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02-13-2020 VC REG-A_ Revised with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA – REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, FEBRUARY 13, 2020 501 U.S. HIGHWAY 1 7:30 PM Darryl C. Aubrey Mark Mullinix David B. Norris Susan Bickel Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk ROLL CALL INVOCATION – MAYOR PLEDGE OF ALLEGIANCE – VICE MAYOR AWARDS AND RECOGNITION 1. Award and Proclamation to Judy Pierman APPROVAL OF MINUTES 2. Minutes of the Regular Session held 1/23/2020 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS Regular Session Agenda, February 13, 2020 Page 2 of 521 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 3. MOTION – Approving a 45-day suspension of a Golf Member for violations of the Country Club Rules and Regulations. 4. MOTION – Final Close Out, Release of Contractual Retainage, and Payment of Application #4 for the Pool Resurfacing Project at the North Palm Beach Country Club to Family Pools Inc. in the amount of $48,673. 5. RESOLUTION – Approving an Interlocal Agreement with Palm Beach County for the use of Grant Funds for Emergency Medical Services Equipment; approving the sole source purchase of one Gaumard Sim-Man Manikin at a total cost of $21,605, and the purchase of an extended warranty at a total cost of $3,795; and authorizing execution of the Agreement. 6. RESOLUTION – Confirming and approving a proposal from Kwik Rooter Inc. d/b/a Kwik Plumbers to perform emergency repairs to the Osborne Park Building wastewater lateral at a total cost of $13,767.84. 7. RESOLUTION – Approving an Agreement for Vote Processing Equipment use and Elections Services with the Palm Beach County Supervisor of Elections; and authorizing execution of the Agreement. 8. Receive for file Minutes of the Planning Commission meeting held 1/7/20. 9. Receive for file Minutes of the Golf Advisory Board meeting held 1/13/20. 10. Receive for file Minutes of the Audit Committee meeting held 1/22/20. 11. Receive for file Minutes of the Library Advisory Board meeting held 1/28/20. OTHER VILLAGE BUSINESS MATTERS 12. RESOLUTION – AMENDMENT TO PROSPERITY HARBOR NORTH PLANNED UNIT DEVELOPMENT Approving an Amendment to the perimeter landscape plan for the Prosperity Harbor North Planned Unit Development. 13. RESOLUTION – FIRE RESCUE DEPARTMENT VENTILATION FANS PURCHASE Approving the purchase of three Ram Ventilation Fans with accessories from Ten-8 Fire Equipment, Inc. for the Fire Rescue Department in the amount of $17,412.60; and authorizing a Budget Amendment to fund the purchase. 14. RESOLUTION – FIRE RESCUE DEPARTMENT VEHICLE LEASE Approving a Proposal from Rev Financial Services LLC for the lease of one 2020 Freightliner AEV Type 1 Module Rescue Vehicle equipped to Village specifications at an annual cost of $48,546.12; authorizing execution of the Lease Agreement and related documents; and declaring one 2009 Med-Tec Ambulance as surplus property and authorizing its disposal. 15. RESOLUTION – HERITAGE DAY AMUSEMENT RIDES Approval of a Three-Year Contract with Big Fun, Inc. for Heritage Day Amusement Rides at an annual cost not to exceed $42,000.00; and authorizing execution of the Contract. 16. RESOLUTION – VILLAGE VEHICLES LEASE AGREEMENT Approving the lease of three new Police Department vehicles, one new Public Works Department vehicle and one new Bucket Truck for the Public Works Department; approving a five-year Lease Agreement with Pinnacle Public Finance, Inc. at a total annual cost of $60,504.58; declaring five existing vehicles as surplus property and authorizing their disposal. Regular Session Agenda, February 13, 2020 Page 3 of 521 17. RESOLUTION – AM ENDMENT TO COMPREHENSIVE PAY PLAN Amending the Comprehensive Play Plan adopted as part of the Fiscal Year 2020 Budget to include the position of Deputy Police Chief and increase the range for merit increases for Deputy Police Chief and Police Captain. 18. RESOLUTION – COLLECTIVE BARGAINING AGREEMENT WITH FPE Approving a Collective Bargaining Agreement with the Federation of Public Employees (FPE); and authorizing execution of the Agreement. 19. RESOLUTION – COUNTRY CLUB FORCE MAIN RELOCATION AND ADA – COMPLIANT SIDEWALK INSTALLATION CONTRACT Approving a Contract with D.S. Eakins Construction Corporation for the relocation of a force main and installation of an ADA-compliant sidewalk at the North Palm Beach Country Club at a total cost not to exceed $67,793.05; and authorizing execution of the Contract. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 20. Village Manager Evaluation VILLAGE MANAGER MATTERS/REPORTS 21. Annual Police Report REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he 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 (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in th is meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH North Palm Beach Country Club TO: Honorable Mayor and Council FROM: THRU: Allan Bowman, Head Golf Pro Andrew D. Lukasik, Village Manager DATE: February 13, 2020 SUBJECT: Motion – Approval of a 45-day Suspension for a Golf Member for Violations of the Country Club Rules and Regulations Recently, a Golf Member, Mr. George Smajdor, was found to be in violation of the NPBCC Rules and Regulations. The member exhibited behavior that was unacceptable according to the Country Club’s published standards. Mr. George Smajdor has violated the Country Club’s Rules and Regulations on two separate occasions within the last year. He was issued a warning eight months ago (for inappropriate actions by taking golf balls from the back of range and peddling things from the trunk of his car) which resulted in a meeting with the Head Golf Pro. Mr. George Smajdor’s actions (inappropriate behavior towards employees – threatening and harassing) constitutes a second infraction of the Rules and Regulations and occurred in January, 2020. In accordance with the Country Club Rules (Rule Enforcement), Mr. George Smajdor met with the General Manager and the Head Golf Pro on Wednesday, February 5th. The infractions were reviewed with Mr. George Smajdor. He was apologetic and accepted the staff’s recommendation of the 45 day suspension – per our rules. He was also informed that a third offense would result in termination of membership with no refund. On February 10, 2020, the Golf Advisory Board approved the implementation of the 45 day suspension as recommended by staff with a unanimous vote. The suspension will be retroactive to February 5th since Mr. George Smajdor hasn’t been to the Clubhouse since that date. Recommendation: Village Staff requests Council approval of staff’s the implementation of a 45 day suspension for Mr. George Smajdor for violations of the Country Club’s Rules and Regulations. VILLAGE OF NORTH PALM BEACH VILLAGE MANAGERS OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Chuck Huff, Director of Special Projects DATE: February 13, 2020 SUBJECT: MOTION – Final Close Out, Release of Contractual Retainage, and Payment of Application #4 for the Pool Resurfacing Project at the North Palm Beach Country Club to Family Pools Inc. in the amount of $48,673.00 Village Administration is seeking council consideration releasing the final retainage for the Pool Resurfacing Project. Through the adoption of Resolution No. 2019-37 Village Council approved a contract with Family Pools Inc in the amount of $427,325.00 to resurface the pool at the North Palm Beach Country Club. On June 27th council adopted through Resolution No. 2019-53 change order number one in the amount of $32,225.00 to modify the scope of work which included credits and added scope of work not in the original contract. As part of this project it was deemed necessary to remove the existing diving platforms and to replace the platforms with removable ones. Council through the adoption of Resolution No. 2019-117 approved changer order number two in the amount of $24,000 to install the sleeves and footers for the six diving platforms. There was an additional scope of work to Family Pools to install anchors for the swim team for use of their above ground lines and poles for swim team practice and swim meets. Family pools installed twelve anchors totaling $3,180.00. The total amount of the project totals $486,730.00 in which the Village contractually held ten percent for retainage. In accordance with the Village’s Accounting Policies & Procedures Manual for Internal Controls, a Certificate of Completion and an Application for Final Payment are required to release the retainage for any Village construction project. The documentation must be reviewed and signed by the Project Manager and Village Manager, then forwarded to the Village Council for approval. Recommendation: Village Staff requests Council consideration and approval of a Motion approving the final close out, release of contractual retainage, and Application for Payment No. 4 (Final) for the North Palm Beach Country Club Pool Resurfacing Project to Family Pools, Inc. in the amount of $48,673.00 in accordance with the Village policies and procedures. 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All debts on which the grounds were set for any lien to be recorded have been satisfied. Acceptance and/or recording of this document confirms that all contractual/financial obligations by both parties have been monetarily satisfied in full with final paym ent information as follows: Village of North Palm Beach Pool 951 US-1 North Palm Beach, FL 33408 Dated: 01/24/2020 Name of Claimant: Family Pools Inc. 873 SW South Macedo Blvd. Port Saint Lucie, FL 34983 772-878-8452 By: _______________________________________ Claimant Authorized Signature & Title Print: Frank Russo / President Claimant Authorized Signature Sworn to and subscribed before me this 24th day of January, 2020, by Frank Russo, who is personally known to me, or who provided the following type of identification: ______________________. _______________________________________ Notary Public SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 1/24/2020 Insurance by Ken Brown, Inc.707 Pennsylvania Ave Ste 1300Altamonte Springs FL 32701 321-397-3870 321-397-3888 certificates@insbykenbrown.com Amerisure Mutual Ins. Co 23396 FAMIL-6 Amerisure Ins Company 19488Family Pools, Inc873 SW South Macedo Blvd.Port St. Lucie FL 34983 1028111997 A X 1,000,000 X 500,000 5,000 1,000,000 2,000,000 X CPP21116960002 3/29/2019 3/29/2020 2,000,000 B 1,000,000 X X X X PIP $10,000 CA20868720701 3/29/2019 3/29/2020 A X 2,000,000 X 444488 3/7/2019 3/29/2020 2,000,000 X $0 B XWC2082430083/29/2019 3/29/2020 1,000,000 1,000,000 1,000,000 Project: NPBCC Pool Pump Room Reno Village of North Palm Beach501 US Highway 1North Palm Beach FL 33408 VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: February 13, 2020 SUBJECT: RESOLUTION - Approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant Award to Purchase one (1) Gaumard S1000 Sim-Man Manikin and accessories at a cost of $21,605.00, and to separately purchase an extended warranty in the amount of $3,795.00 utilizing Village funds. Village Staff is requesting Village Council approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant in the amount of $21,605.00 and the approval of the purchase of one (1) Gaumard S1000 Sim-Man Manikin and accessories from Gaumard, the manufacturer and sole source provider of the listed equipment. Staff is also requesting Council approval of a separate purchase of an extended warranty at a cost of $3,795.00 utilizing Village funds. Background: The FY2020 CIP budget includes the use of $30,000 from General Revenue to purchase an ACLS/CPR training manikin. To reduce the use of the Village’s general revenues, staff recently obtained a Palm Beach County EMS Grant to fund the training manikin purchase. Grant Detail: The Palm Beach County Board of County Commissioners has offered a non-matching grant to the Village through the Florida Department of Health, Bureau of Emergency Medical Services Grant Program, in the amount of $21,605.00 for the purchase of one (1) Gaumard S1000 Sim-Man Manikin. In order to accept this grant, the Village must approve the attached Interlocal Agreement detailing the terms of the grant award and, in accordance with the terms of the Agreement, purchase of the equipment using Village funds. The County will subsequently reimburse the Village for the funds expended for the manikin and accessories. The Grant does not allow for the purchase of an extended warranty for this item. Due to its intricate electronics, Staff is recommending a separate purchase of a three (3) year extended warranty at a cost of $3,795.00 utilizing Village funds from Account No. A5812-35240 (Fire Rescue – Medical Supplies & Safety Equipment). These funds are available in the current budget and do not require a budget amendment. Account Information: Fund Department Account Description Amount Public Safety Grant Fund Fire Rescue S5812-49001 EMS Grant Expense $21,605.00 General Fund Fire Rescue A5812-35240 Medical & Safety Supplies 3,795.00 Total $25,400.00 The attached Resolution and Interlocal Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Interlocal Agreement with Palm Beach County for an EMS Grant Award and authorizing the Village Manager to execute the Agreement; authorizing the sole source purchase of one (1) Gaumard S1000 Sim-Man Manikin and accessories utilizing grant funds at a total cost of $21,605.00, with funds expended from Account No. S5812-49001 (Fire-Rescue – EMS Grant Expense); and purchasing a three (3) year extended warranty utilizing Village funds at a total cost of $3,795.00, with funds expended from Account No. A5812-35240 (Fire Rescue - Medical & Safety Supplies), in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EQUIPMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE SOLE SOURCE PURCHASE OF ONE GAUMARD SIM-MAN MANIKIN UTILIZING GRANT FUNDS AND THE PURCHASE OF AN EXTENDED WARRANTY UTILIZING VILLAGE FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County has offered the Village a non-matching grant through the Florida Department of Health, Bureau of Emergency Medical Services County Grant Program in the amount of $21,605.00, and the receipt of the grant funds requires execution of an Interlocal Agreement with the County; and WHEREAS, Village Staff requested approval to utilize the funds for the sole source purchase of one Sim-Man Gaumard Manikin as well as approval of the purchase of an extended warranty utilizing Village funds; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement with Palm Beach County for the Use of EMS Grant Funds for Emergency Medical Services Equipment, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. The Village Council approves the sole source purchase of Gaumard S1000 Sim-Man Manikin, including accessories, at a total cost of $21,605.00, with funds expended from Account No. S5812-49001 (Fire Rescue – EMS Grant Expense). The Village further approves the purchase of three- year extended warranty at a total cost of $3,795.00, with funds expended from Account No. A5812- 35240 (Fire Rescue – Medical & Safety Supplies). Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of a proposal from Kwik Rooter Inc. d/b/a Kwik Plumbers to perform emergency repairs to the Osborne Park Building wastewater lateral at a cost not to exceed $13,767.84. The Osborne Park Building restrooms have begun clogging up on a weekly basis. Village Staff was unable to clear the blockage the last two (2) weeks and had to call in a contractor, Kwik Plumbers, with special equipment. On February 4, 2020, Staff found the Building flooded with 2-inches of water on the floor and subsequently televised the wastewater lateral to identify the problem. Staff discovered heavy scaling of the old cast iron pipe. This scaling is acting as “hooks” and anything flushed down the toilets gets caught on these “hooks” and clogs the pipe in a matter of days. Consequently, Staff closed the Osborne Park Building to prevent additional blockages and flooding. Kwik Rooter Inc. d/b/a Kwik Plumbing provided a proposal to make the repair by lining the old cast iron pipe and agreed to prioritize this project. The project will commence on February 10, 2020 and be completed that week so that the Village can reopen the Osborne Park Building as soon as possible. Per the Village Purchase Policy: “Emergency purchases of more than $2,500 and up to $25,000, mark invoice “EMERGENCY PURCHASE”, and contact the Village Manager for approval, subject to confirmation by the Village Council.” The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department Account Description Amount General Fund Public Works/Facilities A5519-34620 R&M Building & Grounds $13,767.84 Recommendation: Village Staff requests Council confirmation and approval of a proposal from Kwik Rooter Inc. d/b/a Kwik Plumbers to perform emergency repairs to the Osborne Park Building wastewater lateral at a cost not to exceed $13,767.84, with funds expended from Account No. A5519-34620 (Facilities – R&M Buildings & Grounds), in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CONFIRMING AND APPROVING A PROPOSAL FROM KWIK ROOTER INC. D/B/A KWIK PLUMBERS TO PERFORM EMERGENCY REPAIRS TO THE OSBORNE PARK BUILDING WASTEWATER LATERAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the restrooms in the Osborne Park Building have been clogging up, resulting in the flooding and closing of the Building; and WHEREAS, the Public Works Department discovered that the clogs and flooding resulted from heavy scaling to the wastewater lateral and obtained a proposal from Kwik Rooter Inc. d/b/a Kwik Plumbers to line the existing cast iron pipe to correct the issue; and WHEREAS, emergency repairs of more than $2,500 up to $25,000 require Village Ma nager approval and confirmation by the Village Council; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby confirms and approves a proposal from Kwik Rooter Inc. d/b/a Kwik Plumbers to perform emergency repairs to the Osborne Park Building wastewater lateral at a total cost of $13,767.84, with funds expended from Account No. A5519-34620 (Facilities – R&M Buildings & Grounds). A copy of the proposal is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections Since 2009, each Palm Beach County municipality has entered into an annual agreement with the Palm Beach County Supervisor of Elections (SOE) to supply voting equipment and provide election services for municipal elections. The attached agreement details and allocates the duties, responsibilities, and fees associated with conducting municipal elections. The agreement provides the latest date of execution by its duly authorized representatives as its effective date. The fees for a single municipal election are set forth in Exhibit A, “Supervisor of Elections Schedule of Municipal Election Fees” and for a single municipal run-off election in Exhibit B, “Supervisor of Elections Schedule of Municipal Run-Off Elections Fees.” Due to the Uniform Municipal Elections being held in conjunction with the Presidential Preference Primary Election, the cost to the Village for services provided by the SOE for the March 17, 2020 general election is less than the prior agreement executed in 2018 (when the last Village municipal election was held). The following is a comparison of costs between the 2018 and 2020 Elections Services Agreements. SUPERVISOR OF ELECTIONS COSTS 2018 UNIFORM 2020 UNIFORM MUNICIPAL PACKAGE 2,944.34 n/a Standard Operation and Programming Total (see Exhibit A) n/a 500.00 ABSENTEE BALLOTS 8,910.00 8,164.80 Number of Absentee Ballots Processed 1,620 1,620 Cost per Ballot 5.50 5.04 PRECINCT SERVICES 3,814.98 n/a Number of precincts 13 13 Cost per precinct 237.46 n/a TOTAL $15,669.32 $8,664.80 The attached Resolution and Agreement have been prepared/reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Council recommends Council consideration and adoption of the attached Resolution approving an Agreement for Vote Processing Equipment Use and Election Services with the Palm Beach County Supervisor of Elections and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2009, the Palm Beach County League of Cities, through its Ad Hoc Committee on Municipal Elections, negotiated an agreement with the Palm Beach County Supervisor of Elections to detail and allocate the duties, responsibilities and fees associated with conducting municipal elections commencing with the 2010 municipal election; and WHEREAS, the Supervisor of Elections has presented the Village with a revised Agreement for Vote Processing Equipment Use and Election Services for the 2020 general election, and the Village Council determines that the approval of the Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the Agreement for Vote Processing Equipment Use and Election Services with the Palm Beach County Supervisor of Elections, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 2020 MUNICIPAL ELECTIONS VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to as the “Agreement”) is hereby entered into by and between the Palm Beach County Supervisor of Elections Office (hereinafter referred to as “SOE”) and the Village of North Palm Beach, Florida (hereinafter referred to as “MUNICIPALITY”). WITNESSETH: WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an election that requires the use of vote processing equipment to count ballots; and, WHEREAS, all vote processing equipment requires specially trained and knowledgeable individuals to program, operate and maintain said equipment; and, WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said equipment; and, WHEREAS, MUNICIPALITY hereby acknowledges full responsibility for all applicable requirements under the Florida Election Code and any provision of the City Charter or municipal ordinances which may not be addressed or included in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein, SOE and MUNICIPALITY agree as follows: ARTICLE 1 – RECITALS The above recitals are true and correct and incorporated herein. 2020 ELECTIONS AGREEMENT Page 2 of 12 ARTICLE 2 – AGREEMENT SOE shall provide MUNICIPALITY such necessary vote processing equipment and election services according to the terms and conditions stated in this Agreement, for the purposes of conducting a Uniform Municipal Election in conjunction with the Presidential Preference Primary Election to be held on March 17, 2020, and a Run-Off Election, if necessary, to be held on March 31, 2020, along with the necessary vote processing equipment and election services to facilitate any early voting sites, polling locations and polling places as may be necessary and agreed upon by the parties. ARTICLE 3 – OPERATION AND PROGRAMMING SERVICES 3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election operations (Exhibit “A”). 3.2 Vote-By-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote-By- Mail ballot request processed plus actual postage costs, including Return Postage. MUNICIPALITY shall also pay SOE for each Vote-By-Mail ballot signature verified (Exhibit “A”). 3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote processing equipment, including any processors or tablets, will be performed exclusively by SOE and such services are included in all stated charges. However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or unauthorized acts by any employee or representative of MUNICIPALITY. ARTICLE 4 – OTHER ELECTION CHARGES 4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct preparation and poll worker training (Exhibit “A”). 4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or services not specifically provided for in this Agreement but that may be described or listed in the latest Municipal Fee Schedule as distributed to MUNICIPALITY. Where MUNICIPALITY holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in Exhibit “A” controls. In all other situations, Run-Off Election and Stand-Alone Election Fee Schedules control (Exhibit “B”). MUNICIPALITY agrees that the Municipal Fee Schedule and the prices contained therein are subject to change (Exhibits “A” and “B”). 4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY shall pay SOE for any other election services not contemplated herein which may be needed to conduct an orderly election. ARTICLE 5 – TERM For each election, the terms of this Agreement begin with ballot layout and conclude when ballots have been processed, election results have been certified, all vote processing equipment has been returned to the SOE’s warehouse and an audit, if applicable, has been completed. In the event of an election contest or challenge, SOE agrees to cooperate in providing any public records which the SOE maintains or otherwise controls. 2020 ELECTIONS AGREEMENT Page 3 of 12 ARTICLE 6 – APPLICABLE REQUIREMENTS OF FLORIDA’S ELECTION CODE MUNICIPALITY shall properly call the election in accordance with any Florida Statutes, applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal Clerk is responsible for the conduct of the city’s elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the sole responsibility of MUNICIPALITY. ARTICLE 7 – NOTICE AND ADVERTISEMENT OF ELECTIONS 7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections. SOE shall prepare and arrange for publication of all legal advertising required by state and federal statutes, municipal charter and municipal ordinances, provided that MUNICIPALITY shall make SOE aware of all publications required by MUNICIPALITY’S charter or ordinances. SOE agrees that all advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that SOE shall be responsible for the accurate and complete translation of any such notices. 7.2 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall prepare and arrange for publication of all legal advertising required by state and federal statutes, city charter and city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY shall be responsible for the accurate and complete translation of any such notices. SOE shall, if available, provide samples of required advertising upon request. ARTICLE 8 – QUALIFYING OF CANDIDATES MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at the close of qualifying. If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10) per name, or such other amount as determined per Florida Statutes or the Florida Administrative Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such petitions are received. In no event shall SOE issue any recommendations or make any legal determinations as to the qualifications of eligibility of any candidate for municipal office. ARTICLE 9 – PRINTING OF BALLOTS AND BALLOT SERVICES 9.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall place an order for sufficient quantity of Election Day ballots with a third-party printer as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer. MUNICIPALITY shall pay SOE a per-ballot fee for each Vote-By-Mail ballot printed that is not otherwise being printed by SOE for the Presidential Preference Primary, including any additional pages required for MUNICIPLITY’S races or questions. 2020 ELECTIONS AGREEMENT Page 4 of 12 MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all ballot information in English, Spanish and Creole, including the name of the candidates as they are to appear on the ballot, the name of the Municipality, the name of the election, the title of office or referendum title, explanation, and questions. SOE agrees to provide the layout of the ballot(s) based on the information furnished by MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and MUNICIPALITY must sign off on ballot proof(s). MUNICIPALITY shall be responsible for providing all necessary translations of ballots, in accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote machine. Once test ballots are received from the printer, SOE will test all vote processing equipment in accordance with the standards established by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also control and limit all access to un-voted ballots while in possession of SOE. 9.2 Run-Off Election. In the event of a run-off election, MUNICIPALITY will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be responsible for providing any additional translations and must again approve ballot content and layout prior to printing. MUNICIPALITY will be responsible for reimbursing SOE for any and all costs incurred (Exhibit “B”). ARTICLE 10 – POLL WORKERS 10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE will train all poll workers in accordance with the Florida Election Code and other guidelines, procedures or regulations as followed or adopted for the conduct of elections in Palm Beach County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll worker training sessions. Poll workers shall undergo job specific training and complete required number of training hours as specified by SOE poll worker department management. All necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or transported in poll worker clerk bags. 10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall pay poll workers directly for their services. 10.3 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall pay poll workers directly for their services (Exhibit “B”). ARTICLE 11 – SELECTION OF POLLING PLACES SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location shall meet necessary Americans with Disabilities Act (ADA) requirements. In the event of a run- off election, MUNICIPALITY shall provide ADA compliant Polling Places. 2020 ELECTIONS AGREEMENT Page 5 of 12 ARTICLE 12 – SAMPLE BALLOTS 12.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall determine, check and deliver sample ballot layout to third-party vendor for distribution to registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy of the election date, office, candidate name(s), polling locations, polling places and all other information contained therein. SOE shall coordinate the mailing of the sample ballots to all registered voters in the municipality prior to the election, including accurate polling place information (Exhibit “A”). 12.2 Run-Off Election. In the event of a run-off election, SOE shall not create or mail sample ballots. ARTICLE 13 – VOTE-BY-MAIL BALLOTS MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary, SOE agrees to accept all requests for Vote-By-Mail ballots by telephone, mail, email or in person. SOE also agrees to mail Vote-By-Mail and overseas ballots as requested by registered voters, receive and securely store any voted Vote-By-Mail ballots, verify the signatures on any returned voted Vote-By-Mail ballot certificates, and account for all Vote-By-Mail ballots. SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Florida Statute 101.68. In the event of a run-off election for which the SOE is not a member of the canvassing board, a member of the municipality canvassing board must be present for openings, duplications and tabulations. ARTICLE 14 – TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES 14.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE will be responsible for delivery and pick up of any vote processing equipment. Election equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to hire and employ any outside third parties to assist with or perform delivery and pick up of voting equipment (Exhibit “A”). 14.2 Run-Off Election. SOE will maintain responsibility for transportation of equipment and supplies as stated in 14.1. MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and pickup (Exhibit “B”). 14.3 MUNICIPALITY is not permitted to deliver any election equipment. 2020 ELECTIONS AGREEMENT Page 6 of 12 ARTICLE 15 – LOCATION AND STORAGE OF VOTING EQUIPMENT All voting equipment shall be stored, maintained and located in a well-protected, secure, temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a voting site, no equipment shall be relocated without the prior written approval of SOE. ARTICLE 16 – CANVASSING OF ELECTION RESULTS 16.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each precinct. 16.2 Run-Off Election . In the event of a run-off election, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITY’S Canvassing Board is to assemble to canvass the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each precinct (See Exhibit “B”). ARTICLE 17 – AUDITS MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including overtime expenses, for conducting the audit. ARTICLE 18 – POST-ELECTION RECORDS RETENTION SOE shall process affirmation forms and sort, inventory, and pack all election materials for pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary election records and ballots until expiration of retention period as prescribed by applicable Florida Statutes and Rules. ARTICLE 19 – VOTER HISTORY MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter history. The date selected for undertaking this activity may occur subsequent to the conclusion of all election dates and outside of the terms of this Agreement but both parties agree to work toward recording voter history in a timely manner. ARTICLE 20 – OTHER NECESSARY COSTS Any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of a municipal election, that are not specified in this Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE. Examples of such additional costs or reimbursements include, but are not limited to, the following: 2020 ELECTIONS AGREEMENT Page 7 of 12 A. Recounts. Any expenditure for conducting a recount, including any overtime expenses for reprogramming voting equipment, and other expenses as may be necessary to conduct a recount; and, B. Attorneys’ Fees and Costs. Actual attorneys’ fees and costs incurred by SOE for research or representation on any election-related matter shall be invoiced by SOE for reimbursement by MUNICIPALITY. ARTICLE 21 – HOLD HARMLESS COVENANT Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, MUNICIPALITY shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of MUNICIPALITY’S negligence in connection with its performance under this Agreement and, at SOE’s option, defend or pay for an attorney selected by SOE. SOE shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of SOE’s negligence in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, and shall not be construed as consent by SOE or MUNICIPALITY to be sued by any third party. In no case shall such limits for MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other’s negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between MUNICIPALITY and SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party. Notwithstanding the above, MUNICIPALITY shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorney’s fees for such defense of MUNICIPALITY and SOE. MUNICIPALITY shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to SOE. ARTICLE 22 – ENTIRETY AND AMENDMENTS The Agreement embodies this entire agreement between SOE and MUNICIPALITY and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective of binding unless submitted in writing and executed by the duly authorized representatives of both SOE and MUNICIPALITY. ARTICLE 23 – EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. 2020 ELECTIONS AGREEMENT Page 8 of 12 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this agreement on the dates set forth below. Signature Wendy Sartory Link Name (Printed or Typed) Palm Beach County Supervisor of Elections Title Date Witness Signature Witness Name (Printed or Typed) _________________________________ Signature Name (Printed or Typed) Title Date Witness Signature Witness Name (Printed or Typed) EXHIBIT “A” Palm Beach County Supervisor of Elections Schedule of Municipal Election Fees Presidential Preference Primary and Municipal Elections Tuesday, March 17, 2020 Standard Operation and Programming Polling Place Operations Ballot Preparation and Printing Vote-By-Mail (VBM) Ballot Requests and Postage Post-Election Reporting and Audit Service Center Operations and Tabulation Total $500.00 VBM Services Other Than Required for PPP VBM Ballot Services $5.04/Ballot VBM Ballot Return Postage Fees TBD Unanticipated Costs TBD EXHIBIT “B” Palm Beach County Supervisor of Elections Schedule of Municipal Run-Off Election Fees Presidential Preference Primary and Municipal Elections Tuesday, March 31, 2020 *Itemized invoices will be provided in the event of a run-off election. General Municipal Run-Off Election Services Estimated Costs Vote-by-Mail Ballot Services $5.04/Ballot Run-Off Election Day Services $3,550.46 Precinct Services $139.46 Delivery and Pickup of Equipment TBD Ballot Printing TBD Poll Worker Salaries TBD Translation and Recording of Audio Ballot TBD VBM Return Postage Fees TBD VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JANUARY 7, 2020 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jake Furlott, Member Kathryn DeWitt, Member Jonathan Haigh, Member Lori Rainaldi, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Justin Revis, Planner Andrew Lukasik, Village Manager Not Present: Paola West, Principal Planner Council Member: David Norris, President Pro Tem I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. IA. ROLL CALL All members of the Planning Commission were present. Mr. Haigh arrived at 6:32 PM. II. APPROVAL OF MINUTES The Minutes of the December 3, 2019 Regular Meetings were approved as written. III. DELARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING A. CERTIFICATES OF APPROPRIATENESS 1. COA 2019-2120: LANDINGS EAST CONDOMINIUM Awning Location: 52 Yacht Club Drive Request: An application submitted by Mitch Lewis on behalf of the Landings East Condominium association Inc., requesting Certificate of Appropriateness (COA) approval in order to construct an awning. Minutes of Village Planning Commission Regular Meeting held on January 7, 2020 2 Mr. Revis presented the Staff report and recommendation. The applicant is requesting approval to change the color and structure of existing awnings for the Landings East condominium building. The existing awnings are white, A-frame type structures, all proposed to be replaced (total of 3). Two awnings being replaced are attached to the building entrances, and one awning is being replaced adjacent to the pool. The proposed awning design is a shed style, dark forest-green in color. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a permit for the proposed awning as approved herein. The Planning Commissions discussion included whether the awning will keep the existing frill across the bottom or be straight edged; whether the supporting structures were also being replaced. Mitch Lewis, 4657 Juniper Lane, Palm Beach Gardens, was present to represent the project. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation that a permit be obtained for the project. Mr. Haigh seconded the motion, which passed 7-0. 2. COA 2019-2161: 844 PROSPERITY FARMS CORP Fence Location: 844 Prosperity Farms Road Request: An application submitted by Leib Ezagui on behalf of the 844 Prosperity Farms Corporation, requesting Certificate of Appropriateness (COA) approval in order to build a fence. Mr. Hubsch advised that this application has been continued to the February meeting. 3. COA 2019-1827: ONE THIRTY FIVE SHORE COURT CONDOMINIUM Siding Location: 135 Shore Court Request: An application resubmitted by Charles Moore on behalf of ONE THIRTY FIVE SHORE COURT CONDOMINIUM ASSOCIATION, INC. requesting Certificate of Appropriateness (COA) approval for siding material. Motion: Mr. Solodar moved to remove the application from the table. Mrs. DeWitt seconded the motion, which passed 7-0. Mr. Hubsch advised the Board that the applicant has provided four (4) different renderings of the desired design. Mr. Hubsch turned the presentation over to Mr. Clemmons to discuss the new renderings. Mr. Don Clemmons, Vice President of the Shore Court Condominium Association, 237 Castlewood Dr., was present to represent the applicant. He presented the four renderings, comprising of different color combinations of the siding and the shutters. The Planning Commission’s discussion included the overall consensus of approval of the darker vinyl siding color (Sandstone) and the lighter shutter color (Iced Mocha); and a suggestion to save the renderings for use when the need to paint the walls comes before the Board in the future. Motion: Mr. Solodar moved to approve the application with the siding to be Sandstone and the shutters to be Iced Mocha. Ms. Rainaldi seconded the motion, which passed 7-0. Minutes of Village Planning Commission Regular Meeting held on January 7, 2020 3 B. ZONING/VARIANCE APPLICATIONS No Items V. ADMINISTRATION MATTERS A. Commercial Code Rewrite Discussion: Mr. Hubsch explained the plan for the upcoming process for the Code Rewrite workshop with the Consultants, proposed for February. He introduced Village Manager Andy Lukasik, who discussed high level issues such as the Twin City Mall site. Mr. Hubsch provided the Planning Commission additional examples of items being updated in the Code, such as: 1. US Highway 1 – Create a mixed use district, set a 4 story height allowance with specific setbacks per floor from residential neighborhoods, and eliminate some of the surface parking. 2. Creating Architectural Guidelines – Angelo Caribbean, Florida Vernacular and Masonry Modern are examples of architectural styles. 3. Parking Code – Relaxing and simplifying parking requirements for parcels seeking redevelopment along US 1. 4. Landscape Code – Instituting initiatives such as Florida friendly landscape, Right Tree/Right Place, and use of sustainably harvested mulch and prohibit the use of cypress mulch. 5. Increase residential density – Currently at 12 units per acre; proposed to go to 24 units per acre within mixed use, and up to 36 units within C3 (Northlake Blvd. Area). The Planning Commission recommended a Master Use Table be incorporated similar to Palm Beach Gardens, and incorporate ways for developments to give back to the community. Mr. Rubin explained the updated Procedural Changes: 1. Certificate of Appropriateness – will become Site Plan Appearance Review. Planning Commission will have the final say, except for Special Exception Uses – Planning Commission will make recommendation to the Village Council, but Council will have final approval. 2. Waivers will be allowed without a PUD. No waivers for density, uses or height. 3. Minor Modifications – will allow Administrative changes, minor in nature, to be made by Community Development Director without Planning Commission approval. B. Preliminary copies of the FIRM and FIS report available now at https://www.fema.gov/preliminaryfloodhazarddata a) 1st Public Open House meeting tentatively scheduled for Tuesday February 4, 2020 at the Mary V. McDonald-Wilson Center (1505 N. Australian Avenue, West Palm Beach, FL 33401) from 4-7pm. b) 2nd Public Open House tentatively scheduled for Wednesday February 5, 2020 at Mary V. McDonald- Wilson Center (1505 N. Australian Avenue, West Palm Beach, FL 33401) from 9am-12pm. The Village CRS Audit (State and Federal Flood Insurance rating) is complete, and the Village’s rating improved from a 7 to a 5 or 6, resulting in a greater discount of flood insurance premiums for Village residents. Minutes of Village Planning Commission Regular Meeting held on January 7, 2020 4 FEMA is again updating the Flood Maps. The 40 year old coastal flood risk study has been completed and new recommendations will be issued. Properties that were previously in the no flood zone may now be in a zone that requires mandatory flood insurance. C. 11/3/2020 Planning Commission Meeting reschedule due to General Election. D. Staff Updates - None E. Commission Member Comments:  Sign Holder Code – will be part of the upcoming Code Rewrite  How did two of the tallest buildings in the Village get painted without a permit or anyone noticing  Status of the Country Club signage  Status of neighborhood sidewalk repairs VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 7:30 P.M. Minutes typed by Jane Lerner VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD MINUTES of January 13, 2020 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Present: Absent: Stephen Mathison – Chairman Rich Pizzolato – Vice Chairman Curtis Witters – Secretary David Talley – Member Jeff Irish – Member Jeff Egizio – Member X Landon Wells - Member B. Staff Members Present: Allan Bowman, Director of Golf Lenore Dingle, Membership Coordinator C. Council Members Present: David Norris Deborah Searcy D. Public Present: Jerry Pierman Don Boese Ron Kochman NPB Golf Advisory Board Minutes of January 13, 2020 III. APPROVAL OF MEETING MINUTES A. Minutes of the December 16, 2019 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report. The Green Committee met last week. One role of the Committee will be long-term planning for the course. Several items were considered: 1. We continue to have problems with grass on the bunker faces and pond borders. It is now apparent that Latitude 36 is not suitable for these locations. The Green Committee is recommending that we fix those areas of the course with 419 grass, as has been done in several locations on the course. The estimated cost is 250,000 each to replace the bunker faces and the pond borders. It is strecommendedthatthisworkbeginonJune1. 2. The Committee recommends raising the fairway on Hole 3 to promote better drainage of water. Other pending projects for the course are: 1. Pruning of some oak trees to improve their health. 2. Removal of Dodder vine from the trees. 3. Trimming of the mangroves along the waterway, adjacent to Hole 7, when a permit is issued. Membership: We have 205 golf members and have invited 6 more. rdMembershipswillbeaddressedatthenextVillagecouncilmeetingonJanuary23, including the proposed Resident Membership. 2 NPB Golf Advisory Board Minutes of January 13, 2020 Allan is recommending a fee of 10% of the cost of membership be required of those on the golf waiting list. This fee would be applied to the cost of membership if the individual is offered membership and accepts; or refunded as a credit in the golf pro shop ifthey decline membership. Allan is planning some member/guest events. The bathrooms on Holes 3 and 14 need to be upgraded and have electricity installed, for lighting, exhaust fans, and the water fountains. One possibility for power is installation of solar cells. Allan has asked the Village Engineer to look into this matter. Allan discussed the course condition. Divots continue to be a problem. Should we reinstitute the adopt-a-hole program? Should we have a divot filling party? Ball marks on the greens are a problem. Our Rangers will now extend their shifts by a half hour before and after each shift, with instruction to use the time to repair ball marks. thAllanhostedMarkCalcavecchiaforgolfonSaturdaythe11; Mark was very complimentary about our course! V. DISCUSSION TOPICS Rich Pizzolato brought up the subject of the members practice area and the failure of those using it to pick up and return the golf balls. Rich asked ifwe need to require members to fill divots and return the practice balls. Allan is addressing this issue in his latest memo. 3 NPB Golf Advisory Board Minutes of January 13, 2020 COMMENTS FROM THE PUBLIC Jerry Pierman questioned why the Farmer’s Table is not serving a sit-down breakfast. Don Boese asked why the Farmer’s Table is not serving Coke products. Ron Kochman, who has moved into the Village, asked about the plan for Resident Memberships and what golf privileges would be attached to such a membership. VI. ADJOURNMENT The meeting was adjourned at 7:00 p.m. The next meeting will be February 10, 2020. Minutes by Curtis L. Witters, Secretary. 4 DRAFT DRAFT DRAFT VILLAGE OF NORTH PALM BEACH AUDIT COMMITTEE MEETING MINUTES JANUARY 22, 2020 COMMITTEE ADMINISTRATION Tom Andres EdKatz Andrew Lukasik-Village Manager Suzanne Mehregan Samia Janjua-Finance Director Marie Silvani Chuck Huff- Special Projects Director Dave Talley GUEST Tom Magill-Chairman Terry Morton- Nowlen, Holt et.al. ABSENT Don Kazimir ITEMS DISCUSSED 1. Minutes ofNovember meeting approved. 2. Mr. Morton outlined the schedule for the Annual Audit. Fieldwork start: 2/4; Draft toFinance/EndFieldwork: 2/5: To: Audit Committee; 2/6: To Council: 2/26.) Ifneeded, will address concerns regarding “Emergency Purchases..” 3. Preliminary Fiscal year Financial data was reviewed. For the General TFund. The data indicates revenue inexcess ofexpenditure of $1.8 million will increase our Unfunded Fund Balance toroughly 29% of anticipated FY2020 expenditure. Enterprise Fund deficit reflects the golf course closing for much ofthe year. 4. Clubhouse Contract: Mr.Lukasik indicated that theconstruction contract for clubhouse was close to wrap-up. Estimate closure in roughly one month. 5. Ms. Janjua provided proposed Purchasing Ordinance revisions. These dealt largely with changes inmanagement level approval value thresholds. The chair thanks Mr. Andres for his preliminary review. Byconsensus, the Committee endorses the change and Council willbeinformed when these revisions are presented. 6. Mr. Lukasik introduced arecommended change infinancing purchase of new police and fire vehicle. He will present toCouncil the recommendation that future purchases befinanced via Truist. This group isthe result of amerger between BB & Tand Sun Trust. The selection was made based onbids from 4financial institutions. They ranged from 4.25% tothesuccessful 2.33%. On motion byMr. Katz, second byMs. Silvani, the Committee unanimously endorsed the proposal. Council will be advised. The meeting adjourned at 6:15 PM. Tom Magill- Chairman VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES JANUARY 28, 2020 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting toorder at7:00PM. ROLL CALL Present : Zakariya Sherman, Library Director Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson – (Absent) Bonnie Jenkins, Secretary Carolyn Kost, Member Brad Avakian, Member Tina Chippas, Member Leslie Metz, Member Darryl Aubrey – Village Mayor APPROVAL OF MINUTES Minutes for the November, 26 2019, meeting were approved with correction after a motion made by Carolyn Kost and seconded by Tina Chippas. LIBRARIAN’S REPORT Director Zak Sherman reported the following: The Library hosted a puppet show and handed out 271 presents (action figures that were thdonatedtotheVillage) during the Holiday Trolley Rides on December 20. The Library is now fully staffed with the latest new hire, Amada Ginsberg starting 12/30/2019, o Temporarily have Public Works employee on light duty. Megan and Julie have become members ofthe FloridaLibrary Association (FLA) and Julie has also joined the Palm Beach County Library Association (PBCLA). Cloud Library byBiblioteca is set togo live for members. NPB has to create their home page with the purchase of a few titles. This is being offered in addition to Overdrive. o Staff is currently being trained. The Meeting Room policy is currently being rewritten as it applies to the use of our rooms by outside groups. This will not apply to sponsored groups (Camera Club, etc.) thLastly, the Library participated in the Village’sHot Cars and Chili Cook-off on January 25. Friends of the Library Update: ndoMetDecember2. o In-house book sales brought in over $1,000.00 in December. o Annual Bake & Boutique Sale made $1,045.20 breaking the 2006 record of $932.50. thoFriendsprovidedrefreshmentsfortheHolidayTreeLighting (December 4) and Trolley Rides. thndoAnnualBookSalewilltakeplaceJanuary29throughFebruary2 with a members thpreviewonJanuary28. thoNextmeetingisFebruary10. thoAnnualMeetingistobeheldMarch9, details are pending. Facilities: o Emergency roof repairs were undertaken due to leaks. Damage was not severe. o Upstairs reading area was expanded. o 20 additional chairs were ordered, bringing the total to 80. Youth Services thoHarryPotterAfter-Hours Movie Night was hosted onDecember 13 for children ages 8 to13. Admission was $7.00and pizza was served during ashowing ofHarry Potter and the Sorcerer’sStone. The program was much appreciated byparents. o Castaway Kids still being well attended. The program will besplit into two groups for next year. Adult programs o Crafts for Grown-ups isvery popular; 17 people have pre-registered for next month’s craft. o Rock Painting and Book Discussion club are also still very popular. o Gardening classes are now being offered once amonth. o Next month, Doug Moffat will bepresenting “Protecting Yourself from Scams.” Statistics o Total program attendance for the first quarter ofFY2020 has increased from 11,473 to 13,882. o Membership records have been cleaned upand corrected. o More extensive reports are nowavailable. OLD BUSINESS There was none. NEW BUSINESS There was none. QUESTIONS AND ANSWERS The Library nolonger offers the “Girls who Code” program due tolack ofafacilitator. ADJOURNMENT Amotion toadjourn the meeting was made byCarolyn Kost and seconded by Leslie Metz. The meeting was adjourned at7:40PM. The next meeting will beTuesday, February 25th, 2020 at7:00pm Respectfully submitted byBonnie Jenkins – January 30, 2020 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Paola A. West, Principal Planner DATE: February 13, 2020 SUBJECT: RESOLUTION – Approving an Amendment to the Perimeter Landscape Plan for the Prosperity Harbor North Planned Unit Development The Prosperity Harbor North Master Association, Inc. (“Applicant”) is seeking Minor PUD Amendment approval from Section 45-35.1 [Planned Unit Development] of the Village Code of Ordinances, in order to modify the approved landscaping for the entrance into the development. The Village Council approved the Prosperity Harbor North Planned Unit Development through the adoption of Ordinance No. 31-96 on August 26, 1996. Section 2(C) of the PUD Ordinance required to the developer to file a perimeter landscape plan for the PUD prior the issuance of a building permit for any structure or building within the PUD and provided that approval of the landscape plan would be by subsequent resolution of the Village Council. Through the adoption of Resolution 56-98 on December 19, 1998, the Village Council approved the perimeter landscape plan. The Applicant is seeking to amend the approved landscape plan to modify and enhance the landscaping for the entry to the community, including the guard gate. The data and analysis of the request is included in the attached staff report. Additionally, the approved and proposed landscape plans for the community entry are included in the backup materials. There is no fiscal impact. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Staff Recommendation: Village Staff is seeking Council consideration and approval of the attached Resolution approving an amendment to the perimeter landscape plan for the Prosperity Harbor North PUD, subject to the Applicant providing a copy of a topographic survey with the permit submittal. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE PERIMETER LANDSCAPE PLAN FOR THE PROSPERITY HARBOR NORTH PLANNED UNIT DEVELOPMENT; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the enactment of Ordinance No. 31-96 on August 26, 1996 (“PUD Ordinance”), the Village Council approved the Prosperity Harbor North Planned Unit Development; and WHEREAS, Section 2(C) of the PUD Ordinance required the developer to file a perimeter landscape plan with automatic irrigation for the PUD prior to the issuance of the first building permit, and through the adoption of Resolution No. 56-98 on December 10, 1998, the Village Council approved a perimeter landscape plan prepared by Land Design South, consisting of eleven pages; and WHEREAS, the Prosperity Harbor North Master Association, Inc. filed an application to amend the approved landscape plan to modify and enhance the landscaping for the entry to the community; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an amendment to the perimeter landscape plan for the Prosperity Harbor North Planned Unit Development and adopts the following amended plan to replace page three of the approved plan: Page 3B of the Prosperity Harbor North Landscape Plan prepared by Cotleur & Hearing dated December 12, 2019. Section 3. The approval granted herein is conditioned upon the Applicant providing a copy of a topographic survey with the permit submittal. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx VILLAGE COUNCIL MEETING Meeting Date: February 13, 2020 Prosperity Harbor North - Minor PUD Amendment Perimeter Landscape Plan Project No. 2019-2162 PUD Minor Landscape Plan Amendment 722 Maritime Road (North East corner of the intersection of Prosperity Farms Road and Monet Road) Property is outlined in purple. PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT 2 Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx I. REQUEST AND PROJECT DETAILS A request is being made by Alex Ahrenholz, of Cotleur & Hearing, on behalf of Prosperity Harbor North Master Association, Inc. for minor landscape plan improvements at the entrance of the Prosperity Harbor North development. The proposed improvements include: (1) Relocation of sabal palms, (2) Removal and substitution of certain trees, and (3) Removal and substitution of certain shrubs. The applicant believes these improvements will bring the overall plan up to date and will enhance the aesthetic feel of the community. The applicant further believes these improvements will make the entrance more vibrant and connected to the overall aesthetic of the surrounding area. II. BACKGROUND AND ANALYSIS OF APPLICANT’S REQUEST Previous Approvals In December of 1998, the Village Council granted approval of a Perimeter Landscape Plan with automatic irrigation for the Prosperity Harbor North PUD (Resolution No. 56-98). This perimeter landscape plan was required to be approved by the Village Council as indicated in Section 2C of Ordinance 31-96, which created the Prosperity Harbor North PUD. The approved landscape plan was prepared by Land Design South consisting of 11 sheets. The amendment proposed will replace sheet 3, which focuses on the landscape at the entrance of the development. Landscape Analysis The landscape modification is a result of updating the landscape entrance as the landscape plan for the entrance was approved almost 22 years ago. While many of the species have been replaced with new species, the new landscape plan introduces several colorful and differently textured plants that will definitely enhance the entrance. PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT 3 Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx The approved Landscape Plan shows the following for the area to be amended (Italic listings are trees): SOUTH OF ENTRANCE Approved Species Common Name # of Plants Approved, Existing STR Orange Bird of Paradise 3, 0 PD Medjool Date Palm 5, 1 LL Tree Ligustrum 8, 0 CB Cassia Tree 6, 0 PTV Variegated Pittosporum 64, 0 CRI Crinum Lily 5, 0 IXO Ixora ‘Nora Grant’ 64, 0 HAM Furebush 60, 0 WAX Wax Jasmine 73, no change ENTRANCE MEDIAN Approved Species Common Name Existing # of Plants HB Tree Hibiscus 4, 0 STR Orange Bird of Paradise 3, 0 QV Live Oak 2, no change PRO Pygmy Date Palm 1, 1 CRI Crinum Lily 7, 0 ILV Dwarf Yawpon 10, 0 ALM Dwarf Allamanda 90, 0 SCH Dwarf Schefflera 50, no change HAM Furebush 26, 0 PHX Xanadu Philodendron 15, 0 ALM Dwarf Allamanda 22, 0 POD Japanese Podocarpus 24, no change PTW Wheeler’s Dwarf Pittosporum 40, 0 AZS Variagated Shell Ginger 12, 0 ZAP Coontie 47, 0 NORTH OF ENTRANCE Approved Species Common Name Existing # of Plants QV Live Oak 2, 0 PD Medjool Date Palm 5, 1 LL Tree Ligustrum 7, 0 STR Orange Bird of Paradise 8, 0 CB Cassia Tree 6, 0 CO Geiger Tree 2, 0 SP Sabal Palm 8, 6 CRI Crinum Lily 5, 0 PTV Variegated Pittosporum 64, 0 IXO Ixora ‘Nora Grant’ 64, 0 HAM Furebush 53, 0 WAX Wax Jasmine 125, no change CLE Starburst 89, 0 VOA Awabuki Viburnum 12, no change PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT 4 Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx The proposed Landscape Plan shows the following for the area to be amended (Italic listings are trees): SOUTH OF ENTRANCE Proposes Species Common Name Proposed # of Plants ED Japanese Blueberry Tree 1 AG Century Plant 3 BGS Bougainvillea ‘Barbara Karst’ 2 PM Podocarpus 3 PHS Sylvester Date Palm 2 IX Dwarf Pink Ixora 27 FG Green Island Ficus 99 CVM Mango Croton 15 ANN Annuals 76 ENTRANCE MEDIAN Proposes Species Common Name Proposed # of Plants CH Silver European Fan Palm 1 BGS Bougainvillea ‘Barbara Karst’ 1 ANN Annuals 189 FG2 Green Island Ficus 34 ND Dwarf Oleander 26 BEG White Angel Begonia 12 CF Franklyn Roosevelt Croton 17 MM Malaysian Orchid 3 PRC Rojo Congo Philidendron 6 AI Imperial Bromeliad 3 NORTH OF ENTRANCE Proposes Species Common Name Proposed # of Plants R-SP Relocated Sabal Palms 9 PHS Sylvester Date Palm 2 ED Japanese Blueberry Tree 1 BGS Bougainvillea ‘Barbara Karst’ 2 BS Bismark Palm 3 FG Green Island Ficus 88 PM Podocarpus 24 ANN Annuals 77 CVM Mango Croton 16 AG Century Plant 3 IX Dwarf Pink Ixora 31 PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT 5 Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx Comprehensive Plan Consistency - Future Land Use Element There are no applicable Comprehensive Plan policies to the proposed request. Village Code of Ordinance Consistency There are no applicable code requirements to the proposed request. IV. INFRASTRUCTURE ANALYSIS IMPACT No infrastructure analysis is required for the proposed modifications V. CONCLUSION The site and entrance overall has not changed and the proposed landscape modifications are compatible with the general appearance of the landscaping and architecture throughout the development. Staff is recommending approval of the modifications subject to providing a copy of a topographic survey with the permit submittal. VI. SITE PHOTOS South of Entrance PROSPERITY HARBOR NORTH MINOR PUD AMENDMENT 6 Z:\PLANNING AND ZONING DIVISION\Projects\00_PUDs\Prosperity Harbour North\2019-2162 Minor PUD Amendment\Village Council Report.docx Entrance Median North of Entrance PROSPERITY HARBOR CH# 190314 JUSTIFICATION STATEMENT December 13, 2019 This application is a request to amend the Landscape Plan for Prosperity Harbor in North Palm Beach, Florida. Given the most recent Landscape Plan approval occurred in 1998, the amendment will bring the overall Plan up to date, as well as enhance the aesthetic and feel of the community. Among the changes in the Landscape Plan Amendment are relocation of sabal palms, and removal and substitution of certain trees and shrubs. As an example, under the amendment the landscape island at the Guard House will see a significant enhancement of its flora. The Pittosporum, for instance, will be removed and replaced with Dwarf Oleander as groundcover, and the Pygmy Date Palms will be replaced with the shrubs Rojo Congo Philodendron and Malaysian Orchid. The above-mentioned examples are just a couple of enhancements the Prosperity Harbor entrance will undergo with this Landscape Plan amendment. With the amendment, the community entrance will become more vibrant and connected with the overall aesthetic of the surrounding area. Furthermore, the as-built plan has been included to demonstrate that what is currently on site differs from the approved landscape plan. • ORDINANCE NO. 31-96 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 35. 72 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS SET FORTH IN THE INDEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR CONVEYANCE OF TITLE TO THE VILLAGE OF PARCEL OF LAND AS A CONDITION FOR THE APPROVAL OF THE SUBDIVISION PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND PROVIDING FOR MAINTENANCE OF SAME; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF HOMEOWNERS' DOCUMENTS, IF ANY, BY THE VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNAGE AND TEMPORARY SALES OR RENTAL CENTER BY THE VILLAGE PLANNING COMMISSION; PROVIDING FOR DETERMINATION OF WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby create a Planned Unit Development known as "Prosperity Harbor North" upon the lands described in Exhibit "A" attached hereto and made a part hereof, said lands comprising 35.72 acres, more or less, within the Village of North Palm Beach located East of Prosperity Farms Road, North of Monet Road and West of Intracoastal Waterway. The underlying zoning of the Planned Unit Development is R-1, Single Family Dwelling District and R-3, Apartment Dwelling District, as provided by Appendix C-Zoning of the Code of Ordinances of the Village of North Palm Beach. Section 2. "Prosperity Harbor North" Planned Unit Development shall be developed in accordance with the plans and specifications as set forth in the Index attached hereto as Composite Exhibit "B" and expressly made a part hereof. In addition to the plans and specifications set forth as Composite Exhibit "B", the following requirements shall be met: A. All waterways shown in the attached plans shall be maintained at the cost and expense of the Property Owners Association to be formed by developer or, if none, the fee simple owner if the Northern Palm Beach County Improvement District fails to provide maintenance. Such waterways shall remain open to the boating public. B. The Property Owners Association, or if none, the fee simple owner, shall maintain at its expense all landscaping buffers specified on the plans between the development and adjacent properties if the Northern Palm Beach County Improvement District fails to provide maintenance. C. Prior to the issuance of a building permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall file a perimeter landscape plan with automatic irrigation for the Project for approval of the Village Council. The approval of the landscape plan shall be by subsequent resolution of the Village Council. -2- • The areas of the Project that contain perimeter landscaping shall be deeded to the Property Owners Association or the Northern Palm Beach County Improvement District and such entities shall be charged to irrigate and maintain such landscaping. If neither the Northern Palm Beach County Improvement District or a homeowners association maintains and irrigates the landscaping, then the fee simple owner shall be charged to maintain and irrigate such landscaping. D. All lighting of streets shall be approved by the Village planning Commission sitting as the Village Appearance Board with special consideration to low in height street lighting to comply with the Standards of the American Traffic Institute. E. The existing mangroves shall remain except when removal is necessary to allow for the installation of improvements. Removal must be approved and permitted by the appropriate regulatory agencies as required by Section 19. F. Prior to the issuance of any building permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall surface the existing 14 foot wide Canal Drive shell rock road with 1 1/2 inch asphalt wearing surface. The Village will not be responsible for the.maintenance of the road. In the event there is any conflict between the terms of this Ordinance and any Exhibits attached hereto, the terms of this Ordinance shall prevail. Section 3. In lieu of the Petitioner dedicating five (5%) percent or more of the area of the lands comprising the Planned Unit Development for public use, the Petitioner shall convey or cause the conveyance of the fee simple title to the Village of North Palm Beach in and to a parcel of land of 2.06 acres, more or -3- ~ herewith are hereby repealed. • Section 22. This Ordinance shall take effect upon required changes in the Comprehensive Plan of the Village being accomplished. PLACED ON FIRST READING THIS -'-'-B_t_h_ PLACED ON PUBLIC HEARING THIS 22nd PLACED ON SECOND, FINAL READING AND __ A_U_G_US_T ____ , 1996. (Village Seal} DAY OF AUGUST ________ , 1996. DAY OF __ A_U_Gu_s_T __ __,_ 1996. PASSED THIS 22 nd DAY OF MAYOR ATTEST: -11- RESOLUTION NO. 56-98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS PROSPERITY HARBOR NORTH, WHICH LANDSCAPE PLAN WAS PREPARED BY LAND DESIGN SOUTH CONSISTING OF ELEVEN (11) SHEETS AND ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AND, PROVHiING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of North Palm Beach enacted Ordinance No. 31-96 which created a Planned Unit Development known as "Prosperity Harbor North"; and WHEREAS, Section 2C of Ordinance Number 31-96 provided that prior to the issuance of building permits upon subject real property that a perimeter landscape plan with automatic irrigation for the project must be filed and approved by the Village Council by Resolution; and WHEREAS, the developer has filed a perimeter landscape plan with automatic irrigation for the project, and the Village Council is desirous of approving such plan. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the perimeter landscape plan with automatic irrigation for the Planned Unit Development known as "Prosperity Harbor North" , which landscape plan was prepared by Land Design South consisting of eleven (11) sheets and attached to this Resolution and made part hereof as Exhibit "A". Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 10th DAY OF December • 199 8 (Village Seal) ATTEST: EXHIBIT "A" Perimeter Landscape Plan of Prosperity Harbor North Re: Resolution 56-98 Consisting of eleven sheets prepared by Land Design South See original drawings on file in vault VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: February 13, 2020 SUBJECT RESOLUTION – Approving the Capital Purchase of three (3) Ram fans with accessories from Ten-8 Fire Equipment, Inc. in the amount of $17,412.60 pursuant to pricing established in an existing Lake County Contract and approving a budget amendment to fund the purchase. During the Fiscal Year 2020 budgetary process, the Fire Rescue Department requested the replacement of three (3) ventilation/rehab fans that had reached the end of their expected life-cycle (ten years) and are obsolete. The Department’s equipment committee vetted a number of manufacturers’ products and concluded that the Ram Fan EL5500 Battery Blower with certain accessories was the best fan for the Department’s use. This fan is sold by Ten-8 Fire Equipment, who has an existing contract with Lake County (Contract No. 17-0606L), last modified on September 12, 2019, to supply these fans at a discounted price. The attached quote from Ten-8 is based on that contract pricing and has a single unit cost with accessories of $5,804.20. The total cost for the three (3) fans requested with accessories is $17,412.60, which is less than the approved budget request. During the Fiscal Year 2020 Budget Workshops, Council expressed the desire to utilize Capital Improvement Plan (CIP) funds fund these types of purchases. The attached budget amendment utilizes $17,413 of the available CIP funds ($20,700) for the purchase of the ventilation/rehab fans. Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $17,413 K5541-66000 Reserve Expenses - Capital $17,413 Total Capital Projects Fund: $17,413 $17,413 The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the purchase of three (3) Ram Fan EL5500 Battery Blowers with accessories from Ten-8 Fire Equipment, Inc. at a total cost of $17,412.60 utilizing pricing established in an existing Lake County Contract, with funds expended from Capital Account No. K5812-66490 (Fire – Machinery & Equipment), and authorizing the Mayor and Village Clerk to execute the required budget amendment to fund the purchase in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE THREE RAM VENTILATION FANS FROM TEN-8 FIRE EQUIPMENT, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING LAKE COUNTY CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $17,413.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department is requesting the purchase of Ram ventilation/rehab fans, with accessories, utilizing CIP funds; and WHEREAS, Village Staff recommends the purchase of three fans from Ten-8 Fire Equipment, Inc. utilizing pricing established in an existing Contract with Lake County (Contract No. 17-0606L – Fire Equipment Parts-Supplies-Service); and WHEREAS, the Village Council seeks to amend the current capital projects fund budget to transfer $17,413.00 from the Capital Reserve Account to the Fire – Machinery and Equipment Capital Account to fund the purchase of the equipment; and WHEREAS, the Village Council determines that the adoption of this Resolution , including a waiver of any conflicting purchasing policies and procedures, is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the purchase of three Ram ventilation/rehab fans, and accessories, from Ten-8 Fire Equipment, Inc. based on pricing set forth in an existing Contract with Lake County, with funds expended from Account No. K5812-66490 (Fire – Machinery and Equipment). Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $17,413.00 K5541-66000 Reserve Expenses - Capital $17,413.00 Page 2 of 2 Total Capital Projects Fund: $17,413.00 $17,413.00 Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Item No.Description Unit Quantity Selling Pric Total Price EUR-EL5500-2PK EL5500 BATTERY BLOWER W/2-R2-360-AH-U BATT. EACH 1 3,559.71 3,559.71 LIST 4655.00 LESS 10%=4189.50 EUR-EL8111 REHAB SUPPLEMENTAL KIT FOR EX50LI EACH 1 232.38 232.38 LIST 286.00 LESS 10%=257.40 FACTORY INSTALLED EUR-EL6015 WHEEL KIT EACH 1 161.69 161.69 LIST 199.00 LESS 10%=179.10 FACTORY INSTALLED EUR-EL7095K HANGER KIT W/ DOOR BAR - EX50LI EACH 1 299.00 299.00 LIST 368.00 LESS 10%=331.20 EUR-EL600K TRUCK COMP MOUNT AND TIEDOWNS FOR EX50LI EACH 1 186.00 186.00 LIST 229.00 LESS 10%=206.10 EUR-R2C-5500AC DUAL BATTERY CHARGER, 110V CHARGER EACH 1 577.68 577.68 EUR-R2C-5500DC DUAL BATTERY CHARGER, TRUCK MOUNT EACH 1 577.68 577.68 LIST 711.00 LESS 10%=639.90 EUR-EL6013 SHOULDER STRAP FOR EX50LI EACH 1 30.06 30.06 LIST 37.00 LESS 10%=33.30 FRT FREIGHT CHARGES EACH 1 180.00 180.00 LAKE PRICED PER LAKE CO. CONTRACT EACH LAKE2 #17-0606L EXPIRES 06/30/2020 EACH 0.00 5,804.20 0.00 5804.20 Total: Total Sales Tax: Invoice Discount: Subtotal: 5,804.20 0 Amount Exempt from Sales Tax Amount Subject to Sales Tax This Quote is valid until 02/12/20 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at www.ten8fire.com/returns. Page: Sales Quote Date: Sales Quote Number: Sales Quote Ship To : SalesPerson Customer ID Sell To : Q198722 DAVID NUMMELA NO PAL NORTH PALM BEACH, FL 33408-4906 560 U.S. HIGHWAY 1 NORTH PALM BEACH FIRE DEPT. NORTH PALM BEACH, FL 33408-4906 560 U.S. HIGHWAY 1 NORTH PALM BEACH FIRE DEPT. TEN-8 FIRE EQUIPMENT, INC. 1/13/2020 1 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone : 800-228-8368 Fax : 941-756-2598 Ship Via : STANDARD DELIVERY Bruce ScottTen-8 Contact Due Upon Receipt of Product Or Service Payment Terms : bscott@ten8fire.comEmail : dnummela@ten8fire.comEmail : VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result : Department : Organizational Excellence Fire Rescue Project Name : Year(s) :2020 PPV/Rehab Fan Purchase Project Description : Link to Strategic Plan : Need, Justification, Benefits: Location & Area Map Project Photo Comments : Purchase lithium-ion battery powered fans to replace our current 15 year old gasoline powered fans. Our current gasoline powered fans are 15 years old and at the end of their service life. Being gasoline powered they present their own dangers; introducting gasoline into the emergency scene and the carbon monoxice from their exhaust. The new lithium-ion battery powered fans eliminate these hazards while providing the same levels of service. These fans are lighter, easier to carry and set up, and serve a dual purpose as needed. These battery powered fans serve a dual role. When used as a Positive Pressure Ventilation (PPV) fan they rapidly remove smoke from the affected area reducing damage and providing a safer work environment for our personnel. As a rehab fan they provide a humidified cooling for personnel preparing to reenter the working area. In both cases, these fans increase the safety to our customers and personnel. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2020 - 2024 Project Name : Strategic Result : Department : 2020 2021 2022 2023 2024 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 0 Equipment 20,700 20,700 Vehicle 0 Other 0 Total Budget $20,700 $0 $0 $0 $0 $20,700 Funding Sources : General revenues $20,700 $20,700 Impact fees 0 Grant revenues 0 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $20,700 $0 $0 $0 $0 $20,700 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 Comment: Replacement for existing equipment. No additional fiscal impact. PPV/Rehab Fan Purchase Organizational Excellence Fire Rescue VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of Proposal from REV Financial Services, LLC for a Seven-Year Lease of an AEV Rescue Vehicle (Ambulance) at a total annual cost of $48,456.12. During the Fiscal Year 2020 budgetary process, Village Council approved the continuation of the fire apparatus lease program in lieu of direct purchase. Council approved the lease of a new rescue vehicle (ambulance) to replace an existing vehicle. Background: Fire Rescue Staff, through its Apparatus Committee, began researching rescue vehicle (ambulance) manufacturers and their leasing programs. The committee vetted five manufacturers and found that the units produced by AEV, manufacturer of our current rescue vehicle, most closely met the Department’s needs. AEV rescues are available through its local distributor, Emergency-Tactical-Rescue Vehicles (ETR, LLC), and are part of the REV Group. These units are priced at a discount pursuant to an existing Florida Sheriffs Association Contract (Contract No. FSA-VEF 13.0 – Fire Rescue Vehicles and Apparatus and Ambulances). Staff had multiple meetings with AEV representatives to design a rescue vehicle that best met the Department’s needs utilizing the FSA Contract. As a member of the REV Group, AEV provides a leasing program through REV Financial Services, LLC and will finance the following piece of equipment:  2020 Freightliner M2 4 door with custom AEV Type I module per our shop order from ETR of Sanford, FL. The total cost of the rescue vehicle (ambulance) equipped to Village specifications is $312,203.00. The lease is for a term of seven years, with annual lease payment of $48,546.12. There is an end of lease balloon payment of $15,000.00, bringing the total cost to $354,822.84; however, the lease provides the option to forego the balloon payment and turn the vehicle in at the end of lease for a new, replacement vehicle. Staff is requesting a waiver to the purchasing policies and procedures as the FSA Contract is older than eighteen months. Vendor Total Financed Annual Payment REV Financial Services $312,203.00 $48,546.12 Total $354,822.84 $354,822.84 Once the Village Council accepts the lease proposal, REV Financial Services, LLC will forward final lease agreements for execution by the Village Manager, subject to legal sufficiency review by the Village Attorney. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Annual Amount General Fund Debt Service A8535-49158 Vehicle Lease $48,546.12 The following vehicle will be surplused and disposed of once the replacement vehicles arrive: Unit Description VIN Engine Hours Rescue 267 Shop #315 2009 Med-Tec Ambulance 1HTMNAAL1AH204717 9710.0 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the lease of one (1) 2020 Freightliner M2 4 door with custom AEV Type I module from ETR, LLC through REV Financial Services, LLC utilizing pricing set forth an existing FSA Contract at a total cost of $354,822.84, with funds expended from Account No. A8535- 49158 (Debt Service – Vehicle Lease), authorizing the Village Manager to execute the necessary Lease Agreements and related documents to effectuate the transaction, and declaring one (1) vehicle as surplus and authorizing its disposal in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2020-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM REV FINANCIAL SERVICES, LLC FOR THE LEASE OF A FREIGHTLINER AEV TYPE I MODULE RESCUE VEHICLE (AMBULANCE) ACQUIRED FROM ETR, LLC PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF’S ASSOCIATION CONTRACT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE LEASE AGREEMENT AND RELATED DOCUMENTS; DECLARING ONE RESCUE VEHICLE (AMBULANCE) AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended accepting a proposal from the lease of one 2020 Freightliner custom AEV Type I module rescue vehicle (ambulance) equipped to Village specifications from ETR, LLC pursuant to pricing established in an existing Florida Sheriffs Association Contract (No. FSA-VEF 13.0 – Fire Rescue Vehicles and Apparatus and Ambulances); and WHEREAS, the proposal is for a lease term of seven (7) years, and at the conclusion of the lease, the Village may either remit a balloon payment in the amount of $15,000 or turn the vehicle in for a new replacement vehicle; and WHEREAS, the rescue vehicle will be used solely for essential governmental functions and the Village has undertaken the necessary steps, including compliance with applicable purchasing requirements, to arrange for the acquisition of the vehicle; and WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver of any purchasing policies and procedures applicable to the age of the FSA Contract, is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by REV Financial Services, LLC for the lease of one 2020 Freightliner custom AEV Type I module rescue vehicle (ambulance) equipped to Village specifications from ETR, LLC pursuant to pricing established in an existing Florida Sheriffs Association Contract (No. FSA-VEF 13.0 – Fire Rescue Vehicles and Apparatus and Ambulances). The total annual cost of the lease shall be $48,456.12 for a term of seven years, with a balloon payment of $15,000.00 at the conclusion of the lease. All funds shall be expended from Account No. A8535-49158 (Debt Service – Vehicle Lease). Section 3. The Village Council authorizes the Village Manager to execute the required Lease Agreement and any related documents necessary to effectuate the transaction, subject to review by the Village Attorney as to form and legal sufficiency. Page 2 of 2 Section 4. Upon delivery, acceptance and placement into service of the new Fire Engine, the Village Council declares the following equipment as surplus property and authorizes its disposal in accordance with Village policies and procedures: Unit Description VIN Engine Hours Rescue 267 Shop #315 2009 Med-Tec Ambulance 1HTMNAAL1AH204717 9710.0 Section 5. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Today’s Date Mr./Ms.______________________ Sample Lessee Address City, State Zip Re: Master Equipment Lease Purchase Agreement dated Master Date and Schedule of Property No. XXX dated Sample Date Attached please find the following documentation:  Advance Invoice - Return check with documentation  Amendment No. 1 (if applicable)  Master Equipment Lease Purchase Agreement  Exhibit A - Schedule of Property No. 1  Exhibit A-1 – Rental Payment Schedule  Exhibit B - Final and Partial Acceptance Certificate (hold for delivery)  Bank Qualified Designation Form  External/Internal Escrow Letter (if applicable)  Insurance Coverage Requirements – A certificate of insurance with necessary coverages must be received before closing  Lease Payment Instructions  IRS Form 8038-G/GC and Instructions  Certificate of Signature Authority – To be signed by an authorized individual other than the person signing the Agreement documentation.  Standard Legal Opinion of Counsel Please complete the documentation, and return to me at the address below. If you have any questions, please call me at AM Phone. Sincerely, AM Digital Signature AM Name Account Manager REV Financial Services LLC 8377 E. Hartford Dr., Ste. 115 Scottsdale, AZ 85255 MASTER EQUIPMENT LEASE PURCHASE AGREEMENT This Master Equipment Lease Purchase Agreement dated as of Master Date (“Agreement”) and entered into between REV Financial Services LLC, a Delaware corporation ("Lessor"), and Sample Lessee, a body corporate and politic existing under the laws of the State of Sample State ("Lessee"). 1. Agreement. Lessee agrees to lease from Lessor certain “Equipment” as described in each Equipment Schedule (Exhibit A), which together with a Rental Payment Schedule (Exhibit A- 1) constitute a “Schedule”, subject to the terms and conditions of and for the purposes set forth in each Lease. Items of equipment may be added to the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein. Each Schedule and the terms and provisions of this Agreement (which includes all exhibits hereto, together with any amendments and modifications pursuant thereto) which are incorporated by reference into such Schedule shall constitute a separate and independent lease and installment purchase of the Equipment therein described and are referred to herein as a “Lease”. 2. Term. The “Commencement Date” for each Lease is the date when interest commences to accrue under such Lease which date shall be the earlier of (i) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 11, or (ii) the date on which sufficient monies to purchase the Equipment listed in such Lease are deposited for that purpose with an escrow agent, or (iii) the date sufficient monies are set aside for acquisition of Equipment as evidenced in Exhibit D, if applicable. The “Lease Term” for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated. The “Original Term” means the period from the Commencement Date for each Lease until the end of Lessee’s fiscal year or biennium (as the case may be) (the “Fiscal Period”) in effect at such Commencement Date. The “Renewal Term” for each Lease is each term having a duration that is coextensive with the Fiscal Period. 3. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority under the constitution and laws of the state where the Lessee is located (“State”) to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease; (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called and held in accordance with State law, or by other appropriate official approval, and all requirements have been met and procedures have occurred to ensure the validity and enforceability of this Agreement and each Lease; (c) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic; (d) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease; (e) during the Lease Term, the Equipment will be used by Lessee solely and exclusively for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority; (f) Lessee will annually provide Lessor with current financial statements, budgets, proof of appropriation for the ensuing Fiscal Period, and such other financial information relating to the ability of Lessee to continue each Lease as may be requested by Lessor; and (g) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. 4. Tax and Arbitrage Representations. Lessee hereby represents as follows: (a) the estimated total costs of the Equipment listed in each Schedule will not be less than the total principal portion of the Rental Payments listed in such Rental Payment Schedule; (b) the Equipment listed in each Schedule has been ordered or is expected to be ordered within 6 months of the Commencement Date, and all amounts deposited in escrow to pay for the Equipment, and interest earnings, will be expended on costs of the Equipment and the financing within 3 years of Commencement Date; (c) no proceeds of any Lease will be used to reimburse Lessee for expenditures made more than 60 days prior to the Commencement Date or, if earlier, more than 60 days prior to any official action taken to evidence an intent to finance; (d) Lessee has not created or established, and does not expect to create or establish, any sinking fund or similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments; (e) the Equipment listed in each Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in part, prior to the last maturity of Rental Payments; (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (“Code”), including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross income for purposes of federal income taxation; and (g) Lessee intends that each Lease not constitute a “true” lease for federal income tax purposes. 5. Lease of Equipment. Upon the execution of each Lease, Lessor demises, leases, transfers, and lets to Lessee, and Lessee acquires, rents, leases and hires from Lessor, the Equipment in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term the Lease Term shall be automatically extended upon the successive appropriation by Lessee’s governing body of amounts sufficient to pay Rental Payments and other amounts payable under the related Lease during the next succeeding Fiscal Period until all Rental Payments payable under such Lease have been paid in full, unless Lessee shall have terminated such Lease pursuant to Section 7 or Section 22. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. 6. Continuation of Lease Term. Lessee currently intends, subject to Section 7, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the maximum Lease Term of each Lease can be obtained. Lessee currently intends to do all things lawfully within its power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds or to extend the applicable Schedule for any Renewal Term is within the discretion of the governing body of Lessee. 7. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 30 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor. 8. Conditions to Lessor's Performance. This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Lessee understands that Lessor requires certain documentation and information necessary to enter into any Lease and Lessee agrees to provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. 9. Rental Payments. Lessee shall promptly pay “Rental Payments” as described in Exhibit A-1 to each Lease, exclusively from legally available funds, to Lessor on the dates and in such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at the rate of 12% per annum or the maximum rate permitted by law, whichever is less, from such date until paid. Rental Payments consist of principal and interest portions. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds or monies of Lessee. 10. RENTAL PAYMENTS TO BE UNCONDITIONAL. EXCEPT AS PROVIDED IN SECTION 7, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED IN EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY FAILURE OF THE EQUIPMENT TO BE DELIVERED OR INSTALLED, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE EQUIPMENT OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. 11. Delivery; Installation; Acceptance. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in each Lease and pay any and all delivery and installation costs in connection therewith. When the Equipment listed in any Lease has been delivered and installed, Lessee shall immediately accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate (Exhibit B). Lessor shall provide Lessee with quiet use and enjoyment of the Equipment during the Lease Term. 12. Location; Inspection. Except in the case of motor vehicles, no item of the Equipment will be moved from the location specified for it in the Lease on which such item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. 13. Use; Maintenance. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body. Lessee agrees that it will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair and working order. Lessee will enter into a maintenance contract for the Equipment that is acceptable to Lessor. 14. Title. Upon acceptance of the Equipment under a Lease by Lessee, title to the Equipment shall vest in Lessee subject to Lessor's rights under the Lease; provided that title shall thereafter immediately and without any action by Lessee vest in Lessor, and Lessee shall immediately surrender possession of the Equipment to Lessor, upon (a) any termination of the applicable Lease other than termination pursuant to Section 22 or (b) the occurrence of an Event of Default. Transfer of title to Lessor pursuant to this Section shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. 15. Security Interest. To secure the payment of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security interest constituting a first and exclusive lien on the Equipment applicable to such Lease and on all proceeds therefrom. Lessee agrees to execute such additional documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated. 16. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens and encumbrances except those created by each Lease. The parties to this Agreement contemplate that the Equipment will be used for governmental or proprietary purposes of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due. 17. Insurance. At its own expense, Lessee shall during each Lease Term maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable “Purchase Price” of the Equipment as described in E xhibit A-1 of each Lease; (b) liability insurance that protects Lessee from liability in all events in form and amount satisfactory to Lessor; and (c) workers’ compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses (a) and (b). Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout each Lease Term. Lessee shall not materially modify or cancel such insurance or self-insurance coverage without first giving written notice thereof to Lessor at least 10 days in advance of such cancellation or modification. All such insurance described in clauses (a) and (b) above shall contain a provision naming Lessor as a loss payee and additional insured. 18. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee agrees to pay such amounts so advanced by Lessor with interest thereon from the advance date until paid at the rate of 12% per annum or the maximum rate permitted by law, whichever is less. 19. Damage, Destruction and Condemnation. If (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment to substantially the same condition as existed prior to the event causing such damage, destruction, or condemnation, unless Lessee shall have exercised its option to purchase the Equipment pursuant to Section 22. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of this Section, the term "Net Proceeds" shall mean (y) the amount of insurance proceeds received by Lessee for replacing, repairing, restoring, modifying, or improving damaged or destroyed Equipment, or (z) the amount remaining from the gross proceeds of any condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. If the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement referred to herein, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pursuant to Section 22 purchase Lessor's interest in the Equipment and in any other Equipment listed in the same Lease. The amount of the Net Proceeds, if any, remaining after completing such replacement, repair, restoration, modification or improvement or after purchasing Lessor's interest in the Equipment and such other Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 9. 20. DISCLAIMER OF WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO WHETHER EXPRESS OR IMPLIED, AND LESSEE ACCEPTS SUCH EQUIPMENT AS IS AND WITH ALL FAULTS. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF ANY LEASE OR THE EXISTENCE, FURNISHING, FUNCTIONING OR LESSEE'S USE OF ANY ITEM, PRODUCT OR SERVICE PROVIDED FOR IN ANY LEASE. 21. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee as its agent and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the related Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. The term “Vendor” means any supplier or manufacturer of the Equipment as well as the agents or dealers of the manufacturer or supplier from whom Lessor purchased or is purchasing such Equipment. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights or obligations of Lessor with respect to any Lease, including the right to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties by Vendor of the Equipment. 22. Purchase Option. Lessee shall have the option to purchase Lessor's interest in all of the Equipment listed in any Lease, upon giving written notice to Lessor at least 60 days before the date of purchase, at the following times and upon the following terms: (a) on the Rental Payment dates specified in each Lease, upon payment in full of the Rental Payments then due under such Lease plus the then applicable Purchase Price as referenced in Exhibit A-1; or (b) in the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the purchase option upon payment in full to Lessor of the Rental Payments then due under such Lease plus the then applicable Purchase Price plus accrued interest from the immediately preceding Rental Payment date to such purchase date. 23. Assignment. Lessor's right, title and interest in and to each Lease, including Rental Payments and any other amounts payable by Lessee thereunder and all proceeds therefrom, may be assigned and reassigned to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any such assignment shall not be effective until (a) Lessee has received written notice, signed by the assignor, of the name and address of the assignee, and (b) it is registered on the registration books. Lessee shall retain all such notices as a register of all assignees in compliance with Section 149(a) of the Code, and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents that may be reasonably requested by Lessor or any assignee to protect its interests and property assigned pursuant to this Section. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or Vendor. Assignments may include without limitation assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment. Lessee hereby agrees that Lessor may, without notice to Lessee, sell, dispose of, or assign this Agreement or any particular Lease or Leases through a pool, trust, limited partnership, or other similar entity, whereby one or more interests are created in this Agreement or in a Lease or Leases, or in the Equipment listed in or the Rental Payments under a particular Lease or Leases. None of Lessee's right, title and interest in, to and under any Lease or any portion of the Equipment listed in each Lease may be assigned, subleased, or encumbered by Lessee for any reason without obtaining prior written consent of Lessor. 24. Events of Default. Any of the following events shall constitute an "Event of Default" under a Lease: (a) failure by Lessee to pay any Rental Payment or other payment required to be paid under a Lease at the time specified therein; (b) failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor; (c) any statement, representation or warranty made by Lessee in or pursuant to any Lease shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; or (d) Lessee institutes any proceedings under any bankruptcy, insolvency, reorganization or similar law or a receiver or similar official is appointed for Lessee or any of its property. 25. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) by written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be immediately due and payable; (b) with or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease of the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer’s and attorney’s fees), subject, however, to the provisions of Section 7 hereof. The exercise of any such remedies in respect of any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and (c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or as a secured party in any or all of the Equipment. Any net proceeds from the exercise of any remedy under a Lease (after deducting all costs and expenses referenced in the Section) shall be applied as follows: (i) if such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment; or (ii) if such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro-rata. 26. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity. 27. Notices. All notices or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties hereto at the addresses listed below (or at such other address as either party hereto shall designate in writing to the other for notices to such party), or to any assignee at its address as it appears on the registration books maintained by Lessee. 28. Release and Indemnification. To the extent permitted by State law, and subject to Section 7, Lessee shall indemnify, release, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim, tax and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith (including, without limitation, attorney’s fees and expenses, penalties connected therewith imposed on interest received) arising out of or as result of (a) entering into any Lease, (b) the ownership of any item of Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment resulting in damage to property or injury to or death to any person, and/or (e) the breach of any covenant or any material representation contained in a Lease. The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under all Leases or the termination of the Lease Term under all Leases for any reason. 29. Miscellaneous Provisions. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. References herein to “Lessor” shall be deemed to include each of its assignees and subsequent assignees from and after the effective date of each assignment as permitted by Section 23. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. Each Lease may be amended by mutual written consent of Lessor and Lessee. Each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. (LESSOR) (LESSEE) REV Financial Services LLC Sample Lessee 8377 E. Hartford Drive, Suite 115 Address Scottsdale, AZ 85255 City, State Zip Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A SCHEDULE OF PROPERTY NO. XXX RE: MASTER EQUIPMENT LEASE PURCHASE AGREEMENT entered into as of Master Date, ("Agreement"), between REV Financial Services LLC ("Lessor") and Sample Lessee ("Lessee"). All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement. To the extent that less than all of the Equipment subject to this Schedule has been installed and accepted by Lessee on or prior to the date hereof, Lessee hereby acknowledges that a portion of the Equipment has not been delivered, installed and accepted by Les see for purposes of this Lease and Lessor hereby commits to provide funds in an amount sufficient to pay the costs to acquire and install the Equipment. In consideration of the foregoing, Lessee hereby acknowledges and agrees that its obligation to make Rental Payme nts as set forth in this Schedule is absolute and unconditional as of the date hereof and on e ach date and in the amounts as set forth in the Rental Payment Schedule, subject to the terms and conditions of the Lease. Ninety five percent of the financing costs are being used to acquire assets that will be capitalized. DESCRIPTION OF EQUIPMENT Quantity Description Model No. Serial No. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreemen t are true and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. Dated: Sample Date Lessor: REV Financial Services LLC Lessee: Sample Lessee Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A-1 RENTAL PAYMENT SCHEDULE RE: Schedule of Property No. XXX dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between REV Financial Services LLC, as Lessor, and Sample Lessee, as Lessee. Payment Payment Purchase Outstanding Pmt # Date Amount Interest Principal Price Balance COMMENCEMENT DATE: Sample Date Sample Lessee Signature: Name/Title: Date: EXHIBIT B PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT FINAL ACCEPTANCE CERTIFICATE Re: Schedule of Property No. XXX dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between REV Financial Services LLC, as Lessor, and Sample Lessee, as Lessee. In accordance with the Master Equipment Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (1) All of the Equipment (as such term is defined in the Agreement) listed in the above -referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropr iate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 17 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as d efined in the Agreement) exists at the date hereof. LESSEE Sample Lessee Signature: Name/Title: Acceptance Date: > OR < PAYMENT REQUEST and PARTIAL ACCEPTANCE CERTIFICATE REV Financial Services LLC is hereby requested to pay the person or entity designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached h ereto with respect to the cost of the acquisition of the equipment and has not formed the basis of any prior request for payment. The equipment described below is part or all of the "Equipment" listed in Exhibit A to the Master Equipment Lease Purchase Agreement referenced above. Quantity Serial Number/Description: Amount: Payee: Payee’s Federal ID Number:________________________________ Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the equipment described above has been delivered, installed and accepted on the date hereof; (ii) Lessee has conducted such inspection and/or testing of said equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said equipment for all purposes; (iii) Lessee is currently maintaining the insurance coverage required by Section 17 of the Agreement; (iv) no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. Dated: __________________________________ LESSEE Sample Lessee Signature: Name/Title: PLEASE RETURN PAYMENT REQUEST TO: REV Financial Services LLC 8377 E. Hartford Drive, Suite 115 Scottsdale, AZ 85255 PLEASE FORWARD TO ATTORNEY WITH OPINION Attorney for Sample Lessee, as Lessee Re: Exhibit C, Opinion of Counsel, to Schedule of Property No. XXX, dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between REV Financial Services LLC, as Lessor, and Sample Lessee, as Lessee. To Whom It May Concern: Attached is our standard Opinion of Counsel. Please review the representations and qualifications, print the letter on your firm letterhead, and execute. Please return either directly to us at 8377 E. Hartford Drive, Scottsdale, AZ 85255 or to the Lessee for delivery to us. If you cannot sign this letter in its current form, please contact Mike Krahenbuhl at 480-419-4812 to discuss any changes prior to making them. Please keep any requested changes to a minimum. Our receipt of an opinion that does not meet our requirements will slow down the funding process. We will not be able to fund the transaction contemplated by the above documents without the representations contained in the attached opinion letter. Thank you for your prompt attention to this matter. We look forward to co mpleting this transaction. Sincerely, Investment Associate Enclosures EXHIBIT C (To be put on Attorney’s Letterhead) REV Financial Services LLC 8377 E. Hartford Drive, Suite 115 Scottsdale, AZ 85255 Re: Schedule of Property No. XXX, dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between REV Financial Services LLC, as Lessor, and Sample Lessee, as Lessee. Ladies and Gentlemen: As legal counsel to Sample Lessee, (the "Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease Purchase Agreement dated as of Master Date and Exhibits thereto by and between REV Financial Services LLC (the "Lessor") and Sample Lessee, (the "Agreement") and an executed counterpart of Schedule of Property No. XXX dated Sample Date by and between Lessor and Lessee (the "Schedule"), which, among other things, provides for the lease with option to purchase to the Lessee of certain property listed in the Schedule (the "Equipment"), (b) an executed count erpart of the ordinances or resolutions of Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinion. The Schedule and the terms and provisions of the Agreement incorporated therein by reference together with the Rental Payment Schedule attached to the Schedule are herein referred to collectively as the “Lease”. In rendering this opinion, we have assumed without inquiry: (a) The authenticity of all documents submitted to us as copies of the originals, and the conformity of such copies to the originals as they are finally executed and delivered by Lessee and Lessor; (b) That the Lease has been or will be duly authorized, executed and delivered by Lessor; (c) That the Lease constitutes valid, legal and binding obligations of Lessor enforceable against Lessor in accordance with its terms; and (d) That the Lease accurately describes and contains the mu tual understandings of the parties, and that there are not oral or written statements or agreements that modify, amend or vary, or purport to modify, amend or vary, any of the terms thereof. Based on the foregoing, I am of the following opinion: (1) Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, or has a substantial amount of one the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, or (c) police power; (2) The name of the lessee contained in the Lease is the correct legal name of the Lessee; (3) Lessee has the requisite power and authority to lease and acquire the Equipment with an option to purchase and to execute and deliver the Lease and to perform its obligati ons under the Lease; (4) The Lease has been duly authorized, approved, executed, and delivered by and on behalf of Lessee and the Lease is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, subject to (i) all applicable bankruptcy, reorganization, insolvency, fraudulent conveyance, moratorium and other similar laws; (ii) the qualification that certain waivers, restrictions and remedies provided for in this Lease, including without limitation certain indemnification obl igations, may be wholly or partially unenforceable under Sample State law; and (iii) general principles of equity. (5) The authorization, approval, execution, and delivery of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state laws; and (6) To the best of my knowledge, there is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Lease or the security interest of Lessor or its assigns, as the case may be, in the Equipment thereunder. All of the opinions set forth above are also subject to the following qualifications, limitations and exceptions: (a) The opinions expressed herein are limited to matters governed by the laws of the State of Sample State. No opinion is expressed regarding the laws of any other jurisdiction. (b) The opinions expressed herein are based upon the law in effect on the date hereof, and we assume no obligation to revise or supplement them if the law is changed by legislative action, judicial decision or otherwise. All capitalized terms herein shall have the same meanings as in the Lease unless otherwise provided herein. Lessor, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion. Printed Name Signature INSURANCE COVERAGE REQUIREMENTS LESSOR: REV Financial Services LLC and/or its assigns LESSEE: Sample Lessee Please Reference Control # 101____ on Certificate of Insurance 1. In accordance with Section 17 of the Master Agreement, we have instructed the insurance agent named below: (Please fill in Agent name, address and telephone number). Telephone: ( ) Fax: ( ) Contact: a. All Risk Automotive Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming REV Financial Services LLC and/or its assigns, as Loss Payee. Coverage Required: Full Replacement Value/”Purchase Price”: Provide the value of the vehicle(s) or state that the value of the vehicle(s) falls within the blanket limit of $_______________________. b. Automobile Liability Insurance evidenced by a Certificate of Insurance naming REV Financial Services LLC and/or its assigns as Additional Insured. Minimum Coverage Required: $2,000,000 c. Workers’ compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses. If not required by law please advise and present documentation to support (i.e. state statute). OR 2. Pursuant to Section 17 of the Master Agreement, we are legally self-insured for all risk, automobile physical damage, and automotive liability and will provide proof of such self-insurance in letter form together with a copy of the statute authorizing this form of insurance. Proof of insurance coverage will be provided prior to the time the Equ ipment is delivered to us. PLEASE LIST NAME & ADDRESS AS FOLLOWS: REV Financial Services LLC and/or its assigns 8377 E. Hartford Drive, Suite 115 Scottsdale, AZ 85255 Provide the requirements listed above to your Insurance Agency LESSEE: Sample Lessee Signature: Name/Title: Date: PAYMENT INSTRUCTIONS Pursuant to the Master Equipment Lease Purchase Agreement dated Master Date (the “Agreement”), Schedule of Property No. XXX, dated Sample Date, between REV Financial Services LLC (the “Lessor”) and Sample Lessee (the “Lessee”), Lessee hereby acknowledges the obligations to make Rental Payments promptly when due, in accordance with Exhibit A-1 to the Agreement. LESSEE NAME: Sample Lessee TAX ID#: _____________________________ INVOICE MAILING ADDRESS:________________________________________________________________________________________ Mail invoices to the attention of: ______________________________________Phone (____)___________________Fax (___)_______________ Approval of Invoices required by: _____________________________________Phone (____)___________________ Fax (___)_______________ Accounts Payable Contact: ___________________________________________Phone (____)___________________Fax (___)______________ Processing time for Invoices:_____________________________Approval:___________________________Checks:________________________ Do you have a Purchase Order Number that you would like included on the invoice? No _____ Yes _____ PO#_______________________ Do your Purchase order numbers change annually? No_____ Yes_____ Processing time for new purchase orders:_______________________ LESSEE: Sample Lessee Signature: Name/Title: Date: CERTIFICATE OF SIGNATURE AUTHORITY OF LESSEE Sample Date REV Financial Services LLC 8377 E. Hartford Drive, Suite 115 Scottsdale, AZ 85255 RE: Schedule of Property No. XXX dated Sample Date (“Lease”) to the Master Equipment Lease Purchase Agreement dated Master Date (“Agreement”), by and between Sample Lessee (“Lessee”) and REV Financial Services LLC (“Lessor”). Dear REV Financial Services LLC, I, the undersigned, do hereby certify (i) that _____________________________________________________________________ (please print the name and title of the person who signed the lease documents on the line above) the officer of Lessee who executed the foregoing Lease and Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Lease and Agreement on behalf of Lessee, and (ii) that the budget year of Lessee is from __________________ to __________________. Sincerely, Signature: Name/Title: Dated: The Certificate of Signature Authority of Lessee should be executed by an authorized individual confirming the executioner of the remaining documents is authorized. This document cannot be signed by the person signing the lease documents. BANK QUALIFIED DESIGNATION Schedule of Property No. XXX dated Sample Date to Master Equipment Lease Purchase Agreement dated Master Date Lessee hereby represents and certifies the following (please check one): Bank Qualified  Lessee has designated, and hereby designates, this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). In making that designation, Lessee hereby certifies and represents that:  As of the date hereof in the current calendar year, neither Lessee nor any other issuer on behalf of Lessee has designated more than $10,000,000 of obligations (including this Lease) as “qualified tax-exempt obligations”;  Lessee reasonably anticipates that the total amount of tax-exempt obligations (including this Lease) to be issued by or on behalf of Lessee (or allocated to Lessee) during the current calendar year will not exceed $10,000,000;  The Lease will not be at any time a “private activity bond” as defined in Section 141 of the Code;  The Lease is not subject to control by any entity and there are no entities subject to control by Lessee; and  Not more than $10,000,000 of obligations of any kind (includi ng the Lease) issued by, on behalf of or allocated to Lessee will be designated for purposes of Section 265(b)(3) of the Code during the current calendar year. Non-Bank Qualified  Lessee has not designated this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Code. LESSEE: Sample Lessee Signature: X Printed Name/Title: X Date: X INTERNAL ESCROW LETTER (To Be Placed on Letterhead) Sample Date REV Financial Services LLC 8377 E. Hartford Dr., Suite 115 Scottsdale, Arizona 85255 Re: Schedule of Property No. XXX dated Sample Date to Master Equipment Lease Purchase Agreement dated Master Date (the “Lease”), by and between REV Financial Services LLC and Sample Lessee. Ladies and Gentlemen: We, Sample Lessee (“Lessee”), have entered into the above referenced Lease with you, REV Financial Services LLC (“REV Financial”), for the purpose of financing Equipment (the “Equipment”) in the amount of $__________________ (the “Financed Amount”). Lessee hereby requests that REV Financial retain $___________________ (the “Retained Amount”) in an internal escrow account pending REV Financial’s receipt of confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee. Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing the internal escrow account. Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor. Sincerely, Sample Lessee Signature: __________________________ Name/Title: __________________________ Date: _________________________ PPF Ref #100XXX NOTICE OF ASSIGNMENT Sample Date Sample Lessee Contact Name Address Address City, State Zip Re: Schedule No. XXX dated Sample Date to the Master Equipment Lease Purchase Agreement dated Master Date (the “Lease”) Dear Contact Name, Please be advised that REV Financial Services, LLC has assigned all its right, title, and interest in, to and under the above - referenced Lease, the Equipment leased thereunder and the right to receive Rental Payments thereunder to Pinnacle Public Finance, Inc. (“Assignee”): Remittance: Pinnacle Public Finance, Inc. PO Box 028549 Miami, FL 33102-8549 Correspondence: Pinnacle Public Finance, Inc. 8377 E. Hartford Dr., Suite 115 Scottsdale, AZ 85255 (480) 585-3789 All Rental Payments due under the Lease should be made to the Assignee at the above address. Please acknowledge your receipt and acceptance of the assignment by signing below. Sincerely, ASSIGNOR: REV FINANCIAL SERVICES, LLC By: Name: Title: Agreed to and Acknowledged by: LESSEE: SAMPLE LESSEE By: Name: Title: Date: VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result : Department : Organizational Excellence Fire Rescue Project Name : Year(s) :2020 - 2024 Fire Apparatus Replacement Lease Project Description : Type 2020 2021 2022 2023 2024 Total Ladder Truck 1 1 Fire Engine 1 1 Rescue 1 1 2 Total 1 1 1 1 0 4 Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Fire Rescue Apparatus wear at an accelerated rate due to the nature of their use, and if not replaced on a regular schedule require extensive maintenance and repair becoming unreliable. Having a planned rotation of vehicles keeps the fleet reliable and reduces maintenance costs. Moving from purchase to leasing allows the Village the ability to preplan the cost over a select number of years saving a considerable sum. All apparatus listed in this plan replace existing apparatus; no additional, new apparatus are part of this plan. In FY 2020, the plan calls for the replacement of a 2009 MedTec/International rescue with 86,297 miles that has reached the end of its expected life; at this point resale will be difficult due to age and mileage. Our 2016 AEV/Freightliner rescue has 33,139 miles with only three years of service. We need to rest it to reduce mileage at the end of life. Replacing the 2009 serves both purposes; acquring it through our lease program will save money up front and over the life of the vehicle. By maintaning a modern, up to date fleet, the residents can be assured Fire Rescue is being delivered at the highest level of quality service. This project is intended to replace the following vehicles over the next five years: VILLAGE OF NORTH PALM BEACH DEPARTMENT OF PARKS AND RECREATION TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Stephen Poh, Acting Parks and Recreation Director DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of a Three-Year Contract with Big Fun, Inc. for Heritage Day Amusement Rides at an annual cost not to exceed $42,000.00. Village Staff issued a Request for Proposals (RFP) for amusement rides for the Village’s annual Heritage Day Festival. One proposal was opened on Friday, January 17, 2020. Village Staff recommends accepting the proposal submitted by Big Fun, Inc. to provide rides for th is year’s Heritage Day event, as well as the 2021 and 2022 Heritage Day events. Big Fun, Inc. has been the amusement ride provider for Heritage Day for the past twelve years and has proven to be very professional and reliable. The quality of rides is top-notch. The total budgeted amount for Heritage Day is $60,000.00. The ride portion of the budgeted amount is generally around $40,000.00. Village Staff requests Village Council approval of a three-year Contract with Big Fun, Inc. to provide rides at Heritage Day at a total annual cost not to exceed $42,000.00, with funds expended from Account No. A8229-35650 (Heritage Day). All unit prices shall be in accordance with the proposal submitted by Big Fun, Inc. Account Information: Fund Department Account Number Account Description Amount General Fund Parks & Recreation A8229-35650 Special Events – Heritage Day $42,000.00 The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a three-year Contract with Big Fun, Inc. to provide amusement rides at Heritage Day at an annual cost not to exceed $42,000.00, with funds expended from Account No. A8229-35650 (Special Events – Heritage Day), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2020 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BIG FUN, INC. TO PROVIDE AMUSEMENT RIDES FOR HERITAGE DAY 2020 THROUGH 2022 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued a Request for Proposals for the Heritage Day 2020-22 amusement rides; and WHEREAS, Village Staff recommended accepting the proposal submitted by Big Fun Inc., a Florida corporation, at a total annual cost not to exceed $42,000.00; and WHEREAS, the Village Council determines that the acceptance of the proposal recommended by Village Staff is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by Big Fun, Inc. for the Heritage Day 2020-22 amusement rides at a total annual cost not to exceed $42,000.00, with funds expended from Village Account No. A8229-35650 (Special Events – Heritage Day). Section 3. The Village Council further authorizes and directs the Mayor and Village Clerk to execute a three-year Contract with Big Fun, Inc., a copy of which is attached hereto and incorporated herein, to perform such services in accordance with the terms and conditions set forth in the Request for Proposals issued by the Village. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 1 CONTRACT This Contract is made as of the _______ day of _____________, 2020, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as the VILLAGE, and BIG FUN, INC., a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal Employer I.D. is 20-1152264. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request for Proposals for Heritage Day Amusement Rides and as further stated in CONTRACTOR’s Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF CONTRACTOR. A. CONTRACTOR shall provide all goods and services as stated in the Request for Proposals and CONTRACTOR’s Proposal, as incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. CONTRACTOR certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. B. CONTRACTOR certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County and shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. C. CONTRACTOR shall provide the required goods and services in accordance with the following: 1. CONTRACTOR shall stage all rides/attractions at the VILLAGE’s designated location so that they are ready for inspection by the State of Florida on Friday, April 3, 2020 (day before the event) and shall provide the required services at the VILLAGE’s designated location on Saturday, April 4, 2020 (day of event). In 2021, the inspection shall take place on Friday April 2, 2021 and the event shall take place on Saturday, April 3, 2021. In 2022, the inspection take place on Friday, April 1, 2022 and the event shall take place on Saturday, April 2, 2022. 2. In the event of inclement weather, CONTRACTOR shall provide the required services at the VILLAGE’s designated location on Sunday April 5, 2020 (day after event) or Sunday April 4th in 2021 and Sunday April 3rd in 2022. 3. If inclement weather continues and the VILLAGE, in its sole discretion, decides not to conduct the Heritage Day festivities, the VILLAGE shall pay CONTRACTOR for the documented and verified costs of goods and services actually provided, not to exceed the maximum compensation set forth in Article 4. 4. CONTRACTOR shall obtain all required permits and inspections. To the extent permitted by law, the VILLAGE shall waive all VILLAGE permit and inspection fees. 2 5. CONTRACTOR shall be responsible for maintaining, storing and protecting all rides/attractions from all acts of nature, theft, vandalism or other means of damage or destruction. 6. CONTRACTOR shall be responsible for removing and clearing the rides/attractions on the day of the festivities. D. The services provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and as stated in the Request for Proposals. ARTICLE 2. PERIOD OF SERVICE. A. CONTRACTOR shall provide all goods and services in accordance with the terms of the Request for Proposals and this Contract. Time is of the essence. B. In the event of unpreventable acts or occurrences wholly beyond the control of and attributable to CONTRACTOR or the VILLAGE, including, by way of example, acts of God, fire, flood, riots, war, terrorist activities, drought conditions, hurricanes or other severe and unforeseen storm events (“Force Majeure Events”), prevent the CONTRACTOR from performing the services contemplated by this Contract, the CONTRACTOR shall be excused from performance under the terms of this Contract and the VILLAGE shall be relieved from payment for such services. C. Notwithstanding the foregoing, CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. D. This Contract shall become effective upon approval by the VILLAGE Council and shall remain in effect for a period of three (3) years, unless earlier terminated in accordance with Article 7. Any variation to the terms and conditions set forth herein shall be in writing and signed by both parties. ARTICLE 3. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Village Parks and Recreation Supervisor. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and services set forth in the Request for Proposals and as stated in CONTRACTOR’s Proposal in an amount not to exceed Forty-Two Thousand Dollars and No Cents ($42,000.00) for each year of the Contract. All pricing shall be in accordance with CONTRACTOR’s Proposal dated January 14, 2020. B. The VILLAGE shall pay CONTRACTOR a deposit of up to fifty percent (50%) within ten (10) days after execution of this Contract by the VILLAGE for services to be performed in 2020. The balance of the compensation due to the CONTRACTOR for 2020 shall be paid subsequent to 3 the Heritage Day event upon satisfactory completion of all services. The VILLAGE and CONTRACTOR shall agree to deposit payment dates for services performed in 2021 and 2022, with final payment for each year to be paid subsequent to the Heritage Day event upon satisfactory completion of all services. C. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on the date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s) received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with the Contract and then will be sent to the Fi nance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. D. Services undertaken or expenses incurred that exceed the amount set forth in this Contract without prior written authorization from the VILLAGE shall be the sole liability of CONTRACTOR. E. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. F. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods have been provided and services performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the required goods and services. G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this 4 Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in Section 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. This Contract may be cancelled by CONTRACTOR upon ninety (90) days’ prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid for services rendered to the VILLAGE’s satisfaction through the date of termination. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Proposal Documents. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. ARTICLE 10. PAYMENT AND PERFORMANCE BOND. A. CONTRACTOR be required to furnish a payment and performance bond with a carrier duly licensed and authorized to do business in the State of Florida, equal to one hundred percent of the total amount of the contract to assure faithful performance and timely payments to all persons providing labor, materials or supplies used in the performance of the work. B. CONTRACTOR shall be required at all times to have a valid payment and performance bond in force covering the work being performed. A failure to have such a bond in force at any time shall constitute a default on the part of CONTRACTOR. A bond written by a surety, who 5 becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the selected proposer to meet the above requirements. ARTICLE 11. SUCCESSORS AND ASSIGNS. The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and CONTRACTOR. ARTICLE 12. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. 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. C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP. CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 14. NONDISCRIMINATION. CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred 6 in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16. AUTHORITY TO PROVIDE REQUIRED SERVICES. CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Contract, and that it will at all times conduct its business and provide the services required under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE’s representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the Work, including alterations, reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE’s notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed estimate for the increase or decrease in cost due to the contemplated change. B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and CONTRACTOR shall not commence work on any such change until such written amendment is signed by CONTRACTOR and approved and executed by the VILLAGE. ARTICLE 19. PROTECTION OF WORK AND PROPERTY. A. CONTRACTOR shall continuously maintain adequate protection of all goods and services provided pursuant to this Contract from damage, and shall protect the VILLAGE’s property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where services are being performed and throughout the completion of such services. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Village Manager 501 U.S. Highway One North Palm Beach, FL 33408 7 and if sent to CONTRACTOR shall be mailed to: Big Fun, Inc. Attn: Michael Doolan, President P.O. Box 699 Jensen Beach, FL 34958 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. 8 ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and document referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, including, but not limited to the Request for Proposals and the CONTRACTOR’s Proposal, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 29. DEFAULT. A. Notwithstanding an ything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for immediate termination: 1. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 2. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the goods and services required pursuant to this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any such default. ARTICLE 30. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should 9 a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 31. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 32. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request 10 from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ DARRYL AUBREY MAYOR ATTEST: BY:________________________________ JESSIC A GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY BIG FUN, INC. North Palm Beach Heritage Day Festival Event Info, Photos, Ride Specs and Insurance Certificates BIG FUN, INC. North Palm Beach Heritage Day Festival Amusement Rides April 4, 2020 Noon - 8 pm This proposal is submitted by Big Fun, inc. and all equipment in this proposal is available at time of proposal, subject to availability at time of acceptance. Submitted by Michael Doolan, President, Big Fun, Inc. BIG FUN, INC. Event: North Palm Beach Heritage Day Festival Date: April 4, 2020 Times: Noon - 8pm Location: Anchorage Park 603 Anchorage Dr. North Palm Beach, FI. 33408 SERVICE PROVIDED: PROPOSAL OUTLINE Big Fun will operate amusement rides and attractions at the Heritage Day Festival for the above listed hours. All rides listed in this proposal are available at time of proposal, subject to availability at time of acceptance. In the event a ride is no longer available, Big Fun reserves the right to substitute a ride of equal or greater value. All event packages require a minimum of 1 generator. Generators will be supplied by Big Fun, with service cost to be additional. All local permits are the responsibility of the event. All State inspections and permits are the responsibility of Big fun, with fees to be billed to event. All proposal prices, include delivery, set-up, operating hours and dismantling fees. Event location needs to be available no less than 48 hours prior to scheduled inspections. BIG FUN, INC. P. O. Box 699 Jensen Beach, FI. 34958 Annual permit for any ride Inspection fees Kiddie Non -kiddie Super Re -inspection fee Late request fee Failure to cancel Weekend or State holiday inspection fee 2019-2020 FL. STATE FEES Phone (772) 285-2208 Fax (772) 225-0300 500.00 45.00 90.00 175.00 500.00 100.00 per ride 100,00 per ride 75.00 per ride BIG FUN, INC. P. O. Box 699 Jensen Beach, FI. 34958 PRICE LIST Phone(772)285-2208 Fax(772)225-0300 ALL RIDES ARE PRICED INDIVIDUALLY. ROCK STAR 6,950.00 PHARAOH'S FURY 6,950.00 CLIFF HANGER 63,950.00 ZERO GRAVITY 53,450.00 SURF CITY 45950.00 BARREL OF FUN 3,750.00 SWINGER 45250.00 FUN SLIDE 2,950.00 RIO GRANDE TRAIN 23,350.00 CROSS COUNTRY ADVENTURE 2,350.00 KIDDIE SWING 2,350.00 KIDDIE CARS 2,350.00 CAROUSEL 4,950.00 DRAGON WAGON 2,950.00 ROCKIN TUG 4,750.00 WILD ONE OBSTACLE COURSE 15250.00 All ride packages require a minimum of two generators 750.00 ea. BIG FUN, INC. REFERENCES Phone69................J...en..ss'ee...Beach..n F.. 34958 '.,,,..,.........................,,....,........................................................................................................................""............................................................ P O. Bo9 , I. e (772) 285-2208 Fax (772) 225-0300x Christine Najac City of Oakland Park Event Producer 561)866-2760 Holiday Village Event Sharon Duke, CPRP Recreation Center Supervisor II James A. Rutherford Center Boca Raton, Fl. 561)367-7037 2018 -current Annually, we do two events at Patch Reef Park. The Children's Winter and Spring fair. 2000 -current Ron Rose Jensen Beach Chamber of Commerce 772)334-3444 Jensen Beach Pineapple Festival Eric Waters Recreation Coordinator City of Oakland Park 954) 630-4507 Annual Oakland Park Youth Day Bill Egan Parks and Recreation Village of North Palm Beach, Fl. 561)797-3003 1998 -current 2000 -current Annual Heritage Day Festival 2005 -current A " ® v( J/^ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/ 15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCERCONTACT Allied Specialty Insurance, Inc. NAME: ac°No Ext): A/C, No): 10451 Gulf Blvd ADDRIESS: Treasure Island, FL 33706-4814 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: T.H.E. Insurance Company 12866 5/04/2019 INSURED Doolan Amusement Company, Inc., Big Fun, Inc., INSURER B: 1,000,000 Banquet in a Bun and TGIR Properties, Inc. INSURERC: 100,000 4331 SE Hopetown Terrace INSURER D INSURER E: Stuart, FL 34997 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADSL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/ D/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR CPP0101206-09 5/04/2019 5/04/2020 EACH OCCURRENCE 1,000,000 DAMAGE To TED PREMISES (E. occurrence) 100,000 MED EXP (Any one person) PERSONAL & ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 10,000,000GEN'L POLICY PRO- JECT [:]LOC PRODUCTS - COMP/OP AGG 1,000,000 OTHER: A AUTOMOBILE LIABILITY CPP0101206-09 5/04/2019 5/04/2020 COMBINEDSINGLELIMIT 1'000'000 BODILY INJURY (Per person) AUTOIANY OWNED X SCHEDULEDAUTOSONLY / AUTOS XHIRED / NON -OWNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident A UMBRELLA LIAB X OCCUR ELP0010895 07 5/04/2019 5/04/2020 EACH OCCURRENCE 4,000,000 _ AGGREGATE 4,000,000XEXCESSLIABCLAIMS -MADE DED RETENTION $ rA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE WCP0004513-019 5/15/2019 5/15/2020 X PER OH STATUTE ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 OFFICER/MEMBER EXCLUDED? Mandatory in NH) N/A E.L. DISEASE - POLICY LIMIT 1,000,000Ifyes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) OFINSURANCE ONLY.,=,,.<_..,<.......,.«........«..,....,.,.,<.,>,..,.<.,....,_..<.<,.,.,.,.<,. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PROOF OF INSURANC ONLY********************* AUTHORIZE REPRESENTATIVE C C 1988-201.5/ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT "B" PROPOSAL FORM HERITAGE DAY AMUSEMENT RIDES SUBMIT ONE (1) ORGINAL AND ONE (1) COPY OF YOUR PROPOSAL TO: Village of North Palm Beach 501 U.S. Highway One, North Palm Beach, FL 33408 Attn: Village Clerk's Office Proposer's Name: I C Fu:') Tv,C . Please specify the type of'entity, e.g. corporation or partnership) FEIN No.: 20 -- i1 ZZb`I E -Mail: Mel, L 13ell o;+,z,}' Address: G4-c'On . V=A 3'-Vg5'6 Telephone No.: 1-12 285"--Zz.0S Fax Number: In accordance with the terms and conditions stated in the Request for Proposals (RFP), the undersigned agrees to provide the Heritage Day Amusement Rides at a total annual cost including the payment and performance bond, state inspection and all additional costs to operate the rids/attractions) not to exceed: T.9.-D, Figures) ro be. c3e—+-ery-,-w eA Dollars Written Out) The proposal shall be attached to this form and shall specifically include: 1. List of rides/attractions and total cost of operating each ride/attraction (inclusive of staffing, generators/power and equipment). 2. Cost of state inspection. 3. Any additional costs to operate the rides/attractions in accordance with the Specifications not included in the costs listed above. 4. List of references as required by Specifications. Authorized R presentative's Signature Date 01)a -e- 1 —00U arm ?r" -r - Print Name Position EXHIBIT "C" CONFIRMATION OF DRUG-FREE WORKPLACE In accordance with Section 287. 087, Florida Statutes, whenever two (2) or more bids or proposals are equal with respect to price, quality and service, which are received by any political subdivision for the procurement of commodities or contractual services, a bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 or proposal 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 or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five 5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to execute this confirmation, the undersigned certifies that z . Toe- complies fully with the above requirements. Authorized Re resentative's Signature Date cc af LJc.o v Print Name: Pr -e -S . Position EXHIBIT "D" PUBLIC ENTITY CRIMES STATEMENT UNDER 287.133, FLORIDA STATUTES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by Mic,hae,I17t>L)rav- pres,d'-Ai 61!! FUU1.-rylr, for rmt individual's name and title) 1 c 70n _ L pri t name of entity submitting sworn statement) whose business address is PO .?c,x to and (if applicable) its Federal Employer Identification Number (FEIN) is: -LO- %QTZZb4 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature) The foregoing document was s or and subscribed before me this day of I ( L6 wb IA c e a r who is ersonally known to me or produce l as i 'fi atio1. Q LTANISHA. STREET o r Public hYr P G Notate of Florida y_ GG 235235 My Commission Expires: Mys Aug. 12, 2022 EXHIBIT "E" SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by Mie,2e_l print individual's name and title) for name of entity submitting sworn statement) whose business address is o. and (if applicable) its Federal Employer Identification Number (FEIN) is: '2_0.1 iS ZZ6y If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 1. I hereby certify that the above-named entity: A. Does not participate in the boycott of Israel; and B. Is not on the Scrutinized Companies that Boycott Israel List. 2. If the Contract for goods and services is for more than $1,000, 000, I hereby certify that the above-named entity: A. Is not on the Scrutinized Companies with Activities in Sudan List; and B. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and C. Has not engaged in business operations in Cuba or Syria. Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and (2) contracting with companies, for goods or services over $1,000,000 that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of the above-named entity, I hereby certify that the statements set forth above are true and that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees and/or costs. I further understand that any contract with the Village for goods or services may be terminated at the option of the Village if the company has been found to have submitted a false certification. Signature) The foregoing documgnl as sj vo and subscribed before me this day of CAn,_ q l 2 )by f`'t l WkI , who is personally known to me or produced L L_ as identificaTion. ck Notary Public TANISHA D. STREET My Commission Expires: 8P& 2022 Notary Public, State of Florida z° ,K` Commission# GG 2352 5 1Y= My comm. expires Aug. 2 a 1 F%)A SAC. iso K 611 Sen a &J+, Fl. 3*tsS8 s ec 1 1 Pro p o's CLl rviusemen4 Rides LLO4itoiEEcotQOQ OLCLOzO0 Of o cucno J V' oaooONONca WJU ry N w v LO v00 111 v en SSS IVica m= C` co o m LUcLU Q 0 u LL o, o ( L)— l W cQ CL n• Q cn 0.) 0 Qcon j W cn c ca m J DE - o coE, o m A, o m o , ani cam. - 0 cn cn . V 7 LL N Er ca Q ••+• VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT & PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Samia Janjua, Director of Finance Susanne Hachigian, Public Works Manager DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of a five-year lease agreement with Pinnacle Public Finance to lease three (3) Police Vehicles, one (1) Public Works Pickup Truck and one (1) Public Works Bucket Truck and surplus five (5) existing vehicles. Vehicle purchases and leases are part of the Village’s Capital Improvement Plan. During the Fiscal Year 2020 budgetary process, each Department identified its need for vehicles. The requests were then reviewed by the Vehicle Committee that is comprised of representatives of all user groups. The Committee agreed that the following vehicles need to be replaced in Fiscal Year 2020: Police Department Vehicles (Total Purchase Price for three (3) vehicles = $124,716.94) Vendor: Bartow Ford Company of Bartow, Florida Vehicle(s): 2020 Unmarked Ford Fusion 2020 Ford Interceptor Utility – Eco 2020 Ford Interceptor Utility – V6 Pricing: Charlotte County Contract Number 18-509 (Vehicles – Annual Contract). Equipment: Outfitting of vehicle from Dana Safety Supply utilizing the City of Tampa Bid Number 21092617 (Light Bars and Accessories with installation, Spec No. 2-18). Note: While the Village’s purchasing policies and procedures allow concurrent competitive purchasing, a waiver is required due to the age of City of Tampa contract. Public Works Pickup Truck (Total Purchase Price for one (1) vehicle = $40,568.60) Vendor: Bartow Ford Company of Bartow, Florida Vehicle: 2020 Ford F-350 Pricing: Charlotte County Contract Number 18-509 (Vehicles – Annual Contract). Public Works Bucket Truck (Total Purchase Price for one (1) vehicle = $116,782): Vendor: Altec Industries, Inc. Vehicle: Bucket Truck Pricing: Sourcewell (formerly the National Joint Powers Alliance) Contract No. 012418- ALT (Utility, Tree Care, Lights & Signs Equipment). Sourcewell is a cooperative purchasing program, and the Village’s purchasing policies and procedures authorize concurrent competitive purchasing through current cooperative purchase contracts. The total purchase price of the above vehicles is $282,067.54. Village staff requested financing options from various banks. The vehicle pricing and the responses from the various banks are included in your agenda backup for review. The vehicles will be leased through Pinnacle Public Finance. Some information about the lease agreement is summarized below:  Lease term: Five (5) years;  Interest rate: 2.38%;  Annual lease payment: $60,504.58;  Total cost (principal + interest): $302,522.89;  Bank will pay the vendor directly on behalf of the Village upon delivery and acceptance of vehicles; and  To accommodate the timing differences on the delivery of the vehicles, funds will be held in an escrow account to pay invoices as vehicles are delivered and accepted (bank will provide a non- interest-bearing escrow account free of charge to the Village) This purchase will replace the following five (5) vehicles to be surplused when the replacement vehicles are delivered and placed into service: Unit No. Description VIN Mileage 223 Marked Ford Taurus 1FAHP2MT2DG204834 89,530 224 Unmarked Ford Taurus 1FAHP2MT2DG204835 112,545 372 Marked Ford Taurus 1FM5K8AR9EGB59332 94,312 22 Ford Bucket Truck 1FDWF36L31EA58406 86,600 82 Dodge Ram 3500 3D7ML46D77G766054 49,006 The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Description Annual Payment General Fund Debt Service A8535-49158 Vehicle Lease $60,504.58 Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution approving the lease of the five (5) vehicles listed above through Pinnacle Public Finance at a total cost of $302,522.89) with funds expended from A8535-49158 (Debt Service – Vehicle Lease), authorizing the Village Manager and Village Staff to execute the necessary Lease Agreements and related documents and declaring five (5) vehicles as surplus and authorizing their disposal in accordance with Village policies and procedures. RESOLUTION 2020-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE LEASE OF THREE NEW POLICE DEPARTMENT VEHICLES ACQUIRED FROM BARTOW FORD CO. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CHARLOTTE COUNTY CONTRACT AND EQUIPPED BY DANA SAFETY SUPPLY PURSUANT TO AN EXISTING CITY OF TAMPA CONTRACT, ONE NEW PUBLIC WORKS VEHICLE ACQUIRED FROM BARTOW FORD CO. PURSUANT TO PRICING ESTABLISHED IN EXISTING CHARLOTTE COUNTY CONTRACT, AND ONE NEW BUCKET TRUCK FOR THE PUBLIC WORKS DEPARTMENT ACQUIRED FROM ALTEC INDUSTRIES, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL CONTRACT; APPROVING A FIVE-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE INC.; DECLARING FIVE EXISTING VEHICLES AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended the lease of five new vehicles (three vehicles for the Police Department and one vehicle and one bucket truck for the Public Works Department) through Pinnacle Public Finance, Inc.; and WHEREAS, the Police Department vehicles will be acquired from Bartow Ford Co. utilizing pricing established in an existing Charlotte County Contract (Contract No. 18-509 Vehicles – Annual Contract) and will be equipped by Dana Safety Supply pursuant to pricing established in an existing City of Tampa Contract (Bid No. 21092617 – Light Bars and Accessories with Installation, Specification No. 2-18); and WHEREAS, the Public Works Department vehicle will be acquired from Bartow Ford Co. utilizing pricing established in an existing Charlotte County Contract (Contract No. 18-509 Vehicles – Annual Contract); and WHEREAS, the Public Works Department bucket truck will be acquired from Altec Industries, Inc. utilizing pricing established in an existing Sourcewell Contract (Contract No. 012418-ALT Utility, Tree Care, Lights & Signs Equipment); and WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver of the purchasing policies and procedures relating to the age of the existing contracts, is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the acquisition of the following vehicles and the leasing of such vehicle for a five-year term through Pinnacle Public Finance, Inc.: Police Department Vehicles (from Bartow Ford Co.) 2020 Unmarked Ford Fusion 2020 Ford Interceptor Utility – Eco 2020 Ford Interceptor Utility – V6 Public Works Vehicle (from Bartow Ford Co.) 2020 Ford F-350 Public Work Bucket Truck (from Altec Industries, Inc.) Altec Bucket Truck equipped to Village specifications Section 2. The total annual cost of the lease shall be $60,504.58 (at a total cost of $302,522.89 over the term of the lease), with funds expended from Account No. A8535-49158 (Debt Service – Vehicle Lease). The Village Council further authorizes the Village Manager to execute the Master Lease Agreement and First Amendment with Pinnacle Public Finance, Inc., subject to review and approval by the Village Attorney, and any other documents required to complete the transaction. Section 3. Upon delivery, acceptance and placement into service of the new vehicles, the Village Council declares the following vehicles as surplus property and authorizes their disposal in accordance with Village policies and procedures: Unit No. Description VIN Mileage 223 Marked Ford Taurus 1FAHP2MT2DG204834 89,530 224 Unmarked Ford Taurus 1FAHP2MT2DG204835 112,545 372 Marked Ford Taurus 1FM5K8AR9EGB59332 94,312 22 Ford Bucket Truck 1FDWF36L31EA58406 86,600 82 Dodge Ram 3500 3D7ML46D77G766054 49,006 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK FY 2020 Vehicle Financing Vehicle Information Description Cost 2020 Ford Fusion – Unmarked $28,364.37 2020 Ford Interceptor Utility – Eco 49,519.13 2020 Ford Interceptor Utility – V6 46,833.44 Bucket Truck 116,782.00 F‐350 40,568.60 Total Cost $282,067.54 Bank Responses: Bank Interest Rate Total (principal + interest) Term Annual Payment Seacoast 4.24% 5 years Pinnacle 2.38% (for 30 days) $302,522.89 5 years $60,504.58 Flagler Bank 4% 5 years TD Bank 2.50% 5 years BB&T(Truist) (*) 2.33% (until 3/13/2020) $302,087.23 5 years $60,417.44 Velocity Credit Union N/A ‐ Individual loans only Wells Fargo N/A ‐ Does not offer vehicle financing * After reviewing the Truist proposal and loan documents, the Village Attorney found that the Truist proposal is more of a loan/lease combination and will require bond counsel, which will cost more than the difference in the financing rate when compared to the Pinnacle Proposal which is a straight‐forward lease January 12, 2020 Village of North Palm Beach Susanne Hachigian F3H 2020 F-350 Chassis 4x4 SD Regular Cab 145" WB DRW XL 996 6.2L 2-Valve SOHC EFI NA V8 (Flex-Fuel) 44G TorqShift 10- Speed Automatic Transmission 640A XL Equipment Package 90L Power Equipment Group 52B Trailer Brake Controller 18B Platform Running Boards 872 Rear View Camera & Prep Kit 525 Cruise Control Factory Invoice $40,871.00 Government Price Concession Discount $6,600.00 4.06% Contract Discount $1,391.40 9' Flat Bed Body (No Sides) with Sub Frame Mounted Hoist, 7'x12' Manual Tarp Roller, Class V Trailer Hitch with 7 Way Round Plug, 3rd Key $7,689.00 $0.00 $0.00 TOTAL PURCHASE AMOUNT PER UNIT $40,568.60 Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 ADMINISTRATIVE CONTRACT RENEWAL APPROVAL FORM Contract #: Award Date: _______________ Awarded By: ________________________ Original Term: From: To: Renewal Term: From: ____________To: _____________________________________________________________________________________________ Description & Background of Contract: ______________________________________________________________________________________________ Contract Specialist: Phone: Fax: 941-743-1384 Contract Specialist E-mail: By acceptance of this contract renewal as indicated above and by all parties’ signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: __________________________________ Requested by: _________________________________ Signature/Date Approved by: _______________ Signature/Date Approved by: _________________________________ Charlotte County Purchasing Signature/Date Approved by: County Administration Signature/Date VEHICLES - ANNUAL CONTRACT 2018000509 9/25/2019 BOCC 10/1/2018 9/30/2019 10/1/2019 9/30/2020 This is an annual contract that allows for the purchase of Ford vehicles on an 'as needed' basis. On September 25, 2018, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms, and conditions by mutual consent. In accordance with the contract documents, this contract can be renewed for one (1) additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2019 through and including September 30, 2020. Alisa L. True 941-743-1549 alisa.true@charlottecountyfl.gov Hal Daniels 8/22/2019 Daniels, Harold Digitally signed by Daniels, Harold Date: 2019.08.22 10:41:16 -04'00' Richard Weissinger Bartow Ford See Attached Gordon Burger Budget and Administrative Services Director Kimberly A. Corbett, C.P.M., CPPB Ray Sandrock ADMINISTRATIVE CONTRACT RENEWAL APPROVAL FORM Contract #: Award Date: _______________ Awarded By: ________________________ Original Term: From: To: Renewal Term: From: ____________To: _____________________________________________________________________________________________ Description & Background of Contract: ______________________________________________________________________________________________ Contract Specialist: Phone: Fax: 941-743-1384 Contract Specialist E-mail: By acceptance of this contract renewal as indicated above and by all parties’ signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: __________________________________ Requested by: _________________________________ Signature/Date Approved by: _______________ Signature/Date Approved by: _________________________________ Charlotte County Purchasing Signature/Date Approved by: County Administration Signature/Date VEHICLES - ANNUAL CONTRACT 2018000509 9/25/2019 BOCC 10/1/2018 9/30/2019 10/1/2019 9/30/2020 This is an annual contract that allows for the purchase of Ford vehicles on an 'as needed' basis. On September 25, 2018, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms, and conditions by mutual consent. In accordance with the contract documents, this contract can be renewed for one (1) additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2019 through and including September 30, 2020. Alisa L. True 941-743-1549 alisa.true@charlottecountyfl.gov Richard Weissinger Bartow Ford Gordon Burger Budget and Administrative Services Director Kimberly A. Corbett, C.P.M., CPPB Ray Sandrock ___________________________ _ Signature/Date Bid No.: Title: Department: Contractor/Vendor: THIS FORM SHALL BECOME PUBLIC RECORD, THEREFORE, ALL ITEMS SHOULD BE COMPLETED THOROUGHLY AND EXPLAINED BASED ON FACT. 1. Did the Contractor/Vendor perform and/or deliver on time? 2. Was quality of product/service rendered in conformance with specs? 3. Did the Contractor/Vendor provide timely warranty service and/or repairs? 4. Did the Contractor/Vendor display cooperation in working out problems? 5. Would you recommend that Charlotte County continue to do business with the firm? Additional Comments (Optional): 7KLVIRUPVKDOOEHFRPHSXEOLFUHFRUG%\FRPSOHWLQJWKLVIRUP,KHUHE\ DWWHVWWKDWWKLVIRUPKDVEHHQFRPSOHWHGIXOO\DQGDFFXUDWHO\WR WKHEHVWRIP\NQRZOHGJH &RPSOHWHGE\ CONTRACTOR/VENDOR PERFORMANCE EVALUATION 'DWH Yes No 2018000509 Vehicles - Annual Contract Budget and Administrative Services / Fleet Bartow Ford Kim Batey 9/11/2019 November 14, 2019 Village of North Palm Beach Susanne Hachigian P0C 2020 Fusion 4dr FWD Sedan SEL 99D 1.5L EcoBoost Engine 44W 6 Speed Automatic Transmission 100A`Equipment Package 43P Reverse Sensing System Factory Invoice $28,250.00 Government Price Concession Discount $2,200.00 4.06% Contract Discount $1,057.63 $0.00 $0.00 $0.00 TOTAL PURCHASE AMOUNT PER UNIT $24,992.37 Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 248986-B NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 FUSION UNMARKED 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 299.00299.0000ETSA461HPPa58A0IZSJA SOI 400 Series Handheld Siren Warehouse: MIAM Vin #: 11 Y 139.00139.0000ETSS100Na58A0IZSJQ SOI SERIES 100N SPEAKER Warehouse: MIAM Vin #: 22 Y 216.00108.0000ENFSGS4BRWa58A0IZT6Q SOI SGL NFORCE DECK/GRILL 18 LED LT BLUE/RED/WHITE Warehouse: MIAM Vin #: (2) REAR WINDOW 44 Y 380.0095.0000EMPS2STS5RBAa58A0IZTIW SOI MPOWER FASCIA 4"18-LED STUD MNT RED/BLUE/AMBER Warehouse: MIAM Vin #: (4) FRONT GRILL 88 Y 760.0095.0000EMPS2STS5RBWa58A0IZTQP SOI MPOWER FASCIA 4"18-LED STUD MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (4) FRONT WINDSHIELD (2) REAR SIDE DOORS (2) ABOVE LIC. PLATE 22 Y 24.0012.0000PMP2WSDDBa5MQ0KYGYF SOI 4" MPOWER DUAL WINDOW SHROUD-BLACK Warehouse: MIAM Vin #: (2) DUAL FRONT WINDSHIELD SHROUDS 11/21/19 09:49:35 AM 1Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ0KYGYF 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 248986-B NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 FUSION UNMARKED 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 88 Y 44.005.5000PMP2BKDGAJa58A0IZTUL SOI mPOWER 90 DEGREE MOUNTING BRACKET, BLACK Warehouse: MIAM Vin #: (4) GRILL LIGHT BRACKETS (2) REAR SIDE DOOR BRACKETS (2) ABOVE LIC. PLATE BRACKETS 22 Y 116.0058.0000ELUC3H010Ja5MQ0KPIM8 SOI UNIV UNDERCOVER LED INSERT, 5 WIRE RED/BLUE Warehouse: MIAM Vin #: (2) FRONT CORNER LED'S 11 Y 34.0034.0000ETFBSSN-Pa58A0IZUEL SOI 100% SOLID STATE TAILLIGHT FLASHER (12-WIRE) Warehouse: MIAM Vin #: (1) TLF 11 Y 65.0065.0000THMS800-PPIa5MQ0KQKZA THOR 800 WATT 12VDC MODIFIED SINE WAVE INVERTER Warehouse: MIAM Vin #: 11 Y 90.0090.0000ML150LR-1019a5MQ0L04DB MAG LED RECHARGEABLE FLASHLIGHT, A/C & DC ADAPTERS Warehouse: MIAM Vin #: 11/21/19 09:49:35 AM 2Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ0L04DB 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 248986-B NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 FUSION UNMARKED 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 125.00125.0000SHOP-MIAMIa58A0IZUF0 100 AMP RESETTABLE BREAKER, 6 GANG FUSE PANEL Warehouse: MIAM Vin #: (2) EXTENSION CABLE FOR POWER INVERTER AND TERMINAL BOXES. TERMINAL BOXES TO BE MOUNTED ON FRONT CONSOLE. 11 N 1,080.001,080.0000INSTALLa58A0IZUOK DSS INSTALLATION OF EQUIPMENT Warehouse: MIAM Vin #: INSTALLATION TO BE PERFORMED AT THE DSS LOCATION. CUSTOMER TO PROVIDE VEHICLE AT THE APPOINTED TIME & PICK-UP SAME UPON COMPLETION OF THE INSTALL. *************************************** LABOR RATE AS PER MIAMI CONTRACT @ $60.00 PER HOUR LABOR HOURS PER VEHICLE: 18.0 ** 2020 FORD FUSION, UNMARKED / ADMIN ** Approved By: Approve All Items & Quantities Quote Good for 30 Days 11/21/19 09:49:35 AM 3Page No. Print Time Print Date Printed By: EDWIN SALGADO Order Total Freight Subtotal 3,372.00 0.00 3,372.00 a58A0IZUOK September 29, 2019 Village of North Palm Beach Susanne Hachigian K8A 2020 Ford Interceptor Utility 99C 3.0L V6 EcoBoost Engine 44U 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51T Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 76R Reverse Sensing 52T Class III Trailer Tow Lighting Package 76P Pre-Collision Assist w/Pedestrian Detection Factory Rear View Camera Factory Invoice $42,646.00 Government Price Concession Discount $2,600.00 4.06% Contract Discount $1,625.87 $0.00 $0.00 $0.00 TOTAL PURCHASE AMOUNT PER UNIT $38,420.13 Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 265.00265.0000ENGCC01243a5MQ1AAWQI SOI BLUEPRINT 3 CENTRAL CONTROLLER Warehouse: MIAM Vin #: 11 Y 118.00118.0000ENGCP18001a5MQ1AAXAH SOI BLUEPRINT CONTROL PANEL W/ BAIL BRACKET Warehouse: MIAM Vin #: 11 Y 26.0026.0000ENGHNK01a5MQ1AAXGJ SOI BLUEPRINT CENTRAL CONTROLLER HARNESS KIT Warehouse: MIAM Vin #: 11 Y 190.00190.0000ENGLNK002a5MQ1AAXLR SOI BLUEPRINT LINK FOR 15-18 F-150, 16-18 PIUT Warehouse: MIAM Vin #: 33 Y 375.00125.0000ENGND04101a5MQ1AAXQJ SOI REMOTE NODE Warehouse: MIAM Vin #: 33 Y 81.0027.0000ENGHNK02a5MQ1AAXVB SOI BLUEPRINT REMOTE NODE HARNESS KIT Warehouse: MIAM Vin #: 11 Y 278.00278.0000ENGSA07152a5MQ1AAY02 SOI BLUEPRINT 200 WATT DUAL TONE SIREN AMP Warehouse: MIAM Vin #: 12/17/19 05:00:24 PM 1Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AAY02 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 278.00139.0000ETSS100Na5MQ1AAY4F SOI 100W SPEAKER WITH UNIVERSAL BRACKET Warehouse: MIAM Vin #: SPEAKER TO BE MOUNTED BEHIND GRILL 22 Y 0.000.0000ETSSVBK01a5MQ1AAY97 SOI 2020 FORD PIUT SPEAKER BUMPER MNT BRACKET Warehouse: MIAM Vin #: 11 Y 665.00665.0000ENFRBa5MQ1AC296 SOI N Force Rear Deck Light Bar Warehouse: MIAM Vin #: Ford Explorer/PI Utility (2020) Solid Rear (DRV) |T18||T18||T18||T18||T18||T18| (PAS) |RBW||RBW||RBW||RBW||RBW||RBW| Accessories: PNFLBSPLT1 DSC w/ Breakout Box (Included) EOS# QE053641 22 Y 116.0058.0000ELUC3H010Ja5MQ1AAYNY SOI UNIV UNDERCOVER LED INSERT, 5 WIRE RED/BLUE Warehouse: MIAM Vin #: (2) FRONT CORNER LED'S 44 Y 232.0058.0000ELUC3H010Ea5MQ1AAYSA SOI UNIV UNDERCOVER LED INSERT, 5 WIRE BLUE/WHITE Warehouse: MIAM Vin #: (4) REAR CORNER LED'S 12/17/19 05:00:24 PM 2Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AAYSA 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 256.00128.0000ENT3B3RBWa5MQ1AAYXI SOI INTERSECTOR 18-LED SFC MNT,BLK HSG RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) UNDER SIDE VIEW MIRROR 11 Y 12.0012.0000PMP2BKUMB3-Da5MQ1AAZ2P SOI 2020 PIUT UNDER MIRROR MNT BRACKET, DRIVER Warehouse: MIAM Vin #: 11 Y 12.0012.0000PMP2BKUMB3-Pa5MQ1AAZ7X SOI 2020 PIUT UNDER MIRROR MNT BRAKET, PASSENGER Warehouse: MIAM Vin #: 22 Y 190.0095.0000EMPS2QMS5RBWa5MQ1AAZBT SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) FRONT FACING ON SIDE VIEW MIRROR, AT 45° ANGLE 22 Y 9.004.5000PMP2WDG05Ba5MQ1AAZH1 SOI MPOWER 4" 5 DEGREE WEDGE BLACK Warehouse: MIAM Vin #: (2) FRONT FACING ON SIDE VIEW MIRROR, AT 45° ANGLE BRACKETS 12/17/19 05:00:24 PM 3Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AAZH1 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 1010 Y 950.0095.0000EMPS2STS5RBWa5MQ1AAZLT SOI MPOWER FASCIA 4"18-LED STUD MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (4) GRILL LIGHTS (2) FRONT FOG LIGHT AREA (2) REAR SIDE DOORS (2) REAR LIC. PLATE 66 Y 33.005.5000PMP2BKDGAJa5MQ1AAZLU SOI mPOWER 90 DEGREE MOUNTING BRACKET, BLACK Warehouse: MIAM Vin #: (4) FRONT GRILL LIGHTS (2) REAR SIDE DOORS BRACKETS 11 Y 18.0018.0000PMP2BRK2LPVa5MQ1AB00K SOI MPOWER FASCIA VERT. LIC PLATE BRACKET Warehouse: MIAM Vin #: (1) REAR LIC. PLATE BRACKET 22 Y 164.0082.0000EMPS1QMS4RBAa5MQ1AB06N SOI MPOWER FASCIA 3" 12-LED QUICK MNT RED/BLUE/AMBER Warehouse: MIAM Vin #: (2) UNDER REAR HATCH DOOR 22 Y 376.00188.0000ENFDGS3EDa5MQ1AB0AZ SOI DUAL NFORCE DECK/GRILL 12 LED LT B/W-R/W Warehouse: MIAM Vin #: (2) REAR CARGO SIDE WINDOWS 12/17/19 05:00:24 PM 4Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AB0AZ 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 190.0095.0000EMPS2QMS5RBWa5MQ1AB0LE SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) REAR LOWER QUARTER PANEL 22 Y 190.0095.0000EMPS2QMS5RBAa5MQ1AB0RW SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/AMBER Warehouse: MIAM Vin #: (2) REAR FACING LOWER BUMPER 22 Y 9.004.5000PMP2WDG15Ba5MQ1AB0RX SOI MPOWER 4" 15 DEGREE WEDGE BLACK Warehouse: MIAM Vin #: (2) REAR FACING LOWER BUMPER 22 Y 700.00350.0000ENL160Ja5MQ1AB168 SOI 60" NLINE RUNNING LIGHT RED/BLUE Warehouse: MIAM Vin #: 11 Y 126.00126.000060CREGCSa5MQ1AB169 WEC 6" ROUND 12-DIODE RED/WHITE DOME LIGHT Warehouse: MIAM Vin #: (1) REAR HATCH DOOR 12/17/19 05:00:24 PM 5Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AB169 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 560.00560.00007170-0734-04a5MQ1AB1BF GJ 2020 FORD PIUT CONSOLE PACKAGE Warehouse: MIAM Vin #: PACKAGE INCLUDES CONSOLE, DUAL CUPHOLDER, FLIP-UP ARMREST, MONGOOSE MOTION ATTACHMENT, AND THE FOLLOWING EQUIPMENT MOUNTING BRACKETS: 1- 7160-0339 (SIREN) 1- 3130-0361(3 CIG. PLATE) 1) 1) ALSO INCLUDES ANY BLANK FILLER PANELS NECESSARY TO COMPLETE THE INSTALLATION. **************************************************** **************************************************** 22 Y 24.0012.00007160-0063a5MQ1AB1G9 GJ 12V OUTLET RECEPTACLE ONLY Warehouse: MIAM Vin #: FITS IN STANDARD12 V OUTLET RECEPTACLE KNOCKOUT IN PANEL OR CONSOLE. ************************************************************ **** 11 Y 405.00405.00007160-0595-00a5MQ1ARBCE GJ Thin Docking Station Warehouse: MIAM Vin #: 12/17/19 05:00:24 PM 6Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1ARBCE 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 815.00815.0000TK0254ITU20a5MQ1AB1WB SMC CARGO BX W/OPEN TOP TRAY & SLIDING BASE W/KEY LOCK Warehouse: MIAM Vin #: 2020 PI UTILITY TOA TRAY OPEN TOP WITH ANCHOR POINTS BSK BASE SLIDING WITH KEY LOCK 11 Y 56.0056.0000TF2234ITU20a5MQ1AB213 SMC CARGO BOX FREESTANDING BRACKET KIT Warehouse: MIAM Vin #: VEHICLE --- 2020+ FORD PIUT ******************************* 11 Y 585.00585.0000LOFT-PIU20-GVa5MQ1AU6SD LUND 2020 FORD PIUT LOFT GUN VAULT MNT, AR15 Warehouse: MIAM Vin #: LOFT-GV is designed for AR-15/M-4 Rifles equipped with standard collapsible stocks. 11 Y 115.00115.0000LOFT-PIU20-NPKITa5MQ1B03Y7 LUND 2020+ PIUT LOFT NON-PARTITION MOUNT KIT Warehouse: MIAM Vin #: 11 Y 65.0065.0000THMS800-PPIa5MQ1AB2AN THOR 800 WATT 12VDC MODIFIED SINE WAVE INVERTER Warehouse: MIAM Vin #: 12/17/19 05:00:24 PM 7Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AB2AN 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 90.0090.0000ML150LR-1019a5MQ1AB2O3 MAG LED RECHARGEABLE FLASHLIGHT, A/C & DC ADAPTERS Warehouse: MIAM Vin #: 11 Y 125.00125.0000SHOP-MIAMIa5MQ1AB2OJ 100 AMP RESETTABLE BREAKER, 6 GANG FUSE PANEL Warehouse: MIAM Vin #: (2) EXTENSION CABLE FOR POWER INVERTER AND TERMINAL BOXES. TERMINAL BOXES TO BE MOUNTED ON FRONT CONSOLE. 12/17/19 05:00:24 PM 8Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AB2OJ 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 N 2,400.002,400.0000INSTALLa5MQ1AB2OK DSS INSTALLATION OF EQUIPMENT Warehouse: MIAM Vin #: INSTALLATION BY EVT CERTIFY INSTALLERS. INSTALL INCLUDES ALL ABOVE EQUIPMENT PLUS THE BELOW ITEMS THAT THE CUSTOMER WILL PROVIDE PRIOR BEGINNING OF VEHICLE BUILD, * STALKER RADAR W/ 2 ANTENNAS LABOR RATE AS PER MIAMI CONTRACT @ $60.00PER HOUR LABOR HOURS PER VEHICLE: 40.0 INSTALL OF EMERGENCY EQUIPMENT TO INCLUDE THE FOLLOWING BLUEPRINT OPTIONS FOR OFFICER SAFETY, * ADDITIONAL BRAKE LIGHTS VIA EMERGENCY LIGHTS * ADDITIONAL BACK-UP/ REVERSE LIGHT VIA EMERGENCY LIGHTS * LOW POWER FEATURE TO DECREASE LIGHT INTENSITY FOR TRAILING OFFICER * FULL VEHICLE CRUISE MODE (FOR NON AGGREVISE POLICE PRESENCE) * 360 DEGRESS WHITE LIGHTING (FOR ILLUMINATING SCENES) * WALL OF WHITE FEATURE ON TAKE DOWNS(FOR OFFICER SAFETY DURING TRAFFIC STOP) * ANTI-THEFT IGNITION SWITCH (PREVENTS VEHICLE FROM BEING STOLEN WHEN RUNNING AND UNOCCUPIED) * INTERSECTION DRIVER AWARENESS(TO ALERT DRIVERS DURING EMERGENCY RESPONDS) * SIREN SHUT OFF (DEACTIVATES SIREN SOUND WHEN VEHICLE PUT IN PARK) * CONTROL MODULE DEACTIVATION(CUTS LIGHT BAR CORNERS 12/17/19 05:00:24 PM 9Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ1AB2OK 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 314512-A NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT TRAFFIC 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com WHEN DOORS ARE OPEN) * REAR ARROW DEACTIVATION(WHEN RUNNING CODE, ARROW DEACTIVATES FOR OFFICER SAFETY) * STEERING WHEEL CONTROL( ALLOWS FOR STEERING WHEEL AUX BUTTONS TO OPERATE WITH SIREN)(REQUIERS FORD REMAPPABLE SWITCHES OPTION61R OR 61S ) ** 2020 PI UTILITY, TRAFFIC -BLUEPRINT *** Approved By: Approve All Items & Quantities Quote Good for 30 Days 12/17/19 05:00:24 PM 10Page No. Print Time Print Date Printed By: EDWIN SALGADO Order Total Freight Subtotal 11,099.00 0.00 11,099.00 a5MQ1AB2OK October 29, 2019 Village of North Palm Beach Susanne Hachigian K8A 2020 Ford Interceptor Utility 99B 3.3L V6 Direct-Injection (FFV) Engine 44U 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51T Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 76R Reverse Sensing 52T Class III Trailer Tow Lighting Package 76P Pre-Collision Assist w/Pedestrian Detection Factory Rear View Camera Factory Invoice $38,540.63 Government Price Concession Discount $2,600.00 4.06% Contract Discount $1,459.19 $0.00 $0.00 $0.00 TOTAL PURCHASE AMOUNT PER UNIT $34,481.44 Pricing in accordance with the Charlotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 265.00265.0000ENGCC01243a5MQ0L7RYR SOI BLUEPRINT 3 CENTRAL CONTROLLER Warehouse: MIAM Vin #: 11 Y 118.00118.0000ENGCP18001a58A0S09FR SOI BLUEPRINT CONTROL PANEL W/ BAIL BRACKET Warehouse: MIAM Vin #: 11 Y 26.0026.0000ENGHNK01a58A0S09LE SOI BLUEPRINT CENTRAL CONTROLLER HARNESS KIT Warehouse: MIAM Vin #: 11 Y 190.00190.0000ENGLNK002a58A0S09Q6 SOI BLUEPRINT LINK FOR 15-18 F-150, 16-18 PIUT Warehouse: MIAM Vin #: 33 Y 375.00125.0000ENGND04101a58A0S09UY SOI REMOTE NODE Warehouse: MIAM Vin #: 33 Y 81.0027.0000ENGHNK02a58A0S09ZA SOI BLUEPRINT REMOTE NODE HARNESS KIT Warehouse: MIAM Vin #: 11 Y 278.00278.0000ENGSA07152a58A0S0A42 SOI BLUEPRINT 200 WATT DUAL TONE SIREN AMP Warehouse: MIAM Vin #: 12/17/19 05:43:24 PM 1Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0A42 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 278.00139.0000ETSS100Na58A0S0A8E SOI 100W SPEAKER WITH UNIVERSAL BRACKET Warehouse: MIAM Vin #: SPEAKER TO BE MOUNTED BEHIND GRILL 22 Y 0.000.0000ETSSVBK01a5MQ157V24 SOI 2020 FORD PIUT SPEAKER BUMPER MNT BRACKET Warehouse: MIAM Vin #: 11 Y 760.00760.0000ENFWBF(12)a5NG11Y4KH SOI 8-HEAD 12 LED DUAL COLOR INTERIOR LIGHT BAR Warehouse: MIAM Vin #: Ford Explorer/PI Utility (2020) Split Front (DRV) |D12||D12||D12||D12||D12||D12||D12||D12| (PAS) |R_W||R_W||R_W||R_W||B_W||B_W||B_W||B_W| Accessories: PNFLBSPLT1 DSC w/ Breakout Box (Included) EOS: QE053641 11 Y 1,010.001,010.0000EMPAK-8-TRIOa5MQ17L3W9 SOI MPOWER ARROW KIT, 8 MOD 18 LED TRIO LIGHTS Warehouse: MIAM Vin #: Ford Explorer/PI Utility (2020) 8 Mod Split Rear (DRV) |T18||T18||T18||T18| |T18||T18||T18||T18| (PAS) |RBW||RBW||RBW||RBW|X X|RBW||RBW||RBW||RBW| Accessories: PNFLBSPLT1 DSC w/ Breakout Box (Included) EOS: QE053641 12/17/19 05:43:24 PM 2Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ17L3W9 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 116.0058.0000ELUC3H010Ja5MQ15A4JD SOI UNIV UNDERCOVER LED INSERT, 5 WIRE RED/BLUE Warehouse: MIAM Vin #: (2) FRONT CORNER LED'S 44 Y 232.0058.0000ELUC3H010Ea58A0S0ADN SOI UNIV UNDERCOVER LED INSERT, 5 WIRE BLUE/WHITE Warehouse: MIAM Vin #: (4) REAR CORNER LED'S 22 Y 256.00128.0000ENT3B3RBWa58A0S0AHJ SOI INTERSECTOR 18-LED SFC MNT,BLK HSG RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) UNDER SIDE VIEW MIRROR 11 Y 12.0012.0000PMP2BKUMB3-Da5MQ16MWWP SOI 2020 PIUT UNDER MIRROR MNT BRACKET, DRIVER Warehouse: MIAM Vin #: 11 Y 12.0012.0000PMP2BKUMB3-Pa5MQ16MWIT SOI 2020 PIUT UNDER MIRROR MNT BRAKET, PASSENGER Warehouse: MIAM Vin #: 22 Y 190.0095.0000EMPS2QMS5RBWa58A0S0ALW SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) FRONT FACING ON SIDE VIEW MIRROR, AT 45° ANGLE 12/17/19 05:43:24 PM 3Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0ALW 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 9.004.5000PMP2WDG05Ba58A0S0AMA SOI MPOWER 4" 5 DEGREE WEDGE BLACK Warehouse: MIAM Vin #: (2) FRONT FACING ON SIDE VIEW MIRROR, AT 45° ANGLE BRACKETS 66 Y 570.0095.0000EMPS2STS5RBWa58A0S0AQ7 SOI MPOWER FASCIA 4"18-LED STUD MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) FRONT FOG LIGHT AREA (2) REAR SIDE DOORS (2) REAR LIC. PLATE 22 Y 11.005.5000PMP2BKDGAJa58A0S0AUJ SOI mPOWER 90 DEGREE MOUNTING BRACKET, BLACK Warehouse: MIAM Vin #: (2) REAR SIDE DOORS BRACKETS 11 Y 18.0018.0000PMP2BRK2LPVa58A0S0AYX SOI MPOWER FASCIA VERT. LIC PLATE BRACKET Warehouse: MIAM Vin #: (1) REAR LIC. PLATE BRACKET 22 Y 164.0082.0000EMPS1QMS4RBAa58A0S0B43 SOI MPOWER FASCIA 3" 12-LED QUICK MNT RED/BLUE/AMBER Warehouse: MIAM Vin #: (2) UNDER REAR HATCH DOOR 12/17/19 05:43:24 PM 4Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0B43 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 22 Y 376.00188.0000ENFDGS3EDa58A0S0B80 SOI DUAL NFORCE DECK/GRILL 12 LED LT B/W-R/W Warehouse: MIAM Vin #: (2) REAR CARGO SIDE WINDOWS 22 Y 190.0095.0000EMPS2QMS5RBWa5MQ18N0NK SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/WHITE Warehouse: MIAM Vin #: (2) REAR LOWER QUARTER PANEL 22 Y 190.0095.0000EMPS2QMS5RBAa5MQ18MCCS SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/AMBER Warehouse: MIAM Vin #: (2) REAR FACING LOWER BUMPER 22 Y 9.004.5000PMP2WDG15Ba5MQ18MBVV SOI MPOWER 4" 15 DEGREE WEDGE BLACK Warehouse: MIAM Vin #: (2) REAR FACING LOWER BUMPER 22 Y 700.00350.0000ENL160Ja5MQ18QS9U SOI 60" NLINE RUNNING LIGHT RED/BLUE Warehouse: MIAM Vin #: 11 Y 126.00126.000060CREGCSa58A0S0BSU WEC 6" ROUND 12-DIODE RED/WHITE DOME LIGHT Warehouse: MIAM Vin #: (1) REAR HATCH DOOR 12/17/19 05:43:24 PM 5Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0BSU 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 560.00560.00007170-0734-04a5MQ193VYH GJ 2020 FORD PIUT CONSOLE PACKAGE Warehouse: MIAM Vin #: PACKAGE INCLUDES CONSOLE, DUAL CUPHOLDER, FLIP-UP ARMREST, MONGOOSE MOTION ATTACHMENT, AND THE FOLLOWING EQUIPMENT MOUNTING BRACKETS: 1- 7160-0339 (SIREN) 1- 3130-0361(3 CIG. PLATE) 1) 1) ALSO INCLUDES ANY BLANK FILLER PANELS NECESSARY TO COMPLETE THE INSTALLATION. **************************************************** **************************************************** 22 Y 24.0012.00007160-0063a58A0S0BX6 GJ 12V OUTLET RECEPTACLE ONLY Warehouse: MIAM Vin #: FITS IN STANDARD12 V OUTLET RECEPTACLE KNOCKOUT IN PANEL OR CONSOLE. ************************************************************ **** 12/17/19 05:43:24 PM 6Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0BX6 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 175.00175.00007160-0250a58A0S0C1I GJ NOTEPAD V UNIVERSAL COMPUTER CRADLE Warehouse: MIAM Vin #: WILL ADJUST FOR COMPUTERS WITH THE FOLLOWING: WIDTH - 10.62TO 16.5 INCHES THICKNESS - UP TO1.50INCHES DEPTH - 9.00 TO 12.38INCHES ************************************************* REPLACES NP-NOTEPAD4-XL ************************************************* 11 Y 320.00320.0000GK10301S1UHKSSCAXLa58A0S0CU5 SMC DUAL T-RAIL WEAPON MOUNT, 1 SMALL & 1 UNIV. XL Warehouse: MIAM Vin #: ** Dual T-Rail Mount 1 Small, 1 Universal XL, Handcuff Key Override ** 11 Y 175.00175.0000GF1092ITU20a5MQ19E6K6 SMC FREESTANDING GUNLOCK MOUNTING BASE - PIUT Warehouse: MIAM Vin #: 11 Y 815.00815.0000TK0254ITU20a5MQ19J5YP SMC CARGO BX W/OPEN TOP TRAY & SLIDING BASE W/KEY LOCK Warehouse: MIAM Vin #: 2020 PI UTILITY TOA TRAY OPEN TOP WITH ANCHOR POINTS BSK BASE SLIDING WITH KEY LOCK 12/17/19 05:43:24 PM 7Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a5MQ19J5YP 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 Y 56.0056.0000TF2234ITU20a5MQ19N7O0 SMC CARGO BOX FREESTANDING BRACKET KIT Warehouse: MIAM Vin #: VEHICLE --- 2020+ FORD PIUT ******************************* 11 Y 985.00985.0000BK2168ITU20a5MQ19QCS9 SMC PB450L With SOUNDOFF SIGNAL MPOWER Warehouse: MIAM Vin #: 2020 PI UTILITY ** CUSTOM PUSH BUMPER W/ 4 MPOWER LED LIGHTS, * (2) FRONT FACING TRIO ENFORCE LIGHTS * (2) SIDE @ 45° ANGLE TRIO ENFORCE LIGHTS, (4) LIGHT_SO_STMPS2STS5RBW RED/BLUE/WHITE 11 Y 65.0065.0000THMS800-PPIa5MQ19TP82 THOR 800 WATT 12VDC MODIFIED SINE WAVE INVERTER Warehouse: MIAM Vin #: 11 Y 90.0090.0000ML150LR-1019a5MQ1A2BTP MAG LED RECHARGEABLE FLASHLIGHT, A/C & DC ADAPTERS Warehouse: MIAM Vin #: 11 Y 125.00125.0000SHOP-MIAMIa58A0S0E8I 100 AMP RESETTABLE BREAKER, 6 GANG FUSE PANEL Warehouse: MIAM Vin #: (2) EXTENSION CABLE FOR POWER INVERTER AND TERMINAL BOXES. TERMINAL BOXES TO BE MOUNTED ON FRONT CONSOLE. 12/17/19 05:43:24 PM 8Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0E8I 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com 11 N 2,400.002,400.0000INSTALLa58A0S0EDA DSS INSTALLATION OF EQUIPMENT Warehouse: MIAM Vin #: INSTALLATION BY EVT CERTIFY INSTALLERS. INSTALL INCLUDES ALL ABOVE EQUIPMENT PLUS THE BELOW ITEMS THAT THE CUSTOMER WILL PROVIDE PRIOR BEGINNING OF VEHICLE BUILD, * STALKER RADAR W/ 2 ANTENNAS LABOR RATE AS PER MIAMI CONTRACT @ $60.00PER HOUR LABOR HOURS PER VEHICLE: 40.0 INSTALL OF EMERGENCY EQUIPMENT TO INCLUDE THE FOLLOWING BLUEPRINT OPTIONS FOR OFFICER SAFETY, * ADDITIONAL BRAKE LIGHTS VIA EMERGENCY LIGHTS * ADDITIONAL BACK-UP/ REVERSE LIGHT VIA EMERGENCY LIGHTS * LOW POWER FEATURE TO DECREASE LIGHT INTENSITY FOR TRAILING OFFICER * FULL VEHICLE CRUISE MODE (FOR NON AGGREVISE POLICE PRESENCE) * 360 DEGRESS WHITE LIGHTING (FOR ILLUMINATING SCENES) * WALL OF WHITE FEATURE ON TAKE DOWNS(FOR OFFICER SAFETY DURING TRAFFIC STOP) * ANTI-THEFT IGNITION SWITCH (PREVENTS VEHICLE FROM BEING STOLEN WHEN RUNNING AND UNOCCUPIED) * INTERSECTION DRIVER AWARENESS(TO ALERT DRIVERS DURING EMERGENCY RESPONDS) * SIREN SHUT OFF (DEACTIVATES SIREN SOUND WHEN VEHICLE PUT IN PARK) * CONTROL MODULE DEACTIVATION(CUTS LIGHT BAR CORNERS 12/17/19 05:43:24 PM 9Page No. Print Time Print Date Printed By: EDWIN SALGADO Continued on Next Page a58A0S0EDA 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC27407 NORTH PALM BEACH POLICE DEPT 560 US HIGHWAY1 NORTH PALM BEACH, FL 33408 NORTH PALM BEACH POLICE DEPT 560US HIGHWAY1 NORTH PALM BEACH, FL 33408 Sales Quote 249061-D NPBPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone:Telephone: Contact: 561-848-2525 GEORGE HACHIGIAN 561-848-2525 GEORGE HACHIGIAN Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GROUND FOB Entered By Resale NumberOrdered BySalesperson HATCHEDWIN SALGADO-MiamiEDWIN SALGADO Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity 2020 PIUT SUPERVISOR 85-8012646341C-6 Quote Date 11/21/19 E-mail:E-mail:ghachigian@village-npb.com ghachigian@village-npb.com WHEN DOORS ARE OPEN) * REAR ARROW DEACTIVATION(WHEN RUNNING CODE, ARROW DEACTIVATES FOR OFFICER SAFETY) * STEERING WHEEL CONTROL( ALLOWS FOR STEERING WHEEL AUX BUTTONS TO OPERATE WITH SIREN)(REQUIERS FORD REMAPPABLE SWITCHES OPTION61R OR 61S ) ** 2020 PI UTILITY, SUPERVISOR -BLUEPRINT *** Approved By: Approve All Items & Quantities Quote Good for 30 Days 12/17/19 05:43:24 PM 10Page No. Print Time Print Date Printed By: EDWIN SALGADO Order Total Freight Subtotal 12,352.00 0.00 12,352.00 a58A0S0EDA City of Tampa Lightbars & Accessories With Installation, Spec 2-18 Valid November 16, 2017 - November 15, 2018 with Two One-Year Extensions Contract Discounts From List By Manufacturer Manufacturer Discount from List Whelen Engineering 46% Sound Off Signal 40% Code-3 Lighting Systems 40% Brooking Industries 30% Able 2 / Sho-Me 35% Star Lighting 20% Setina Manufacturing 25% Setina Lighted Push Bumpers 20% Setina “Blac Rac” Gun Locks 20% Pro-Gard Products 25% Gamber Johnson 30% Havis Shields Consoles / K9 Systems 35% Santa Cruz Gun Locks 20% Big Sky Gun Racks 20% Go Rhino!20% Jotto Desk 20% Laguna Seating Systems 20% Streamlight Lighting Systems 30% Maglite Lighting 30% Thor Inverters 5% Truck Vault Cargo Boxes 5% Decatur Radar 5% Apollo Video 5% Ray Allen K9 Systems 5% Ace K9 Systems 5% Genetec ALPR Systems 5% Labor / Installation Services $75/Hour November 28, 2017 Re: Tampa Contract 2-18 “Lightbars and Accessories with Installation To Whom It May Concern, Receipt of this packet constitutes authorization from Dana Safety Supply to utilize the manufacturer discounts and contract labor rate contained in the City of Tampa “Lightbars and Accessories with Installation, Spec 2-18” contract. Agencies wishing to participate can work with Dana Safety Supply personnel to develop a custom speciﬁed build, or builds, utilizing the attached discount list. Your customized package will be quoted per contract guidelines and presented along with current list pricing for each line item. The approved quote, paired with the attached document complete with Bid Response, Intent to Award, City Council Resolution, and Award Letter, should allow purchase under contract. Please feel free to contact me, or your assigned Dana Safety Representative with any questions, we will be happy to assist in your process. Thank you for the opportunity to work with you on your pending vehicle equipment purchase. Respectfully, Thomas Sabo General Manager Dana Safety Supply, Tampa / Ft. Myers tsabo@danasafetysupply.com 813-361-8004 (Cell) VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result : Department : Organizational Excellence Police Project Name : Year(s) :2020 - 2024 Fleet Replacement Lease Program Project Description : Type 2020 2021 2022 2023 2024 Total Marked 2 2 2 3 2 11 Unmarked 1 1 1 1 3 7 K-9 1 1 Total 3 3 4 4 5 19 Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Replacing current vehicle inventory allows for safe operation of police vehicles and response to calls for service. Officers are placed in situations where police vehicles and various operating systems of vehicle are stressed. This is due to the need to respond to emergency scenes while maintaining operation for many hours during the day. These limits are jeopardized when officers are performing these functions in older vehicles that have incurred over 100,000 miles. The propensity is for these vehicles to wear rapidly and require repairs that are more often in frequency and more expensive. Replacement of the vehicles will reduce the additional costs associated to repair and the man hours for the repairs. The Village inventory of Police vehicles funded by the general fund consists of 31 vehicles (Marked and unmarked sedans and SUV's, Pick-up trucks and crime scene van). The CIP allocation process for vehicle replacement included a review by a newly formed vehicle committee which helped to identify and prioritize vehicle needs. The three criteria that are considered when establishing the replacement schedule are mileage, age and maintenance. The vehicle committee reviewed and identified the schedule in which Village vehicles need to be replaced. The goal is to continue to maintain our vehicles to ensure employee safety as well as improved efficient. The replacement schedule for vehicles varies by department and usage. This project is intended to replace the following vehicles over the next five years: VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result : Department : Organizational Excellence Public Works Project Name : Year(s) :2020 Bucket Truck Replacement Lease Project Description : Type 2020 2021 2022 2023 2024 Total Bucket Truck 1 1 Total 1 1 Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : The three criteria that are considered when establishing the replacement schedule are mileage, age and maintenance. The vehicle committee reviewed and identified the schedule in which Village vehicles need to be replaced. The goal is to continue to maintain our vehicles to ensure employee safety as well as improved efficient. The replacement schedule for vehicles varies by department and usage. Replacement of an existing vehicle By maintaining a modern, up to date fleet, the residents of North Palm Beach can be assured that all Village services are being delivered at the highest quality service available. This project is intended to replace the following vehicles over the next five years: VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result : Department : Organizational Excellence Public Works Project Name : Year(s) :2020 - 2024 Fleet Replacement Lease Program Project Description : This project is intended to replace the following vehicles over the next five years: Type 2020 2021 2022 2023 2024 Total Dump Bed Truck 0 Truck 1 1 3 5 Service Van 0 SUV 1 1 Service Body Truck 0 Total 1020 3 6 Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : The three criteria that are considered when establishing the replacement schedule are mileage, age and maintenance. The vehicle committee reviewed and identified the schedule in which Village vehicles need to be replaced. The goal is to continue to maintain our vehicles to ensure employee safety as well as improved efficient. The replacement schedule for vehicles varies by department and usage. All vehicles in this plan replace existing vehicles; no additional vehicles are part of this plan. By maintaining a modern, up to date fleet, the residents of North Palm Beach can be assured that all Village services are being delivered at the highest quality service available. MASTER EQUIPMENT LEASE PURCHASE AGREEMENT This Master Equipment Lease Purchase Agreement dated as of Master Date (“Agreement”) and entered into between Pinnacle Public Finance, Inc., a Delaware corporation ("Lessor"), and Sample Lessee, a body corporate and politic existing under the laws of the State of Sample State ("Lessee"). 1. Agreement. Lessee agrees to lease from Lessor certain “Equipment” as described in each Equipment Schedule (Exhibit A), which together with a Rental Payment Schedule (Exhibit A- 1) constitute a “Schedule”, subject to the terms and conditions of and for the purposes set forth in each Lease. Items of equipment may be added to the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein. Each Schedule and the terms and provisions of this Agreement (which includes all exhibits hereto, together with any amendments and modifications pursuant thereto) which are incorporated by reference into such Schedule shall constitute a separate and independent lease and installment purchase of the Equipment therein described and are referred to herein as a “Lease”. 2. Term. The “Commencement Date” for each Lease is the date when interest commences to accrue under such Lease which date shall be the earlier of (i) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 12, or (ii) the date on which sufficient monies to purchase the Equipment listed in such Lease are deposited for that purpose with an escrow agent, or (iii) the date sufficient monies are set aside for acquisition of Equipment as evidenced by Exhibit D, if applicable. The “Lease Term” for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated. The “Original Term” means the period from the Commencement Date for each Lease until the end of Lessee’s fiscal year or biennium (as the case may be) (the “Fiscal Period”) in effect at such Commencement Date. The “Renewal Term” for each Lease is each term having a duration that is coextensive with the Fiscal Period. 3. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority under the constitution and laws of the state where the Lessee is located (“State”) to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease; (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called and held in accordance with State law, or by other appropriate official approval, and all requirements have been met and procedures have occurred to ensure the validity and enforceability of this Agreement and each Lease; (c) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic; (d) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease; (e) during the Lease Term, the Equipment will be used by Lessee solely and exclusively for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority; (f) Lessee will annually provide Lessor with current financial statements, budgets, proof of appropriation for the ensuing Fiscal Period, and such other financial information relating to the ability of Lessee to continue each Lease as may be requested by Lessor; and (g) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. 4. Tax and Arbitrage Representations. Lessee hereby represents as follows: (a) the estimated total costs of the Equipment listed in each Schedule will not be less than the total principal portion of the Rental Payments listed in such Rental Payment Schedule; (b) the Equipment listed in each Schedule has been ordered or is expected to be ordered within 6 months of the Commencement Date, and all amounts deposited in escrow to pay for the Equipment, and interest earnings, will be expended on costs of the Equipment and the financing within 3 years of Commencement Date; (c) no proceeds of any Lease will be used to reimburse Lessee for expenditures made more than 60 days prior to the Commencement Date or, if earlier, more than 60 days prior to any official action taken to evidence an intent to finance; (d) Lessee has not created or established, and does not expect to create or establish, any sinking fund or similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments; (e) the Equipment listed in each Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in part, prior to the last maturity of Rental Payments; (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (“Code”), including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross income for purposes of federal income taxation; and (g) Lessee intends that each Lease not constitute a “true” lease for federal income tax purposes. 5. Event of Taxability. Upon the occurrence of an Event of Taxability, as herein defined, with respect to a Lease, the interest component of the Rental Payments under such Lease and any charge on Rental Payments or other amounts payable based on the Coupon Rate shall accrue and be payable at the Taxable Rate applicable to such Lease retroactive to the date as of which the interest component is determined to be includible in the gross income of the Lessor for federal income tax purposes, and Lessee shall pay such additional amount as will result in the Lessor receiving the interest component at the Taxable Rate identified in the related Lease. The “Coupon Rate” and “Taxable Rate” for such lease are the rates set forth in such Lease’s Rental Payment Schedule. For purposes of this Section, "Event of Taxability" means either (a) the receipt by Lessor or Lessee of notice from a federal court or federal administrative body, including the Internal Revenue Service, that, as a result of any act, omission, or event whatsoever, the interest payable under such Lease is includable for federal income tax purposes in the gross income of the Lessor; or (b) the receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment under such Lease has become includable in the gross income of the Lessor thereof for federal income tax purposes. The Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for federal income tax purposes. 6. Lease of Equipment. Upon the execution of each Lease, Lessor demises, leases, transfers, and lets to Lessee, and Lessee acquires, rents, leases and hires from Lessor, the Equipment in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term the Lease Term shall be automatically extended upon the successive appropriation by Lessee’s governing body of amounts sufficient to pay Rental Payments and other amounts payable under the related Lease during the next succeeding Fiscal Period until all Rental Payments payable under such Lease have been paid in full, unless Lessee shall have terminated such Lease pursuant to Section 8 or Section 23. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. 7. Continuation of Lease Term. Lessee currently intends, subject to Section 8, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the maximum Lease Term of each Lease can be obtained. Lessee currently intends to do all things lawfully within its power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds or to extend the applicable Schedule for any Renewal Term is within the discretion of the governing body of Lessee. 8. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 30 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor. 9. Conditions to Lessor's Performance. This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Lessee understands that Lessor requires certain documentation and information necessary to enter into any Lease and Lessee agrees to provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. 10. Rental Payments. Lessee shall promptly pay “Rental Payments” as described in Exhibit A-1 to each Lease, exclusively from legally available funds, to Lessor on the dates and in such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at the rate of 12% per annum or the maximum rate permitted by law, whichever is less, from such date until paid. Rental Payments consist of principal and interest portions. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds or monies of Lessee. 11. RENTAL PAYMENTS TO BE UNCONDITIONAL. EXCEPT AS PROVIDED IN SECTION 8, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED IN EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY FAILURE OF THE EQUIPMENT TO BE DELIVERED OR INSTALLED, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE EQUIPMENT OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. 12. Delivery; Installation; Acceptance. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in each Lease and pay any and all delivery and installation costs in connection therewith. When the Equipment listed in any Lease has been delivered and installed, Lessee shall immediately accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate (Exhibit B). Lessor shall provide Lessee with quiet use and enjoyment of the Equipment during the Lease Term. 13. Location; Inspection. Once installed, no item of the Equipment will be moved from the location specified for it in the Lease on which such item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. 14. Use; Maintenance. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body. Lessee agrees that it will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair and working order. Lessee will enter into a maintenance contract for the Equipment that is acceptable to Lessor. 15. Title. Upon acceptance of the Equipment under a Lease by Lessee, title to the Equipment shall vest in Lessee subject to Lessor's rights under the Lease; provided that title shall thereafter immediately and without any action by Lessee vest in Lessor, and Lessee shall immediately surrender possession of the Equipment to Lessor, upon (a) any termination of the applicable Lease other than termination pursuant to Section 23 or (b) the occurrence of an Event of Default. Transfer of title to Lessor pursuant to this Section shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. 16. Security Interest. To secure the payment of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security interest constituting a first and exclusive lien on the Equipment applicable to such Lease and on all proceeds therefrom. Lessee agrees to execute such additional documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated. 17. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens and encumbrances except those created by each Lease. The parties to this Agreement contemplate that the Equipment will be used for governmental or proprietary purposes of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due. 18. Insurance. At its own expense, Lessee shall during each Lease Term maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable “Purchase Price” of the Equipment as described in Exhibit A-1 of each Lease; (b) liability insurance that protects Lessee from liability in all events in form and amount satisfactory to Lessor; and (c) workers’ compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses (a) and (b). Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout each Lease Term. Lessee shall not materially modify or cancel such insurance or self-insurance coverage without first giving written notice thereof to Lessor at least 10 days in advance of such cancellation or modification. All such insurance described in clauses (a) and (b) above shall contain a provision naming Lessor as a loss payee and additional insured. 19. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee agrees to pay such amounts so advanced by Lessor with interest thereon from the advance date until paid at the rate of 12% per annum or the maximum rate permitted by law, whichever is less. 20. Damage, Destruction and Condemnation. If (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment to substantially the same condition as existed prior to the event causing such damage, destruction, or condemnation, unless Lessee shall have exercised its option to purchase the Equipment pursuant to Section 23. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of this Section, the term "Net Proceeds" shall mean (y) the amount of insurance proceeds received by Lessee for replacing, repairing, restoring, modifying, or improving damaged or destroyed Equipment, or (z) the amount remaining from the gross proceeds of any condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. If the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement referred to herein, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pursuant to Sectio n 23 purchase Lessor's interest in the Equipment and in any other Equipment listed in the same Lease. The amount of the Net Proceeds, if any, remaining after completing such replacement, repair, restoration, modification or improvement or after purchasing Lessor's interest in the Equipment and such other Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 10. 21. DISCLAIMER OF WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO WHETHER EXPRESS OR IMPLIED, AND LESSEE ACCEPTS SUCH EQUIPMENT AS IS AND WITH ALL FAULTS. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF ANY LEASE OR THE EXISTENCE, FURNISHING, FUNCTIONING OR LESSEE'S USE OF ANY ITEM, PRODUCT OR SERVICE PROVIDED FOR IN ANY LEASE. 22. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee as its agent and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the related Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. The term “Vendor” means any supplier or manufacturer of the Equipment as well as the agents or dealers of the manufacturer or supplier from whom Lessor purchased or is purchasing such Equipment. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights or obligations of Lessor with respect to any Lease, including the right to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties by Vendor of the Equipment. 23. Purchase Option. Lessee shall have the option to purchase Lessor's interest in all of the Equipment listed in any Lease, upon giving written notice to Lessor at least 60 days before the date of purchase, at the following times and upon the following terms: (a) on the Rental Payment dates specified in each Lease, upon payment in full of the Rental Payments then due under such Lease plus the then applicable Purchase Price as referenced in Exhibit A-1; or (b) in the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the purchase option upon payment in full to Lessor of the Rental Payments then due under such Lease plus the then applicable Purchase Price plus accrued interest from the immediately preceding Rental Payment date to such purchase date. 24. Assignment. Lessor's right, title and interest in and to each Lease, including Rental Payments and any other amounts payable by Lessee thereunder and all proceeds therefrom, may be assigned and reassigned to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any such assignment shall not be effective until (a) Lessee has received written notice, signed by the assignor, of the name and address of the assignee, and (b) it is registered on the registration books. Lessee shall retain all such notices as a register of all assignees in compliance with Section 149(a) of the Code, and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents that may be reasonably requested by Lessor or any assignee to protect its interests and property assigned pursuant to this Section. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or Vendor. Assignments may include without limitation assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment. Lessee hereby agrees that Lessor may, without notice to Lessee, sell, dispose of, or assign this Agreement or any particular Lease or Leases through a pool, trust, limited partnership, or other similar entity, whereby one or more interests are created in this Agreement or in a Lease or Leases, or in the Equipment listed in or the Rental Payments under a particular Lease or Leases. None of Lessee's right, title and interest in, to and under any Lease or any portion of the Equipment listed in each Lease may be assigned, subleased, or encumbered by Lessee for any reason without obtaining prior written consent of Lessor. 25. Events of Default. Any of the following events shall constitute an "Event of Default" under a Lease: (a) failure by Lessee to pay any Rental Payment or other payment required to be paid under a Lease at the time specified therein; (b) failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor; (c) any statement, representation or warranty made by Lessee in or pursuant to any Lease shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; or (d) Lessee institutes any proceedings under any bankruptcy, insolvency, reorganization or similar law or a receiver or similar official is appointed for Lessee or any of its property. 26. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) by written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be immediately due and payable; (b) with or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease of the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer’s and attorney’s fees), subject, however, to the provisions of Section 8 hereof. The exercise of any such remedies in respect of any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and (c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or as a secured party in any or all of the Equipment. Any net proceeds from the exercise of any remedy under a Lease (after deducting all costs and expenses referenced in the Section) shall be applied as follows: (i) if such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment; or (ii) if such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro-rata. 27. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity. 28. Notices. All notices or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties hereto at the addresses listed below (or at such other address as either party hereto shall designate in writing to the other for notices to such party), or to any assignee at its address as it appears on the registration books maintained by Lessee. 29. Release and Indemnification. To the extent permitted by State law, and subject to Section 7, Lessee shall indemnify, release, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim, tax and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith (including, without limitation, attorney’s fees and expenses, penalties connected therewith imposed on interest received) arising out of or as result of (a) entering into any Lease, (b) the ownership of any item of Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment resulting in damage to property or injury to or death to any person, and/or (e) the breach of any covenant or any material representation contained in a Lease. The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under all Leases or the termination of the Lease Term under all Leases for any reason. 30. Miscellaneous Provisions. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. References herein to “Lessor” shall be deemed to include each of its assignees and subsequent assignees from and after the effective date of each assignment as permitted by Section 24. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. Each Lease may be amended by mutual written consent of Lessor and Lessee. Each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. [Signature Page Follows] IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. (LESSOR) (LESSEE) Pinnacle Public Finance, Inc. Sample Lessee 8377 East Hartford Drive, Suite 115 Sample Address Scottsdale, AZ 85255 City, State Zip Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A SCHEDULE OF PROPERTY NO. 1 RE: MASTER EQUIPMENT LEASE PURCHASE AGREEMENT entered into as of Master Date, ("Agreement"), between Pinnacle Public Finance, Inc. ("Lessor") and Sample Lessee ("Lessee"). All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement. To the extent that less than all of the Equipment subject to this Schedule has been installed and accepted by Lessee on or prior to the date hereof, Lessee hereby acknowledges that a portion of the Equipment has not been delivered, installed and accepted by Lessee for purposes of this Lease and Lessor hereby commits to provide funds in an amount sufficient to pay the costs to acquire and install the Equipment. In consideration of the foregoing, Lessee hereby acknowledges and agrees that its obligation to make Rental Payments as set forth in this Schedule is absolute and unconditional as of the date hereof and on each date and in the amounts as set forth in the Rental Payment Schedule, subject to the terms and conditions of the Lease. Ninety five percent of the financing costs are being used to acquire assets that will be capitalized. DESCRIPTION OF EQUIPMENT Quantity Description Model No. Serial No. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement are true and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. Dated: Sample Date Lessor: Pinnacle Public Finance, Inc. Lessee: Sample Lessee Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A-1 RENTAL PAYMENT SCHEDULE RE: Schedule of Property No. ____ dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between Pinnacle Public Finance, Inc., as Lessor, and Sample Lessee, as Lessee. Payment Payment Purchase Outstanding Pmt # Date Amount Interest Principal Price Balance Coupon Rate: Taxable Rate: COMMENCEMENT DATE: Sample Date Sample Lessee Signature: Name/Title: Date: EXHIBIT B PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT FINAL ACCEPTANCE CERTIFICATE Re: Schedule of Property No. 1 dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between Pinnacle Public Finance, Inc., as Lessor, and Sample Lessee, as Lessee. In accordance with the Master Equipment Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (1) All of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 18 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. LESSEE Sample Lessee Signature: Name/Title: Acceptance Date: > OR < PAYMENT REQUEST and PARTIAL ACCEPTANCE CERTIFICATE Pinnacle Public Finance, Inc. is hereby requested to pay the person or entity designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached hereto with respect to the cost of the acquisition of the equipment and has not formed the basis of any prior request for payment. The equipment described below is part or all of the "Equipment" listed in Exhibit A to the Master Equipment Lease Purchase Agreement referenced above. Quantity Serial Number/Description: Amount: Payee: Payee’s Federal ID Number:________________________________ Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the equipment described above has been delivered, installed and accepted on the date hereof; (ii) Lessee has conducted such inspection and/or testing of said equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said equipment for all purposes; (iii) Lessee is currently maintaining the insurance coverage required by Section 18 of the Agreement; (iv) no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. Dated: __________________________________ LESSEE Sample Lessee Signature: Name/Title: PLEASE RETURN PAYMENT REQUEST TO: Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 PLEASE FORWARD TO ATTORNEY Attorney for Sample Lessee, as Lessee Re: Exhibit C, Opinion of Counsel, to Schedule of Property No. 1, dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between Pinnacle Public Finance, Inc., as Lessor, and Sample Lessee, as Lessee. To Whom It May Concern: Attached is our standard Opinion of Counsel. Please review the representations and qualifications, print the letter on your firm letterhead, and execute. Please return either directly to us at 8377 East Hartford Drive, Suite 115, Scottsdale, Arizona 85255 or to the Lessee for delivery to us. If you cannot sign this letter in its current form, please contact Mike Krahenbuhl at 480-419-4812 to discuss any changes prior to making them. Please keep any requested changes to a minimum. Our receipt of an opinion that does not meet our requirements will slow down the funding process. We will not be able to fund the transaction contemplated by the above documents without the representations contained in the attached opinion letter. Thank you for your prompt attention to this matter. We look forward to completing this transaction. Sincerely, Investment Associate Enclosures EXHIBIT C (To be put on Attorney’s Letterhead) Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 Re: Schedule of Property No. 1, dated Sample Date to Master Equipment Lease Purchase Agreement dated as of Master Date between Pinnacle Public Finance, Inc., as Lessor, and Sample Lessee, as Lessee. Ladies and Gentlemen: As legal counsel to Sample Lessee, (the "Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease Purchase Agreement dated as of Master Date and Exhibits thereto by and between Pinnacle Public Finance, Inc. (the "Lessor") and Sample Lessee, (the "Agreement") and an executed counterpart of Schedule of Property No. 1 dated Sample Date by and between Lessor and Lessee (the "Schedule"), which, among other things, provides for the lease with option to purchase to the Lessee of certain property listed in the Schedule (the "Equipment"), (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinion. The Schedule and the terms and provisions of the Agreement incorporated therein by reference together with the Rental Payment Schedule attached to the Schedule are herein referred to collectively as the “Lease”. In rendering this opinion, we have assumed without inquiry: (a) The authenticity of all documents submitted to us as copies of the originals, and the conformity of such copies to the originals as they are finally executed and delivered by Lessee and Lessor; (b) That the Lease has been or will be duly authorized, executed and delivered by Lessor; (c) That the Lease constitutes valid, legal and binding obligations of Lessor enforceable against Lessor in accordance with its terms; and (d) That the Lease accurately describes and contains the mutual understandings of the parties, and that there are not oral or written statements or agreements that modify, amend or vary, or purport to modify, amend or vary, any of the terms thereof. Based on the foregoing, I am of the following opinion: (1) Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, or has a substantial amount of one the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, or (c) police power; (2) The name of the lessee contained in the Lease is the correct legal name of the Lessee; (3) Lessee has the requisite power and authority to lease and acquire the Equipment with an option to purchase and to execute and deliver the Lease and to perform its obligations under the Lease; (4) The Lease has been duly authorized, approved, executed, and delivered by and on behalf of Lessee and the Lease is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, subject to (i) all applicable bankruptcy, reorganization, insolvency, fraudulent conveyance, moratorium and other similar laws; (ii) the qualification that certain waivers, restrictions and remedies provided for in this Lease, including without limitation certain indemnification obligations, may be wholly or partially unenforceable under Sample State law; and (iii) general principles of equity. (5) The authorization, approval, execution, and delivery of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state laws; and (6) To the best of my knowledge, there is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Lease or the security interest of Lessor or its assigns, as the case may be, in the Equipment thereunder. All of the opinions set forth above are also subject to the following qualifications, limitations and exceptions: (a) The opinions expressed herein are limited to matters governed by the laws of the State of Sample State. No opinion is expressed regarding the laws of any other jurisdiction. (b) The opinions expressed herein are based upon the law in effect on the date hereof, and we assume no obligation to revise or supplement them if the law is changed by legislative action, judicial decision or otherwise. All capitalized terms herein shall have the same meanings as in the Lease unless otherwise provided herein. Lessor, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion. Printed Name Signature EXHIBIT D INTERNAL ESCROW LETTER Sample Date Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, Arizona 85255 Re: Schedule of Property No. ___ dated Sample Date to Master Equipment Lease Purchase Agreement dated Master Date (the “Lease”) by and between Sample Lessee and Pinnacle Public Finance, Inc. Ladies and Gentlemen: We, Sample Lessee (“Lessee”), have entered into the above referenced Lease with you, Pinnacle Public Finance, Inc (“Lessor”), for the purpose of financing Equipment (the “Equipment”) in the amount of $______________ (the “Financed Amount”). Lessee hereby requests that Lessor fund to the vendor of such Equipment the amount of $________________ (the “Funded Amount”) and that Lessor retain $_________________ (the “Retained Amount”). Lessee further requests that Lessor hold the Retained Amount in an internal escrow pending Lessor’s receipt of confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee. Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing the internal escrow account. Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor. Sincerely, Sample Lessee Signature: __________________________ Name/Title: __________________________ Date: __________________________ INSURANCE COVERAGE REQUIREMENTS LESSOR: Pinnacle Public Finance, Inc. LESSEE: Sample Lessee Please Reference Control # ____ on Certificate of Insurance 1. In accordance with Section 18 of the Agreement, we have instructed the insurance agent named below: (Please fill in name, address and telephone number). Telephone: ( ) Fax: ( ) Contact: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Pinnacle Public Finance, Inc. and/or its assigns, as Loss Payee. Coverage Required: Full Replacement Value b. Public Liability Insurance evidenced by a Certificate of Insurance naming Pinnacle Public Finance, Inc. and/or its assigns as Additional Insured. Minimum Coverage Required: $2,000,000.00 c. Workers’ compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses. Proof of insurance coverage will be provided prior to the time the Equipment is delivered to us. PLEASE LIST NAME & ADDRESS AS FOLLOWS: Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 LESSEE: Sample Lessee Signature: Name/Title: Date: PAYMENT INSTRUCTIONS Pursuant to the Master Equipment Lease Purchase Agreement dated Master Date (the “Agreement”), Schedule of Property No. 1, dated Sample Date, between Pinnacle Public Finance, Inc. (the “Lessor”) and Sample Lessee (the “Lessee”), Lessee hereby acknowledges the obligations to make Rental Payments promptly when due, in accordance with Exhibit A-1 to the Agreement. LESSEE NAME: __________________________________________________________ TAX ID#: _____________________________ INVOICE MAILING ADDRESS:________________________________________________________________________________________ Mail invoices to the attention of: ______________________________________Phone (____)___________________Fax (___)_______________ Approval of Invoices required by: _____________________________________Phone (____)___________________ Fax (___)_______________ Accounts Payable Contact: ___________________________________________Phone (____)___________________Fax (___)______________ Processing time for Invoices:_____________________________Approval:___________________________Checks:________________________ Do you have a Purchase Order Number that you would like included on the invoice? No _____ Yes _____ PO#_______________________ Do your Purchase order numbers change annually? No_____ Yes_____ Processing time for new purchase orders:_______________________ LESSEE: Sample Lessee Signature: Name/Title: Date: BANK QUALIFIED DESIGNATION Schedule of Property No. 1 dated Sample Date to Master Equipment Lease Purchase Agreement dated Master Date Lessee hereby represents and certifies the following (please check one): Bank Qualified  Lessee has designated, and hereby designates, this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). In making that designation, Lessee hereby certifies and represents that:  As of the date hereof in the current calendar year, neither Lessee nor any other issuer on behalf of Lessee has designated more than $10,000,000 (the statutory limitation through 12/31/2012) of obligations (including this Lease) as “qualified tax-exempt obligations”;  Lessee reasonably anticipates that the total amount of tax-exempt obligations (including this Lease) to be issued by or on behalf of Lessee (or allocated to Lessee) during the current calendar year will not exceed $10,000,000;  The Lease will not be at any time a “private activity bond” as defined in Section 141 of the Code;  The Lease is not subject to control by any entity and there are no entities subject to control by Lessee; and  Not more than $10,000,000 of obligations of any kind (including the Lease) issued by, on behalf of or allocated to Lessee will be designated for purposes of Section 265(b)(3) of the Code during the current calendar year. Non-Bank Qualified  Lessee has not designated this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Code. LESSEE: Sample Lessee Signature: X Printed Name/Title: X Date: X CERTIFICATE OF SIGNATURE AUTHORITY OF LESSEE Sample Date Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 RE: Schedule of Property No. 1 dated Sample Date (“Lease”) to the Master Equipment Lease Purchase Agreement dated Master Date (“Agreement”), by and between Sample Lessee (“Lessee”) and Pinnacle Public Finance, Inc. (“Lessor”). Dear Pinnacle Public Finance, Inc., I, the undersigned, do hereby certify (i) that _____________________________________________________________________ (please print the name and title of the person who signed the lease documents on the line above) the officer of Lessee who executed the foregoing Lease and Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Lease and Agreement on behalf of Lessee, and (ii) that the budget year of Lessee is from __________________ to __________________. Sincerely, Signature: Name/Title: Dated: The Certificate of Signature Authority of Lessee should be executed by an authorized individual confirming the executioner of the remaining documents is authorized. This document cannot be signed by the person signing the lease documents. AMENDMENT NO. 1 TO MASTER EQUIPMENT LEASE PURCHASE AGREEMENT DATED [AGREEMENT DATE] LESSEE: LESSOR: Sample Lessee Pinnacle Public Finance, Inc. Lessee Street Address 8377 E. Hartford Dr., Suite 115 Lessee City, ST ZIP Scottsdale, AZ 85255 Pinnacle Public Finance, Inc. ("Lessor") and Sample Lessee (“Lessee”) hereby enter into this amendment no. 1 ("Amendment"), which modifies the Master Equipment Lease Purchase Agreement ("Agreement") executed between the parties as follows: All capitalized terms not otherwise defined herein will have the meanings set forth in the Agreement. NOW, THEREFORE, in consideration of good and valuable consideration, the parties intending to be legally bound agree as follows: 1. Supplement to Section 9 of the Master Lease. Section 9 of the Master Lease, entitled Rental Payments, is hereby amended by adding the following sentence at the end of the existing section: “Payments will come from sources other than ad valorem taxes.” 2. Deletion to Section 16 of the Master Lease. The text of Section 16 of the Master Lease, entitled Security Interest, is hereby deleted in its entirety and Section 16 is renamed “Reserved.” 3. Amendment to Section 18 of the Master Lease. Section 18 of the Master Lease is hereby amended by deleting any requirement that requires Lessee to name Lessor as an additional insured. 4. Supplement to Section 29 of the Master Lease. Section 29 of the Master Lease is hereby amended by adding the following language to the end thereof: “Nothing in this section shall waive Lessee's sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes, nor shall it create a cause of action in favor of any third party.” 5. Clarification to Section 30 of the Master Lease. Section 30 of the Master Lease is amended, for the avoidance of doubt, by adding “of Florida” to the end of the last sentence. 6. Effective Date. This Amendment is executed as of the [Schedule Date]. 7. Original Master Lease Otherwise to Remain in Full Force and Effect. Except as otherwise expressly provided in this Amendment, the original Master Lease shall remain in full force and effect as original executed and delivered and is ratified by the parties. [Signature page follows] IN WITNESS WHEREOF, the fully authorized representatives of the parties have executed this Amendment as [Schedule Date]. LESSEE: Sample Lessee LESSOR: Pinnacle Public Finance, Inc. By: By: Title: Title: VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Renee Govig, Director of Human Resources DATE: February 13, 2020 SUBJECT: RESOLUTION – Amending the Comprehensive Play Plan adopted as part of the Fiscal Year 2020 Budget to include the position of Deputy Police Chief at Pay Grade 123 and increasing the range for merit increases for Police Captain and Deputy Police Chief. Following Council’s discussion of duties and responsibilities of Police Captain Robert Coliskey at the December 12, 2019 Village Council meeting, Village Staff formally evaluated Captain Coliskey’s essential job functions and determined that these functions have expanded to require him to assume greater responsibility for the overall operation of the Police Department. Based on these findings, Staff recommends that the Village Council add the position of Deputy Police Chief within the Police Department and that Captain Coliskey be promoted into this position. In recognition of the duties and functions of this position, Staff is recommending that the Pay Plan be amended to include the Deputy Police Chief position with Pay Grade 123 ($89,544.00 to $143,270.40). The Deputy Police Chief position should be a higher grade than the Police Captain position, which is currently at Pay Grade 122. No change in current pay is required at this time because Captain Coliskey’s current compensation level is within the range of Pay Grade 123. Staff also proposes that the merit increase range for successful evaluation for the position of both Police Captain and Deputy Chief be increased from a range of “2% to 5%” to a range of “2% to 7%.” Both positions are integral to the smooth operation of the Police Department and serve as the highest leadership roles supporting the Police Chief. The Comprehensive Plan is included within the overall Village Budget for Fiscal Year 2020, as approved by the Village Council through the adoption of Ordinance No. 2019-10. Section 5 of Ordinance No. 2019- 10 specifically authorizes the Village Council to revise the Comprehensive Pay Plan by Resolution during the Fiscal Year without need to amend the Ordinance. The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Village Council consideration and approval of the attached Resolution amending the Comprehensive Play Plan adopted as part of the Fiscal Year 2020 Budget to include the position of Deputy Police Chief at Pay Grade 123 and increasing the range for merit increases for Police Captain and Deputy Police Chief in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2020 BUDGET TO INCLUDE THE POSITION OF DEPUTY POLICE CHIEF AND INCREASE THE RANGE FOR MERIT INCREASES FOR DEPUTY POLICE CHIEF AND POLICE CAPTAIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2019-10 (“Budget Ordinance”) on September 26, 2019, the Village Council adopted the Comprehensive Pay Plan as part of the annual budget for Fiscal Year 2020; and WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and WHEREAS, at the recommendation of Village Staff, the Village Council wishes to amend the Comprehensive Pay Plan to include the position of Deputy Police Chief and increase the range of merit increases for the positions of Deputy Police Chief and Police Captain; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends the Comprehensive Pay Plan for Fiscal Year 2020 to include the position of Deputy Police Chief at Pay Grade 123. The Village Council furt her amends the Pay Plan to increase the range for merit increases for the positions of Deputy Police Chief and Police Captain from 2% to 5% to 2% to 7%. Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically modified herein, shall remain in full force and effect as originally adopted. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Village of North Palm Beach DEPUTY POLICE CHIEF DEPARTMENT: Police FLSA STATUS: Exempt UNION STATUS: Non-Union PAY GRADE/RANGE: 123 / $89,544.00 - $143,270.40 NEW: 01/15/2020 CLASSIFICATION SUMMARY The Deputy Police Chief assists in the developing, organizing, coordinating and directing of police patrol and other operational functions of the Police Department as assigned by the Police Chief. As the second in command, the Deputy performs the duties of the Police Chief in absence of same. ESSENTIAL FUNCTIONS  Selects, trains, motivates and evaluates assigned staff and takes appropriate disciplinary action when necessary.  Interprets and enforces all applicable codes, ordinances, laws and regulations (including traffic, criminal and civil) in order to protect life and property, prevent crime, and promote security.  Ensures compliance with general orders, police contracts, and all other applicable mandates while initiating any actions necessary to correct deviations or violations.  Communicates and coordinates activities with the Police Chief, other supervisory personnel, other department components, and other individuals to gather/exchange information regarding rules, laws, problems, special situations, and other matters requiring police attention.  Assists with the preparation and administration of the police department budget and monitors expenditures to ensure fiscal compliance and consistency.  Assists in the development, revision and implementation of policies, procedures, short/long- term plans, goals and objectives for the police department.  Provides a visible presence in response to resident, staff and community inquiries and concerns regarding safety, security and law enforcement issues.  Prepares and monitors implementation of the Village’s emergency operations and crisis response plans to assure compliance with state laws and Village ordinances/directives.  Conducts inspections that address and comply with safety, security and appearance standards and takes appropriate actions to correct deficiencies.  Directs and/or assumes command of major/critical incidents which typically involve assessing incident scenes, determining necessary manpower allocations, and requesting additional emergency personnel, other units/departments, outside agencies, etc. as required.  Assists with criminal as well as internal investigations when necessary.  Operates a variety of standard and specialized machinery, equipment and tools associated with law enforcement.  Monitors inventory of police department vehicles, equipment, uniforms, tools and supplies while securing adequate materials to conduct work activities. DEPUTY POLICE CHIEF  Follows safety procedures, utilizes safety equipment, and monitors work environment to ensure safety of employees, residents and the community at large.  Identifies opportunities for operational and program improvements, recommending and implementing necessary change to align with stated goals, objectives and initiatives related to Village policing, law enforcement and security.  Attends various meetings, serves on committees and task forces, and makes presentations to the Village Council, law enforcement agencies, businesses and community stakeholders.  Provides back-up coverage or assistance to other employees as needed.  Assumes command of the Police Department during the absence of the Police Chief. (The above list of essential functions is not meant to be all inclusive. Other duties may be required and assigned.) MINIMUM QUALIFICATIONS  Bachelor’s degree from an accredited college/university in criminal justice, law enforcement, police science, criminology or related field.  Minimum of eight (8) years serving in progressively responsible positions in the law enforcement field to include four (4) or more years of supervisory/management experience at the rank of Captain or above.  Florida Department of Law Enforcement (FDLE) Criminal Justice Standards and Training Commission (CJSTC) Police Officer certification.  Ability to analyze and evaluate general and statistical information and use such to inform critical decision making.  Ability to organize and direct police and emergency activities of broad scope and complexity.  Demonstrated ability to work collaboratively with diverse groups and interact tactfully and respectfully with all levels of staff, administration and the general public.  Demonstrated ability to effectively communicate, both orally and in writing, and to present issues and recommendations requiring policy direction to executive leadership and other agency and governmental officials.  Evidence of strong leadership skills, illustrating a thorough knowledge of the principles and practices of modern police administration, organization and operations.  Knowledge of current computing technologies and software applications appropriate to the position’s responsibilities. PHYSICAL REQUIREMENTS Tasks include the intermittent performance of physically demanding work, typically involving some combination of reaching, bending, stooping, kneeling, crouching, running and climbing, and may involve the lifting, carrying, pushing and/or pulling of extremely heavy objects. ENVIRONMENTAL REQUIREMENTS Performance of essential functions may require exposure to adverse environmental conditions, such as temperature extremes, humidity, inclement weather, loud noise, and weapons. Tasks may involve working around moving parts, vehicles, equipment, carts, and materials handling, where heightened awareness to surroundings and close observance of established safety precautions are prerequisites in the prevention of injuries/accidents. VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES DEPARTMENT TO: Honorable Mayor and Council FROM: THRU: Renee Govig, Director of Human Resources Andrew D. Lukasik, Village Manager DATE: February 13, 2020 SUBJECT: RESOLUTION – Approval of a new Collective Bargaining Agreement with the Federation of Public Employees (FPE) The Village has reached an agreement with the Federation of Public Employees, a Division of the National Federation of Public and Private Employees, AFL-CIO (“FPE”) for a Collective Bargaining Agreement (“CBA”) effective upon ratification by both parties through September 30, 2022. The FPE represents forty-six Village employees. Most of the job classifications included in the CBA are assigned to the Department of Public Works, but Library employees, Code Compliance Officers and Recreation Assistants are also included within the bargaining unit. Changes of note to the CBA include: Article 12 – Vacation Leave This Article was amended to clarify that employees may use accrued vacation leave if incapacitated due to Workers’ Compensation injury or illness to augment the benefits to maintain full pay. The employees’ ability to supplement their Workers’ Compensation benefits, which generally cover 66⅔% of their pay, was not previously addressed in the Agreement. Article 17 – Sick Leave Added a requirement for employees who were out of work due to illness for 10 consecutive days to produce a doctor’s note indicating fitness to return work without restrictions. Additionally, the Agreement was clarified to indicate that employees will not be eligible for a payout of donated sick leave upon separation of employment. Article 28 – Probation The Agreement now distinguishes the types of probationary employees:  The term for a New Hire Probation is 180 days, which can be extended by the Village for an additional 90 days. This timeframe allows supervisors to monitor a newly hired employee’s performance prior to changing an employee’s status to “full-time, regular”. Employees on New Hire Probation may be terminated without cause and without the ability to grieve or appeal the termination.  Newly promoted employees who were already in the bargaining unit are placed on Promotional Probation. The probationary period is 90 days during which time the Village may return the employee to his or her original or another available position. The Village’s decision to return an employee to his or her prior position is not subject to grievance or appeal.  An employee who does not meet minimum performance standards is placed on a Performance Based Probation. The term of the probation is 90 days. The Agreement was amended to require that progress reviews are performed for the probationary employee after 30 and 60 days of being placed on Performance Based Probation. Union representatives may be present during those reviews. An employee who does not improve performance after the 90-day probationary period may be terminated by the Village. The Village’s decision to terminate employment is not subject to grievance or appeal. Article 35 – Wages Year One (10/1/19-9/30/20) No retroactive payments will be required with this CBA. For the first full pay period following ratification, bargaining unit employees employed by the Village on the date of ratification who receive a successful or higher evaluation on their previous performance evaluation will receive a one-time bonus of $1,000.00 . Additionally, employees who are not topped out will receive base wage adjustment of not less than 2% and not more than 7% the first pay period following annual evaluations in April 2020. Year Two (10/1/20 -9/30/21) Effective the second pay period in October 2020, bargaining unit employees who received a “Successful Level 1” or higher on their previous performance evaluation will receive a one -time bonus of $750.00. Additionally, employees who are not topped out will receive a base wage adjustment of not less than 2% and not more than 6% the first pay period following annual evaluations in April 2021. Year Three (10/1/21-9/30/22) Effective the second pay period of October 2021, bargaining unit employee who received a “Successful Level 1” or higher on their previous performance evaluation will receive a one-time bonus of $500.00 . Additionally, employees who are not topped out will receive a base wage adjustment of not less than 2% and not more than 6% the first pay period following annual evaluations in April 2022. Lumps sum payments for those employees at the top of their respective pay ranges were increased. Payments were increased from $900 to $1,500 for a Successful Level I through Exceptional Level I evaluation and from $1,200 to $1,800 for an evaluation of Exceptional Level II or higher. Fiscal Impact: The overall fiscal impact to the Village will depend upon actual performance evaluation scores of bargaining unit members. However, budget amounts equivalent to a 4% increase in October 2019 and 4% in April 2020 were included in the FY2020 financial plan. Therefore, Administration does not anticipate that the terms of this Agreement will have a negative impact upon the Village’s adopted budget. The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests the Village Council’s consideration and approval of the attached Resolution adopting and ratifying a Collective Bargaining Agreement (2019-2022) with the Federation of Public Employees and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the prior Collective Bargaining Agreement between the Village and the Federation of Public Employees, a Division of the National Federation of Public and Private Employees, AFL- CIO (“FPE”) expired on September 30, 2019; and WHEREAS, the Village and the FPE have negotiated a new Collective Bargaining Agreement effective upon ratification, and Village Administration recommends Council approval of the new Collective Bargaining Agreement; and WHEREAS, the Village Council determines that the approval of the new Collective Bargaining Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves a new Collective Bargaining Agreement between the Village and the Federation of Public Employees, a Division of the National Federation of Public and Private Employees, AFL-CIO, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Collective Bargaining Agreement on behalf of the Village. The Agreement shall be effective upon ratification by both parties and shall expire on September 30, 2022. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK {00329284.12 1823-9704441} AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO From Ratification to September 30, 20192022 Page 2 of 52 {00329284.12 1823-9704441} Table of Contents ARTICLE 1 – PREAMBLE ........................................................................................................... 5 ARTICLE 2 – RECOGNITION ..................................................................................................... 6 ARTICLE 3 – NON-DISCRIMINATION ..................................................................................... 7 ARTICLE 4 – MANAGEMENT RIGHTS .................................................................................... 8 ARTICLE 5 – VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION .......... 9 ARTICLE 6 – GRIEVANCE PROCEDURE ARBITRATION ................................................... 10 ARTICLE 7 – DISCIPLINARY APPEALS ................................................................................. 13 ARTICLE 8 - FITNESS FOR DUTY ........................................................................................... 15 ARTICLE 9 – FAMILY MEDICAL LEAVE .............................................................................. 16 ARTICLE 10 – DUES DEDUCTION .......................................................................................... 17 ARTICLE 11 – MILITARY LEAVE ........................................................................................... 18 ARTICLE 12 – PAID VACATION ............................................................................................. 19 ARTICLE 13- INSURANCE BENEFITS .................................................................................... 21 ARTICLE 14 – WORKERS COMPENSATION ......................................................................... 22 ARTICLE 15 – SENIORITY, AND LAYOFF ........................................................................... 23 ARTICLE 16 – TOOL REPLACEMENT .................................................................................... 24 ARTICLE 17 – SICK LEAVE ..................................................................................................... 25 ARTICLE 18 – LEGAL BENEFITS ............................................................................................ 27 Page 3 of 52 {00329284.12 1823-9704441} ARTICLE 19 – DRUG AND ALCOHOL TESTING .................................................................. 28 ARTICLE 20 – HOLIDAYS ........................................................................................................ 30 ARTICLE 21 – BEREAVEMENT LEAVE ................................................................................. 31 ARTICLE 22 – HOURS OF WORK AND OVERTIME ............................................................ 32 ARTICLE 23 – PREVAILING RIGHTS ..................................................................................... 33 ARTICLE 24 – SEVERABILITY CLAUSE ............................................................................... 34 ARTICLE 25 – RESOLUTION OF DISPUTES ......................................................................... 35 ARTICLE 26 – CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .. 36 ARTICLE 27 – TARDINESS ....................................................................................................... 37 ARTICLE 28 –PROBATION ....................................................................................................... 38 ARTICLE 29 – FEDERATION RIGHTS AND PRIVILEGES .................................................. 39 ARTICLE 30 – WORK ASSIGNMENTS ................................................................................... 41 ARTICLE 31 – OFF-DUTY EMPLOYMENT ............................................................................ 42 ARTICLE 32 – POLITICAL ACTIVITY AND VOTING .......................................................... 43 ARTICLE 33 – EDUCATION, TRAINING, AND PROMOTIONAL OPPORTUNITY .......... 44 ARTICLE 34 – PENSION PLAN ................................................................................................ 45 ARTICLE 35 – WAGES .............................................................................................................. 46 ARTICLE 36 – MISCELLANEOUS ........................................................................................... 48 ARTICLE 37 – CALL-BACK/EMERGENCY COMPENSATION ........................................... 49 ARTICLE 38 – CERTIFICATION INCENTIVE ........................................................................ 50 Page 4 of 52 {00329284.12 1823-9704441} ARTICLE 39 – TERM OF AGREEMENT .................................................................................. 51 SIGNATURE PAGE .................................................................................................................... 52 Page 5 of 52 {00329284.12 1823-9704441} ARTICLE 1 – PREAMBLE This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida, hereinafter referred to as the “VILLAGE”, and the FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, hereinafter referred to as “FEDERATION”, for the purpose of promoting harmonious relations between the VILLAGE and the FEDERATION, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning wages, benefits, and other conditions of employment as provided by law. All reference to Village means the Village of North Palm Beach All reference to Village Manager means the Village Manager or designee. All reference to day means calendar day, unless otherwise specified in this agreement. All reference to member(s) means dues paying bargaining unit member(s) All reference to employee(s) means bargaining unit member(s) regardless of dues paying status. All reference to business day (s) means Monday through Friday excluding holidays in all articles in this agreement. Page 6 of 52 {00329284.12 1823-9704441} ARTICLE 2 – RECOGNITION Section 1: The VILLAGE hereby recognizes the FEDERATION as the exclusive bargaining representative for all regular full-time paid Employees in the unit certified by the Public Employees Relations Commission Number 1537, case number EL-2004-067, dated February 4, 2005. Section 2. FEDERATION recognizes the VILLAGE Council as the elected representatives of the citizens of the VILLAGE of North Palm Beach and the legally constituted authority responsible for the determining the purpose, mission and operations of the VILLAGE. Section 3. FEDERATION recognizes the Village Manager as the Chief Executive Officer of the Village responsible for administration of the Village and the employee workforce. Page 7 of 52 {00329284.12 1823-9704441} ARTICLE 3 – NON-DISCRIMINATION Section 1. The VILLAGE and the FEDERATION agree that all articles of this Agreement shall be applied to all employees covered by it and that the VILLAGE and the FEDERATION affirm their joint opposition to any discriminatory practice in connection with empl oyment, promotion, or training, remembering that the public law and public interest require no discrimination on account of race, color, creed, disability, national origin, age, sex, or religion. Employees have an affirmative duty to report conduct that has the appearance of being discriminatory. Section 2. Employees shall have the right to join the FEDERATION, to engage in lawful union activities for the purpose of collective bargaining, to express and communicate any view, grievance, complaint or opinion, within the bounds of good taste, relative to conditions or compensation of public employment or its betterments, all free of any restraint, coercion, intimidation or reprisal against any covered employee or that person’s membership or lack of membership in the FEDERATION, as long as such activity is done outside of the employee’s work time. Page 8 of 52 {00329284.12 1823-9704441} ARTICLE 4 – MANAGEMENT RIGHTS Section 1. Except as otherwise limited by a provision of this Agreement, the VILLAGE reserves and retains exclusively all of its responsibilities and authorities to operate and manage its affairs. The rights of the VILLAGE through its management officials, shall include, but not be limited to, the following: A. To manage and direct the Employees of the VILLAGE. B. To hire, promote, transfer, schedule, assign and retain employees in positions with the VILLAGE. C. To suspend, demote, discharge or take other disciplinary action against Employees for just cause. D. To relieve Employees from duties because of lack of work, funds or other legitimate reasons. E. To maintain the efficiency of the operations of the VILLAGE. F. To determine the methods, means and personnel by which such operations are to be conducted. G. To determine the organization of VILLAGE government. H. To determine the number of Employees to be employed by the VILLAGE. I. To determine the number, types and grades of positions or Employees assigned to an organization unit, department or project. J. To determine internal security practices Section 2. If, in the discretion of the VILLAGE Manager or designee, it is determined that a civil emergency condition exists, including, but not limited to, riots, civil disorders, hurricane conditions or other catastrophes, the provisions of the Agreement may be suspended by the VILLAGE Manager or designee, during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3. Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the VILLAGE of North Palm Beach and FEDERATION accordingly, FEDERATION agrees that it will ask its members to work diligently in order that the services performed meet the above standards. Section 4. FEDERATION does not waive, and retains the right, to request impact bargaining when appropriate. A request for impact bargaining shall be in writing delivered to the Village Manager, shall identify negotiable effects upon employees' terms and conditions of employment, and shall list the Articles of this Agreement which the FEDERATION requests be opened for impact bargaining. Conversely, the Village does not waive any management right provided to it in Chapter 447, Florida Statutes. Page 9 of 52 {00329284.12 1823-9704441} ARTICLE 5 – VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION Section 1. Both parties agree that it is to their mutual interest and to the best interests of both the Employer and the Employees if working conditions in the VILLAGE are both safe and sanitary. Additionally, both parties recognize the need to develop a safe work force. To this end the FEDERATION agrees to report to the Employer any unsafe conditions existing in the VILLAGE at any time during the term of this Agreement and the FEDERATION further agrees to cooperate with the Employer in the Employer’s efforts to rectify any such situation. Section 2. Any dangerous situation is to be reported immediately to the foremanSupervisor. All accidents are to be reported immediately to the foremanSupervisor. Job-related accidents are to be covered by Worker’s’ Compensation Insurance. Section 3. Use of Private automobile – In the event an employee (if authorized and directed in advance) uses his/her their own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all VILLAGE employees. Section 4. Any Employee who abuses assigned vehicles(s) or equipment shall be subject to disciplinary action up to and including discharge. Section 5. Department heads Directors will determine the proper and necessary safety equipment and devices for Employees engaged in work where such special equipment and devices must be used. Failure by Employees to utilize provided equipment or devices will be subject to disciplinary action. Equipment will be provided when needed to facilitate the handling of large trash requirements as determined by management. Section 6. In the event that the FEDERATION has any concern regarding workplace safety, the FEDERATION may request, twice per year, a meeting with the VILLAGE to discuss such concern. A meeting shall be held within a reasonable time of the request. Section 7. Once an employee reports any faulty or unsafe equipment/vehicles to his/her their supervisor and the employee is instructed to use the same equipment/vehicle without being repaired or replaced, the employee shall not receive discipline related to an accident where the same vehicle/equipment was found to be the cause of the accident or incident. Page 10 of 52 {00329284.12 1823-9704441} ARTICLE 6 – GRIEVANCE PROCEDURE ARBITRATION Section 1. A grievance is defined as, and is limited to, any dispute involving the interpretation or application of this Agreement. A dispute over disciplinary action is not a grievance, but is considered an appeal of disciplinary action and shall be processed as set forth in Article 7. Section 2. For the purpose of this Article any grievance not submitted in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the Village within the time limits provided below shall advance the grievance to the next step in the process. Section 3. In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the employee shall first discuss the alleged grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a formal grievance, the FEDERATION may file a formal written grievance using the FEDERATION’s grievance form. The form shall be filed with the Village Manager within twenty (20) days of the act or omission which gives rise to the grievance or from the date the employee first knew or should have known of the event leading to the grievance. The form may have a provision which allows the FEDERATION, at its option to request a meeting with the Village Manager or the FEDERATION may request the meeting by other writing. The Village Manager shall forward a copy of the grievance form to the Department HeadDirector. The Village Manager shall meet with the FEDERATION to discuss the grievance if the FEDERATION has elected to request a meeting. Within twenty (20) days after the date of receipt of the grievance or of the meeting with the FEDERATION, if one was requested, the Village Manager will respond to the FEDERATION in writing or by email. If the FEDERATION is not satisfied with the response from the Village Manager, the FEDERATION may submit the grievance to arbitration filing a request for a seven (7) name arbitration panel to the Federal Mediation and Conciliation Service. The submission must be made within thirty (30) business days (days the Village Clerk’s Office is open to the public for business) of the date of the Village Manager’s letter and email to the FEDERATION, as evidenced by actual filing with the Federal Mediation and Conciliation Service. The parties shall select an arbitrator by each striking three (3) names in alternating fashion, until the parties select an arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall occur within thirty (30) days of receipt of the panel list. Section 4. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement (including email requests coupled with a written affirmation) Page 11 of 52 {00329284.12 1823-9704441} between the parties. No consent to extension shall be implied by the conduct of the parties in the absence of a written or email agreement. Section 5. The arbitrator will determine the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. Section 6. The arbitrator may not issue declaratory opinions and shall confine themselves himself exclusively to the question(s) presented to themhim, which question(s) must be actual and existing. Section 7. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator’s fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. Section 8. The arbitrator’s award shall be final and binding on the parties. Section 9. The FEDERATION will not be required to process the grievance of non- members. Only the FEDERATION can advance a grievance to arbitration for one of its members. Members may not advance a grievance to arbitration on their own. Section 10. The parties agree that the settlement of any grievance by the parties prior to a decision by an arbitrator shall have precedential value unless the parties agree otherwise, in which case their settlement shall state. Section 11. When arbitrability is raised by the Village with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of arbitration hearing on the grievance itself. If the Village does not agree that the matter is arbitrable, notification shall be sent to the FEDERATION of such within ten (10) days of receipt of the FEDERATION’S request to proceed to arbitration. The parties agree that in such an instance, the Village may submit solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the arbitrator within ten (10) days of selection of the arbitrator. The arbitrator shall render the decision on arbitrability within fifteen (15) days of receipt of the parties’ submissions. Page 12 of 52 {00329284.12 1823-9704441} Whichever party loses on the issue of arbitrability shall pay the arbitrator’s costs involved in that portion of the proceeding. Section 12. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance is arbitrable, the parties shall proceed to arbitrate the grievance. Page 13 of 52 {00329284.12 1823-9704441} ARTICLE 7 – DISCIPLINARY APPEALS Appeals of disciplinary action shall be handled as follows: Section 1. An employee, who wishes to challenge any disciplinary action, shall file a notice of appeal to his/her their dDepartment headDirector. When an employee has received a written counseling, the employee’s appeal is limited to submitting a written rebuttal which shall be attached to the written counseling documents in the employee’s personnel file. The written rebuttal shall be submitted by the employee within ten (10) days of the employee’s receipt of the written counseling. Section 2. The FEDERATION may file an appeal of discipline on behalf of its members. Upon receipt of a notice of appeal for all discipline other than a written counseling, the dDepartment head Director shall have ten (10) days to review the discipline and to advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Ddepartment head Director to respond within ten (10) days shall constitute a determination that the discipline is sustained. Section 3. If the FEDERATION is not satisfied with the Ddepartment head’s Director’s decision, FEDERATION can further appeal a discipline to the VILLAGE Manager. Upon receipt of a notice of appeal, the VILLAGE Manager shall have ten (10) days to review the discipline and to advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the VILLAGE Manager to respond within ten (10) days shall constitute a determination that the discipline is sustained. The decision of the VILLAGE Manager shall be final unless appealed as hereinafter set forth. Section 4. The FEDERATION can appeal the VILLAGE Manager’s decision on a suspension of sixteen (16) hours or more without pay, to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 6 above. The decision of the arbitrator shall be made within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline, which was set by the VILLAGE Manager. The decision of the arbitrator is final and binding on the parties. Section 5. No employee shall be subject to discipline of any type without cause. No employee shall be subject to a suspension without pay or a termination without first being afforded a pre-determination conference with the VILLAGE Manager or his/her their designee. No pre-determination conference shall be conducted with less than three (3) days’ notice to the employees. Section 6. The parties agree that the seven elements of a just cause discipline are: Page 14 of 52 {00329284.12 1823-9704441} A. There is a reasonable rule, order, or a standard of conduct related to the orderly, efficient and safe operation of Village business which has been violated. Some standards of conduct, such as the prohibition of fighting on the job, are so obvious as to not require a written rule. B. The Village either gave notice that violation of the rule or order would result in discipline or the conduct which is in violation of the rule or order is so obviously inappropriate that no warning is necessary. (Examples: consuming alcohol on the job or the need for an employee to perform safety inspections of the equipment they use.) C. An investigation of the alleged violation. D. The investigation is fair and objective. E. The investigation uncovers proof or evidence of the violation. F. The rule or order is equally applied and without discrimination. G. The degree of penalty is reasonably related to the seriousness of the violation. Section 7. In every disciplinary appeal the Federation must identify the element of a just cause discipline which the Federation asserts has not been met and a brief explanation of why the element has not been satisfied. Section 8. Progressive Discipline Progressive discipline action will be administered in most cases, subject to the specific facts of the employee act or omission under review. Notwithstanding this general recognition of the principles and benefits of progressive discipline, the Village may deviate from progressive discipline when the Village Manager determines that the interest of the Village operations and/or public confidence warrants more serious discipline. The following are the general progressive steps of discipline: Verbal Warning Written Warning Suspension Termination. The first two steps (Verbal Warning and Written Warning) are intended as corrective and instructive steps and not punitive, but can be used to in the context of establishing the first two elements (Section 6 A and B above) of just cause discipline. Steps may be skipped when circumstances warrant more rapid progression. In determining the appropriate level of discipline, past disciplinary action must be taken into consideration. In the consideration of past discipline these general rules apply:  the older a discipline is, the less weight it will have;  several disciplines over a short period of time have greater weight than a few disciplines over an extended period of time. Page 15 of 52 {00329284.12 1823-9704441} ARTICLE 8 - FITNESS FOR DUTY An employee is expected to perform essential job functions in a safe and effective manner, and to discuss with his/her their supervisor any circumstances that may impact his/her their ability to do so. The Village may require professional evaluation of an employee’s physical, emotional or mental capacities to determine his/her their ability to perform essential job functions. Such evaluations are conducted by an independent, licensed h ealth care professional. To the extent allowed by law, the Village will protect the confidentiality of the evaluation and the results. Employees who have the responsibility for on-call shifts must meet the fitness for duty standard during the entire on-call period. Non-compliance with a request for a fitness for duty evaluation shall be cause for disciplinary action. The employee’s satisfactory work performance is the basis for continued employment. Participation in a treatment or rehabilitation program does not guarantee continued employment and may not necessarily prevent disciplinary action for violation of Village policies. An employee must comply with all treatment recommendations resulting from a fitness for duty evaluation to be allowed to return to work. During this time, applicable sick leave policies shall apply. An employee referred for an evaluation will be prohibited from working or appearing for work until an evaluation is completed and the employee has been approved to return to work. Sick and vacation time may be used by the employee when available. When available leave time is exhausted, the employee will be on unpaid leave. Employees who are required by their job description to hold a CDL license shall comply with the U.S. Department of Transportation Federal Motor Carrier Safety Regulations and must also ensure that their Medical Examiner’s Certificate (Med Card) is on file with the State of Florida and that it remains current. Failure to present a valid Med Card will result in a suspension without pay for thirty (30) days or until the employee provides proof of a current Med Card, whichever occurs first. Failure to provide proof to the Village within thirty (30) days will result in non-disciplinary separation from employment for failure to maintain job qualifications. The Village will pay for the physical examination, using Medical Examination Report Form MCSA- 5875, at time of initial hire as well as at the time of recertification. Page 16 of 52 {00329284.12 1823-9704441} ARTICLE 9 – FAMILY MEDICAL LEAVE The rights and benefits regarding family medical leave are as set forth in the Village Leave Policy attached as Appendix A). The VILLAGE may require an employee who is returning to work following family medical leave taken for the employee’s own serious medical condition to submit to a fitness for duty evaluation conducted by a VILLAGE appointed doctor. The evaluation shall be job-related, limited to the particular health condition that caused the employee’s need for leave, and shall be paid for by the VILLAGE. The VILLAGE shall not delay the return for work (provided the employee has already provided his/her their own doctor’s certification of fitness) while the VILLAGE’S evaluation is pending. Page 17 of 52 {00329284.12 1823-9704441} ARTICLE 10 – DUES DEDUCTION Section 1. Employees covered by this Agreement may authorize payroll deductions for the purposes of paying dues. Requests for same must be in writing on a form clearly indicating that the member wishes to have FEDERATION dues deducted from his/her their paycheck. No authorization shall be allowed for payment of initiation fees, special assessments, fines, penalties or delinquent dues. Section 2. FEDERATION will notify the Human Resources Director as to the amount of dues. This notice must state the computed formula for each individual member. Such notification will be certified to the Finance Director in writing over the signature of an authorized office of FEDERATION at least thirty (30) days in advance of the effective date. Changes in membership dues will be similarly certified to the Finance Director and shall be done at least thirty (30) days in advance of the effective date of such change. Section 3. FEDERATION will indemnify, defend, and hold harmless the VILLAGE against any and all claims, demands, or suits or other forms of liability that shall, out of, or by reason of action taken or not taken by the VILLAGE on account of payroll deductions of FEDERATION dues FEDERATION agrees that in case of overpayment, proper adjustment, if any, will be made by FEDERATION to the affected employee. Section 4. Dues deductions shall occur in each pay period and shall be remitted to the FEDERATION monthly, no later than the 15th day of the month following deduction. Section 5. The payroll deduction shall be revocable by the employee by providing thirty (30) days written notice to both FEDERATION and the VILLAGE Manager. Page 18 of 52 {00329284.12 1823-9704441} ARTICLE 11 – MILITARY LEAVE The rights and benefits regarding military leave are as set forth in the Village Leave Policy attached as Appendix A). Any changes or amendments mandated by Federal or State law shall be incorporated as part of this article without negotiation. Page 19 of 52 {00329284.12 1823-9704441} ARTICLE 12 – PAID VACATION Section 1. Vacation time will be accrued, may be used, and may be paid out in accordance with the Village Personnel Policies for non-bargaining unit employees as that policy is amended from time to time.. Vacation days accrue, but may not be taken during the first 180 days of employment. All personnel who have completed their first 180 days of full-time employment shall be entitled to take vacation with pay in accordance with the following accrual schedule: 0 but less than 5 years 10 days (80 hours) per year 5 but less than 10 years 15 days (120 hours) per year Over 10 years 20 days (160 hours) per year Section 2. Bargaining unit members hired prior to the date of ratification may take vacation after ninety (90) days of employment. Section 2. All employees shall select, once annually in January, vacations. Initial selection of vacations will be by seniority within a division. If an employee chooses to change their vacation selection, he they must then wait until the vacation list passes through all other remaining members of the division, at which time he they or she shall then be eligible to change the selections, but are is limited to open dates.. Section 3. In the event a paid holiday should occur during an employee's vacation period, the employee's vacation time shall not be credited against the paid holiday. An employee shall not lose may use accrued vacation leave if incapacitated due to an injury or illness incurred in the line of duty but only at the rate necessary to maintain full pay during the period of time the employee is receiving worker compensation benefits. Example: an employee who is normally paid $300 a week will receive $200 from the State and $100 from their accrued vacation time. When the employee exhausts their accrued time, the weekly payment will only be the $200 from the State.1 Section 4. Bargaining unit employees may not take vacation for more than two (2) consecutive weeks without the Department Heads Director’s approval. Vacation time periods not bid for shall only be by Department Head Director or Supervisor approval and a seventy-two (72) hour (three days) notice, which shall not be unreasonably withheld. Vacation time may not be substituted for sick time days except for use with FMLA. - Page 20 of 52 {00329284.12 1823-9704441} 21 Section 5. Vacation time shall be credited and reported per pay period to indicate hours accrued, less hours taken, reflecting net vacation hours available per pay period. Section 6. The maximum number of vacation days an employee may accrue is 2 years accrued vacation based on the above accrual schedule (i.e. 120, 180, or 240 160,. 240, or 320 hours). Any employee (other than an employee who is discharged for cause or does not resign in good standing) who voluntarily terminates, retires, is laid off, or dies while employed by the VILLAGE shall receive payment equal to 100% of the unused days of vacation accrued during the two (2) year period prior to termination, retirement, or death. If any employee dies and has accrued vacation time, the accrual shall be paid to the employee's estate, or in the event no estate is pending, to the person who would be entitled to the disbursement pursuant to statutory rules of intestate succession. Section 7. An employee may not use vacation time to offset a loss of pay resulting from an absence. Section 8. Leave without pay may not be utilized to supplement vacation leave without first obtaining prior Village Manager Department Director written approval. Department Director approval is provisional and not final until written approval of the Director of Human Resources and Village Manager. Employees may only schedule vacation leave time corresponding to their available accrued leave time. Section 9. There are no past practices that prohibit just cause discipline for absences that are not approved. Page 21 of 52 {00329284.12 1823-9704441} ARTICLE 13- INSURANCE BENEFITS Section 1. The Village will provide health and dental insurance to employees and their dependents under the Village health and dental program at the same levels of benefit and rates established by the Village Council for non-bargaining unit employees of the Village. Section 2. In the event the Village agrees to provide more beneficial coverage or rates to any other bargaining unit in the Village, the more beneficial coverage and rates will be provided to employees covered by this CBA. Page 22 of 52 {00329284.12 1823-9704441} ARTICLE 14 – WORKERS COMPENSATION Section 1. The VILLAGE agrees to abide by Chapter 440, Florida Statutes with respect to the provision of worker’s’ compensation benefits. Section 2. The VILLAGE will not discriminate nor retaliate against any employee attempting to exercise his/her their rights under that statute. Section 3. In the event an employee is on workers’ compensation, the employee, at his/her their discretion, may elect to supplement his/her their net income by using any accrued unused paid vacation or sick leave in hourly increments for purposes of bringing the employee’s workers’ compensation income up to the employee’s net income received prior to his/her their injury. This supplement applies only to vacation and/or sick leave accrued and unused prior to the workers’ compensation injury and in no event shall an employee be entitled to supplement his/her their workers’ compensation income to receive more than his/her their net income received prior to his/her theirher injury. An employee on worker’s’ compensation leave is not eligible for holiday pay. Section 4. Employees who are cleared by their doctor to perform light duty shall be assigned light duty, but the Village is under no obligation to create a light duty assignment. Light duty is not available for employees on non-workers’ compensation leave. Section 5. An employee on worker’s compensation leave shall contact the Human Resources Department once weekly to advise the Department of the employee’s injury status. Page 23 of 52 {00329284.12 1823-9704441} ARTICLE 15 – SENIORITY, SUBCONTRACTING, AND LAYOFF Section 1. Seniority shall be defined as the total length of continuous service in the VILLAGE of North Palm Beach. Seniority shall continue to accrue during all types of compensable leave, approved by the VILLAGE. Section 2. Employees shall lose their seniority as a result of the following: A. Termination B. Retirement C. Voluntary resignation D. Involuntary layoff exceeding twelve (12) months E. Unexcused absence for more than three (3) days. F. Failure to report to the VILLAGE Manager or designee intention of returning to work, within five (5) days of receipt of recall, as verified by certified mail, return receipt. G. Failure to report from military leave within the time limits prescribed by law. H. Failure to return from an authorized leave of absence upon the expiration of such leave. Section 3. Layoffs of regular full-time Employees shall be based on overall seniority with the least senior Employees in the classification and department being laid off first. Section 4. If the position from which the most senior person was laid off reopens during twelve (12) months from the date of layoff, that laid off Employee shall have the right to fill that position. Probationary Employees shall have no recall rights. Section 5. Recall will be offered to laid off Employees, other than those Employees who were on probationary status at the time of layoff, provided they are qualified and able to perform all of the duties of the job, as provided by Federal or State Statutes. When the Employees a re recalled from layoff, the Employee with the greatest seniority in that classification shall be recalled first. Page 24 of 52 {00329284.12 1823-9704441} ARTICLE 16 – TOOL REPLACEMENT Section 1. Employees who are authorized in writing by their department heads to furnish their own tools in order to perform their job shall continue to do so for the duration of the Agreement. In the event an employee’s tool is broken or damaged to the extent of being inoperable for its intended purpose, while the employee was engaged in his/her their normal course of duties, the VILLAGE will reimburse the employee for the replacement cost (minus depreciating normal wear and tear of the life of the tool) of the same tool or a less expensive alternative, at the employer’s option, upon submission of a receipt to the VILLAGE. The VILLAGE may take all reasonable steps to verify how the tool became damaged, to confirm replacement costs. Section 2. Per Section 1 above, the maximum amount reimbursable for any one tool is limited to one hundred dollars ($100.00) per tool, per year, with a combined total reimbursement for employee per year limited to five hundred dollars ($500.00). Page 25 of 52 {00329284.12 1823-9704441} ARTICLE 17 – SICK LEAVE Section 1. Sick leave days accrue at a rate of one day of sick leave for each month of continuous service, with no maximum, but shall not be taken during the first ninety days of employment. Employees taking sick leave shall be compensated at their straight time hourly rate of pay for the time off work. Sick leave shall continue to accrue during periods of authorized absence ion which the employee is in active pay status. An employee may accrue an unlimited number of sick days for uses in the event he they are or she is sick. Any employee, except employees who are discharged for cause or who do not resign in good standing, who voluntarily terminates, retires, is laid off, or who dies while employed by the VILLAGE, shall receive a payment equal to fifty percent (50%) of the unused accrued sick leave days, not to exceed thirty (30) paid days total. Section 2. Accrued sick leave may be used when the employee is absent from work due to any of the following reasons: 1. An employee’s injury or illness or medical treatment which precludes him or herthem from reporting to duty; 2. Any injury, illness, or medical treatment of an employee’s immediate family member which requires the employee’s help to care for them him or her or obtain the necessary medical treatment. All sick leave shall be charged against the eEmployee’s’ bank of accrued sick leave. Section 3. An employee who is unable to report to work shall notify the immediate supervisor no later than the scheduled reporting time. This notification procedure shall be followed for each day the employee is unable to report to work unless prior approval is given. Failure to provide this notification may be cause for disciplinary action. The VILLAGE may require the employee who is out for ten (10) consecutive work days to provide a doctor’s note indicating that the employee was is unable to work due to illness and ist fit to return to work without work restrictions. Section 4. Abuse of sick leave, or a false claim for sick leave, shall be considered sufficient cause for appropriate disciplinary action. Abuse of sick leave shall include, but not be limited to, an Employee taking sick leave as it is earned or establishing a pattern of taking days off without any medical basis or repetitively taking days off to extend weekends, holidays and previously requested vacation days. Section 5. Failure on the part of the Employee to comply with the above requirements shall result in the denial of sick leave. Page 26 of 52 {00329284.12 1823-9704441} Section 6. An employee who does not use sick leave for a continuous period of six (6) months will earn a sick leave incentive payout of eight (8) hours of annual leave which shall be noted on the employee’s paycheck. Section 7. Payout of accrued time at time of termination of employment will not include payout of donated time. Page 27 of 52 {00329284.12 1823-9704441} ARTICLE 18 – LEGAL BENEFITS The Village will provide a defense to an employee in which the employee, action in the course and scope of employment, is named as a defendant as provided in and with the limitations set forth in Florida Statutes. 111.07. Page 28 of 52 {00329284.12 1823-9704441} ARTICLE 19 – DRUG AND ALCOHOL TESTING Section 1. The VILLAGE has adopted (Policy and Procedure Number 11-01) and may revise its drug free workplace policy which is applicable to all bargaining unit employees. Section 2. The use, possession or sale by an employee ofr illegal drugs while on VILLAGE premises or during the employee’s working hours may be grounds for discipline up to and including discharge. An employee who is found to be under the influence of alcohol or illegal drugs while on VILLAGE premises or, during the employee’s working hours shall be relieved of duty. An employee who is found to be under the influence of alcohol or illegal drugs while on VILLAGE premises or during the employee’s working hours shall be disciplined up to and including being discharged. For purposes of this policy “illegal drugs” are defined as those substances controlled by the United States Drug Enforcement Administration. Section 3. An employee may confidentially report the use of prescription or non -prescription medication. Section 4. The VILLAGE will have the right to search an employee and the employee’s possessions on VILLAGE premises or during the employee’s working hours only when there is reasonable suspicion to believe the employee is under the influence or in possession of alcohol or illegal drugs. No search or test shall be ordered without the approval of a department head and concurrence of the Human Recourses Director or Village Manager. Section 5. No such search or test shall begin until the member has been offered the right to have a FEDERATION representative present and to confer in private with that representative. The presence of representation does not negate and shall not delay for more than one hour the VILLAGE’s right to search or test. If a representative is not available within one hour, the VILLAGE shall arrange for the presence of a law enforcement officer who shall act as an additional witness. Section 6. The VILLAGE will have the right to require an employee to submit to appropriate random, post-accident, or reasonable suspicion drug and alcohol tests during the employee’s working hours in accordance with local, State and Federal laws. Employees in the following positions are subject to random testing: Grounds Maintenance Worker, Street Maintenance Worker, Equipment Operator, Irrigation Technician, Senior Irrigation Technician, Sanitation Driver/Operator, Vehicle Mechanic, Trades Mechanic, Recreation Supervisor, Building Construction Inspector, and Senior Building Construction Inspector. Employees are subject to drug testing if they are injured on the job, or involved in an accident while on duty and operating a vehicle or motorized equipment. Page 29 of 52 {00329284.12 1823-9704441} Section 7. Refusal by the employee to submit to such searches or tests upon the VILLAGE’s request when there is probable cause to believe the employee is under the influence or in possession of alcohol or illegal drugs shall result in termination of employment. Submission to tests does not constitute a waiver of the employees’ right to challenge both the order and the result of the test. The rule “obey first, grieve later” is applicable. Section 8 In the event an employee voluntarily requests alcohol or drug rehabilitation assistance the VILLAGE will refer the employee to a VILLAGE sponsored Employee Assistance Program (EAP). Should an employee require time away from the workplace for rehabilitation purposes and does not have enough sick leave and/or vacation leave to cover the absence, the absence will be treated as leave without pay, but the employee shall be entitled to use all forms of accrued paid leave, including sick leave, should he/she they so choose. Section 9. Refusal of the employee to continue with such rehabilitation treatment after return for work may be grounds for discipline up to and including discharge. Any subsequent occurrences may result in immediate discharge. Section 10. All drug testing performed by the VILLAGE shall be in conformity with the testing procedures outlined in Florida’s Workers’ Compensation statutes and corresponding Administrative Code regulations. Section 11. An Employee who is issued a Medical Marijuana Identification Card by the State of Florida or any other State shall submit a copy of the card to the Human Resources Department within ten (10) days of ratification of this agreement or when first issued if issued after ratification, whichever comes first. Notwithstanding the employee’s right to use Medical Marijuana when legally prescribed, an employee may not work if such use impairs the employee’s ability to perform their customary job duties. Section 12. An employee may not possess or use CBD products which contain THC while on or within Village property (including vehicles and equipment) and may not work following the use of CBD products which contain THC if such use impairs the customary job duties of the employee. Page 30 of 52 {00329284.12 1823-9704441} ARTICLE 20 – HOLIDAYS Section 1. Regular, full-time Employees covered by this Agreement will be paid eight (8) hours of base pay for each of the following holidays.: 1. New Year’s Day 2. Martin Luther King Day 3. Presidents’ Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans’ Day 8. Thanksgiving Day 9. Friday following Thanksgiving Day 10. Christmas Eve Day 11. Christmas Day Section 2. In addition to the eighty-eight (88) hours of holiday pay referred to in Section 1, - Employees required to work all or part of the above listed holidays shall be compensated at a premium rate of one and one-half (1 ½) times their regular base pay for the actual hours worked. Section 3. Employees must be in paid status, excluding sick leave, the full day before and the full day after the holiday in order to be paid for the holiday. An employee on workers’ compensation leave is not in paid status. Section 4. If a holiday falls on a Saturday, the previous Friday shall be designated as the official holiday and if the holiday falls on a Sunday, the following Monday shall be designated as the official holiday. Page 31 of 52 {00329284.12 1823-9704441} ARTICLE 21 – BEREAVEMENT LEAVE The rights and benefits regarding bereavement leave are as set forth in the Village Leave Policy (attached as Appendix A). Regular full-time employees are entitled to a maximum of three (3) days of leave with pay for a death (or a critical illness in which death appears to be imminent) in the family which is defined as: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister- in-law, step-father, step-mother, step-son, step-daughter, step-brother, step-sister, half-brother, half-sister, grandchild or grandparent. Any additional unpaid time which may be granted and charged to accrued and unused vacation leave shall be at the discretion of the Department Director. To qualify for such leave, employees must provide the Human Resources Department with written documentation that includes the name of the deceased, relationship to the employee and date of death such as well as a copy of an obituary notice, memorial service pamphlet, funeral home announcement, etc. Page 32 of 52 {00329284.12 1823-9704441} ARTICLE 22 – HOURS OF WORK AND OVERTIME Section 1. It is agreed by both parties that a The seven (7) day basic work week for pay purposes will begin at 12:01 a.m. Monday and will end at 12:00 midnight Sunday. Employees are expected to work overtime when notified that overtime work is necessary. Overtime pay at one and one-half (1 ½) times the employee’s regular rate of pay will be paid for all hours worked over forty (40) hours in any work week. Only hours actually worked, vacation hours and holiday hours count as hours worked for overtime purposes. Section 2. The Department DirectorHead shall determine the appropriate lunch time for each Employee. Section 3. Effective with the ratification of this contract, any full-time Employee who reports to work will be paid for his/her their normal workday regardless of whether they stay at work or are sent home