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05-27-2021 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 27, 2021 501 U.S. HIGHWAY 1 7:30 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with applicable social distancing guidelines issued by the Centers for Disease Control and Prevention (“CDC”) to combat the spread of COVID-19, the Village of North Palm Beach shall utilize communications media technology to facilitate and encourage public participation in this meeting electronically, via internet access or telephone. The Village is physically reintroducing the public to its meetings while still adhering to CDC guidelines. A limited number of members of the public will be permitted in the Council Chambers on a first come, first served basis; however, seating capacity in the Council Chambers is limited due to the presence of staff and others scheduled to appear before the Council. In addition to the Council Chambers, approximately 25 people will be able to participate from the Village Library’s Obert Room. Access to the Obert Room during the Council meeting will also be on a first come, first served basis. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/85219921826?pwd=blMrR09jRm1vUW94Y0FvWlRHV3FHUT09 Meeting ID: 852 1992 1826 Passcode: 740305 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 852 1992 1826 Passcode: 740305 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Form. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, May 27, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held May 13, 2021 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 2. 1ST READING OF ORDINANCE 2021-07 – CODE AMENDMENT – BALLOONS AND SKY LANTERNS Amending Article I, "In General," of Chapter 19, "Offenses and Miscellaneous Provisions," of the Village Code of Ordinances by adopting a new Section 19-3, "Balloons and Sky Lanterns;" providing for definitions, prohibitions, exemptions and enforcement. 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. RESOLUTION – Approving an Interlocal Agreement with the City of Palm Beach Gardens for Public Safety Dispatch Services; and authorizing execution of the Agreement. 4. Receive for file Minutes of the Police and Fire Pension Board meeting held 2/9/21. OTHER VILLAGE BUSINESS MATTERS 5. RESOLUTION – LADDER TRUCK LEASE Consider a motion to adopt a resolution approving the acquisition of a Sutphen Model SL75 Ladder Truck utilizing pricing established in an existing National Purchasing Partners Cooperative Agreement; approving execution of a Participating Agency Endorsement and Authorization and Purchase Agreement with Sutphen; approving a Ten-Year Lease Agreement with Pinnacle Public Finance, Inc. for a total annual cost of $111,796.57; and declaring one 1996 Pierce Quintuplet Fire Apparatus as surplus and authorizing its disposal. 6. RESOLUTION – BREATHING AIR COMPRESSOR PURCHASE Consider a motion to adopt a resolution approving the purchase of one Bauer Unicus Breathing Air Compressor System utilizing pricing established in a National Purchasing Partners Cooperative Agreement at a cost of $63,890.34; approving the execution of a Participation Agency Endorsement; authorizing the Amendment of the Capital Projects Fund Budget to transfer $63,891 from the Capital Reser ve Account to the Fire-Machinery and Equipment Capital Account; and declaring one existing Air Compressor System as surplus and authorizing its disposal. Regular Session Agenda, May 27, 2021 Page 3 of 3 7. RESOLUTION – 2ND AMENDMENT TO CROSS PARKING AGREEMENT Consider a motion to adopt a resolution approving a Second Amendment to the Cross Parking Agreement with First Unitarian Church to extend the term through September 30, 2022. 8. RESOLUTION – BUDGET AMENDMENT – LAKESIDE PARK PLAYGROUND RENOVATION Consider a motion to adopt a resolution authorizing an Amendment to the Capital Projects Fund Budget to transfer $35,000 from the Capital Reserve Account to the Recreation - Construction and Major Renovation Capital Account to fund the Lakeside Park Playground Renovation Project. 9. RESOLUTION – EMERGENCY CHILLER PURCHASE Consider a motion to adopt a resolution approving the emergency purchase of a chiller from Carrier Corporation for the Public Safety Facility at a total cost of $99,499.52. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 10. Anchorage Park Dry Storage Update 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 this 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. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 13, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held April 22, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Judy Pierman, 560 Greenway Drive, thanked Council for serving the community and informed them that two former Councilmembers, