The provisions of 

this section shall not prevent the entire Agreement from being void should a provision, 

which is of the essence of the Agreement be determined void. 

ARTICLE 16. 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 or by 

overnight express service such as Federal Express with confirmatory delivery 

as follows: 

AS TO VILLAGE 

AS TO VENDOR/CONTRACTOR 

Attn: Village Manager 

Village of Wellington 

14000 Greenbriar Boulevard 

Wellington, Florida 33414 

Attn: President 

Hy-Byrd, Inc. 

511 South East Coast Street 

Lake Worth, Florida 33460 

Notice shall be effective when received at the address as specified above. Changes in 

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 transmission received (i.e., 

printed) after 5 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 or sent as 

provided 

above. 

Nothing contained in this Article shall be construed to restrict the transmission of routine 

communications between the parties hereto. 

ARTICLE 17. ENTIRE AGREEMENT 

This Agreement constitutes the entire understanding and agreement between the parties 

hereto with respect to the subject matter contained herein. 

ARTICLE 18. BINDING EFFECT 

This Agreement is binding hereto, their heirs, legal representatives, successors and 

assigns.


ARTICLE 19. ASSIGNABILITY 

This Agreement may not be assigned without the prior written consent of all parties to 

this Agreement. 

ARTICLE 20. MODIFICATIONS TO AGREEMENT 

This Agreement may not be modified unless such modifications are evidenced in writing, 

signed by both the Village and Vendor/Contractor. Such modifications shall be in the 

form of a written amendment executed by both parties hereto. 

ARTICLE 21. RENEWAL 

The RFP may be renewed in accordance with the terms and conditions as contained in the 

renewal section of the RPF. 

ARTICLE 22. GOVERNING LAW AND VENUE 

This Agreement and all transactions contemplated by this Agreement shall be governed 

by, and construed and enforced in accordance with the laws of the State of Florida 

without regard to any contrary conflicts of law principle. Venue of all proceedings in 

connection herewith shall lie exclusively in Palm Beach County, Florida and each party 

hereby waives whatever its respective rights may have been in the selection of venue. 

ARTICLE 23. 

The parties hereto agree that this Agreement shall not be construed against the party who 

drafted the same as all parties have had legal and business experts to review the adequacy 

of the same. 

ARTICLE 24. ATTORNEY'S FEES 

It is hereby understood and agreed that in the event any lawsuit in the judicial system, 

federal or state, is brought to enforce compliance with this Agreement or interpret the 

same, or if any other proceeding is brought for the same purpose, the non-prevailing party 

shall be required to pay the prevailing party's reasonable attorney's fees and costs, 

including appellate fees and costs. 

ARTICLE 25. EQUAL OPPORTUNITY 

The Village and the Vendor/Contractor agree that no person shall, on the grounds of race, 

color, gender, national origin, ancestry, material status, disability, religion, creed or age 

be discriminated against in the performance of this Agreement.


ARTICLE 26. HEADINGS 

The heading contained in this Agreement are for convenience of reference only, and shall 

not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 

ARTICLE 27. EFFECTIVE DATE 

The effective date of this Agreement shall be as of the date it has been executed by both 

the parties hereto. 

REMAINING PAGE LEFT BLANK INTENTIONALLY


IN WITNESS WHEREOF, the parties have executed this Agreement on the dates 

hereinafter written. 

Executed by the Village of Wellington this 

F7~'' day of e ~,~/~ y 2008 

VILLAGE OF WELLINGTON, a municipal corporation 

SEAL) ~-, 

By: 

Dare en, Mayor -~ 

ATTEST: 

n (~` ~ ~~ 

7 

p,~~ Vr((i+ je 

p ~ ~.- 

y~,~` 

Ir ~croYri° 

Te ~oZM ~ ~' {~} 

G/~ 

B ~ LGV.LiLCE ~GGIi~ / OJ~-~ 

y: ~- t APP ^'- l 

AwildaRodriguez, Village Jerk S~FF~~"`~ 

Executed by the Vendor/Contractor this 2'~ 

VENDOR/CONTRACTOR 

fYi day of Ct U (. c6 2008 

Hy-Byrd, Inc., 

BY (~_~ 

As President 

Attest - 

Se 

a 

8/26/ 08


STANDARD PROCUMENT AGREEMENT 

THIS AGREEMENT is made and entered into this 

u,yer ( 7 , 2008 by and 

between the Village of Wellington, a municipal corpor tion, (hereinafter referred to as 

Village"), and Bureau Veritas North America, Inc. corporation, (hereinafter referred to 

as either "Vendor" or "Contractor"). 

RECITALS: 


Inspection Services in accordance with the Village's Request for Proposal, RFP Number 

025-08/ RJB and the Vendor/Contractor' s response thereto all of which are 

incorporated 


NOW, THEREFORE, in consideration of the mutual promises and covenants herein 

and other good and valuable consideration and the sum of Ten ($ 10.00) Dollars of which 


as follows: 

ARTICLE I. INCORPORATION OF RFP OR BID 

The terms and conditions and specifications of this Agreement shall include and 


Proposal RFP Number 025-08/ RJB hereinafter ( called " RFP") and the 

Contractor's Vendor's/ Response to the RFP including all documentation required 

hereunder. 




Village's RFP and Vendor/Contactor' s response thereto, all of which are 

incorporated 







two years from the Effective Date of October 1, 2008 through September 3Q 2010, with 

three (3) 

one year renewals. If Vendor/Contractor fails to timely perform in accordance 



in law and or equity. 






Village from seeking a budget 

require additional sums of money or a modification to the Contract. However, all 

purchases shall be done in accordance with the Village's Purchasing 

Manuals and all policies and procedures. Further this Agreement is subject 


amendment and modification to this Contract should it 

and Procurement 

to fiscal 


A. Invoices 





B. Payment 










by the Village's Risk Management Deparhnent and with such limits of insurance and 


RFP. Prior to commencing any work or providing such services required 

in the RFP the 







required in the RFP herein and no work shall commence until the Village 


has received 



ARTICLE 7. CONTRACT PRODUCTS, WORK. GOODS & SERVICES 



done or 

performed by any sub-contactor or agent ofVendor/ Contractor. Further, 



fitness of the services for the Village's intended purposes as provided 



for in the RFP. The 





ARTICLE 8. INDEMNIFICATION 



officers, employees, servants or agents relating to or arising out ofthe RFP , this 


Contractor's its agents or sub-contractors performance 


harmless the Village, its officers, employees, servants or agents and to defend said 

save and hold 


whatsoever. In addition to the above, Vendor/Contractor agrees to indemnify and hold 


damages, losses, suits, actions, claims and or 

matters, including costs and reasonable 


wrongful conduct ofVendor/Contractor and any other persons 

or entities employed or 

utilized by Vendor/Contractor in performance ofthis Agreement and RFP as it relates to 

the Village. 



Vendor/Contractor agrees to comply with all applicable laws, rules, regulations, orders, 



The Village reserves the right to accept the use of a subcontractor or to 

reject the 


the 12FP and response thereto or this Agreement and it is necessary to replace the subcontractor 

in order to provide the services as required, Vendor/Contractor shall promptly


do so, subject to acceptance of the new sub-contractor by the Village Manager or his or 

her designee. 







written notice to the Vendor/Contractor. This Agreement may be terminated by the 








RFP. 


Neither the Village nor the Vendor/Contractor shall be considered to be in default of this 

Agreement or the RFP if delay in or failure of performance shall be due to uncontrollable 



under this 

in the prevention or delay or performance by a party of its obligations 














The invalidity, illegality, or unenforceability ofany provision of this Agreement or the 







that comes as close as possible to the intent of the stricken provision. The provisions of 







as follows: 


TO VENDORlCONTRACTOR 



Inc. 


AS 



Bureau Veritas North America, 

101 Jupiter Park Drive 

Jupiter, Florida 33477 


respective addresses to which such notice is to be directed may be made from time to 




business day. The original of the notice must additionally be mailed or sent as provided 

above. 

Nothing 

contained in this Article shall be construed to restrict the transmission of routine 





ARTICLE 18. 

This Agreement is binding hereto, their heirs, legal representatives, 

assigns. 

successors and






This Agreement may not be modified unless such modifications aze evidenced in writing, 




The RFP may be renewed in accordance with the terms and conditions as contained in the 







hereby waives whatever its respective rights may 

have been in the selection of venue. 

ARTICLE 23. CONSTRUCTION 

The parties hereto agree that this Agreement shall not be constmed against the party who 


of the same. 






including appellate 

fees and costs. 







The heading contained in this Agreement aze for convenience of reference only, and shall 









Executed by the Village of Wellington this ~ 

dayof, 2008 


SEAL] 

By: 

Dar 

en, Mayor 

ATTEST: 

By: 

r 

i~~ t 

Awilda Rodriguez, Village C rbk -' 

Executed by Z~~ 

the Vendor/Contractor this 

aP~~o ~ 4.a --~ ca M ~ 

e.. c...,- 

iF~ 

~ 

dayoF, 2008 


Bureau Verit orth c. 

By: ~ 

J Vito ~ s resident 

Attests: 

As Secretary 

aiz~/ os


STANDARD PROCUMENT AGREEMENT 

THIS AGREEMENT is made and entered into this ~ t! M ~ 7 , 2008 by and 

referred to as 

between the Village of Wellington, a municipal corpora ion, (hereinafter 

Village"), and M.T. Causley, Inc. a corporation, (hereinafter referred to as either 

Vendor" or " Contractor"). 

RECITALS: 


Inspection Services in accordance with the Village's Request for Proposal, RFP Number 

025-08/ RJB and the Vendor/Contractor' s response thereto all of which aze incorporated 


NOW, THEREFORE, inconsideration of the mutual promises and covenants herein 

and other good and valuable consideration and the sum of Ten ($ 10.00) Dollars of which 


as follows: 

ARTICLE 1. INCORPORATION OF RFP OR BID 



Proposal RFP Number 025-08/ RJB hereinafter ( called " RFP") and the 

Vendor's/ 


hereunder. 





incorporated 







two years from the Effective Date of October 1, 2008 through September 30, 2010, with 

three (3) 

in accordance 


one year renewals. If Vendor/Contractor fails to timely perform 

be cause for default and the Village shall be entitled to seek all damages as aze provided 

in law and or 

equity. 






Village from seeking a budget 


or a modification [o the Contract. However, all 


Manuals and all policies and procedures. Further this Agreement is subject 

funding 

amendment and modification to this Contract should it 

out in accordance with the laws of the state of Florida. 


to fiscal 


A. Invoices 





B. Payment 










and with such limits of insurance and 

by the Village's Risk Management Department 

deductibles as the Department deems necessary as it relates to this Agreement 

RFP. Prior to 

commencing any work or providing such services required 

Vendor/Contractor shall provide to the Village proof of such insurance coverage 


and the 

in the RFP the 

that the 









ARTICLE 7. CONTRACT PRODUCTS, WORK. GOODS & SERVICES 



done or performed by any sub-contactor or agent ofVendor/ Contractor. Further, 



fitness of the services for the Village's intended purposes as provided 

Vendor/Contractor agrees to warrant the services from the date of acceptance 

for in the RFP. The 

of the 









officers, employees, servants or agents relating to or arising out of the RFP ,this 


Contractor's its agents or sub-contractors performance 


save and hold 





damages, losses, suits, actions, claims and or matters, including costs and reasonable 


wrongful conduct ofVendor/Contractor and any other persons or entities employed or 

utilized by Vendor/Contractor in performance of this Agreement and RFP as it relates to 

the Village. 





ARTICLE 10. USE OFSUB-CONTRACTORS 


selection of a 

particulaz sub-contractor. If a subcontractor fails to perform as required in 

the RFP and response thereto or this Agreement and it is necessary to replace the subcontractor 

in order to provide the services as required, Vendor/Contractor shall promptly



her designee. 



however, shall exempt Vendor/Contractor from paying 

all of its taxes as a result of the 



This Agreement maybe terminated by the Village, with or without cause, upon providing 

written notice to the Vendor/Contractor. This Agreement maybe terminated by the 




Village, the Vendor/Contractor waives any claim for damages from such tenmination, 


breach ofthis Agreement, or the RFP the Village shall pay the Vendor/Contractor for 


RFP. 


Neither the Village 

nor the Vendor/Contractor shall be considered to be in default of this 











of a written waiver, such a waiver shalt not affect the waiving party's right with respect 


of the existence of a default or breach shalt not operate or be construed to operate as a 





The invalidity, illegality, or unenforceability of any provision of this Agreement or the 







that comes as close as 

possible to the intent of the stricken provision. The provisions of 







as follows: 


TO VENDOR/CONTRACTOR 




AS 



M.T. Causley 

97 N.E. 15`h Street 

Homestead, Florida 33030 


respective addresses to which such notice is to be directed maybe made from time to 





above. 

Nothing 

contained in this Article shall be construed to restrict the transmission of routine 





ARTICLE 18. BINDING EFFECT 


assigns.






This Agreement may not be modified unless such modifications aze evidenced in writing, 




The RFP maybe renewed in accordance with the terms and conditions as contained in the 





without regazd to any contrary conflicts of law principle. Venue of all proceedings in 




ARTICLE 23. 


drafred the same as all parties have had legal and business experts to review the adequacy 

of the same. 






including appellate 

fees and costs. 
















Executed by the Village of Wellington 

this ]~`' day 


of~C~ P,71008 

SEAL] ~~~ ~ ~ ~ *`~~ • 

V~~~ h,~(~ ~' 

By. ~, 

arell owen, ayor ~] Jjp(pNe. o~ k°M ~ 1 }° 

SC1'~ lei" l 

V.~~~ 

ATTEST: 

Awilda Rodriguez, Village 

erk 

Executed by the Vendor/Contractor this day 

of , 2008 


M.T. Causley, Inc. 

By: ~ 

As P esident 

Attests: ~ 

As Se retary 

sn~nx


STANDARD PROCUMENT AGREEMENT ; 

i ~~ 

U 

SEP 0 2 2008 ,( 

I i 

THIS AGREEMENT is made and entered into this tCSf o2 ~ , 2008 by and 

referred to as 

between the Village of Wellington, a municipal corpor on, (hereinafter 

Village"), andO'Donnell, Naccarato, Mignogna & Jackson, Inc., a corporation, 

hereinafter referred to as either "Vendor" or " Contractor"). 

RECITALS: 


Inspection Services in accordance with the Village's Request for Proposal, 

025-08/ RJB and the Vendor/Contractor' s response thereto all of which are incorporated 

herein by reference. The Vendor has been selected as a secondazy awardee to certain 

RFP Number 

primary awazdees 

NOW, THEREFORE, in consideration of the mutual promises and covenants herein 

Dollars of which 

and other good and valuable consideration and the sum of Ten ($ 10.00) 

Vendor/Contractor acknowledges receipt of the parties agree as follows: 

ARTICLE 1. INCORPORATION OF RFP OR BID 



Proposal RFP Number 025-OS/ RJB hereinafter ( called " RFP") and the 

Vendor's/ 


hereunder. 





incorporated 

herein by reference. Vendor/Contractor agrees to abide by the terms and conditions of the 





two yeazs from the Effective Date of October 1, 2008 through September 30, 2010, with 

three (3) one year renewals. If Vendor/Contractor fails to timely perform in accordance 



in law and or equity.


ARTICLE 3. 




Village from seeking a budget amendment and modification to this Contract should it 


or a modification to the Contract. However, all 


Manuals and all policies and procedures. Further this Agreement is subject to fiscal 




A. Invoices 


thirty days from the date of such services and shall send all invoicing by U.S. Mail and as 


B. Payment 


mention ofpayment than in accordance with the Florida Prompt Payment Act, (F.S. 

218.70 et. seq.). Unpaid invoices shall beaz interest as provided for in the Act. 


Vendor/Contractor shall maintain all insurance requirements as more particulazly 





by the Village's Risk Management Department and with such limits of insurance and 


RFP. Prior to commencing any work or providing such services required in the RFP the 











ARTICLE 7. CONTRACT PRODUCTS, WORK, GOODS & SERVICES 


be performed pursuant to the terms and conditions of the 12FP, including any services 

done or 

performed by any sub-contactor or 

agent of Vendor/ Contractor. Further, 



fitness of the services for the Village's intended purposes 

as provided for in the RFP. The 






Vendor/Contractor who shall be the contact person for this 1tFP. 




officers, employees, servants or agents relating to or arising out of the RFP , this 

Agreement and the Contractor's Vendor's/ 

its agents or sub-contractors performance 

under this Agreement, the Vendor/Contractor hereby agrees to indemnify, save and hold 





damages, losses, suits, actions, claims and or matters, including costs and reasonable 


wrongful conduct of Vendor/Contractor and any other persons or entities employed or 

utilized by Vendor/Contractor in performance of this Agreement 

the Village. 

and RFP as it relates to 








the RFP and response thereto or this Agreement and it is necessary to replace the sub-


contractor in order to provide the services as required, Vendor/Contractor shall promptly 


her designee. 







written notice to the Vendor/Contractor. This Agreement maybe terminated by the 








RFP. 


Neither the Village northe Vendor/Contractor shall be considered to be in default of this 
















ARTICLE I5. SERABILITY


The invalidity, illegality, or unenforceability ofany provision of this or 

Agreement the 



Agreement. Any void provision shall be deemed severed from the Agreement 


and the 



that comes as close as 

possible to the intent of the stricken provision. The provisions of 

this section shall not prevent the entire Agreement from being void should a 

provision, 





overnight express service such as Federal Express with confirmatory delivery as follows: 


AS TO VENDOR/CONTRACTOR 



Village of Wellington O'Donnell, Naccarator, Mignogna & Jackson 

14000 Greenbriar Boulevard 321 15`h Street, Suite 200 

Wellington, Florida 33414 West Palm Beach, Florida 33410 


respective addresses to which such notice is to be directed maybe 


made from time to 

acceptable notice effective when received; however, facsimile transmission received ( i.e., 



above. 






ARTICLE 1 S. BINDING EFFECT 


assigns.






This Agreement may not be modified unless such modifications are evidenced in writing, 




The RFP maybe renewed in accordance with the terms and conditions as contained in the 

aenewal section of the RPF. 








ARTICLE 23. CONSTRUCTION 



of the same. 






including appellate fees and costs. 














IN WITNESS WHEREOF, the parties have executed this Agreement 

on the dates 


Executed by the Village of Wellington this l ~~- day of~yf ~j~r , 2008 


SEAL] 

By: ~' ~~, 

Darel~'~ owen, Mayor 

ATTEST: ~ ,~~ /..{ 

By: i~ ~~-~ 

AwildaRodriguez, Village erk R ~~ ~ ~~ 

Executed by the Vendor/Contractor this ~ day 


0 

r _ 

of ~~~~( 

J 2008 

By: 

As 

Mignogna & Jackson, Inc.. 

Attests:_ 

As 

Bob 8/26/ 08


6. B 



AGENDA ITEM NAME: AUTHORIZATION TO AWARD A CONTRACT TO EAGLE 

ENTERPRISES, INC. FOR THE RELOCATION OF STORAGE BUILDINGS AT THE WATER 

TREATMENT FACILITY 





No 

FIRST READING 


REQUEST: Authorization to award a contract to Eagle Enterprises, Inc. for the relocation of two (2) 

storage buildings at the water treatment facility in the amount of $32,900.00. 

EXPLANATION: On June 13, 2011, Wellington released a solicitation for the relocation of two 

storage buildings at the Water Treatment Facility. The relocation of these buildings is part of the 

master plan for the water treatment site facility and is required in order to relocate the field services 

division to the south side of the property allowing for the construction of the new Boy’s and Girl’s 

Club. An advertisement was placed in the Palm Beach Post on June 12, 2011 and 445 vendors 

were notified on DemandStar. Twelve plan holders downloaded bid documents; two attended the 

mandatory pre-bid meeting on June 22, 2011. 

On July 6, 2011 one (1) proposal meeting the specifications of the bid was received. Staff is 

recommending award of contract to Eagle Enterprises, Inc. as the only responsive, responsible 

bidder. 

Contractor Bid Amount Local Preference 

Eagle Enterprises Inc $32,900.00 Not Local 


FISCAL IMPACT: Funds are available to cover the total cost of the project in the Field Services 

Facility CIP. 


RECOMMENDATION: Authorization to award a contract to Eagle Enterprises, Inc. for the relocation 

of two (2) storage buildings at the water treatment facility in the amount of $32,900.00.



Relocation of Storage Buildings at Water Treatment Facility 

BID OPENING DATE: July 6, 2011 

BID OPENING TIME: 11:00AM(local time) 

ITB#061-11/DZ 

"Offers from the vendors listed herein are the only offers 

received timely as of the above receiving date and time. 

All other offers submitted in response to this solicitation, 

if any, are hereby rejected as late" 

VENDORS 

Original and one (1) CD 

Bid Form signed by authorized 

representative 

Acknowledgment of addendum 1 

Bid Bond/Security or Cashier’s Check 

Schedule of Value 

Schedule of Subcontractor 

Schedule of Equipment and Materials 

Sworn Statement under 

Section 287.133(3) (a) 

Drug Free Workplace 

Trench Safety Affidavit 

Questionnaire 

References 

Insurance Certificates 

Copy of Appropriate Licenses 

Proof of Workers Compensation 

Insurance/Workers Compensation 

Exemption Affidavit 

Local Vendor/Contractor Affidavit 

Eagle Entrprises, Inc 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

N/A 

TOTAL CONTRACT PRICE $32,900.00



6. C 



AGENDA ITEM NAME: AUTHORIZATION TO RENEW THE CONTRACT FOR AQUATIC 

VEGETATION CONTROL SERVICES 





No 

FIRST READING 


REQUEST: Authorization to renew the contract for aquatic vegetation control with Clarke Aquatic 

Services, Inc. in the amount of $330,000. 

EXPLANATION: The Public Works Department contracts with Clarke Aquatic Services, Inc. to 

provide aquatic weed control in our canals and lakes. The contract for services with Clarke 

originally awarded on September 15, 2009, renewed on October 1, 2010 and expires on September 

30, 2011. It provides for two (2) additional one (1) year renewals. Staff recommends we exercise 

the second renewal option. 

Staff recommends continuing services with Clarke as they have made significant progress over the 

past two years to regain control over aquatic weeds in our canals and lakes. Recall that the canal 

conditions had deteriorated significantly as a result of a poorly performing low bid contractor. 


FISCAL IMPACT: $330,000 is proposed in the 2012 Surface Water Management Budget. 


RECOMMENDATION: Authorization to renew the contract for aquatic vegetation control with Clarke 

Aquatic Services, Inc. in the amount of $330,000.



AGREEMENT FOR 

AQUACTIC VEGITATION CONTROL 

l r J 

ll 

of MbY KdE 2009 by 

THIS AGREEMENT is made this c3 day 

and between 

the Village of Wellington a municipal corporation hereinafter referred to as WELLINGTON whose 

address is 14000 Greenbriar Boulevard Wellington Florida 33414 and Aquatic Weed Technology Inc 

hereinafter referred to as VENDOR whose address is 159 N Garden Avenue Roselle II 60172 

WHEREAS VENDOR bid on that certain specifications and bid documents for Aquatic 

Vegetation Control Bid Number025 09 JWV hereinafter referred to as Project or Bid or RFP issued 

by WELLINGTON and 

WHEREAS VENDOR has been deemed to be the responsive bidder and WELLINGTON desires 

to award the agreement to VENDOR on the terms and conditions more particularly described below and 

as contained in the specifications and bid documents for Bid Number 025 09 JWV and VENDOR S 

response thereto all of which are hereinafter incorporated by reference and are referred to as 

Specifications and Bid Documents and 

1t 

j 

WHEREAS VENDOR is desirous of entering into the agreement with WELLINGTON pursuant to 

the terms and conditions more particularly described herein and pursuant to the Specifications and Bid 

Documents and 

NOW THEREFORE in consideration of the mutual promises contained herein and other good 

and valuable consideration of which the parties hereto acknowledge the parties agree as follows 

The above recitals are true and correct and are incorporated herein by reference 

2 VENDOR shall 

perform the services and duties as provided for in the Specifications and Bid 

Documents and comply with all 

Documents 

of the terms provided for in the Specifications and Bid 

3 The Agreement term shall be in accordance with the Specifications and Bid Documents The 

Agreement amount shall be in accordance with the Specifications and Bid Documents and all 

services and products to be purchased and work to be performed shall be done via a purchase 

order in such form as determined by WELLINGTON 

Nothing herein however shall prevent 

WELLINGTON from seeking a budget amendment should it require additional sums of money 

for this Project and a change in the scope of services All purchases pursuant to this 

Agreement shall be done in accordance with WELLINGTON SPurchasing and Procurement 

Manual and procedures thereto All purchases shall be evidenced by such approved purchase 

orders 

4 VENDOR shall receive the total amount of 27 500 

per month adjusted according to the 

provisions of 21 INVOICING AND PAYMENT of the TECHNICAL SPECIFICATIONS and 

shall be paid monthly VENDOR shall be liable for and shall pay and defend hold harmless 

and indemnify WELLINGTON against all 

contributions interest accrued penalties imposed 

and all taxes excises assessments and other charges levied by any government agency 

authority or union on or because of the services furnished by VENDOR for or used in the 

performance of the work herein The service area and scope of work is attached as Exhibit A 

and by this reference incorporated herein 

Payments to VENDOR may be withheld by WELLINGTON in its reasonable discretion on 

account ofidefective work not remedied ii claims filed against VENDOR iii failure of 

VENDOR to make payments promptly to subcontractors for labor materials or equipment iv 

damage to WELLINGTON S property v failure to carry out the Work in accordance with this


Agreement the Bid Documents and Vendor s response thereto or vi failure of VENDOR to 

bond off or satisfy the liens of any of its subcontractors labors or materialmen 

5 VENDOR shall provide to WELLINGTON all services work and products that are necessary 

fulfill its obligations pursuant to 

to the Project and the Specifications and Bid Documents All 

prices for the items and work herein shall be in accordance with VENDOR S response to the 

Project and in accordance with the Specifications Bid Documents and this Agreement All 

purchases shall be evidenced by a purchase order from WELLINGTON 

6 VENDOR shall maintain all insurance as is required by the Specifications and Bid Documents 

Prior to commencing any work performing services or 

supplying products VENDOR shall 

provide to WELLINGTON such insurance coverage that WELLINGTON has requested in the 

Specifications and Bid Documents In addition VENDOR agrees to provide to WELLINGTON 

such other insurance 

coverage requested by WELLINGTON S Department of Risk 

Management and with such coverage amounts and deductibles as is requested by 

Department In addition prior such 

to commencing any work or 

supplying any products pursuant to 

the Project or the Specifications and Bid Documents VENDOR agrees to provide to 

WELLINGTON a Payment Bond written onsuch forms that are provided by WELLINGTON and 

in such amounts so as to cover and assure the faithful performance of VENDOR pursuant to 

the terms herein and in the Specifications and Bid Documents The amount of such bond and 

the form of such bond shall be determined by WELLINGTON and shall be in conformance with 

Section 255 05 Florida Statutes if applicable 

7 All renewals of this Agreement shall be pursuant to the Specifications and Bid Documents 

This Agreement and any renewals thereto are subject to annual appropriations by the Village of 

Wellington and this Agreement is subject to fiscal funding out by WELLINGTON 

VENDOR agrees warrants covenants and represents that all products work and services 

that it shall perform pursuant to this Agreement the Project and the Specifications and Bid 

Documents as it relates to WELLINGTON including any work done by its subcontractors or at 

its direction shall be free from all defects and done in a workmanlike manner VENDOR 

warrants the merchantability and fitness of the products and services as 

contemplated 

Agreement the Project and the Specifications and Bid Documents 

in this 

VENDOR agrees to supply to WELLINGTON adequate personnel to provide timely completion 

of all projects and support contemplated by this Agreement and pursuant to the Project and the 

Specifications and Bid Documents The parties hereto agree that time is of the essence and 

VENDOR agrees to pursue the services that are provided for in the Specifications and Bid 

Documents and as are determined by WELLINGTON for failure to comply with such timelines 

may result in deduction of payment as provided for therein 

10 VENDOR agrees regardless of the coverage provided by any insurance to indemnify save 

harmless and defend the Village its agents servants or 

employees from and against any and 

all claims liability losses and or causes of action which may arise from any negligent act or 

omission of the successful bidder its subcontractors agents servants or 

employees during the 

course of performing services or caused by the goods provided pursuant to these bid 

documents and or resultant contract 

11 In performance of its obligations hereunder VENDOR agrees to comply with all applicable 

laws rules regulations orders codes criteria and standards whether state or federal


12 WELLINGTON reserves the right to accept the use of a subcontractor or to reject the selection 

of a particular subcontractor Ifa subcontractor fails to perform as required by this Agreement 

and it is necessary to replace the subcontractor in order to provide services as 

required 

VENDOR shall promptly do so subject to acceptance of the new subcontractor by 

WELLINGTON 

13 The parties to this Agreement understand that WELLINGTON is atax exempt organization 

nothing herein however shall exempt VENDOR from paying all of its taxes pursuant to this 

Agreement 

14 In addition to any other termination provision found in the Specifications and Bid Documents 

this Agreement may be terminated by VENDOR upon thirty 30 days prior written notice to 

WELLINGTON in the event of substantial failure by WELLINGTON to perform in accordance 

with the terms of this Agreement through no fault of VENDOR In addition to any other 

termination provisions found in the Specifications and Bid Documents this Agreement may be 

terminated by WELLINGTON with or without cause upon thirty 30 days written notice to 

VENDOR Unless VENDOR is in breach of this Agreement VENDOR shall be paid for services 

and products rendered to WELLINGTON S satisfaction up to the date of termination After 

receipt of a termination notice and except as otherwise directed by WELLINGTON VENDOR 

shall stop work on the date specified VENDOR shall not be entitled to any claim of loss of 

profits from atermination by WELLINGTON 

15 Neither WELLINGTON nor VENDOR 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 that results in the prevention or 

delay 

performance by of 

a party of its obligations under this Agreement and which is beyond 

reasonable control of the the 

nonperforming party It includes but is not limited to fire flood 

earthquake storms lightning epidemic war riots civil disturbance sabotage and 

governmental actions 

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 

16 This Agreement shall be construed in accordance with the laws of the State of Florida Should 

any dispute arise from this Agreement venue shall lie in Palm Beach County Florida 

17 This Agreement shall not be construed against the party who drafted the same as all parties to 

this Agreement have had legal and business experts review the adequacy of the same 

18 This Agreement is binding upon the parties hereto their heirs successors and assigns 

19 VENDOR warrants and represents that all of its employees are treated equally during 

employment without regard to race color religion gender age or national origin 

20 A waiver by either WELLINGTON or VENDOR 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 adefault or breach shall not operate or be construed to operate as awaiver of any


subsequent default or breach Further a written waiver in part shall not constitute a waiver of 

any other part of this Agreement 

21 The invalidity illegality unenforceability of any provision of this Agreement or the occurrence 

of any event rending any portion or provision of this Agreement void shall in no way affect the 

validity or enforceability of any other portion or provision of the Agreement Any void provision 

shall be deemed severed from the Agreement and the balance of the Agreement shall be 

construed and enforced as if the Agreement did not contain the particular portion or provision 

held to be void The parties further agree to reform the Agreement to replace any stricken 

provision with a valid provision that comes as close as possible to the intent of the stricken 

provision 

The provisions of this section shall not prevent the entire Agreement from being void should a 

provision which is of the essence of the Agreement be determined to be void 

22 WELLINGTON and VENDOR 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 WELLINGTON and 

VENDOR pertaining to this Agreement whether written or oral None of the provisions terms 

and conditions contained in the Agreement may be added to modified superseded or 

otherwise altered except by written instrument executed by the parties hereto 

23 This Agreement may not be modified unless such modifications are evidenced in writing signed 

by both WELLINGTON and VENDOR Such modifications shall be in the form of a written 

amendment executed by both parties 

24 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 WELLINGTON As to VENDOR 

Village Manager 


CGC 

14000 Greenbriar Blvd 1f i yir Gj 

Wellington FL 33414 

ll 1 

z 

a 

Notices shall be effective when sent to the addresses as 

specified above and as provided here 

in 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 sent with a 

printed confirmation of receipt of the same 

however facsimile transmission received ie printed after 500 pm or on weekends or 

holidays will be deemed received on the next business day The original of the notice must 

additionally be mailed certified mail return receipt requested All mail shall be deemed received 

upon five 5 business days The parties may also use 

overnight delivery services such as 

Federal Express however all such services must have confirmation of delivery Notice shall be 

deemed effective under this type of service when received 

Nothing contained in this section shall be construed to restrict the transmission of routine 

communications between representatives of VENDOR and WELLINGTON


IN WITNESS WHEREOF WELLINGTON and VENDOR have executed this Agreement all as of 

the day and year first above written 

ATTESTS 

VILLAGE OF W 

LINGTON FLORIDA 

Awilda Rodriguez Village C 

k 

By 

D 

rell Bowen Mayor 

APPROVED AS TO FORM AND 

LEGAL SUI ICIENCY 

r 

SEAL 

By 

1 

rf 

Fr 

Vil ageattorney 

ql 1 

VENDOR 

WITNESS e e 

nology 

B 

s 

vP 

Print Name 

CORPORATE SEAL

AQUATIC VEGETATION CONTROL 

Wellington 

IN 

Council THEMeeting CANALS August 23, AND 2011 LAKES OF THE VILLAGE OF WELLINGTON Page 63 of 336 

Proposal Number025 09 JWV 

EXHIBITA 

TECHNICAL SPECIFICATIONS FOR 

AQUATIC VEGETATION CONTROL 

The Village of Wellington is approximately 31 square miles in area It is 

Services to control noxious aquatic plants shall be provided in both basins 

divided into two separate drainage basins 

Basin A includes C23 and canals and lakes north to Southern Boulevard The regulated water level is 12 msl 

November through June of each year During hurricane season or during periods of extended rainfall levels are 

lowered to 11 msl 

Basin B includes canals and lakes based south of Pierson Road which is 

BasinA in each season 

regulated one 1 foot higher than 

Recently annexed into the Village is an area identified as Rustic Ranches Services to control noxious aquatic plants shall 

be provided in Rustic Ranches 

Rustic Ranches is bounded on its east perimeter by Canal C1 on its south perimeter by Canals CKN and CK 

on its west perimeter by Canals CJ1CG4 and CG3 and on its north perimeter by Canals CF4 and C 

F5 The regulated water level is 12 mslNovember through June of each year During hurricane season or 

during periods of extended rainfall levels are lowered to 11 msl 

We can access or discharge water by gravity or pumps as the situation requires Our pumping capacity exceeds 000 475 

gpm During dry months we can access water fromL40and orC51 canal 

By accessing water from the L40 or C51 it should be considered that these waters can infest Village canals with 

unwanted vegetation and cause the contractor additional expense In addition many private canals discharge into our 

canals or are connected to our canals which may also infest our canals with unwanted vegetation 

Treatment Program 

Prior to the start of the treatment program contractor shall submit a detailed analysis of their their work plan and the reasons 

approach would provide optimum plant control in the most cost effective manner The treatment program for the 

control of noxious aquatic plants in the lakes and canals of the Village Basin A Basin B and Rustic Ranches shall be 

conducted 

according to the following guidelines 

1 The chemically controlled areas shall consist of the water surface water column and top of bank on all 

designated 

waterways This includes overhanging of brush and trees Designated waterways total approximately 91 14 miles 

plus all the lakes under the Village sresponsibility The acreage of all lakes totals approximately 362 45acres 

2 Biological application shall be introduced yearly Each year one thousand1000 triploid grass carp shall be 

introduced into Basin A and five hundred 500 triploid grass carp into Basin B These same quantities of fish shall be 

stocked each year during the contract period until sufficient stocking has been achieved to control hydrilla The size of 

fish shall range from 12 inches to 15 inches Contractor shall be required to introduce these fish into the canals and 

lakes of the Village Contractor and the Village s Public Works Department must 

agree on areas of release The 

Village reserves the right to modify the biological application at any time 

3 Service Levels 

Basin A Contractor shall perform forty 40 hours of treatment in Basin A per week One 1 applicator shall 

be assigned for dedicated service to Basin A treatment only 

Basin B Contractor shall perform forty 40 hours of treatment in Basin B per week One 1 applicator shall 

be assigned for dedicated service to Basin B treatment only 

Rustic Ranches 

A portion of those hours dedicated to either Basin A or Basin B shall be used to provide 

services to Rustic Ranches each week Contractor shall use two his own discretion when determining which of the 

applicators shall be assigned to service Rustic Ranches


Proposa1025 09 JWVAquatic Vegetation Control 


Application in all areas shall achieve free water flow and aesthetically pleasing conditions year round No masses of 

aquatic vegetation shall be allowed to grow If required to achieve free water flow and aesthetically pleasing conditions 

contractor shall be required to mechanically or manually remove and dispose of aquatic vegetation Contractor shall be 

fully responsible for assuming all costs incurred for the mechanical manualremoval and disposal 

Complaint Areas Complaint Areas are defined as areas of water surface requiring immediate treatment beyond that 

normally given during the regularly scheduled treatment program Complaint Areas may require treatment by chemical 

manual or mechanical means in order to achieve aquatic plant control objectives Those objectives are free water flow 

aesthetically pleasing conditions and absence of masses of aquatic vegetation growth Complaint Areas shall be treated 

by the contractor upon request from the Village s Public Works Department as required to achieve treatment objectives 

Applicators regularly assigned to perform weekly forty 40 hour treatments shall not be reassigned to treat Complaint 

Areas The regularly scheduled forty 40 hour treatments shall continue simultaneously with Complaint Area 

treatments Personnel in addition to regularly assigned applicators must be assigned to treat Complaint Areas The costs 

for the treatment of Complaint Areas shall not be considered an additional cost above and beyond the established 

contract amount Complaint Area treatment costs shall be included as part of the regular annual contract amount The 

Village will make no additional payments above the contract amount for Complaint Area treatment 

4 Contractor shall 

provide one 1 applicator dedicated to service of Basin A and one applicator dedicated to service 

of Basin B Either the Basin A applicator or the Basin B applicator shall be responsible also for servicing 

Ranches Contractor shall Rustic 

use his own discretion when determining which of the two applicators shall be assigned to 

service Rustic Ranches Each applicator shall be provided with the tools equipment materials and supplies to 

ensure free water flow and aesthetically pleasing conditions year round 

5 Contractor shall submit a complete equipment list for providing services Aback up list of equipment which is to be 

used during times of repair shall also be submitted 

6 Within 90 days from the start date of the contract contractor shall guarantee an 80 rate of noxious aquatic plant 

control If additional personnel equipment materials and supplies are required to ensure an 80 

shall be the contractors responsibility to provide such at NO additional cost to the Village 

rate of control it 

7 Plants to be controlled include but are not limited to Hydrilla Hygrophila Southern Niad Slender Spikerush Water 

Lettuce Water Hyacinth Algae Torpedo Grass Paragrass Maidencane Duckweed Salvinia Azolla Alligator Weed 

Coontail Bladderwort Spatterdock Cattail Chara Brazilian Pepper Malaleuca Wax Myrtle Australian Pine and 

other various varieties of ditch bank weeds 

Treatment of Hydrilla or other aquatic weeds Hydrilla or other aquatic weeds shall be treated and controlled by only 

one specific method under certain circumstances Approximately thirty 30 acres of canal or lake at various 

locations tend to become intensely infested with Hydrilla or other aquatic weeds If intense infestation of Hydrilla or 

other aquatic weeds should occur at these locations treatment and control shall be accomplished by the application 

of the chemical Sonar until an 80 rate of control is achieved Sonar shall be applied again each time an intense 

infestation of Hydrilla or other aquatic weeds occurs 

8 In compliance with State of Florida regulations chemicals and substances used in the performance of this contract 

must be permitted by the Department of Environmental Protection and Sheets be accompanied by Material Safety Data 

MSDS 

The MSDS must include the following information 

a The chemical name and the common name of the toxic substance 

b The hazards or other risks in the use of the toxic substance including 

1 The potential for fire explosion corrosivity and reactivity 

2 The known acute and chronic health effects of risks from exposure including the medical conditions which are 

generally recognized as being aggravated by exposure to the toxic substance and 

3 The primary routes of entry and symptoms of overexposure


Provosal025 09 Aquatic Vegetation Control 


c The proper precautions handling practices necessary personal protective equipment and other safety precautions 

in the use of or exposure to the toxic substances including appropriate emergency treatment in case of 

overexposure 

d The emergency procedure for spills fire disposal and first aid 

e Description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert 

any person reading this information 

f The year and month if available that the information was compiled and the name address and emergency 

telephone number of the manufacturer responsible for preparing the information 

A licensed applicator shall be present at the time of all chemical applications Contractor shall be responsible for 

filing the yearly report required with DEP Contractor shall report to the Village on a periodic basis regarding the chemicals 

and substances applied in the performance of the contract 

9 All chemicals and substances used by the contractor in the performance of this contract must be approved by the 

Environmental Protection Agency and the State of Florida and must provide a wide margin of safety to fish wildlife 

and landscaped areas 

10 The contractor shall adhere to all regulations procedures and permits of all State and County agencies and is 

responsible for obtaining all necessary permits from these agencies An entry for the DEP operations report shall be 

logged daily and filed on a timely basis with the agency for compliance with the permit held by the Village of 

Wellington 

11 The contractor s personnel shall check in to the Public Works Department at the beginning of each and every work 

day and at the end of each and every work day Starting time for each work day shall begin at 700 am and end at 

400pm A deduction from the contractor smonthly invoice shall result from personnel that do not check in each and 

every work day 

12 A work schedule shall be submitted by the contractor to the Village s Surface Water Management Supervisor before 

the first working day of each month for approval 

13 DAILY AND WEEKLY REPORTS Each day return to the Village s Surface Water Management Supervisor on 

Florida DEP forms a report which includes but is not limited to the following information 

a Identity of the applicator 

b Quantity and type of chemicals applied 

c Map showing the areas treated and the acreage covered 

d An assessment of the status of noxious aquatic plants in the areas treated that day 

e Daily water test results indicating dissolved oxygen water temperature and pH levels wildlife 

observations targeted plants and comments on trash removal 

f Notes on any follow up treatment that will be required along with the projected date of follow up application 

g Identity of inaccessible areas and items in the water which require extra manpower and or equipment for 

removal 

Each week a report summarizing daily activities for that week should be provided for Basin A Basin B and Rustic 

Ranches 

14 All contractor s personnel shall be in uniform and provide a neat clean appearance as Village agents 

15 QUARTERLY SURVEY Each quarter every three months the contractor shall conduct an overall survey of the 

aquatic plants in the Village of Wellington and prepare an aquatic plant survey which shall include varieties and plant 

acreage The report shall also include an 

operation and management strategy for the next three 

submittal of the months Delay in 

survey results could result in a delay in payment of invoices 

16 JOINT INSPECTIONS Inspections of areas under contract shall be performed monthly The Village s Surface Water 

Management Supervisor and a contractor srepresentative shall conduct these inspections It may be determined that 

additional treatments are needed to control observed growth An 80 rate of overall control is to be guaranteed 

within the contract period


Proposa1025 09 JWVAquatic Vegetation Control 

Villap eof Wellinngton 

17 Contractor shall post and publish required legal notices of application activity as required by ordinance law or 

regulation 

18 A delay in daily and weekly report submittal may result in a delay in invoice payment 

19 The length of this contract is for one 1 year from October 1 2009 through September 30 2010 It is requested that 

the Proposer quote fixed prices that will be guaranteed to the Village of Wellington for the initial period of one 1 year 

subject to the appropriation of funds The Village reserves the right to exercise the option to renew the contract for 

three 3 additional one year terms subject to appropriation of funds Renewal shall be based on the contractor 

agreeing to the same terms and conditions and by filing written notice to the Village not less than ninety 90 days 

prior to renewal date of any adjustment 

in the contract amount Documentation to substantiate adjustments in the 

contract amount shall accompany the written notice to the Village Contract renewal shall be based on satisfactory 

performance mutual acceptance and determination that the contract is in the best interest of the Village 

20 Contractor shall respond to resident homeowner complaints by the following procedures 

Return a call to the homeowner after receiving notification from the Public Works Department 

Response shall note the day and approximate time of treatment which shall be followed by a call to the 

homeowner and the Public Works Department upon completion 

Any complaint received shall be resolved by the third work day after the day the complaint was received 

21 INVOICING AND PAYMENT 

Invoicing All invoices submitted by the Contractor shall reference the Village s Contract number The Contractor 

shall submit three copies of invoices on a monthly basis One copy should be submitted to 


Accounts Payable 


Wellington Florida 33414 

Two copies should be submitted to 


Public Works Department 

Att Surface Water Management 


Wellington 

Florida 33414 

For the month invoiced provide the following information 

a Identity of each applicator and the man hours expended by each applicator for each of Basin A Basin B and 

Rustic Ranches areas 

b The type and quantity of chemicals applied for each of Basin A Basin B and Rustic Ranches areas 

Before an invoice is paid applicator man hours and types and quantities of chemicals applied which are shown on daily 

reports must be reconciled against that same information on the monthly invoice Any discrepancies 

must be resolved 

before an invoice will be approved for payment 

Basic service levels require a minimum of forty 40 applicator man hours to be expended each week for each of Basin A 

and Basin B areas along with their associated chemical application If levels of service fall below the minimum forty 40 

hour service requirement for any week the invoice amount for the month during which the minimum was not met should 

be adjusted accordingly This adjustment shall be applicable even though the reduction in service may not have been the 

fault of the contractor but may have been the result of unusual moving water or weather conditions 

Deficits in levels of service during one week may be applied to increase the levels of service during a subsequent period 

as compensation for uncompleted work but approval to do so must first be obtained from Surface Water Management 

Man hours and chemical application expended to retreat areas not properly treated shall not be applied toward meeting 

the minimum forty 40 hour requirement per surface water management

Proposal025 09 JWVAquatic Wellington Council Meeting Vegetation August 23, Control 2011 Page 67 of 336 


Failure by the Contractor to follow these instructions shall result in an unavoidable delay of payment by the Village The 

Village of Wellington shall pay for properly rendered and invoiced services within thirty 30 days from receipt 

and 

acceptance 

Payment The Annual Lump Sum Proposal Price shall serve as the basis for calculating the monthly amount due for 

services rendered The actual amount paid for services rendered annually may be greater than less than or 

equal 

to the 

Annual Lump Sum Proposal Price depending upon the actual amount due each month after calculating payment Monthly 

payments are calculated in the following manner One twelfth 1112 of the Annual Lump Sum Proposal Price shall serve 

as the monthly base amount from which additions or deductions are made If levels of service fall below the minimum 

required forty hours per week for each of the two basins for the month a deduction is 

made from the monthly base 

amount proportional to the reduction in the level of service If levels of service exceed the minimum required forty hours 

per week for each of the two basins for the month an addition is made to the monthly base amount proportional to the 

increase in the level of service If deductions or additions are not made the monthly base amount is paid for rendered 

services 

22 Liquidated Damages Liquidated damages will be charged at a rate of 250 00 per day for work not completed 

schedule to 

or if aquatic vegetation remains growing out from the bank eighteen 18 inches or more 

shall 

Non completion 

be defined as not meeting the eighty percent 80 rate of overall aquatic plant control Liquidated 

shall 

damages 

be in the form ofadeduction from any other payment due contractor from the Village for aquatic plant control 

services 

23 Employees All employees of the Contractor shall be considered to be at all times the sole employees of the 

Contractor under the Contractor ssole direction and not an 

employee or agent of the Village of Wellington The 

Contractor shall supply competent physically capable duly licensed employees and the Village may 

Contractor to 

require the 

remove any employee it deems careless incompetent insubordinate or 

whose otherwise objectionable and 

presence on Village property is not in the best interest of the Village The Village shall not have any duty 

to 

implement or enforce such requirements 

24 NoSub Contractors shall be used to fulfill 

any conditions of this contract without Village approval


Annual Performance Bond 

Bond No K08314469 

KNOW ALLMEN BY THESE PRESENTS that we AOUATIC WEED TECHNOLOGY INC as Principal hereinafter 

called thePrincipal and WESTCHESTER FIRE INSURANCE COMPANY hereinafter called the Surety 

are held 

firmlybound unto Village of We1linEton 1400 Greenbriar Blvd Welling Florida 33414 as Obligee hereinafter 

called the Obligee in the maximum penal 

sumof Three Hundred Thirty Thousand00 100 h Dollars330 

000 

good and lawful money of the United States of America for the payment of which well and truly to be made we bind ourselves 

our heirs administrators executors successors assigns jointly and severally firmlyby these presents 

WHEREAS the above bound Principal has entered into a certain written contract with the above mentioned Obligee described 

as Aquatic Vegetation Control Bid025 09 JWV dated A9 contract is hereby referred to and 

made a part hereof as fully and to the same extent as if copied at length herein 

WHEREAS the Obligee has agreed to accept a bond guaranteeing the performance of said contractfor a period of only one year 

NOW THEREFORE the condition of this obligation is such that if the Principal shall indemnify the Obligee for any and all loss 

that the Obligee may sustain by reason of the Principal s failure to comply with the terms and conditions of said Contract then 

this obligation shall be null and void otherwise it shall remain in full force and effect 

PROVIDED HOWEVER that 

1 The t m of his bond is for the period commencing the date of the contract signing l and expiring on 

unless released by the Obligee prior thereto However the term of this bond may be renewed 

for an additional one year period s by the issuance of a Continuation Certificate by the Surety 

2 Neither nonrenewal by the Surety nor failure of the Principal to provide the Obligee with a replacement 

constitute default under this bond 

bond shall 

3 In the event the Principal shall be declared by the Obligee to be in default under the Contract the Obligee shall provide 

the Surety with a written statement setting forth the particular facts of said default no later than thirty 30 days from 

the date of said default which notice shall be sent to the Surety by registered mail to the address in stated in Section 6 

below 

4 The Surety will have the right and opportunity at its option and in its sole discretion to a cure the default b 

assume the remainder of the Contract and to perform or sublet same c or to tender to the Obligee funds sufficient to 

pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal 

sum of the 

bond In no event shall Surety be liable for fines penalties liquidated damages or forfeitures assessed against the 

Principal 

5 The Obligee s acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agreement 

as to the terms under which it is offered and issued by the Surety 

6 All notices demands and correspondence with respect to this bond shall be in writing and addressed to 

The Surety at 436 Walnut Street WAIOF PA 

Philadelphia 19106 

The Principal at 110 E Irving Park Road4h Floor Roselle IL 60172 

The Obligee at 1400 Greenbriar Blvd Welling Florida 33414 

SIGNED SEALED AND DATED this day of 200 

Principal AQUATIC WEED TECHNOLOGY INC 

By 

Title 

Surety 

WESTCHESTER FIRE INSURANCE COMPANY 

By 

Katherine J Foreit as Attorney In Fact for Surety


STATE OF ILLINOIS 

COUNTY OF COOK 

I AnneMarie Bellavia a Notary Public in and for said County do hereby 

certify that Katherine J Foreit Attorney in Fact ofthe 

INDEMNITY INSURANCE COMPANY 

OF NORTH AMERICA 

INSURANCE COMPANY OF NORTH 

AMERICA 

PACIFIC EMPLOYERS INSURANCE 

COMPANY 

WESTCHESTER FIRE INSURANCE 

COMPANY 

A Corporation of the Commonwealth of 

Penns lvania 


Penns lvania 


Penns lvania 

A Corporation of the State ofNew York 

who is personally known to me to be the same person whose name is subscribed to the foregoing 

instrument appeared before me this day in person and acknowledged that they signed sealed 

and delivered said instrument for and on behalfof 

INDEMNITY INSURANCE COMPANY 

OF NORTH AMERICA 

INSURANCE COMPANY OF NORTH 

AMERICA 

PACIFIC EMPLOYERS INSURANCE 

COMPANY 

WESTCHESTER FIRE INSURANCE 

COMPANY 


Penns lvania 

A Corporation ofthe Commonwealth of 

Penns lvania 


Penns lvania 

A Corporation of the State ofNew York 

for the uses and purposed 

therein set forth 

Given under my hand and notarial seal at my office in the City of Chicago 

this day of 1irn riL AD 

eeseeoeeeeoeseeeeoeeeeeeeee 

in said County 

OFFICIAL SEAL 

AnneMarie Bellavia 

Notary Public State of Illinois 

e My Commission Expires 08114111


POWei Of 

Attorney 

WESTCHESTER FIRE INSURANCE COMPANY 

Know all men Er thex presents ThatAGSTCIIES IE12H1KE iNS IR NCECOMP NI corpulation of the SCne of Ncs lork has log nsplinc palullcr m 

the City of Atlanta Georgia pursuant to the Foilowing Rcsoluuon adoptcd bj the Board of Directors ofille soldCimpam un Decaiilxr I I 2u06 t n ut 

KESOLA 6R thnt ih follot ing auihoniauons iela0 to theactiuuon for utd on bchallothe Comjrmn of bonds underl il ings recogmanecs contracts and other tnne commiimm ls of IhdC mpem 

entered into tlu ordinurv course of tiusiness each a Vnttcn Comnuiment 

I l PachoC the Chvimtan the Pr Sident and the V9ce Prwidenls of the Company is herebc audtonicdtoe ecute m A uucn Commiinunt for md on bctralf oCthe Compam 

othcntase 

iurdcr the seal tC 

the Coiiip mt o 

f3 

Bachdul appointed attornec io faetoCilre Coinpmn a herebc 

such ucuo i 

aWhon ed to ecutehhtRnten Commitment for utd onbehalf nCthe Compam under the sev of they ompmt orod ruisa to the esic v that 

isaulhunicd bg the grant oC pokers provided Gnntuch person5 cmten apptntvmcnt nsl5uch anorncrdn faU 

hitch of the Urai man the President and lhoV ice Prwdents Compaq of the s h rebcar Ihouied for and nn behalf of the fomparn to appoinun ttnnng vn person the altomeV inI to of the Co np utt tti Ut 

IuIIpo terihd iiwhont til execute orand oh behaoCthe Co npanp under dte seal pf tlic Gompunr orNhern ise such Vnlten CommilhientsoC the Compatn 2s may be specifred in such n titten 

appoihlment tdiich specif iaation mni bc bv general hpeor Mass ofNrinen Commitmuntt or bspeahca ion bf one of mopepvtiaJ arWritten Commimients 

t3 1 ach uCthe Charnhan the Ftesident and 1eFPren dents oC tie Compmty in herebc authonied for ind on behalf of the Comhmtt to d legate m o nUngany other ofica c f the Coniham the aolhontt to 

es ute for vtd wt behalfof the Coinp6nc under the CompaR s seal ocolhenrise such W ii7en Cqn iiiienls m of the Coiupand acarspec Gwl msuch rcnuen dcle6aCc dnlh spuili mi n r i bbs 

tt 

gcneirtl pe adassbfWm en Commnmen so by 

specihcauon one or mor pirnular AVnnehLr 

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the si gnolwe laf anr Olliccr orother pcnunecuung am 1VnunComniit Went orippo 

mmenYof ddegauon puEsuw w this ReSOlut on mrd the xal of th omp 

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11 lOID thaldre fcr c ng Res ilw on shill notbduVmd u he m escl e cteienie of he hoiu ramd amhi r h I ofLacis s n Ir iend ih purr n mi fn I FCIKf11LR RI 

Compmn mdsishRolu utsh ill n0ii nii orrihu at 

1Ih 2nt hrsuch r l 

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FURl1iLRRL St LAI U thar te Resril mion ql the I3hard oC U recto Col ih C mp urvoJopted a ih n 2un liild on ti cutl6ei In7 rclnt no th iwh r inion of p oa 

lxhalf of the Coiirpmt A4 WacoC n muments undappoim mcnts and del cgabons in her bt r sclidwi 

sic 

1oes hereby nonunate consUtute and appomtC R I Icmunde David J Roth fiatherine J horeit Llnh 13 3ucholtz Ralph F Nosal SandraNo akottsklfheodor C 

Sevier Jr Ilofthc C rtyof CHICAGO Illinois each indrndually if therebc more thanone named its and true lawful attori clit fact to make ekecute seal and 

deltve onus bchall and islts netaiid deed am and allbonds 

underiakings recogni aitees contracts andothersritings mthehaatic thereol in penalties not exceeding 

TsentIne niilllon dollars cro cents25 

00and 000 the execiuion of Stich rlUngs in pursuanceof those presentsshall boas binding upon saidConipany as 

ftdl and ainplJ as if itiey had been duly crecuted lndackno ledged bthc 

regularlyelected officers of the Company at rtsprii cfpalofficc 

bi WINh SS WHBREQP the said Stephen M 

FINE 91rSURA CLCOI iP CNI this 29 day of June 2009 

I IanrvVlce President has hereuntpsubscntwd tits name andafli edthe Corporate seal itf the said yISICIIES iIk 

VES hCIfESTER FiRP 7NSOR CNGF COMP N1 

3 

FJ a 

4lNGF 

COMMONWEt LTHOI PCNNSYI VAMAa 

COUNTY OPPIiILADGLPHIA 

9 I 

SocpFtcn Hant Vtee Ptt idCnl 

r 

ss 

On lhls 29 day of 1unc AD 009 before me a Notap Yubl lc of the Comniom ealth of Pcnnsylvama m and for the County of Yhlladelplila came Stephen M 

hlaneyVlce Pr csldent ofiieVESTCHESTERlIREINSURAhCECOMPANY to me personal known to be llie lndt id ial and officer hoexecuted lfic 

preceding instrument aridhe acknowledgedthat he executed the same alid drat the seal affixed to the preceding utistnancnt islhe corporate seal ofsaxi Conij amthat 

tesaid corptxate seal and tits slgiiahlre were duly affixed b theauthont and direction of the Bald corporouon andthat RcsoluUOn adopted by the lioald oG Ulrecuxs 

fsaid Company re erredlu In thcprcccding uisuunient 

is now ui force 

IN f ES CIMONYVr kII RL01 I have hereuntci set myhand and affixedmti bfficlal seal at the City of Phlladelphci the day andycar firsCabovbhritten 

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1 thoundcrslgned Assistant Secretary oCthe1NSCCHES hERN1RF iNSUR1NCG CO MPr1i ldo hercb ecrti fv that tic onguwl1OA LR C1 I IlRNI 1 01 

hich the forogoing Is asubstanua ly tale and correct copy is m frill force and eflect 

yj 

In wetness hereof I haceheremrto subscnbed m Hume as Assistant Secretary and affixed Fhe corporate seal of the Corporation this dui ofC 

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rlarn l hel y lasixterU 

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THISPOy1 FROP AIfORN YMAY NOT QEUSED InLXC CUTE ANY I30NllVrIHAN NCPPI IO1DA1 LA1 l ERJunc 29 201 1 

Q THE BACKOF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES Q THAT WILL PROTECT AGAINSTCOPY COUNTERFEIT AND ALTERATION Q

e 

r 

ACORD T CERTIFICATE OF LIABILITY INSURANCE 

PRODUCER 


MARSH USA INC 

500 WEST MONROE STREET 

CHICAGO IL 60661 

Attn E Chicago 

CertRequest@marsh com f212 948 0770 

DATEMM DD YYYY 

09 25 2009 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 

HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 

772285 ALLAQ ALLCV 08 09 AWT KDUNN INSURERS AFFORDING COVERAGE NAIC 

INSURED 

INSURER ALexington Insurance Company 

19437 

AQUATIC WEED TECHNOLOGY INC 

3036 MICHIGAN AVENUE INSURER e Illinois National Ins Co 23817 

KISSIMMEE FL 34744 

INSURER C New Hampshire Ins Company 

INSURER D Insurance Company Of The State Of PA 19429 

INSURER EN 

NA 

COVERAGES 

INS 

LTR 

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED 

NOTWITHSTANDING ANY REQUIREMENT 

TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 

MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND 

CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 

ADD 4 

INSR 

TYPE OF INSURANCE POLICY NUMBER OLICY EFFECTIVE 

DATE MMIDD YY 

POLICY EXPIRATION 

DATEMM DD YY 

GENERAL LIABILITY EACH OCCURRENCE 1 000 OO 

A X EG1950828 11 01 08 11 01 09 DAMAGE TO RENTED 50 00 

X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence 

CLAIMS MADE 

OCCUR 

LIMITS 

MED EXP Any one person 10 00 

X Induriing Pnllutinn PERSONALBADV INJURY 1000 

Legal Liability 

GENERAL AGGREGATE LIMIT APPLIES PER 

POLICY jE 

LOC 

LIMIT 15 000 000 EA LOSS LIMIT 

GENERAL 

AGGREGATE 2000 

PRODUCTS COMP OPAG 1000 

B X AUT OMOBILE LIABILITY CA6530642 AOS 11 01 08 11 01 09 COMBINED SINGLE LIMIT 

1000 

C X ANY AUTO CA6694083 Ea accident 

MA 11 01 08 11 01 09 

X 

X 

X 

ALL OWNED AUTOS 

SCHEDULED AUTOS 

HIRED AUTOS 

NON OWNED AUTOS 

t r4 

7 

i 

t 

V 

t 

BODILY INJURY 

Perperson 

BODILY INJURY 

Peraccident 

COMP COLLDED1000 f PROPERTY DAMAGE 

Z 1D 

QL 

J 

Peraccident 

GARAGE LIABILITY r AUTO ONLY EA ACCIDENT 

ANY AUTO ca EA ACC 

o OTH ER THAN 

a o 

d ea AUTO ONLY 

AGG 

A 

EXCESS UMBRELLA LIABILITY EGU1950829 01108 11 01 09 EACH OCCURRENCE I 10 000 

X 

AGGREGATE 10 000 

OCCUR 

CLAIMS MADE 

DEDUCTIBLE 

RETENTION 

D WORKER S COMPENSATION AND 564 WC 6208 AOS 11 01 08 11 01 09 X OTH 

WCSTATLUT 

EMPLOYERS LIA LITY 

WC 564 6209 CA 

D 

11 01 08 11 01 09 L EACH ACCIDENT 1000 

ANY PROPRIETOR OFFICER MEMBER EXCLUDED 

L DISEASE EA EMPLOYE 1 000 

If yes describe under L DISEASE POLICY LIMIT 1 000 

SPECIAL PROVISIONS below 

OTHER 

DESCRIPTION OFOPERATIONS 

LOCATIONSNEHICLES 

EXCLUSIONSADDED BY ENDORSEMENT SPECIALPROVISIONS 

VILLAGE OF WELLINGTON IS INCLUDED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF SERVICES OR 

OPERATIONS AGREED TO BE PERFORMED BY THE INSURED SUBJECT TO ACTUAL INSURANCE POLICY TERMS AND CONDITIONS 

CERTIFICATE HOLDER 

CHI 002496207 06 CANCELLATION 

SHOULD ANY 

OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 

EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 

VILLAGE OF WELLINGTON 

ATTN JAMES VOLKMAN 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 

PUBLIC WORKS DEPARTMENT 

14000 GREENBRIAR BOULEVARD 

BUT FAILURE TO DO SO SHALL IMPOSE NO 

OBLIGATION OR LIABILITY OF ANY FOND 

WELLINGTON FL 33414 UPON THE INSURER ITS AGENTS OR REPRESENTATIVES 

Aof MarshUSAPnC SENTATIVE 

Mary Radaszewski 

o A 

C40 

ACORD 25 2001 08 O AcoKU cUKNC ri AF IUN Tyriif


IMPORTANT 

If the certificate holder is an ADDITIONAL INSURED the policy ies must be endorsed A statement 

on this certificate does not confer rights to the certificate holder in lieu of such endorsement 

If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may 

require an endorsement A statement on this certificate does notconfer rights to the certificate 

holder in lieu of such endorsement 

DISCLAIMER 

The Certificate of Insurance on the reverse side of this form does not constitute a contract between 

the issuing insurer 

authorized representative or producer and the certificate holder nor does it 

affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon 

Acord 25 2001 08 Reverse of Page 1


LETTER OF TRANSMITTAL 

v 

w 

Administrative Services 

TO 

Awilda Rodriguez 

DATE 09 28 10 

We are sending you the following items RE Contract Execution by Mayor 

No Unit Descri tion 

2 ea Agreement for Aquatic Vegetation Control with Aquatic Weed Technology 

2 ea Annual Performance Bond accompanying the Agreement 

2 ea Certificates of Insurance accompanying the Agreement 

These are transmitted as checked below 

For Approval For Execution by Mayor Hand Deliver Federal Express 

For Your Use For Review Comment Pick Up For 

Your File 

As Requested For Corrections Regular Mail Faxed 

RF MARKS 

This agreement resulted from award ofRFP025 09 JWVby Council The agreement has been 

executed by Aquatic Weed Technology and approved as to form and legal sufficiency by Bob 

Rosillo Please have the Mayor execute the agreement Keep one copy of the agreement for your 

records and return one copy to me for transmittal to Aquatic Weed 

Thanks 

J m s Volkman 

Contracts Coordinator


6. D 



AGENDA ITEM NAME: AUTHORIZATION TO ENTER INTO CONTRACT NEGOTIATIONS WITH 

MD NOW MEDICAL CENTERS AS EMPLOYEE HEALTHCARE PROVIDER 





No 

FIRST READING 


REQUEST: Authorization to enter into contract negotiations with MD Now Medical Centers as 

Employee Healthcare Provider. 

EXPLANATION: On March 10, 2011, Wellington solicited proposals from healthcare providers for 

medical services for employees, retirees, and dependents currently covered under Wellington’s 

medical plan. With the use of a near-site healthcare facility, Wellington expects to reduce net 

healthcare premiums by $55,000 during the first year of implementation and $79,000 in subsequent 

years (see attachment). Services provided would include primary care, preventative screenings, 

health risk assessments, acute and urgent care, immunizations, injections, prescriptions, 

pharmaceutical dispensing, lab services and primary care case management through utilization of 

an existing medical facility, practice, clinic or urgent care located minutes from Wellington’s City 

Hall. 

On April 20, 2011, seven proposals were received. The Selection Committee met on May 23, 2011 

and agreed to short list four firms for presentations/oral interviews. 

Firm Name 

Local Preference 

1) MD Now Medical Centers Western Communities 

2) Wellington Medstat/ER Doctors Urgent Western Communities 

Care 

3) CIGNA Not Local 

4) Care ATC Not Local 

Interviews were held on June 6, 2011, and the Selection Committee ranked MD Now Medical 

Centers as the highest ranked proposer. 

MD Now currently has six (6) facilities throughout Palm Beach County and will assign their Royal 

Palm Beach clinic as a primary location for covered Wellington employees, dependents and 

retirees.



FISCAL IMPACT: Savings in healthcare premiums are projected to be $55,000 the first year and 

$79,000 in subsequent years. 


RECOMMENDATION: Authorization to enter into contract negotiations with MD Now Medical 

Centers as Employee Healthcare Provider.


Health Clinic Provider 

RFQ # 032-11/ED 

RFQ OPENING DATE: APRIL 20, 2011 

RFQ OPENING TIME: 10:00 AM LOCAL TIME 

Tab 

# 


PROPOSERS Care ATC Caremore FP 

Wellington Medstate ER 

Doctors Urgent Care 

MD Now Medical Centers 

Coach Comp PB Urgent 

Care 

Treasure Coast Medical 

Association 

1 Original and 3 Electronic copies x x x x x x x 

1 Proposal Submittal Form x x x x x x x 

2 Acknowledgement of Addendum #1 x x x x 

3 Drug Free Workplace x x x x x x x 

4 Local Preference Form x x x x x x x 

5 Evidence of Insurance Certification x x x x x x x 

6 Current Licenses x x x x x x x 

7 Vendor Application and EFT/VISA Form x x x x x x x 

8 References x x x x x x x 

9 Questionnaire A x x x x x x x 

10 Questionnaire B x x x x x x x 

11 Questionnaire C x x x x x x x 

12 Questionnaire D x x x x x x x 

13 Questionnaire E x x x x x x x 

14 Questionnaire F x x x x x x x 

15 Questionnaire G x x x x x x x 

16 Questionnaire H x x x x x x x 

CIGNA




Bid No: RFP# 032-11/ED 

Title: Employee Healthcare Provider 

Date: May 23, 2011 

Notice of Intent to Short List 

1. RFP#032-11/ED – Employee Healthcare Provider 

2. A copy of the Selection Committee Tabulation is posted on Demandstar or can be obtained by providing a 

Wellington Information Request Form to the Clerk’s Office, 12300 Forest Hill Blvd. Wellington, Florida 

33414, Attention: Tamika Rogers trogers@wellingtonfl.gov in the Clerk’s Office. 

3. Based on the Selection Committee meeting held on May 23, 2011, the Selection Committee agreed to 

short list the following firms for presentations/oral interviews: 

 

 

 

 

Care ATC 

CIGNA 


Wellington MedStat ER Doctors 

4. Failure to file a protest within the time prescribed in Section 2-335 of Wellington’s Code of Ordinances 

shall constitute a waiver of proceedings under same. The proposer may submit a written protest to the 

Purchasing Department between the hours of 7:00 AM and 6:00 PM Local Time Monday through 

Thursday. Protestors shall specifically describe the subject matter and facts giving rise to the protest and 

the action requested from wellington. This protest must be received no later than 72 consecutive hours 

(excluding Fridays, Saturdays, Sundays and legal holidays) from time of initial posting. 

14000 Greenbriar Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 

www.wellingtonfl.gov


Bid No: RFP# 032-11/ED 

Title: Employee Healthcare Clinic Provider 

Date: June 16, 2011 

Notice of Intent to Negotiate a Contract 

Pursuant to Wellington RFP 032-11/ED, notice is provided as follows: 

1. RFP#032-11/ED – Employee Healthcare Clinic Provider 

2. A copy of the Selection Committee Tabulation is posted on Demandstar or can be obtained by 

providing a Wellington Information Request Form to the Clerk’s Office, 12300 Forest Hill Blvd. 

Wellington, Florida 33414, and Attention: Tamika Rogers trogers@wellingtonfl.gov in the Clerk’s 

Office. 

3. Pursuant to the presentations and oral interviews conducted on June 6, 2011, the Selection Committee 

is recommending initiation of contract negotiations with the following firm: 


4. Failure to file a protest within the time prescribed in Section 2-335 of Wellington’s Code of 

Ordinances shall constitute a waiver of proceedings under same. The proposer may submit a written 

protest to the Purchasing Department between the hours of 7:00 AM and 6:00 PM Local Time Monday 

through Thursday. Protestors shall specifically describe the subject matter and facts giving rise to the 

protest and the action requested from wellington. This protest must be received no later than 72 

consecutive hours (excluding Fridays, Saturdays, Sundays and legal holidays) from time of initial 

posting. 

14000 Greenbriar Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 

www.wellingtonfl.gov


Bill Riebe 

PROPOSERS Specific Project Experience Proposers Qualifications Presentation and Answers to Questions Overall Proposal and Price Team Member Interaction Local Preference Grand Total Ordinal Ranking 


1. Palm Beach County 

2. Western Community 

# Max 10 Pts Max 10 Pts Max 10 Pts Max 10 Pts Max 10 Pts 1.5 Pts or 2.5 Pts Max 52.5 Pts. Rank 

1 Care ATC 9 7 7 5 7 0 35 4 

2 CIGNA 9 9 9 8 9 0 44 1 

3 MD Now Medical Centers 7 8 8 8 8 2.5 41.5 2 

4 

Wellington Medstat - ER Doctors 

Urgent Care 6 8 8 6 8 2.5 38.5 3


Rick Greene 





# Max 10 Pts Max 10 Pts Max 10 Pts Max 10 Pts Max 10 Pts 3 Pts or 5 Pts Max 105 Pts. Rank 

1 Care ATC 8 7 9 6 7 0 37 3 

2 CIGNA 9 7 7 6 7 0 36 4 


4 


Urgent Care 6 7 7 7 8 2.5 37.5 2


Mireya McIlveen 






1 Care ATC 9 8 7 5 7 0 36 4 

2 CIGNA 8 8 8 6 8 0 38 2 


4 


Urgent Care 6 9 8 5 7 2.5 37.5 3 

John Bonde 






1 Care ATC 9 7 8 7 8 0 39 3 

2 CIGNA 8 8 7 7 9 0 39 3 


4 


Urgent Care 7 9 8 8 9 2.5 43.5 1 

Kurt Gehring 






1 Care ATC 9 9 8 5 6 0 37 3 

2 CIGNA 8 9 7 4 8 0 36 4 


4 


Urgent Care 7 9 7 7 8 2.5 40.5 2 

Health Clinic Provider FINAL ORDINAL FINAL ORDINAL 

# PROPOSERS POINTS RANKING 

1 Care ATC 17 4 

2 CIGNA 14 3 

3 MD Now Medical Centers 6 1 

4 


Urgent Care 11 2




















6. E 



AGENDA ITEM NAME: AUTHORIZATION TO AWARD THE CONTRACT FOR THE PURCHASE 

AND DELIVERY OF SPORTS UNIFORMS TO SCOTTY'S SPORT SHOP 





No 

FIRST READING 


REQUEST: Authorization to award the contract for the purchase and delivery of sports uniforms to 

Scotty's Sport Shop. 

EXPLANATION: On June 12, 2011, Wellington released a solicitation for the purchase and delivery 

of sports uniforms. This bid allows the department to obtain consistent pricing for each sport 

through a single procurement. One hundred and eighty nine suppliers were notified, thirteen 

vendors’ downloaded plans and one bid was received. 

On June 29, 2011 one (1) proposal meeting the specifications of the bid was received. The initial 

term of the contract is for three (3) years effective through September 30, 2014 with a provision for 

two (2) additional one (1) year renewals. 

Staff reviewed pricing and found it consistent with other vendors pricing. Staff is recommending 

award to Scotty’s Sport Shop, a Western Community local vendor as the lowest responsive, 

responsible bidder. 

Scotty’s Sport Shop 

Purchase & Delivery of Sports Uniforms 

Western Community Vendor 

LEGAL SUFFICIENCY: No 

FISCAL IMPACT: The estimated annual expenditures for FY 2012 is $75,900. 


RECOMMENDATION: Authorization to award the contract for the purchase and delivery of sports 

uniforms to Scotty’s Sport Shop.


ADVERTISEMENT/INVITATION TO BID 

The Wellington Council is accepting sealed bids for ITB # 058-11/ENR Purchase & Delivery of Sports Uniforms 

for three (3) years with the option to renew for two (2) additional one (1) year periods for the Parks and Recreation 

Department. 

All Bids must be received, one (1) original and one (1) electronic pdf. copy (CD) for a total of (2) complete copies, 

at the address below in the Clerk’s Office, no later than June 29, 2011 at 2:00 pm, at which time all Bids will be 

publicly opened and read. Receipt of a response by any Wellington Office, Receptionist, or personnel other than the 

Clerk’s Office does not constitute "receipt" as required by this solicitation. The Clerk’s Office time stamp shall be 

conclusive as to the timeliness of receipt. 

The Owner for the Project is the Village of Wellington, Florida, (“Owner”). 

Bid Documents may be downloaded from DemandStar at no cost starting on June 13, 2011. 

No bid may be withdrawn for a period of 120 days after the posting of the recommended award or as otherwise 

provided in Instructions to Bidders. 

All Bids shall be sealed when submitted and be delivered or mailed to: 

Wellington 

Clerk’s Office 

12300 W. Forest Hill Boulevard 

Wellington, FL 33414 

ENVELOPE MUST BE IDENTIFIED AS SEALED BID # 058-11/ENR 

The Owner reserves the right to accept or reject any or all Bids (in whole or in part) with or without cause, to waive 

technicalities, irregularities or informalities, or to accept bids which in its judgment best serve the Owner. 

Any and all questions regarding this solicitation shall be directed to the Wellington Purchasing Division: Attn: 

Emma Ramirez 12300 W. Forest Hill Boulevard, Wellington, Florida 33414: Ph 561-791-4021 or email: 

eramirez@wellingtonfl.gov 

Palm Beach Post Advertisement: 

June 12, 2011 

1


BID ACKNOWLEDGEMENT COVER PAGE 

SUBMIT BIDS TO: 

City of Wellington 

Attn: Clerk’s Office 

12300 W. Forest Hill Blvd. 


BID TITLE: 

REFER ALL INQUIRIES TO PRIMARY 

CONTACT: 

Purchasing Division 



Fax: (561) 791 – 4045 

Ph:(561) 791 – 4021 


City of Wellington 

INVITATION TO BID 

BID NO: 

058-11/ENR 

NAME OF FIRM, ENTITY, or ORGANIZATION: 

NAME OF CONTACT PERSON VENDOR MAILING ADDRESS: CITY: ZIP: STATE: 

TITLE 

VENDOR HEADQUARTERS ADDRESS (IF 

DIFFERENT): 

CITY: ZIP: STATE: 

PHONE NUMBER: 

FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN): 

EMAIL ADDRESS: 

STATE OF FLORIDA BUSINESS LICENSE NUMBER (IF APPLICABLE) 

FAX NUMBER: 

ORGANIZATIONAL STRUCTURE (Please Check One): 

Corporation Partnership PROPRIETORSHIP Joint Venture Other 

If Corporation, please provide the following: 

(A) Date of Incorporation: ________________________________ 

(B) State or Country of Incorporation: Month / Day / Year 

Does your firm accept Visa for payment? Yes No Note: By checking yes, you authorizing the City of Wellington to 

___________________________/__________________________/__________________________ 

________________________________________ 

Name: First Middle Initial Last SIGNATURE: 

____________________________________________________________/_______________________________________________ 

________________ 

TITLE (Please Print) 

PHONE NUMBER: 

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person 

submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to 

abide by all terms and conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in 

compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. 

/ / 

AUTHORIZED SIGNATURE (MANUAL) AUTHORIZED SIGNATURE (PRINT OR TYPED) TITLE (PRINT OR 

TYPED) 

2



Bid # 058-11/ENR 

1.0 GENERAL CONDITIONS 

1.1 SEALED BIDS: 

Original copy of Bid Form as well as any other pertinent documents must be returned in 

order for the Bid to be considered for award. All Bids are subject to the conditions 

specified herein and on the attached Special Conditions, Specifications and Bid Form. 

The completed Bid must be submitted in a sealed envelope clearly marked with the Bid 

Title and Bid number to the Clerk’s Office, Village of Wellington, 12300 W. Forest Hill 

Blvd. Wellington, Florida 33414 no later than June 29, 2011 at 2:00 pm. 

1.2 EXECUTION OF BID: 

The Bid must contain a manual signature of an authorized representative in the space 

provided on the Bid Form. Failure to properly sign Bid shall invalidate same and it shall 

NOT be considered for award. All Bids must be completed in pen or be typewritten. No 

erasures are permitted. If a correction is necessary draw a single line through the 

entered figure and enter the corrected figure above it. Corrections must be initialed by 

the person signing the Bid. Any illegible entries, pencil Bids or corrections not initialed will 

not be tabulated. The original Bid conditions and specifications together with bidder’s 

response CANNOT be changed or altered in any way after submitted to Wellington. 

1.3 PRICES QUOTED: 

Deduct trade discounts and quote firm net prices. Give both unit price and extended 

total, when requested. Prices must be stated in units of quantity specified in the Bid 

specifications. In case of discrepancy in computing the amount of the Bid, the UNIT 

PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless 

otherwise stated in special conditions). Discounts to be given for prompt payment. 

Award, if made, will be in accordance with terms and conditions stated herein. Each item 

must be proposed separately and no attempt is to be made to tie any item or items in with 

any other item or items. Cash or quantity discounts offered will not be a consideration in 

determination of award of Bid(s). All prices quoted shall be guaranteed for 90 days from 

Bid date unless otherwise specified in Special Conditions. 

1.3.1 TAXES: 

The Village of Wellington is exempt from all Federal Excise and State taxes. The 

applicable tax exemption number is shown on the Purchase Order. 

1.3.2 MISTAKES: 

Bidders are expected to examine the specifications, delivery schedules, Bid 

prices and extensions and all instructions pertaining to supplies and services. 

Failure to do so will be at the bidder’s risk. 

1.3.3 UNDERWRITERS’ LABORATORIES: 

Unless otherwise stipulated in the Bid, all manufactured items and fabricated 

assemblies shall be U.L. listed or re-examination listing where such has been 

established by U.L. for the item(s) offered and furnished. 

1.3.4 BID’S CONDITIONS: 

Wellington reserves the right to waive irregularities or informalities in Bids or to 

reject all Bids or any part of any Bid deemed necessary for the best interest of 

Wellington, Florida. 

1


1.4 EQUIVALENTS: 

If bidder offers makes of equipment or brands of supplies other than those specified, it 

must be indicated in the Bid. Specific article(s) of equipment/supplies shall conform in 

quality, design and construction with all published claims of the manufacturer. 

Brand Names: Catalog numbers, manufacturers’ and brand names, when listed, are 

informational guides as to a standard of acceptable product quality level only and should 

not be construed as an endorsement or a product limitation of recognized and legitimate 

manufacturers. Bidders shall formally substantiate and verify that product(s) offered 

conform with or exceed quality as listed in the specifications. 

Bidder shall indicate on the Bid Form the manufacturers’ name and number if proposing 

other than the specified brands, and shall indicate ANY deviation from the specifications 

as listed. Other than specified items offered requires complete descriptive technical 

literature marked to indicate detail(s) conformance with specifications and MUST BE 

INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. 

Lacking any written indication of intent to quote an alternate brand or model number, the 

Bid will be considered as a Bid in complete compliance with the specifications as listed 

on the attached form. 

The following language is made a part of and is to be included in the specifications hereto 

attached: 

If and whenever in the specifications, Bid or RFP a brand name, make, name of any 

manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of 

establishing a grade or quality of material only. Since the Wellington or its dependant 

district does not wish to rule out other competition and equal brands or makes, the 

phrase “OR EQUAL” is added. However, if a product other than that specified is 

proposed, it is the vendor’s responsibility to name such a product within his, her or its bid 

and or proposal and to prove to Wellington that said product is equal to that specified and 

to submit brochures, samples, and or specifications in detail on item(s) submitted. 

Wellington shall be the sole judge concerning the merits of the brand item and 

bid/proposal submitted. 

1.5 NON-CONFORMANCE TO CONTRACT CONDITIONS: 

Items may be tested for compliance with specifications. Any item delivered, not 

conforming to specifications, may be rejected and returned at bidder’s expense. These 

items and items not delivered as per delivery date in Bid and/or purchase order may be 

purchased on the open market. Any increase in cost may be charged against the bidder. 

Any violation of these stipulations may also result in Bidder’s Name being removed from 

the vendor list. 

1.6 SAMPLES: 

Samples of items, when required, must be furnished free of expense and, if not 

destroyed, will, upon request, be returned at the bidder’s expense. Bidders will be 

responsible for the removal of all samples furnished within (30) days after Bid opening. 

All samples will be disposed of after thirty (30) days. Each individual sample must be 

labeled with bidder’s name. Failure of bidder to either deliver required samples or to 

clearly identify samples may be reason for rejection of the Bid. Unless otherwise 

indicated, samples should be delivered to the Purchasing Department, 12300 W. Forest 

Hill Blvd., Wellington, Florida 33414. 

1.7 DELIVERY: 

Vendor shall provide commodities within 12 business days from the date the order is 

placed. Delivery time may become a basis for making an award. Delivery shall be within 

2


the normal working hours of the Wellington, Monday through Thursday from 7:00 am to 

6:00 pm, excluding holidays. 

1.8 INTERPRETATIONS: 

Unless otherwise stated in the Bid, any questions concerning conditions and 

specifications should be submitted in writing to Emma Ramirez, Purchasing Department 

via e-mail at eramirez@wellingtonfl.gov . 

1.9 AWARDS: 

Wellington reserves the right to reject any and all Bids or any portion of any Bid deemed 

necessary in the best interest of Wellington; to accept any item or group of items; to 

acquire additional quantities at prices quoted on the Bid Form unless additional quantities 

are not acceptable, in which case the Bid Form must be noted “BID IS FOR SPECIFIED 

QUANTITY ONLY”. All awards made as a result of this Bid shall conform to applicable 

Florida Statutes. 

No bid will be accepted from, nor will any contract be awarded to any person or firm 

which is in arrears to Wellington upon any debt or contract or which is a defaulter as 

surety or otherwise upon any obligation to Wellington or who has failed to perform 

faithfully any previous contract with Wellington. 

1.10 BID OPENING: 

Bids shall be opened and publicly read at City Hall, 12300 W. Forest Hill Blvd., 

Wellington, Florida 33414 on the date and at the time specified on the Invitation to Bid 

Form. All Bids received after that time shall be returned, unopened. 

1.11 INSPECTION, ACCEPTANCE & TITLE: 

Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of 

loss or damage to all items shall be the responsibility of the successful bidder until 

acceptance by Wellington unless loss or damage result from negligence by Wellington. If 

the materials or services supplied to Wellington are found to be defective or not conform 

to specifications, Wellington reserves the right to cancel the order upon written notice to 

the seller and return product at bidder’s expense. 

1.12 PAYMENT: 

Payment will be made by Wellington after the items awarded to a bidder have been 

received, inspected, and found to comply with award specifications, free of damage or 

defect and properly invoiced. 

1.13 DISPUTES: 

Any actual or prospective Bidder, proposer, offeror or Contractor who is aggrieved in 

connection with a solicitation or award of a Bid or Contract may avail themselves of the 

procedures contained in Ordinance 98-36 in order to resolve disputed matters or 

complaints. 

Purchasing Department shall post a tabulation of the Bid results with intended award 

recommendations. Posting shall be in the office of the Village Clerk and shall be on 

display for public viewing. All bidders, proposers, offerors or contractors affected by the 

proposed award of contract will also be notified by the Purchasing Department at the time 

of posting, via telefax or other means, of the intended award. 

Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved in 

connection with the solicitation or award of contract may file a written protest to the 

Purchasing Department. Protestors shall file their written protests with the Purchasing 

Department during the normal working hours, Monday through Thursday from 7:00 am to 

6:00 pm, excluding holidays. Protests shall contain the name, address and phone 

number of the petitioner, name of petitioner’s representative (if applicable), the name and 

3


bid number of the solicitation. The protest shall specifically describe the subject matter, 

facts giving rise to the protest and also the action requested from Wellington. 

The written protest must be received no later than 72 consecutive hours (excluding 

Saturdays, Sundays and legal holidays) from the time of initial posting. Failure to file a 

timely formal written protest within the time period specified shall constitute a waiver by 

the vendor of all rights of protest under this Bid/Proposal Protest Procedure. 

In the event of a timely protest, Wellington shall not proceed further with the solicitation or 

with the award of the bid/contract until all administrative remedies have been exhausted 

or until the Wellington Manager determines that the award of the bid/contract without 

delay is necessary to protect the public health, welfare or safety. 

1.14 LEGAL REQUIREMENTS: 

Federal, State, county and Wellington laws, ordinances, rules and regulations that in any 

manner affect the items covered herein apply. Lack of knowledge by the bidder will in no 

way be a cause for relief from responsibility. 

1.15 INDEMNIFICATION: 

Regardless of the coverage provided by any insurance, the successful bidder shall 

indemnify, save harmless and defend the Village of Wellington, its agents, servants, or 

employees from and against any and all claims, liability, losses and/or causes of action 

which may arise from any negligent act or omission of the successful bidder, its 

subcontractors, agents, servants or employees during the course of performing services 

or caused by the goods provided pursuant to these bid documents and/or resultant 

contract. 

1.16 PATENTS & ROYALTIES: 

The bidder, without exception, shall indemnify and save harmless the Village of 

Wellington, Florida 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 Village of Wellington, Florida. If the bidder uses any design, device or 

materials covered by letters, patent, or copyright, it is mutually understood and agreed, 

without exception, that the Bid prices shall include all royalties or cost arising from the 

use of such design, device, or materials in any way involved in the work. 

1.17 OSHA: 

The bidder warrants that the product and services supplied to Wellington, Florida shall 

conform in all respects to the standards set forth in the Occupational Safety and Health 

Act of 1970, as amended, and the failure to comply with this condition will be considered 

as a breach of contract. Any fines levied because of inadequacies to comply with these 

requirements shall be borne solely by the bidder responsible for same. 

1.17A SAFETY PRECAUTIONS: 

The bidder shall, if required, maintain suitable and sufficient guards and barriers and, at 

night, suitable and sufficient lighting for the prevention of accidents and all minimum 

safety standards required by municipal, County, State and Federal ordinances and laws 

shall be strictly met by the bidder 

1.18 SPECIAL CONDITIONS: 

Any and all Special Conditions that may vary from these General Conditions shall have 

precedence. 

1.19 ANTI-DISCRIMINATION: 

The bidder certifies compliance with the non-discrimination clause contained in Section 

202, Executive Order 11246, as amended by Executive Order 11375, relative to equal 

employment opportunity for all persons without regard to race, color, religion, sex or 

national origin. 

4


1.20 QUALITY: 

All materials used for the manufacture or construction of any supplies, materials or 

equipment covered by this Bid shall be new. The items Bid must be new, unless recycled 

materials are certified by bidder, the latest model, of the best quality, and highest grade 

workmanship. 

1.21 LIABILITY, INSURANCE, LICENSES AND PERMITS: 

Where bidders are required to enter or go onto Village of Wellington property to deliver 

materials or perform work or services as a result of a Bid award, the successful bidder 

will assume the full duty, obligation and expense of obtaining all necessary licenses, 

permits and insurance and assure all work complies with all Palm Beach County and 

Village of Wellington building requirements and the Florida Building Code. The bidder 

shall be liable for any damages or loss to the Village of Wellington occasioned by willful, 

wanton or gross negligence of the bidder (or agent) or any person the bidder has 

designated in the completion of the contract as a result of the Bid. 

1.22 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: 

Bid Bonds, when required, shall be submitted with the Bid in the amount specified in 

Special Conditions. After acceptance of Bid, Wellington will notify the successful bidder 

to submit a performance bond and certificate of insurance in the amount specified in 

Special Conditions. 

1.23 DEFAULT/FAILURE TO PERFORM: 

Wellington shall be the sole judge of nonperformance, which shall include any failure on 

the part of the successful bidder to accept the award, to furnish required documents, 

and/or to fulfill any portion of this contract within the time stipulated. 

Upon default by the successful bidder to meet any terms of this agreement, Wellington 

will notify the bidder three (3) days (weekends and holidays excluded) to remedy the 

default. Failure on the contractor’s part to correct the default within the required three (3) 

days shall result in the contract being terminated and upon Wellington notifying in writing 

the contractor of its intentions and the effective date of the termination. The following 

shall constitute default: 

A) Failure to perform the work required under the contract and/or within the time 

required or failing to use the subcontractors, entities and personnel as identified and 

set forth, and to the degree specified in the contract. 

B) Failure to begin the work under this contract within the time specified. 

C) Failure to perform the work with sufficient workers and equipment or with sufficient 

materials to ensure timely completion. 

D) Neglecting or refusing to remove materials or perform new work where prior work has 

been rejected as non conforming to the terms of the contract. 

E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or 

insolvency, or making an assignment renders the successful bidder incapable of 

performing the work in accordance with and as required by the contract. 

F) Failure to comply with any of the terms of the contract in any material respect. 

In the event of default of a contract, the successful bidder shall pay all attorney’s fees and 

court costs incurred in collecting any damages. The successful bidder shall pay 

Wellington for any and all costs incurred in ensuing the completion of the project. 

1.24 CANCELLATION: 

Wellington reserves the right to cancel this contract by written notice to the contractor 

effective the date specified in the notice should any of the following apply: 

A) The contractor is determined by Wellington to be in breach of any of the terms and 

conditions of the contract and/or to have failed to perform his/her services in a 

manner satisfactory to Wellington. In the event the contractor is found to be in 

default, the contractor will be paid for all labor and materials provided as of the 

5


termination date. No consideration will be given for anticipated loss of revenue or the 

canceled portions of the contract. 

B) Wellington has determined that such cancellation will be in the best interest of 

Wellington to cancel the contract for its own convenience. 

C) Funds are not available to cover the cost of the services. Wellington’s obligation is 

contingent upon the availability of appropriate funds. 

1.25 BILLING INSTRUCTIONS: 

Invoices, unless otherwise indicated, must show purchase order numbers and one (1) 

copy shall be submitted to Accounts Payable, Village of Wellington, 12300 W. Forest Hill 

Blvd., Wellington, Florida 33414. 

1.26 SUBSTITUTIONS: 

Wellington, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is 

expected to furnish the brand quoted in their Bid once awarded. Any substitute 

shipments will be returned at the bidder’s expense. 

1.27 FACILITIES: 

Wellington reserves the right to inspect the bidder’s facilities at any time with prior notice. 

1.28 BID TABULATIONS: 

Bidders desiring a copy of the Bid tabulation may obtain a copy on 

www.demandstar.com. 

1.29 APPLICABLE LAW AND VENUE: 

The law of the State of Florida shall govern the contract between the Village of Wellington 

and the successful bidder and any action shall be brought in Palm Beach County, Florida. 

In the event of litigation to settle issues arising hereunder, the prevailing party in such 

litigation shall be entitled to recover against the other party its costs and expenses, 

including reasonable attorney fees, which shall include any fees and costs attributable to 

appellate proceedings arising on and of such litigation. 

1.30 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: 

If any person contemplating submitting a Bid under this Invitation for Bid is in doubt as to 

the true meaning of the specifications or other Bid documents or any part thereof, the 

Bidder must submit to Wellington’s Purchasing Department at least seven (7) calendar 

days prior to scheduled Bid opening, a request for clarification. All such requests for 

clarification must be made in writing and the person submitting the request will be 

responsible for its timely delivery. Deadline to submit any request for clarifications is 

June, 23, 2011. 

Any interpretation of the Bid, if made, will be made only by a Request For Information 

(RFI) or Addendum duly issued by Wellington’s Purchasing Department. Wellington shall 

issue a RFI if clarification or minimal changes are required. Wellington shall issue a 

Formal Addendum if substantial changes which impact the technical submission of Bids 

are required. A copy of such RFI or Addendum will be posted on www.Demandstar.com . 

In the event of conflict with the original Contract Documents, Addendum shall govern all 

other Contract Documents to the extent specified. Subsequent addendum shall govern 

over prior addendum only to the extent specified. 

1.31 AWARD OF CONTRACT: 

A) A contract may be awarded to the lowest responsive, responsible Bidder(s) whose 

Bid(s), conforming to the Invitation for Bid, is most advantageous to. The lowest 

responsive, responsible Bidder(s) will be determined in conjunction with the method of 

award which is described in the Special Conditions. Tie Bids will be decided as 

described herein. 

B) Wellington shall award a contract to a Bidder through action taken by the Wellington 

Council or the Wellington Manager of the Village of Wellington, Florida. 

6


C) The General Terms and Conditions, the Special Conditions, the Technical 

Specification, and the Bidder’s Bid are collectively and integral part of the contract 

between Wellington and the successful Bidder. 

D) While Wellington may determine to award a contract to a Bidder(s) under this Request 

for Bid, said award may be conditional on the subsequent submission of other documents 

as specified in the Special Conditions. The Bidder shall be in default of any conditional 

award if any of these documents are not submitted in a timely manner and in the form 

required by Wellington. If the Bidder is in default, Wellington, through the Purchasing 

Department will void its acceptance of the Bidder’s offer and may determine to select the 

second lowest responsive, responsible Bidder or re-solicit Bids. Wellington may, at its 

sole option, seek monetary restitution from the defaulting Bidder as a result of damages 

or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a 

period of one year. 

E) Wellington reserves the right to exercise the option to renew a term contract of any 

successful Bidder(s) to a subsequent optional period; provided that such option is 

stipulated in the Special Conditions and is contained in any contract ultimately awarded in 

regard to this Bid. 

F) Wellington reserves the right to automatically extend any contract for a maximum 

period not to exceed ninety (90) calendar days in order to provide Wellington 

departments with continual service and supplies while a new contract is being solicited, 

evaluated and/or awarded, provided this is expressly made a part of any contract 

awarded in regard to this Bid. 

1.32 ASSIGNMENT: 

The contractor shall not assign, transfer, convey, sublet or otherwise dispose of any 

contract, including any or all of its right, title, or interest therein, or his or its power to 

execute such contract to any person, company or corporation without prior written 

consent of the Wellington, which consent may be withheld. 

1.33 LAWS, PERMITS AND REGULATIONS: 

The bidder shall obtain and pay for all licenses, permits and inspection fees required for 

this project; and shall comply with all laws, ordinances, regulation building code 

requirements applicable to the work contemplated herein. 

1.34 OPTIONAL CONTRACT USAGE: 

Other State agencies, and/or Governmental Entities in the State of Florida may purchase 

from the resulting contract. Contractors shall sell these commodities or services to the 

other State agencies and/or Governmental Entities in the State of Florida at the agencies’ 

and/or entities option or as otherwise provided by law. 

1.35 SPOT MARKET PURCHASES: 

It is the intent of Wellington to purchase the items specifically listed in this Bid from the 

selected bidder. However, items that are to be “Spot Market Purchased” may be 

purchased by other methods, i.e. Federal, State or local contracts. 

1.36 WARRANTIES OF USAGE: 

Any estimated quantities listed are for information and tabulation purposes only. No 

warranty or guarantee of quantities needed is given or implied. It is understood that the 

Contractor will furnish Wellington’s needs as they arise. 

1.37 PUBLIC ENTITY CRIMES: 

As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has 

been placed on the convicted vendor list following a conviction for a public entity crime 

may not submit a Bid on a contract to provide any goods or services to a public entity, 

may not submit a Bid on a contract with a public entity for the construction or repair of a 

7


public building or public work, may not submit Bids on leases of real property to a public 

entity, may not be awarded or perform work as a contractor, supplier, subcontractor or 

consultant under a contract with any public entity, and my not transact business with any 

public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY 

TWO for a period of 36 months from the date of being placed on the convicted vendor 

list. 

1.38 CONFLICT OF INTEREST AND CODE OF ETHICS: 

The award is subject to provisions of State Statutes and Wellington policies. All Bidders 

must disclose with their Bid the name of any officer, director, or agent who is also an 

employee of Wellington. Further, all Bidders must disclose the name of any Wellington 

employee who owns, directly or indirectly, an interest of 5% or more in the Bidder's firm 

or any of it's branches. 

If any Bidder violates or is a party to a violation of the code of ethics of Wellington and the 

State of Florida with respect to this Bid, such Bidder may be disqualified from performing 

the work described in this Bid or from furnishing the goods or services for which the Bid is 

submitted and shall be further disqualified from bidding on any future Bids for work or for 

goods or services for Wellington. A copy of Wellington’s and State Ethics Codes is 

available at the office of the Clerk’s Office, Wellington, 12300 W. Forest Hill Blvd., 

Wellington FL 33414. 

1.39 NON-COLLUSION: 

Bidder certifies that this offer is made without prior understanding, agreement, or 

connection with any corporation, firm or person submitting an offer for the same 

materials, services, supplies, or equipment and is in all respects fair and without collusion 

or fraud. 

No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery 

of material or provision of services. Any violation of this provision may result in the 

Contract cancellation, return of materials or discontinuation of services and the possible 

removal from the vendor Bid list(s). 

1.40 FLORIDA PUBLIC RECORDS ACT: 

All material submitted regarding this bid becomes the property of Wellington. Bids may 

be reviewed by any person ten (10) days after the public opening. Bidders should take 

special note of this as it relates to any proprietary information that might be included in 

their offer. 

Any resulting contract may be reviewed by any person after the contract has been 

executed by Wellington. Wellington has the right to use any or all information/material 

submitted in response to this bid and/or any resulting contract from same. 

Disqualification of a bidder does not eliminate this right. 

1.41 TIED BIDS: 

If applicable, in the event of an identical tied bid or proposal, preference will be given to 

local vendors. If none of the vendors are local, a public drawing of lots will be held in the 

event all apply. As defined in Purchasing Manual Section 3.7. 

1.42 CONE OF SILENCE: 

From the time of advertising until an award of the proposal, any Proposer or any of their 

representatives or agents are prohibited from any communication with Wellington 

Manager, Mayor and Council. All communication shall be restricted to the Purchasing 

Department. This does not apply to oral presentations before Selection Committees, 

contract negotiations, or public presentations made to the Wellington Council during any 

duly noticed public meeting. Violation of these provisions shall render any RFP proposal 

or RFP award by to the violator voidable. 

8


2.0 SPECIAL CONDITIONS 

Purchase and Delivery of Sports Uniforms 

Bid # 058-11/ENR 

2.1 PURPOSE: 

The purpose and intent of this invitation to bid is to secure firm pricing for the Purchase 

and Delivery of Sports Uniforms as specified herein. 

2.2 TERMS OF CONTRACT: 

The term of the contract shall be for three (3) years from date of award, and by mutual 

agreement between Wellington and the awardee(s), be renewable for two (2) additional 

one year periods. Wellington reserves the right to exercise the option to renew annually 

(subject to the appropriation of funds), not to exceed a maximum of two (2) years. 

Annual renewals will be based upon mutual agreement between Wellington and vendor, 

and by incorporating the same terms and conditions. Renewals will be by Wellington 

Council approval and a written notice from Wellington, and acceptance by the awarded 

vendor(s). The written notice will generally be provided about ninety (90) days prior to the 

contract expiration date. 

The pricing submitted for the first year of the contract will remain fixed. Upon the 

anniversary date of each renewal period, the awarded vendor may submit a requested 

price increase to the Purchasing Department in writing, ninety (90) days prior to the 

renewal period with proper justification for the increase. 

No more than one price increase will be accepted during each renewal term. Wellington 

reserves the right to accept or reject the price increase and may choose to re-bid the 

contract if it is deemed to be in the best interest of Wellington. The contract will be 

extended 90 days beyond the contract expiration date, if needed. Bidders agree to this 

extension when they sign their bid document. 

2.3 METHOD OF AWARD: 

Award of this contract shall be made to the responsive, responsible bidder(s) whose bid 

will be the most advantageous to Wellington, taking into consideration the evaluation 

factors set forth in Special Condition 2.4 below. As the best interest of Wellington may 

require, the right is reserved to make award(s) by individual item, group of items, 

all or none, or a combination thereof. The Purchasing Department or their designee 

reserves the right to use the next highest scoring bidder(s) in the event the original 

awardee of the bid cannot fulfill their contract for item(s) awarded. 

2.4 SELECTION PROCESS: 

Bids received by the submittal deadline will be reviewed by the Purchasing Department to 

determine if each Bidder has submitted the required information and met all mandatory 

requirements. Bids found to be non-responsive shall be rejected from further 

consideration. 

If applicable, scoring will be based on all factor(s) as identified in the Evaluation Criteria, 

and all other pertinent data submitted. A grand total score shall be computed by the 

adding of each score together for each item. Bidder(s) with the highest totals for each 

line item shall be the award recommendation. 

2.5 DELIVERY/PAYMENT: 

Bid prices shall be FOB destination; freight pre-paid to Wellington, Parks and Recreation 

Department, 11700 Pierson Road, Wellington, Florida 33414 and shall include any and 

all costs incurred in the performance of the work specified herein. Vendor shall provide 

commodities within 12 business days from the date the order is placed. Delivery time 

may become a basis for making an award. 

9


The supplies/materials delivered under this bid shall remain the property of the seller(s) 

until it has been physically inspected by the authorized representative of the Parks and 

Recreation Department, confirming that each item delivered is in compliance with the 

specifications of the bid. 

Payment will be made upon acceptance of each delivery as specified on the purchase 

order. Wellington will pay the contract price to the awarded distributor/vendor upon final 

completion and acceptance. 

Full payment will be made upon receipt and acceptance of a complete order(s). No down 

or partial down payments will be made. 

2.6 INSURANCE: 

Bidders must submit with their bid, proof of insurance meeting or exceeding the Following 

requirements or a letter of intent to provide the following requirements if awarded the 

contract: 

2.6.1 Worker’s Compensation Insurance – as required by law. The Village of 

Wellington will not accept filed certificates of exemption forms for 

Worker’s Compensation Insurance. 

2.6.2 Employer’s Liability Insurance - $500,000 per occurrence, $500,000 

disease policy limit, and $500,000 disease each employee 

2.6.3 General Liability Insurance - $500,000 general aggregate,$500,000 per 

person, $500,000 each occurrence and $500,000 per accident for bodily 

injury 

2.6.4 Automobile Liability Insurance for owned vehicles, non-owned vehicles & 

hired vehicles - $500,000 annual aggregate, $500,000 per occurrence, 

$500,000 per accident for bodily injury and $500,000 per accident for 

property damage 

The required insurance coverage shall be issued by an insurance 

company authorized and licensed to do business in the State of Florida, 

with the minimum rating of B+ or better, in accordance with the latest 

edition of A.M. Best’s Insurance Guide. 

The successful bidder must submit, no later than ten (10) days after 

award and prior to commencement of any work, a Certificate of 

Insurance naming the Village of Wellington as additional insured. 

2.7 CONTACT PERSON: 

For any additional information regarding the specifications and requirements of this 

proposal, contact: Emma Ramirez, Purchasing Department by e-mail at 

eramirez@wellingtonfl.gov. 

2.8 BID CLARIFICATION: 

Any questions or clarifications concerning this Bid shall be submitted in writing by e-mail 

to the Purchasing Department, 12300 W. Forest Hill Blvd., Wellington, Florida 33414. 

The bid title/number shall be referenced on all correspondence. All questions must be 

received no later than June 23, 2011. All responses to questions/clarifications will be 

posted on www.Demandstar.com the form of a RFI or addendum. NO QUESTIONS 

WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 

2.9 ESTIMATED QUANTITIES: 

Quantities stated are for bidders’ guidance only and no guarantee is given or implied as 

to quantities that will be used during the contract period. Estimated quantities are based 

upon previous needs and estimated usage for a one year period. Said estimated 

quantities may be used by Wellington for the purpose of evaluating the low bidder 

meeting specifications 

10


2.10 OCCUPATIONAL LICENSE: 

In order to provide services/products specified in this bid, a current occupational license 

issued in Palm Beach County is required. This license shall be issued for the services 

being bid herein. A photocopy of the license must be accompanied with bid. 

2.11 BID SUBMITTAL: 

All bids submitted shall include one (1) original and one (1) electronic pdf. copy (CD) for a 

total of (2) complete copies. Bids submitted shall include the completed Bid Submittal 

Form and all required product information and any other items as indicated on the Bid 

Form. Bids will be considered “Non-Responsive” if the required information is not 

submitted by the date and time specified. Before submitting bid, each bidder shall make 

all investigations and examinations necessary to ascertain if any addendums were issued 

by the Purchasing Department. 

2.12 BIDDER QUALIFICATIONS: 

In order for bids to be considered, bidders must submit with their bid, evidence that they 

are qualified to distribute the specified items indicated in the bid documents. Evidence 

shall include all information necessary to certify that the bidder; maintains a permanent 

place of business; has technical knowledge and practical experience in the type of 

materials required to be supplied in this scope of work 

2.13 LATE BIDS: 

Wellington cannot be responsible for bids received after opening time and encourages 

early submittal. 

2.14 EXCEPTIONS TO SPECIFICATIONS: 

Exceptions to the specifications shall be listed on the Bid Form and shall reference the 

section. Any exceptions to the General or Special Conditions shall be cause for the bid 

to be considered non-responsive. 

The following language is made a part hereof: 

If and whenever in the specifications of the bid of a brand name, make, name of any 

manufacturer, trade name or vendor catalog number is mentioned it is for the purposes of 

establishing a grade or quality of material only. Since Wellington and its dependant 

district do not wish to rule out other competition and equal brands or makes, the phrase 

“OR EQUAL” is added. However, if a product other than that specified is proposed, it is 

the vendor’s, or bidder’s responsibility to name such product within his, her or its bid and 

to prove to Wellington that said product is equal to that specified and to submit 

brochures, samples, and or specifications in detail on item(s) submitted. Wellington shall 

be the sole judge concerning the merits of the bid submitted. 

2.15 ACCEPTANCE: 

Delivery of the unit(s) to Wellington does not constitute acceptance for the purpose of 

payment. Final acceptance and authorization of payment shall be given only after a 

thorough inspection indicates that the unit(s) meets contract specifications and 

conditions. The unit(s) will be inspected and accepted by the using Department. Unit(s) 

must be in conformance with the specifications and that the engineering materials and 

workmanship exhibit a level of quality and appearance consistence with or exceeding 

industry standards. 

It will be the responsibility of the successful bidder to pick up any unit(s) found 

unacceptable. After notification, the successful bidder will have five (5) working days to 

respond and make the necessary arrangement to pick up unit(s), and to redeliver same in 

five (5) working days after date of pick up. Units not in compliance with bidder 

specifications are not eligible for, or considered delivered until corrections have been 

accomplished and in compliance. 

2.16 REFERENCES: 

Each distributor/supplier must provide to Wellington with their bid a list of references that 

11


your firm has supplied fill materials to over the past three years. References must include 

name of reference, contact person, address, phone and fax number and e-mail address. 

2.17 CATALOG PRICING: 

In addition to the line items specified herein, bidder shall indicate on the Catalog Pricing 

Form all catalog names and numbers that they will be supplying to Wellington, along with 

the percentage off discount that will be allowed for each catalog/manufacturer. 

The percentage off discount that the bidder submits shall remain firm for the term of 

the contract and any renewals thereafter. Bidder must submit copy of catalog being 

bid and manufacturer’s catalog wherever applicable with bid or within five days upon 

request. 

Catalog prices must remain in effect for one year from date of issuance of the Catalog. If 

or when a new catalog is published, awarded vendor(s) shall notify Wellington and 

provide copies of current catalogs and/or computer disks to Wellington’s using 

departments. Bidder may specify more than one catalog name and number on the 

Catalog Pricing Form. 

2.18 COMPLIANCE WITH OCCUPATIONAL SAFETY HEALTH ACT: 

Contractor certifies that all material, equipment, etc. contained in his bid meets all 

O.S.H.A. requirements. Contractor further certifies that if he is the successful Contractor, 

and the material, equipment, etc., delivered is subsequently found to be deficient in any 

O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the 

material, equipment, etc. into compliance with the aforementioned requirements shall be 

borne by the Contractor. 

In compliance with Chapter 442, Florida Statutes, any item delivered from a contract 

resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). 

The MSDS must include the following information: 1.The chemical name and the 

common name of the toxic substance. 2. The hazards or other risks in the use of the toxic 

substances, including: (a) The potential for fire, explosion, corrosivity and reactivity; (b) 

The known acute and chronic health effects of risks from exposure, including the medical 

conditions which are generally recognized as being aggravated by exposure to the toxic 

substance; and (c) The primary routes of entry and symptoms of overexposure. (3) The 

proper precautions, handling practices, necessary personal protective equipment, and 

other safety precautions in the use of or exposure to the toxic substances, including 

appropriate emergency treatment in case of overexposure. (4) The emergency procedure 

for spills, fire, disposal and first aid. (5) A description in lay terms of the known specific 

potential health risks posed by the toxic substances intended to alert any person reading 

this information. (6) The year and month, if available, that the information was compiled 

and the name, address and emergency telephone number of the manufacturer 

responsible for preparing the information. 

2.19 NO SUBSTITUTION COMPONENTS: 

When NO SUBSTITUTION is used in combination with a manufacturer’s name, brand 

name and/or model number, that named item is the only item that will be accepted by 

Wellington. 

12


Schedule of Values and Bid Pricing Form 

Please note: 

When submitting Bid pricing, bidder must enter unit cost and extended total in the spaces 

provided on this bid pricing form. Multiply your Unit Price times the quantities in the Estimated 

Quantity Column. 

Est. 

Item # Sport 

Order 

1 Camp Counselors 150 

Unit Price for Each 

Extended 

Total 

2 Boys Basketball 550 

3 Girls Basketball 250 

4 Micro Soccer 900 

5 Adult Softball 120 

6 Girls Softball 500 

7 Softball caps 150 

8 Softball Visors 400 

9 

Miscellaneous volunteer 

coaches 600 

10 Volleyball 150 

11 Lacrosse Pro 70 

12 Lacrosse Prep (coed) 60 

13 Little League Shirts 1700 

14 Little League Youth Hats 1300 

15 Little League Adult Hats 400 

16 Little League All-Star Shirts 150 

17 

Little League All-Star Hats 

(youth) 120 

18 

Little League All-Star Hats 

(adult) 30 

19 Little League All-Star Pants 120 

20 Little League All-Star Socks 120 

21 Little League All-Star Belt 120 

Please refer to page 14 for item/commodity descriptions. All quoted pricing shall include setups changes, 

shipping, freight etc. In the event Wellington requires add-ons and/or replacements (additional uniforms or 

additional teams), vendor shall provide uniforms at quoted price. In the event Wellington only requires 

specific additional and/or replacement items from a uniform set, item fee shall not be the fee of a uniform set. 

Where No - Substitute is indicated, bidder must bid manufacturer specified (See Special condition 2.19). 

13


Item # 

Specifications/Description 

1 100% heavy cotton T-shirt. One color screen printing on front. 

2 

3 

Don Alleson 570R reversible mesh tank or equivalent. Single color screen printing sponsor logo on front 

(different sponsor for each team) and 6" number on one side of back. 

Don Alleson 570R reversible mesh tank or equivalent. Single color screen printing sponsor logo (different 

sponsor for each team) on front and 6" number on one side of back. 

4 Heavyweight 50/50 T-shirt. 6" number on back and screen printed on front. 

5 100% heavy cotton T-shirt. One color screen printing per Wellington direction on front. 

6 

Heavyweight 50/50 T-shirt. 6" number on back and screen printed on front with sponsor logo (different 

sponsor for each team). 

7 PFX-120 mesh hat or equivalent with raised lettering. 

8 DKV-150 oudoor visor or equivalent with raised lettering. 

9 Heavyweight 50/50 T-shirt. Screen printed on front. 

10 

11 

Eagle T5008A V-neck shirt with trim or equivalent. Screen print sponsor logo on front (different sponsor 

for each team) with 6" numbers on back. 

Yale Sportswear women's reversible tank 1043 or equivalent. Screen printing sponsor logo on front 

(different sponsor each team) and 6" number on both sides of back. 

12 Heavyweight 50/50 T-shirt. One color screen printing on front and 6" number on back. 

13 

Moisture wicking/Dry Fit Dry Fit shirt in multiple colors (Augusta #791/790 or equivalent. One color 

printing on front Wellington Little League (design to be determined) and team name. 6" numbers printed 

on back. Little League patch sewn to sleeve. 

14 Major League or Minor League replica or equivalent, multiple colors, cotton twill adjustable. 

15 Major League or Minor League replica or equivalent, multiple colors, cotton twill adjustable. 

16 

Augusta, 2 button, 596 or equivalent in multiple colors. 2 color screen printing on front Wellington Little 

League (design to be determined) and one color 6" number on back. Little League patch sewn to sleeve. 

17 Richardson or equivalent adjustable with raised two color letter "W" stitched on front. 

18 Richardson or equivalent adjustable with raised two color letter "W" stitched on front. 

19 Easton pants - pro plus piped or equivalent. 

20 Twin City socks OBY, OBR or equivalent 

21 Twin City belt or equivalent. 

14


CATALOG PRICING 

Please indicate in the spaces provided Catalog/Manufacturer Name, Catalog 

Numbers, Catalog Expiration Dates and Percent Discount. 

Bid #058-11/ENR 

CATALOG NAME/ 

MANUFACTURER 

CATALOG 

NUMBER 

EXPIRATION 

DATE OF 

CATALOG 

PERCENTAGE 

DISCOUNT 

ALL CONTRACTORS MUST INDICATE PERCENTAGE OFF LIST PRICE FOR BALANCE OF LINE 

CATOLOG______% 

All deliveries will be made by Common Carrier ONLY. Yes_________ No___________ 

If you checked NO in the question above see Special Condition 2.7 and submit proper insurance 

documentation 

Delivery will be made within _______ calendar days after receipt of purchase order. 

15


DRUG FREE WORKPLACE 

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids 

which are equal with respect to price, quality, and service are received by the Village for the procurement 

of commodities or contractual services, a Bid 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 Bids will be followed if none of the tied vendors have a drug-free workplace 

program. In order to have a drug-free workplace program, a business shall: 

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that 

will be taken against employees for violations of such prohibition. 

2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of 

maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 

assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 

3. Give each employee engaged in providing the commodities or contractual services that are under Bid 

a copy of the statement specified in subsection (1). 

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on 

the commodities or contractual services that are under Bid, the employee will abide by the terms of the 

statement and will notify the employer of any conviction of, or plea of guilty or novo contender 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. 

Signature:______________________________ 

16


BID CHECK LIST 

Please check each item and make sure that all required information is included in your Bid submission. 

Failure to submit this information may result in your submission being rejected as being a non responsive 

and responsible Bid. 

YES___ NO___ 1. 

YES___ NO___ 2. 

YES___ NO___ 3. 

YES___ NO___ 4. 

YES___ NO____ 5. 

YES___ NO___ 6. 

YES___ NO___ 7. 

YES___ NO___ 8. 

(1) Original and (1) electronic copy of Executed Bid 

Proof of Ability to Obtain Insurance 

Bid Submittal Form 

Authorized Representative Signature 

References with Contact Information 

Copy of Occupational License 

Vendor Representative Contact information 

Drug Free Workplace Form 

17


AREA REPRESENTATIVE DOCUMENT 

Company Name______________________________________ 

Area Representative___________________________________ 

Representative Responsible for Account___________________ 

Company Address____________________________________ 

City/Zip Code_______________________________________ 

Telephone Number___________________________________ 

Customer Service Number____________________________ 

Fax Number_______________________________________ 

Cell Number_______________________________________ 

Emergency number__________________________________ 

E-Mail Address_____________________________________ 

18


REFERENCES 

As specified in the Standard Terms and Conditions of this Bid Document, Bidders are to present the 

details of a minimum of three (3) references of similar work. (Additional references may be submitted on a 

separate sheet in this format) 

Company Name: 

Address: 

COMPANY NAME, ADDRESS, CITY, STATE, ZIP 

PHONE & FAX NUMBER AND E-MAIL ADDRESS 

Contact Name: 

Phone: 

E-MAIL ADDRESS 

Fax: 

Company Name: 

Address: 

Contact Name: 

Phone: 


Fax: 

Company Name: 

Address: 

Contact Name: 

Phone: 


Fax: 

19



BID OPENING DATE: June 29, 2011 

BID OPENING TIME: 2:00 PM(local time) 

ITB #058-11/ENR 

"Offers from the vendors listed herein are the only offers 

received timely as of the above receiving date and time. 

All other offers submitted in response to this solicitation, 

if any, are hereby rejected as late" 

VENDORS 

Original and one (1) PDF 

Bid Acknowledgment Cover Sheet 

Acknowledgment of Addendum 1 



Bid Submittal Form 

Schedule of Value 

Questionnaire 

Drug Free Workplace 

Sworn Statement under 

Section 287.133(3) (a) 

Wellington Local Preference 

Insurance Certificates 

Copy of Appropriate Licenses 

Scotty's Sport Shop 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Scotty's Sport Shop 

Item Number and Sport Quantity Unit Cost Extended Cost 

1 - Camp Counselor 150 6.00 $ 

900.00 

2 - Boys Basketball 800 Y-11.95 and A-13.95 $ 

9,560.00 

3 - Girls Basketball 800 Y-8.50 and A-8.95 $ 

6,800.00 

4 - Micro Soccer 900 6.95 $ 

6,255.00 

5 - Adult Softball 120 5.95 $ 

714.00 

6 - Girls Softball 500 7.50 $ 

3,750.00 

7 - Softball caps 150 4.95 $ 

1,980.00 

8 - Softball Visors 400 4.50 $ 

1,800.00 

9 - Miscellaneous Volunteer Coaches 600 5.95 $ 

3,570.00 

10 - Volleyball 150 15.95 $ 

2,392.50 

11 - Lacrosse Pro 70 13.95 $ 

976.50 

12 - Lacrosse Prep (Coed) 60 7.50 $ 

450.00 

13 - Little League Shirts 1700 Y-8.95 and A-9.95 $ 15,215.00 Sleeve - 1.50-2.00? 

14 - Little League Youth Hats 1300 7.20 $ 

9,360.00 

15 - Little League Adult Hats 400 7.20 $ 

2,880.00 

16 - Little League All-Star Shirts 150 Y-18.50 and A-18.95 $ 

2,775.00 

17 - Little League All-Star Hats (Youth) 120 16.95 $ 

2,034.00 

18 - Little League All-Star Hats (Adult) 30 17.95 $ 

538.50 

19 - Little League All-Star Pants 120 Y-24 and A-29 $ 

2,880.00 

20 - Little League All-Star Socks 120 3.95 $ 

474.00 

21 - Little League All-Star Belt 120 4.95 $ 

594.00



6. F 



AGENDA ITEM NAME: AUTHORIZATION TO UTILIZE THE CLAY COUNTY CONTRACT WITH 

MUSCO SPORTS LIGHTING FOR LIGHTING UPGRADES AT VILLAGE PARK AND 

WELLINGTON COMMUNITY PARK FACILITIES 





No 

FIRST READING 


REQUEST: Authorization to utilize the Clay County contract with Musco Sports Lighting for lighting 

upgrades at Village Park and Wellington Community Park facilities. 

EXPLANATION: Lighting improvements are required for fields’ number 8A and 8B at Village Park 

and field number 1 at the Wellington Community Park. The lighting improvements also provide an 

energy savings of more than 50% over a standard lighting system and includes a warranty and 

maintenance program. The total cost of improvements is $256,331. 

Clay County awarded a contract (RFP #08/09-3) for parks and playground equipment and amenities 

to multiple vendors. Musco Sports Lighting was the sole bidder and awardee for the sports lighting 

portion of the contract. The initial term of the contract is for three (3) years effective through January 

2012 with a provision for two (2) one (1) year renewals. 

Wellington direct-purchased and installed Musco Sports Lighting at all lighted park facilities after 

Hurricane Jeanne as a standardization and hazard mitigation measure. As such, to install sports 

lighting from another manufacturer and corresponding control system would not be cost effective. 

Staff is proposing the use of the Clay County contract with Musco Sports Lighting. 


FISCAL IMPACT: Funds have been allocated in the 2011 Parks Capital Maintenance budget. This 

project is included within these budgeted funds. 


RECOMMENDATION: Authorization to utilize the Clay County contract with Musco Sports Lighting 

for lighting upgrades at Village Park and Wellington Community Park facilities.


BOARD OF COUNTY COMMISSIONERS 

CLAY COUNTY, FLORIDA 

REQUEST FOR BID 

VARIOUS EQUIPMENT AND AMENITIES FOR PARKS 

AND PLAYGROUNDS, CLAY COUNTY, FLORIDA 

PARKS, RECREATION & SPECIAL EVENTS DIVISION 

RFP No. 08/09-3 

Due Date: Monday, December 1, 2008 - 4:00 pm 

Open Date: Tuesday, December 2, 2008 -1:00 pm 

Issued By: 

Donna Fish 

Clay County Board of County Commissioners 

Purchasing Division


TABLE OF CONTENTS 

Various Equipment and Amenities for Parks and Playgrounds 

Invitation .............................................................................................................................3 

Request for Bid Advertisement ....................................................................................... 4-6 

Request for Bid Instructions ........................................................................................... 7-8 

Insurance Requirements ................................................................................................ 9-10 

Bid Specification .......................................................................................................... 11-15 

Bid Forms…….………………………………………………………………………16-19 

Procedures for Bid Openings ...................................................................................... 20-34 

Attachments: 

No Bid Statement 

Form W-9


BOARD OF COUNTY COMMISSIONERS 

Fritz A. Behring 

County Manager 

www.claycountygov.com 

CLAY COUNTY 

Purchasing Division 

P.O. Box 1366, 477 Houston St 

Green Cove Springs, FL 32043 

904-278-3761Fax:904-278-3728 

Dear prospective bidder: 

You and your firm are cordially invited to submit a bid in accordance with the attached 

instructions and specifications for: 

RFP # 08/09-3, Various Equipment and Amenities for Parks and Playgrounds, 

Clay County, Florida 

Interested Vendors may contact me for clarification, by phone at (904) 278-3761 or e- 

mail at donna.fish@co.clay.fl.us with any questions about this bid. All prospective 

bidders are hereby instructed NOT to contact any member of the Elected Officials, 

County Manager, or other County employees for meetings, conferences or technical 

discussions related to the bid. 

To remain on our active bidders list, you should reply in writing with a written quote or a 

“NO BID” response. 

Sincerely, 

Donna Fish 

Buyer 

Clay County Purchasing Division 

/df 

Att. 

Complete Bid Pack which includes: 

Bid Instructions 

Bid Specifications 

Bid Forms 

Extract(s) from Clay County Purchasing Manual 

No Bid Statement 

W-9 Form


REQUEST FOR PROPOSALS 

NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., 

Monday, December 1, 2008, at the Clay County Administration Building, Purchasing 

Department, 4th floor, 477 Houston Street, Green Cove Springs, Florida 32043, for the 

following: 

RFP NO: 08/09-3, Various Equipment and Amenities for Parks and Playgrounds, 

Clay County, Florida. 

Bids will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, 

December 2, 2008 in the Clay County Administration Building, Conference Room “B”, 

fourth floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the 

Purchasing Department staff, and/or the Clerk or Deputy Clerk and all other interested 

persons. 

The opened bids will be read aloud, examined for conformance to specifications, 

tabulated, and preserved in the custody of the Purchasing Department. The Finance 

Committee of the Board will present its recommendations to the Board of County 

Commissioners at its meeting of December 23, 2008, or as soon thereafter as possible. 

Bids will not be valid unless received by the proposal deadline and in a sealed 

envelope marked “Sealed Bid, RFP No. 08/09-3, Various Equipment and Amenities 

for Parks and Playgrounds, Clay County, Florida”, to be received until 4:00 P.M., 

Monday, December 1, 2008. 

Envelopes are to be mailed or delivered in person to the above address. 

All prospective Bidders are hereby instructed NOT to contact any member of the Elected 

Officials, County Manager or County Employees for meetings, conferences or technical 

discussions related to the Bid. Unauthorized contact with Elected Officials, County 

Manager or County personnel may result in rejection of the Vendor’s Bid. All 

communications with the County regarding this Bid should be directed to: Donna Fish, 

Buyer, Clay County Purchasing Department, 477 Houston Street, Green Cove Springs, 

FL 32043, 904-278-3632or by email: donna.fish@co.clay.fl.us 

The County reserves the right to waive formalities in any bid, to reject any or all bids 

with or without cause, including the lack of availability of adequate funds, regulatory 

agency requirements, and/or to accept the bid that, in its judgment, will be in the best 

interest of the County of Clay.


. 

FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO 

AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED 

ON THE INTERNET AT: 

www.claycountygov.com/Departments/Purchasing/decision_bids.htm. THIS WEB PAGE 

CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: 

www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER 

THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER 

NOTICE WILL BE POSTED. 

PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE 

SEALED BID ENVELOPE, A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER 

THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE 

FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING 

WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N)., OF SAID 

POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID 

SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND 

TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S 

PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE 

APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. 

IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID 

BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE 

INQUIRY. 

A person or affiliate who has been placed on the convicted vendor list following a 

conviction for a public entity crime may not submit a bid on a contract to provide any 

goods or services to a public entity, may not submit a bid on a contract with a public 

entity for the construction or repair of a public building or public work, may not submit 

bids on leases of real property to a public entity, may not be awarded or perform work as 

a contractor, supplier, subcontractor, or consultant under a contract with any public 

entity, and may not transact business with any public entity in excess of the threshold 

amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a 

period of 36 months from the date of being placed on the convicted vendor list. 

________________________ 

Fritz A. Behring 

County Manager 

--------------------------------------------END OF NOTICE-----------------------------------------


(CLAY TODAY) For Publication on November 6, 2008 

(CLAY COUNTY LEADER) For Publication on November 6, 2008 

PLEASE SEND ORIGINAL INVOICE AND OF PROOF OF PUBLICATION TO: 


Purchasing Department 

P.O. Box 1366 

Green Cove Springs, Florida 32043 

ATTENTION: Donna Fish


REQUEST FOR BID INSTRUCTIONS 

RFP NO. 08/09-3 Various Equipment and Amenities for Parks and Playgrounds, 

Clay County, Florida 

1. All Sealed proposals submitted shall be received by the Purchasing Department, 

Clay County, Florida. 

A. Bids submitted by mail should be addressed to: 



Attn: Donna Fish 

P O Box 1366 


B. Bids submitted in person will be received at: 

Clay County Administrative Building 

477 Houston Street 

Fourth Floor, Purchasing Department 


THREE paper copies of the bid package shall be submitted, IN WRITING, AND 

SEALED in an envelope. All requested bid information, proof of liability insurance 

in the minimum amount of $1,000,000.00, bids and performance data, and form W-9 

taxpayer identification number and certification shall be included with all responses 

submitted. 

2. The words “RFP #08/09-3, Various Equipment and Amenities for Parks and 

Playgrounds, Clay County, FL” shall be clearly marked on the front and 

back of the envelope containing the proposals. 

3. Bids will be received by mail or in person until 4:00 p.m., Monday, December1, 

2008 and will be opened after 1:00 p.m., on Tuesday, December 2, 2008 in the 

Clay County Administration Building, 477 Houston Street, Conference Room “B”, 

Fourth Floor, Green Cove Springs, Florida. Proposals will be reviewed by Clay 

County as soon thereafter as possible. 

A. All bids will be “clocked” at the time they are received to indicate the time 

and date of receipt. Bids WILL NOT be accepted in person after the time 

and date specified. 

B. Bids received by mail WILL NOT be accepted if they are received after the 

Time and date specified regardless of the postmark or circumstances. 

4. All prospective bidders are hereby instructed NOT to contact any member of the 

Elected Officials, County Manager or County Employees for meetings, 

conferences or technical discussions related to the bid. Unauthorized contact with


Elected Officials, County Manager or County personnel may result in rejection of 

the Vendor’s bid response. For information concerning procedures for 

responding to this Bid, contact Purchasing Buyer, Donna Fish at (904) 278-3761 

or by e-mail to donna.fish@co.clay.fl.us. For all technical questions contact 

Parks, Recreation & Special Events, Tom Price at (904) 269-6378. 

Written inquiries/questions must be received by November 20, 2008 

5. Each firm receiving an invitation should reply as noted above or reply with a 

written “NO RESPONSE.” Either action will keep the firm on the appropriate 

active Professional Services list. Three (3) failures to respond to solicitations may 

result in deletion from the solicitation list. 

6. If submitting proposals as a certified minority business enterprise as defined by 

the Florida Small and Minority Business Assistance Act of 1985, please include 

documentation of same. 

7. Any firm affected adversely by Clay County’s decision shall file with the Clay 

County Board of County Commissioners a Notice of Protest in writing within 72 

hours after the posting of the selected vendor. Failure to file a written notice of 

Protest shall constitute a waiver of proceedings under Chapter 120.57(3)(a)(3) 

(Administrative Procedures Act), Florida Statutes. 

8 The Board of County Commissioners of Clay County, Florida, reserves the right 

to waive formalities in any response, to reject any or all responses with or without 

cause, including the lack of availability of adequate funds, regulatory agency 

requirements, and/or to accept the response(s) that, in its judgment, will be in the 

best interest of the County of Clay. 

9. Indemnification Statement: The awarded vendor must agree to defend, protect, 

indemnify and hold harmless the County and all its principals, employees, 

officers, agents and servants (collectively, the Indemnitees), from and against any 

and all suits, claims, demands, liabilities and costs and all damages, including 

reasonable attorney’s fees and court costs, asserted against the Indemnitees or any 

of them by reason of injury to the persons or property of others, including any 

Participant, which is caused by the fault, acts, omissions or comparative 

negligence, whether active or passive, attributable the performance of its duties 

and obligations under this Agreement, or to any of the employees, officers, agents 

or servants, or to any subcontractor of the firm. The vendor’s obligations under 

this paragraph shall also apply to actions by third parties performed on behalf of 

the firm pursuant to this Agreement. 

10. The successful bidder(s) shall extend these prices to the City of Green Cove 

Springs, Town of Orange Park, City of Keystone Heights, Town of Penny 

Farms, and the Clay County Board of Public Instruction upon the written request 

of the using agency.


Contractor’s Insurance Requirement: 

1. Any Contractor submitting a bid for any public works project must include, 

within its initial bid response, proof of the following insurance, in effect 

continuously from the date of submittal through the 60 days subsequent to the 

scheduled bid opening date: 

a. Commercial General Liability 

1. General Aggregate $1,000,000 

2. Products and Completed Operations Aggregate $1,000,000 

3. Personal and Advertising Injury $1,000,000 

4. Each Occurrence $1,000,000 

5. Fire Damage (any one fire) $ 50,000 

6. Medical Expense (any one person) $ 5,000 

b. Automobile Liability 

1. Any automobile-Combined bodily injury/ 

property damage, $1,000,000 

With minimum limits for all additional 

coverages as required by Florida law 

c. Workers Compensation/Employers Liability 

1. Workers Compensation statutory limits 

2. Employers Liability 

a. Each Accident $ 100,000 

b. Disease-Policy $ 500,000 

c. Disease-Each Employee $ 100,000 

d. Professional Liability 

1. When required by contract-per occurrence $1,000,000 

2. Upon being awarded the bid, the contractor must provide proof that such 

insurance will be in effect from the date of commencement of the project. The 

contractor will maintain insurance coverage at the above-prescribed levels 

through the date of completion of the project and that coverage will include all 

independent contractors and subcontractors. Either prior to or simultaneously 

with the execution of the contract, the successful bidder must deliver certificates 

of insurance for the required insurance coverages to the County naming “Clay 

County, a political subdivision of the State of Florida; The Board of County 

Commissioners, Clay County, Florida; and all public agencies of Clay county, as


their interests may appear” as “Additional Insureds.” Said certificates of 

insurance shall also include a thirty day prior written notice of cancellation, 

modification or non-renewal to be provided to the County. 

3. The Board reserves the right to waive, raise or lower the minimum coverages 

required for particular projects prior to bid solicitation by affirmative action. The 

Board will not waive any defects in a bid submittal pertaining to matters under 

this subsection.


Bid Specifications for Price Agreement Contract 


Clay County Division of Parks, Recreation and Special Events 

SCOPE: 

The purpose of this bid invitation is to establish a firm, fixed percentage discount from manufacturer’s and/or 

bidder’s current catalog/supply/product information price list for the purchase of various equipment and 

amenities for parks and playgrounds as requested by the Clay County Division of Parks, Recreation and 

Special Events. Additionally, this bid invitation shall also establish a firm, fixed percentage of 

manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above 

requested discount for purchase, for the installation of various equipment and amenities for parks and 

playgrounds as requested by the Clay County Division of Parks, Recreation and Special Events. It is 

understood that bidder’s current catalog/supply/product information price list are subject to change; 

however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation 

above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, 

the catalogs must be submitted separately from any other catalog offered by the bidder. This bid is also a 

means for qualifying vendors for Ball Park lighting services. Qualifying vendors will be requested to provide 

pricing on a project by project basis as defined in the method of ordering section of this bid. The qualified 

vendor providing the lowest responsive quote will be awarded the project. 

RESPONSIBILITY: 

Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and 

installation, of various equipment and amenities for parks and playground equipment ordered, unless 

otherwise specified by the County. The County may elect, in certain circumstances, to purchase only 

materials and have those materials installed by others (e.g., volunteers). These items will be shipped to a 

designed location and off-loaded by the bidder or bidder’s representative. 

QUALIFICATION OF INSTALLERS: 

If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub-contracted 

installer must be included with their bid. Additionally, the bidder must supply WRITTEN 

FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub-contracted installer, is an 

authorized installer, certified to install various equipment and amenities for parks and playground equipment 

as required by each manufacturer. Failure to complete this requirement of the bid proposal may result in the 

rejection of their bid. 

COMPLIANCE WITH SPECIFICATIONS: 

Bid only on items that meet specifications. Bid only a single offering for each bid item. Do not bid multiple 

offering or “alternates.” All corrections will be initialed. Bid only new, unused material. 

CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: 

Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product 

information price list as well as current MSRP list for each catalog submitted. All catalogs and/or MSRP lists


shall clearly identify the bid number and the bidder’s name, address and telephone number. Additionally, 

each bidder awarded an option year renewal of this contract will submit, at no charge, two (2) sets of each 

then current catalog/supply/product information price list as well as current MSRP list for each catalog 

submitted, within 30 days of award of an option year renewal. 

COMPLIANCE WITH LAWS AND CODES: 

Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet 

all State and Federal safety regulations. The following publications (issue in effect on date of invitation to 

bid) shall form a part of this specification: 

A. American Society for Testing and Materials (ASTM): 

ASTM-F1487 

Standards – Methods of testing Playground Equipment for 

Public Use. 

ASTM-F1292 Standards - Method for testing various surfacing materials to 

determine their “critical height” (the fall height below which a 

life threatening head injury would not be expected to occur) 

Copies may be obtained from the - American Society for Testing and Materials 

100 Barr Harbor Drive 

West Conshohocken, PA 19428 

B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground 

Safety. 

Copies may be obtained from the - US Consumer Product Safety Commission 

4330 East West Highway 

Bethesda, MD 20814 

(301) 504-7923 

C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries 

on playgrounds. 

Copies may be obtained from the - National Recreation and Park Association 

22377 Belmont Ridge Road 

Ashburn, VA 20148-4150 

(703) 858-0784 

D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for 

Accessible Design, issued by the Department of Justice. 

Copies may be obtained by calling (800) 514-0301 

Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items 

supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon 

completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the 

County a certificate so stating the equipment /surfacing and its installation meet all Federal and 

State requirements as outlined in the above publications.


Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient 

in any if the aforementioned requirements in effect on date of delivery, all costs necessary to bring the 

product(s) and installation into compliance shall be borne by the bidder. 

AWARD: 

Performance and payment bonds may be required for specific projects. This requirement is driven by the 

size and price of each particular job. Vendors will be required to meet this requirement before receiving a 

purchase order for the project. Multiple awards will be made to any and all responsive bidders. There is no 

guarantee any purchase order will be issued after award. Purchase orders will be issued subject to 

availability of funds. 

INVOICING: 

Invoices may be issued once supplies are shipped, delivered and/or installed to the county’s satisfaction. At 

a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of 

Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment 

terms are Net 45 days per the Local Government Prompt Payment Act. 

TERMS OF CONTRACT: 

The Price Agreement Contract for various equipment and amenities for parks and playgrounds will be three 

(3) years, with two (2) one (1) year renewal options. 

Renewal options are at the discretion of the County based on the successful bidder(s) performance and 

adherence to the terms, conditions, and requirements in maintaining firm percentages(s) for the following 

year(s), within 30 days of contract expiration. All percentages will remain firm for the following years, within 

30 days of contract expiration. 

STATE CONTRACTS: 

The County is entitled to purchase from contracts established by the State of Florida. Should the State 

establish a contract for items on this bid, the County reserves the right to cancel this contract in whole or in 

part and purchase those item(s) from the State Contract, if in its best interest. 

METHOD OF ORDERING: 

The County may generate a Request for Quotation (RFQ), on an “as needed” basis, for park and 

playground equipment, ball field lighting and additional services for individual projects, together with a 

request for additional services required to complete that project (see attached RFQ sample sheet). The 

County reserves the right to send such RFQ to any or all awarded bidders. The RFQ can define the project 

exactly or the RFQ can describe a desired end result, allowing the bidder to design the park or playground 

site. 

After generating a RFQ for a project, and before bidder’s submission of its quotation in response to the 

RFQ, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize


the bidder (s) with the site and determine additional services that may be required to complete the project. 

Bidders will be responsible for the accuracy of all fixed measurements. 

The bidder’s quotation in response to the RFQ must contain each of the following: 

• A detailed breakdown of the cost for the entire project. Descriptions of additional services required, 

together with their price, shall also be listed. 

• Names of any and all subcontractors on the project, together with their designated work and costs. 

It is understood the bidder remains responsible for project completion and acceptance by the 

County. The County reserves the right to reject any quotation in response to an RFQ if said 

quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the 

proper performance of an award or failed to deliver on time contracts of a similar nature, or who is 

not in a position to perform properly under this award. 

• A date certain by which the project must be completed. 

• Include an updated catalog, if needed and updated MSRP lists for the park and play equipment 

specifically quoted. 

The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at 

the sole discretion of the County. The County reserves the right to not award to any, or to go outside the 

contract at lower prices. 

PROMOTIONAL PRICING: 

During the contract period, bidders will extend any pricing offered on a “promotional” basis from the 

manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are 

or will be offered at lower prices. 

SUPERVISION: 

A bidder’s job supervisor/representative will be on the work site at all times and be thoroughly 

knowledgeable of the materials, job requirements, plans, specifications and installation functions. 

JOB COMPLETION: 

Bidder/contractor/installer will be responsible for all materials received and signed for from date of order to 

completion of job installation. 

Bidder/installer will be responsible for clean up and removal of all debris resulting in job completion, leaving 

work site in neat and orderly fashion at the end of each workday. Additionally, bidder/installer will be 

responsible for restoring the work site to its original condition at the completion of the project. 

RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: 

The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way 

affected by the work being performed. This applies to private property and all utilities which may exist within 

the work area. Any damage occurring to such items by bidder shall be immediately repaired or replaced to 

a condition at least equal to that which existed prior to the damage. All costs incurred for repair or 

replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder 

within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall 

be paid by the bidder or deducted from their invoice.


VIOLATIONS/DEFAULT: 

In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written 

notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves 

the right to terminate any contract at any time due to any violation. 

In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all 

remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by 

bidder and County may result in no further awards being made to such bidder under this Price Agreement 

Contract. 

GENERAL CONDITIONS: 

Signature on bid form verifies that the bidder is acquainted with the general conditions contained herein and 

will comply with all specifications, terms and conditions contained in this bid invitation. 

INSURANCE/WORKER’S COMPENSATION: 

The contractor shall take out and maintain during the life of this agreement, worker’s compensation 

insurance for all of his employees connected with the work of this project and in case any work is sublet, the 

contractor shall require the subcontractor similarly to provide worker’s compensation insurance for all of the 

latter’s employees unless such employees are covered by the protection afforded by the contractor. Such 

insurance shall comply fully with the Florida Worker’s Compensation Law. In case any class of employees 

engaged in hazardous work under this contract at the site of the project is not protected under the worker’s 

compensation statute, the contractor shall provide, and cause each sub-contractor to provide, adequate 

insurance, satisfactory to the purchaser, for the protection of his employees not otherwise protected. The 

awarded vendor must submit a copy of an insurance certificate naming the County as an additional insured 

with the following verbiage placed on the certificate no later than ten (10) days after the award has been 

made. “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, 

Clay County, Florida; and all public agencies of Clay County, as their interest may appear.” Additional 

insurance requirements as listed on pages 24-25 apply. 

COOPERATIVE PURCHASES: 

This is a cooperative purchase contract. State law allows any government agency and any accredited 

school in the state to buy off this contract without going to bid, as long as it does not conflict with any of their 

local regulations.


Bidder: 

Address: 

City, State and Zip: 

Bid Form 

Price Agreement Contract For 

Park and Playground Equipment 

Bid No. 08/09-3 

Phone: 

Email: 

Contact Name(s): 

Signature of Bidder 

MANUFACTURER CATALOGS: 

Manufacturer: 

Fixed Percentage Discount off MSRP: 

Installation (Fixed Percentage of cost after discounts of equipment): 

Manufacturer: 



Manufacturer: 



Manufacturer: 


Installation (Fixed Percentage of cost after discounts of equipment):


SUB-CONTRACTOR EQUIPMENT INSTALLERS: 

Business Name: 

Address: 

Phone Number: 

Contact Name: 


Address: 

Phone Number: 

Contact Name: 


Address: 

Phone Number: 

Contact Name: 

Note: Attach vendor/manufacturer WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor 

installer(s), as an authorized installer certified to install park and playground equipment as required by each 

manufacturer. Failure to comply with this provision may result in rejection of bid.


WARRANTY INFORMATION FORM 

MAKE AND MODEL OF EQUIPMENT PROPOSED: 

Is there a warranty on the equipment proposed? 

Yes 

No 

Does the warranty apply to ALL components or only part? (State Explicitly) 

Parts Warranty Period: 

Service Warranty Period: 

Nearest source for parts and/or service center (s): 

Name, address and phone number of the authorized service center (s): 

1) 

2) 

3) 

Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) 

COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: 

Yes 

No 

Name of Bidder: 

Signature 

Title 

Phone Number 

*Warranty period must meet or exceed the warranty conditions as stated in the specifications on the bid* 



Contract #


Description of Project: 

Request for Quotation 

A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled 

for at . 

Price Quotation: 

Manufacturer 

Item and Page 

Number 

Quantity MSRP Unit Price Contract 

Discount 

Extended Price 

Additional Services Required: 

Description Quantity Unit Price Extended Price 

Total: $ 

List any Subcontractors: 

1. Name 

2. Address 

3. Telephone Number 

4. Contact Name 

5. Designated Work 

6. Subcontractor Cost


CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS 

(A) Purpose: The purpose of this chapter is to specify procedures for the 

submittal, receipt, opening and recording of all formal bids required by all of 

the various laws, ordinances, and other procedures and manuals governing 

the solicitation and awarding of public bids in Clay County, Florida, 

including but not limited to: 

a. Section 336.44, Florida Statues (2001). 

b. Applicable Provisions of Clay County Code. 

c. Florida Department of Transportation Standard 

Specifications, most recent edition. 

(B) Time of Opening: All bids shall be submitted to the Purchasing 

division, 4th Floor, Clay County Administration Building, 477 Houston 

Street, Green Cove Springs, Florida, which shall record receipt thereof by 

date and time on the bid envelope. Upon receipt, the Purchasing division 

will maintain custody and control of all bid submittals until after they have 

been opened. The deadline for a particular bid submittal shall be 4:00 P.M., 

of the Monday immediately preceding the Tuesday upon which the bid is to 

be opened. No bid shall be opened unless and until proof by publisher's 

affidavit of publication of the bid solicitation is received and filed by the 

Purchasing division. Bidders and the public are welcomed to attend the 

opening and all subsequent committee and commission meetings related to 

the bids. 

(C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and 

if applicable only on the forms provided by the County or its staff). Each 

bid and its accompanying materials shall be submitted in a single, sealed and 

opaque envelope. The following items shall be prominently marked on the 

cover of the envelope by the party making the submittal prior thereto: 

a. The number assigned to the particular bid solicitation. 

b. The title of the bid exactly as it appeared in the published 

solicitation. 

c. The date of the bid opening.


(D) Bid Receipt Procedure: The County Manager shall, in cooperation 

with his or her Department heads and the Purchasing division, assign a 

specific and discrete number and title to each bid solicitation, which shall be 

contained in the Request for Bids, the newspaper publication, specifications 

and the Bid Form thereof. Three copies of each request for bid shall be 

submitted to the Purchasing division for distribution as provided in Section 

F hereof, and the "Request for Bids" (see Example 2 attached) shall be 

signed prior to publication. 

(E) Place of Opening: All bids properly submitted shall be opened in a 

public location so designated in the bid solicitation. 

(F) Distribution of Copies: Upon the opening of a bid, one copy shall be 

distributed to the head of the originating department. Purchasing shall 

submit to the Finance committee of the Board a tabulated list of all bidders 

and their bids, including bid number, name, staff assigned, a 

recommendation to include but not be limited to the lowest responsive and 

responsible bid, or in a proper circumstance the best bid, budget information 

and alternatives. All staff assigned to evaluate bid and RFP responses shall 

do so observing all requirements of the Sunshine Law and in meetings 

noticed at least 72 hours in advance thereof. The Purchasing division shall 

serve as the permanent record holder for the County Manager. 

(G) Committee Review, Report and Recommendations: Bids shall be 

reviewed by the Board’s Finance committee following the bid opening. The 

Committee should, in the absence of unusual circumstances, report its 

recommendation to the Board at the Board's next regularly scheduled 

meeting, which shall include a tabulated list of all bidders and their bids. In 

all events, the County Manager shall cause to be spread upon the minutes of 

the regular meeting of the Board next following the opening of a particular 

bid, a list of all bidders and their bids. Upon being awarded a bid, and if a 

contract is entered into with the successful bidder then the County’s 

Standard Addendum and IRS Form W-9, Request for Taxpayer 

Identification and Certification must be completed. 

(H) Ineligible Bid: Any bid that does not meet the foregoing requirements 

for form, time of submittal, number of copies or the specifications advertised 

will be rejected and the reasons stated therefor; provided that the Purchasing 

division shall reject and return unopened all bids which do not meet the 

foregoing requirements for time of submittal, or envelope markings. Bids


that do not meet requirements for form will be rejected and declared "No 

Bid". The Board reserves the power to reject all bids and in its discretion to 

re-advertise the solicitation. 

(I) Bid Withdrawal Period: Any bid submitted requires a five (5) 

percent bond unless waived by the Board prior to solicitation, which cannot 

be withdrawn for a period of 30 days subsequent to the date of the bid 

opening, notice of which shall be incorporated in all requests for bids. As 

used herein, the term bond shall include cashier or certified checks payable 

to the County. All such checks shall be held by the Finance department for 

safekeeping immediately upon acceptance of the bid (but not deposited). 

The Finance department is hereby authorized to return each bond to the 

submitting party, as soon as practicable, upon written request to the Finance 

department, but only after a bid and contract have been awarded and 

executed between the County and the successful bidder for a particular 

project, or in the event that all bids have been rejected by the Board, or in 

the event the time provided that the bid shall remain in effect shall have 

expired and the bid submitter requests its return in writing. 

(1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid 

bond requirements delineated in 8(I) above or as may be otherwise stated 

elsewhere in this policy document. 

(2) Vendors bidding on commodities price contracts, or any other type of 

contract that does not commit the Board to an actual exchange transaction 

(purchase) but rather seeks only a fixed unit price commitment from a 

vendor in the event a future purchase decision is made, shall be exempt from 

the bid bond requirements delineated in 8(I) above or as may be otherwise 

stated elsewhere in this policy document. 

(J) Bid Addenda: All addenda distributed subsequent to the initial 

distribution of specifications shall be sent by certified mail/return receipt 

requested, said return receipt to be returned to the Purchasing division 

identified by bid number. Prior to mailing, a copy of each addendum shall 

be received by the Purchasing division, provided that no addendum shall be 

mailed later than five (5) working days prior to the scheduled bid opening 

date.


(K) Bid Tabulation Form: The bid Tabulation Form used at bid openings 

shall include a place thereon for three witnesses to sign. This procedure will 

eliminate the need for signing each individual bid at the time of opening, 

thus requiring the three witnesses to sign only once for each bid number 

submitted. 

(L) Authority to Delay Bid Openings: The County Manager is hereby 

authorized, without seeking prior approval of the Board in any particular 

case, to order a delay of any bid opening from its scheduled date and time to 

a time certain on the agenda of the next regularly scheduled meeting of the 

Board, or such special meeting called for such purpose. The delay may be 

ordered at any time prior to the time of the scheduled opening, provided that 

such order be in writing, addressed and delivered to the Purchasing division 

with a copy delivered to the County Manager, and that copies thereof be 

mailed by certified mail, return receipt requested to all responding bidders as 

soon thereafter as is reasonably practicable. Upon receipt of the order, the 

Purchasing division shall immediately record the date and time thereof. The 

Purchasing division shall continue to accept sealed bids up until the 

applicable deadline. At the date and time originally scheduled for the bid 

opening, the Purchasing division shall announce the delay order to all in 

attendance and shall continue to maintain in its custody all properly 

submitted sealed bids until further order of the Board. At the time certain 

scheduled before the Board, the County Manager shall present his reason or 

reasons for the delay order and his recommendation for disposition of bids 

submitted. The Board may order the bids to be opened then and there, or at 

some other time and date certain; it may cancel the bid and order the return 

of all bids unopened; it may order a further delay of the bid opening; or it 

may make any other order appropriate to the circumstances. If the bids are 

ultimately opened, they shall be reviewed as provided elsewhere herein. If a 

delay occurs as provided herein, then the 30 day withdrawal period as 

provided in 8(I) shall commence upon the date of the actual bid opening, 

provided such date is not more than 60 days subsequent to the originally 

scheduled date. No delay shall be ordered beyond such 60 day period, 

unless the parties submitting timely bids consent to such delay in writing. In 

no event is the County Manager authorized to extend the deadline for bid 

submittals for any particular project, only the bid opening date.


(M) Contractor's Insurance Requirement: 

1. Any Contractor submitting a bid for any public works project must 

include, within its initial bid response, proof of the following insurance, in 

effect continuously from the date of submittal through the 60 days 

subsequent to the scheduled bid opening date: 

a. Commercial General Liability 

1. General Aggregate $1,000,000 

2. Products and Completed Operations Aggregate $1,000,000 

3. Personal and Advertising Injury $1,000,000 

4. Each Occurrence $1,000,000 

5. Fire Damage (any one fire) $ 50,000 

6. Medical Expense (any one person) $ 5,000 

b. Automobile Liability 

1. Any automobile-Combined bodily injury/property 

damage, $1,000,000 

with minimum limits for all additional coverages 

as required by Florida law 

c. Workers Compensation/Employers Liability 

1. Workers Compensation statutory limits 

2. Employers Liability 

a. Each Accident $ 100,000 

b. Disease-Policy $ 500,000 

c. Disease-Each Employee $ 100,000 

d. Professional Liability 

1. When required by contract-per occurrence $1,000,000 

2. Upon being awarded the bid, the contractor must provide proof that such 

insurance will be in effect from the date of commencement of the project. 

The contractor will maintain insurance coverage at the above-prescribed 

levels through the date of completion of the project and that coverage will 

include all independent contractors and subcontractors. Either prior to or


simultaneously with the execution of the contract, the successful bidder must 

deliver certificates of insurance for the required insurance coverages to the 

County naming “Clay County, a political subdivision of the State of Florida; 

The Board of County Commissioners, Clay County, Florida; and all public 

agencies of Clay County, as their interests may appear” as “Additional 

Insureds.” Said certificates of insurance shall also include a thirty day prior 

written notice of cancellation, modification or non-renewal to be provided to 

the County. 

3. The Board reserves the right to waive, raise or lower the minimum 

coverages required for particular projects prior to bid solicitation by 

affirmative action. The Board will not waive any defects in a bid submittal 

pertaining to matters under this subsection. 

(N) 

Bid Awards and Protests: 

1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for 

every sealed bid solicitation shall include conspicuously the following 

statements: 

FOLLOWING THE BID OPENING AND TABULATION, A 

“NOTICE OF INTENT TO AWARD BID” OR A “NOTICE 

OF REJECTION OF ALL BIDS” WILL BE POSTED ON 

THE INTERNET AT: [insert bid notice web address 

1 ]. THIS 

WEBPAGE CAN ALSO BE ACCESSED FROM THE 

HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert 

County’s homepage address 2 ] BY [insert suitable directions 3 ]. 

NO OTHER NOTICE WILL BE POSTED. 

PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE 

FAILURE TO INCLUDE WITHIN THE SEALED BID 

ENVELOPE A PROPER BID BOND OR OTHER SECURITY 

1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: 

http://www.claycountygov.com/Departments/Finance/decision_bids.htm. 

2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: 

http://www.claycountygov.com/. 

3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING 

THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”.


APPROVED UNDER THE COUNTY’S PURCHASING 

POLICY, IF REQUIRED FOR THIS SOLICITATION, OR 

THE FAILURE TO FILE A WRITTEN NOTICE OF 

PROTEST AND TO FILE A WRITTEN PETITION 

INITIATING A FORMAL PROTEST PROCEEDING 

WITHIN THE TIMES AND IN THE MANNER 

PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL 

CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST 

THE BID SOLICITATION, ANY ADDENDUM THERETO, 

OR THE BID DECISION, AS APPLICABLE, AND TO 

INITIATE A FORMAL PROTEST PROCEEDING UNDER 

SAID POLICY. THE COUNTY’S PURCHASING POLICY 

CAN BE VIEWED AT THE COUNTY’S WEBSITE BY 

FOLLOWING THE APPROPRIATE LINKS FROM THE 

HOMEPAGE ADDRESS SET FORTH ABOVE. 

IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER 

THIS SOLICITATION REQUIRES A BID BOND, SUCH 

PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR 

MAKING APPROPRIATE INQUIRY. 

2. Unless otherwise expressly directed by the Board in its decision on a 

bid award, immediately following such decision the County Manager shall 

cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All 

Bids” to be posted on the County’s website, with the time and date of 

posting appearing thereon. Notice shall not be posted elsewhere. The notice 

shall be posted in portable document format or other secure format. 

3. The failure on the part of a prospective bidder to include within the 

sealed bid envelope a proper bid bond or other security approved under this 

policy, if required for the particular bid solicitation, or the failure by a 

prospective bidder to file a written notice of protest and to file a written 

petition initiating a formal protest proceeding within the times and in the 

manner prescribed in this section shall constitute a waiver of the prospective 

bidder’s right to protest the bid solicitation, any addendum thereto, the 

Board’s bid decision, as applicable, and to initiate a formal protest 

proceeding hereunder.


4. A prospective bidder is solely responsible for determining whether a 

particular bid solicitation requires a bid bond, and for resolving any doubt by 

making appropriate inquiry. 

5. The County Manager shall cause a copy of this policy to be posted on 

the County’s website in portable document format or other secure format. 

The County Manager shall cause to be established conspicuous and easy-tofollow 

links to the policy from the homepage. 

6. Any person who is adversely affected by a bid solicitation, by any 

addendum thereto, or by a bid decision may file with the County Manager a 

written notice of protest no later than 4:30 p.m. on the third business day 

immediately following the date notice is published, with respect to a bid 

solicitation; no later than 4:30 p.m. on the third business day immediately 

following the date of issuance, with respect to a bid addendum; and within 

72 hours after the posting of the notice, exclusive of hours occurring during 

days that are other than business days, with respect to a bid decision. 

7. A formal protest proceeding shall be deemed commenced upon the 

timely filing of a written petition initiating the same. A written petition 

initiating a formal protest proceeding must be filed with the County Manager 

no later than 4:30 p.m. on the tenth calendar day immediately following the 

date on which the written notice of protest was filed; provided, if the tenth 

calendar day is not a business day, then the petition must be filed no later 

than 4:30 p.m. on the first business day immediately following said tenth 

calendar day. The petition must set forth with particularity the facts and law 

upon which the protest is based. The petition must conform substantially 

with the requirements for petitions set forth in Rule 28-106.201, Florida 

Administrative Code. References in this section to a petition shall mean a 

written petition initiating a formal protest proceeding filed in accordance 

with this subsection. 

8. Any protest of a bid solicitation or bid addendum shall pertain 

exclusively to the terms, conditions, and specifications contained in a bid 

solicitation or bid addendum, including any provisions governing the 

methods for ranking bids, proposals, or replies, awarding contracts, 

reserving rights of further negotiation, or modifying or amending any 

contract.


9. Upon receipt of a formal written notice of protest that has been timely 

filed, the County Manager shall suspend the bid solicitation or bid award 

process until the subject of the protest is resolved by final action as specified 

in this section, unless the County Manager sets forth in writing particular 

facts and circumstances which require the continuance of the solicitation or 

award process without delay in order to avoid an immediate and serious 

danger to the public health, safety, or welfare. Such suspension shall be 

lifted immediately in the event the protesting party shall have failed to 

timely file a petition. 

10. Intervenors shall be permitted to participate in the formal protest 

proceeding in accordance with the procedures governing intervenor practice 

set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be 

subject to all limitations provided therein applicable to intervenors. 

11. In his or her discretion, the County Manager may provide an 

opportunity to resolve the protest by mutual agreement between the County 

Manager and the protesting party within 7 calendar days after receipt of a 

timely petition. Such agreement must be reduced to writing, signed by the 

County Manager and the protesting party or such party’s authorized agent, 

and submitted to the Board at the earliest opportunity. The agreement shall 

not be deemed effective unless ratified by the Board. If the Board shall fail 

to ratify the agreement, then the protest shall proceed to resolution as 

hereinafter provided. 

12. Within 10 business days following the timely filing of a petition, or, if 

the Board shall have considered but failed to ratify an agreement submitted 

to it under subsection 11, then within 10 business days thereafter, a hearing 

shall be conducted pursuant to subsection 13 before a hearing officer, who 

shall be the County Manager or his or her designee. The County Manager 

may designate any department head as the hearing officer; provided, a 

department head who is substantially involved in or connected with the bid 

solicitation or bid award process shall be deemed disqualified from serving 

as the hearing officer, unless such involvement or connection is purely 

ministerial in nature. 

13. All hearings shall be conducted pursuant to written notice to the 

protesting party, the County Attorney’s Office and all intervenors by the 

hearing officer specifying the time, date and place of the hearing. Particular 

rules and procedures governing each such hearing are as follows:


a. The audio thereof shall be recorded electronically. 

b. Prior to the hearing only, motion practice may be permitted by 

the hearing officer in his or her discretion in accordance with the rules 

governing the same set forth in Rule Chapter 28-106, Florida 

Administrative Code. All motions shall be ruled upon prior to or at 

the start of the hearing, except that rulings on motions in limine may 

be deferred to an appropriate time during or after the hearing. 

c. Prior to the hearing, the protesting party, the County and all 

intervenors must confer and endeavor to stipulate to as many relevant 

and undisputed facts upon which the decision is to be based as may be 

practicable. Such stipulation must also identify those issues of 

material fact, if any, that remain in dispute. The stipulation must be 

reduced to a writing signed by or on behalf of the protesting party, the 

County and all intervenors, and be submitted to the hearing officer at 

least two business days prior to the hearing. The stipulation may 

include an appendix comprising documents that shall be deemed 

admitted and considered as evidence for purposes of the hearing, or 

referring to tangible items deemed admitted and considered as 

evidence for purposes of the hearing, which items shall either be 

presented at the hearing or, if such presentation is impractical, 

submitted to the hearing officer by graphic, descriptive, 

representational, photographic, videotape or similar medium properly 

depicting or characterizing the items. 

d. The protesting party and all intervenors shall have the right to 

appear before the hearing officer at the hearing in proper person or 

through counsel and, as to those issues of material fact, if any, that 

remain in dispute, as identified in the stipulation, to present relevant 

testimonial, documentary and tangible evidence, and to be heard on 

the substantive issues bearing on the protest. The County shall be 

deemed a party to the proceeding, and the County Attorney or any 

assistant county attorney may participate in the protest proceeding, 

appear before the hearing officer, present evidence and be heard on 

behalf of the County.


e. All witnesses shall be placed under oath by the hearing officer 

prior to testifying, and shall be subject to cross-examination by any 

hearing participant. 

f. Hearsay evidence shall be admissible unless the hearing officer 

shall determine the same to be redundant, unreliable or prejudicial. 

g. At the hearing any hearing participant may offer appropriate 

argument and summation, and submit a written brief and a proposed 

order, but only after the conclusion of the evidentiary portion of the 

hearing, if any. 

h. Immediately following the hearing, the County Manager shall 

cause a written transcript of all testimonial evidence introduced at the 

hearing to be prepared expeditiously based upon the audio recording, 

and shall provide copies of the same to all of the hearing participants. 

i. Within 7 business days following the hearing, the hearing 

officer shall submit a recommended order to the County Manager and 

serve copies on all hearing participants; provided, if the County 

Manager is the hearing officer, then within 7 business days following 

the hearing, the County Manager shall issue a recommended order and 

serve copies on all hearing participants. The recommended order 

shall contain findings of fact and, based upon such facts, a disposition 

of the protest; provided, no finding of fact may be predicated solely 

upon the basis of hearsay. 

j. The recommended order shall thereafter be submitted to the 

Board along with the transcript of the hearing testimony and the entire 

written and tangible record of the protest proceedings at the earliest 

opportunity to be considered at a time certain, with notice thereof 

served upon the hearing participants. Each of the hearing participants 

shall be allowed 3 minutes to address the Board regarding the 

recommended order, unless the Chairman in his or her discretion shall 

allow additional time. If a hearing participant intends to challenge 

any finding of fact in a recommended order that was based upon 

testimonial evidence, such participant shall be allowed 2 additional 

minutes for such purpose, and may direct the attention of the Board 

members to any portion of the transcript relevant to the challenge. 

The other hearing participants shall each have the right to offer


argument in rebuttal to the challenge, and to direct the attention of the 

Board members to any portion of the transcript relevant to the 

rebuttal. No testimony or other evidence beyond the record and the 

transcript shall be presented to the Board. Thereafter the Board shall 

render its decision on the protest. In so doing the Board shall be 

bound by the findings of fact in the recommended order that are based 

upon testimonial evidence, except those for which it upholds a 

challenge. A challenge shall be upheld only if the finding of fact is 

not supported by competent, substantial evidence in the record or in 

the transcript. Otherwise, the Board shall not be bound by any of the 

provisions of the recommended order. The decision of the Board shall 

be reduced to a written order signed by the Chairman, and shall 

constitute final action of the County on the protest. 

k. The date, type and substance of all ex parte communications 

between any Board member and a hearing participant, including 

counsel therefor or any agent thereof, and between any Board member 

and third party, must be publicly disclosed by the Board member prior 

to the rendering of the Board’s decision. All such communications 

that are written or received electronically must be filed for the record, 

and copies thereof provided to each Board member and hearing 

participant. 

14. All proceedings before the hearing officer shall be informal, and 

customary rules of evidence shall be relaxed. In all respects both the hearing 

officer and the Board shall observe the requirements of procedural and 

substantive due process that are the minimum necessary for accomplishing a 

fair, just and expeditious resolution of the protest. 

15. Ex parte communications between a hearing participant and the 

hearing officer are forbidden. The hearing officer may take such steps as he 

or she may deem just and appropriate to prevent or sanction attempted ex 

parte communications, including promptly disclosing the attempted 

communication, or requiring the offending hearing participant to disclose 

promptly the attempted communication, to the other hearing participants. 

Where necessary, the hearing officer may recuse himself or herself, and the 

subsequently designated hearing officer may order the offending participant 

to pay for all or any portion of the costs incurred by the County and any 

other hearing participant strictly as a consequence of the ex parte 

communication or attempted ex parte communication, else be excluded from


further participation. Neither the County Attorney nor any assistant county 

attorney shall be subject to this subsection or prohibited from engaging in ex 

parte communications with the hearing officer. 

16. The purpose of this policy is to promote fairness and public 

confidence in the competitive bidding process. To further such end, and 

except as otherwise specifically provided herein, the substantive law 

governing the resolution of bid protests found in the decisions of the Florida 

appellate courts, as well as any statutes or agency rules that may be 

applicable to the particular bid solicitation, shall guide the hearing officer 

and the Board in rendering a decision on a bid protest under this section. 

The significant principles of law governing the bid protest and the resolution 

thereof, which shall prevail to the extent not otherwise in conflict with any 

governing statutes or agency rules, are as follows: 

a. The burden is on the party protesting the award of the bid to 

establish a ground for invalidating the award. 

b. The standard of proof for the protest proceeding shall be whether 

the proposed award was clearly erroneous, contrary to competition, 

arbitrary, or capricious. 

c. The proposed award shall be deemed arbitrary or capricious if it is 

contrary in a material way to any governing statutes, the County’s 

rules or policies, or the bid or proposal instructions or specifications. 

d. The scope of the inquiry is limited initially to whether the proposed 

award is improper under the foregoing standard of proof. If and only 

if the hearing officer first determines on the basis of competent and 

substantial evidence that the proposed award is improper, then the 

hearing officer may recommend, in accordance with the law and this 

policy, an alternate disposition for the proposed award. Such 

disposition may include, but shall not be limited to, rejecting all bids, 

or awarding all or a portion of the bid to the protesting party. 

e. A bid protest proceeding may not serve as a vehicle for the Board 

to revisit the proposed award absent a determination of impropriety as 

set forth above.


17. By written agreement amongst the protesting party, the County, and 

all then-existing intervenors, any provision of this section pertaining to the 

procedures for resolving a protest for which a petition has been timely filed 

may be modified or waived so long as such modification or waiver shall not 

hinder or thwart the proper and expeditious resolution of the protest, or 

otherwise operate to undermine the salutary purposes of competitive, public 

bidding. 

18. Only to the extent necessary to avoid a miscarriage of justice or to 

prevent a manifest violation of a hearing participant’s procedural or 

substantive due process rights, a hearing officer may modify or suspend the 

applicability of any of the provisions or requirements of this section in the 

course of conducting a protest proceeding hereunder; provided, a hearing 

officer may not modify or suspend any of the provisions or requirements of 

subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 

19. Except and to the extent specifically provided in this section, and 

except and to the extent otherwise specified provided by written agreement 

amongst the protesting party, the County, and all then-existing intervenors, 

no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be 

deemed applicable to the resolution of protests under this section. 

20. For purposes of this section, the filing with the County Manager of a 

written notice of protest or of a written petition initiating a formal protest 

proceeding shall be deemed accomplished only when the original written 

notice or original written petition has been physically received by the 

County Manager or his or her designee. A notice or petition shall be deemed 

original only if it bears the original signature of the protesting party or such 

party’s authorized agent. No notice or petition may be filed by facsimile 

transmission or by e-mail, and any notice or petition received in such 

manner shall be deemed unfiled and ineffective. The use of an overnight 

delivery service or of the United States Postal Service to file a notice or 

petition shall be entirely at the risk of the person submitting the same, and 

any such notice or petition so received after the applicable deadline shall be 

deemed untimely. 

21. For purposes of this section, a business day shall mean any 24-hour 

day that is not a Saturday, a Sunday, or a holiday observed by the County.


22. For purposes of this section, counsel shall mean an attorney who is a 

member of the Florida Bar in good standing. 

23. For purposes of this section, all notices of protest and petitions 

initiating formal protest proceedings, and all stipulations, briefs, proposed 

findings of fact, written motions and proposed orders submitted to a hearing 

officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages 

of all such documents shall have margins on all sides of not less than 1 inch; 

shall be in Times New Roman or Courier New font no smaller than 12 in 

size, including footnotes and endnotes; shall have standard double-spacing 

between lines, excluding quotations, footnotes and endnotes; and shall be 

numbered at the bottom. All quotations shall be indented. Briefs shall not 

exceed 15 pages in length, and may not include any appendices. A digital 

copy of all written stipulations, briefs, proposed findings of fact, written 

motions and proposed orders submitted to the hearing officer must be 

simultaneously provided to the hearing officer in Word format, version 2000 

or later, on compact disc or 3 ½” diskette. 

24. For purposes of this section, a hearing participant shall mean and 

include the protesting party, the County and any intervenor. 

25. This section shall be construed and implemented so as to secure the 

just, speedy, and inexpensive resolution of bid protests.


“NO BID” Statement 

RFP # 08/09-3 Various Equipment and Amenities for Parks and Playgrounds, Clay County, Florida 

If your company does not intend to bid on this procurement, please complete and return this form prior to 

the date shown for receipt of bids to: 

Clay County Purchasing Division, 

Attn: Donna Fish, 

P.O. Box 1366 


We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: 

Specifications are too restrictive (please explain below or attach separately) 

Unable to meet specifications 

Specifications were unclear (please explain below or attach separately) 

Insufficient time to respond 

We do not offer this product or service 

Our schedule would not permit us to perform at this time 

Unable to meet bond requirements 

Other (please explain below or attach separately) 

Remarks: _________________________________________________________________________ 

___________________________________________________________________________________ 

____________________________________________________________________________________ 

Company Name: 

Signature: 

Print Name: 

Telephone: __________________________ 

Fax #: ______________________________ 

Title:________________________________ 

Address: ____________________________________ 

City: 

Zip: ________________________________________

Form W-9 Request for Taxpayer 

(Rev. November 2005) 

Identification Number and Certification 

Department of the Treasury 

Internal Revenue Service 

Print or type 

See Specific Instructions on page 2. 


Name (as shown on your income tax return) 

Business name, if different from above 

Check appropriate box: 

Address (number, street, and apt. or suite no.) 

City, state, and ZIP code 

Individual/ 

Sole proprietor 

List account number(s) here (optional) 

Requester’s name and address (optional) 

Give form to the 

requester. Do not 

send to the IRS. 

Corporation Partnership Other Exempt from backup 

withholding 

Part I 

Taxpayer Identification Number (TIN) 

Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid 

backup withholding. For individuals, this is your social security number (SSN). However, for a resident 

alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is 

your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. 

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose 

Social security number 

– – 

or 

Employer identification number 

number to enter. – 

Part II Certification 

Under penalties of perjury, I certify that: 

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal 

Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has 

notified me that I am no longer subject to backup withholding, and 

3. I am a U.S. person (including a U.S. resident alien). 

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup 

withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. 

For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement 

arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must 

provide your correct TIN. (See the instructions on page 4.) 

Sign 

Here 

Signature of 

U.S. person 

Purpose of Form 

A person who is required to file an information return with the 

IRS, must obtain your correct taxpayer identification number 

(TIN) to report, for example, income paid to you, real estate 

transactions, mortgage interest you paid, acquisition or 

abandonment of secured property, cancellation of debt, or 

contributions you made to an IRA. 

U.S. person. Use Form W-9 only if you are a U.S. person 

(including a resident alien), to provide your correct TIN to the 

person requesting it (the requester) and, when applicable, to: 

1. Certify that the TIN you are giving is correct (or you are 

waiting for a number to be issued), 

2. Certify that you are not subject to backup withholding, or 

3. Claim exemption from backup withholding if you are a 

U.S. exempt payee. 

In 3 above, if applicable, you are also certifying that as a 

U.S. person, your allocable share of any partnership income 

from a U.S. trade or business is not subject to the 

withholding tax on foreign partners’ share of effectively 

connected income. 

Note. If a requester gives you a form other than Form W-9 to 

request your TIN, you must use the requester’s form if it is 

substantially similar to this Form W-9. 

For federal tax purposes, you are considered a person if you 

are: 

Cat. No. 10231X 

Date 

● An individual who is a citizen or resident of the United 

States, 

● A partnership, corporation, company, or association 

created or organized in the United States or under the laws 

of the United States, or 

● Any estate (other than a foreign estate) or trust. See 

Regulations sections 301.7701-6(a) and 7(a) for additional 

information. 

Special rules for partnerships. Partnerships that conduct a 

trade or business in the United States are generally required 

to pay a withholding tax on any foreign partners’ share of 

income from such business. Further, in certain cases where a 

Form W-9 has not been received, a partnership is required to 

presume that a partner is a foreign person, and pay the 

withholding tax. Therefore, if you are a U.S. person that is a 

partner in a partnership conducting a trade or business in the 

United States, provide Form W-9 to the partnership to 

establish your U.S. status and avoid withholding on your 

share of partnership income. 

The person who gives Form W-9 to the partnership for 

purposes of establishing its U.S. status and avoiding 

withholding on its allocable share of net income from the 

partnership conducting a trade or business in the United 

States is in the following cases: 

● The U.S. owner of a disregarded entity and not the entity, 

Form W-9 (Rev. 11-2005)


Form W-9 (Rev. 11-2005) Page 2 

● The U.S. grantor or other owner of a grantor trust and not 

the trust, and 

● The U.S. trust (other than a grantor trust) and not the 

beneficiaries of the trust. 

Foreign person. If you are a foreign person, do not use 

Form W-9. Instead, use the appropriate Form W-8 (see 

Publication 515, Withholding of Tax on Nonresident Aliens 

and Foreign Entities). 

Nonresident alien who becomes a resident alien. 

Generally, only a nonresident alien individual may use the 

terms of a tax treaty to reduce or eliminate U.S. tax on 

certain types of income. However, most tax treaties contain a 

provision known as a “saving clause.” Exceptions specified 

in the saving clause may permit an exemption from tax to 

continue for certain types of income even after the recipient 

has otherwise become a U.S. resident alien for tax purposes. 

If you are a U.S. resident alien who is relying on an 

exception contained in the saving clause of a tax treaty to 

claim an exemption from U.S. tax on certain types of income, 

you must attach a statement to Form W-9 that specifies the 

following five items: 

1. The treaty country. Generally, this must be the same 

treaty under which you claimed exemption from tax as a 

nonresident alien. 

2. The treaty article addressing the income. 

3. The article number (or location) in the tax treaty that 

contains the saving clause and its exceptions. 

4. The type and amount of income that qualifies for the 

exemption from tax. 

5. Sufficient facts to justify the exemption from tax under 

the terms of the treaty article. 

Example. Article 20 of the U.S.-China income tax treaty 

allows an exemption from tax for scholarship income 

received by a Chinese student temporarily present in the 

United States. Under U.S. law, this student will become a 

resident alien for tax purposes if his or her stay in the United 

States exceeds 5 calendar years. However, paragraph 2 of 

the first Protocol to the U.S.-China treaty (dated April 30, 

1984) allows the provisions of Article 20 to continue to apply 

even after the Chinese student becomes a resident alien of 

the United States. A Chinese student who qualifies for this 

exception (under paragraph 2 of the first protocol) and is 

relying on this exception to claim an exemption from tax on 

his or her scholarship or fellowship income would attach to 

Form W-9 a statement that includes the information 

described above to support that exemption. 

If you are a nonresident alien or a foreign entity not subject 

to backup withholding, give the requester the appropriate 

completed Form W-8. 

What is backup withholding? Persons making certain 

payments to you must under certain conditions withhold and 

pay to the IRS 28% of such payments (after December 31, 

2002). This is called “backup withholding.” Payments that 

may be subject to backup withholding include interest, 

dividends, broker and barter exchange transactions, rents, 

royalties, nonemployee pay, and certain payments from 

fishing boat operators. Real estate transactions are not 

subject to backup withholding. 

You will not be subject to backup withholding on payments 

you receive if you give the requester your correct TIN, make 

the proper certifications, and report all your taxable interest 

and dividends on your tax return. 

Payments you receive will be subject to backup 

withholding if: 

1. You do not furnish your TIN to the requester, 

2. You do not certify your TIN when required (see the Part 

II instructions on page 4 for details), 

3. The IRS tells the requester that you furnished an 

incorrect TIN, 

4. The IRS tells you that you are subject to backup 

withholding because you did not report all your interest and 

dividends on your tax return (for reportable interest and 

dividends only), or 

5. You do not certify to the requester that you are not 

subject to backup withholding under 4 above (for reportable 

interest and dividend accounts opened after 1983 only). 

Certain payees and payments are exempt from backup 

withholding. See the instructions below and the separate 

Instructions for the Requester of Form W-9. 

Also see Special rules regarding partnerships on page 1. 

Penalties 

Failure to furnish TIN. If you fail to furnish your correct TIN 

to a requester, you are subject to a penalty of $50 for each 

such failure unless your failure is due to reasonable cause 

and not to willful neglect. 

Civil penalty for false information with respect to 

withholding. If you make a false statement with no 

reasonable basis that results in no backup withholding, you 

are subject to a $500 penalty. 

Criminal penalty for falsifying information. Willfully 

falsifying certifications or affirmations may subject you to 

criminal penalties including fines and/or imprisonment. 

Misuse of TINs. If the requester discloses or uses TINs in 

violation of federal law, the requester may be subject to civil 

and criminal penalties. 

Specific Instructions 

Name 

If you are an individual, you must generally enter the name 

shown on your income tax return. However, if you have 

changed your last name, for instance, due to marriage 

without informing the Social Security Administration of the 

name change, enter your first name, the last name shown on 

your social security card, and your new last name. 

If the account is in joint names, list first, and then circle, 

the name of the person or entity whose number you entered 

in Part I of the form. 

Sole proprietor. Enter your individual name as shown on 

your income tax return on the “Name” line. You may enter 

your business, trade, or “doing business as (DBA)” name on 

the “Business name” line. 

Limited liability company (LLC). If you are a single-member 

LLC (including a foreign LLC with a domestic owner) that is 

disregarded as an entity separate from its owner under 

Treasury regulations section 301.7701-3, enter the owner’s 

name on the “Name” line. Enter the LLC’s name on the 

“Business name” line. Check the appropriate box for your 

filing status (sole proprietor, corporation, etc.), then check 

the box for “Other” and enter “LLC” in the space provided. 

Other entities. Enter your business name as shown on 

required federal tax documents on the “Name” line. This 

name should match the name shown on the charter or other 

legal document creating the entity. You may enter any 

business, trade, or DBA name on the “Business name” line. 

Note. You are requested to check the appropriate box for 

your status (individual/sole proprietor, corporation, etc.). 

Exempt From Backup Withholding 

If you are exempt, enter your name as described above and 

check the appropriate box for your status, then check the 

“Exempt from backup withholding” box in the line following 

the business name, sign and date the form.


Form W-9 (Rev. 11-2005) Page 3 

Generally, individuals (including sole proprietors) are not 

exempt from backup withholding. Corporations are exempt 

from backup withholding for certain payments, such as 

interest and dividends. 

Note. If you are exempt from backup withholding, you 

should still complete this form to avoid possible erroneous 

backup withholding. 

Exempt payees. Backup withholding is not required on any 

payments made to the following payees: 

1. An organization exempt from tax under section 501(a), 

any IRA, or a custodial account under section 403(b)(7) if the 

account satisfies the requirements of section 401(f)(2), 

2. The United States or any of its agencies or 

instrumentalities, 

3. A state, the District of Columbia, a possession of the 

United States, or any of their political subdivisions or 

instrumentalities, 

4. A foreign government or any of its political subdivisions, 

agencies, or instrumentalities, or 

5. An international organization or any of its agencies or 

instrumentalities. 

Other payees that may be exempt from backup 

withholding include: 

6. A corporation, 

7. A foreign central bank of issue, 

8. A dealer in securities or commodities required to register 

in the United States, the District of Columbia, or a 

possession of the United States, 

9. A futures commission merchant registered with the 

Commodity Futures Trading Commission, 

10. A real estate investment trust, 

11. An entity registered at all times during the tax year 

under the Investment Company Act of 1940, 

12. A common trust fund operated by a bank under 

section 584(a), 

13. A financial institution, 

14. A middleman known in the investment community as a 

nominee or custodian, or 

15. A trust exempt from tax under section 664 or 

described in section 4947. 

The chart below shows types of payments that may be 

exempt from backup withholding. The chart applies to the 

exempt recipients listed above, 1 through 15. 

IF the payment is for . . . 

THEN the payment is exempt 

for . . . 

Part I. Taxpayer Identification 

Number (TIN) 

Enter your TIN in the appropriate box. If you are a resident 

alien and you do not have and are not eligible to get an SSN, 

your TIN is your IRS individual taxpayer identification number 

(ITIN). Enter it in the social security number box. If you do 

not have an ITIN, see How to get a TIN below. 

If you are a sole proprietor and you have an EIN, you may 

enter either your SSN or EIN. However, the IRS prefers that 

you use your SSN. 

If you are a single-owner LLC that is disregarded as an 

entity separate from its owner (see Limited liability company 

(LLC) on page 2), enter your SSN (or EIN, if you have one). If 

the LLC is a corporation, partnership, etc., enter the entity’s 

EIN. 

Note. See the chart on page 4 for further clarification of 

name and TIN combinations. 

How to get a TIN. If you do not have a TIN, apply for one 

immediately. To apply for an SSN, get Form SS-5, 

Application for a Social Security Card, from your local Social 

Security Administration office or get this form online at 

www.socialsecurity.gov. You may also get this form by 

calling 1-800-772-1213. Use Form W-7, Application for IRS 

Individual Taxpayer Identification Number, to apply for an 

ITIN, or Form SS-4, Application for Employer Identification 

Number, to apply for an EIN. You can apply for an EIN online 

by accessing the IRS website at www.irs.gov/businesses and 

clicking on Employer ID Numbers under Related Topics. You 

can get Forms W-7 and SS-4 from the IRS by visiting 

www.irs.gov or by calling 1-800-TAX-FORM 

(1-800-829-3676). 

If you are asked to complete Form W-9 but do not have a 

TIN, write “Applied For” in the space for the TIN, sign and 

date the form, and give it to the requester. For interest and 

dividend payments, and certain payments made with respect 

to readily tradable instruments, generally you will have 60 

days to get a TIN and give it to the requester before you are 

subject to backup withholding on payments. The 60-day rule 

does not apply to other types of payments. You will be 

subject to backup withholding on all such payments until you 

provide your TIN to the requester. 

Note. Writing “Applied For” means that you have already 

applied for a TIN or that you intend to apply for one soon. 

Caution: A disregarded domestic entity that has a foreign 

owner must use the appropriate Form W-8. 

Interest and dividend payments 

Broker transactions 

Barter exchange transactions 

and patronage dividends 

Payments over $600 required 

to be reported and direct 

sales over $5,000 1 

All exempt recipients except 

for 9 

Exempt recipients 1 through 13. 

Also, a person registered under 

the Investment Advisers Act of 

1940 who regularly acts as a 

broker 

Exempt recipients 1 through 5 

Generally, exempt recipients 

2 

1 through 7 

1 

See Form 1099-MISC, Miscellaneous Income, and its instructions. 

2 

However, the following payments made to a corporation (including gross 

proceeds paid to an attorney under section 6045(f), even if the attorney is a 

corporation) and reportable on Form 1099-MISC are not exempt from 

backup withholding: medical and health care payments, attorneys’ fees; and 

payments for services paid by a federal executive agency.


Form W-9 (Rev. 11-2005) Page 4 

Part II. Certification 

To establish to the withholding agent that you are a U.S. 

person, or resident alien, sign Form W-9. You may be 

requested to sign by the withholding agent even if items 1, 4, 

and 5 below indicate otherwise. 

For a joint account, only the person whose TIN is shown in 

Part I should sign (when required). Exempt recipients, see 

Exempt From Backup Withholding on page 2. 

Signature requirements. Complete the certification as 

indicated in 1 through 5 below. 

1. Interest, dividend, and barter exchange accounts 

opened before 1984 and broker accounts considered 

active during 1983. You must give your correct TIN, but you 

do not have to sign the certification. 

2. Interest, dividend, broker, and barter exchange 

accounts opened after 1983 and broker accounts 

considered inactive during 1983. You must sign the 

certification or backup withholding will apply. If you are 

subject to backup withholding and you are merely providing 

your correct TIN to the requester, you must cross out item 2 

in the certification before signing the form. 

3. Real estate transactions. You must sign the 

certification. You may cross out item 2 of the certification. 

4. Other payments. You must give your correct TIN, but 

you do not have to sign the certification unless you have 

been notified that you have previously given an incorrect TIN. 

“Other payments” include payments made in the course of 

the requester’s trade or business for rents, royalties, goods 

(other than bills for merchandise), medical and health care 

services (including payments to corporations), payments to a 

nonemployee for services, payments to certain fishing boat 

crew members and fishermen, and gross proceeds paid to 

attorneys (including payments to corporations). 

5. Mortgage interest paid by you, acquisition or 

abandonment of secured property, cancellation of debt, 

qualified tuition program payments (under section 529), 

IRA, Coverdell ESA, Archer MSA or HSA contributions or 

distributions, and pension distributions. You must give 

your correct TIN, but you do not have to sign the 

certification. 

What Name and Number To Give the 

Requester 

For this type of account: 

1. Individual 

2. Two or more individuals (joint 

account) 

3. Custodian account of a minor 

(Uniform Gift to Minors Act) 

4. a. The usual revocable 

savings trust (grantor is 

also trustee) 

b. So-called trust account 

that is not a legal or valid 

trust under state law 

5. Sole proprietorship or 

single-owner LLC 

For this type of account: 

6. Sole proprietorship or 

single-owner LLC 

7. A valid trust, estate, or 

pension trust 

8. Corporate or LLC electing 

corporate status on Form 

8832 

9. Association, club, religious, 

charitable, educational, or 

other tax-exempt organization 

10. Partnership or multi-member 

LLC 

11. A broker or registered 

nominee 

12. Account with the Department 

of Agriculture in the name of 

a public entity (such as a 

state or local government, 

school district, or prison) that 

receives agricultural program 

payments 

1 

Give name and SSN of: 

The individual 

The actual owner of the account 

or, if combined funds, the first 

individual on the account 1 

The minor 2 

The grantor-trustee 1 

The actual owner 1 

The owner 3 

Give name and EIN of: 

The owner 3 

Legal entity 4 

The corporation 

The organization 

The partnership 

The broker or nominee 

The public entity 

List first and circle the name of the person whose number you furnish. If 

only one person on a joint account has an SSN, that person’s number must 

be furnished. 

2 

Circle the minor’s name and furnish the minor’s SSN. 

3 

You must show your individual name and you may also enter your business 

or “DBA” name on the second name line. You may use either your SSN or 

EIN (if you have one). If you are a sole proprietor, IRS encourages you to 

use your SSN. 

4 

List first and circle the name of the legal trust, estate, or pension trust. (Do 

not furnish the TIN of the personal representative or trustee unless the legal 

entity itself is not designated in the account title.) Also see Special rules 

regarding partnerships on page 1. 

Note. If no name is circled when more than one name is 

listed, the number will be considered to be that of the first 

name listed. 

Privacy Act Notice 

Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns 

with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or 

abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS 

uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this 

information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. 

possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal 

and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat 

terrorism. 

You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable 

interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.






Presented to: 

Clay County 

Sports Lighting Contract 

RFP # 08/09-3 

Green Cove Springs, Florida 

Submitted by: 

Musco Sports Lighting, LLC 

2107 Stewart Road 

Muscatine, Iowa 52761 

Phone: 563/263-2281 

Toll Free: 800/756-1205 

Fax: 800/374-6402 

LSG Spec - Revision Level: 1 

© 2005 Musco Lighting, LLC 

This information is provided by Musco exclusively for this project. 

Reproduction or distribution of the enclosed documents or information 

without the written permission of Musco Lighting, LLC is prohibited.


Table of Contents 

Clay County RFP # 08/09-3 

Sports Lighting Contract 

Green Cove Springs, FL 

A. BID FORMS 

Bid Documents 

Subcontractor List 

Warranties 

B. BID PRICING 

C. FORMS 

W-9 

Certificate of Insurance


Bidder: 

Address: 

City, State and Z ip: 

Bid Form 

Price Agreement Contract For 

Park and Playground Equipment 

Bid No. 08/09-3 

Phone: 

Email: 

Contact Name(s): 

Signature of Bidder 

MANUFACTURER CATALOGS: 

Manufacturer: 



Manufacturer: 



Manufacturer: 



Manufacturer: 



16


SUB-CONTRACTOR EQUIPMENT INSTALLERS: 


Address: 

Phone Number: 

Contact Name: 


Address: 

Phone Number: 

Contact Name: 


Address: 

Phone Number: 

Contact Name: 

Note: Attach vendor/manufacturer WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor 

installer(s), as an authorized installer certified to install park and playground equipment as required by each 

manufacturer. Failure to comply with this provision may result in rejection of bid. 

17


WARRANTY INFORMATION FORM 

MAKE AND MODEL OF EQUIPMENT PROPOSED: 

Is there a warranty on the equipment proposed? 

Yes 

No 

Does the warranty apply to ALL components or only part? (State Explicitly) 

Parts Warranty Period: 

Service Warranty Period: 

Nearest source for parts and/or service center (s): 

Name, address and phone number of the authorized service center (s): 

1) 

2) 

3) 

Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) 

COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: 

Yes 

No 

Name of Bidder: 

Signature 

Title 

Phone Number 

*Warranty period must meet or exceed the warranty conditions as stated in the specifications on the bid* 



Contract # 

18


Subcontractors 


100 1 st Avenue West 

Oskaloosa, IA 52577 

M Gay Constructors 

Mike Gay 

11802 Industry Drive 

Jacksonville, FL 32226 

904-714-4001 

Davco 

Russ White/Pete Veins 

4885 Park Ridge Boulevard 

Boynton Beach, FL 33426 

561-732-3434 

Southeast Electrical Contractors 

Timmy Carter 

15888 County Road 108 

Hilliard, FL 32046 

904-879-4226 

Electrical Contracting Service 

Charlie Floyd/ Chuck Floyd 

2375 West 77 th Street 

Hialeah, FL 33016 

305-556-0041 

Florida Electric Contracting Services Inc. 

Rich Headley/Steve Siems 

1491 SW 21 st Avenue 

Ft. Lauderdale, FL 33355 

954-587-6760 

Cobblestone Electric Inc. 

Joe Stone 

16171 Reiland Drive 

Istachatta, FL 34636 

352-796-9000 

Musco reserves the right to use other approved contractors, with the municipality’s 

approval.


Musco Constant 25 

 

25-Year Product Assurance & Warranty Program 

For 25 years, Musco Lighting will provide all materials and labor to maintain operation of your lighting system to original 

design criteria. Our products and services are guaranteed to perform on your project as follows: 

Light 

Average Constant Light levels of ____ footcandles are guaranteed through Musco’s Smart Lamp and service technology, within the 

Illumination Engineering Society of North America RP-6-01 standards of +/- 10% of the design criteria. 

Musco will electronically monitor lamp operation and operating hours, and will group relamp at the end of the 5000 hour useful life. 

Initial lamps provided: 

Group lamp replacements #_____ x 5000 hours: 

Maximum hours of lamp warranty and maintenance: 

5000 hours 

_______ hours 

______________ 

_______ hours 

Individual lamp outages that occur during the lamp warranty and maintenance period stated above are repaired when the usage of any 

field is materially impacted. If actual usage exceeds _______hours, the customer will be required to purchase lamp replacements in 

order to maintain the warranty to the end of twenty-five years. 

Energy Consumption 

Energy consumption for your lighting system will average ____kW per hour, and will not exceed ____kW per hour at the maximum. 

Exhibit A provides a 25-year energy cost model based upon the customer provided utility rate and anticipated hours of usage. Changes 

in rates or usage will proportionately change the costs. 

Monitoring, Maintenance and Control Services 

Musco shall monitor the performance of your lighting system, including on/off status, hours of usage and lamp outages. If fixture outages 

that affect playability are detected, Musco will contact you and proactively dispatch technicians. 

On-off control of your lighting system is provided via an easy-to-use web site scheduling system, phone, fax or email. Our trained 

Control-Link Central staff is available toll-free 24/7. Regular usage reports will be sent to you and are always available on Control-Link 

Central’s web site. 

Spill Light Control 

Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco’s design documents for your 

project, shown in Exhibit B. Readings shall be within the Illumination Engineering Society of North America RP-6-01 standards of 

+/- 10% of the design criteria. 

Structural Integrity 

Your project has been designed to ___________________(code reference). Structural integrity of equipment manufactured by Musco 

is guaranteed. 

Musco has a team of people to ensure fulfillment of our product and services warranty shown in Exhibit C and maintains 

specifically-funded financial reserves dedicated to support our fulfillment of this warranty. 

To further assure compliance, Musco will provide the Owner with this signed contract guaranteeing the comprehensive service 

for the 25-year period. 

See additional information on back page of warranty 

© 2005, 2007 Musco Lighting 

W-200-6-S


Musco Constant 25 

 

25-Year Product Assurance & Warranty Program 

Project Name: ____________________________________________________________________________ Project Number: ____________________________ 

Product Covered: _____________________________________________________________________________________________________________________ 

SAMPLE DOCUMENT 

Fixture Quantity: __________________ Lamp type:____________________________________ Number of Group Lamp Replacements: ___________________ 

Date Issued:______[Date of Shipment]_________Expiration:_________[Date]____________ or _______________________________ hours, whichever occurs first 

Service under this Contract is provided by Musco Sports Lighting, LLC (“Musco”) or 

an authorized servicer approved by Musco. Services performed under this Contract 

shall consist of furnishing labor and parts necessary to restore the operation of the 

Covered Product(s) to original design criteria provided such service is necessitated 

by failure of the Covered Product(s) during normal usage. This Contract covers 

Product(s) consisting of Musco’s Green Generation Lighting with Control·Link® and 

any additional Musco manufactured product as listed above. 

“We”, “us” and “our” mean Musco. “You” and “your” mean the purchaser of the 

Covered Product(s). No one has the authority to change this Contract without the 

prior written approval of Musco. Musco shall not assume responsibility for their agents 

or assignees other than as described below. If there is a conflict between the terms 

of this Contract and information communicated either orally or in writing by one or 

more of our employees or agents, this Contract shall control. 

Additional Provisions 

1. Availability of Service: Control-Link Central operators shall be available 

24/7 via web site, phone, fax or email. Maintenance service specialists shall be 

available 8 AM to 5PM Central Time, and services shall be rendered during 

these same hours in your local time zone, Monday through Friday (with the 

exception of national holidays). Hours of operation are subject to change 

without notice to you. Musco will exercise all reasonable efforts to perform 

service under this Contract, but will not be responsible for delays or failure in 

performing such services caused by adverse weather conditions, acts of any 

government, failure of transportation, accidents, riots, war, labor actions or 

strikes or other causes beyond its control. 

2. Determination of Repairs: Musco will utilize the field monitoring system and 

any information provided by the customer to determine when the usage of the 

field is materially impacted. From this information, Musco will determine 

needed repair and/or replacement of Covered Product(s) and parts. Repair will 

be with product(s) of like kind and quality. 

3. Your Requirements Under this Contract: You must meet all electrical 

requirements as specified by the manufacturer. In addition, you promise and 

assure: full cooperation with Musco, Musco’s technicians and authorized 

servicers during telephone diagnosis and repair of the Covered Product(s); 

reasonable accessibility of the Covered Product(s); a non-threatening and safe 

environment for service. 

You agree to check fuses and to replace fuses as needed. Musco provides 

spare fuses and a fuse puller in the lowest alpha-numeric numbered enclosure. 

Musco will replenish spare fuses used. 

4. Service Limitations - This Contract does not cover: Maintenance, repair or 

replacement necessitated by loss or damage resulting from any external 

causes such as, but not limited to, theft, environmental conditions, negligence, 

misuse, abuse, improper electrical/power supply, unauthorized repairs by third 

parties, attachments, damage to cabinetry, equipment modifications, 

vandalism, animal or insect infestation, physical damage to Covered Products 

parts or components, failure of existing structures, supporting electrical 

systems or any non-Musco equipment, or acts of God/nature (including, but not 

limited to: earthquake, flood, tornadoes, typhoons, hurricanes or lightning). 

5. Contract Limitations: 

a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE 

LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR 

CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED 

TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING 

THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE 

OTHERWISE AWAITING PARTS. 

b. Limitation of Liability: To the extent permitted by applicable law, the liability 

of Musco, if any, for any allegedly defective Covered Product(s) or 

components shall be limited to repair or replacement of the Covered 

Product(s) or components at Musco’s option. THIS CONTRACT IS YOUR 

SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED 

PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE 

COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED 

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 

PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. 

c. Musco requires reasonable access for a crane or man lift equipment to 

service the lighting system. Musco will not be responsible for damage from 

operating the vehicle on the property when the equipment is operated in the 

prescribed manner over the designated access route. 

6. Transfer and Assignment: You shall not have the right to assign or otherwise 

transfer your rights and obligations under this Contract except with the prior 

written consent of Musco provided, however, that a successor in interest by 

merger, operation of law, assignment or purchase or otherwise of your entire 

business shall acquire all of your interests under this Contract. 

7. Governing Law: Unless otherwise governed by applicable state law, the Contract 

shall be interpreted and enforced according to the laws of the State of Iowa. 

8. Subrogation: In the event Musco repairs or replaces any Covered Product(s), 

parts or components due to any defect for which the manufacturer or its agents 

or suppliers may be legally responsible, you agree to assign your rights of 

recovery to Musco. You will be reimbursed for any reasonable costs and 

expenses you may incur in connection with the assignment of your rights. You 

will be made whole before Musco retains any amounts it may recover. 

Signature: ___________________________________________ 

Vice President of Sales 

M u s c o L i g h t i n g · 1 0 0 1 s t A v e n u e W e s t · O s k a l o o s a , I A 5 2 5 7 7 · 8 0 0 / 8 2 5 - 6 0 2 0 

© 2005, 2007 Musco Lighting W-200-6-S

Wellington Council Meeting August 23, 2011 Warranty 

Page 178 of 336 

10 Year Warranty 

Equipment 

Musco warrants your lighting system (excluding fuses and lamps) to be free from defects in materials and 

workmanship for a period of ten years starting from the date of shipment. 

Two Years Labor — Musco agrees to provide labor and materials for a period of two years to replace defective 

parts or repair defects in workmanship or, at its election, to pay the reasonable cost of labor for such repairs. 

For the remainder of the warranty period, replacement materials will be provided at no charge. Labor costs 

will be the owner’s expense. 

Lamps 

Lamps are warranted not to fail for two years from the date of shipment. Lamps which fail during the first year 

of the warranty period will be replaced and installed at no cost to the owner. 

Lamps which fail during the second year of the warranty period will be replaced by the manufacturer, but 

installation will be the owner’s responsibility. Lamps damaged by physical trauma or electrical surges are not 

covered by this warranty. 

Alignment 

Musco warrants accurate alignment of the luminaires on the luminaire assembly for a period of ten years 

starting from the date of shipment. 

Limitations 

The following are not covered by this warranty: 

• Fuses 

• Weather condition events such as lightning or hail damage 

• Improper installation, vandalism or abuse 

• Unauthorized repairs or alterations 

Repair and/or replacement are the complete warranty and constitute the exclusive remedy. 

©2005 Musco Lighting · W10Y2


Clay County 

Sports Lighting Bid Sheet 

Manufacturer: Musco Sports Lighting, LLC. 

Address: 2107 Stewart Road 

City, State, Zip Code: Muscatine, IA 52761 

Contacts: 

Danny Sheldon 

Email: danny.sheldon@musco,com 

Phone #: 352/665-0578 Fax #: 800/374-6402 

Bob DeCouto 

Email: bob.decouto@musco.com 

Phone#: 352/243-9999 Fax #: 800/374-6402 

Fed. ID #: 42-1511754 

Delivery: 4-6 weeks F.O.B. Destination 

MUSCO LIGHTING PRICING - All prices are delivered to the job site – Terms: Net 30 days upon delivery 

For installed packages, 25% down payment is requested. 

BASE BID LIGHTING EQUIPMENT DESCRIPTION 

LIGHT-STRUCTURE GREEN SYSTEM (LSG) 

Equipment Pricing includes: Precast Concrete Bases, Galvanized Steel Poles, Fixtures, Pole Top 

Luminaire Assemblies, Electrical Component Enclosures, and Wire Harnesses. 

WARRANTY AND GUARANTEE (LSG)* 25-Year Warranty: Manufacturer shall supply a signed warranty 

covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system 

energy consumption; monitoring, maintenance and control services, spill light control, and structural 

integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the 

warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized 

repairs or alterations. 

*All warranty and maintenance agreements on all facilities except tennis/roller hockey are based upon 400 

hours or less on annual usage. The tennis, roller hockey, skate park and outdoor basketball courts 

warranty and maintenance agreement is based upon 1000 hours or less of annual usage. If annual usage 

exceeds the hours noted above, an extension of the warranty/maintenance agreement will be negotiated 

with the manufacturer on a project by project basis. 

SPORTSCLUSTER GREEN SYSTEM (SCG) 

Equipment Pricing includes: Fixtures, Luminaire Assemblies, Electrical Component Enclosures, and Wire 

Harnesses. 

WARRANTY AND GUARANTEE (SCG) 10-Year Warranty: Manufacturer shall supply a signed warranty 

covering the entire system, excluding fuses and lamps, for 10 years from the date of shipment. Labor shall 

be included for 2 years. Lamps shall be warranted for 2 years for parts, and 1 year for labor. Warranty may 

exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. 

LIGHT-PAK SYSTEM 

Equipment Pricing includes: Luminaire Assemblies, Electrical Component Enclosures. 

WARRANTY AND GUARANTEE (LIGHT-PAK) 10-Year Warranty: Manufacturer shall supply a signed 

warranty covering the entire system, excluding fuses and lamps, for 10 years from the date of shipment. 

Labor shall be included for 2 years. Lamps shall be warranted for 2 years for parts, and 1 year for labor. 

Clay County Spec r3.doc 

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Created on 11/25/2008 10:15:00 AM


Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. 

Section I - Musco Lighting Price List 

Note: For field sizes and pole locations not covered below, use fixture and pole adjustments found in 

Adders section of the bid page. Manufacturer shall provide design for actual field, plus the design of the 

field that most closely relates to actual field, for comparative purposes. 

Tennis – Standard pole locations are 6’ beyond the serving line and 3’ outside the fence. Pricing and pole 

sizing for tennis courts are also applicable to roller hockey and skate parks. 

Size Light Level 

LSG 110 FBC 2004 w/ 06 

Supplement Price 

SCG Price 

2 Ct 50 fc $48,547 $20,625 

3 Ct 50 fc $62,733 $33,263 

4 Ct 50 fc $83,258 $45,982 

Outdoor Basketball – Standard pole locations are 15’ outside the fence on the center line 

. 

LSG 110 FBC 2004 w/ 06 

Size Light Level Supplement Price 

SCG Price 

1 Ct 40 fc $27,037 $11,847 

2 Ct 40 fc $35,716 $17,278 

Light-Pak 

Fixtures Light-Pak Price 

8 $7,805 

12 $10,107 

Baseball (90’ Base path) – Standard A-pole locations are 50’ down line and 55’ off for a 90’ base path. 

Standard B-pole locations are 5’ beyond the outfield radius and 10’ off the foul line for a 4-pole design and 

are at a distance down the line of ((Foul Line + Basepath)/2x0.5) and 40’ off the foul line for a 6-pole and 8- 

pole design. Standard C-pole locations are 5’ beyond the outfield radius at an angle of 20 degrees from the 

foul line for a 6-pole design and 10 degrees from the foul line for an 8–pole design. Standard D-pole 

locations are 5’ beyond the outfield radius at an angle of 30 degrees from the foul line for an 8-pole design. 

Size 

Light 

Level 

LSG 110 FBC 2004 w/ 06 

Supplement Price 

SCG Price 

300’ 50/30 fc $130,695 $72,151 

300’ 70/50 fc $189,987 $112,307 

350’ 50/30 fc $157,213 $88,779 

350‘ 70/50 fc $245,355 $140,690 

330’/400’/330’ 50/30 fc $166,622 $91,241 

330’/400’/330’ 70/50 fc $269,642 $152,902 

320’/360’/320’ 50/30 fc $157,041 $84,593 

320’/360’/320’ 70/50 fc $248,851 $141,682 

Softball/T-Ball (60’ Base path) - Standard A-pole locations are 35’ down line and 40’ off for a 60’ base 

path. Standard B-pole locations are 5’ beyond the outfield radius and 10’ off the foul line for a 4-pole design 


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Created on 11/25/2008 10:15:00 AM


and are at a distance down the line of ((Foul Line + Basepath)/2x0.5) and 40’ off the foul line for a 6-pole 

and 8-pole design. Standard C-pole locations are 5’ beyond the outfield radius at an angle of 20 degrees 

from the foul line for a 6-pole design and 10 degrees from the foul line for an 8–pole design. Standard D- 

pole locations are 5’ beyond the outfield radius at an angle of 30 degrees from the foul line for an 8-pole 

design. 

Size 

Light 

Level 

LSG 110 FBC 2004 w/ 

06 Supplement Price SCG Price 

150’ 30 fc $42,832 $22,160 

175’ 50/30 fc $59,765 $30,897 

185’ 50/30 fc $65,123 $34,251 

200’ 50/30 fc $79,740 $39,397 

200’ 70/50 fc $93,465 $51,138 

225’ 50/30 fc $86,187 $44,252 

225’ 70/50 fc $104,235 $58,023 

250’ 50/30 fc $91,249 $49,108 

250’ 70/50 fc $137,593 $81,802 

275’ 50/30 fc $102,191 $56,040 

275’ 70/50 fc $154,773 $95,588 

300’ 50/30 fc $117,435 $65,228 

300’ 70/50 fc $179,099 $105,548 

320’ 50/30 fc $129,519 $72,230 

320 70/50 fc $192,278 $119,595 

Soccer – Standard pole locations for a 4-pole design would be located at a distance of (Field Length/2 – 

((Field Width/2 + Setback) x 0.40)) from the center line, with setbacks from the field as given above. 

Standard outside pole locations for a 6-pole design would be located at a distance of (Field Length/2 – 

((Field Width/2 + Setback) x 0.28) from the center line, with setbacks from the field as given below. 

Size 

Light 

Level 

Setback 

LSG 110 FBC 2004 w/ 

06 Supplement Price 

SCG 

Price 

330’x160’ 30 fc 30’ $69,700 $38,638 

330’x160’ 50 fc $113,807 $71,598 

330’x180’ 30 fc 30’ $90,067 $50,713 

330’x180’ 50 fc $124,839 $81,308 

330’x210’ 30 fc 30’ $97,078 $55,897 

330’x210’ 50 fc $136,895 $86,316 

330’x225’ 30 fc 30’ $103,745 $60,530 

330’x225’ 50 fc $143,936 $90,391 

360’x160’ 30 fc 30’ $90,412 $50,804 

360’x160’ 50 fc $136,895 $86,316 

360’x180’ 30 fc 30’ $90,412 $50,804 

360’x180’ 50 fc $136,895 $86,316 

360’x210’ 30 fc 30’ $103,745 $60,530 

360’x210’ 50 fc $143,936 $90,391 

360’x225’ 30 fc 30’ $109,862 $64,826 

360’x225’ 50 fc $152,995 $100,117 

360’x240’’ 30 fc 30’ $109,862 $64,826 

360’x240’ 50 fc $160,326 $104,981 


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Football – Standard pole locations are located at the 15 yard line, with setbacks from the field as given 

below. 

Size 

Light 

Level Set-back 

LSG 110 FBC 2004 w/ 

06 Supplement Price SCG Price 

No track 30 fc 60’ $90,412 $50,804 

No track 50 fc $140,416 $88,353 

No track 100 fc $251,144 $175,219 

No track 30 fc 80’ $103,681 $60,498 

No track 50 fc $161,322 $90,327 

No track 100 fc $276,730 $185,372 

No track 30 fc 100’ $130,275 $62,615 

No track 50 fc $173,778 $98,020 

No track 100 fc $312,314 $202,604 

No track 30 fc 120’ $152,974 $72,496 

No track 50 fc $219,322 $112,854 

No track 100 fc $364,159 $226,050 

Section II – Adders/Deducts 

A. Florida Building Code, 2004 edition with 2006 supplement for public schools will add up to 15% to 

the price of the job. 

B. Purchase of additional lighting for security, special areas, or replacing lights on existing poles and 

non-standard field sizes or pole locations. 

$ 2,990 per fixture 

C. Control and Monitoring Adder for SCG $7,475 per unit 

D. Additional Control & Monitoring units necessary due to additional electrical services. 

(Base price includes one unit per project) 

$5,000 per unit 

E. Osprey Nest Platforms $2,875 each 

F. Adder for additional spill and glare control $3,335 per pole 

G. Freight adder/deduct based off base bid of 1,195 miles $0.15 per fixture/per mile 

Section III – Labor Costs 

A. Pole Installation (price per pole) 

Pole 

Height 

LSG 110 FBC 

2004 w/ 06 

Supplement 

40’ $2,785 

50’ $3,035 

60’ $3,290 

70’ $3,795 

80’ $4,430 


4 

Created on 11/25/2008 10:15:00 AM


90’ $5,450 

100’ $7,085 

110’ $12,150 

B. Removal of Existing Poles or Structures $4,600 per pole 

C. Installation of Fixtures on Existing Poles $5,175 per pole 

Section IV – Electrical Costs 

A. Service Options 

Option A – 200 Amp Service (Section IV, A, 1) 

Option B – 400 Amp Service (Section IV, A, 1) 

Option C – 600 Amp Service(Section IV, A, 1) 

$11,040 each 

$15,985 each 

$22,425 each 

B. Conduit, Pull Boxes and Conductors 

1. Wiring from Panel to Contactors 

a. Connect wiring from one 3 pole, 30 amp breaker to 

one 3 pole, 30 amp contactor using 3-#6 conductors, 

max distance of 10 feet 

b. Connect wiring from one 3 pole, 60 amp breaker to 

one 3 pole, 60 amp contactor using 3-#4 conductors, 

max distance of 10 feet 

$ 90 each 

$100 each 

2. Wiring from Contactors to Poles 

3. Pull Boxes 

C. Lightning Protection 

a. 2 ½” PVC with (4) 3/0 $ 34 per foot 

b. 4” PVC with (4) 500mcm $ 65 per foot 

c. (2) 4” PVC with (4) 300mcm $ 85 per foot 

d. 2” PVC with (4) #1 THWN conductors $ 26 per foot 

a. Brooks 38T pull box with 8” x 8” x 6” PVC box $ 460 each 

Inside 

b. Connect 4-#1 conductors from pull box to sports 

lighting pole, maximum distance of 10 feet 

$ 110 each 

1. Surge Arrestor – protection at remote electrical enclosure $ 1,035 each 

2. Surge Arrestor – protection on line side of panel $ 8,625 each 

Section V – Engineered Plans 

A. Electrical Engineering Drawings, sealed by P.E. 

3. Adder for 200 amp service $ 5,750 each 

4. Adder for 400 amp service $ 8,625 each 


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Created on 11/25/2008 10:15:00 AM


5. Adder for 600 amp service $13,800 each 

B. Structural Engineering Drawings, sealed by P.E. 

1. Foundation and pole plans based on assumed soils $1,150 per project 

2. Foundation and pole plans based on geotech report $2,875 per project 

C. Geotech report $8,625 per project 

D. Bonding (over $200,000) $1,785 per $100,000 

E. Site survey $2,875 per project 

F. Project management $5,750 per project 

Section VI - Yearly Adjustments 

A. During the term of this contract, technical upgrades to these products may periodically become 

available and will be offered to the owner. Musco reserves the right to supply upgraded technology 

provided it maintains the on-field lighting performance, enhances benefits and does not exceed the 

prices bid when applied to a project application under the current contract provisions. 

B. During the term of this contract if the state of Florida Building Codes/Wind speeds change, Musco 

reserves the right to adjust pricing accordingly. 

I. SPORTS LIGHTING – LIGHT-STRUCTURE GREEN SYSTEM 

A. BASE BID LIGHTING EQUIPMENT 

The primary goals of this sports lighting specification are: 

1. Life Cycle Costs: In order to reduce the operating budget, the preferred lighting system shall 

be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, 

and the fields should be proactively monitored to detect fixture outages over a 25 year life 

cycle. To allow for optimized use of labor resources and avoid unneeded operation of the 

facility, customer requires a remote on/off control system for the lighting system. 

2. Environmental Light Control: It is the primary goal of this project to minimize spill light and 

glare. 

3. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players 

and the enjoyment of spectators. Therefore the lighting system shall be designed such that the 

light levels are guaranteed for a period of 25 years. 

B. LIGHTING PERFORMANCE / PLAYABILITY 

The manufacturer shall supply lighting equipment to meet the following performance and life 

cycle cost criteria: 

1. Playing surfaces shall be lit to an average constant light level and uniformity as specified per 

the bid sheet. Light levels shall be held constant for 5000 hours. Lighting calculations shall be 

developed and field measurements taken on the grid spacing with the minimum number of grid 

points specified on the bid sheet. Measured average illumination level shall be +/- 10% of 

predicted mean in accordance with IESNA RP-6-01, and measured at the first 100 hours of 

operation. 


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Created on 11/25/2008 10:15:00 AM


2. Manufacturer shall provide computer models guaranteeing light levels on the field for 25 years 

with a recoverable light loss factor of .7 in all applications. 

C. LIFE CYCLE COST 

1. Energy Consumption: The kWh consumption for the field lighting system shall be calculated by 

the following criteria: 

# luminaries x kw demand x kw rate of .22/hr x annual usage of 400 hours x 25 years. Tennis 

courts, skate parks, roller hockey and outdoor basketball courts will be based on an annual 

usage of 1,000 hours. 

2. Complete Lamp Replacement: Manufacturer shall include the appropriate number of group 

lamp replacements to be completed at end of each 5000 hours of operation. For the purpose 

of the bid, it is assumed that the field(s) will be operated 400 hours per year or 10,000 hours 

during a 25 year period. Manufacturer shall warrant the system to meet designed light levels 

upon completion of these relamps. 

3. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot 

maintenance, including parts and labor for 25 years on the system from the date of equipment 

delivery. Lamp outages shall be repaired when they materially impact the usage of any field. 

Owner agrees to check fuses and maintain as necessary in the event of a fixture outage prior to 

calling the manufacturer. 

4. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer 

if individual luminaire outage is detected so that appropriate maintenance can be scheduled. 

The manufacturer shall notify the owner of outages within 24 hours, or the next business day. 

The controller shall determine switch position (Manual or Auto) and contactor status (open or 

closed). 

5. Remote Lighting Control System: System shall include lighting contactors. System shall allow 

owner and users with a security code to schedule on/off system operation via a web site, 

phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a twoway 

TCP/IP communication link. Trained staff shall be available 24/7 to provide scheduling 

support and assist with reporting needs. 

The owner may assign various security levels using a user code and password to schedulers 

by function and/or fields. This function must be flexible to allow a range of privileges such as full 

scheduling capabilities for all fields, to only having permission to execute “early off” commands 

by phone or extend the field usage. 

On site equipment shall include Manual Off-On-Auto Switches to allow for maintenance, and 

shall accept and store 7-day schedules. The controller shall be protected against power 

outages / memory loss and shall reboot once power is regained and execute any commands 

that would have occurred during outage. 

6. Management Tools: Manufacturer shall make available a web-based database of actual field 

usage and provide reports by facility and user group. 

7. Communication Costs: Manufacturer shall include communication costs for operating the 

controls and monitoring system for a period of 25 years. 

II. 

SPORTS LIGHTING - SPORTSCLUSTER GREEN SYSTEM 

A. BASE BID LIGHTING EQUIPMENT 

The primary goals of this sports lighting specification are: 

1. Life Cycle Costs: In order to reduce the operating budget, the preferred lighting system shall 

be energy efficient and cost effective to operate. 


7 

Created on 11/25/2008 10:15:00 AM


2. Environmental Light Control: It is the primary goal of this project to minimize spill light and 

glare. 

3. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players 

and the enjoyment of spectators. Therefore the lighting system shall be designed such that the 

light levels are guaranteed for a period of 10 years. 

B. LIGHTING PERFORMANCE / PLAYABILITY 

The manufacturer shall supply lighting equipment to meet the following performance and life 

cycle cost criteria: 

1. Playing surfaces shall be lit to an average constant light level and uniformity as specified per 

the bid sheet. Light levels shall be held constant for 5000 hours. Lighting calculations shall be 

developed and field measurements taken on the grid spacing with the minimum number of grid 

points specified on the bid sheet. Measured average illumination level shall be +/- 10% of 

predicted mean in accordance with IESNA RP-6-01, and measured at the first 100 hours of 

operation. 

2. Manufacturer shall provide computer models guaranteeing light levels on the field for 10 years 

with a recoverable light loss factor of .7 in all applications. 

C. LIFE CYCLE COST 

1. Energy Consumption: The average kWh consumption shall be calculated by the following 

criteria: # luminaries x kw demand x kw rate of .22/hr x annual usage of 400 hours x 25 years. 

Tennis courts, skate parks, roller hockey and outdoor basketball courts will be based on an 

annual usage of 1,000 hours. 

III. 

LIGHTING SYSTEM CONSTRUCTION 

A. SYSTEM DESCRIPTION 

Lighting system shall consist of the following: 

1. Galvanized steel poles and crossarm assembly (LSG Only) 

2. Pre-stressed concrete base embedded in concrete backfill (LSG Only) 

3. All luminaires shall be constructed with a die-cast aluminum housing to protect the luminaire 

reflector system. 

4. Luminaire, visor, and crossarm shall withstand 150 mph winds and maintain luminaire aiming 

alignment. 

5. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum 

enclosures mounted approximately 10’ above grade. The enclosures shall include ballast, 

capacitor and fusing for each luminaire. Safety disconnect per circuit for each pole structure 

will be located in the enclosure. 

6. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections 

for fast, trouble free installation. 

7. Controls and Monitoring Cabinet to provide on-off control and monitoring of the lighting system, 

constructed of NEMA Type 4 aluminum. Communication method shall be provided by 

manufacturer. Cabinet shall contain custom configured contactor modules for 30, 60, and 100 

amps, labeled to match field diagrams and electrical design. Manual Off-On-Auto selector 

switches shall be provided. (Standard LSG/Optional SCG) 

B. MANUFACTURING REQUIREMENTS 

All components shall be designed and manufactured as a system. All luminaires, wire harnesses, 

ballast and other enclosures shall be factory assembled, aimed, wired and tested. 


8 

Created on 11/25/2008 10:15:00 AM


C. DURABILITY 

All exposed components shall be constructed of corrosion resistant material and/or coated to help 

prevent corrosion. All exposed steel shall be hot dip galvanized per ASTM A123. All exposed 

hardware and fasteners shall be stainless steel of at least 18-8 grade, passivated and polymer 

coated to prevent possible galvanic corrosion to adjoining metals. All exposed aluminum shall be 

powder coated with high performance polyester. All exterior reflective inserts shall be anodized, 

coated with a clear, high gloss, durable fluorocarbon, and protected from direct environmental 

exposure to prevent reflective degradation or corrosion. All wiring shall be enclosed within the 

crossarms, pole, or electrical components enclosure. 

D. LIGHTNING PROTECTION 

All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor 

shall supply and install a ground rod of not less than 5/8” in diameter and 8’ in length, with a 

minimum of 10’ embedment. Ground rod should be connected to the structure by a copper main 

down conductor with a minimum size of #2 for poles with less than 75’ mounting height and 2/0 for 

poles with more than 75’ mounting height. 

E. SAFETY 

All system components shall be UL Listed for the appropriate application. 

F. ELECTRIC POWER REQUIREMENTS FOR SPORTS LIGHTING EQUIPMENT 

Maximum total voltage drop to the disconnect switch located on the poles shall not exceed 3 

percent of rated voltage. 

1. Voltage/Phase to be determined for each specific site. 

IV. 

DELIVERY TIMING 

The equipment must be on site 4-6 weeks from the receipt of approved submittals and receipt of 

complete order information. 

V. STRUCTURAL PARAMETERS 

VI. 

A. BUILDING CODE 

The base bid of the lighting system must comply with Florida Building Code Edition 2004, w/ 2006 

supplement, 110 mph. Second option is Florida Building Code Edition 2004 w/ 2006 supplement, 

140 mph. 

B. STRUCTURAL DESIGN 

The stress analysis and safety factor of the poles shall conform to AASHTO Standard Specifications 

for Structural Supports for Highway Signs, Luminaires and Traffic Signals. 

C. SOIL CONDITIONS 

The design criteria for these specifications are based on soil design parameters as outlined in the 

geotechnical report. If a geotechnical report is not provided by the owner, the foundation design 

shall be based on soils that meet or exceed those of a Class 5 material as defined by 2004 FBC, 

Table 1804.2. 

D. FOUNDATION DRAWINGS 

Project specific foundation drawings stamped by a registered engineer in the state where the 

project is located are required. The foundation drawings must list the moment, shear (horizontal) 

force, and axial (vertical) force at ground level for each pole. These drawings must be submitted 

within 14 days of purchase. 

FIELD QUALITY CONTROL 

A. ILLUMINATION MEASUREMENTS 

Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, 

Owner's Representative, and Manufacturer's Representative, illumination measurements shall be 

taken and verified. The illumination measurements shall be conducted in accordance with IESNA 


9 

Created on 11/25/2008 10:15:00 AM


RP-6-01, Appendix B. 

VII. POLE CONSTRUCTION, POLE REMOVAL, AND RELIGHT 

A. POLE INSTALLATION 

Provide pricing for labor to install owner furnished poles & fixtures. Price will include unloading of 

the equipment upon arrival to job site, excavation of holes, assembly of the poles and luminaires, all 

wiring from the remote electrical enclosure to the luminaires, proper grounding, installation of the 

pre-stressed foundations with concrete backfill, pole erection and aiming. Installation assumes 

standard soils of 2000 psf with no rock or abnormal collapsing holes. 

B. REMOVAL OF EXISTING POLES OR STRUCTURES 

Provide pricing for labor to take down existing poles, structures and fixtures and remove them to a 

staging area on the job site designated by the owner. Concrete and steel poles will be completely 

removed. Poles will be cut at base – foundations will not be removed but cut and jack-hammered 

to a foot below grade. Wood poles may be cut off 2 feet below grade, as long as the stumps are 

covered back with soil. 

C. INSTALLATION OF FIXTURES ON EXISTING POLES 

Provide pricing for labor to take down existing fixtures and remove them to a staging area on the 

job site designated by the owner. The cost will also include labor to install the new fixtures on the 

existing structure. Installation assumes that the pole structure and wiring will be sufficient to handle 

the new fixtures. Owner assumes all responsibility of structural integrity of existing poles. 

D. OWNER AND BIDDER RESPONSIBILITIES 

1. Owner’s Responsibilities: 

a. Total access to the site and pole locations for construction. Must be able to move from 

location to location on standard rubber tires – no towing required. 

b. Survey in pole locations, mark home plate, foul lines and field boundary lines. 

c. Removal of any trees, limbs, etc. for total access to pole locations. 

d. Removal and replacing of all fencing. 

e. Repair and replacement of any field turf, asphalt, and/or concrete damage. 

f. Locate existing underground utilities including irrigation systems. 

g. Pay for all permitting costs. 

h. Extra costs associated with foundation excavation and construction in non-standard soils 

(rock, caliche, high water table, collapsing holes, alluvial soils, etc.). Standard soils are 

defined as Class 5 soils in Table 1804.2 in the 2004 edition of the Florida Building Code 

and can be excavated using standard earth auguring equipment. 

i. Provide primary transformer to within 150’ of site. 

j. Provide a source for water (I.E. Fire Hydrant or 2” water line). 

k. Provide adequate trash container for cardboard waste. 

2. Bidder’s Responsibilities: 

a. Provide required poles, fixtures, and foundations and associated designs. 

b. Provide structural design for poles and foundations, certified by a professional engineer 

licensed in the State. 

c. Provide layout of pole locations and aiming diagram. 

d. Provide light test upon owner supplied electrical system. 

e. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 

f. Secure required permits, owner to pay cost of permits. 

g. Provide equipment and materials to install poles and foundations as specified on layout. 

h. Provide and install ground rods (one per pole location) for lightning protection per NFPA 

780 Code. Poles 70’ and below require a #2 ground wire. Poles 80’ and above require 2/0 

ground wire. Ground rods to be 3/4”x10’ or 5/8”x8’ with a 10’ embedment. 

i. Provide materials and equipment to assemble fixtures. 


10 

Created on 11/25/2008 10:15:00 AM


j. Provide equipment and materials to assemble and erect poles. 

k. Provide equipment and materials to remove spoils from jobsite. 

l. Provide bonding per State of Florida requirements 

VIII. ELECTRICAL SUPPLY LABOR/EQUIPMENT 

A. ELECTRICAL SERVICES 

All services are to be quoted at 277/480 volt three phase. Base all service feeders on a length of 

150 feet at a burial depth of 36” with no obstructions in the path. Provide lump sum costs for 

equipment and labor to install each of the following three options: 

1. Option A 

a. 200 amp three phase meter can 

b. 200 amp main circuit breaker N3R 42 circuit panel with 8 three pole 30 amp breakers. 

c. Service feeders. (4) 3/0 conductors in a 2 ½” raceway. 150’ 

d. Build Service Rack out of 2” galvanized pipe with galvanized uni-strut to accommodate 

meter can, electrical panel and one lighting contactor cabinet sized at 72” high, 36” wide 

and 12” deep. The lighting contactor will be provided by the sports lighting manufacturer 

and installed. 

e. Pull necessary permits 

2. Option B 



c. Service feeders. (4) 500 mcm conductors in a 4” raceway. 150’ 






3. Option C 



c. Service feeders. (2) 4” raceways with (4) 300 mcm conductors in a 4” raceway. 150’ 






B. CONDUIT, PULL BOXES AND CONDUCTORS 

Provide equipment and labor to install conduit, pull boxes and conductors. All installations are to be 

in pvc schedule 40 pipe at a burial depth of 36” with twin conductors. 

C. LIGHTNING PROTECTION 

Surge Arrestors: UL labeled and rated for 277/480V, 3 phase, 4 wire, as manufactured by Erico 

(TDX-50) or equal and shall be attached to the bottom of the remote ballast enclosure and/or on 

line side of main electrical panel. 


11 

Created on 11/25/2008 10:15:00 AM


ACORDTM 

PRODUCER 

PO Box 9207 


11/24/08 

Holmes Murphy & Assoc - WDM 

CERTIFICATE OF LIABILITY INSURANCE 

1-800-247-7756 

DATE (MM/DD/YY) 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 

HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 

Des Moines, IA 50306-9207 

INSURERS AFFORDING COVERAGE 

INSURED 


Attn: Karyl Thomas 

P O Box 808 

Oskaloosa, IA 52577 

COVERAGES 

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 

MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 

POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 

INSR 

LTR TYPE OF INSURANCE POLICY NUMBER 

A 

A 

GENERAL LIABILITY 

X COMMERCIAL GENERAL LIABILITY 

CLAIMS MADE X OCCUR 

X Contractual Liab 

GEN’L AGGREGATE LIMIT APPLIES PER: 

PRO- 

POLICY X JECT X LOC 

AUTOMOBILE LIABILITY 2E5362509 

X ANY AUTO 

X 

X 

ALL OWNED AUTOS 

SCHEDULED AUTOS 

HIRED AUTOS 

NON-OWNED AUTOS 

2D5362509 

INSURER A: Employers Mutual Casualty Co. A- XII 

INSURER B: St. Paul Fire & Marine Insurance Company A XV 

INSURER C: Employers Mutual Casualty Co. A- XII 

INSURER D: 

INSURER E: 

POLICY EFFECTIVE 


07/01/08 

07/01/08 

POLICY EXPIRATION 


07/01/09 

07/01/09 

LIMITS 

EACH OCCURRENCE $ 1,000,000 

FIRE DAMAGE (Any one fire) $ 300,000 

MED EXP (Any one person) 

PERSONAL & ADV INJURY 

GENERAL AGGREGATE 

PRODUCTS - COMP/OP AGG 

COMBINED SINGLE LIMIT 

(Ea accident) 

BODILY INJURY 

(Per person) 

BODILY INJURY 

(Per accident) 

$ 15,000 

$ 1,000,000 

$ 2,000,000 

$ 2,000,000 

$ 1,000,000 

$ 

$ 

PROPERTY DAMAGE 

(Per accident) 

$ 

GARAGE LIABILITY 

AUTO ONLY - EA ACCIDENT 

$ 

B 

ANY AUTO 

EXCESS LIABILITY 

X 

OCCUR 

CLAIMS MADE 

QK05501368 

07/01/08 

07/01/09 

OTHER THAN 

AUTO ONLY: 

EACH OCCURRENCE 

AGGREGATE 

EA ACC 

AGG 

$ 

$ 

$ 1,000,000 

$ 1,000,000 

$ 

DEDUCTIBLE 

$ 

A 

C 

A 

A 

A 

WORKERS COMPENSATION AND 

EMPLOYERS’ LIABILITY 

OTHER 

RETENTION $ 

Leased/Rented Equipment 

2S5362509 

2Z5362509 

2P5362509 

2M5362509 

2C5362509 

07/01/08 

07/01/08 

07/01/08 

07/01/08 

07/01/08 

07/01/09 

07/01/09 

07/01/09 

07/01/09 

07/01/09 

$ 

X WC STATU- OTH- 

TORY LIMITS ER 

E.L. EACH ACCIDENT $ 500,000 

E.L. DISEASE - EA EMPLOYEE $ 500,000 

E.L. DISEASE - POLICY LIMIT $ 500,000 

Limit 

Deductible 

300,000 

10,000 

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 

RE: Clay County Piggyback 08-10, No. 138581 

Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay 

County, Florida; and all public agencies of Clay County are included as Additional Insureds on the GL 

policy as their interests may appear. 

CERTIFICATE HOLDER 

ADDITIONAL INSURED; INSURER LETTER: 



477 Houston Street 


USA 

CANCELLATION 

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 

DAYS WRITTEN 

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 

REPRESENTATIVES. 

AUTHORIZED REPRESENTATIVE 

ACORD 25-S (7/97) ssteinbachwdsm 

cO ACORD CORPORATION 1988 

10389107 

30


IMPORTANT 

If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement 

on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may 

require an endorsement. A statement on this certificate does not confer rights to the certificate 

holder in lieu of such endorsement(s). 

DISCLAIMER 

The Certificate of Insurance on the reverse side of this form does not constitute a contract between 

the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it 

affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 

ACORD 25-S (7/97)















Quotation Price – Turnkey Installation and Materials 

Boys & Girls Club Park T-ball Field 

Wellington, FL 

Date: June 28, 2011 

To: Bruce Wagner 

Pricing per Clay County Bid 08/09-3 

Musco’s Light Structure Green as described below and delivered to the job site $65,331. 

Equipment Description 

Light Structure Green System delivered to your site in Five Easy Pieces 

• Pre-cast concrete bases 

• Galvanized steel poles 

• UL Listed remote electrical component enclosures 

• Pole length wire harness 

• Factory-aimed and assembled luminaires 

Also Includes: 

• Energy savings of more than 50% over a standard lighting system 

• 50% less spill and glare light than Musco’s prior industry leading technology 

• Musco Constant 25 warranty and maintenance program that eliminates 100% of your maintenance 

costs for 25 years, including labor and materials 

• Guaranteed constant light level of 50fc infield, 30 fc outfield for 25 years, +/- 10% per IESNA RP-06-01 

• 2 group re-lamp(s) at the end of the lamps’ rated life, 5000 hours 

• Control Link ® Control & Monitoring System for flexible control and solid management of your lighting 

system 

Field Description Quantity Pricing Per Clay County Extended Price 

(Sect I) Softball/Tball 1 $59,765.00 $59,765.00 

(Sect III A) Installation of 50' poles 2 $3,035.00 $6,070.00 

(Sect IV A) 200 amp service 1 $11,040.00 $11,040.00 

(Sect IV B) Wiring from Panel to Contactors 2 $100.00 $200.00 

(Sect IV B 2) Wiring from Contactors to Poles 400 $34.00 $13,600.00 

(Sect V B 1)Structural Engineering 1 $1,150.00 $1,150.00 

(Sect IV B 3) Pull Boxes 2 $460.00 $460.00 

(Sect V F) Project Management 1 $5,750.00 $5,750.00 

Deducts: Design Parameters -$32,704.00 

Total $65,331.00 

Sales tax is not included as part of this quote. 

Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. 

Payment Terms 

Payment of 25% of the contract price is required with order. The contract balance is due 

no later than 30 days after invoice date.


Late payment will be subject to service charges of 1 ½% per month (18% APR). 

Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule. It 

will be the responsibility of the wholesaler to ensure that Musco is aware of this delivery timeframe. We will expect 

payment within the terms described above unless there is a written statement from Musco’s corporate 

headquarters stating the acceptance of different terms. 

Delivery to the job site from the time of order, submittal approval, and confirmation of order details 

including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light 

control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations 

after the product is sent to production could result in additional charges. 

Notes 

Quote is based on: 

• Shipment of entire project together to one location 

• Field size of 125’ radius for (1) t-ball field 

• Structural code and wind speed = 2007 FBC, 140 MPH Exposure C 

• Confirmation of pole locations prior to production 

Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. 

Jason Frucht 

Sales Representative 


1250 Pine Island Road 

Plantation, FL 33324 

Phone: 1-800-756-1205 EXT 6393 

Cell: 954-732-5674 

E-mail: Jason.frucht@musco.com 

Light Structure Green Turnkey Scope of Work 

Community Park T-ball 

Wellington, FL 

Owner Responsibilities: 

1. Total access to the site and pole locations for construction. Must be able to move from location to location 

on standard rubber tires – no towing required. 

2. Survey in pole locations and aiming points (one per field) for sighting in lighting cross-arms. Final grade 

elevations will also need marked if necessary. 

3. Removal of any trees, limbs, shrubs, etc. for total access to pole locations. 

4. Removal, replacement, and repair of all fencing necessary for construction. 

5. Repair and replacement of any field turf, asphalt, curbs, and concrete damage. 

6. Locate and mark existing irrigation systems prior to excavation. 

7. Pay for all permitting costs as required. 

8. Extra costs associated with foundation excavation and construction in non-standard soils (rock, caliche, 

high water table, collapsing holes, alluvial soils, etc.). Standard soils are defined as Class 5 soils in Table 

1804.2 in the 2004 edition of the Florida Building Code and can be excavated using standard earth 

auguring equipment. 

9. Provide primary transformer to within 150 feet of site. 

10. Provide a source of water such as a fire hydrant or 2” water line for foundation excavation.


Musco Responsibilities / Musco Subcontractor Responsibilities: 

1. Provide required poles, fixtures, foundations, and associated designs. 

2. Provide structural design for poles and foundations, certified by a professional engineer licensed in the 

State of Florida. 

3. Provide layout of pole locations and aiming diagram. 

4. Provide light test upon owner supplied electrical system. 

5. Provide Project Management assistance as needed. 

6. Provide review of electrical design as provided by Electrical Contractor or Electrical Engineer. 

7. Provide electrical design by Electrical Engineer if required. 

8. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 

9. Provide storage containers for material as necessary. 

10. Provide adequate trash container for cardboard waste and packing debris. 

11. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during 

the installation. 

12. Obtain required permits, owner to pay cost of permits. Subcontractor to advise Musco of costs to 

subcontractor, if any, before proceeding with permitting. 

13. Provide materials and equipment to install or upgrade existing electrical service panels as required or 

necessary. This needs to be defined in the electrical design. 

14. Provide materials and equipment to install all underground conduit, wiring, pull boxes, switchgear, etc. and 

terminate wiring as required per electrical design. 

15. Make appropriate contact to ensure utility locates have been done prior to excavation and trenching. 

Repair any such damage to existing utilities during construction. 

16. Provide materials and equipment to install (2) Light Structure System foundations as specified on Layout. 

17. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code. Poles 

70’ and below require a #2 ground wire. Poles 80’ and above require 2/0 ground wire. Ground rods to be 

3/4”x10’ or 5/8”x10’ with a 10’ embedment. Ground rods must be installed in soil, not in the concrete 

backfill. 

18. Remove augured spoils to owner-designated location at jobsite. 

19. Provide materials and equipment to assemble and install (10) Light Structure Green fixtures and 

terminate all necessary wiring. 

20. Provide equipment and materials to assemble and erect (2) Light Structure System Poles. 

21. Verify aiming points have been located and are correct before sighting in lighting cross-arms. 

22. Provide equipment and materials to install the new Lighting Contactor Cabinet(s) and terminate all 

necessary wiring. 

23. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319) and going 

through the following steps: 

a. Check all Zones to make sure they work in both auto and manual mode. 

b. 1 hour comprehensive burn of all lights on each zone. 

c. Set base line for the DAS (Data Acquisition System) 

24. Keep all heavy equipment off of playing fields and surfaces when possible using due care to minimize 

damages. 

25. Provide startup and aiming as required to provide complete and operating sports lighting system.


6. G 



AGENDA ITEM NAME: RESOLUTION R2011-57 (PALM BEACH COUNTY SHERIFF'S OFFICE 

FY2012 BUDGET AND CONTRACT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL APPROVING AND AUTHORIZING 

THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH PALM BEACH COUNTY 

SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; AND PROVIDING AN EFFECTIVE 

DATE. 





No 

FIRST READING 


REQUEST: Approval of Resolution R2011-57 for the Palm Beach County Sheriff's Office FY2012 

budget and contract. 

EXPLANATION: The Current Law Enforcement Services Agreement (LESA) approved on 

September 26, 2006 (R2006-102) with the Palm Beach County Sheriff’s Office included five (5) 

annual renewals. The fifth and final renewal expires on September 30, 2011. In accordance with the 

current agreement the Sheriff’s Office has submitted a proposed budget for FY2012 (attached). This 

proposal of $7,578,981.00 reflects no increase in cost as compared to the current FY2011 

agreement. 

A new five (5) year agreement has been drafted (attached). The proposed agreement: 

• Incorporates the proposed $7,578,981 funding for the FY2012 

• Provides for four (4) additional annual renewals through September 30, 2016 

• Reduces and limits certain “extra duty” costs incurred by Wellington 

• Provides meaningful financial General Ledger Reports twice annually. 


FISCAL IMPACT: The proposed FY2012 Sheriff’s budget of $7,578,981.00 is included in the 

FY2012 Wellington budget under Contractual Services – Sheriff’s Contract – Direct. 


RECOMMENDATION: Approval of Resolution R2011-57 for the Palm Beach County Sheriff’s Office 

FY2012 budget and contract.


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RESOLUTION NO. R2011-57 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO 

EXECUTE AN AGREEMENT WITH PALM BEACH COUNTY 

SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; 

AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, since incorporation, Wellington has contracted with the Sheriff’s Office to 

provide law enforcement services for the Village of Wellington; and 

WHEREAS, the Palm Beach County Sheriff’s Office and Wellington’s staff have 

negotiated a five (5) year contract effective October 1, 2011 through September 30, 2016, for 

the continuation of the provision of law enforcement services in Wellington by the Sheriff’s 

Office, a copy of which is attached hereto as Exhibit “A”. 

WHEREAS, Article 5.1 of the Agreement provides that the total compensation for all 

services beginning October 1, 2011 through September 30, 2012 shall be $7,578.981.00 and 

reflects no increase in cost, maintains the same level of service with no staffing increases as 

compared to Fiscal Year 2010/2011; and 

WHEREAS, Article 5.2 of the Agreement provides that the total amount due for all law 

enforcement services for subsequent years shall be based upon the proposed costs submitted 

by the Sheriff during Wellington’s budget process and approved by Wellington’s Council; and 

WHEREAS, Staff recommends that the Wellington Council approve the proposed 

Agreement for Law Enforcement Services between Wellington and the Palm Beach County 

Sheriff’s Office. 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S COUNCIL, 

that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified as being true and 

correct. 

SECTION 2. The Wellington Council hereby approves the Agreement for Law 

Enforcement Services by and between the Palm Beach County Sheriff’s Office and the Village 

of Wellington, attached hereto as Exhibit “A”, and authorizes the Mayor and Clerk to execute 

the Agreement. 

SECTION 3. This Resolution Shall become effective immediately upon adoption. 

PASSED AND ADOPTED this 23 rd day of August 2011. 

ATTEST: 


BY:________________________________ By: ____________________________ 

Awilda Rodriguez, Wellington Clerk 

Darell Bowen, Mayor


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LEGAL SUFFICIENCY 

BY: ____________________________________ 

Jeffrey S. Kurtz, Esq., Attorney for Wellington


AGREEMENT FOR LAW ENFORCEMENT SERVICES BY AND BETWEEN THE 

PALM BEACH COUNTY SHERIFF’S OFFICE AND WELLINGTON 

This Agreement is made by and between the VILLAGE OF WELLINGTON, a municipal 

corporation organized and existing under the laws of the State of Florida which municipality is 

wholly located within the boundaries of Palm Beach County, Florida (hereinafter referred to as 

“WELLINGTON”) and Ric L. Bradshaw, Sheriff of Palm Beach County Sheriff’s Office, 

Florida, (hereinafter referred to collectively as “SHERIFF”). 

W I T N E S S E T H: 

WHEREAS, Wellington is desirous of maintaining a high level of competent 

professional law enforcement services in conjunction and harmony with its fiscal policies of 

sound, economical management; and 

WHEREAS, the SHERIFF has agreed to provide Wellington a high level of professional 

law enforcement services and Wellington is desirous of contracting for such services upon the 

terms and conditions hereinafter set forth; and 

WHEREAS, WELLINGTON is desirous of obtaining its law enforcement services 

through a contractual relationship with the SHERIFF. 

NOW THEREFORE, in consideration of the sums hereinafter set forth and for other 

good and valuable considerations, the receipt and legal sufficiency of which are hereby 

acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 

ARTICLE 1 – DEFINITIONS 

1.1 For the purposes of this Agreement, the following terms shall have the respective meanings 

hereinafter set forth: 

A. District Commander shall mean an exempt employee who is appointed by the SHERIFF 

as a deputy sheriff holding the rank of captain who shall perform duties and functions as 

specifically set forth in Article 2 of this Agreement. 

B. Executive Officer shall mean a non-exempt employee who is appointed by the SHERIFF 

as a deputy sheriff holding the rank of lieutenant who shall perform duties and functions 

as specifically set forth in Article 2 of this Agreement. 

C. Sergeant shall mean an individual who is appointed by the SHERIFF as a deputy sheriff 

who shall plan, direct, patrol, supervise, and/or perform the activities of a deputy sheriff 

as set forth in Article 2 of this Agreement. 

D. Deputy Sheriff shall mean an individual, other than those described in A, B, and C above, 

who is appointed by the SHERIFF in accordance with Section 30.07, Florida Statutes, 

1


and who has executed any necessary oath which is required by law to serve in the 

position of a certified law enforcement deputy sheriff and perform the duties and 

responsibilities as set forth in Article 2 of this Agreement. 

E. Administrative Assistant shall mean a civilian employee of the SHERIFF who performs 

general office and clerical functions at the SHERIFF’s District Office as directed by the 

District Commander and the Executive Officer as set forth in Article 2 of this Agreement. 

F. School Crossing Guard shall mean a part-time civilian employee of the SHERIFF 

assigned to provide safe crossing for students attending schools within the boundaries of 

WELLINGTON as set forth in Article 2 of this Agreement. 

G. Law Enforcement Aide shall mean a full-time civilian employee of the SHERIFF 

assigned to law enforcement related duties and responsibilities assisting a deputy sheriff 

as set forth in Article 2 of this Agreement. 

H. Patrol Unit shall mean one staffed marked patrol car and all standard equipment as 

defined by the SHERIFF’s general orders. 

I. District Office shall mean the law enforcement office space provided by WELLINGTON 

as set forth in Articles 4 and 5, located within WELLINGTON’S boundaries. 

J. Service shall mean comprehensive law enforcement protection provided each day of the 

year on a twenty-four (24) hour per day basis. 

K. City Manager shall mean the chief administrative officer of WELLINGTON and shall 

include any individual employed by WELLINGTON or any contracted third party who is 

delegated to perform the duties and responsibilities of the management and oversight of 

WELLINGTON functions related to law enforcement services. 

L. Criminal Justice Planner shall mean a full time civilian employee of the SHERIFF who, 

under the direction of the District Commander, oversees contractual compliance matters, 

maintains the District law enforcement strategic plan, and assists with other reporting 

requirements as set forth in Article 2 of this Agreement. 

M. Law Enforcement Services Plan (LESP) shall mean an annual proposal generated by the 

Sheriff and submitted for approval by Wellington as provided for in Section 2.3 of this 

Agreement. 

ARTICLE 2 – LEVELS OF SERVICE 

2.1 Law Enforcement Patrol Services 

A. The SHERIFF shall provide to WELLINGTON, for the term hereinafter set forth, as the 

same may be extended in accordance with the provisions hereof, competent professional 

2


law enforcement services within and throughout the corporate limits of WELLINGTON 

to the extent and in the manner herein described. 

B. The SHERIFF shall assign personnel to provide the level of professional law enforcement 

services as established in Exhibit A, attached hereto and incorporated herein, and revised 

each year in accordance with Section 2.3, utilizing the staff structure as provided herein. 

1. The SHERIFF shall provide WELLINGTON the full staffing for all sworn 

law enforcement personnel. 

2. Relief factors shall include replacement deputy sheriffs for days off, vacation, 

sick leave, family medical leave, workers’ compensation, training, range 

qualification, court appearance, and roll call time. Modifications to relief 

factor types may be made through mutual agreement of WELLINGTON and 

the SHERIFF on an annual basis. 

C. Law enforcement services shall encompass all those duties and functions of the type 

coming with the jurisdiction of, and customarily provided by, municipal police 

departments, which include arrest of criminal offenders and citations issued to traffic 

violators, code enforcement, crime prevention, traffic control, testifying in court, 

community policing, high visibility patrol within WELLINGTON (including all 

WELLINGTON facilities and parks), and other duties in accordance with the SHERIFF’s 

general orders, the WELLINGTON Charter and ordinances, Palm Beach County Charter 

and ordinances that are applicable within WELLINGTON , and statutes of the State of 

Florida. Performance of all duties of sheriff’s deputies shall be in accordance with 

Sheriff’s Office General Orders and any applicable Collective Bargaining Agreement. 

Additionally, law enforcement patrol services shall encompass response to alarm calls, 

and the SHERIFF shall respond to alarm calls consistent with the Palm Beach County’s 

Alarm Ordinance as it may from time-to-time be amended. 

D. The SHERIFF shall provide WELLINGTON, upon the request of the WELLINGTON, 

such supplemental law enforcement services of a deputy sheriff or sergeant, beyond those 

services described herein, as may be needed from time-to-time that cannot be 

accommodated through flexible scheduling of on-duty sheriff’s deputies. Compensation 

shall be in accordance with Article 5.3. Those services typically include, but are not 

limited to, providing services at: 

1. Council meetings. 

2. Board and Committee meetings. 

3. Special Events sponsored by WELLINGTON. 

4. Short-term and temporary increases in law enforcement road patrol services. 

E. Direct law enforcement patrol supervision shall be provided by the assignment of a 

Sergeant or higher ranking officer each day of the year, twenty-four (24) hours per day. 

Sergeants shall not be included in calculating the deputy sheriff staffing requirements set 

forth in this agreement. 

3


F. The Law Enforcement Aide shall provide services in the District Office, including walkin 

complaints, preparing reports, logs and schedules, filing, fingerprinting, equipment 

certification, and other related duties as assigned by the District Commander. 

G. The School Crossing Guards shall provide assistance for the purpose of protecting 

children while crossing the roadways in and around schools located within 

WELLINGTON. School Crossing Guards shall be present prior to school opening and at 

the close of each regularly scheduled school day. 

H. The Criminal Justice Planner shall perform monthly law enforcement analysis and assist 

in the development and maintenance of the annual Law Enforcement Services Plan 

(LESP). 

I. SHERIFF’S personnel shall respond to and render law enforcement services in 

accordance with the performance measures and standards contained within the annual 

Law Enforcement Services Plan as prepared by the District Commander and presented to 

WELLINGTON. 

J. The District Office shall minimally be open during normal business hours, Monday 

through Friday, from the hours of 8:00 a.m. until 4:30 p.m. 

K. Each patrol unit shall prominently display on the vehicle’s exterior “Wellington”. 

2.2 Executive and Administrative Services 

A. Without impairing the rights of the SHERIFF as an employer as provided in Article 3, the 

SHERIFF will review with and receive input from WELLINGTON prior to the selection 

of the District Commander, who shall regularly meet and confer with the City Manager 

or designee. 

B. Performance of all duties and responsibilities of the District Commander and the 

Executive Officer shall be completed without overtime compensation or additional 

charges. When the Executive Officer is acting in the capacity of the District Commander 

due to the District Commanders absence or unavailability, WELLINGTON shall not be 

responsible for any overtime compensation or additional charges for the Executive 

Officer acting in that capacity. 

C. Performance of all duties and responsibilities of the Executive Officer, except as outlined 

in 2.2B, shall be in accordance with SHERIFF’s general orders, any applicable collective 

bargaining agreements, and this AGREEMENT. 

2.3 Administrative Responsibilities 

A. The Executive Officer shall serve as the assistant District Commander and perform those 

duties and responsibilities consistent with the SHERIFF’s general orders, any applicable 

4


collective bargaining agreements, and this Agreement under the direction of the District 

Commander. 

B. The District Commander shall prepare a Law Enforcement Services Plan reflecting the 

mission of WELLINGTON as a choice community with a focus on recreation, education, 

growth management and the environment. 

The Law Enforcement Services Plan shall include, at a minimum: 

1. Mission Statement establishing law enforcement direction. 

2. Performance Standards indicative of excellence in law enforcement services, 

including, but not limited to, response times, proactive patrol times, crime rates and 

clearance rates. Analysis may also include citizen satisfaction and complaint levels 

as mutually agreed to by WELLINGTON and the SHERIFF. 

3. Goals and Objectives to ensure achievement of performance standards. 

4. Formal review and analysis of law enforcement activity, including the exploration of 

alternative law enforcement options, impact of future growth and planned 

development, identification of strengths, weaknesses, opportunities, trends and 

threats. 

5. Action plans to address proactive community policing programs, crime prevention 

efforts, traffic interdiction, school and education interaction and coordination, code 

enforcement, WELLINGTON facilities, and parks and recreation patrol. All action 

plans shall have measurable outcomes indicative of successful achievement of goals 

and objectives. 

6. A monthly reporting mechanism to update WELLINGTON on the status and progress 

of action plans to actual performance, along with an ongoing monitoring system 

designed to ensure success and achievement of the strategic plan goals, objectives and 

action plans. 

7. A communication method designed to inform WELLINGTON , the SHERIFF, and 

all SHERIFF’S personnel assigned to WELLINGTON of the strategic plan and 

performance expectations and progress. 

C. The District Commander or designee will notify the City Manager or his designee in a 

timely manner of any major/significant crimes, incidents or emergencies that occur 

within WELLINGTON’S municipal boundaries. 

D. The District Commander shall provide two reports per year (semi-annual and annual) to 

WELLINGTON consisting of data and analysis of WELLINGTON law enforcement 

service activity, segregated by type and geographic locations where applicable, to 

include: 

5


1. Calls for service by time of day, geographic location, day of week and type. 

2. Reported incidents, criminal and non-criminal, by category 

3. Number and types of arrests 

4. Traffic crashes 

5. Traffic citations 

6. Response times to emergency calls by priority classification 

7. Number and type of special/additional enforcement activities 

8. Law enforcement forfeiture activity 

9. General ledger balance report 

10. Monthly extra duty hours 

11. Number of staff on duty by day and shift 

12. Number of citizen complaints received and outcomes, where permitted by law 

E. A formal analysis of law enforcement-related trends and indicators shall be prepared and 

presented to WELLINGTON twice annually by the SHERIFF or designee and shall 

include data, analysis, and reporting set forth in Sections B and D above. 

1. WELLINGTON may, at its sole discretion, cause the analysis to be prepared by the 

VILLAGE in addition to the analysis prepared by the SHERIFF. 

2. The SHERIFF shall provide any and all available data necessary to complete the 

analysis as requested by WELLINGTON. 

F. WELLINGTON and SHERIFF recognize that competent professional law enforcement 

services require flexibility in order to meet society’s challenge to combat crime and other 

social conditions. Therefore, the District Commander shall have the discretion to 

determine staff allocation and assignments in alignment with the Law Enforcement 

Services Plan and ongoing law enforcement activity analysis. 

G. The District Commander or designee shall be responsible for attending all 

WELLINGTON Council Meetings and Public Safety Committee Meetings and such 

other Board, Committee or Community meetings at the request of the City Manager, 

without additional charges which involves issues of mutual concern or whenever needed 

to provide advice or consent on law enforcement issues. 

6


H. From time to time, with responsible notice, the SHERIFF, or Executive Staff Member, 

shall meet with WELLINGTON to discuss law enforcement issues related to services 

impacting WELLINGTON. 

2.4 Fiscal Responsibilities 

A. The SHERIFF shall provide to WELLINGTON a Law Enforcement Services Plan and 

proposed costs by May 1 st of each year through the term of the Agreement. 

B. The SHERRIF’S proposed Law Enforcement Services Plan is subject to review by 

WELLINGTON, in compliance with WELLINGTON’S budget review requirements and 

final approval by WELLINGTON’S Council. 

C. Annual staffing increases for deputy sheriffs requested in the SHERIFF’S Law 

Enforcement Services Plan shall be supported by crime and law enforcement activity 

analysis. 

D. Emergency purchases and unanticipated repairs not included in the annual budget shall be 

justified and forwarded to the Director of Administrative and Financial Services for 

consideration. 

2.5 The SHERIFF shall furnish to and maintain for the benefit of WELLINGTON, without 

additional cost therefore, all necessary labor, supervision, equipment, vehicles, 

communication services and supplies necessary and proper for the purpose of performing 

the services, duties, and responsibilities set forth and as necessary to maintain the level of 

service to be rendered hereunder, except as included under Article 4. Clerical and 

administrative support shall be provided by the SHERIFF under the direction of the District 

Commander. 

ARTICLE 3 – OTHER RESPONSIBILITIES 

3.1 Employment Responsibility 

A. All sheriffs’ deputies and other persons employed by the SHERIFF in the performance of 

such services, functions and responsibilities, as described and contemplated herein, for 

WELLINGTON, are deemed Palm Beach County Sheriff’s Office employees during the 

duration of this Agreement. 

B. The SHERIFF shall be responsible for all insurance benefits, compensation, and/or any 

status or right during the course of employment with the SHERIFF. Accordingly, 

WELLINGTON shall not be called upon to assume any liability for, or direct payment of, 

any salaries, wages, contribution to the Florida Retirement System, insurance premiums 

or payments, workers’ compensation benefits under Chapter 440, Florida Statutes, or any 

other amenities of employment to any SHERIFF personnel performing services, duties, 

and responsibilities hereunder for the benefit of WELLINGTON and residents thereof. 

7


3.2 Employment: Right of Control 

A. The SHERIFF shall have and maintain the responsibility for and control of the delivery 

of services, the standards of performance, the discipline of personnel and other matters 

incident to the performance of services, duties, and responsibilities as described and 

contemplated herein. 

B. WELLINGTON does hereby vest in each deputy sheriff, to the extent allowed by law, the 

police powers of WELLINGTON which are necessary to implement and carry forth the 

services, duties, and responsibilities imposed upon the SHERIFF hereby, for the sole and 

limited purpose of giving official and lawful status and validity to the performance 

thereof by such deputy sheriff. 

3.3 The SHERIFF shall maintain the District Office in a clean condition, free from debris, 

normal use excepted. The SHERIFF further agrees not to destroy, deface, damage, impair, or 

remove any part of the District Office and shall be responsible for the repair or replacement 

of such property. 

3.4 The SHERIFF shall provide to WELLINGTON two (2) copies of the SHERIFF’s general 

orders, including any updates and amendments added after publication. 

ARTICLE 4 – WELLINGTON RESPONSIBILITIES 

4.1 District Office Space 

A. WELLINGTON will provide office space within its municipal boundaries, which is 

adequate in size, configuration and accessibility to coordinate and carry out law 

enforcement services within WELLINGTON’S municipal boundaries. 

B. WELLINGTON agrees to maintain and keep in good repair, or cause to be maintained or 

repaired, to include necessary building / ground maintenance, pest control, alarm services 

and janitorial services for those facilities designated as the District Office. The SHERIFF 

shall maintain the District Office in a clean condition, free from debris, with normal use 

excepted. In the event the SHERIFF, his employees or appointees destroy, deface, 

damage, impair or remove any part of the District Office, the SHERIFF will be 

responsible, to the extent permitted by law, for repairing or replacing such property. 

C. Future space planning shall be coordinated with the SHERIFF and WELLINGTON. The 

final decision shall be the responsibility of WELLINGTON. 

D. WELLINGTON shall be financially responsible for all fixtures, furnishings, equipment 

and costs related to the operation of the District Office, including costs which may be 

incurred in the relocation of the District Office during the term of this Agreement. 

Fixtures, furnishings, equipment and costs related to the operation of the District Office 

are defined as desks, chairs, lamps, lights, telephones, facsimile machines, photocopiers, 

office supplies and any other piece of personal property which is reasonable and 

8


necessary for the proper functioning of a District Office office space. Any fixtures, 

furnishings and equipment located in the District Office purchased by the SHERIFF prior 

to the time of this Service Agreement is executed and any other property purchased by 

the SHERIFF for the District Office during the term of this Service Agreement are and 

will remain the property of the SHERIFF. Any fixtures, furnishings and equipment 

purchased by WELLINGTON are and will remain the property of WELLINGTON, 

unless otherwise donated or released to the SHERIFF. 

E. The use and occupancy by the SHERIFF of the District Office shall include the use in 

common with others entitled thereto of the automobile parking areas, driveways, 

pathways, entranceways, means of ingress and egress, loading and unloading facilities 

and other facilities as may be designated from time to time by WELLINGTON; subject, 

however, to the terms and conditions of this Service Agreement. 

F. WELLINGTON , during the term of this Agreement, at its sole cost and expense, shall 

maintain appropriate insurance coverage to include general liability and fire and casualty 

coverage, either through a commercial insurance carrier or a self-insurance program of 

sufficient coverage, to protect WELLINGTON and the SHERIFF in the event of claims 

relating to the District Office or damage/destruction of the District Office provided to the 

SHERIFF under this Agreement. WELLINGTON shall provide a copy of its insurance 

policy to the SHERIFF within thirty (30) days of the effective date of this Agreement. 

G. If, for any reason, WELLINGTON fails to provide the SHERIFF with a District Office as 

required above, the SHERIFF is relieved from his obligation to provide, inside the 

boundaries of WELLINGTON, those contracted or future contracted administrative 

services, including all positions indicated in this Agreement and such other services 

which require a physical structure within WELLINGTON. All such positions indicated 

in this Agreement will be relocated to the SHERIFF’s main headquarters office and will 

carry out their job functions as required under this Service Agreement, and 

WELLINGTON will pay for those services while performed at the SHERIFFs main 

headquarters office. 

H. WELLINGTON’S failure to provide the SHERIFF with a District Office will require the 

Sheriff’s Deputies to attend roll call at the SHERIFF’S headquarters, and any additional 

travel time incurred will, as agreed upon by WELLINGTON and the SHERIFF, be either 

part of the contracted hours or will be billed at the contracted hourly rate. 

4.2 WELLINGTON shall provide two (2) copies of WELLINGTON’S ordinances as adopted 

and two (2) copies of the Code of Ordinances with updates as received. 

ARTICLE 5 – CONSIDERATION 

5.1 The total amount due for all services beginning October 1, 2011 through September 30, 

2012, excepting those costs identified and funded in Article 5.5 and 5.6 shall be 

$7,578,981.00. 

9


5.2 The total amount due for all law enforcement services for subsequent years shall be based 

upon the proposed costs submitted by the SHERIFF during WELLINGTON’S budget 

process and approved by WELLINGTON’S Council. 

5.3 Additional law enforcement services as set forth in Article 2.1 D shall be compensated at a 

rate of $44.66 per hour and will be billed by the SHERIFF to WELLINGTON on a monthly 

basis. This rate is subject to annual review and change upon agreement between 

WELLINGTON and SHERIFF. 

5.4 The SHERIFF shall invoice WELLINGTON within ten (10) days of the close of each month. 

Payments shall be made in equal monthly increments and shall be remitted to the SHERIFF 

by the 25 th day of the month following the receipt of the invoice. 

5.5 WELLINGTON shall fund the cost of any third-party agreements related to the performance 

of this Law Enforcement Services Agreement, including additional crime analysis and audit 

functions as determined necessary and approved by WELLINGTON. 

5.6 WELLINGTON shall fund the lease and/or other costs associated with provision of the 

Wellington District Office. 

5.7 The consideration recited herein constitutes the entire consideration to be paid herein under 

and upon the payment thereof, in the manner and at times prescribed herein. 

WELLINGTON shall have no further monetary obligations to the SHERIFF. 

ARTICLE 6 – AUDIT OF RECORDS 

6.1 WELLINGTON may, upon reasonable notice to the SHERIFF, examine the SHERIFF’s 

records and other information relating to the services provided pursuant to the terms of this 

Agreement 

6.2 All records and other information requested by WELLINGTON will be furnished or made 

available by the SHERIFF to WELLINGTON within thirty (30) days of the initial request. 

All requests for information regarding allocations and cost are available through the Sheriff’s 

Bureau of Countywide Operations. 

6.3 Records not prepared by the SHERIFF in the ordinary course of business may be provided as 

WELLINGTON and SHERIFF may agree. 

6.4 WELLINGTON may elect to perform the audit itself or to have an outside third party do so. 

ARTICLE 7 – FINES AND FORFEITURES 

7.1 Law Enforcement Education Funds 

All law enforcement education funds levied and collected by the Clerk of the Court and 

earmarked for WELLINGTON pursuant to Section 938, Florida Statutes, shall be assigned 

10


over to the SHERIFF and used by the SHERIFF for the law enforcement education purposes 

authorized in said statute. Apart from such funds, the SHERIFF shall have no claim or right 

to any other monies or things of value which WELLINGTON receives or may hereinafter 

receive by way of entitlement programs, grants or otherwise in connection with police or law 

enforcement activities. 

7.2 Chapter 316, Florida Statutes, Fines 

All fines and forfeitures levied and collected pursuant to Chapter 316 Florida Statutes, as the 

same may be amended from time-to-time, shall be forwarded to WELLINGTON consistent 

with the distribution requirements of Section 318.21 Florida Statutes. 

7.3 Unclaimed Property 

WELLINGTON and the SHERIFF do hereby acknowledge, one to the other, that nothing 

contained herein shall in anyway be construed to impair WELLINGTON’S right to the 

disposition of proceeds and forfeitures arising under the sale or disposition of unclaimed 

property or under any statutory or common law proceeding to which WELLINGTON would 

otherwise be entitled. 

7.4 Law Enforcement Trust Funds 

A. The SHERIFF agrees that if a Sergeant, Deputy Sheriff, or Motor Unit (Road Patrol 

Units) contracted for under this Service Agreement or other SHERIFF’S investigative 

unit initiates an investigation and seizure of property or currency for forfeiture pursuant 

to Chapter 932, Florida Statutes, within WELLINGTON’S boundaries, and forfeiture 

action is commenced resulting in the property or currency being forfeited to the 

SHERIFF, the proceeds of the seizure, less expenses as set forth below, will be deposited 

into a Law Enforcement Trust Fund (LETF) established by WELLINGTON. 

B. The SHERIFF will deduct from the proceeds of the forfeitures those costs associated with 

the forfeiture action which include, but are not limited to: towing charges, storage 

charges, maintenance charges, filing fees, publication fees, postage (including certified 

and registered mail), service of process fees, clerical fees, attorney’s fees and any other 

out-of-pocket expense. 

C. If the SHERIFF is unsuccessful in obtaining a forfeiture of property or currency seized 

pursuant to Article 7.4 A, WELLINGTON will reimburse the SHERIFF for those 

expenses incurred by the SHERIFF as set forth in Article 7.4B. 

D. The District Commander may apply for the use of such funds if such application is in 

compliance with the Florida Contraband Forfeiture Act and Florida Statutes with 

approval by WELLINGTON. Upon appropriation, such funds shall be made available to 

the SHERIFF for its designated use within the confines of WELLINGTON. 

7.5 Alarm Ordinance Fines and Fees. 

11


WELLINGTON shall be entitled to receive all fines and alarm permit revenues generated 

pursuant to Wellington’s adoption of the Palm Beach County Alarm Ordinance as 

currently adopted and as it may be amended from time to time, through Section 26-32 of 

Wellington’s Code of Ordinances. 

7.6 WELLINGTON Ordinances Fines and Fees 

WELLINGTON shall be entitled to all fines and other revenues generated pursuant to the 

enforcement of municipal ordinance violations and the enforcement of state law 

violations. 

7.7 The monthly reporting as provided in Section 2.3 (B) (6) shall include a complete and 

detailed accounting of Fines and Forfeitures. 

ARTICLE 8 – INSURANCE 

8.1 The SHERIFF is a self-insured entity pursuant to Chapter 768, Florida Statutes, and will 

maintain sufficient general liability and automobile liability self-insurance funds as required 

by law. 

8.2 Self-insurance funds necessary to cover general liability and automobile liability will remain 

throughout the term of this Agreement, as the same may be extended in accordance with 

provisions thereof. 

ARTICLE 9 – HOLD HARMLESS 

9.1 To the extent permitted by Florida law and without waiving any statutory and constitutional 

Sovereign Immunity protections, the SHERIFF holds WELLINGTON harmless from any 

and all manner of action and actions, cause and causes of action, suits, trespasses, damages, 

judgments, executions, claims, and demands of any kind whatsoever, in law or in equity, 

which may result from or arise out of the intentional or negligent acts of the employees or 

appointees of the SHERIFF while in the performance of this Agreement, and the SHERIFF 

shall indemnify WELLINGTON for any and all damages, judgments, claims, costs, 

expenses, including reasonable attorney’s fees, which WELLINGTON might suffer in 

connection with or as a result of the intentional or negligent acts and the alleged intentional 

or alleged negligent acts of the employees or appointees of the SHERIFF while in the 

performance of this Agreement. 

In no event shall the SHERIFF hold harmless or indemnify WELLINGTON from liability, 

suites, cause and causes of action, trespasses, damages, judgments, executions, claims, and 

demands of any kind whatsoever, in law or equity, which may result from or arise out of 

intentional or negligent acts of WELLINGTON, its employees, agents, servants, visitors, 

and/or any other third parties. 

12


9.2 To the extent permitted by Florida Law and without waiving any statutory and constitutional 

Sovereign Immunity protections, WELLINGTON holds the SHERIFF harmless from any 

and all manner of action and actions, cause and causes of action, suites, trespasses, damages, 

judgments, executions, claims, and demands of any kind whatsoever, in law or in equity, 

which may result from or arise out of the intentional or negligent acts of the employees or 

appointees of WELLINGTON while in the performance of this Agreement, and 

WELLINGTON shall indemnify the SHERIFF for any and all damages, judgments, claims, 

costs, expenses, including reasonable attorney’s fees, which the SHERIFF might suffer in 

connection with or as a result of the intentional or negligent acts and the alleged intentional 

or alleged negligent acts of the employees or appointees of WELLINGTON while in the 

performance of this Agreement. 

In no event shall WELLINGTON hold harmless or indemnify the SHERIFF from liability, 

suits, cause and causes of action, trespasses, damages, judgments, executions, claims, and 

demands of any kind whatsoever, in law or equity, which may result from or arise out of the 

intentional or negligent acts of the SHERIFF, its employees, agents, servants, visitors, and/or 

any other third parties. 

ARTICLE 10 – INDEPENDENT CONTRACTOR 

10.1 The SHERIFF, for the purposes of this Agreement, is and shall remain an independent 

contractor; provided, however, such independent contractor status shall not diminish the 

power and authority vested in the SHERIFF and his Deputies pursuant to Article 3. 

ARTICLE 11 – TERM 

11.1 This Agreement shall remain in full force and effect commencing October 1, 2011 and 

ending September 30, 2016, all dates inclusive, unless the Agreement is otherwise extended 

or terminated in accordance with the terms thereof. 

11.2 In the absence of a notice of termination in accordance with Article 12, this Agreement 

shall automatically renew annually subject to the budget proposal by the SHERIFF and 

subsequent to approval by WELLINGTON. 

ARTICLE 12 – TERMINATION 

12.1 WELLINGTON or the SHERIFF may terminate this Agreement with or without cause 

upon written notice to the other party of this Agreement; provided, however, that such 

termination shall not be effective until the one hundred and eightieth (180) day after 

receipt of the written notice. This written notice must be hand delivered and/or sent by 

Certified Mail, Return Receipt Requested, to the SHERIFF or City Manager. 

ARTICLE 13 – TRANSITION 

13.1 In the event of the termination or expiration of this Agreement, the SHERIFF and 

WELLINGTON shall cooperate in good faith in order to effectuate a smooth and 

13


harmonious transition from the SHERIFF’s Office to a WELLINGTON Police 

Department, and to maintain for a mutually agreed upon amount of time during such 

period of transition the same high quality of law enforcement services otherwise afforded 

to the residents of WELLINGTON pursuant to the terms hereof. 

13.2 In the event of termination or upon expiration of this Agreement, WELLINGTON shall 

retain ownership of all equipment, furnishing and fixtures funded and acquired through 

any separate law enforcement service agreement between the SHERIFF and 


13.3 WELLINGTON shall have the option to purchase from the SHERIFF any equipment, 

fixtures, and furnishings acquired by the SHERIFF independent of this Law Enforcement 

Services Agreement between the SHERIFF and WELLINGTON. The purchase price 

shall be determined by mutual agreement of the parties as to the fair-market value of such 

equipment, fixtures and furnishings. 

ARTICLE 14 – AUTHORITY TO EXECUTE; NO CONFLICT CREATED 

14.1 The SHERIFF, by his execution hereof, does hereby represent to WELLINGTON that he 

has full power and authority to make and execute this Agreement pursuant to the power so 

vested in him under the Constitution and Laws of the State of Florida to the effect that; 

A. His making and executing this Agreement shall create a legal obligation upon himself 

and the Palm Beach County Sheriff’s Office. 

B. This Agreement shall be enforceable by WELLINGTON according and to the extent of 

the provisions hereof. 

14.2 Nothing herein contained and no obligation on the part of the SHERIFF to be performed 

hereunder shall in any way be contrary to or in contravention of any policy of insurance or 

surety bond required of the SHERIFF pursuant to the laws of the State of Florida. 

14.3 WELLINGTON’S Mayor, by his execution hereof, does represent to the SHERIFF that 

he/she has full power and authority to make and execute this Agreement on behalf of 

WELLINGTON, pursuant to Resolution No. R2011-________ of WELLINGTON’S 

Council. 

14.4 Nothing herein contained is any way contrary to or in contravention of WELLINGTON’S 

Charter or the laws of the State of Florida. 

ARTICLE 15 – NOTICE 

15.1 The persons to receive notice under this Agreement are: 

CITY MANAGER: 

Paul Schofield 

14




ATTORNEY FOR WELLINGTON: 

Jeffrey Kurtz, Esq. 



SHERIFF: 

Ric L. Bradshaw 

Palm Beach County Sheriff’s Office 

3228 Gun Club Road 

West Palm Beach, Florida 33406 

SHERIFF’S LEGAL ADVISOR: 

Colonel Joseph A. Bradshaw, Jr. 

Department of Legal Affairs 




MAJOR 

Daniel R. Smith 

Countywide Operations 




ARTICLE 16 – NON-ASSIGNABILITY 

16.1 The SHERIFF shall not assign any of the obligations or benefits imposed hereby or 

contained herein, unless upon written consent of WELLINGTON’S Council, which 

consent must be evidenced by a duly passed resolution. 

ARTICLE 17 – THIRD PARTIES 

17.1 In no event shall any of the terms of this Agreement confer upon any third person, 

corporation, or entity other than the parties hereto any right or cause of action for damages 

claimed against any of the parties to this Agreement arising from the performance of the 

obligation and responsibilities of the parties herein or for any other reason. 

ARTICLE 18 – JOINT PREPARATION 

18.1 The preparation of this Agreement has been a joint effort of the parties, and the resulting 

document shall not, solely as a matter of judicial construction, be construed more severely 

against one of the parties than the other. 

15


ARTICLE 19 – ENTIRE AGREEMENT 

19.1 The parties acknowledge, one to the other, that the terms hereof constitute the entire 

understanding and agreement of the parties with respect hereof. No modification hereof 

shall be effective unless in writing, executed with the same formalities as this Agreement is 

executed. 

IN WITNESS WHEREOF, the parties hereto execute this instrument, at the time set forth 

below. 

ATTEST: 

WELLINGTON, FLORIDA 

By:_______________________________ 


By:___________________________________ 


Dated: _____________________________ 

APPROVED AS TO FORM AND LEGAL 

SUFFICIENCY 

By: ________________________________ 

Attorney for Wellington 

ATTEST: 

SHERIFF OF PALM BEACH COUNTY 

By:_________________________________ 

Daniel R. Smith, Major 

By:_______________________________ 

Ric L. Bradshaw 

Dated:_______________________________ 

APPROVED AS TO FORM AND LEGAL 

SUFFICIENCY 

By:___________________________________ 

Sheriff’s Legal Advisor 

16


EXHIBIT “A” * 

Position 10/11 11/12 

Captain 1 1 

Lieutenant 1 1 

Detective 1 1 

Road Patrol Sergeant 6 6 

Deputy Sheriff 45 45 

Motor Units 2 2 

Criminal Justice Planner 1 1 

Problem Oriented Police 4 4 

Administrative Secretaries 2 2 

Clerical Specialist 1 1 

Law Enforcement Aide 1 1 

School Crossing Guards (PT)** 53 63 

* This Exhibit A was adopted as part of the Agreement effective October 01, 2011. 

** The former 53 crossing guard allocations have been changed to 63 in order to meet FDOT 

standards. 

17


6. H 



AGENDA ITEM NAME: RESOLUTION R2011-60 (REMOVAL OF EX-OFFICIO MEMBERS FROM 

THE EQUESTRIAN PRESERVE COMMITTEE) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO THE EQUESTRIAN 

PRESERVE COMMITTEE REMOVING THE EX-OFFICIO MEMBERS FROM THE COMMITTEE 

DUE TO THE ENACTMENT OF THE PALM BEACH COUNTY ETHICS ORDINANCE; AND 






No 

FIRST READING 


REQUEST: Approval of Resolution R2011-60 which eliminates the ex-officio positions from the 

Equestrian Preserve Committee due to the Palm Beach County Ethics reducing their ability to 

significantly participate in Committee deliberations. 

EXPLANATION: The Equestrian Preserve Committee was designed to present the equestrian 

perspective to the PZAB and Council on land use decisions. Conflicts were fully expected as 

members are drawn from people who either reside in the EPA or are in some aspect of Equestrian 

business. These inherent conflicts explain, in part, why the Committee is advisory only and has 

informal decision making authority. The Council recognized these conflicts when it expanded 

Committee membership to include two ex-officio members to be appointed by Palm Beach 

International Polo and Palm Beach International Equestrian Club. They were appointed in order to 

give the equestrian industry a voice, if not a vote, on land use issues within the EPA. 

The passage and applicability of the Palm Beach County Ethics Ordinance has muted the exofficio’s 

voice on the Committee. Section 2-443 of the Code requires members of boards and 

committees not only to abstain from voting when they have a conflict of interest but also refrain from 

participation in the discussion on the matter. Thus, the ex-officio members cannot participate when 

items concerning their principles activities come before the Committee. Less obvious, but as such, 

more problematic, is that they cannot participate when clients of their principles have issues. Given 

the definition of customer or client as someone having done $10,000 worth of business over a two 

year period, there is a strong likelihood that many of the people or entities who would appear before 

the Committee would have either as a competitor or member, utilized the services of either or both 

Palm Beach International Polo or Palm Beach International Equestrian Club to that extent.


Due to these conflict situations, the ex-officio members will, too often, be silenced by their status as 

Committee members, rather than be given a voice on the Committee as originally intended. 




RECOMMENDATION: Approval of Resolution R2011-60 which eliminates the ex-officio positions 

from the Equestrian Preserve Committee due to the Palm Beach County Ethics reducing their ability 

to significantly participate in Committee deliberations.


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A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL 

RELATING TO THE EQUESTRIAN PRESERVE COMMITTEE 

REMOVING THE EX-OFFICIO MEMBERS FROM THE 

COMMITTEE DUE TO THE ENACTMENT OF THE PALM BEACH 

COUNTY ETHICS ORDINANCE; AND PROVIDING AN 

EFFECTIVE DATE. 

WHEREAS, Resolution Number 2010-44 re-created the Equestrian Preserve 

Committee and appointed as ex-officio members of the Committee, representatives of the 

International Polo Club and Palm Beach International Equestrian Club, who were expressly 

placed on the committee to provide an industry viewpoint to the committee; and 

WHEREAS, Palm Beach County Ethics Ordinance provides that when board members 

have conflicts, not only are they precluded from voting on the issue but they are precluded 

from participating in discussion on the issue; and 

WHEREAS, this means that the ex-officio members voices are effectively silenced on 

issues of importance to the Equestrian Preserve Committee because not only are they not 

eligible to participate when issues come before the board involving International Polo Club and 

Palm Beach International Equestrian Club but they are also precluded in participating on any 

issues involving members or clients of those organizations; and 

WHEREAS, the Palm Beach County Ethics Ordinance effectively nullifies their 

participation and their contribution and the industry voice on the committee would be better 

served if they participated as member of the public in the proceedings before the Equestrian 

Preserve Committee. 

NOW THEREFORE BE IT RESOLVED BY WELLINGTON’S COUNCIL THAT: 

SECTION 1. The above recitals are hereby affirmed and ratified as being true and 

correct. 

SECTION 2. Section 3E of Resolution Number 2010-044 is repealed and shall be null 

and void thus eliminating the ex-officio members from the committee that were appointed by 

International Polo Club and Palm Beach International Equestrian Club. The effect of this 

action is that the Equestrian Preserve Committee will consist of 7 regular members. 

SECTION 3. This Resolution shall become effective immediately upon adoption. 

PASSED AND ADOPTED this 23 rd day of August, 2011.


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ATTEST: WELLINGTON 

BY:________________________________ By: ____________________________ 





BY: ______________________________ 



7. A 



AGENDA ITEM NAME: ORDINANCE NO. 2011-05 (ZTA ON RVS IN THE EOZD) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL, RELATING TO RECREATIONAL 

VEHICLES; AMENDING ARTICLE 6, “ZONING DISTRICTS”, “EQUESTRIAN OVERLAY ZONING 

DISTRICT”, SEC. 6.10.9.A “TEMPORARY RESIDENCES AND RECREATIONAL VEHICLE 

PARKS” OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS FOR RECREATIONAL 

VEHICLES ON RESIDENTIAL PROPERTY ON RESIDENTIAL PROPERTY WITHIN THE 

EQUESTRIAN OVERLAY ZONING DISTRICT (EOZD) AND REGULATIONS THEREFORE 

AMENDING REGULATIONS RELATING TO RECREATIONAL VEHICLE PARKS WITHIN THE 

EOZD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A 

SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 





No 

FIRST READING 


REQUEST: To amend Wellington's Land Development Regulations Equestrian Overlay Zoning 

District (EOZD) as it relates to Recreational Vehicles on Residential Property within the EOZD and 

providing regulations therefore and amending regulations relating to Recreational Vehicle Parks 

within the EOZD. 

EXPLANATION: Adopt amendments to the existing Equestrian Overlay Zoning District (EOZD) 

regulations, based upon recommendations from the Equestrian Preserve Committee and PZAB. 




RECOMMENDATION: Approve Ordinance No. 2011-05 as presented.


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ORDINANCE NO. 2011-05 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO 

RECREATIONAL VEHICLES; AMENDING ARTICLE 6, “ZONING 

DISTRICTS,” “EQUESTRIAN OVERLAY ZONING DISTRICT,” SECTION 

6.10.9.A, “TEMPORARY RESIDENCES AND RECREATIONAL VEHICLE 

PARKS” OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS FOR 

RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY WITHIN THE 

EQUESTRIAN OVERLAY ZONING DISTRICT (EOZD) AND REGULATIONS 

THEREFORE AMENDING REGULATIONS RELATING TO RECREATIONAL 

VEHICLE PARKS WITHIN THE EOZD; PROVIDING A CONFLICTS CLAUSE; 

PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND 


WHEREAS, Wellington’s Council, as the governing body, pursuant to the authority 

vested in Chapter 163 and Chapter 166, Florida Statutes, is authorized and empowered to 

consider changes to its land development regulations; and 

WHEREAS, Wellington has determined that the existing Wellington regulations should 

be amended regarding recreational vehicles and recreational vehicle parks in certain areas 

within the Equestrian Overlay Zoning District (EOZD); and 

WHEREAS, the recommended modifications to the EOZD were presented to the 

Equestrian Preservation Committee (EPC) at its public hearing conducted on June 8, 2011 and 

the EPC has made a recommendation to the Planning, Zoning and Adjustment Board; and 

WHEREAS, the proposed modifications to the EOZD was presented to the Planning, 

Zoning and Adjustment Board (PZAB) at its public hearing conducted on July 6, 2011, and the 

PZAB has made recommendations to Council; and 

WHEREAS, in accordance with the requirements of Chapter 163, Florida Statutes, 

Wellington’s Planning, Zoning and Adjustment Board, acting as the Land Development 

Regulation Board, has reviewed the proposed Ordinance and has determined that the proposed 

regulation is consistent with Wellington’s Comprehensive Plan; and 

NOW, THEREFORE, BE IT ORDAINED BY WELLINGTON’S COUNCIL, THAT: 

SECTION 1: Article 6. Zoning Districts, Chapter 10. Section 6.10.9.A of the Land 

Development Regulations is hereby amended to read as follows: 

Section 6.2.17 EOZD (“Equestrian Overlay Zoning District”) 

The purpose and intent of the Equestrian Overlay Zoning District (EOZD) is to protect and 

enhance the Equestrian Preservation Areas of Wellington, as created by the Comprehensive 

Plan; to preserve, maintain and enhance the equestrian community associated with Wellington; 

to preserve, maintain and enhance the rural lifestyle associated with the equestrian community; 

to identify and encourage types of land uses that are supportive of the equestrian and rural 

character of the Equestrian Preservation Areas; and to preserve, maintain and enhance 

development patterns which are consistent with the overall character of the equestrian 

community. The EOZD is consistent with all future land use designations in the Land Use 

Element in the Wellington Comprehensive Plan. Uses in the EOZD shall be as provided in the 

zoning regulations for that district, subject to the supplementary standards contained in the 

LDR.


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SECTION 2: Article 6 “Zoning Districts” Chapter 10 “Equestrian Overlay Zoning 

District” of Wellington’s Local Development Regulations is hereby amended to read as follows: 

Chapter 10. EQUESTRIAN OVERLAY ZONING DISTRICT (EOZD) 

Sec. 6. 10. 1 Purpose and Intent 

The purpose and intent of these Equestrian Overlay Zoning District (EOZD) regulations is: 

A. Protection 

To protect and enhance the Equestrian Preservation Areas of Wellington, as created 

by the Comprehensive Plan. 

B. Preservation 

To preserve, maintain, and enhance the equestrian community associated with 

Wellington. 

C. Rural lifestyle 

To preserve, maintain, and enhance the rural lifestyle associated with the equestrian 

community. 

D. Land uses 

To identify and encourage types of land uses that are supportive of the equestrian 

and rural character of the Equestrian Preservation Areas. 

E. Development patterns 

To preserve, maintain, and enhance development patterns which are consistent with 

the overall character of the equestrian community. 

Sec. 6. 10. 2 Applicability and Conflicts 

The provisions of this Article shall apply to all land located within the Equestrian Preservation 

Areas, as identified on the Future Land Use Map of Wellington’s Comprehensive Plan. 

In the event of any conflicts between the requirements of this Article and the requirements of the 

Land Development Regulations, the requirements of this Article shall govern. In the absence of 

any conflict, the requirements of the underlying zoning district and the Land Development 

Regulations shall be applicable and supplemental to the requirements of this Article. 

The provisions of this Article and any amendment hereto shall not affect the validity of any 

lawfully approved development order approved prior to August 27, 2002, if the development 

order remains valid. Issuance of subsequent development orders shall be based on the 

requirements of this Article; provided, however that a complete application for development 

approval received prior August 27, 2002, shall be reviewed using the criteria that existed on the 

date of the application. The provisions of this Article shall apply to any request to modify any 

development order or permit; however, only the area directly affected by the proposed 

modification shall be subject to the provisions of this Article. 

Sec. 6. 10. 3 Definitions 

For the purposes of this Article, the following definitions are established: 

A. Arena –A central area used for entertainment or competitive events and usually 

surrounded by seats. 

\\Lasersrv1\easyagenda\Data\17501\Items\12963\62776\3429\Ordinance_No_2011-05.doc 

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B. Auditorium – An enclosed building that provides entertainment and scheduled 

events usually in a climate controlled environment. 

C. Cluster Development (Equestrian): a residential development pattern that allows a 

lot size less than the minimum required within the applicable subarea and provides 

common areas for equestrian amenities, open space, preservation of 

environmentally-sensitive areas, or similar features consistent with the purpose and 

intent of the overlay district. 

D. Commercial Equestrian Arena – An establishment engaged in commercial 

spectator activities involving equestrian events but excluding any 

establishment engaged in pari-mutuel betting. 

E. Dressage Wall: A structure utilized in dressage training, consisting of a permanent 

wall with a mirror located on one side of the wall and facing a dressage training or 

practice ring. 

F. Equestrian Amenities: Low-impact amenities that serve the purposes of equestrian 

use and training activities, including structural improvements such as fences and 

dressage walls, but not lighting standards or seating, and non-structural 

improvements such as banks, ditches, jumps, paddocks, polo fields, riding arenas, 

and riding rings. Equestrian amenities do not include livestock waste storage areas 

or similar facilities. 

G. Equestrian Arena, Private, Covered: A roofed structure utilized for equestrian 

purposes, including practice sessions, shows, etc. 

H. Equestrian Arena, Private, Not Covered: A structure utilized for equestrian 

purposes, including practice session, shows, etc. 

I. Equestrian Instruction: Instruction related to such equestrian activities as polo, 

riding, dressage, and jumping. 

J. Equestrian Season: From November 1 st to April 30th. 

K. Equestrian Venue –A location of a large gathering for a competitive equestrian 

event or entertainment. 

L. General Store: an equestrian or agriculturally-oriented retail establishment of a 

community-serving nature that sells convenience goods, equestrian-related products, 

agricultural-related products, prepared foods, fresh fruits, vegetables, flowers, and 

other products of a similar nature. 

M. Lot Coverage: The building footprint of all principal and accessory structures 

constructed on a lot or parcel, not including shade houses or opened-sided roofed 

areas such as covered porches or carports. 

N. Polo Stadium - Open or partially roofed structure with seating or tiers of seats 

for spectators on each side for competitive polo matches. 

O. Recreational Vehicle: A travel trailer, camping trailer, motor home Class C, motor 

coach Class A, park trailer or fifth-wheel trailer as defined in Section 320.1 the 

current 2010 Florida Statutes Title XXIII Motor Vehicles Chapter 320 Motor 

Vehicle Licenses Number (1), (4), (5) and (8) as amended. 

P. Stadium – A large oval, round or U shaped usually open structure with tiers of 

seats for spectators on each side. 

Q. Stall: A compartment for a domestic animal in a stable or barn. 


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Sec. 6. 10. 4 Subareas Established. 

For the purposes of this Article, the following subareas are established and shall be so indicated 

on the Official Zoning Map of Wellington: 

A. Subarea A 

Subarea A, generally consisting of Section 2, Township 44S, Range 41E and Section 

35, Township 43S, Range 41E, including the area described as “Palm Beach Little 

Ranches” and “Palm Beach Little Ranches East.” 

B. Subarea B 

Subarea B, generally consisting of those portions of the Wellington PUD located in 

Sections 8 and 17, Township 44S, Range 41E, including the developments known as 

Saddle Trail Park and Paddock Park No. 2 and Parcel “H”, Greenview Shores No. 2 

of Wellington – (P.U.D.), according to the Plat thereof, as recorded in Plat Book 31, 

Pages 120 – 136, of the Public Records of Palm Beach County, Florida. 

C. Subarea C 

Subarea C, generally consisting of Sections 19, 27, 28, 29, 30, 32, 33, and 34, 

Township 4S, Range 41E and Section 25, Township 44S, Range 40E, located south 

of Lake Worth Road and west of 120 th Avenue, including all of Palm Beach Point and 

that portion of the Orange Point PUD located in Section 34. 

D. Subarea D 

Subarea D, generally consisting of portions of Sections 15 and 16 and Sections 20, 

21, and 22, Township 44S, Range 41E, including the Wellington Country Place PUD 

and the Equestrian Club PUD. 

E. Subarea E 

Subarea E generally consisting of Section 13, Township 44S, Range 40E, commonly 

known as “Rustic Ranches.” 

Sec. 6. 10. 5. Applications and Development Review Process 

Unless otherwise provided in this Article, the requirements of Article 5 regarding 

applications for development orders shall apply within the Equestrian Preservation 

Areas. All applications within the Equestrian Preserve Area subject to review by the 

Planning, Zoning and Adjustment Board shall be reviewed by the Equestrian 

Preserve Committee prior to review by the Planning, Zoning and Adjustment Board. 

Sec. 6. 10. 6. Development Standards 

Minimum setbacks and other development standards for principal and accessory 

uses within the Equestrian Preservation Areas are established in Table A. 

A. Minimum Setbacks 

1. Measurement. 

All setbacks shall be measured from property lines or from right-of-way 

easement lines in those subdivisions without dedicated or platted rights-ofway. 

2. Exemptions. 

Excluding dressage walls, there are no required setbacks for equestrian 

amenities. 


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Setback 

Front 

Side, Interior 

Side, Corner 

Rear 

Table A. 

Minimum Setbacks for Principal and Accessory Uses 

Minimum Setback for 

Principal Structures (1) 

All 

Exceptions 

Equestrian 

(See Notes) 

Areas 

50 Feet (2) 

100 Feet 

25 Feet (3) 

25 Feet (2) 

50 Feet 

25 Feet (3) 

50 Feet (2) 

80 Feet 

25 Feet (3) 

25 Feet (2) 

100 Feet 25 Feet (4) 

15 Feet (5) 

Minimum Setback for 

Accessory Structures 

Conforming 

Lots 

Notes and Additional Standards for Affected Setbacks. 

Nonconforming 

Lots 

100 Feet 100 Feet 




(1) Single-family dwellings, barns, stables, covered arenas and similar 

structures are always considered a principal use. 

(2) Setback for Little Ranches No. 2 and Little Ranches East. 

(3) Setback for Paddock Park II and Saddle Trail Park and Mystic 

Equestrian. 

(4) Setback for barns in Paddock Park II and Saddle Trail Park and 

Mystic Equestrian. 

(5) Setback for dwellings in Paddock Park II and Saddle Trail Park and 

Mystic Equestrian. 

(6) RVs shall meet the minimum setback of the principal structure 

B. Development Standards 

All development in the Equestrian Preservation Areas shall comply with the 

Development Standards set forth in Table B. 

Table B. 

Development Standards for Principal and Accessory Uses 

Development Standard 

Minimum Lot Width 

Minimum Lot Depth 

Maximum Floor Area Ratio 

Maximum Building Height 

Maximum Lot Coverage 

Minimum Dimension or Standard 

300 feet, or as otherwise provided in a current, 

valid development order. 

300 feet, or as otherwise provided in a current, 

valid development order. 

20%, or as otherwise provided in a current, valid 

development order or as otherwise provided in 

the Future Land Use Element of the 

Comprehensive Plan. 

35 feet. 

20%, or as otherwise provided in a current, valid 

development order. 


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Sec. 6.10.7. Permitted and Conditional Uses 

A. Principal and Accessory Uses 

Uses in the Equestrian Preservation Areas are limited to those uses set forth in Table 

C below. To the extent that Table C conflicts with Tables 6.4-1 and 6.8-2 of the Land 

Development Regulations, the provisions of Table C shall control. 

Use 

Table C. 

Permitted, Conditional and Prohibited Uses 

Properties 

with No 

Current 

PUD Master 

Plan 

Residential 

Pods of 

PUDs 

Commercial 

Comm. Pods 

of PUDs & 

Comm. 

Plnnd. 

Devels. 

Comm. 

Rec. 

FLU 

Legend 

C = Conditional Use ● P = Permitted Use ● Blank = Prohibited Use 

D = Development Review Committee ● S = Special Permit 

Accessory Dwelling 

Unit 

P P P P 

Agriculture, Bona 

Fide 

P 

C 

Agricultural Sales 

and Service 

C 

C 

Agricultural Stand S S 

Agricultural 

Storage, Indoor 

P P P P 

Air Curtain 

Incinerator, 

S S P P 

Temporary 

Airplane Landing 

Strip, Accessory 

Amusements, 

Temporary and 

Special Events 

Arena, Auditorium, 

or Stadium 

Assembly, 

Nonprofit 

Institutional 

C 

C 

C C C 

Auction, Outdoor P P P 

Bed and Breakfast C C 

Communication 

Tower, Commercial 

Congregate Living 

Facility 

(Community 

Residential Home), 

Type I (6 or less 

residents) 

C C C 

P 

P 

S 

S 

C 

Additional 

Standards 

(§6.10.7.2) and 

this Section 

See Sec. 

6.10.7.B.1 

See Sec. 

6.10.7.B.2 

See Sec. 

6.10.7.B.3 

See Sec. 

6.10.7.B.4 


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Use 

Properties 

with No 

Current 

PUD Master 

Plan 

Residential 

Pods of 

PUDs 

Commercial 

Comm. Pods 

of PUDs & 

Comm. 

Plnnd. 

Devels. 

Comm. 

Rec. 

FLU 

Legend 



Day Care, Family 

(5 or less children) 

Day Care, General 

(More than 6 

Children) 

Dwelling, Single 

Family, Detached 

Equestrian Arena, 

Commercial 


Private/Not 

Covered 

P 

P 

P 

P 

C C P 

P 

P 

C 

C 

Additional 

Standards 

(§6.10.7.2) and 

this Section 


Private/Covered 

P P See Sec. 6.10.9.C 

Equestrian 

Instruction 

P P P P 

Equestrian Uses, 

Seasonal 

S S S S 

Excavation and Fill 

(Noncomm.) 

P P P P 

Farrier (Nonmobile) 

P P P 

Feed Store and 

Tack Shop 

P 

P 

Fitness Center P P 

Fruit and Vegetable 

Market 

P 

P 

Garage, Yard, or 

Rummage Sale 

P 

P 

General Store P P 

Government 

Services, Municipal 

D D D D 

Government 

Services, Non- 

D D D D 

Municipal 

Groom’s Quarters P P P 

Guest Cottage P P 

Helipad, Accessory C D 

Home Occupations P P P 

House of Worship P P P P 

Kennel, Private 

D 

Landscape 

Maintenance 

C 

Service 

Livestock Raising D D D D 

See Sec. 

6.10.7.B.5 


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Use 

Properties 

with No 

Current 

PUD Master 

Plan 

Residential 

Pods of 

PUDs 

Commercial 

Comm. Pods 

of PUDs & 

Comm. 

Plnnd. 

Devels. 

Comm. 

Rec. 

FLU 

Legend 



Mobile Home, 

Limited (2 Yr. 

Home Constr., Ag. 

Security & Ag. 

Office) 

S 

Nursery, Retail C C C 

Nursery, Wholesale D D D 

Park, Passive P P P P 

Park, Public P P P P 

Professional and 

Business Office 

P 

Recreational 

Vehicle 

P 

P 

Recreational 

Vehicle Park 

C C C C 

Restaurant, General P P 

Restaurant, 

Specialty 

P 

P 

Schools P P P P 

Security / 

Caretakers Quarters 

(Bona Fide 

Agriculture Only) 

S S S 

Shadehouse, 

Accessory 

P 

P 

Stables P P P P 

Utility, Minor P P P P 

Veterinary Clinic D P P 

Wastewater, Water, 

or Stormwater 

Treatment Plant 

C C C 

Additional 

Standards 

(§6.10.7.2) and 

this Section 

See Sec. 

6.10.7.B.6 

See Sec. 6.11.1 

and 6.13.2 

See Sec. 

6.10.9.A 

B. Additional Standards. 

The following additional standards shall apply to the uses listed in Table C. 

1. Accessory Dwelling Unit. 

An accessory dwelling unit may be used as a security office for any 

commercial equestrian or agricultural activity. 

2. Air Curtain Incinerator. 

Limited only to land-clearing activities pursuant to applicable Wellington 

permits and development orders. 

3. Auction, Outdoor. 

a. An outdoor auction shall be held not more than four times per year at 

the same location within a residential zoning district. 


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b. An outdoor auction shall not exceed more than three (3) days in 

length. 

c. There shall be no limit on the number of auctions held on a site with a 

commercial recreation Future Land Use Map designation. 

4. Bed and Breakfast Establishments. 

a. The establishments shall not exceed five (5) bedrooms for rent. 

b. Meal service shall be limited to guests and shall include only 

breakfasts and wine and cheese functions. 

c. The establishment must be located as part of and attached to the 

principal single family residential dwelling on the property and the 

portion of the dwelling utilized for the establishment shall comply with 

all setbacks for the principal structure. 

d. The owner of the establishment must reside on the premise on a fulltime 

basis. 

e. Minimum lot size for an establishment shall be at least three (3) acres. 

Any combination of lots to achieve the minimum lot size shall be 

accomplished by a replat of the affected properties. 

f. Each establishment shall provide, at a minimum, the number and type 

of parking spaces listed below. 

i. Two (2) spaces per residential dwelling. 

ii. One (1) space for each room included as part of the 

establishment. 

iii. At least two (2) spaces for horse trailers. 

iv. All parking areas must be located within 250 feet of the principal 

entrance of the establishment. 

v. Parking areas may consist of paving, grass, gravel or other 

materials, subject to the Village’s engineering standards. 

g. Principal and secondary vehicular access for patrons shall be located 

along a collector or arterial street. Vehicular access for patrons shall 

not be provided via a local residential street. 

h. An application for approval of a bed and breakfast shall provide 

evidence of adequate water and sewer capacity adequate for the 

proposed establishment. 

i. Patrons of the establishment may stable horses in a barn or stable 

located on the same parcel as the establishment. 

j. One sign for the establishment may be installed, and shall comply 

with the following standards: 

i. maximum size of four (4) square feet; 

ii. maximum installation height of eight (8) feet; 

iii. maximum sign width of two (2) feet; 

iv. maximum sign height of two (2) feet; and 

v. may indicate the establishment name, address, and logo. 


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k. One establishment shall be separated from another establishment by 

not less than 1,320 lineal feet, measured from the closest property 

line of each establishment. 

5. General Store. 

Outdoor display of fruits and vegetables is permitted, provided such display 

shall not exceed more than ten percent (10%) of gross floor area of the 

general store. 

a. Temporary flags, banners, signs, and similar advertising devices are 

prohibited. 

b. Retail or wholesale sale of gasoline, diesel fuels, and similar 

petroleum products are prohibited. 

6. Professional and Business Offices. 

Professional and business offices shall be limited to equestrian and 

agricultural-related services. 

Sec. 6. 10. 8. Maximum Density and Minimum Lot Size 

Maximum density and minimum lot size requirements for property within the 

Equestrian Preservation Areas are established in Table D. 

Subarea 

Table D. 

Maximum Density and Minimum Lot Size Requirement 

Maximum Density 

Minimum 

Lot Size 

Cluster 

Development 

A 0.2 Dwelling Units per Acre 5 Acres Prohibited 

B 0.5 Dwelling Units per Acre 1 Acre Prohibited 

C 0.1 Dwelling Units per Acre 10 Acres Prohibited 

D 

0.5 Dwelling Units per Acre 

Acres 

Permitted 

E 0.2 Dwelling Units Per Acre 5 Acres Prohibited 

Note. 

1. In a cluster development minimum lot size is 0.33 acres provided that 

overall density of the cluster development shall be not more than one unit 

per two acres. 

A. Cluster Development in Subarea D 

Cluster development in Subarea D shall comply with the standards listed below. 

1. Maximum Density. 

Maximum overall density shall be as provided in Table D. 

2 1 

2. Minimum Lot Size. 

Minimum lot size shall be 0.33 acres provided that overall density within a 

cluster development shall be maintained at one unit per two acres or less. 

3. Common Features. 

In addition to such common areas as roads, drainage, and utilities, a 

cluster development shall provide common features, including equestrian 

amenities, preserve areas for environmentally-sensitive lands, or similar 

features consistent with the purposes of this District. Common features 


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shall be reserved for use by property owners, guests, and residents of such 

cluster development. 

4. Dwelling Unit Types. 

Within a cluster development, only single family detached residential 

dwelling units are permitted. 

5. Planned Development Review. 

a. A cluster development shall be subject to review as a residential 

planned unit development or as an amendment to an existing 

residential planned unit development. 

b. As part of the planned unit development master plan, the master plan 

shall include information regarding the type, size, and general location 

of proposed common equestrian amenities, including but not limited to 

stables, rings, paddocks, exercise areas, internal equestrian and bridle 

trails, connections to external equestrian and bridle trails, and other 

improvements to be constructed for equestrian or equestrian-related 

purposes. 

6. Design, Installation of and Access to Common Equestrian Amenities. 

a. Common equestrian amenities shall be designed to serve as the 

internal focus or centerpiece of a cluster development. 

b. Installation of all equestrian amenities included within an approved 

cluster development is required prior to the issuance of a certificate of 

occupancy for any residential dwelling unit within the development. 

c. Each dwelling unit shall be provided with access to common equestrian 

amenities and the access shall be included in the overall master plan. 

7. Deed Restriction. 

Prior to the issuance of a final master plan approval by the Development 

Review Committee, a deed restriction, in a form acceptable to Wellington’s 

Attorney, shall be executed and recorded to limit in perpetuity the use of 

common equestrian amenities to owners and residents of the cluster 

development. 

Sec. 6.10.9. Supplemental District Regulations 

The requirements listed below shall apply to all uses within the Equestrian 

Preservation Areas. 

A. Temporary Residences and Recreational Vehicle Parks. 

1. Temporary Residence Prohibited. 

The use of recreational vehicles as a temporary residence within the 

Equestrian Preserve Areas is prohibited except in accordance with a 

previously approved Overlay Zoning District. 

2. Recreational Vehicle Park. 

A recreational vehicle park may be established within the EOZD only 

during the equestrian season from November 1 st to April 30 th with a 

Conditional Use subject to each of the standards listed below. 

a. The park is located within a property that is designated as “Commercial 

Recreation” by the Future Land Use Map or the Official Zoning Map. 

within Subarea C and D only. 


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b. The park is located within a property that contains an approved 

permanent competitive equestrian venue consisting of at least 50 

acres, including the following: 

i. a commercial equestrian arena; 

ii. an arena, auditorium or stadium; or 

iii. a polo stadium 

c. The number of recreational vehicles permitted shall not exceed 50% of 

the underlying residential density of the equestrian venue. a maximum 

of two (2) RVs allowed per acre and limited to on-site participants 

only. 

d. The location of all permanent structures associated with the park and 

all recreational vehicles shall comply with the building setbacks 

applicable to principal structures. 

e. The individual recreational vehicle spaces within park shall be provided 

electrical, potable water and sanitary collection and / or sewer service 

as indicated below. 

i. The electrical service connections for the park shall comply with 

all requirements of the Florida Building Code. 

ii. The water service connections for the park are approved by the 

Village Wellington and comply with all requirements of the 

Florida Building Code and other appropriate agencies such as 

the Palm Beach County Health Department (PBCHD). 

iii. The sanitary collection and / or sewer service is provided by 

connection to the waste water treatment system or wastewater 

treatment is provided by a septic tank approved by the Village 

Wellington and the PBCHD. 

f. At a minimum, the park shall be landscaped and buffered as provided 

in Article 7, Chapter 3 of these land development regulations. 

Additional landscaping and buffering may be required when any portion 

of the park abuts property assigned a residential designation by the 

Future Land Use Map or the Official Zoning Map with a minimum 35 

foot wide combination berm / landscape buffer for the RV Park 

portion and a minimum 25 foot wide buffer along adjacent canal or 

road right of way. 

g. Minimum size for a recreational vehicle parking space is 1,500 square 

feet, with a minimum width of 20 feet and a minimum depth of 40 feet. 

h. A minimum of one vehicle parking space per recreational vehicle space 

shall be provided. Additional uses within the park shall provide the 

amount of parking required by Article 7, Chapter 2. 

i. Permitted accessory uses within a recreational vehicle park are 

indicated below. 

i. Recreation amenities, restricted to use by park clientele, 

including pools, tennis and shuffleboard courts, recreation 

rooms, equestrian facilities, nature and walking trails, play 

grounds, tot lots, and similar facilities. Continuous 24 hour 

security shall be provided on site with a year round 

security or caretaker quarters residence. 


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ii. Gate houses or similar facilities designed to provide security to 

the park. 

iii. Maintenance facilities. 

iv. Administrative office space necessary for operation of the park. 

v. Commercial or retail use, restricted to use by park clientele, 

including convenience food and beverage items and 

recreational vehicle parts. 

B. Dressage Walls 

1. Setbacks. 

Setbacks for dressage walls shall be ten (10) feet from front, rear, and side 

yards. 

2. Measurement of Setback. 

Setbacks shall be measured from property line or edge of roadway 

easement, as applicable. 

3. Easements. 

Dressage walls shall not be located within easements. 

4. Minimum Lot Size. 

A dressage wall shall be located on a parcel consisting of at least one (1) 

acre. 

5. Maximum Dimensions. 

A dressage wall shall not exceed the maximum dimensions listed below: 

a. Maximum height shall not exceed ten (10) feet. 

b. Maximum length shall not exceed seventy (70) feet. 

c. Maximum width shall not exceed four (4) feet. 

6. Other Applicable Standards. 

a. Dressage walls shall comply with all requirements for sight-distance 

clear zones for rights-of-way. 

b. A dressage wall shall be constructed in a manner consistent with the 

architectural style, color, and materials of the principal structure. 

c. The reflective portion of a dressage wall shall be located so as to avoid 

reflecting the glare of the sun or lighting from any adjacent light source 

onto a public or private right-of-way or an abutting property. 

d. A building permit shall be obtained prior to construction of a dressage 

wall. 

e. The exterior portion of a dressage wall that is visible from a public rightof-way 

shall be screened with hedges, shrubs, or other suitable plant 

materials. A landscape plan for screening a dressage wall shall be 

submitted with a building permit application, and the landscaping shall 

be installed prior to issuance of a certificate of completion for the wall. 

The plant materials shall be of such number and type as to completely 

screen a dressage wall within two (2) years of installation. 


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C. Fences 

1. Wire Fences. 

Wire fences, including hog fences, galvanized chain-link, and vinyl-covered 

chain-link fences are permitted only if such fence is covered by hedge 

located on the exterior of the fence. Hedge material shall be installed in 

such manner to cover the fence within two (2) years after planting. In lieu 

of a hedge, a wire or chain-link fence may be screened by the use of a 

three (3) or four (4) board fence. The wire or chain-link fence shall be 

attached to the board fence. 

2. Barbed Wire. 

The use of barbed wire is prohibited. 

3. Thoroughfare Fences. 

Within the Equestrian Preserve, thoroughfare fences shall be natural, clearcoat, 

black, gray, or white-painted, three-rail wooden fences. 

D. Use of Tents as Temporary Stalls 

The use of tents as temporary stalls shall comply with the standards listed 

below: 

1. Tents Prohibited. 

After June 1, 2003, tents shall not be permitted in Subarea A and the 

residential-developed areas of Subareas B and D, except in conjunction 

with the construction of a barn or stable. Any such temporary tent shall be 

removed within ten (10) working days of the issuance of a certificate of 

occupancy for the barn or stable. 

2. Tents Permitted. 

Tents are permitted in all areas not excluded in Sec. 6.10.9.E.1 above, 

subject to obtaining a Seasonal Equestrian Use permit for temporary 

stables as provided in Article 5, Chapter 7, Sec. 5.7 of these land 

development regulations. 

a. Tents Permitted During Construction. 

Tents may be permitted, for a period not to exceed twenty-four (24) 

months, during the period when a building permit for a permanent 

barn or stable has been issued and construction is actively 

proceeding. The Planning and Zoning Manager may extend the 

period during which a tent is permitted by a period of time not to 

exceed twelve (12) months, based upon active and ongoing 

construction of the permanent stable. 

b. Removal. 

Any tents shall be removed within two (2) weeks of receipt of a 

certificate of occupancy or revocation of building permit. 

E. Parking on Public Rights-of-Way 

1. Parking Prohibited. 

Unless otherwise provided herein, Pparking of vehicles on public rights-ofway 

or easements within the EOZD is prohibited. 


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2. Parking for Non-recurring Events. 

For the purposes of this section, parking of vehicles on public rights-of-way 

or easements within the EOZD may be permitted for non-recurring events. 

A special use permit shall be obtained prior to the event. 

F. Horse Trailers 

1. Parking Permitted. 

Parking of horse trailers anywhere in the Equestrian Preservation Areas 

shall be permitted, subject to the limitations listed below. 

2. Parking Prohibited in Certain Areas. 

Horse trailers may not be parked in roadway or canal rights-of-way or 

easements. 

3. Parking Permitted within Urban Service Boundary. 

Parking of horse trailers within those areas of the Equestrian Preservation 

Area which are within the Urban Service Boundary shall be permitted, 

subject to the following limitations: 

a. One (1) unscreened horse trailer may be parked adjacent to a barn or 

stable on an individual lot, provided that the horse trailer may not be 

parked between the front plane of the primary structure and the 

roadway easement or right-of-way and additional horse trailers may 

be kept provided that: 

b. The additional trailer(s) shall be screened from the view of adjacent 

roadways and private properties when the lot is 2.5 acres or less and 

the trailers are screened as provided in Sec. 62-9.(b).(1) of the Code 

of Ordinances. For properties in excess of 2.5 acres, not more than 

one (1) trailer per acre may be parked as provided in Sec. 

6.10.9.G.3.a. 

c. The screened parking area meets the accessory structure setbacks 

listed on Table A, Minimum Setbacks for Principal and Accessory 

Uses of this section. 

d. Temporary parking of horse trailers (i.e., trailers on site for 

instructional, show, or other site-specific uses) shall be allowed, 

provided that said temporary parking is not overnight, and trailers are 

not parked in rights-of way or easements. 

4. Exemption. 

Property within Subarea A and property with a Comprehensive Plan 

designation of Commercial Recreation are exempt from the provisions of 

this section. 

G. Stalls per acre 

Within Subarea B, stables shall contain no more than four (4) stalls per acre. 

H. Fencing 

1. Exception for Fencing with the Front Setback. 

The entire Equestrian Overlay Zoning District shall be exempt from those 

provisions of Sec. 6.6.4.G.3 of the Land Development Regulations that 

prohibit fencing in front setbacks. 


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2. Fencing Outside the Urban Services Boundary Area 

For those parts of the Equestrian Overlay Zoning District that lie outside of 

the Urban Services Boundary Area, the provisions of Chapter 36, Article II, 

Sec. 36-22 (c) of the Property Maintenance Standards regarding fence and 

wall maintenance, shall be enforced at 25 percent in lieu of the 10 percent 

specified in that section. 

I. Equestrian Arenas, Covered. 

1. Setbacks. 

Setbacks for roofed equestrian arenas shall comply with the requirements 

of Table A. 

2. Measurement of Setbacks. 

Setbacks shall be measured from property line or edge of roadway 

easement, as applicable. 

3. Design. 

A roofed equestrian arena shall be constructed in a manner consistent with 

the architectural style, color, and materials of the principal structure. 

Sec. 6. 10. 10. Bridle Trails and Easements. 

A. Dedication Associated with Development Approval 

To implement the Equestrian Path Circulation System adopted as part of the Future 

Transportation Map of the Comprehensive Plan, Wellington may require dedication of 

a bridle path easement as part of a development order approval for a conditional use 

or a Development Review Committee approved use or as part of issuance of a 

building permit for a principal equestrian structure or as part of a plat approval within 

the Equestrian Preserve Area. The requirement for such dedication shall not have 

the effect of reducing the density or intensity of development to which a property 

owner would be entitled if the dedication was not required or caused an increase in a 

required front, side interior, side corner, or rear setback. 

Sec. 6. 10. 11 Commercial Development Standards 

Commercial development shall be limited to those uses intended to serve the needs 

of the surrounding equestrian and agricultural communities and shall be determined 

by such factors as size of the use and types of goods and services to be offered. In 

addition, commercial development shall be designed in a manner that recognizes its 

location within the Equestrian Preservation Areas. Commercial uses may be 

established subject to the requirements of this Article and these land development 

regulations. All permitted and conditional uses within a planned development shall be 

consistent with the requirements of this Section. 

A. Planned Development Rezoning 

A rezoning to a planned development district shall be required if a proposed use 

consists of more than one (1) acre or five thousand (5,000) gross square feet. 

B. Orientation and Scale 

The commercial uses shall be oriented toward agricultural and equestrian uses of a 

community-serving nature. Commercial uses shall be of a scale, intensity, and 

character that are consistent with and compatible to the equestrian community. 

C. Architecture 

The architectural style of commercial buildings and centers shall be of a mass, bulk, 

and style that is consistent with the equestrian nature of the Equestrian Preservation 


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Areas, such as barns and stables. Building colors and materials also shall be of a 

nature that is consistent with the equestrian nature of the area. Commercial sites 

shall integrate a variety of pedestrian and equestrian amenities into overall design, 

including the following: 

1. Pedestrian Circulation. 

An overall pedestrian circulation plan. 

2. Equestrian Circulation. 

An overall equestrian circulation plan. 

3. Pedestrian Walkways. 

A covered arcade, pedestrian walkway, or similar feature that is a minimum 

of eight (8) feet in width. 

4. Equestrian-oriented Features. 

An overall plan to provide hitching posts, fences, corrals, and similar 

features to provide a temporary location to hold and protect the horses of 

owners patronizing a commercial establishment. 

D. Size 

The gross floor area of any single commercial use shall not exceed twenty thousand 

(20,000) square feet, including indoor storage, administrative offices, and similar 

areas. 

E. Hours of Operation 

Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m., including 

delivery of merchandise, restocking, and after-hours cleanup and maintenance. 

Hours of operation may be extended by either a development order approved by the 

Council or a response to an emergency involving the treatment of human or animal 

patients. 

F. Lighting 

Parking lot lighting shall not adversely affect adjacent residential uses. Parking lot 

light standards shall not exceed fifteen (15) feet in height. 

G. Outdoor Display and Storage. 

Outdoor display and storage of merchandise is prohibited, excluding outdoor display 

in conjunction with a general store. 

H. Buffers 

Commercial planned developments shall provide extensive landscape buffers as a 

means to integrate commercial uses with the predominant equestrian, residential, and 

agricultural uses present within the EOZD. At a minimum, buffers shall comply with 

the standards listed below. 

1. Perimeter Buffer. 

A perimeter buffer of at least twenty (20) feet in width shall be provided 

along the entire property line. 

2. Opaque Buffer. 

An opaque buffer of at least five (5) feet in height shall be provided along 

the entire perimeter, consisting of any combination of berm, wall, or 

fencing. 


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3. Canopy Trees. 

Canopy trees shall be provided at a rate of not less than one (1) tree per 

twenty-five (25) feet. Trees shall be staggered along both sides of the 

berm, wall, or fence. Trees shall be native and representative of native 

vegetation of the Village. Minimum tree height shall comply with the 

requirements of Article 7.3. 

4. Hedges. 

Hedges shall be planted at a height and number as required by Article 7.3. 

5. Native Canopy Trees. 

Native canopy trees shall be provided within all parking areas at a rate of 

one (1) tree per eight (8) parking spaces. 

Sec. 6. 10.12 Stables 

A. Purpose and Intent 

The purpose and intent of this Section is: 

1. Protection and Enhancement. 

To protect and enhance the Equestrian Preservation Areas of Wellington, 

as created by the Comprehensive Plan. 

2. Preservation and Maintenance. 

To preserve, maintain, and enhance the equestrian community associated 

with Wellington. 

3. Rural Lifestyles. 

To preserve, maintain, and enhance the rural lifestyle associated with the 

equestrian community. 

4. Land Uses. 

To identify and encourage types of land uses that are supportive of the 

equestrian and rural character of the Equestrian Preservation Areas. 

5. Development Patterns. 

To preserve, maintain, and enhance development patterns which are 

consistent with the overall character of the equestrian community. 

B. Applicability and Conflicts. 

1. Applicability. 

Unless otherwise specified herein, these regulations shall apply to all 

stables within Wellington. Any stable that was issued a building permit by 

Wellington or Palm Beach County Building Departments prior to the 

passage of Ordinance 2003-02 may be built or continue to exist, as 

originally permitted, regardless of any prior or subsequent challenge to the 

validity or appropriateness of the building permit and subject only to its 

status as a conforming structure. No challenges to the issuance of any 

permit prior to the effective date of Ordinance 2003-02 regarding the size of 

any stable structure based on allegations the structure failed to comply with 

the then existing floor area regulations shall be permitted. 

2. Conflicts. 

In the event of any conflicts between the requirements of this Section and 

other requirements of the Land Development Regulations, the 

requirements of this Section shall govern. In the absence of any conflict, 

the requirements of the underlying zoning district and the Land 


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Development Regulations shall be applicable and supplemental to the 

requirements of this Section. 

C. Effect on Previously Permitted Barns and Stables 

1. Conforming Structures. 

Stables for which a valid building permit was issues prior to the adoption of 

this Ordinance that do not conform to the provisions of the Ordinance shall 

be considered to be legal conforming structures. 

2. Construction. 

Any stable permitted prior to October 8, 2002, which exceeded the 

restrictions on accessory structures but otherwise met the requirements of 

the LDR, may be constructed in accordance with the permit. Any stable 

constructed in accordance with such a permit shall be deemed a legal 

conforming structure. 

D. Supplemental Regulations for Barns and Stables on Residential Lots 

Barns and stables on residential lots within the Equestrian Overlay Zoning 

District shall be subject to the following limitations provided in Table E. 

Size of Lot 

Less than ½ acre 

Greater than ½ 

acre, less than 1 

acre 

Greater than 1 

acre, less than 3 

acres 


acres, less than 5 

acres 


acres, less than 

10 acres 


acres 

Table E. 

Supplemental Regulations for Barns & Stables on Residential Lots 

Residential 

Square Footage 

Unit 

Required (1) of Stable 

Yes 

Yes 

Yes 

Yes 

No 

No 

Number 

of 

Stables 

Approval 

Required 

1,250 square 

feet/acre (2) 1 Building permit 

1,250 square 


1,250 square 


1,250 square 


Limited by FAR 

and lot coverage 

in subarea 

Limited by FAR 

and lot coverage 

1 Building permit 

No limit 

Building permit 

in subarea 

Notes and Additional Standards for Affected Types of Required Approval. 

(1) For the purposes of this section, grooms quarters shall not be used to meet the 

requirements of a residential unit. 

(2) An administrative variance of up to fifteen (15) percent may be approved by the Planning 

and Zoning Manager providing the stable structure complies with all other zoning district 

and subarea regulations. 

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SECTION 3: Should any section, paragraph, sentence, clause, or phrase of this 

Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 

Ordinance, Resolution, or municipal Code provision, then in that event the provisions of this 

Ordinance shall prevail to the extent of such conflict. 

SECTION 4: Should any section, paragraph, sentence, clause, or phrase of this 

Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not 

affect the validity of this Ordinance as a whole or any portion or part thereof, other than the part 

so declared to be invalid. 

SECTION 5: The provisions of this Ordinance shall become effective immediately 

upon adoption. 

(The remainder of this page left intentionally blank) 


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PASSED this ___ day of ______________, upon first reading. 

PASSED AND ADOPTED this ____, day of _________on second and final reading. 


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FOR 

AGAINST 

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BY:________________________________ _______ _______ _______ 


________________________________ _______ _______ _______ 

Matt Willhite, Vice-Mayor 

________________________________ _______ _______ _______ 

Dr. Carmine A. Priore, Vice-Mayor Pro tem 

________________________________ _______ _______ _______ 


________________________________ _______ _______ _______ 




BY: ______________________________ 

Jeffrey S. Kurtz, Esq., Attorney for Wellington 

ATTEST: 

BY: _____________________________ 



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TO: 

FROM: 

SUBJECT: 

Village Council 

David Flinchum, ASLA, AICP, Planning & Zoning Manager 

Olga M. Prieto, Associate Planner 

Proposed Zoning Text Amendments (ZTA) to the Equestrian 

Overlay Zoning District (EOZD) Article 6, Chapter 10 of 

Wellington’s Land Development Regulations 

DATE: August 11, 2011 

Proposed Ordinance 2011-05 contains amendments to the text of the Wellington Land 

Development Regulations (LDR) specifically Chapter 10 Equestrian Overlay Zoning 

District (EOZD) Section 6.10.3 Definitions, Section 6.10.7 Permitted and Conditional 

Uses and Section 6.10.9 Supplemental District Regulations Subsection A. for 

Temporary Residences and Recreational Vehicle Parks. 

On January 12, 2010, Council approved Ordinance No. 2009-17 which amended the 

EOZD regulations and included provisions from Recreational Vehicle Parks as a 

Conditional Use in accordance with Section 6.10.7.A. Table C. and subject to specific 

Supplemental District Regulations as outlined in Section 6.10.9.A for Temporary 

Residences and Recreational Vehicle Parks. The use of Recreational Vehicles as a 

temporary residence within the Equestrian Preserve Areas is prohibited, except in 

accordance with a previously approved Overlay Zoning District (Little Ranches and 

Rustic Ranches). 

At the Equestrian Preserve Committee (EPC) meeting on June 8, 2011, the proposed 

text amendments to allow overnight occupancy of RVs on five acre developed 

properties in Subarea C subject to a Special Use permit were recommended 

unanimously (5-0) by the EPC with two differences to the staff recommendations. The 

EPC members recommended limiting the occupancy of the RVs to a family or a 

maximum of two (2) unrelated people. They also recommended the property owner 

demonstrate compliance with their private deed or HOA regulations before applying for 

the Special Use Permit. The second RV topic is the discussion of amendments for 

Recreation Vehicle Parks. The most recent RV Park amendments require a minimum 

50 acre property in Subareas C and D with a Conditional Use approval. The proposed 

RV Park must be on-site or contiguous to an existing permanent equestrian venue. The 

maximum number of RVs allowed is two (2) per acre with upgraded minimum 35 foot 

wide combination berm/landscape buffer. The EPC included in their recommendation 

RVs Zoning Text Amendment Page 1 

08/11/11


the RV Park be limited to only the equestrian season from November 1 st to April 30 th 

and the RVs be limited to on-site participant usage only. 

Both these RV related items were subsequently approved by the EPC unanimously (5- 

0) after lengthy discussion. The EPC members maintained their recommendation that 

occupancy of the individual RVs be limited to a family or maximum of two (2) unrelated 

people and compliance with Homeowners Association (HOA) or private deed 

restrictions be required with the application for the Special Use Permit. The EPC 

members maintained the requirement RVs be allowed on developed lots five (5) acres 

or greater in size within the EOZD and only within Subarea C. The primary discussions 

of the RV Park text amendments were centered on the size of the property and its 

proximity to a permanent horseshow venue. The EPC members also recommended 

deleting the internal recreational component in an RV Park. The members reinstated the 

previous EOZD text language as it listed the three specific requirements of a permanent 

equestrian venue to include; a commercial equestrian arena, an arena, auditorium or 

stadium or a polo stadium. The members also maintained the RV Park be within and a 

part of a minimum of 50 acre property that is contiguous or part of an existing horse 

show venue. The operation of an RV Park was also recommended to be limited to the 

equestrian season from November 1 st to April 30 th within Subarea C and D subject to a 

Conditional Use approval. 

The July 6, 2011 Planning, Zoning and Adjustment Board (PZAB) discussed the two 

EPC concerns regarding the allowed occupancy of the individual RVs and the 

requirement for HOA compliance prior to the Special Use Permit application. 

Considerable discussion evolved around the enforcement issue and staff time needed 

to monitor compliance with the Special Use Permit. Several PZAB members supported 

the need for prior HOA approval before issuance of the Special Use Permit. The PZAB 

ultimately voted 4-1 to reject the Recreational Vehicles in Subarea C. 

The RV Park amendments centered around the minimum 50 acre requirement with an 

existing equestrian venue. Staff explained the RV density calculation was being 

recommended at two RVs per acre to correct an error in the current EOZD which is 

based on underlying residential density. The RV Park location would no longer require 

a Commercial Recreation Future Land Use designation but could be allowed in Subarea 

C and D only by a Conditional Use approval. Several EPC members attended the 

PZAB hearing and reiterated the importance of requiring the RV Park to be located 

within or contiguous to a permanent equestrian venue and limited to on-site participant 

usage only. The PZAB voted 3-2 to recommend approval of the RV Park amendments 

and asked for definitions of some of the equestrian terms to be added to the final 

ordinance. 


08/11/11


Comparison of recommendations relating to Recreational Vehicles on Residential Property in Subarea C 

6/8/11 EPC recommendations 

(approved 5-0) 

Provide temporary residence for security 

and caretaker quarters, instructional or 

training purposes, seasonal employees 

or guests. 

During equestrian season from 

November 1 st to April 30 th . 

RV types allowed limited to Florida 

Statutes definition for: (1) travel trailer, 

(4) motorhome, (5) private motor coach 

and (8) fifth wheel trailer. 

Property must be a minimum size of 5 

acres and only in Subarea C. 

Maximum of one (1) RV allowed on 

developed property with a residence 

and/or a permanent barn. 

7/6/11 PZAB 

recommendations 

(opposed 4-1) 

PZAB voted to deny the 

request to allow RVs on 

residential property in 

Subarea C 

Staff recommendations 

Provide temporary residence for security and 

caretaker quarters, instructional or training 

purposes, seasonal employees or guests. 

During equestrian season from November 1 st to 

April 30 th . 

RV types allowed limited to Florida Statutes 

definition for: (1) travel trailer, (4) motorhome, (5) 

private motor coach and (8) fifth wheel trailer. 

Property must be a minimum size of 5 acres and 

only in Subarea C. 

Maximum of one (1) RV allowed on developed 

property with a residence and/or a permanent barn. 

Requires a Special Use Permit. Requires a Special Use Permit. 

Occupancy limited to a family or 

maximum of 2 unrelated people. 

Occupancy limited to a family or maximum of 4 

unrelated people. 

RV setbacks same as required for the 

principal structure in the zoning district. 

RV setbacks same as required for the principal 

structure in the zoning district. 

RV cannot be used to conduct business 

or be used as a place of business. 

RV cannot be used to conduct business or be used 

as a place of business. 

The RV shall be owned by the property 

owner or a resident in the RV. 

The RV shall be owned by the property owner or a 

resident in the RV. 

Special Use Permit cannot be issued 

until property owner demonstrates 

compliance with any private deed 

restrictions and/or HOA requirements. 

Include on the SPU application the property 

owner is responsible for compliance with any 

private deed restrictions and/or HOA 

requirements. 


08/11/11


Comparison of recommendations relating to Recreational Vehicle Parks 

6/8/11 EPC recommendation 


Minimum 50 acre property in Subareas C 

& D of the EOZD. 

RV Park only during equestrian season 

from November 1 st to April 30 th with a 

Conditional Use approval. 

The property is on-site or contiguous 

to an existing horse show venue. The 

permanent equestrian venue is 

accessible by a public bridle trail. 

7/6/11 PZAB recommendation 


Minimum 50 acre property in Subareas C 

& D of the EOZD. 

RV Park allowed only during equestrian 

season from November 1 st to April 30 th with 

a Conditional Use approval 

The property is on-site or contiguous to 

a permanent equestrian facility. 

Staff recommendations 

Minimum 50 acre property in Subareas C & 

D of the EOZD. 

RV Park allowed only during equestrian 

season from November 1 st to April 30 th with 

a Conditional Use approval. 

Property must include a permanent 

competitive equestrian venue and 

accessible by a public bridle trail. 

RVs limited to on-site participant usage 

only. 

RV Park allowed only after a permanent 

equestrian facility is constructed. 

Provide continuous 24 hour security and 

year round security and/or caretaker 

quarters. 

Maximum of 2 RVs allowed per acre. 

Minimum 35 foot wide combination berm/ 

landscape buffer for the RV Park portion. 

Minimum 25 foot wide buffer along 

adjacent canal or road right of way. 

Individual RV spaces shall be provided 

electrical, potable water, sanitary 

collection and/or sewer service. 


only. 





quarters. 

Keep current text – the number of RVs 

shall not exceed 50% of the underlying 

residential density. 

Keep current text – At a minimum, the 

Park shall be landscaped and buffered 

as provided in Article 7, Chapter 3 of 

the Land Development Regulations. 

Additional landscaping and buffering 

may be required when any portion of 

the Park abuts property assigned a 

residential designation by the FLU and 

Zoning Map. 

Keep current text-which does not allow 

sanitary collection option. 


only. 





quarters. 

Maximum of 2 RVs allowed per acre. 

Minimum 35 foot wide combination berm/ 

landscape buffer for the RV Park portion. 

Minimum 25 foot wide buffer along adjacent 

canal or road right of way for the RV Park 

portion. 

Individual RV spaces shall be provided 

electrical, potable water, sanitary collection 

and/or sewer service. 


08/11/11


Section 

PROPOSED REVISIONS TO THE EOZD 

Proposed Amendments to the Text of the 

Equestrian Overlay Zoning District (EOZD) 

Proposed Amendment 

6.10.3 Adds several Definitions including Recreational Vehicles and Equestrian related terms. 

6.10.6 Table A - Establishes minimum setbacks for RVs if allowed in previously approved Overlay Zoning 

District. 

6.10.7 Table C - Clarifies Commercial Recreation FLU in the Permitted, Conditional and Prohibited Use 

matrix. 

Adds RVs as Permitted (P) in a previously approved Overlay Zoning District. 

6.10.9.A.1 

6.10.9.A.2 

Adds RV Park as a Conditional Use (C) in three zoning category columns. 

Adds exception for previously approved Overlay Zoning Districts. 

Amends the standards and thresholds of a Recreational Vehicle Park only during the Equestrian 

Season from November 1 st to April 30 th with a Conditional Use within Subareas C and D only. 

Establishes the minimum property threshold of 50 acres with a maximum number of 2 recreational 

vehicles allowed per acre and RV usage limited to on-site participants only. 

Allows option for a sanitary collection system. 

Requiring a minimum 35-foot wide combination landscape buffer for the RV Park portion and a 

minimum 25 foot wide buffer along adjacent canal or road right of way. 

Provides for continuous 24 hour security shall be provided on site with a year round security or 

caretaker quarter’s residence. 


08/11/11


2C 

 


Client Name: 

Advertiser: VILLAGE OF WELLINGTON 

Section/Page/Zone: Sports/C002/Full Run 

Description: PUBLIC HEARINGS 

Ad Number: 6087256R 

Insertion Number: 6087256R 

Size: 2 x 10 

Color Type: B&W 

Publication Date: 06/20/2011 

This E-Sheet(R) is provided as conclusive evidence that the ad appeared in the newspaper on the date and page indicated. You may not create derivative works or in any way exploit or re-purpose any content. 

2C THE PALM BEACH POST • MONDAY, JUNE 20, 2011 

WIMBLEDON 

Nadal ‘very far’ from Federer’s Slam record 

The Associated Press 

WIMBLEDON, England — 

Having won four of the 

past five Grand Slam 

tournaments and 10 in all, 

Rafael Nadal was asked 

on the eve of Wimbledon 

about quickly closing in 

on Roger Federer’s record 

of 16. 

Nadal cut in to clarify. 

“Very close? No. I am 

very far,” Nadal said Sunday. 

“Six is a lot.” 

Perhaps. Still, the 25- 

year-old Spaniard is looking 

more and more like 

someone who will be able 

to challenge, if not surpass, 

whatever Federer’s 

final tally is. 

As long as a couple of 

other guys don’t get in the 

way, that is. 

For years, Federer and 

Nadal were the men to 

beat at major tournaments. 

These days, they’re joined 

at what is a competitive 

and compelling top of the 

game by a pair of 24-yearolds, 

Novak Djokovic and 

Andy Murray. 

Nadal quickly earned 

the nickname “King of 

Clay” for his excellence on 

2 

that surface, particularly 

at Roland Garros, where 

he beat Federer on June 

5 for a sixth championship 

there. 

Now Nadal seeks a third 

title on the grass of the All 

England Club, where he 

hasn’t lost to anyone other 

than Federer since 2005. 

“I love to play on grass. 

I love to play in this 

fabulous place,” the topseeded 

Nadal said. “In the 

beginning of my career, 

everybody talked a lot that 

with my style of game, 

(it’s) going to be always 

very difficult to play very 

well here. But I worked a 

lot and I put all my best in 

every practice.” 

As the returning men’s 

champion, Nadal will play 

the first match on Centre 

Court today, against Michael 

Russell of the United 

States. That’s an honor 

that’s often been accorded The 

Federer, but he lost in the 

quarterfinals a year ago, 

is seeded third this year, 

and must wait until Tuesday 

to get started against 

Mikhail Kukushkin of 

Kazakhstan. 

Minutes 

Who’s in the news ... 

Inside Wimbledon 

The All England Lawn Tennis and Croquet Club. 

edule: Play begins today. The women’s 

gles final is July 2; the men’s singles final is 

y 3. There is no play scheduled for the twoweek 

tournament’s middle Sunday, June 26. 

money: $1.77 million each to the men’s and 

s winners. 

TV: ESPN2 (starting today), Tennis Channel (daily recap at 

7 p.m.), NBC (starting Saturday). 

Top first-round matches 

Featured first-round matches at Wimbledon: 

MEN 

(Top 10 seed Andy Roddick (8) will face a 

qualifier) 

Rafael Nadal (1) vs. Michael Russell 

Novak Djokovic (2) vs. Jeremy Chardy 

Roger Federer (3) vs. Mikhail Kukushkin 

Andy Murray (4) vs. Daniel Gimeno-Traver 

Robin Soderling (5) vs. Philipp Petzschner 

Tomas Berdych (6) vs. Filippo Volandri 

David Ferrer (7) vs. Benoit Paire 

Gael Monfils (9) vs. Matthias Bachinger 

Mardy Fish (10) vs. Marcel Granollers 

Nicolas Almagro (16) vs. Jarkko Nieminen 

Janko Tipsarevic (23) vs. SerbiaIvo Karlovic 

Marin Cilic (27) vs. Ivan Ljubicic 

Marcos Baghdatis (32) vs. James Blake 

John Isner vs. Nicolas Mahut 

second-seeded 

Djokovic, whose 43-match 

winning streak ended with 

a loss to Federer in Paris, 

also is scheduled to begin 

Tuesday, while No. 4 Murray 

is slated to play Daniel 

Gimeno-Traver of Spain on 

WOMEN 

(Top 10 seeds Petra Kvitova (8) and Marion 

Bartoli (9) will face qualifiers) 

Caroline Wozniacki (1) vs. Arantxa Parra Santonja 

Vera Zvonareva (2) vs. Alison Riske 

Li Na (3) vs. Alla Kudryavtseva 

Victoria Azarenka (4) vs. Magdalena Rybarikova 

Maria Sharapova (5) vs. Anna Chakvetadze 

Francesca Schiavone (6) vs. Jelena Dokic 

Serena Williams (7) vs. Aravane Rezai 

Sam Stosur (10) vs. Melinda Czink 

Svetlana Kuznetsova (12) vs. Zhang Shuai. 

Ana Ivanovic (18) vs. Melanie Oudin 

Venus Williams (23) vs. Akgul Amanmuradova 

Dominika Cibulkova (24) vs. Mirjana Lucic 

Centre Court today. The 

forecast calls for — surprise! 

— rain, but at the 

very least, matches in the 

main stadium shouldn’t be 

affected because of the retractable 

roof in use since 

2009. 

Red Sox honor Bruins at Fenway 

Palm Beach Post Wire Services 

BOSTON — The Boston Red Sox 

honored the Stanley Cup champion 

Bruins with a 15-minute on-field 

ceremony before Sunday’s game 

against the Milwaukee Brewers. 

Members of the Bruins, who 

captured the Cup with a Game 7 

win over Vancouver on Wednesday, 

rode in on four Duck Boats — as 

they did in a parade through the 

streets of Boston on Saturday. 

As they entered, Bruins players, 

dressed in their black jerseys, 

threw soft baseballs and pucks to 

the fans in Fenway Park. Red Sox 

employees were waving Bruins 

flags in a ring around the upper 

seating park. 

The boats came in from center 

field and made a circle around the 

warning track. When they finished 

the loop, the players got off and 

walked into the infield, where they 

took part in a ceremonial first pitch 

to members of the Red Sox. 

Music producer: Shaquille O’Neal 

sex tape was erased 

A Los Angeles music producer 

confirmed last week in a preliminary 

criminal hearing that at one 

point he had a tape from his home 

security system of Shaquille O’Neal 

having sex with a woman, but that 

it had been recorded over. 

Asked by a prosecutor if he 

had such a video at the time of an 

alleged kidnapping, Robert Ross 

replied: “It was over. It was gone.” 

Ross testified that gang members 

kidnapped him in 2008 and 

told him the reason was an “issue” 

with O’Neal and his business 

partner. 

What’s on ... 

Television today 

rep 

Former Giant Barber battled 

depression, says he needs NFL 

BASEBALL 

7 p.m. Angels at Marlins FSN 

7 p.m. Yankees at Reds ESPN 

8 p.m. Rays at Brewers Sun 

COLLEGE BASEBALL WORLD SERIES 

2 p.m. North Carolina vs. Texas (elimination game) ESPN 

7 p.m. Florida vs. Vanderbilt ESPN2 

CYCLING 

5 p.m. Tour de Suisse Versus 

TENNIS 

7 a.m. Wimbledon ESPN2 

Radio today 

BASEBALL 

7 p.m. Angels at Marlins 760-AM, 790-AM, 1450-AM 

7 p.m. Yankees at Reds 640-AM or 1400-AM 

Upcoming schedule 

Florida Marlins 

PalmBeachPost.com/marlins 

Sun Life Stadium, Miami Gardens 

Tickets: (877) 627-5467 

More coverage 

For the latest breaking news and information 

on the Marlins and Major League Baseball go to 

PalmBeachPost.com/marlins 

SUNDAY 

JUNE 19 

at 

TB 

L, 2-1 

at 

SEA 

10:10 p.m. 

No TV 

MICHAEL DWYER/The Associated Press 

The Bruins parade the Stanley Cup around Fenway Park before Sunday’s game. 

MONDAY 

JUNE 20 

vs. 

LAA 

7:10 p.m. 

FSN 

TUESDAY 

JUNE 21 

vs. 

LAA 

7:10 p.m. 

FSN 

at 

OAK 

10:05 p.m 

FSN 

Online poll 

Tiki Barber says failures off the 

field after his retirement from football 

in 2006 led to a yearlong bout 

with depression. 

The 36-year-old Barber, the New 

York Giants’ career leading rusher, 

acknowledged in an HBO report to 

be aired Tuesday that he now needs 

football more than it needs him. 

Barber has spent the past four 

months working out in an attempt 

to make a comeback, although his 

chances rest on the league and its 

players reaching a new collective 

bargaining agreement. 

Barber said football represents 

a necessary anchor in a life turned 

upside down by the depressive aftermath 

of divorce and disintegration 

of his television career. 

“The game never needs you 

because there’s always someone 

else to come and take your place,” 

he said. “But right now, I need the 

game.” 

Canadian water polo player 

apologizes for role in riot 

A rising star on Canada’s junior 

water polo team has apologized for 

his role in the Stanley Cup riot. 

A sobbing Nathan Kotylak told 

a local TV station that what he did 

was “dumb” and he’s prepared to 

face the consequences. 

Kotylak, 17, surrendered to police 

after social media sites posted 

pictures showing a youth stuffing a 

burning rag into the gas tank of a 

Vancouver police car Wednesday. 

Area events 

DOG RACING 

1 p.m. Palm Beach Kennel Club (561) 683-2222 

HARNESS RACING 

7:05 p.m. Pompano Harness Racing (954) 972-2000 

Today’s question: Is Edwin Rodriguez to blame for the Marlins’ 

collapse? 

A. Yes B. No 

Sunday’s results: Which sport’s athletes collectively have the 

biggest whiners? 

Basketball: 71 percent Baseball: 10 percent 

Football: 17 percent Hockey: 2 percent 

WEDNESDAY 

JUNE 22 

vs. 

LAA 

7:10 p.m. 

FSN 

at 

OAK 

10:05 p.m 

FSN 

THURSDAY 

JUNE 23 

at 

OAK 

3:35 p.m 

FSN 

FRIDAY 

JUNE 24 

at 

SEA 

10:10 p.m 

FSN 

at 

TEX 

8:05 p.m. 

FSN 

SATURDAY 

JUNE 25 

at 

SEA 

10:10 p.m 

FSN 

JUNE 26 JUNE 27 JUNE 28 JUNE 29 JUNE 30 JULY 1 JULY 2 

www.palmbeachpost.com/sports 

at 

TEX 

8:05 p.m. 