by the Village for illness. Section 4. Reserved Section 5. The VILLAGE agrees to establish a notification schedule to inform and advise Employees of split shifts and late shifts by posting appropriate notices no later than the close of business on Thursday proceeding the week in which the split shift or late shift is to be s cheduled. By definition, split shifts are those shifts where an Employee’s eight hour day is split between morning hours and evening hours wherein the Employee may be off the clock during the middle of the day; late shifts are those shifts where the Employee may be required to arrive at work at 1:00, 2:00 or 3:00 p.m. with the intent of working an eight hour day starting from those hours. Section 6. During declarations of emergencies, employees will be afforded an off-duty rotation in the event they may be required to work at least six (6) straight days without a break. The VILLAGE will arrange for rotation schedules in order to maintain a level of service to respond to the emergency, but will also recognize the necessity for employees to have some rest time during said emergency. During a Declaration of Emergency, employees may be required to work as deemed necessary and shall be compensated in a fair and equitable manner. Employees may be called in to work before, during, and/or immediately after an emergency. All employees will be paid in accordance with the provisions outlined in Village Resolution 2019-84. Section 7. No compensatory time may be accrued in lieu of the payment of overtime. Accrued compensatory time will be paid out prior to the implementation of any wage increase provided in this Agreement. Page 33 of 52 {00329284.12 1823-9704441} ARTICLE 23 – PREVAILING RIGHTS No past practice which is monetary in nature, except those expressly set forth in this Agreement, shall survive the ratification of this Agreement. Page 34 of 52 {00329284.12 1823-9704441} ARTICLE 24 – SEVERABILITY CLAUSE If any provision of this agreement shall be held invalid, the remainder of this agreement shall not be affected thereby. In the event any provision of this agreement is held invalid, the parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of any articles impacted by the invalidation of provisions of this agreement. Page 35 of 52 {00329284.12 1823-9704441} ARTICLE 25 – RESOLUTION OF DISPUTES NO STRIKE Section 1. The settlement of questions or disputes between the parties hereto and the represented Employees is properly to be handled through collective bargaining, or the grievance and arbitration procedures of this Agreement, as applicable, or through the Public Employees Relations Commission or other appropriate governmental agency and the courts in the event of alleged unfair labor or employment practices or other improper conduct. The parties recognize and agree with the overriding policy concerns underlying the Constitutional and statutory prohibitions against strikes by public employees in the State of Florida. The FEDERATION agrees that it will not cause, participate in, instigate, or support, in any manner, any strike, walkout, slowdown, or work stoppage by any member of the bargaining unit. Additionally, any Employee who violates this Article or participates in its violation shall be subject to immediate discharge. Allowing Employees to work or return to work shall be considered approval of their activity in violation of this Article. The VILLAGE agrees that it will not lock out or cause any employee to be locked out during the term of this agreement. Section 2. Any Employee who participates in, or promotes a strike, work stoppage, slowdown, or other form of interference with the operation and mission of the VILLAGE Administration, shall be subject to discipline up to and including discharge. Such disciplinary action by the VILLAGE Administration shall not be subject to the grievance and/or arbitration procedures contained herein. Page 36 of 52 {00329284.12 1823-9704441} ARTICLE 26 – CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES Section 1. The VILLAGE and FEDERATION acknowledges that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals, with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. Section2. The parties voluntarily and unqualifiedly waive the right to require further collective bargaining and each party agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto and finally determines and settles all matter of collective bargaining for and during the term. Page 37 of 52 {00329284.12 1823-9704441} ARTICLE 27 – TARDINESS Section 1. An employee is tardy when the employee clocks in for work more than one (1) minute after the start time of the employee’s start time. When the employee is more than 15 minutes late for work the supervisor, at the supervisor’s option, may allow the employee to come to work and dock (place in unpaid status) the employee for the time the employee is late. Section 2. The following general progressive discipline guidelines will be applied for tardiness. Prior to applying these guidelines the Village will consider any mitigating circumstances disclosed by the employee. VIOLATION DISCIPLINE 4 times in a 6 month rolling period Verbal warning 5 times in a 6 month rolling period Written warning 6 times in a 6 month rolling period Suspension w/o pay more than 6 times in a 6 month rolling period Termination of employment Page 38 of 52 {00329284.12 1823-9704441} ARTICLE 28 –PROBATION Section 1. New Hire Probation. All new bargaining unit Employees will be subject to a 180 day probationary period. The VILLAGE may extend the probationary period up to an additional ninety (90) days, following consultation with the FEDERATION and the employee, if it is determined by management that an employee requires additional observation for a determination to be changed from probationary to full-time, regular status. A probationary employee may be released from work without a statement of cause and the release is not subject to grievance or appeal. Section 2. Promotional Probation. Employees promoted within the bargaining unit shall serve a 90 day probationary period during which time they may be returned at their request to their former position. When the Village determines that the promoted employee is not performing in the new position to the level expected by the Village, the Village may return the employee to their former position or another available position, but in either case, the Village’s decision the return is not subject to grievance or appeal. Section 3. Performance Based Probation. An employee who does not achieve a sSatisfactory lLevel 1 evaluation or above will be placed on probation for a period of 90 days. At the commencement of the 90 day period, the employee will be counseled and given measurable performance improvement goals. The employee will receive a progress review at the 30th and 60th day of the probationary period. The dates and times of the evaluations shall be set forth in the performance improvement plan and a copy will be sent to the Union Business Representative. The employee may be accompanied at each evaluation by a Union Steward and/or a Union Business Representative. The role of the Union Steward and/or Union Representative is limited to observation but the Union Steward and/or Union Representative may provide the Village Manager with post evaluation meeting comments provided the comments are in writing and made within five (5) business days following each evaluation. At the conclusion of the 90 day probation period, the employee will be re-evaluated. An employee who does not achieve a sSatisfactory lLevel 1 performance evaluation after re-evaluation will be separated from Village employment. Separation from service under this circumstance is not subject to grievance or disciplinary appeal. Page 39 of 52 {00329284.12 1823-9704441} ARTICLE 29 – FEDERATION RIGHTS AND PRIVILEGES Section 1. The VILLAGE agrees to release up to two (2) members of the bargaining unit from their regular job responsibilities in order that they may begin negotiations at a time mutually agreeable to both the bargaining unit and the VILLAGE with pay. Section 2. The Employer agrees to furnish the FEDERATION with a list of the names, addresses, phone numbers, employee classifications, annual and hourly salary of the Employees within the bargaining unit as of the date of execution of this Agreement, unless production of the information is prohibited by law. Should the FEDERATION desire revised and updated hereafter, the Employer will provide them upon written request within thirty (30) days of the Employer’s receipt of such written request and the payment, in advance, of the costs of preparation and copying of such lists. Provided, however, that such request shall not be made more often than quarterly. Section 3. A duly authorized representative of the FEDERATION will be permitted to communicate official FEDERATION business to members of the FEDERATION to the extent that the members’ job responsibilities and duties are not interfered with or disrupted in any manner and that no time is lost on the job. The FEDERATION representative shall comply with all applicable rules and regulations of the Employer concerning visitors to VILLAGE property. Section 4. Upon ratification of this agreement, the Employer will furnish FEDERATION with a current copy of all written personnel regulations. The VILLAGE will forward any subsequently adopted personnel regulations to the FEDERATION within 14 days of their adoption. Section 5. Each employee who so chooses may annually contribute up one day of annual leave to the FEDERATION time pool. The employee shall indicate this choice in writing to the Human Resources Director or his/her their designee. The pool time shall be available for FEDERATION representatives, not to exceed three employees per year to conduct FEDERATION business, other than collective bargaining negotiations, such as conferences and steward training, provided that: (1) A written request for the use of FEDERATION pool time is submitted to the Department Head or his/her their authorized representative at least seven (7) days in advance of the requested time off. (2) Sufficient manpower is available in the regular shift to maintain efficiency of operations during the absence of the FEDERATION officers and/or agents as determined by the Department Head or his/her their designated representative. Page 40 of 52 {00329284.12 1823-9704441} Section 6. The Employer will provide the FEDERATION bulletin boards to be located in mutually agreed upon locations to be used solely by the FEDERATION for posting notices. Notices shall be restricted to the following types, except that additional notices may be posted by mutual, written consent of the parties: A. Notices of FEDERATION recreational and social affairs. B. Notices of FEDERATION elections, appointments, and results of FEDERATION elections. C. Notices of FEDERATION meetings and educational classes. D. Notices of official FEDERATION business; and E. Any material deemed informative to the general membership The bulletin boards shall not be used by the FEDERATION or its members to distribute political pamphlets or any other type of political matter, or for advertising. The FEDERATION agrees not to post any material defamatory to the VILLAGE, or its representatives on the bulletin boards. All notices shall clearly state that they are “FEDERATION Notices.” A copy of all FEDERATION notices that are to be put on said bulletin board shall be forwarded to the VILLAGE Manager’s office. Page 41 of 52 {00329284.12 1823-9704441} ARTICLE 30 – WORK ASSIGNMENTS Section 1. Any Employee temporarily assigned to a lower pay grade classification shall be compensated at the rate of pay received in his/her their regularly assigned pay grade classification. Section 2. It is specifically recognized as reflected in the unit position job descriptions that the very nature of the services provided by the VILLAGE of North Palm Beach demands flexibility in job assignments and job description and the Employer may temporarily assign tasks not common to a particular job description. Section 3. Reserved Section 4. In the event an Employee is directed to temporarily work in a higher pay grade, that Employee shall be paid five percent (5%) above the individual’s present base rate for the period of time worked. Page 42 of 52 {00329284.12 1823-9704441} ARTICLE 31 – OFF-DUTY EMPLOYMENT Section 1. An employee may engage in off-duty employment to the extent that said off-duty employment does not interfere with the performance of the employee’s duties for the VILLAGE of North Palm Beach. Section 2. An employee’s off-duty employment may not create a conflict of interest; may not be performed during the employee’s VILLAGE workday; may not involve use of VILLAGE equipment, property, or supplies; or otherwise infringe on his or her ability to perform their job with the VILLAGE in a satisfactory manner. Section 3. Disputes over whether an employee’s off-duty employment creates a conflict of interest shall be submitted to the State Ethics Commission for an advisory opinion. The parties agree, however, that the opinion of the commission shall be binding upon them. An employee may continue to work at his/her their off-duty position during the pendency of the request for an opinion, but does so at his/her their own peril. Section 4. Village employees may not wear Village uniforms or insignia when engaged in off duty employment. Page 43 of 52 {00329284.12 1823-9704441} ARTICLE 32 – POLITICAL ACTIVITY AND VOTING Section 1. Neither the FEDERATION nor the Employer will place any restrictions on Employees with regard to political activity. Employees may hold membership in or support any political party, run for or hold political office, vote as they choose, express their opinions and wishes on political issues and candidates, maintain partisan neutrality and attend political functions so long as these activities do not take place during the Employee’s working hours on VILLAGE property, or in such a manner as would interfere with the Employee’s duties during the Employee’s official hours of work. Employees shall not engage in political lobbying while in VILLAGE uniforms or when wearing VILLAGE insignia. Such activities shall not be conducted in violation of State conflict of interest statutes. Page 44 of 52 {00329284.12 1823-9704441} ARTICLE 33 – EDUCATION, TRAINING, AND PROMOTIONAL OPPORTUNITY Section 1. Employees who have obtained educational credits or training over and above the minimum education and training requirements for their position will be given special consideration for promotional opportunity. Section 2. Employees required to attend job-related training for any reason outside their normal working hours shall be compensated at premium rate of one and one-half (1 ½) times their regular hourly salary. However, seminars and conventions are not included with the meaning of the term “training”. Section 3. Vacancies in entry level positions within the bargaining unit in any classification in the Village shall be filled as far as practical by promotion of employees in the Village service following the procedures in the Policy and Procedures Manual but nothing herein shall limit the Village from hiring an outside candidate for any bargaining unit position. Section 4. Tuition Assistance Educational Reimbursement Program: See Miscellaneous Benefits Page 45 of 52 {00329284.12 1823-9704441} ARTICLE 34 – PENSION PLAN Section 1. All new hires after October 1, 2010 shall be eligible only for enrollment in the Village defined contribution plan. Page 46 of 52 {00329284.12 1823-9704441} ARTICLE 35 – WAGES Section 1. Year One (10/1/19-9/30/20) The first full pay period Ffollowing ratification, bargaining unit employees employed by the Village on the date of ratification who receive a successful or higher evaluation on their previous performance evaluation will receive a one-time bonus of $1,000.00, subject to customary taxes and withholding s. Additionally, employees who are not topped out will receive 3% base wage adjustment of not less than 2% and not more than 7% the first pay period following annual evaluations in April 2020 provided they have achieved a “Successful Level 1” or higher performance evaluation using the current performance measurement process. Increases over pay range maximum shall be paid as lump sum payments of $900.00 for a Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of Exceptional Level II. The Village will form a performance pay study group to which the Union may appoint three (3) members. The task of the committee is to recommend a performance rating schedule under which performance pay may be earned. The work of the committee will be concluded by June 1, 2018. The recommendation of the committee is non-binding. Year Two (10/1/2018-9/30/2019) (10/1/20-9/30/21) Effective the second pay period in October 2020 10/1/2018 each bargaining unit employee who received a “Successful Level 1” or higher on their previous performance evaluation will receive a one-time bonus of $750.00, subject to customary taxes and withholding s. Additionally, employees who are not topped out and who were employed by the Village on the date of ratification will receive a 4% base wage adjustment of not less than 2% and not more than 6 %, plus an additional 2% base wage adjustment on 4/1/2019 the first pay period following annual evaluations in April 2021 provided they have achieved a "Successful Level 1" or higher performance evaluation using the performance measurement process in use at the time of evaluation. Year Three (10/1/21-9/30/22) Effective the second pay period of October 2021, each bargaining unit employee who received a “Successful Level 1” or higher on their previous performance evaluation will receive a one -time bonus of $500.00, subject to customary taxes and withholding s. Additionally, employees who are not topped out will receive a base wage adjustment of not less than 2% and no t more than 6% the first pay period following annual evaluations in April 202 2 provided they have achieved a "Successful Level 1" or higher performance evaluation using the performance measurement process in use at the time of evaluation . Page 47 of 52 {00329284.12 1823-9704441} Section 2 Employees on new hire (not promotional) probation when the increases in Year One, and Year Two, and Year Three take effect will not receive their wage increase until they pass probation. Section 3 2. Employees will be paid bi -weekly. Section 4 3 . No employee shall receive a base wage increase over the maximum salary (top-out) established in the VILLAGE pay plan. Increases over pay range maximum (topped out employees) shall be paid as lump sum payments of $900.00 $1,500.00 for a Successful Level I through Exceptional Level I evaluation and $1200.00 $1,800.00 for an evaluation of Exceptional Level II or higher. Bargaining unit employees who are not topped out but whose percentage wage increases in any year of this Agreement would put them above the maximum of their pay range will receive a prorated percentage increase to take them to top out on that year and will receive the remainder of the applicable increase as a one-time lump sum payment which portion will not be added to the base wage. Section 5 4. No lump sum payment will be made for an evaluation of Development Required through Below Standards. Employees in Year One, Year Two, and Year Three who receive an evaluation score that converts to Below Standards or lower will initially not receive a wage increase and will be placed on Performance Based Probation pursuant to Article 28, Section 3. If the employee’s performance improves above Below Standards, the employee will receive the wage increase corresponding to the improved score commencing the next pay period. Section 6. Employees shall be given a copy of their Performance Evaluation form and sh all be entitled to discuss it with their supervisor in accordance with established procedures. Performance evaluations may not be grieved or appealed but: a. If an employee asserts that their evaluation score was influenced by discriminatory bias on the part of an evaluator, the employee may request review by the Human Resources Director. The employee may be accompanied by a Union Business Agent. The Human Resources Director’s disposition of evaluation will be the Village’s final administrative review step. b. In all cases, the employee may submit a written rebuttal or supplemental statement and that document will be appended to the evaluation and placed in the employee’s personnel file. Page 48 of 52 {00329284.12 1823-9704441} ARTICLE 36 – MISCELLANEOUS Section 1. The terms and conditions of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary mutual written consent of the parties. Section 2. This Agreement shall supersede any ordinances, regulations, or practices of the VILLAGE, promulgated and adopted by the VILLAGE Council. The FEDERATION agrees that all employees covered under this agreement shall comply with all Personnel Rules and Regulations, including those relating to conduct and work performance. In the event of a conflict between the terms of this Agreement and the terms of the Personnel Rules and Regulations, the terms of this Agreement prevail. Section 3. The parties agree to an adjustment of miscellaneous benefits/incentives as is set forth in Section 15 of the comprehensive pay plan document. The miscellaneous benefits/incentives set forth in the Annual Comprehensive Pay Plan may address benefits not specifically addressed in this Agreement. If a benefit is provided to Village employees in the Annual Comprehensive Pay Plan and not addressed in the Agreement, the Annual Comprehensive Pay Plan benefit will be provided to bargaining unit employees as though it were contained in this Agreement. If a benefit is addressed in this Agreement and also in the Annual Comprehensive Pay Plan, this Agreement will control. Section 4. The VILLAGE will provide a sufficient number, as determined by the VILLAGE, of uniforms suitable to the employee’s job. In addition, the VILLAGE will provide uniform cleaning service for employees required to wear uniforms. The VILLAGE will reimburse employees for VILLAGE approved safety shoes once per year in an amount not to exceed $150.00, if required, or the VILLAGE will establish an annual shoe allowance of $150.00 payable through the employee’s normal VILLAGE payroll process. A shoe allowance of one hundred fifty ($150.00) dollars per year shall be paid to all bargaining unit membersemployees in the following positions during the first pay period in October: Trades Mechanic, Vehicle Mechanic, Mechanical Systems Coordinator, Sanitation Driver/Operator, Equipment Operator, Irrigation Technican, Sr. Irrigation Technican, Street Maintenance Worker, and Grounds Maintenance Worker.. The Union and the Village will work together to attempt to select a Boot Truck service. Page 49 of 52 {00329284.12 1823-9704441} ARTICLE 37 – CALL-BACK/EMERGENCY COMPENSATION Section 1. If an employee is called back to work for an emergency or called back outside of his/her their scheduled hours for that work week, the employee shall receive the greater of two (2) hours of pay or the actual number of hours worked, which shall be computed at a premium rate of time and one half (1 ½) the employees regular rate of pay. Example: an employee called back for thirty (30) minutes of work shall be paid for two (2) hours at time and one half. An employee called back for four (4) hours shall be paid for four (4) hours at time and one half. The Department Head and/or Superintendent shall create a schedule for call out and shall rotate the assignments of call-back/on-call overtime to employees in the following positions using that list and as equally as practicable based upon their qualifications for the assignment, distributed on a rotating basis by the departmental seniority of the person. List of positions: Grounds Maintenance Worker, Street Maintenance Worker, Irrigation Technician, Senior Irrigation Technician, Sanitation Driver/Operator, Trades Mechanic, Senior Trades Mechanic. An employee on the call out list will be paid standby pay in the amount equal to one (1) hour of base pay for each 24 hour period the employee is designated to be on standby. Standby pay is in addition to call out pay. An employee on standby who fails to report to work within forty-five (45) minutes of call out is subject to the following discipline, subject to adjustment for mitigation circumstances:  first occurrence result in a written warning  second occurrence results in termination An employee may swap one 24 hour period during a weekly on call status with a co-worker, provided the request is made to and approved by the Department DirectorHead 12 hours in advance of the swap. Section 2. Call back premium pay is excludable from the regular rate of pay for the purpose of overtime calculation. Page 50 of 52 {00329284.12 1823-9704441} ARTICLE 38 – CERTIFICATION INCENTIVE See Miscellaneous Benefits. The maximum number of certifications that the Village will pay for is three (3). Page 51 of 52 {00329284.12 1823-9704441} ARTICLE 39 – TERM OF AGREEMENT Section 1. This Agreement shall be effective from date of ratification, and shall remain in full force and effect for a term from date of ratification to the 30th day of September2019 2022. No base wage increase, performance based increase or cost of living adjustment shall be paid beyond September 30th of 20222019 except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement as may be negotiated by the parties modifying the Wage Article of the collective bargaining agreement. Section 2. The VILLAGE and the FEDERATION agree to commence bargaining for a successor agreement on or about June 30th,2019 2022. Section3. By entering into this Agreement, the VILLAGE and FEDERATION acknowledge that they have resolved all disputes between them, including but not limited to pending or threatened ULPs or Grievances. Page 52 of 52 {00329284.12 1823-9704441} SIGNATURE PAGE APPROVAL Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the FEDERATION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement reached by the negotiators through bargaining. This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been ratified by the VILLAGE Council and by the employees who are members of the bargaining unit. THE VILLAGE OF NORTH PALM BEACH By:________________________________ ANDY LUKASIK, VILLAGE MANAGER Dated:_______________________ _____________________________(following Council ratification) MAYOR ______________________________ VILLAGE CLERK FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, ________________________________________ PRESIDENT By:_____________________________________ GUY T. MASTERS, Business Representative Date of Ratification by Bargaining Unit:__________________________ Date of Ratification by the VILLAGE:_______________________________ VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Council FROM: Andrew D. Lukasik, Village Manager DATE: February 13, 2020 SUBJECT: RESOLUTION – Awarding a Contract to D.S. Eakins Construction Corporation in the amount of $67,793.05 for Directional Boring for a Force Main and the Installation of an ADA-Compliant Sidewalk at the North Palm Beach Country Club During the course of the North Palm Beach Country Club Clubhouse Construction Project, Seacoast Utility Authority (SUA) required the Village to relocate a force main that serves the Tennis Facility onto the Village’s property. Additionally, an ADA-compliant sidewalk is required by law to accommodate patrons into the property. Staff attempted to work with Weitz Construction to perform this task; however, Weitz was unable to provide a construction cost to perform the work. SUA would not close out this project until the force main relocation was complete. The Country Clubhouse Project is in the final stages of completion. In order to assure the Village will get final inspections and a release from SUA, this work needed to be completed as expeditiously as possible. Therefore, Village requested a proposal from D.S. Eakins Construction Corporation utilizing pricing set forth in City of Palm Beach Gardens Agreement No. ITB2014-031PW. This Agreement is currently in effect and was recently amended to provide for a new expiration date of January 31, 2021. The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other state and local government contracts where the contract is both active and no older than eighteen (18) months from the date of the requested purchase. To secure better pricing, Village Staff is requesting a waiver of the eighteen (18) month requirement. Account Information: Fund Department Account Number Account Description Amount Capital Projects Country Club Clubhouse Project K7600-66210 Construction and Major Renovation $67,793.05 The attached Resolution and Contract have been prepared/reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Contract with D.S. Eakins Construction Corporation in the amount of $67,793.05 for the relocation of existing force main and the installation of an ADA-compliant sidewalk pursuant to pricing established in an existing Agreement with the City of Palm Beach Gardens, with funds expended from Account No. K7600-66210 (Country Club Clubhouse Project - Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2020-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION CORP. FOR THE RELOCATION OF A FORCE MAIN AND THE INSTALLATION OF AN ADA COMPLIANT SIDEWALK AT THE NORTH PALM BEACH COUNTRY CLUB PURSUANT TO PRICING ESTABLISHED IN AN AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS WITH THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of contractor to relocate a force main and install an ADA-compliant sidewalk at the North Palm Beach Country Club; and WHEREAS, Village Staff recommends that a Contract be awarded to D.S. Eakins Construction Corp. pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Project s (ITB2014-031PW) with the City of Palm Beach Gardens; and WHEREAS, the Village Council waives any conflicting purchasing policies and procedures and determines that the adoption of this Resolution is in the best interests of the citizens and residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with D.S. Eakins Construction Corp. for relocation of a force main and installation of an ADA-compliant sidewalk at the North Palm Beach Country Club pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Projects (ITB2014-031PW) with the City of Palm Beach Gardens and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed $67,793.05, with funds expended from Account No. K7600-66210 (Country Club Clubhouse Project - Construction & Major Renovation). Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK HOURLY PROPOSAL POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403 PHONE: (561) 842-0010 FAX: (561) 842-0009 To: Village of North Palm Beach Date:11/25/2019 Attn: Chuck Huff Quote Num:19-0039-3 Phone:(561) 904-2139 Page:1 of 3 Email:chuff@village-npb.org Job Location: North Palm Beach Country Club - Force Main Relocation & Additional Sidewalk Dear Mr. Huff, The following is a quote from D. S. Eakins Construction Corp. for the above referenced project based on City of Palm Beach Gardens Misc Public Works Contract # ITB2014-031PW. Item #Description Price Labor & Equipment 88 Construction Crew "B"100.0 Hours @ $350.00 Per Hour $35,000.00 94 Dump Truck 40.0 Hours @ $70.00 Per Hour $2,800.00 Total Labor Estimate =$37,800.00 Materials & Subcontractors 4" DR11 DIPS HDPE 350.0 LF @ $4.25 Per LF $1,487.50 4" DR11 DIPS HDPE Flange Adaptor 1.0 EA @ $125.00 Per EA $125.00 4" SS FLG Accessory Kit 1.0 EA @ $99.00 Per EA $99.00 4" DR11 MJ Adaptor w/ Gland & Acc 1.0 EA @ $100.00 Per EA $100.00 4" MJ DI LP Sleeve, 401-Lined 1.0 EA @ $180.00 Per LF $180.00 4" MJ PVC Transition Gasket 1.0 EA @ $6.00 Per LF $6.00 4" MJ PVC Restraints w/ Acc 2.0 EA @ $50.00 Per EA $100.00 4" PVC C900 Sand MH Coupling 1.0 EA @ $90.00 Per EA $90.00 4" PVC Van Stone Flange Adaptor 1.0 EA @ $25.00 Per EA $25.00 4" SCH40 PVC Pipe 20.0 LF @ $2.25 Per LF $45.00 4" SCH40 PVC Tee 1.0 EA @ $15.00 Per EA $15.00 4" SCH40 PVC 45 Elbow 1.0 EA @ $13.00 Per EA $13.00 Directional Drill 4" HDPE Pipe 350.0 LF @ $38.00 Per LF $13,300.00 Quantity Unit Price Job Description: Relocate existing force main by Directional Drill New 4" Force main and connect to Sanitary Manhole. Cut & Cap old Forcemain, Restore areas & pour new sidewalk on north side of new parking lot. HOURLY PROPOSAL POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403 PHONE: (561) 842-0010 FAX: (561) 842-0009 To: Village of North Palm Beach Date:11/25/2019 Attn: Chuck Huff Quote Num:19-0039-3 Phone:(561) 904-2139 Page:2 of 3 Email:chuff@village-npb.org Job Location: North Palm Beach Country Club - Force Main Relocation & Additional Sidewalk Dear Mr. Huff, The following is a quote from D. S. Eakins Construction Corp. for the above referenced project based on City of Palm Beach Gardens Misc Public Works Contract # ITB2014-031PW. Item #Description Price Materials & Subcontractors (Cont'd) Seal & Weld Agru-Liner Sanitary Manhole 1.0 EA @ $850.00 Per LF $850.00 Type S-III Asphalt 6.0 Ton @ $80.00 Per Ton $480.00 Survey, Asbuilts & Densities (Allowance)$3,500.00 Ground Penitrating Locating Services $800.00 Permits or Permit Fees Not Included Sod, Landscaping and Irrigation Repair or Replacement Not Included 95 10% Markup $2,121.55 Crushed Concrete Base 12.0 CY @ 13.00 Per CY $156.00 5 F & I 4" Concrete with Polypropylene Fiber 1,000.0 SF @ 5.75 Per SF $5,750.00 16 F & I of ADA complaint Detectable Surface 15.0 SF @ 50.00 Per SF $750.00 Total Material & Subcontractor Estimate =$29,993.05 Total Estimate =$67,793.05 Respectfully, D. Steven Eakins Vice President D. S. Eakins Construction Job Description: Relocate existing force main by Directional Drill New 4" Force main and connect to Sanitary Manhole. Cut & Cap old Forcemain, Restore areas & pour new sidewalk on north side of new parking lot. Quantity Unit Price HOURLY PROPOSAL POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403 PHONE: (561) 842-0010 FAX: (561) 842-0009 To: Village of North Palm Beach Date:11/25/2019 Attn: Chuck Huff Quote Num:19-0039-3 Phone:(561) 904-2139 Page:3 of 3 Email:chuff@village-npb.org Job Location: North Palm Beach Country Club - Force Main Relocation & Additional Sidewalk Schedule Task Name 19-0039 VNPB - Country Club Forcemain Relocation & Additional Sidewalk 10.0 Days Mobilize, Pothole utilities, Set up Mot Sawcut/Remove asphalt & base, & determine line & grade. 1.5 Days Deliver Pipe, Fuse pipe & Assist in installing drill pipe 1.5 Day Pressure test pipe, Construct inside drop & Reconstruct portion of invert 2.0 Days Connect Forcemain on both ends, Flush existing Forcemain & Cap existing Forcemain 2.0 Days Grade for new sidewalk, Install base, Finish base, Prime base and Pave.2.0 Days Grade behind back of new sidewalk, cleanup & demobilize 1.0 Days Duration *Does Not Include: Mater meter, Water Usage, Relocation of other existing utilities, Repair/Relocation of Irrigation, Removal/Replacement of Unsuitable Materials, Permits, Permit Fees or additional items/changes requested by Sea Coast. Job Description: Relocate existing force main by Directional Drill New 4" Force main and connect to Sanitary Manhole. Cut & Cap old Forcemain, Restore areas & pour new sidewalk on north side of new parking lot. Page 1 of 5 CONTRACT This Contract is made as of this _______ day of ______________, 2020, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and D.S. EAKINS CONSTRUCTION CORP., P.O. Box 530185, Lake Park, Florida 33403, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 59-1691997. RECITALS WHEREAS, the VILLAGE is in need of a contractor to relocate a force main and construct and ADA-compliant sidewalks at the North Palm Beach Country Club; and WHEREAS, the City of Palm Beach Gardens, through its competitive selection process, awarded an Agreement for Miscellaneous Public Works Projects (ITB2014-031PW) (“PBG Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that the CONTRACTOR provide the requested services based on the pricing established in the PBG Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the PBG Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. PBG Contract. The City of Palm Beach Gardens’ Agreement for Miscellaneous Public Works Projects (ITB2014-031PW) (“PBG Contract”) with CONTRACTOR, attached hereto as Exhibit “A,” is incorporated herein by reference. 3. CONTRACTOR’s Services and Time of Completion. A. In accordance with the terms and conditions of the PBG Contract and at the direction of the VILLAGE, CONTRACTOR shall perform the services in accordance with its Proposal dated November 25, 2019, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference. B. The total cost of such services shall not exceed $67,793.05. C. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed. Page 2 of 5 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract B. Exhibit “A” (PBG Contract) C. Exhibit “B” (CONTRACTOR’s Proposal) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Period and Renewals. This Contract shall be for the term as indicated in the PBG Contract. Extensions or renewals to the PBG Contract or any modification including new products, terms, or price changes to the PBG Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the PBG Contract expires and no new contract is let by the PBG, VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the PBG Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. Page 3 of 5 C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver p rovided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty/Guaranty. Unless a longer period is stated in the PBG Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The V ILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. 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. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to Page 4 of 5 which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. Page 5 of 5 H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. D.S. EAKINS CONSTRUCTION CORP. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DARRYL C. AUBREY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY North Palm Beach Police Department 0:00:00 1:12:00 2:24:00 3:36:00 4:48:00 6:00:00 7:12:00 Emergency Non-Emergency 2018 2019 Jan. –Dec., 10-Year Statistics 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019Murder0000000000 Sexual Assault 1 0 2 0 4 1 0 1 0 1 Robbery 9 9 13 6 5 1 2 5 5 2 Aggravated Assault 14 10 4 8 10 9 8 10 7 5 Stolen Vehicle 22 14 11 8 20 14 17 18 14 17 Burglary to Residence 66 39 64 38 59 27 33 17 7 10 Burglary Non Residence 14 17 14 7 16 10 11 2 5 4 Burglary to Vehicle 55 31 44 33 58 50 38 33 25 23 Theft 139 131 106 105 135 85 74 67 54 57 TOTALS:320 251 258 205 307 197 184 154 117 121 Jan. –Dec., 2-Year Statistics Jan.-Dec. 18 Jan.-Dec.19 -/+% ChangeMurder0000.0 Sexual Assault 0 1 0 100.0Robbery 5 2 -3 -60.0 Aggravated Assault 7 5 -2 -28.6Aggravated Stalking 0 2 2 200.0Stolen Vehicle 14 17 3 21.4 Burglary to Residence 7 10 3 42.9 Burglary Non-Residence 5 4 -1 -20.0Burglary to Vehicle 25 23 -2 -8.0 Theft 54 57 3 5.6 TOTALS:117 121 4 3.4 Arrests:175 129 -46 -26.3 2019 Annual Clearance Rate for The North Palm Beach Police Department is 36.4% 17 2 67 33 18 575 54 25 14 5104 57 23 17 2 Residential Burglaries Non Residential Burglaries Theft Auto Burglaries Stolen Vehicles Strong-Arm Robberies 0.00 2,000.00 4,000.00 6,000.00 8,000.00 10,000.00 12,000.00 Lake Park / PBSO North Palm Beach PD Palm Beach PD Rivera Beach PD Palm Beach Gardens PD 10,193.70 928.9 1,338.20 4,927.90 2,773.20 Crime Rate Per 100,000 POLICE FISCAL DATA FY 2019 Accident Reports & I.D $968.30 Court Fines $14,678.68 $12.50 Revenue $8,266.75 False Alarm Fines $3,650.00 Alarm Users Permit Fees $20,975.00 Outside Services $121,402.04 Impound Vehicles $250.00 Seized Tag Payment $200.00 Law Enforcement Trust Fund (LETF)$387.09 Misc. Revenues (surplus vehicles & equipment) $9,249.20 Equipment Donations $2,000.00 Personnel, Volunteers & Reserve Officers $14,547.11 TOTAL:$196,574.17 STRENGTHS: •The Police Department continues to receive strong resident,council,and manager support.This provides a wide latitude to accomplish goals and develop new strategies based on current trends to reduce crime. WEAKNESSES: •Staffing/Overtime OPPORTUNITIES: •Increase staffing and continue to leverage technology THREATS: •Mission Creep and overlap crime from neighboring communities NORTH PALM BEACH POLICE DEPARTMENT SWOT ANALYSIS