FSN 

How to contact us 

Telephone: (561) 820-4440 

Fax line: (561) 820-4481 

E-mail: pbsports@pbpost.com 

SPORTS EDITOR 

Dave Tepps, (561) 820-4742 

email: dave_tepps@pbpost.com 

6049214 

6083765 

5 

June 1st 

to 

Nov. 2nd 

2011 

All rates include greens 

fee and cart. 6% tax 

additional. A no show 

fee may be charged on 

cancellations made less 

than 24 hrs. from tee time. 

WINSTON TRAILS 

GOLF CLUB 

Voted BEST 

Golf Course 

- Public 

5 

TEE TIMES – 561-622-0036 

www.AbacoaGolfClub.com 

I-95 to Donald Ross • East to Parkside, then left. 

WINNER: 

WPBF A-LIST AWARD 

“THE BEST PLACE 

TO PLAY” 

WINSTON TRAILS CASH 

$ 

5.00 - SPEND IT ANY WAY YOU LIKE! 

(Must Purchase a Round of Golf to Redeem Coupon) 

Green Fees, Merchandise, Food & Beverage from Asherwood Grill 

Coupon valid ONLY when golf is purchased. One coupon per customer. 

Must present coupon. No photo copies accepted. Cannot be combined with 

other offers. Green Fees 7am-12pm, Monday-Friday. Expires 6/30/11. 

JUNE GOLF RATES - JUNE 1 ST - JUNE 30 TH 

MONDAY THRU 7 AM 12 PM 2 PM - CLOSE 

SUNDAY $34.95 $31.95 $27.95 

Junior Rate $22.95 Anytime, must be 15 or younger. 

Summer Junior Golf Camps 

Call 561-439-3700 for Details & Registration 

June, July & August Dates Available 

Mon, Tue, Thurs, & Fri 

Play All You Can! 

12PM till Close 

MON.- FRI. 

$ 

45 

$ 

40 

$ 

30 After 

OPEN TO THE PUBLIC • FOR TEE TIMES 561-439-3700 

From I-95, exit Hypoluxo Rd., go west to Jog Rd. (5 miles), 

turn right, 1/2 mile on right. 

www.winstontrailsgolfclub.com 

NO. 6087256 

7:00- 

11:59am 

After 

12pm 

2:30pm 

WINNER: 

WFLX FOX 29 2010 

“BEST PUBLIC 

GOLF COURSE” 


WELLINGTON PLANNING, 

ZONING AND ADJUSTMENT 

BOARD WELLINGTON 

COUNCIL PUBLIC HEARINGS 

NOTICE OF ZONING 

TEXT CHANGE 

The Wellington Planning, Zoning and Adjustment Board and Wellington 

Council will hold public hearings on the following Ordinance: 

AN ORDINANCE OF THE COUNCIL OF WELLINGTON, FLORIDA, 

RELATING TO RECREATIONAL VEHICLES; AMENDING ARTICLE 

6, “ZONING DISTRICTS”, CHAPTER 10, “EQUESTRIAN OVERLAY 

ZONING DISTRICT”, SECTION. 6.10.9.A, “TEMPORARY RESIDENCE” 

OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS TO ALLOW 

RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY WITHIN THE 

EQUESTRIAN OVERLAY ZONING DISTRICT (EOZD) AND PROVIDING 

REGULATIONS THEREFORE AND AMENDING REGULATIONS 

RELATING TO RECREATIONAL VEHICLE PARKS WITHIN THE EOZD; 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER 

CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN 


Said public hearings will be held as follows: 

PLANNING, ZONING AND ADJUSTMENT BOARD 

Location: City Hall 

12300 Forest Hill Boulevard, Wellington, Florida. 

Date: July 6, 2011 at 7:00 P.M. or as soon thereafter as may be 

heard in the orderly course of business. The hearing of the request may be 

continued from time to time as may be found necessary. 

Notice is hereby given that members of the Council of Wellington may attend 

and participate in the board proceedings. 

WELLINGTON COUNCIL 

Location: City Hall, 12300 Forest Hill Boulevard, Wellington, Florida. 

Date: July 26, 2011 (First Reading) 

August 23, 2011 (Second Reading) 

At 7:00 P.M. or as soon thereafter as may be heard in the 

orderly course of business. The hearing of the request may be 

continued from time to time as may be found necessary. 

All interested parties are invited to attend and be heard with respect to the 

proposed ordinance. Copies of all documents pertaining to the proposed 

ordinance are available in the Planning and Zoning Department at the address 

listed below and can be reviewed by the public from Monday to Thursday 

between the hours of 7:00 a.m. and 6:00 p.m. 

Planning and Zoning Department 


Wellington, Florida, 33414 

(561) 753-2430 

Appeals: If a person decides to appeal any decision with respect to 

any matter considered at such hearing, he/she will need a 

record of the proceedings and for such purpose may need 

to ensure that a verbatim record of the proceedings is made 

which record includes the testimony and evidence upon 

which the appeal is to be based. All appeals must be fi led in 

accordance with the applicable provisions of the Wellington 

Land Development Regulations. 

Pursuant to the provisions of the Americans With Disabilities Act, any person 

requiring special accommodations to participate in this hearing, because of 

a disability or physical impairment, should contact the Wellington Manager’s 

Office at (561) 791-4000 at least fi ve calendar days prior to the Hearing. 

Dated: June 16, 2011 

Publish: The Post June 20, 2011 

SAVE MONEY NOW! 

SAT.-SUN. 

& Holidays 

$ 

55 

$ 

50 

$ 

35 

SUMMER MEMBERSHIPS! 

NOW THRU OCTOBER 31ST 

$499.— PLAY ANYTIME FOR $21.00 CART FEE 

$899.— CART FEE INCLUSIVE — RESTRICTED 

ON FRIDAY-SUNDAY & HOLIDAY — UNTIL AFTER 2:00 

Membership dues subject to 6% sales tax 

$ 

26 95 

Plus tax 

Must Have Coupon. Not to be Combined 

with any other Offers. Exp. 6/30/11 

5 

5


7. B 



AGENDA ITEM NAME: RESOLUTIONS ADOPTING THE BUDGETS AND ASSESSMENT RATES 

AND WATER AND WASTEWATER UTILITIES FOR ACME IMPROVEMENT DISTRICTS AND 

WELLINGTONS SOLID WASTE ASSESSMENTS 

A. RESOLUTION AC2011-08 (ACME BUDGET) 


DISTRICT ADOPTING THE DISTRICT BUDGET AND NON-AD VALOREM ASSESSMENT 

ROLL AS PROVIDED HEREIN; LEVYING OF THE NON-AD VALOREM ASSESSMENTS 

FOR THE DISTRICT AND APPOINTING AN AUTHORIZED REPRESENTATIVE OF THE 

DISTRICT FOR CERTIFICATION OF THE DISTRICT’S NON-AD VALOREM 

ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. 

B. RESOLUTION AC2011-09 (ACME WATER SEWER UTILITY BUDGET) 


DISTRICT ADOPTING THE WATER AND SEWER UTILITY BUDGET FOR THE FISCAL 

YEAR COMMENCING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; AND 


C. RESOLUTION R2011-55 (SOLID WASTE COLLECTION) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE SOLID 

WASTE COLLECTION PROGRAM BUDGET AND NON-AD VALOREM ASSESSMENT 

ROLL AND LEVYING THE NON-AD VALOREM ASSESSMENTS FOR SOLID WASTE 

COLLECTION AND DISPOSAL WITHIN THE JURISDICTIONAL BOUNDARIES OF 

WELLINGTON; PROVIDING FOR RATES AND APPOINTING AN AUTHORIZED 

REPRESENTATIVE OF WELLINGTON TO CERTIFY THE SOLID WASTE COLLECTION 

NON-AD VALOREM ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. 





No 

FIRST READING 


REQUEST: Board approval of Resolution numbers AC2011-08 and AC2011-09 as presented 

adopting FY 2011/2012 budgets and assessment rates and appointing the Acme President as the 

official authorized representative to certify the non-ad valorem assessment rolls and Council


approval of Resolution R2011-55 as presented adopting the FY 2011/2012 solid waste collection 

and disposal assessments. 

EXPLANATION: 

i. Resolution No. AC2011-08 sets forth the Acme Improvement District budget and related nonad 

valorem assessment for Fiscal Year 2011/2012. 

The accompanying budget for Acme Improvement District totals approximately $5.3 million at 

the Non-Ad Valorem assessment of $200 per assessment unit. This is the same as the 

proposed assessment approved for TRIM purposes on July 12 th and unchanged from the prior 

year. 

ii. Resolution No. AC2011-09 adopts Wellington’s Fiscal Year 2011/2012 Water and Wastewater 

Utility budget. 

The accompanying budget for the water and wastewater utility totals approximately $19.5 

million (excluding depreciation). 

Water and wastewater rates will increase 7.5% on October 1, 2011 (Exhibit A attached), as 

adopted by resolution in July 2010. This is the last year of the proposed 7.5% increases as 

recommended in the Utility Rate Study and Master Plan. Future proposed increases will be 

based on the Consumer Price Index. 

iii. Resolution No. R2011-55 provides for the Solid Waste Collection Program, Fiscal Year 

2011/2012 budget and related non-ad valorem assessment for Fiscal Year 2011/2012. 

The accompanying budget for the solid waste collection program totals approximately $3.9 

million (excluding depreciation). 

Solid Waste assessment rates are $160 per curbside unit and $125 per containerized unit. 

This is the same as the proposed assessment approved for TRIM purposes on July 12, 2011 

and unchanged from the prior year. 

The accompanying Exhibit B sets forth the rates for FY 2011/2012. The Resolution provides 

for the Solid Waste Collection Program Non Ad-Valorem assessment rates, special services 

rates and container rental rates; and authorizes Wellington to collect at the time of issuance of 

Certificate of Occupancy to newly constructed residential units, the same Solid Waste 

Collection and Recycling fee, on a pro-rata basis, as all other residential units pay through the 

annual property assessment process. Funds received from collection of the disposal fee will 

be used to compensate the Contractor for its disposal costs not covered by fees collected 

through the annual property assessment from assessed residential units. The fee collected is 

the same as that collected by the Solid Waste Authority of Palm Beach County for disposal 

costs. 

The accompanying Exhibit C sets forth the Solid Waste Disposal Service rates for FY 

2011/2012. The TRIM proposed Solid Waste Authority assessment for single family units is 

$175 per unit and $99 per unit multifamily, up over 5%. 

LEGAL SUFFICIENCY: Yes


FISCAL IMPACT: Approval of the foregoing resolutions adopts the budgets and non ad valorem 

assessment rates for the Acme Improvement District and the Solid Waste fund; and adopts the 

budget for the Water/Wastewater fund for the fiscal year commencing October 1, 2011 and ending 

September 30, 2012. 


RECOMMENDATION: Board approval of Resolution numbers AC2011-08 and AC2011-09 as 

presented adopting FY 2011/2012 budgets and assessment rates and appointing the Acme 

President as the official authorized representative to certify the non-ad valorem assessment rolls 

and Council approval of Resolution R2011-55 as presented adopting the FY 2011/2012 solid waste 

collection and disposal assessments.


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RESOLUTION NO. AC2011-08 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME 

IMPROVEMENT DISTRICT ADOPTING THE DISTRICT BUDGET 

AND NON-AD VALOREM ASSESSMENT ROLL AS PROVIDED 

HEREIN; LEVYING OF THE NON-AD VALOREM 

ASSESSMENTS FOR THE DISTRICT AND APPOINTING AN 

AUTHORIZED REPRESENTATIVE OF THE DISTRICT FOR 

CERTIFICATION OF THE DISTRICT’S NON-AD VALOREM 

ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, The Board of Supervisors of Acme Improvement District has 

considered and adopt’s through this resolution an annual budget for the District for the 

2011/2012 fiscal year; and 

WHEREAS, The Board of Supervisors, in accordance with the District’s budget, 

does hereby levy non-ad valorem assessments upon designated lands lying within the 

jurisdictional boundaries of the District; and 

WHEREAS, Section 197.3632, Florida Statutes, requires the Board of 

Supervisors of the District to adopt a Non-Ad Valorem Assessment Roll; and 

WHEREAS, Section 197.3632, Florida Statutes, authorizes the Board of 

Supervisors of the District to designate an authorized representative of the District to 

certify the District’s Non-Ad Valorem Assessment Roll to the Tax Collector of Palm 

Beach County, Florida. 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS 

OF ACME IMPROVEMENT DISTRICT that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified as being true 

and correct. 

SECTION 2. The proposed budget attached hereto is hereby made a part hereof 

and adopted as the budget for the District’s Fiscal Year 2011/2012, except as said 

budget may be otherwise modified or adjusted in accordance with the laws of the State 

of Florida. 

SECTION 3. The District’s non-ad valorem special assessments shall be levied 

in accordance with the herein above adopted budget, except as said levy may be 

otherwise modified or adjusted in accordance with the laws of the State of Florida. 

SECTION 4. The District’s Non-Ad Valorem Assessment Rates for Fiscal Year 

2011/2012, per computed acre, are hereby adopted as follows:


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ACME IMPROVEMENT DISTRICT: $200 

SECTION 5. The District’s Non-Ad Valorem Assessment Roll is hereby adopted, 

except as said Non-Ad Valorem Assessment Roll may be otherwise modified or 

adjusted in accordance with the laws of the State of Florida. 

SECTION 6. The District’s Non-Ad Valorem Assessment Roll as adopted is to be 

continued to be collected from year to year until discontinued. 

SECTION 7. In accordance with Section 197.3632(5), Florida Statutes, Darell 

Bowen, President of Acme Improvement District, is hereby designated and authorized 

to certify the 2011/2012 Acme Improvement District’s Non-Ad Valorem Assessment Roll 

to the Tax Collector of Palm Beach County, Florida. 

SECTION 8. This Resolution shall take effect immediately upon adoption. 

PASSED AND ADOPTED this 23 rd day of August, 2011. 

ATTEST: 

ACME IMPROVEMENT DISTRICT 

By:_________________________ 

By:_________________________ 

Awilda Rodriguez, Secretary 

Darell Bowen, President 

APPROVED AS TO FORM 

AND LEGAL SUFFICIENCY 

By:__________________________ 

Jeffrey S. Kurtz, Board Attorney 

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Proposed 2011/2012 Non Ad Valorem Assessments and Utility Rates 

Proposed FY 2011 Change Percent 

Acme Improvement District $200 $200 $0 0.0% 

Solid Waste Curbside/Containerized $160/125 $160/125 $0 0.0% (1) 

Water 

Base $17.69 $16.46 $1.23 7.5% (2) 

Per 1,000 gal usage $2.00 ‐ 6.57 $1.86 ‐ 6.11 $0.24 ‐0.46 7.5% (2) 

Wastewater 

Base $16.87 $15.70 $1.18 7.5% (2) 

Per 1,000 gal usage $1.86 $1.73 $0.13 7.5% (2) 

(1) Contract expense increase based on actual area CPI for July 1, 2011 of 3.96% 

(2) Proposed increase of 7.5% as reported per rate study and usage less than 8,000 gallons



Proposed Acme Improvement District Budget 

FY 2011/2012 

Proposed 

Budget 

REVENUES 

Taxes: 

Non Ad Valorem Assessments $ 4,893,450 

Licenses & Permits 

Charges for Services 352,000 

Miscellaneous 20,000 

Interest 31,500 

Appropriation of Reserves ‐ 

TOTAL REVENUES $ 5,296,950 

EXPENDITURES 

Physical Environment: 

Surface Water Management $ 1,804,501 

Environmental Services 664,540 

Neighborhood Parks 334,305 

Preserve Maintenance 337,334 

Non‐Departmental ‐ 

Total Physical Environment $ 3,140,680 

Capital Outlay $ 1,394,663 

Debt Service $ ‐ 

Transfers Out: 

Indirect Cost Allocation $ 750,000 

Total Transfers Out $ 750,000 

Increase to Reserves $ 11,607 

TOTAL EXPENDITURES $ 5,296,950


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RESOLUTION NO. AC2011-09 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF 

ACME IMPROVEMENT DISTRICT ADOPTING THE 

WATER AND SEWER UTILITY BUDGET FOR THE 

FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND 

ENDING SEPTEMBER 30, 2012; AND PROVIDING AN 


WHEREAS, the Village of Wellington water and sewer utility is operated by the 

Acme Improvement District; and 

WHEREAS, the Board of Supervisors of Acme Improvement District have 

reviewed the Water and Sewer Utilities Budget and find that it will meet the necessary 

financial requirements for the Fiscal Year 2011/2012. 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS 

OF ACME IMPROVEMENT DISTRICT that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified as being true 

and correct. 

SECTION 2. The Board of Supervisors hereby approves and adopts the 

proposed Water and Sewer Utility budget attached hereto for the Fiscal Year 

2011/2012. 

SECTION 3. This Resolution shall take effect immediately upon adoption. 

PASSED AND ADOPTED this 23rd day of August, 2011. 

ATTEST: 

ACME IMPROVEMENT DISTRICT 

By:_________________________ 

By:_______________________ 

Awilda Rodriguez, Secretary 

Darell Bowen, President 



By: ________________________ 

Jeffrey S. Kurtz, Board Attorney


Proposed Utility System Budget 

FY 2011/2012 


Proposed 

Budget 

OPERATING REVENUES 

Water $ 9,000,000 

Wastewater 6,950,000 

Standby 71,000 

Penalty 200,000 

Meters ‐ 

Interest 281,250 

Intergovernmental Revenue ‐ 

Other 154,000 

Use of Rate Stabilization Fund 

Use of Capital Reserves 1,955,035 

Use of Capacity Fees 758,600 

CAPACITY FEES 

Water Capacity 75,000 

Sewer Capacity 50,000 


EXPENDITURES 

Operating 

Utility Administration $ 734,756 

Water Treatment Facility 2,739,607 

Water Distribution 823,997 

Water Meter Services 323,498 

Utility System Maintenance 527,773 

Wastewater Treatment Facility 1,900,611 

Wastewater Collections 868,762 

Utility Customer Service 626,127 

Laboratory 107,832 

Non‐Departmental 42,000 

Total Operating Expenditures $ 8,694,963 

Transfers 

Indirect Cost Allocation $ 1,550,000 

Total Operating Transfers $ 1,550,000 

Debt Service 

Principal & Interest on Bonds $ 2,873,700 

Interest on deposits 26,000 

Total Debt Service $ 2,899,700 

Capital Outlay 

Fixed Assets $ 696,662 

System Expansion Projects 758,600 

System Maintenance Projects 4,894,960 

Capital Contingency ‐ 

Total Capital Outlay $ 6,350,222 

Capital Renewal & Replacement 

Capacity Fee Funding $ 

‐ 

Capital Account Funding ‐ 

Total Renewal & Replacement $ ‐ 

TOTAL EXPENDITURES $ 19,494,885 

Note: Depreciation is not included


EXHIBIT A 

Wellington 

Water & Wastewater Rates and Charges 

Fiscal Year 2010/2011 vs. Proposed Fiscal Year 2011/2012 

INSIDE CITY 

Existing 

Water Rates 

FY 2010/2011 

Proposed 

Water Rates 

FY 2011/2012 

Existing 

Wastewater Rates 

FY 2010/2011 

Proposed 


FY 2011/2012 

SINGLE METER RESIDENTIAL WATER & SEWER 

Monthly Base Facility Rate $16.46 $17.69 $15.70 $16.87 

Usage Charge (Cost Per Thousand Gallons) 

0 - 8,000 Gallons $1.73 $1.86 

8,001 - 15,000 Gallons $1.73 $1.86 

15,001 - 25,000 Gallons 

Over 25, 000 Gallons 

0 - 6000 Gallons $1.86 $2.00 

6,001 - 15,000 Gallons $2.77 $2.98 

15,001 - 25,000 Gallons $3.72 $4.00 

Over 25,000 Gallons $6.11 $6.56 

MASTER METER RESIDENTIAL WATER & SEWER - PER UNIT 



0 - 6,000 Gallons $1.86 $2.00 $1.73 $1.86 

6,001 - 12,000 Gallons $2.77 $2.98 $1.73 $1.86 

12,001 - 20,000 Gallons $3.72 $4.00 

Over 20, 000 Gallons $6.11 $6.56 

(*) = For residential service, wastewater usage charges are capped at the consumption range referenced above. 

COMMERCIAL WATER, SEWER, & IRRIGATION 

Monthly Base Facility Rate is determined by meter size 

5/8" Meter $16.46 $17.69 $15.70 $16.87 

1" Meter $35.84 $38.53 $36.06 $38.76 

1 1/2" Meter $68.02 $73.12 $69.94 $75.18 

2" Meter $106.78 $114.79 $110.54 $118.83 

3" Meter $210.10 $225.86 $219.06 $235.49 

4" Meter $326.22 $350.69 $341.05 $366.63 

6" Meter $649.10 $697.78 $680.01 $731.01 

8" Meter $1,159.99 $1,246.99 $1,210.65 $1,301.45 

COMMERCIAL USAGE 

0 - 8,000 Gallons $1.86 $2.00 $1.73 $1.86 

8,001 - 15,000 Gallons $2.77 $2.98 $1.73 $1.86 

Over 15,000 Gallons $3.72 $4.00 $1.73 $1.86 

IRRIGATION USAGE 

0 - 15,000 Gallons $2.77 $2.98 N/A N/A 

Over 15,000 Gallons $3.72 $4.00 N/A N/A 

VACANT LOT STANDBY CHARGE 

All vacant lots having the availability of Water/Wastewater Service $10.00 $10.75 $10.64 $11.44


EXHIBIT A 

Wellington 

Water & Wastewater Rates and Charges 

Fiscal Year 2010/2011 vs. Proposed Fiscal Year 2011/2012 

OUTSIDE CITY 

Existing 

Water Rates 

FY 2010/2011 

Proposed 

Water Rates 

FY 2011/2012 

Existing 


FY 2010/2011 

Proposed 


FY 2011/2012 

SINGLE METER RESIDENTIAL WATER & SEWER 



0 - 8,000 Gallons $2.17 $2.33 

8,001 - 15,000 Gallons $2.17 $2.33 

15,001 - 25,000 Gallons 

Over 25, 000 Gallons 

0 - 6000 Gallons $2.32 $2.50 

6,001 - 15,000 Gallons $3.46 $3.72 

15,001 - 25,000 Gallons $4.64 $4.99 

Over 25,000 Gallons $7.63 $8.20 

MASTER METER RESIDENTIAL WATER & SEWER - PER UNIT 



0 - 6,000 Gallons $2.32 $2.50 $2.17 $2.33 

6,001 - 12,000 Gallons $3.46 $3.72 $2.17 $2.33 

12,001 - 20,000 Gallons $4.64 $4.99 

Over 20, 000 Gallons $7.63 $8.20 

(*) = For residential service, wastewater usage charges are capped at the consumption range referenced above. 

COMMERCIAL WATER, SEWER, & IRRIGATION 

Monthly Base Facility Rate is determined by meter size 

5/8" Meter $20.56 $22.11 $19.61 $21.08 

1" Meter $44.80 $48.15 $45.06 $48.44 

1 1/2" Meter $85.02 $91.40 $87.43 $93.99 

2" Meter $133.48 $143.49 $138.18 $148.54 

3" Meter $262.62 $282.32 $273.82 $294.36 

4" Meter $407.77 $438.35 $426.31 $458.29 

6" Meter $811.37 $872.22 $850.01 $913.76 

8" Meter $1,449.98 $1,558.73 $1,513.32 $1,626.82 

COMMERCIAL USAGE 

0 - 8,000 Gallons $2.32 $2.50 $2.17 $2.33 

8,001 - 15,000 Gallons $3.46 $3.72 $2.17 $2.33 

Over 15,000 Gallons $4.64 $4.99 $2.17 $2.33 

IRRIGATION USAGE 

0 - 15,000 Gallons $3.46 $3.72 N/A N/A 

Over 15,000 Gallons $4.64 $4.99 N/A N/A 

VACANT LOT STANDBY CHARGE 

All vacant lots having the availability of Water/Wastewater Service $12.49 $13.43 $13.30 $14.30


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ADOPTING THE SOLID WASTE COLLECTION PROGRAM 

BUDGET AND NON-AD VALOREM ASSESSMENT ROLL AND 

LEVYING THE NON-AD VALOREM ASSESSMENTS FOR SOLID 

WASTE COLLECTION AND DISPOSAL WITHIN THE 

JURISDICTIONAL BOUNDARIES OF WELLINGTON; PROVIDING 

FOR RATES AND APPOINTING AN AUTHORIZED 

REPRESENTATIVE OF WELLINGTON TO CERTIFY THE SOLID 

WASTE COLLECTION NON-AD VALOREM ASSESSMENT ROLL; 

AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS Chapter 46 “Solid Waste” of the Wellington Council Code of 

Ordinances, establishes a mandatory Solid Waste Collection Program for Wellington; and 

WHEREAS, Chapter 46 “Solid Waste” requires Wellington to implement the Solid 

Waste Collection Program by adopting rates for all customers, accounts, and Dwelling 

Units which require Residential Solid Waste Collection services as required by 

Wellington; and 

WHEREAS, Wellington desires to charge those customers, accounts, and 

Dwelling Units requiring residential curbside and containerized service as required by 

Wellington’s Solid Waste Collection Program pursuant to the procedures in Section 

197.3632, Florida Statutes and otherwise known as the “uniform method”; and 

WHEREAS, Wellington has completed a review of said rate schedules and annual 

Solid Waste Collection Non-Ad Valorem Assessment Roll; and 

WHEREAS, Section 197.3632, Florida Statutes, requires Wellington, when 

adopting the Solid Waste Collection Non-Ad Valorem Assessment Roll, to specify the unit 

of measurement for the assessment and the amount of the assessment as defined in 

Chapter 46 “Solid Waste” and as defined in the Solid Waste and Recycling Collection 

Agreement executed between Wellington and Contractor; and 

WHEREAS, the Wellington Council is required to consider and adopt a budget for 

Wellington to levy non-ad valorem assessments for the Solid Waste Collection Program 

upon designated lands lying within the jurisdictional boundaries of Wellington in 

accordance with Wellington’s budget; to adopt a non-ad valorem assessment roll; and to 

designate an authorized representative of Wellington to certify Wellington’s non-ad 

valorem assessment roll to the Tax Collector of Palm Beach County, Florida for the Solid 

Waste Collection Program; and 

WHEREAS, Wellington desires to charge all Non-Assessed Residential Units 

resulting from new construction during the year or post-January 1, 2011 annexation of 

property into Wellington that require Solid Waste Disposal services which costs are not 

assessed by Wellington or the Solid Waste Authority of Palm Beach County, Florida 

(Authority) pursuant to the procedures in Section 197.3632, Florida Statutes; and


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WHEREAS, Wellington has awarded a Solid Waste and Recycling Collection 

Agreement (“Contract”) for the performance of specified solid waste and recycling 

collection services; and 

WHEREAS, Wellington has agreed to compensate the Contractor for disposal 

costs associated with newly constructed Residential Collection Units which are not 

assessed by Wellington or the Authority pursuant to the Uniform Method of Collection of 

Non-Ad Valorem Assessments (“Uniform Method”); and 

WHEREAS, the Authority collects fees for all or a portion of the cost of processing 

and disposing of solid waste and recycling materials from all improved property in Palm 

Beach County using the Uniform Method; and 

WHEREAS, the Contractor invoices and collects the cost of disposal from 

commercial customers resulting from new construction during the year once a certificate 

of occupancy (CO) has been issued by Wellington to such customer at the time the 

account is established between the Contractor and the commercial customer; and 

WHEREAS, it is the policy of Wellington that the Solid Waste Management 

Program be fiscally self-supporting as an enterprise fund operation requiring all improved 

properties located within Wellington to pay for the full costs of Solid Waste services, 

including Contract services provided; and 

WHEREAS, Wellington desires all Non-Assessed Residential Units to pay for the 

Contract services provided pursuant to the Solid Waste Management and Mandatory 

Solid Waste and Recycling Collection Program; and 

WHEREAS, Wellington has completed a review of said rates. 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S 

COUNCIL that: 

SECTION 1: The foregoing recitals are hereby affirmed and ratified. 

SECTION 2: The terms used herein have the meaning set out in Chapter 46 “Solid 

Waste”. 

SECTION 3: The Solid Waste Collection Program Budget attached hereto is hereby 

adopted as the Solid Waste Collection Program Budget for Wellington’s Fiscal Year 

2011/2012, except as said Budget may be otherwise modified or adjusted in accordance 

with the laws of the State of Florida. 

SECTION 4: The Solid Waste Collection Non-Ad Valorem Assessments shall be levied in 

accordance with the hereinabove adopted Solid Waste Collection Program Budget, 

except as said levy may be otherwise modified or adjusted in accordance with the laws of 

the State of Florida. 

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SECTION 5: The Solid Waste Collection Non-Ad Valorem Assessment Rates for 

Residential Assessed Units within Wellington shall be One Hundred Sixty Dollars 

($160.00) for curbside service and One Hundred Twenty-five Dollars ($125.00) for 

container service. The Solid Waste Collection Non-Ad Valorem Assessment Rates shall 

be for the Fiscal Year 2011/2012 and shall become effective October 1, 2011. 

SECTION 6: The Solid Waste Collection Non-Ad Valorem Assessment Roll is hereby 

adopted, except as said Solid Waste Collection Non-Ad Valorem Assessment roll may be 

otherwise modified or adjusted in accordance with the laws of the State of Florida. 

SECTION 7: The Solid Waste Collection Non-Ad Valorem Assessment Roll as adopted 

is to be continued to be collected from year to year until discontinued. 

SECTION 8: Darell Bowen, Mayor of Wellington, is hereby designated and authorized to 

certify Wellington’s 2011/2012 Solid Waste Collection Non-Ad Valorem Assessment Roll. 

SECTION 9: Wellington is hereby adopting fees for the purpose of providing for: 1) the 

collection of Residential Solid Waste from residential curbside and containerized 

customers, accounts, and Dwelling Units for newly constructed residential structures 

located within the Service Area which are not subject to the Uniform Method as allowed 

by Florida Statutes (defined as the “Non-Assessed Residential Units”); and 2) to provide 

a fee for the servicing of commercial accounts located within the Service Area. 

The Schedule of Rates to be applied to Non-Assessed Residential Units for 

Residential Solid Waste Collection Service, as described in this section and as set forth 

in the attached Exhibit A, is hereby adopted. The monthly rates for service to Non- 

Assessed Residential Units shall be identical to the monthly residential curbside and 

containerized rates which are applied to Residential Assessed Units. 

The amount of the fees charged and collected from a Non-Assessed Residential 

Unit, as set forth in Exhibit “A”, shall be computed as provided in this section. Since the 

addition of newly constructed residential structures can occur uniformly throughout the 

period of time between when a property is recognized on the Property Appraiser’s Tax 

Roll and the rates for service are subsequently collected using the Uniform Method for 

Residential Solid Waste Collection services, it is necessary to prorate and collect said 

fees for that period of time which Residential Solid Waste Collection services are 

provided to the Non-Assessed Residential Unit. The amount of the fees charged and 

collected from a Non-Assessed Residential Unit shall be computed by Wellington based 

on the formula contained in this section. Wellington shall collect said fees for Non- 

Assessed Residential Units as provided for in this Resolution. 

Wellington shall compute the amount of fees based on the following formula: 

Non-Assessed Residential Unit Billing Formula: 

(MR x MF) + (DR x RD) = Total Fees Due 

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MR = The rate for Residential Solid Waste Collection services as shown on 

Exhibit A expressed on monthly basis (Annual Rate divided by 12 months). 

MF = Factors from Monthly Factor Table as determined by Wellington. 

DR = The rate for Residential Solid Waste Collection services for Non-Assessed 

Residential Units as shown on Exhibit A expressed on a daily basis (Annual 

Rate divided by 365 days). 

RD = Remaining days in month in which a Certificate of Occupancy or Certificate 

of Completion or Release of Electrical Power (collectively referred to as the 

CO) for a newly constructed residential Dwelling Unit, including the day of 

issue. 

The determination of the fees to be collected from Non-Assessed Residential 

Units associated with new construction, as outlined in this section, will not be 

applicable to commercial service. The Schedule of Rates shown on Exhibit A for 

Non-Assessed Residential Units shall be for the 2011/2012 Fiscal Year and shall 

become effective October 1, 2011. 

Wellington shall collect fees charged to the Non-Assessed Residential Units as 

follows: 

a. At the time application is made for a newly constructed residential building, 

Wellington, pursuant to the terms of this Resolution, shall collect from each 

CO Applicant the Non-Assessed Residential Unit fees calculated in 

accordance with the methodology used by Wellington as set forth in this 

Resolution. No CO shall be subsequently issued without proof indicating 

the full payment of the Non-Assessed Residential Unit fees required to 

provide Residential Solid Waste Collection services. 

b. Any residential properties with existing improvements thereon which were 

annexed into Wellington after January 1, 2011, shall be billed for full 

payment of the Residential Solid Waste Collection services calculated in 

accordance with the methodology as set for in this Resolution. 

c. All fees collected from Non-Assessed Residential Units will be deposited 

into funds for the benefit of the Solid Waste Enterprise Fund. 

d. The non-payment of the Non-Assessed Residential Unit fees for Residential 

Solid Waste Collection service shall not constitute a lien on the property of 

the Applicant which has not paid such fees. 

SECTION 10: The Schedule of Rates for Commercial Solid Waste Collection service, 

as set forth in the attached Exhibit “A”, is hereby adopted as the Commercial Rates. The 

rates for Commercial Solid Waste Collection service shall be billed by the Contractor 

granted a Franchise Agreement to provide exclusive collection services to this class of 

service as defined in the Solid Waste and Recycling Collection Agreement. A written 

agreement between the Contractor and each commercial customer or account shall be 

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required and entered into regarding the level and type of service to be provided and 

manner of collection of fees. The Schedule of Rates shown on Exhibit A for Commercial 

Solid Waste Collection service shall become effective October 1, 2011. 

SECTION 11: The Schedule of Rates to be charged for special services at the request 

of the customer and for container rentals, all as shown in the attached Exhibit A, is 

hereby adopted. The attached Schedule of Special Rates and Container Rental Rates 

shall become effective October 1, 2011. 

SECTION 12: Wellington does hereby adopt fees for the purpose of providing for the 

collection of Solid Waste Disposal Costs from Non-Assessed Residential Units for newly 

constructed structures and post-January 1, 2011 annexations into Wellington and located 

within the Service Area which are not subject to collection pursuant to the Uniform 

Method as authorized by Florida Statutes by either Wellington or the Authority. 

The Schedule of Rates to be applied to Non-Assessed Residential Units for Solid 

Waste Disposal Costs, as described in this Resolution and as set forth in Exhibit “B”, 

attached hereto and made a part hereof, is hereby adopted. The rates for Solid Waste 

Disposal Costs for Non-Assessed Residential Units shall be based upon the average 

solid waste generation rates for that category of waste established in Exhibit 1 of the 

Contract and the tipping fee for the disposal of such waste as provided by the Authority 

for Residential Curbside and Containerized Service, which are also applied to residential 

Assessed Units by the Authority. 

The amount of the fees charged and collected from a Non-Assessed Residential 

Unit, as set forth in Exhibit “B”, shall be computed as provided in this Resolution. Since 

the addition of newly constructed structures can occur uniformly throughout the period of 

time between when a property is included on the Property Appraiser’s Assessment Roll 

and the rates for disposal set by the Authority are subsequently collected using the 

Uniform Method from the Non-Assessed Residential Units, it is necessary to prorate said 

fees for that period of time which Solid Waste Disposal service is provided to the Non- 

Assessed Residential Units. The amount of the fees charged and collected from Non- 

Assessed Residential Units shall be computed by Wellington based on the formula 

contained in this Section. Wellington has an Agreement with the Authority which 

provided, among other things, for the collection of fees from Assessed Residential Units 

for the Disposal Cost of Solid Waste using the Uniform Method. Wellington shall collect 

fees from Non-Assessed Residential Units, as provided for in this Resolution, in 

accordance with disposal costs and rates established by the Authority and the provisions 

of the Solid Waste Management Program adopted by Wellington. 

Wellington shall compute the amount of fees for Solid Waste Disposal Costs for 

each Non-Assessed Residential Unit based on the following formula: 

Non-Assessed Residential Unit Billing Formula: 

(MR + MF) + (DR x RD) = Total Fees Due 

MR = The rate for Residential Solid Waste Disposal Costs as shown on Exhibit 

“B” expressed on a monthly basis (Annual Rate divided by 12 months). 

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MF = Factors from Monthly Factor Table as determined by Wellington. 

DR = The rate for Residential Solid Waste Disposal Costs for Non-Assessed 

Residential Units as shown on Exhibit “B” expressed on a daily basis 

(Annual Rate divided by 365 days). 

RD = Either the remaining days in the month in which a Certificate of Occupancy 

or Certificate of Completion or Release of Electrical Power (collectively 

referred to as the CO) for a newly constructed residential dwelling unit 

including the day of issue, or remaining days in the month since the date of 

annexation into Wellington, whichever is applicable. 

The Schedule of Rates shown on Exhibit “B” for the collection of Solid Waste 

Disposal Costs from Non-Assessed Residential Units shall be for the 2011/2012 

Fiscal Year and shall become effective October 1, 2011. 

Wellington shall collect fees charged to the Non-Assessed Residential Units as 

follows: 

a. At the time application is made for a newly constructed residential unit or 

structure, Wellington shall collect from each CO Applicant the Non-Assessed Residential 

Unit fees for Solid Waste Disposal calculated in accordance with the methodology as set 

forth in this Resolution. No CO shall be issued without proof indicating the full payment 

of the Non-Assessed Residential Unit fees required to provide Residential Solid Waste 

Disposal services. 

b. Any residential properties with existing improvements thereon which were 

annexed into Wellington after January 1, 2011, shall be billed for full payment of the Non- 

Assessed Residential Unit fees for Solid Waste Disposal calculated in accordance with 

the methodology as set for in this Resolution. 

c. All fees collected from Non-Assessed Residential Units will be deposited 

into funds for the benefit of the Solid Waste Enterprise Fund. 

d. The non-payment of the fees for Non-Assessed Residential Unit Solid 

Waste Disposal service shall not constitute a lien on the property of the Applicant which 

has not paid such fees. 

No fee shall be collected from a newly constructed commercial unit since the 

invoicing and collection of disposal costs are the responsibility of the Contractor and 

commence immediately upon establishment of the account for service. Calculating a 

commercial unit Solid Waste Disposal Cost shall be done in accordance with the formula 

contained in Exhibit 1 of the Contract and shall be included in the customer’s disclosure 

notice provided by the Contractor. 

SECTION 13: A copy of this Resolution shall be kept on file with Wellington’s Clerk and 

shall be open to inspection to all interested parties. 

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SECTION 14: If any clause, section, or provision of this Resolution shall be declared by 

a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, 

only such portion shall be eliminated form this Resolution and the remainder of this 

Resolution shall continue in full force and effect and shall be construed to fulfill the intent 

of this Resolution so as to be a valid as if such invalid portion thereof had not been 

incorporated therein. 

SECTION 15: This Resolution shall take effect immediately upon its adoption. 

PASSED AND ADOPTED this 23rd day of August, 2011. 

ATTEST: 


By:__________________________ By:___________________________ 





By:____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington 

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Proposed Solid Waste Budget 

FY 2011/2012 

Proposed 

Budget 

SYSTEM REVENUES 

Solid Waste Collection Assessments $ 3,470,166 

Roll Off Fees (Permit & Service) 20,000 

Franchise Fee Receipts 200,000 

Intergovernmental Revenue 100,000 

Interest Income 81,250 

Miscellaneous Revenues 20,000 

Use of Reserves 


EXPENDITURES 

Operating 

Personnel Services $ 156,268 

Outside Services ‐ 

Solid Waste Collection 3,127,938 

Other Operating Expenses 62,892 

Total Operating Expenditures 3,347,098 

Capital Outlay ‐ 

TRANSFERS 

Indirect Cost Allocation 250,000 

Repayment to General Fund 125,567 

Increase to Reserves 168,751 

TOTAL EXPENDITURES $ 3,891,416 

Note: Depreciation is not included


EXHIBIT B 

SCHEDULE OF ANNUAL ASSESSMENT RESIDENTIAL UNIT SOLID WASTE COLLECTION 

SERVICE AND COMMERCIAL SOLID WASTE COLLECTION SERVICE RATES AND OTHER 

MISCELLANEOUS FEES 

1. Non Ad Valorem Assessment Residential Solid Waste Collection Service Rate per 

Dwelling Unit to be applied to Residential Assessed Units as set forth in this 

Resolution. 

Rate for Services 

Annual (*) Monthly (*) Daily (*) 

Residential Curbside Service $ 160.00 $ 13.33 $ 0.4384 

Residential Containerized Service $ 125.00 $ 10.42 $ 0.3425 

(*) Amounts shown do not include Solid Waste Disposal Costs which are billed 

separately by the Solid Waste Authority of Palm Beach County. To the extent 

that Wellington is required to collect Solid Waste Disposal Costs for the Solid 

Waste Authority of Palm Beach County, said cost(s) shall be in addition to the 

Rates for Services as set forth above. 

2. Commercial Solid Waste Collection Service Rates for service type: 

Rate for Services (*) 

Container $ 5.64 per cubic yard 

Compactor – 12 cubic yards or less $ 16.87 per cubic yard 

Compactor greater than 12 cubic yards $ 262.43 per container (pull) 

Roll‐Off (permanent) 

$ 262.43 per container (pull) 

(*) Amounts shown do not include Solid Waste Disposal Costs which are billed 

separately by the Solid Waste Authority of Palm Beach County. 

3. Monthly Container Rental Rates: 

Containers (Non‐Compacting) 

Size 

Rate 

(cubic yards) (without locking mechanism) 

1 yard $19.00 

2 yard $20.00 

3 yard $21.00 

4 yard $22.00 

6 yard $25.00 

8 yard $27.00


4. Charges for Special Services: 

SERVICE 

Rolling Out Commercial Universal Container 

with 10 or more feet per direction 

RATE PER SERVICE 

$1.00/Container Service 

(No charge for residential or commercial less 

than 10 feet per direction) 

Rolling Out Container 

(and returning it to original location) 

Back‐door Service 

(Residential curbside Only) (1) Solid Waste 

and Recycling only 

Opening (and closing) Doors or Gates 

Locks for Containers 

$2.70 Container/Service 

(more than 10 feet per direction) 

Negotiable between the parties 

But not to exceed $21.00/month/unit 

No Charge 

$9.00 (one time) 

Charges for replacements based on cost + 10% 

$1.35/Container/Service 

Unlocking Containers 

Supplying (and retrofitting) Locking 

Mechanism on Container (2) $55.00 

Adding Wheels to or Changing Wheels on 

Containers 

Adding Lids to or Changing Lids on Containers 

No Charge for Contractor owned Containers (See 

rate for other containers) 

No Charge for Contractor owned Containers (See 

rate for other containers) 

Moving Container Location per Customer No Charge for Contractor owned Containers 

Request 

Changing Out Sizes (Above once per year) (3) $25.00 

Additional Scheduled Pick‐ups for Residential Same as applicable Commercial Collection 

Container Customers 

Rates (no disposal charges) 

Additional Unscheduled (not including ‘oncall’) 

Pickups for Commercial and Residential 

Container Customers 

Cut Tree and Canopy Removal 

$85.00 special service fee plus 

3 times applicable commercial rates per 

dumpster 

(no disposal charges for residential) 

$12.00 per cubic yard plus $75.00 service 

charge 

(1) These will be no charge for those residents medically unable to bring solid 

waste, vegetative waste, or recyclable materials to curbside as delineated in 

Section 7. 

(2) Determine or necessity of locking mechanism is based on customer 

requirements. 

(3) The first container change out service is free to the customer.


EXHIBIT C 

SCHEDULE OF ANNUAL ASSESSMENT RESIDENTIAL UNIT 

SOLID WASTE DISPOSAL SERVICE RATES 

Non‐Assessed Residential Unit Solid Waste Disposal Service Rate per dwelling unit to be 

applied to new residential construction as set forth in this Resolution. 

TRIM Proposed 

Rate for Services 

Disposal (*) Monthly (*) Daily (*) 

Residential Service (per dwelling unit) 

Single Family $ 175.00 $ 14.58 $ 0.4795 

Multi‐Family $ 99.00 $ 8.25 $ 0.2712 

Mobile Home $ 167.00 $ 13.92 $ 0.4575 

(*) Amount shown is the cost of solid waste disposal for all residential curbside and 

containerized services countywide as established annually by the Authority. 

Wellington is obligated to collect the cost of solid waste disposal to compensate 

the Contractor for disposal costs not collected pursuant to the Uniform Method. 

Amounts shown are to be collected in addition to Solid Waste Collection Rates.


FY 2012 Capital Projects ‐ ACME Improvement District 

Estimated 

PROJECT 

Cost 

ACME Assessment Projects $1,350,000 

Drainage Infrastructure Maintenance & Imp. $300,000 

Equine Waste & Environmental Program $150,000 

Surface Water Management System Rehab $550,000 

Swale Maintenance Program $350,000 

Water & Wastewater Projects $5,653,560 

Section 25 Wells $758,600 

Storage/Repump Renewal & Replacement $192,000 

WTF Renewal & Replacement $280,000 

Water Supply Renewal & Replacement $567,000 

Water System R&R Sinking Fund $125,000 

Lift Station Upgrades and Rehab $644,560 

Collection System Renewal & Replacement $316,400 

Wastewater System R&R Sinking Fund $125,000 

WWTF Expansion $150,000 

WWTF Renewal & Replacement $1,990,000 

General Facilities Renewal & Replacement $105,000 

Field Services Facility Phase II $400,000 

TOTAL ACME & UTILITY CIP FY 2012 $7,003,560


8. A 



AGENDA ITEM NAME: ORDINANCE NO. 2011-07 (CHANGING THE DATES OF WELLINGTON'S 

ELECTION) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL RELATING TO CHANGING THE 

DATES OF WELLINGTON’S ELECTION FOR COUNCIL FROM THE SECOND THURSDAY IN 

MARCH TO THE FIRST TUESDAY IN NOVEMBER BY AMENDING ARTICLE II “COUNCIL” OF 

WELLINGTON’S CODE OF ORDINANCES BY ENACTING A NEW SECTION II.1 ENTITLED 

“SCHEDULE OF COUNCIL ELECTIONS”; TO PROVIDE FOR A NEW ELECTION DATE TO 

COINCIDE WITH THE BI-ANNUAL STATE AND NATIONAL ELECTIONS IN NOVEMBER; 

PROVIDING A CANDIDATE QUALIFYING PERIOD; PROVIDING A DATE THE ELECTED 

CANDIDATE WOULD ASSUME OFFICE; PROVIDING A SAVINGS CLAUSE; PROVIDING A 

REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. 





No 

FIRST READING 


REQUEST: Staff recommends Council consideration and direction with respect to the potential 

change in dates for the 2012 and forthcoming elections. 

EXPLANATION: The Supervisor of Elections has raised the question of whether municipalities may 

wish to move their elections from the March time period to the November time period. This is being 

suggested in 2012 because of potential primary dates and on an ongoing basis because the 

efficiency and cost reductions to her office in staging just a November election. The exact costs for 

a municipality participating in the November election have not yet been established by the 

Supervisor of Elections office. Wellington's experience in 2010 resulted in a municipal election cost 

of approximately $35,000 for regular election and $35,000 for the run-off. The cost of Wellington 

participating in the November 2010 elections with its referendum questions was approximately 

$11,500. It is anticipated that if municipal elections were scheduled for the November time period 

the cost of participating in the initial election would be less than $5,000. The difference between the 

referendum election and a candidate race is the ballots are simpler and thus less expensive and the 

cost of advertising for a candidate race is substantially less than the cost of advertising for multiple 

referendum questions. It is anticipated that the cost of the run-off election would be the same 

whether it was held in March or November.


Pursuant to Florida Statutes, a municipality may alter its election dates by the passage of an 

ordinance even if those elections dates are set forth in the Charter. If the Council was to consider 

moving the election date, staff would recommend prompt action on the attached draft ordinance to 

give potential candidates adequate notice of the change and not impact the 2012 races. The 

ordinance would move the date of the 2012 and subsequent municipal elections from the second 

Tuesday in March to the first Tuesday in November. The qualifying periods and the run-off elections 

have also been adjusted to take into consideration the change in the dates so that qualifying would 

begin 6 weeks before the election and any run-off would be 2 weeks after the election. 


FISCAL IMPACT: There would be anticipated savings of about $30,000 every 2 years as a result 

of this change. 


RECOMMENDATION: Staff recommends Council consideration and direction with respect to the 

potential change in dates for the 2012 and forthcoming elections.


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ORDINANCE NO. 2011-07 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL 

RELATING TO CHANGING THE DATES OF WELLINGTON’S 

ELECTION FOR COUNCIL FROM THE SECOND THURSDAY IN 

MARCH TO THE FIRST TUESDAY IN NOVEMBER BY 

AMENDING ARTICLE II “COUNCIL” OF WELLINGTON’S CODE 

OF ORDINANCES BY ENACTING A NEW SECTION II.1 

ENTITLED “SCHEDULE OF COUNCIL ELECTIONS”; TO 

PROVIDE FOR A NEW ELECTION DATE TO COINCIDE WITH 

THE BI-ANNUAL STATE AND NATIONAL ELECTIONS IN 

NOVEMBER PROVIDING A CANDIDATE QUALIFYING PERIOD; 

PROVIDING A DATE THE ELECTED CANDIDATE WOULD 

ASSUME OFFICE; PROVIDING A SAVINGS CLAUSE; 

PROVIDING A REPEALER CLAUSE AND PROVIDING AN 


WHEREAS, Sections 100.3605 and 101.75, Florida Statutes, provide that a governing 

body of a municipality made by ordinance change the dates for qualifying and for the election 

on members of the governing body and provide for the orderly transition of office resulting from 

such date changes; and 

WHEREAS, the electors of Wellington passed a charter amendment in 2010 reducing 

the likelihood of having run-off elections in the future; and 

WHEREAS, the cost to Wellington’s tax payers of conducting a municipal election in 

March was $35,000.00 in 2010 and is only expected to increase in future years; and 

WHEREAS, the cost of Wellington’s referendum election in November of 2010 which 

was coincident with the statewide election cost approximately $11,500.00; and 

WHEREAS, the expense incurred by Wellington for holding a municipal election is 

anticipated to decrease substantially if the date of the election was moved to the first Tuesday 

in November to coincide with state national elections as Wellington would not have to 

independently pay for the set up and manning of polling sites; and 

WHEREAS, there is typically much higher voter turnout in November elections than in 

the March elections; and 

WHEREAS, there is adequate time to allow potential candidate to adapt to the change 

in the election scheduled for 2012 as qualifying could be done under the current schedule until 

January of 2012; and 

WHEREAS, Wellington’s charter provides for the terms of office to be extended until the 

election of their successors, thus allowing for an orderly transition and changing Wellington’s 

Council election dates from March of 2012 to November of 2012; and 

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WHEREAS, the move in election dates will reduce the cost of providing in an election in 

increase of voter participation. 

NOW THEREFORE BE IT ORDAINED BY WELLINGTON’S COUNCIL THAT: 

SECTION 1. Article II “Council” of Wellington’s Code of Ordinances hereby amended 

by enacting Section II.1 “Schedule of Council Elections” to read as follows: 

II. “Council” 

1. Schedule of Council Elections – In accordance with Section 100.3605 and 101.75 of 

Florida Statutes this section shall supersede the charter provisions concerning the dates of 

Council elections in Wellington and change the dates of election beginning in 2012 from the 

second Tuesday in March to the first Tuesday in November to coincide with statewide and 

national election dates. 

(a) “Schedule For General Elections”. 

Beginning in 2012 every two years thereafter, the regular municipal election for Council in 

Wellington shall be the first Tuesday in November of each election year. Such election will be 

general Village wide elections. In the event no candidate for an office receives a minimum of 

35% of the votes cast for said office then a second election shall be held on the third Tuesday 

in November between the two top vote getters for the office. 

(1) If more than 2 candidates for an office receive an equal and highest number of votes cast 

in the initial election, the name of each candidate shall be placed on the second election ballot. 

(2) In any contest where there is a tie for second place, the name of the candidate placing first 

in the name of each candidate trying for second shall be placed upon the second election 

ballot. The candidate receiving the highest number of votes cast for the office in the second 

election will be elected to office, if the vote at the second election results in a tie the outcome 

shall be determined by lot. 

(b) Qualifying for office – Any resident of the Village of Wellington who wishes to become a 

candidate for Council shall qualify with Wellington’s Clerk no sooner than noon on the third 

Tuesday in September, nor later than noon on the third Tuesday in October of the year in 

which the election is to be held. 

(c) Assumption of office – At the first meeting following the certification of the election results 

by the canvassing board in accordance with the Wellington’s Section 8G of Wellington’s 

Charter, the candidates who were elected shall take office at the next Council meeting held. 

SECTION 2. All Ordinances or part of Ordinances in conflict be and the same are hereby 

repealed. 

SECTION 3. Should any section, paragraph, sentence, clause, or phrase of this 

Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 

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Ordinance, Resolution, or Municipal Code provision; then in that event the provisions of this 

Ordinance shall prevail to the extent of such conflict. 

SECTION 4. This Ordinance shall become effective immediately upon adoption by the 

Wellington Council following second reading. 

PASSED this ____ day of ______________, 2011 on first reading. 

PASSED AND ADOPTED this ____ day of ________, 2011, on second and final reading. 


FOR AGAINST 

BY:________________________________ _______ _______ 


________________________________ _______ _______ 

Matt Willhite, Vice Mayor 

________________________________ _______ _______ 

Dr. Carmine A. Priore, Mayor pro tem 

________________________________ _______ _______ 


________________________________ _______ _______ 


ATTEST: 

BY: ______________________________ 




BY: ______________________________ 

Jeffrey S. Kurtz, Esq., Attorney for Wellington 

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MEMORANDUM 

TO : DARELL BOWEN, MAYOR 

MATT WILLHITE, VICE MAYOR 

DR. CARMINE PRIORE, MAYOR PRO TEM 

HOWARD K. COATES, JR., COUNCILMAN 

ANNE GERWIG, COUNCILWOMAN 

CC : Paul Schofield 

Francine Ramaglia 

John Bonde 

Jim Barnes 


FROM : 

Jeffrey S. Kurtz, Esq. 

DATE : August 17, 2011 

RE : Potential change in the date of the 2012 and future elections from March to 

November 

************************************************************************** 

Wellington currently holds its municipal elections on the second Tuesday in March 

and has done so since incorporation. The election dates are set forth in Wellington’s Charter. 

Sections 100.3605 and 101.75 of Florida Statutes clearly provide an exception to the normal 

charter revision process and allow a governing body of a municipality to alter the dates of 

municipal elections and qualifying times for those elections and provide for an orderly 

transition of office resulting from such date changes. 

It is anticipated that the Supervisor of Elections, Susan Bucher, will be asking 

municipalities to consider changing the dates of their election to coincide with state and 

national elections in November of even numbered years. This request is being made on the 

basis of allowing her office to reduce costs and improve the efficiency. 

While the exact savings has not yet been negotiated with the Supervisor’s office, 

Wellington’s experience with 2 elections in 2010 may be instructive. The March regular and 

run-off elections cost Wellington just over $69,000.00 of which $24,400.00 was paid directly 

to the supervisor of Elections. The bulk of the additional expenses aside from SOE, were in 

paying poll workers for their service during the election. Wellington also participated in the


November elections because of the charter referendums. The total cost of the November 

election to Wellington was $11,518.00 of which $7,486.00 was paid directly to the 

Supervisor of Election. The other $4,000.00 was associated with the advertising cost 

associated with the referendum process. Wellington did not pay any monies towards the cost 

of poll workers to man the election in November. We anticipate cost for placing council races 

on the election would be less than the ballot questions as the ballot questions were more 

complex and lengthier than candidate races would be, so the additional savings may be. 

Furthermore, advertising cost associated with a normal election is less than $1,000.00. 

Copies of the breakdown of the costs are attached for your review. 

The positive reasons for moving the election are primarily anticipated savings and 

greater turnout of the electorate during the November elections. The arguments against 

moving the election are generally that the non-partisan municipal races can get lost and 

candidates have much more difficult time getting voters to focus on local issues when 

competing with state and national races. In addition, some feel that the elector who comes 

out to the November election is not as well informed on local issues as would be the elector 

who makes the special effort to come out for an election focus only on municipal issues. 

In order to facilitate your consideration of the issue an ordinance altering the date has 

been prepared for your review. It is staff’s opinion that if the Council wishes to change the 

dates, they should do so relatively quickly so as to not impact the 2012 race. No negative 

impacts are anticipated for the 2012 race since the qualifying period for office does not 

officially begin until January of 2012. If the Council was to pass the ordinance, it would 

become effective immediately and give notice to any potential candidates more than a year in 

advance of the actual election. Pursuant to the Charter, the election date was changed, the 

current office holders would remain in their office until their successors were elected. 

Council direction on whether to move forward with the ordinance will be requested at an 

upcoming meeting. 

Page 2 of 2













8. B 



AGENDA ITEM NAME: RESOLUTION R2011-59 (AUTHORIZATION TO ENTER INTO 

PURCHASE AND SALES AGREEMENTS WITH QUALIFIED AND APPROVED BUYERS FOR 

WELLINGTON'S NSP HOMES) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MANAGER OR 

HIS DESIGNEE TO NEGOTIATE, ENTER INTO AND EXECUTE CONTRACTS FOR THE SALE 

OF PROPERTIES ACQUIRED THROUGH WELLINGTON’S PARTICIPATION IN THE 

FEDERALLY FUNDED NEIGHBORHOOD STABILIZATION PROGRAM (NSP); REQUIRING THE 

MANGER TO FOLLOW NSP GUIDELINES; PROVIDING FOR WELLINGTON’S STAFF AND 

PERSONNEL TO FACILITATE AND ADMINISTER CLOSINGS FOR THE PROPERTIES; 

PROVIDING THAT THE MAYOR AND CLERK ARE AUTHORIZED TO EXECUTE ANY AND ALL 

DEEDS TRANSFERRING THE PROPERTIES UNDER THE TERMS OF THE NEGOTIATED 

CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. 





No 

FIRST READING 


REQUEST: Authorization for the Manager or designee to enter into Purchase and Sales 

Agreements with approved applicants meeting all Federal NSP guidelines as set forth in the NSP 

Agreement between Wellington and Palm Beach County. 

EXPLANATION: The final step in completing the NSP project is the resale of the five (5) renovated 

homes to qualified and approved homebuyers. In order to best facilitate this process, staff requests 

Council authorization for the Manager or his designee to execute purchase and sale agreements on 

behalf of Wellington. 




RECOMMENDATION: Authorization for the Manager or designee to enter into Purchase and Sales 

Agreements with approved applicants meeting all Federal NSP guidelines as set forth in the NSP 

Agreement between Wellington and Palm Beach County.


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AUTHORIZING THE MANAGER OR HIS DESIGNEE TO 

NEGOTIATE, ENTER INTO AND EXECUTE CONTRACTS FOR 

THE SALE OF PROPERTIES ACQUIRED THROUGH 

WELLINGTON’S PARTICIPATION IN THE FEDERALLY FUNDED 

NEIGHBORHOOD STABILIZATION PROGRAM (NSP); 

REQUIRING THE MANGER TO FOLLOW NSP GUIDELINES; 

PROVIDING FOR WELLINGTON’S STAFF AND PERSONNEL 

TO FACILITATE AND ADMINISTER CLOSINGS FOR THE 

PROPERTIES; PROVIDING THAT THE MAYOR AND CLERK 

ARE AUTHORIZED TO EXECUTE ANY AND ALL DEEDS 

TRANSFERRING THE PROPERTIES UNDER THE TERMS OF 

THE NEGOTIATED CONTRACTS; AND PROVIDING AN 


WHEREAS, Wellington has entered into an agreement with the Palm Beach County 

Department of Housing and Community Development for the purpose of receiving a grant 

under the federally funded Neighborhood Stabilization Program (NSP); and 

WHEREAS, Wellington has received NSP grant funds to acquire and rehabilitate 

residential properties; and 

WHEREAS, as a result of the participation in the program, Wellington has acquired and 

rehabilitated the following properties: 

1. Address: 10485 Pelican Drive, Wellington, Florida 

2. Address: 12 th Fairway, Wellington, Florida 

3. Address: Jonqil Place, Wellington, Florida 

4. Address: Periwinkle Place, Wellington, Florida 

5. Address: Yarmouth Court, Wellington, Florida 

WHEREAS, Wellington has marketed the properties for sale and is in the process of 

identifying buyers who are eligible under the NSP guidelines and procedures to purchase the 

properties; and 

WHEREAS, Wellington’s Council has determined it is more efficient for Wellington’s 

Manager and his designated staff to negotiate and enter into contracts for the sale and 

purchase of the rehabilitated homes with eligible buyers than to have the individual contracts 

subject to review by Wellington’s Council at a public meeting; and 

WHEREAS, Wellington’s Council acknowledges that, pursuant to NSP guidelines and 

procedures, the properties may be sold to eligible buyers for less monies than had been 

invested in their purchase and rehabilitation and further, that some of the properties may be 

sold for less than their full market value; and 

WHEREAS, the Manager and his staff are in the best position to administer the NSP 

program and determine that the program guidelines are being met.


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NOW THEREFORE BE IT RESOLVED BY WELLINGTON, FLORIDA’S COUNCIL 

THAT: 


correct. 

SECTION 2. The Manger or his designee are hereby authorized to negotiate and enter 

into binding agreements on behalf of Wellington for the sale of the NSP properties in 

accordance with NSP guidelines and procedures provided that any monies Wellington has 

invested in the property above and beyond the NSP grant funds are fully reimbursed to 

Wellington at the time of the closing on the property. 

SECTION 3. The Manager and his staff are further authorized to facilitate the closings 

on the properties and the Mayor and Clerk are specifically authorized to execute the closing 

statements and deeds transferring the properties in accordance with the terms of the contracts 

for sale and purchase negotiated and entered into by the Manger or his designee. 

SECTION 4. Following the sale of all the NSP properties the Manager shall provide a 

report to Council on the results of the NSP program. 

SECTION 5. This Resolution shall become effective immediately upon adoption. 


ATTEST: 


BY:________________________________ By: ____________________________ 





BY: ______________________________ 



1 RESOLUTION NO. R2011-08 

2 

3 A RESOLUTION OF THE COUNCIL OF WELLINGTON, FLORIDA 

4 APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO 

5 EXECUTE AN AGREEMENT FOR HOUSING COUNSELING AND 

6 FORECLOSURE SERVICES WITH HOUSING PARTNERSHIP 

7 INC.; PROVIDING AN EFFECTIVE DATE 

8 

9 WHEREAS, Wellington's staff had identified information in August of 2010 indicating 

10 that there were approximately 1,800 Wellington residences in the foreclosure process and that 

11 in the identified transitional neighborhoods the average rate of homeownership was only 28%; 

12 and 

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14 WHEREAS, the staff at that time had recommended contracting with a non-profit 

15 agency to provide housing assistance programs out of the Wellington Marketplace Safe 

16 Neighborhoods office; and 

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18 WHEREAS, Wellington's staff has negotiated an agreement for housing counseling and 

19 foreclosure services to include working with members of the public on the Hardest Hit program, 

20 Making Home Affordable program, housing counseling for the Neighborhood Stabilization 

21 program and Potential First Time Homebuyer program; and 

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23 WHEREAS, through these programs, participants will be educated on how to obtain, 

24 retain and maintain safe, decent and affordable housing; and 

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26 WHEREAS, Housing Partnership, Inc. will also provide marketing assistance for the 

27 Wellington owned NSP properties and facilitate the closings for such properties; and 

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29 WHEREAS, an agreement with Housing Partnership, Inc. has been prepared and a 

30 copy is attached as Exhibit "A"; and 

31 

32 WHEREAS, staff recommends Wellington Council approve the agreement with Housing 

33 Partnership, Inc. 

34 

35 NOW THEREFORE BE IT RESOLVED BY WELLINGTON'S COUNCIL THAT: 

36 SECTION 1. The above recitals are hereby affirmed and ratified as being true and 

37 correct. 

38 

39 SECTION 2. The agreement for Housing, Counseling and Foreclosure Services with 

40 Housing Partnership, Inc. attached hereto as Exhibit "A" is approved and the Mayor and Clerk 

41 are hereby authorized to execute said agreement on behalf of Wellington. 

42 

43 SECTION 3. This Resolution shall become effective immediately upon adoption. 

44 

45 

46 PASSED AND ADOPTED this 8th day of February, 2011. 

47


ATTEST: 

BY: (4-Le By: 

Awilda Rodriguez, Weliklgton-Cark 



BY: 

• S. Kurt: Esq.; Attorney for Wellington


Housing Partnership 

A Member of the Community Partnership Group 

February 22, 2011 

Ms. Rachel R. Callovi 

Deputy Clerk 




RECEIVED 

FEB 2 8 2011 

Subject: Agreement between Village of Wellington and Housing Partnership, Inc. 

Housing Counseling and Foreclosure Specialist Services 

Dear Ms. Callovi: 

Enclosed are two copies of the above-referenced agreement, signed by Patrick McNamara on 

behalf of Housing Partnership, Inc. Please return a fully executed copy to my attention at your 

earliest convenience. 

Thank you for your assistance. If anything else is required at this time, please give us a call at 

(561) 841-3500 x 1064. 

Very truly yours, 

z IL 

Renee B. Solis 

Executive Assistant 

:rbs 

Encl. 

cc: Patrick McNamara 

Gregory Demetriades 

Bonnie Conrad 

LDREN 

FAMILIES 

Children's Services Counc ii 

Housing Partnership, Inc. 

2001 W. Blue Heron Blvd. 

Riviera Beach, FL 33404 

(561) 841-3500 

Fax: (561) 841-3555 

www.gocpg.org


AGREEMENT FOR 

HOUSING COUNSELING & FORECLOSURE SPECIALIST SERVICES 

Between 


And 

HOUSING PARTNERSHIP, INC,


AGREEMENT FOR HOUSING COUNSELING & FORECLOSURE SERVICES 

THIS AGREEMENT is made this day of "te-6fii..0-7-4 AL, 1 1 , by and 

between the Village of Wellington, Florida (hereinafter referred to as WtLLINGTON) and 

Housing Partnership, Inc a Florida nonprofit corporation (hereinafter referred to as 

AGENCY), located at 2001 Blue Heron Blvd, Riviera Beach, Florida 33404. 

WHEREAS, Agency is an affiliate of NeighborWorks®America, a HUD-Approved 

Housing Counseling Intermediaries Agency and a National Foreclosure Mitigation 

Counseling grantee that educates consumers about their financial options and improving 

their personal finances; 

WHEREAS, Wellington wishes to engage Agency to render certain face-to-face 

counseling services to homeowners and prospective homeowners 

WHEREAS, AGENCY is willing to furnish the services desired by Wellington, upon the 

terms and conditions set forth in this Agreement. 

NOW, THEREFORE, in consideration of the promises contained herein, the parties 

hereto agree as follows: 

ARTICLE 1 

EFFECTIVE DATE 

The effective date of this Agreement shall be the date stated above. 

This Agreement will expire on February 8, 2012, and can be renewed for a period of one 

year, subject to appropriation of funding, except that it may be terminated as provided 

herein. 

ARTICLE 2 

SERVICES TO BE PERFORMED BY AGENCY 

2.1 GENERAL 

AGENCY shall coordinate Homeownership Services to include pre-purchase counseling, 

homebuyer education, non-delinquent post purchase education and counseling, marketing 

of homeownership opportunities offered through the NSP program, assistance in closing on 

NSP homes, and foreclosure intervention. Participants will be educated on how to obtain, 

retain and maintain safe, decent and affordable housing. Agency will deliver curricula that 

allow participants to see the impact of income and expenses, spending habits, credit history, 

rights, and responsibilities, toward housing. Additionally information will be provided to 

homeowners as to their rights under Florida's foreclosure and debt collection laws as well as 

references to appropriate agencies if needed: 

This includes:


1. Providing credit counseling and homebuyer education as required by the 

Neighborhood Stabilization Program (NSP) and all federally funded homeownership 

assistance programs; 

2. Working with Village staff to implement NSP program and market homes 

purchased and rehabilitated under the program; 

3. Facilitating closings of NSP properties with WELLINGTON and Palm 

Beach County's Housing and Community Development Department. These duties 

include, but are not limited to the production of preliminary settlement statements 

(HUD1s), issuance of title insurance (owners' and lenders' policies), and all other title 

related services necessary to transfer title to the buyers of the properties. It is 

understood that the costs for these services shall be in line with industry standards for 

Palm Beach County and for the State of Florida. It is further understood that the closing 

costs associated with the transference of title to the NSP properties to the end buyers 

are not reflected within the $40,000 amount listed under the compensation section of 

this contract, but shall be separately itemized on the final HUD statements and be paid 

for at the time of closing for each property from the sale proceeds. 

4. Promote quality program administration and accountability to the Village of 

Wellington to include weekly tallies, clients seen, monthly oversight meetings, and 

detailed quarterly reports; 

5. Facilitate connections between employees and local financial institutions to 

leverage available homebuyer assistance; 

6. Review applicable homeownership and foreclosure intervention documents 

and forms and explain them to residents or prospective residents, assist clients to 

complete and execute forms and forward forms to applicable parties; 

7. Comply with all laws and ordinances, US Housing and Urban Development 

(HUD) standards and National Homeownership Industry Standards regarding Housing 

Counseling and Homebuyer Education, and Foreclosure Intervention Counseling. 

8. No fees shall be charged to prospective buyers or foreclosure intervention 

clients for counseling services by Agency; 

9. Agency may refer client to other services such as legal, lending, or social 

services; Agency will make clear the choice of a service provider remains with the 

client and Agency will provide counseling regardless of the service provider chosen by 

the client. 

10. Provide post-purchase counseling to successful homebuyers; and 

11. Participate in conference calls and meetings for purposes of information 

sharing and training. 

12. Services shall be provided in conformance with all state, federal, and local laws to 

include The ADA, Section 504 of the Rehabilitation Act of 1973; the SAFE Act, the


Federal Fair Housing Act, applicable NSP, CDBG and HOME regulations as well as all 

corresponding state and local laws and regulations. 

2.2 WORK AUTHORIZATION 

All work authorizations will be in the form of a Consultant/Agency Services Work 

Authorization Form. Each Work Authorization will set forth a specific Scope of Services, 

amount of compensation, a completion date, and shall be approved by the Director of 

Financial Management and Budget. 

ARTICLE 3 

WELLINGTON SHALL PROVIDE THE FOLLOWING: 

3.1 GENERAL 

1. A counseling location within Wellington that meets HUD requirements for privacy and 

record retention in providing counseling services. This shall include office space, 

furniture, utilities, telephone, and internet access. 

2. Coordination with the Village of Wellington's NSP and other homeownership 

programs through the Neighborhood Services Division. 

3. Volunteer coordination and staff assistance in administering the store front office. 

The Parties understand that the Village of Wellington reserves to right to prioritize or 

limit services provided in Village to residents or clients who plan to become residents 

of the Village of Wellington. 

4. If any default or failure by Agency to perform its obligations under this Agreement is 

not cured within thirty (30) days after the date of written demand by the Village and 

Agency is not working diligently to cure such default or failure, then the Village may, 

as its sole option, terminate any rights of Agency under this Agreement and replace 

Agency with an organization that will assume the rights and responsibilities under this 

Agreement. If such termination occurs, Agency shall not have any further rights 

against or liability to the other under this Agreement other than (i) the right to receive 

payment for services actually rendered; (ii) the record retention and auditing 

requirements set forth below; and (iii) the confidentiality obligations set forth below. 

5. The parties agree that Agency may seek additional Housing Counseling Funding 

from grants contracts and donations. However, Agency will not seek funding from 

any clients assisted by its Housing Counseling Programs. Agency is a Florida 

Licensed Mortgage broker and should any client choose to use lending services 

provided by Agency, all fees will be fully disclosed. All clients will be notified in 

writing that they may choose any service provider and still receive counseling 

services. 

ARTICLE 4 

COMPENSATION 

4.1 GENERAL


AGENCY shall receive the total amount of $3,333.33 for monthly service and not to exceed 

12 months. The rates herein may be modified by written agreement executed by the parties 

to this Agreement. 

ARTICLE 5 

INSURANCE 

During the performance of the Services under this Agreement, AGENCY shall maintain the 

following insurance policies written by an insurance company authorized to do business in 

Florida: 

5.1 General Liability Insurance with each occurrence limits of not less than Three 

Hundred Thousand Dollars ($300,000), personal injury and advertising injury liability 

of not less than Three Hundred Thousand Dollars ($300,000), and general aggregate 

of not less than Three Hundred Thousand Dollars ($300,000). 

5.2 Workers' Compensation Insurance in accordance with statutory requirements and 

Employer's Liability Insurance with limits of not less than One Hundred Thousand 

Dollars ($100,000) for each accident, not less than One Hundred Thousand Dollars 

($100,000) for each disease, and not less than Five Hundred Thousand Dollars 

($500,000) aggregate. 

5.3 Professional Liability Insurance with limits of not less than Three Hundred 

Thousand Dollars ($300,000) annual aggregate. 

5.4 Automobile Liability Insurance for hired and non-hired vehicles with limits of not 

less than Five Hundred Thousand per occurrence. 

Deductible amounts shall not exceed five percent (5%) 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. 

AGENCY shall furnish WELLINGTON 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 WELLINGTON. AGENCY 

shall include WELLINGTON as an additional insured on the General Liability Insurance 

policy required by the Agreement. 

AGENCY 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 insurance requirements above may be waived by the WELLINGTON'S Risk Manager. 

ARTICLE 6 

STANDARD OF CARE 

AGENCY 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 AGENCY shall, at no additional cost to WELLINGTON, re-perform 

Services which fail to satisfy the foregoing standard of care. AGENCY warrants that all


Services shall be performed by skilled and competent personnel to the highest professional 

standards in the field. 

ARTICLE 7 

INDEMNIFICATION 

7.1 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, WELLINGTON and 

AGENCY agree to allocate such liabilities in accordance with this Article 6. 

7.2 INDEMNIFICATION 

AGENCY agrees to protect, defend, indemnify, and hold harmless WELLINGTON, its 

employees, and representatives from any and all claims and liabilities, including all 

attorney's fees and court costs, including appeals, for which WELLINGTON, its employees, 

and representatives can or may be held liable as a result of injury to persons or damage to 

property occurring by reason of any negligent acts or omissions or willful misconduct of 

AGENCY, its employees, or agents arising out of or connected with this Agreement. 

AGENCY shall not be required to indemnify WELLINGTON or its agents, employees, or 

representatives when an occurrence results from the wrongful acts or omissions of 

WELLINGTON or its agents, employees, or representatives. 

7.3 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 8 

INDEPENDENT AGENCY 

AGENCY undertakes performance of the Services as an independent agency and shall be 

wholly responsible for the methods of performance. WELLINGTON shall have no right to 

supervise the methods used, but WELLINGTON shall have the right to observe such 

performance. AGENCY shall work closely with WELLINGTON in performing Services under 


ARTICLE 9 

COMPLIANCE WITH LAWS 

In performance of the services, AGENCY will comply with applicable regulatory 

requirements, including federal, state, special district, and local laws, rules, regulations, 

orders, codes, criteria, and standards. 

ARTICLE 10 SUBCONSULTING 

WELLINGTON reserves the right to accept the use of a subagent or to reject the selection 

of a particular subagent. If a subagent fails to perform or make progress as required by this 

Agreement and it is necessary to replace the subagent to complete the work in a timely


fashion, AGENCY shall promptly do so, subject to acceptance of the new subagent by 


ARTICLE 11 FEDERAL AND STATE TAXES 

WELLINGTON is exempt from Federal Tax and State Sales and Use Taxes. Upon request, 

WELLINGTON will provide an exemption certificate to AGENCY. AGENCY shall not be 

exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations 

with WELLINGTON, nor shall AGENCY be authorized to use WELLINGTON'S Tax 

Exemption Number in securing such materials. 

ARTICLE 12 AVAILABILITY OF FUNDS 

The obligations of VILLAGE under this Agreement are subject to the availability of funds 

lawfully appropriated for its purpose by the Council of WELLINGTON. 

ARTICLE 13 VILLAGE'S RESPONSIBILITIES 

WELLINGTON shall be responsible for providing information on hand required by AGENCY, 

including existing records, and other required data that are available in the files of 


ARTICLE 14 TERMINATION OF AGREEMENT 

This Agreement may be terminated by AGENCY upon thirty (30) days' prior written notice to 

WELLINGTON in the event of substantial failure by WELLINGTON to perform in accordance 

with the terms of the Agreement through no fault of AGENCY. It may also be terminated by 

WELLINGTON, with or without cause, upon thirty (30) days' written notice to AGENCY. 

Unless AGENCY is in breach of this Agreement, AGENCY shall be paid for Services 

rendered to WELLINGTON'S satisfaction through the date of termination. After receipt of a 

Termination Notice, and except as otherwise directed by WELLINGTON, AGENCY 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 WELLINGTON. 

D. Continue and complete all parts of the work that have not been terminated. 

AGENCY shall be paid for Services actually rendered to the date of termination. 

ARTICLE 15 UNCONTROLLABLE FORCES 

Neither WELLINGTON nor AGENCY 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 16 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 17 NON-DISCRIMINATION 

AGENCY 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 18 WAIVER 

A waiver by either WELLINGTON or AGENCY 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 19 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 20 ENTIRETY OF AGREEMENT 

WELLINGTON and AGENCY 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 WELLINGTON and 

AGENCY 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 21 MODIFICATION 

This Agreement may be modified only by a written amendment executed by both parties. 

ARTICLE 22 SUCCESSORS AND ASSIGNS 

WELLINGTON and AGENCY 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. AGENCY shall not assign 

this Agreement without the express written approval of WELLINGTON via executed 

amendment. 

ARTICLE 23 CONTINGENT FEES 

AGENCY warrants that it has not employed or retained any company or person, other than 

a bona fide employee working solely for AGENCY, to solicit or secure this Agreement and 

that it has not paid or agreed to pay any person, company, corporation, individual, or firm, 

other than a bona fide employee working solely for AGENCY, any fee, commission, 

percentage, gift, or any other consideration contingent upon or resulting from the award or 

making of this Agreement. 

ARTICLE 24 TRUTH-IN-NEGOTIATION CERTIFICATE 

Execution of this Agreement by AGENCY 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 the 

Agreement. 

The said rates and costs shall be adjusted to exclude any significant sums should 

WELLINGTON 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 AGENCYs. WELLINGTON shall exercise its rights under this "Certificate" within 

one (1) year following payment. 

ARTICLE 25 OWNERSHIP OF DOCUMENTS


Any and all documents, records, disks, or other information shall become the property of 

WELLINGTON for its use and/or distribution as may be deemed appropriate by 


ARTICLE 26 ACCESS AND AUDITS 

AGENCY 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. 

WELLINGTON 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 

AGENCY'S place of business. 

ARTICLE 27 NOTICE 

Any notice, demand, communication, or request required or permitted hereunder shall be in 

writing and delivered in person or sent by certified mail, postage prepaid as follows: 

As To WELLINGTON 




Attention: Mireya P Mcllveen 

As To AGENCY 

Housing Partnership, Inc. 

2001 Blue Heron Blvd 

Riviera Beach, FL 33404 

Attention: Housing Division 

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 


acceptable notice effective when received; however, facsimile transmissions received (i.e., 

printed) after 5:00 p.m. or between Friday and Sunday or on holidays will be deemed 

received on the next business day. The original of the notice must additionally be mailed as 

required herein. 


communications between representatives of AGENCY and WELLINGTON. 

ARTICLE 28 CONTRACT ADMINISTRATION 

Services of AGENCY shall be under the general direction of the Mireya Mcllveen or her 

designee, who shall act as WELLINGTON'S representative during the term of the 

Agreement. 

ARTICLE 29 KEY PERSONNEL 

AGENCY shall notify WELLINGTON in the event of key personnel changes which might 

affect this Agreement. Notification shall be made within ten (10) days of said changes. The 

WELLINGTON has the right to reject proposed changes in key personnel.


ARTICLE 30 CONFIDENTIALITY 

No reports, information, computer programs, documentation, and/or data given to or 

prepared or assembled by AGENCY under this Agreement shall be made available to any 

individual or organization by AGENCY without prior written approval of WELLINGTON. This 

Agreement however, is subject to Florida Statutes 119.01 et. seq. 

ARTICLE 31 CONFLICT OF INTEREST 

AGENCY represents that it has no conflicts of interest. Any actual or potential conflict 

between existing clients and responsibilities under this Agreement shall be immediately 

brought to the attention of WELLINGTON. 

AGENCY shall promptly notify WELLINGTON 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 AGENCY'S judgment or quality of the Services. The notice 

shall identify the prospective business association, interest, or circumstance and the nature 

of work that AGENCY wants to undertake and request WELLINGTON'S response as to 

whether the association, interest, or circumstance would, in the opinion of WELLINGTON, 

constitute a conflict of interest if entered into by AGENCY. WELLINGTON agrees to notify 

AGENCY of its opinion within thirty (30) days of receipt of notification by AGENCY. If, in the 

opinion of WELLINGTON, the prospective business association, interest, or circumstance 

would not constitute a conflict of interest by AGENCY, WELLINGTON 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)


IN WITNESS WHEREOF, WELLINGTON and AGENCY have executed this 

Agreement as of the day and year first above written. 

ATTEST 

VILLAGE OF WELLINGTON, FLORIDA 

Xd,--ir-e" By: / 

Awilda Rodriguez, Clerk 



B : .1,gat/ 

/ Attorne , 

WITNESSES: 

AGENCY 

1. 

By: 

(Corp ate Seal)


8. C 



AGENDA ITEM NAME: RESOLUTION NO. R2011-58 (CONTRACT FOR SALE AND PURCHASE 

OF PROPERTY LOCATED ON GOLDENROD ROAD) 

A RESOLUTION OF THE WELLINGTON, FLORIDA’S COUNCIL APPROVING THE CONTRACT 

FOR SALE AND PURCHASE BETWEEN WELLINGTON AND THE CHARLES J. TRICK TRUST 

FOR THE ACQUISITION OF PROPERTY LOCATED ON GOLDENROD ROAD IN WELLINGTON 

DESCRIBED AS LOT 3 OF BLOCK 46 OF SUGARPOND MANOR OF WELLINGTON 

ACCORDING TO THE PLAT THEREOF RECORDED IN PUBLIC RECORDS OF PALM BEACH 

COUNTY AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT FOR 

PURCHASE; AND PROVIDING AN EFFECTIVE DATE. 





No 

FIRST READING 


REQUEST: Approval of Resolution No. R2011-58 and Authorization for the Manager to enter into 

the contract and close on the property in accordance with Goldenrod for park purposes. 

EXPLANATION: The Council gave direction to staff to close the connection and eliminate the 

crossing of the canal between Azure Avenue and Goldenrod Road. The Council further directed 

that staff attempt to acquire vacant property for the purpose of establishing a park on Goldenrod 

Road. At their July 26, 2011 meeting, Council authorized an initial offer to acquire the property for a 

price of $120,000.00. Negotiations between the parties have resulted in a counter-offer to have 

Wellington purchase the property for $120,000.00 plus absorb all closing costs and release the 

outstanding nuisance abatement liens on the property which total $2,765.00 at no cost to the 

owners of the property. A contract to that effect with a closing date of September 29, 2011 has 

been prepared and is attached to the authorizing Resolution as Exhibit A. The staff recommends 

acceptance of the contract. 


FISCAL IMPACT: Funds have been budgeted for the acquisition of this property. 


RECOMMENDATION: Approval of Resolution No. R2011-58 and authorization for the Manager to 

enter into the contract and close on the property in accordance with Goldenrod for park purposes.


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A RESOLUTION OF THE WELLINGTON, FLORIDA’S COUNCIL 

APPROVING THE CONTRACT FOR SALE AND PURCHASE 

BETWEEN WELLINGTON AND THE CHARLES J. TRICK 

TRUST FOR THE ACQUISITION OF PROPERTY LOCATED ON 

GOLDENROD ROAD IN WELLINGTON DESCRIBED AS LOT 3 

OF BLOCK 46 OF SUGARPOND MANOR OF WELLINGTON 

ACCORDING TO THE PLAT THEREOF RECORDED IN PUBLIC 

RECORDS OF PALM BEACH COUNTY AND AUTHORIZING 

THE VILLAGE MANAGER TO EXECUTE THE CONTRACT FOR 

PURCHASE; AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, Wellington Council authorized the elimination of the connection and canal 

crossing between Azure Avenue and Goldenrod Road; and 

WHEREAS, Council passed a resolution approving the acquisition and potential taking 

of vacant property located on Goldenrod Road and more particularly described as lot 3 of block 

46 of Sugar Pond Manor according to the plat thereof recorded in the public record of Palm 

Beach County; and 

WHEREAS, negotiations have led to an offer from the Charles J. Trick Trust, the 

owners of the aforementioned property for a purchase price of $120,000.00; and 

WHEREAS, a copy of the proposed contract for sale and purchase is attached hereto 

as “Exhibit A”; and 

WHEREAS, staff recommends the acquisition of the property under the terms of the 

proposed contract. 

NOW THEREFORE BE IT RESOLVED BY WELLINGTON’S COUNCIL THAT: 


correct. 

SECTION 2. The Council approves the contract between the Charles J. Trick Trust and 

Village of Wellington, a copy of which is attached hereto as “Exhibit A” and authorizes the 

purchase of the property for $120,000.00 in accordance with the terms of the attached 

contract. The Village Manager is authorized to execute the contract on behalf of Wellington 

and to proceed with closing in accordance with the terms of the contract finalizing the 

acquisition on behalf of Wellington. 

SECTION 3. This Resolution shall become effective immediately upon adoption.


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ATTEST: 


BY:________________________________ By: ____________________________ 





BY: ______________________________ 



MEMORANDUM 

TO : DARELL BOWEN, MAYOR 

MATT WILLHITE, VICE MAYOR 

DR. CARMINE PRIORE, MAYOR PRO TEM 

HOWARD K. COATES, JR., COUNCILMAN 

ANNE GERWIG, COUNCILWOMAN 

CC : Paul Schofield 

Francine Ramaglia 

John Bonde 

Jim Barnes 


FROM : 

Jeffrey S. Kurtz, Esq. 

DATE : August 17, 2011 

RE : Acquisition of the Goldenrod Park property 

************************************************************************** 

Pursuant to Council’s direction on July 26, 2011 the Charles J. Trick Trust 

representatives were contacted and given an initial offer of $120,000.00 for the purchase of 

their property on Goldenrod. While both Mr. and Mrs. Trick are alive, their trust assets 

including this property are being managed by their children. Based on the conversations that 

have taken place, we anticipate that a counter-offer will be placed on the August 23, 2011 

Council meeting for Council approval. The counter-offer from the Tricks is a purchase price 

of $120,000.00 with Wellington assuming all closing costs and waiving nuisance abatement 

liens. The total amount of the liens is $2,765.00. Wellington staff and my office will be 

recommending acceptance of the offer. 

A contract has been prepared by Mr. Doney for the Trick representatives to sign. A 

copy of that contract is attached as is a projected closing statement. Wellington will have 

fifteen (15) days from the execution of the contract to survey the property and twenty (20) 

days to conduct any and all necessary inspections of the property. A title search has already 

been done and it is not anticipated that there will be any impediments to closing. The 

anticipated closing date in the contract is on or before September 29, 2011. Should you have 

any questions concerning this matter, please do not hesitate to contact me directly.


Sample Closing Statement 

SALE AND PURCHASE AGREEMENT 

THIS SALE AND PURCHASE AGREEMENT (the “Agreement”) shall be effective as 

of this 

day of ________________, 2011 (the “Effective Date”) and is being entered 

into by and between Charles Jeffrey Trick, as Sole Successor Trustee of the Charles J. Trick Trust 

dated May 3, 1985, whose address is 1945 Matzen Ranch Circle, Petaluma, California 94954 

(hereinafter referred to as “Seller”), and the Village of Wellington, a Florida municipal corporation, 

whose address is 12300 Forest Hill Blvd., Wellington, Florida 33414 (hereinafter referred to as 

“Buyer”). 

W I T N E S S E T H: 

WHEREAS, Seller is the owner of that real property described on Exhibit “A” which is 

attached hereto and incorporated herein by this reference (the “Property”); and 

WHEREAS, the Seller desires to sell the Property to Buyer and Buyer wishes to purchase 

the Property from Seller, pursuant to and in accordance with the terms and conditions as hereinafter 

more particularly set forth. 

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements 

contained herein and other good and valuable consideration, the receipt and sufficiency of which are 

hereby acknowledged by each of the parties hereto, it is agreed as follows: 

Section 1. Recitals. The foregoing Recitals are true and correct and incorporated 

herein and made a part hereof by this reference. 

Section 2. Sale of the Property. Subject to and in accordance with the terms and 

conditions of this Agreement, the Seller hereby agrees to sell and convey to Buyer, and Buyer 

hereby agrees to purchase and take from Seller, the Property. 

Section 3. Effective Date. The effective date (“Effective Date”) of this Agreement 

shall be the date of execution of this Agreement by the last of the parties hereto to sign same. 

Section 4. Purchase Price. The purchase price (“Purchase Price”) of the Property shall 

be One Hundred Twenty Thousand Dollars ($120,000.00), subject to adjustments and prorations as 

set forth in Section 11. The Purchase Price shall be paid by Buyer at Closing, in immediately 

available United States funds, wire transfer, or locally drawn cashier’s or official bank check. 

Section 5. Intended Use. The Buyer intends to use the Property for the development 

and construction of a public park. 

Section 6. Survey. The Buyer, at Buyer’s expense, shall have fifteen (15) calendar 

days from the Effective Date within which to have the Property surveyed and any of the following 

matters shown on such survey (or an acceptable equivalent that will permit the deletion of the 

survey exception from the Title Insurance Policy to be provided to the Buyer by Seller) of the 

1


Property shall be treated as a “Title Defect” as provided in Section 8.2: 

(a) any Non-Buyer owned encroachments or easements in, over, under or upon the 

Property; 

(b) any encroachments of improvements from within the Property onto the land of 

others; 

(c) any other matters that may reasonably cause the issuer of a Title Insurance 

Commitment to refuse to delete the survey exception to a Title Insurance 

Commitment. 

Section 7. Title Insurance and Title Review. At least ten (10) business days prior to 

the Closing, Buyer shall, at Buyer’s expense, deliver to General Counsel for the Buyer a title 

insurance commitment (“Title Insurance Commitment”) issued by a title company licensed to issue 

title insurance in Florida and legible copies of all exceptions to the title contained in Schedule B-II 

of the Title Insurance Commitment. The Title Insurance Commitment shall reflect insurance 

coverage in the amount of the Purchase Price and identify the Buyer as the proposed insured. 

7.1 Endorsements. The Title Insurance Commitment and Policy shall reflect 

only the Permitted Exceptions (as defined in Section 7.3) and shall have all of the standard “printed 

form” exceptions and the “gap” exception deleted at the Closing, including all taxes as have been 

prorated and paid pursuant to Section 196.295, Florida Statutes. Buyer shall pay all title insurance 

premiums, title search charges and other costs charged in connection with the Title Insurance 

Commitment. 

7.2 Review of Title. Buyer or its General Counsel shall notify Seller in writing 

within five (5) days after the Buyer has received the last of either: (a) its survey of the Property or 

(b) the Title Insurance Commitment and legible copies of all exceptions, and any endorsement to 

the Title Insurance Commitment, of any exceptions, encumbrances, liens, easements, covenants, 

restrictions or other defects in title to the Property which, in the opinion of Buyer or Buyer’s 

General Counsel, render or may render Seller's title to the Property not usable for its intended use, 

unmarketable or uninsurable (“Title Defects”) for the Buyer’s intended use of the Property. Except 

for such objections attributable to matters recorded, enacted, issued or approved by governmental 

agencies subsequent to the effective date of the Title Insurance Commitment or endorsements 

thereto, any objections not raised by Buyer to Seller, in writing during the five (5) day review period 

shall be deemed to have been waived by Buyer for all purposes thereof; and Buyer shall not be 

entitled to any other damages or remedies with respect to such waived items, if any. 

7.3 Title Defects. Seller shall have sixty (60) calendar days from the end of the 

Buyer’s five (5) day review period for the Title Insurance Commitment and any endorsement to 

cure all of the Title Defects which, in the opinion of Buyer or Buyer’s General Counsel, make title 

to the Property unmarketable, uninsurable or the Property not usable for Buyer’s intended purposes. 

Any item revealed on the survey which is not a Permitted Exception shall be deemed a Title 

Defect. Seller agrees to use due diligence, good faith and its best efforts in attempting to remove 

such Title Defects. In the event Seller for any reason shall be unable to cure any one or more of the 

2


Title Defects within the sixty (60) day cure period, or to convey to Buyer title to the Property at the 

Closing in accordance with the provisions of this Agreement, Buyer shall have the right, but not the 

obligation, to attempt to cure such Title Defects for an additional thirty (30) day cure period after 

the end of Seller's sixty (60) day cure period. If, after the expiration of either cure period, as the 

case may be, the Title Defects cannot be cured, or if Seller is unable to convey to Buyer title to the 

Property at the Closing in accordance with the provisions of this Agreement, Buyer shall have the 

following rights: (i) to accept whatever title Seller is able to convey without any abatement or 

reduction in the Purchase Price, in which case Seller shall convey such title of the Property to 

Buyer, or (ii) to reject title to the Property. Buyer shall not be entitled to any other rights or 

remedies. If Buyer shall reject title under subsection (ii) above, this Agreement shall terminate. In 

the event Buyer proceeds to close, the Exceptions set forth in Schedule B-II of the Title 

Commitment to which the Buyer has not filed a notice of Title Defect, or which Seller has, after 

receiving Buyer's notice of Title Defect, cured such defects, or which Title Defects Buyer has 

waived, in writing, shall be collectively referred to as the “Permitted Exceptions”. 

7.4 Additional Matters. Buyer shall not be entitled to object at the Closing to the 

existence of any mortgage, lien, encumbrance, covenant, restriction or other matter provided: (i) the 

same is satisfied by the payment of money and the amount thereof, with interest, fees, charges, 

and/or penalties, if any, together with sums sufficient to pay any recording and/or filing fees shall be 

paid at the Closing to satisfy such required payment, and the title agent shall delete such matter from 

the Title Commitment at Closing, or (ii) any lien or encumbrance shall be released of record or 

bonded to the reasonable satisfaction of the title agent and Buyer. 

7.5 Existing Liens. Buyer and Seller acknowledge that Buyer has recorded 

nuisance abatement liens on the Property as recorded at Official Record Book 21356, Page 1136; 

Official Record Book 21356, Page 1139 and Official Record Book 21044, Page 1355 of the public 

records of Palm Beach County, Florida. As partial consideration for this sale and purchase, Buyer 

agrees to waive collection of any money due pursuant to these Liens and no money shall be 

deducted or offset from money due Seller at the close of this transaction. 

Section 8. Closing. The closing (the “Closing”) of the transaction contemplated by this 

Agreement shall occur on or before September 29, 2011. The Closing shall take place at the offices 

of Buyer or as the parties may otherwise designate and agree upon in writing; provided, however, 

the Closing may also be conducted by overnight courier at the option of either party. 

Section 9. Delivery of Documents at Closing. At the Closing, Seller and/or Buyer, as 

applicable, shall deliver the following, which if a document, shall be duly executed and in 

recordable form, if intended to be recorded: 

9.1 FIRPTA affidavit(s). 

9.2 Such affidavits, undertakings or other documents as are required (i) to delete 

all items in Schedule B-I of the Title Insurance Commitment, the Standard Schedule B-II preprinted 

exceptions and the “gap” exception or (ii) by any of the other terms of this Agreement or the Laws 

of the State of Florida. 

3


9.3 Full and exclusive possession of the Property to be conveyed at the Closing, 

subject to the Permitted Exceptions. 

9.4 A closing statement (“Closing Statement”) prepared by Buyer with respect to 

the Property, that has been executed by Seller and Buyer in customary form providing for the 

prorations and adjustments of the items and matters set forth in this Agreement and the other 

monetary obligations stated herein to be an obligation of either of the parties hereto. 

Agreement. 

9.5 The delivery by Buyer of the entire Purchase Price in accordance with this 

9.6 Affidavit(s) from Seller, including delivery of the trust documents sufficient 

to demonstrate that the appropriate individuals are executing the closing documents on behalf of the 

Seller. 

9.7 An affidavit of Seller certifying that there exists: (i) no construction liens or 

claims which could result in the filing of construction liens against the Property as a result of 

construction activity of the Seller, (ii) no individuals or entities are in possession of the Property to 

be conveyed except as provided in the affidavit, (iii) no action has or will be taken prior to the 

recording of the Deed to Buyer which would adversely affect the Seller’s title to the Property, and 

(iv) such other matters as may be required by the title agent to comply at Closing with the title 

requirements of this Agreement, and as may be reasonably required by the lender providing 

financing to the Buyer for the Property purchase, if any. 

9.8 Proof of payment of Real Estate Taxes for 2010 and prior years. 

9.9 Proof of payment of proration of Real Estate Taxes and special assessments 

pursuant to Section 196.295, Florida Statutes for 2011. 

9.10 IRS Form 1099-S 

9.11 Certified copy of Section 286.23, Florida Statutes, Disclosure of Beneficial 

Interests and proof of delivery of same at least ten (10) days before Closing. 

9.12 The delivery by Seller and Buyer of all other documents and instruments 

specified in or reasonably contemplated by this Agreement. 

9.13 Warranty Deed conveying the Property from Seller to Buyer. 

Section 10. 

Costs. 

10.1 Seller’s Costs. Seller shall pay: 

(a) 

Except as provided in Section 7.5, the cost of discharge and release 

of any mortgage, construction liens, judgments, UCC-1 filings or 

other liens, encumbrances or other financial security instruments 

4


(b) 

and/or collateral assignments which can be satisfied by payment of a 

liquidated sum upon the Property to be conveyed (other than those 

created by Buyer) or otherwise released. 

10.2 Buyer’s Costs. Buyer shall pay: 

(a) 

(b) 

(c) 

the cost of recording the Deed. 

the documentary stamp tax and surtax, if any, on the Deed. 

title insurance search fees, commitment preparation charges and the 

owner's title insurance premium for the title insurance in the amount 

of the Purchase Price. 

10.3 Additional Costs. Except as provided in Section 28 hereof, each party shall 

be responsible for its own legal fees in connection with this Agreement and the Closing. 

Section 11. 

Prorations, Adjustments to Purchase Price and Other Closing Costs. 

11.1 The following items shall be prorated through the calendar day immediately 

prior to the Closing, and appropriate adjustments thereupon made to the Purchase Price, with all 

non-ad valorem assessments and special assessment liens to be deemed to have vested on January 1 

of the calendar year of the Closing: 

(a) In compliance with Section 196.295, Florida Statutes, City, state, 

county and school district ad valorem taxes and any and all other taxes and assessments 

applicable to the Property. Ad valorem, intangible and personal property tax prorations 

shall be based upon the present use and latest millage rate and assessments available with 

respect to the Property. Without limiting any other provision of this Section, if the proration 

of such taxes is based upon estimate, rather than on actual bills, then either party may 

demand after the Closing, and shall be entitled to receive upon demand, a payment from the 

other party to correct any proration based upon inaccurate estimates. 

(b) Pending, certified, levied, confirmed or ratified municipal, 

government improvement and special assessment liens as of the date of the Closing, 

including prorations pursuant to section 196.275, Florida Statutes, are to be paid by Seller. 

Except as provided in the prior sentence which shall control, any special assessment for 

which the improvements have been substantially completed as of Closing shall be deemed 

to be certified and Buyer shall receive a credit at Closing in an amount equal to the last 

estimate of the assessment made by the appropriate public body. Any installments of 

special assessment liens that are payable in more than one installment shall be prorated in 

the same fashion as ad valorem taxes are to be prorated under this Agreement. Seller 

represents that as of the date of this Agreement there are no known special assessments. 

5


11.2 The terms of this Section shall survive the Closing. 

Section 12. Representations. In entering into this Agreement and except as otherwise 

provided herein, Buyer has not been induced by and has not relied upon any representations, 

warranties or statements, whether expressed or implied, made by Seller or any agent, employee or 

representative of Seller or by any broker or any other person representing or purporting to represent 

Seller with regard to the Property or any matters affecting the property which are not expressly set 

forth in this Agreement whether or not any such representations, warranties or statements were 

made in writing or orally. 

12.1 Seller hereby makes the following representations to Buyer to which Buyer 

is entitled to rely: 

(a) Other than notice from Buyer, as of the date hereof and as of the 

Closing, Seller has not and will not have received from any governmental agency or 

authority any written notice of, and Seller presently has no actual knowledge of pending or 

contemplated condemnation proceedings which will have an effect on the Property, or any 

part thereof, except for any condemnation with respect to which the condemning authority 

acquired title prior to the date of this Agreement. 

(b) As of the date hereof and as of Closing, there is not and will not be 

pending judicial, municipal, or administrative proceedings affecting any portion of the 

Property or affecting Seller's right to sell any portion of the Property, and no case, 

proceeding or other action has been commenced by or against Seller under any bankruptcy, 

insolvency or similar laws; 

(c) As of the date hereof and as of Closing, Seller is not aware of and has 

not and will not have received any notice that Hazardous Substances (as hereinafter defined) 

or toxic substances have been treated, stored, handled or disposed of on, under or at the 

Property; that the Property has been used for industrial purposes for the storage, treatment or 

disposal of hazardous water or materials; or that the Property has ever been listed by a 

governmental agency as containing any oil, hazardous waste, hazardous material, chemical 

waster or other toxic substances. “Hazardous Substances”, as used herein, means any toxic 

or hazardous waste, pollutants or substances, including, without limitation, petroleum 

products or by-products, and substances defined or listed as hazardous substances or toxic 

substances or similarly identified in or pursuant to the Comprehensive Environmental 

Response, Compensation and Liability Act of 1980, as amended, 41 U.S.C. Section 9601, et 

seq., hazardous materials identified in or pursuant to the Hazardous Materials Transportation 

Act, 49 U.S.C. Section 1802, e seq., hazardous waste identified in or pursuant to the 

Resource Conservation and Recovery Act of 1976, as amended, 15 U.S.C. Section 2601, et 

seq., or any hazardous or toxic substance or pollutant regulated under any other applicable 

federal, state or local environmental law. 

(d) As of the Effective Date hereof and as of Closing, Seller has and will 

have no actual knowledge of the existence or placing of Hazardous Substances on, under or 

6


at the Property. 

12.2 If at or before the Closing, Buyer or Seller shall have actual knowledge or 

should have knowledge by inspection of the Property or the public records that any representation, 

warranty or covenant of Seller hereunder is untrue as of the date represented or as of Closing, or 

Seller fails to perform, observe or comply with any covenant, agreement or condition on its part to 

be performed hereunder, they shall notify the other of same in writing within ten (10) business days 

after discovery, and their failure to so notify shall be deemed to constitute: (a) if by Buyer, its 

waiver of same, or (b) if by Seller, grounds for the Buyer, at its sole discretion, to terminate this 

Agreement or thereafter seek rescission of the transaction. 

12.3 As of the date of this Agreement, there exists no lease, option to purchase or 

sales contract affecting the Property other than this Agreement. 

12.4 The provisions of this Section shall survive Closing and delivery to Buyer of 

the Deed of conveyance of the Property. 

Section 13. Brokers. Seller and Buyer represent and warrant to each other that neither 

they nor any of their representatives, employees or agents have dealt or consulted with any real 

estate broker in connection with the transaction contemplated by this Agreement, unless otherwise 

set forth in an addendum attached hereto. Buyer (to the extent permitted pursuant to Section 

768.28, Florida Statutes and without waiver thereof) and Seller each agree to indemnify and hold 

the other harmless against any loss, liability, expense, claim or demand whatsoever (including 

reasonable attorneys' fees, paraprofessional fees and court costs) arising from, or growing out of, 

any claim for real estate commission contrary to this provision by any real estate broker, agent or 

other person claiming to have dealt or consulted with them or any of their representatives, 

employees or agents contrary to the foregoing representation and warranty. Each representation, 

warranty, and agreement contained in this Section shall survive the Closing. 

Section 14. Seller’s Default. In the event Buyer is not in default under this Agreement 

and Seller defaults with respect to the performance of any one or more of its covenants, 

representations, and/or obligations under this Agreement, then at the Buyer’s sole discretion, this 

Agreement may be terminated without waiving any other rights of Buyer at law or in equity, 

including but not limited to a suit for specific performance and/or money damages. It is expressly 

provided, however, that except with regard to a failure to close on the scheduled Closing date in 

which case there shall be no cure, except as otherwise provided in this agreement, Buyer shall 

provide Seller with written notice of any default hereunder, which notice shall provide Seller with a 

five (5) business day grace period within which to cure any default of which notice has been given 

or, provided that Seller commences and proceeds diligently, in the event that such cure cannot be 

reasonably addressed or resolved within such five (5) business day cure period, Seller shall have 

such time period as commercially reasonable to cure a default of the nature noticed to Seller by 

Buyer, but not to exceed thirty (30) calendar days. 

Section 15. Buyer’s Default. In the event Seller is not in default under this Agreement 

and Buyer defaults with respect to the performance of its obligations hereunder, Seller may, as its 

option, pursue all legal and equitable remedies, or terminate this Agreement without waiving any of 

7


Seller’s right to seek monetary damages. It is expressly provided, however, that Seller shall provide 

Buyer with written notice of any default hereunder, which notice shall provide Buyer with a ten (10) 

business day grace period for a non-monetary default and a five (5) business day grace period for a 

monetary default, within which to cure any default of which notice has been given. 

Section 16. Condemnation. If prior to the Closing, Seller shall receive official notice, 

by process or as otherwise provided by law, either a notice of intent to file proceeding or that 

proceedings have been commenced or consummated for the taking of any part or all of the Property 

for any public or quasi-public purpose pursuant to the powers of eminent domain resulting or which 

could result in the taking of any part of all of the Property, Seller shall promptly thereafter give 

written notice thereof to Buyer. In the event of its receipt of notice of any such proceedings, Buyer 

shall have ten (10) business days within which to provide written notice of its selection of either the 

option to (i) terminate this Agreement by written notice to Seller, whereupon this Agreement shall 

be null and void and, upon receipt of the foregoing, this Agreement shall terminate; or (ii) proceed 

with the performance of this Agreement; and, in such event, Seller shall, at the Closing, assign to 

Buyer any and all awards and other compensation arising out of any taking of the Property, as 

applicable, or any part thereof to Buyer and Seller's right to receive the same; and Seller shall 

convey, in accordance with this Agreement and without any abatement of the Purchase Price, such 

portion of the Property, if any, as it may then own in fee at the Closing. Seller agrees not to enter 

into any settlement of any condemnation proceedings or eminent domain proceedings without the 

prior written consent of Buyer. 

Section 17. Further Assurances. In addition to the obligations required to be 

performed hereunder by Seller and Buyer, Seller and Buyer agree to perform such other acts, and to 

execute, acknowledge, and deliver subsequent to the Closing such other instruments, documents, 

and other materials, as may reasonably be requested by each other in order to effectuate the 

transaction contemplated herein. 

Section 18. Notices. All notices, offers, acceptances, rejections, consents, requests and 

other communications hereunder shall be in writing, in English, and shall be deemed to have been 

given (i) when delivered in person by professional courier service with receipt of delivery (ii) on 

receipt after being sent by express mail or delivery service guaranteeing overnight delivery or (iii) 

by telefax transmission when acknowledgement of receipt can be ascertained, in each case 

addressed as follows: 

If to Seller: 

with copy to: 

Charles J. Trick and 

Dennis Valenti, Esq. 

Margaret B. Trick, as Co-Trustees 350 S. Main Street, Suite 400 

c/o Jeff Trick Ann Arbor, MI 48104 

1945 Matzen Ranch Circle 

Petaluma, CA 94954 

If to Buyer: 

with copy to: 

8



William P. Doney, Esq. 

Jeff Kurtz, Village Attorney 

Caldwell Pacetti Edwards 

12300 Forest Hill Blvd. Schoech & Viator LLP 


250 S. Australian Avenue 

Suite 600 

West Palm Beach, FL 33401 

Notwithstanding the foregoing, any termination of this Agreement may be sent by telecopy and 

shall be effective upon receipt, provided that a copy is delivered by means of either (i) or (ii) above, 

within forty eight (48) hours of the telecopier transmission. Either party may, by subsequent written 

notice, designate a different address or additional party for receiving notice; provided, however, that 

such notice shall be deemed delivered only upon receipt. The attorneys for Seller and Buyer are 

authorized to send notices and demands on behalf of their respective clients. 

Section 19. 

Buyer Inspection Period. 

(A) Buyer shall have a period of twenty (20) days after full execution of this Agreement (herein 

referred to as “the Inspection Period”) to inspect the Property. Seller, following reasonable notice 

from Buyer, shall provide Buyer and its agents and consultants reasonable access to the Property, 

provided that in each such case Seller shall have the right to have a representative of Seller present 

during the course of each such entry. During the course of any such entry Buyer shall not cause, and 

shall not suffer or permit to occur, any damage or injury to the Property or any part thereof and if 

Buyer does cause, suffer or permit any damage or injury to the Property, Buyer shall, at its expense, 

promptly restore the Property to the condition it was in immediately prior to such injury or damage. 

(B) In the event that the results of Buyer’s inspections, investigations, reviews and feasibility studies 

are, in Buyer’s sole opinion and sole discretion, unacceptable for any reason whatsoever, the Buyer 

shall give Seller written notice before the end of the Inspection Period that it intends to terminate the 

transaction contemplated by this Agreement, and this Agreement shall forthwith and thereupon be 

terminated, become null and void, and be of no further force and effect. In such event, Buyer shall 

provide to Seller copies of all reports and other documentation resulting from Buyer’s inspections. 

If Buyer does not give such notice, the contingency shall have expired, and Buyer shall proceed to 

Closing. 

Section 20. Recording. Neither Buyer nor Seller shall record this Agreement or a 

memorandum of this Agreement in the Public Records of the Clerk of the Court in and for Palm 

Beach County, Florida. 

Section 21. Time Computation. Any references in this Agreement to time periods of 

less than six (6) calendar days shall, in the computation thereof, exclude Saturdays, Sundays and 

federal and state legal holidays. Any time period provided for in this Agreement that shall end on a 

Saturday, Sunday or federal or state legal holiday shall extend to 5:00 p.m. on the next day that is 

not a Saturday, Sunday or federal or state legal holiday. 

Section 22. Time is of the Essence. Time is of the essence with respect to each material 

provision of this Agreement that requires action to be taken by either party within a stated time 

9


period or on a specified date. 

Section 23. Governing Law and Venue. This Agreement and all transactions 

contemplated by this Agreement shall be governed by and construed and enforced in accordance 

with the internal laws of the State of Florida without regard to principles of conflicts of laws. Venue 

of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and 

each party hereby waives whatever their respective rights may have been in the selection of venue. 

Section 24. Remedies Cumulative. No remedy herein conferred upon any party is 

intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative 

and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law 

or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power 

or remedy hereunder shall preclude any other or further exercise thereof. 

Section 25. Counterparts. This Agreement may be executed in one or more 

counterparts, each of which shall be deemed an original, but all of which together shall constitute 

one and the same instrument. Once each party to this Agreement has executed a copy of this 

Agreement, and the evidence of such execution is communicated to the other party, the Agreement 

shall be considered fully executed and effective, notwithstanding that both parties have not executed 

the same copy hereof. 

Section 26. Attorneys’ Fees. In the event of any litigation arising out of or connected in 

any manner with this Agreement, the non-prevailing party shall pay the costs of the prevailing party, 

including its reasonable attorneys' fees, paraprofessional fees and court costs and expenses incurred 

in connection therewith at trial and upon appeal. This section shall survive the Closing. 

Section 27. Interpretation. In case any one or more of the provisions of this Agreement 

shall be invalid, illegal or unenforceable in any respect, the validity of the remaining provisions 

shall be in no way affected, prejudiced or disturbed thereby. The use of any gender shall include all 

other genders. The singular shall include the plural and vice versa. Use of the words “herein”, 

“hereof”, “hereunder” and any other words of similar import refer to this Agreement as a whole and 

not to any particular article, section or other paragraph of this Agreement unless specifically noted 

otherwise in this Agreement. Because both parties to this Agreement are represented by counsel, 

this Agreement shall not be interpreted more strictly against either party. 

Section 28. Third Parties. Except as expressly set forth herein, this Agreement shall 

not be deemed to confer in favor of any third parties any rights whatsoever as third-party 

beneficiaries, the parties hereto intending by the provisions hereof to confer no such benefits or 

status. 

Section 29. No Waiver. No failure of any party to exercise any power given hereunder 

or to insist upon strict compliance by another party with its obligations hereunder and no custom or 

practice of the parties at variance with the terms hereof shall constitute a waiver of any party’s right 

later to demand exact compliance with the terms hereof. 

Section 30. 

Successors and Assigns. This Agreement may not be assigned in whole or 

10


in part, by Buyer, without the prior written consent of Seller. This Agreement shall bind and inure to 

the benefit of the parties and their successors in interest and permitted assigns. 

Section 31. Seller’s Cooperation. Seller hereby agrees to cooperate with Buyer in 

Buyer’s inspection of the Property and survey thereto. 

Section 32. Other Agreements. No prior or present agreements or representations 

shall be binding upon Buyer or Seller unless included in this Agreement. 

Section 33. Modification. No modification to or change in this Agreement shall be 

valid or binding upon the parties unless in writing and executed by all parties hereto. 

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first 

above written. 

Executed by the Buyer this ______ day of ____________________, 2011. 

ATTEST: 


By: ____________________________ 

Village Clerk 

By:_____________________________ 

Mayor 

(DISTRICT SEAL) 

Executed by the Seller this _____ day of _________________________, 2011. 

CHARLES JEFFREY TRICK, AS SOLE 

SUCCESSOR TRUSTEE OF THE 

CHARLES J. TRICK TRUST DATED 

MAY 3, 1985 

By: 

Charles Jeffrey Trick, as Sole Successor 

Trustee 

11


EXHIBIT “A” 

LEGAL DESCRIPTION 

Lot 3, Block 46, SUGAR POND MANOR OF WELLINGTON, according to the plat thereof as 

recorded in Plat Book 30, Page 20 of the public records of Palm Beach County, Florida. 

H:\C&P Clients\Wellington\Eminent Domain\Sale & Purchase Agr 8.2.11 draft S.doc

REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

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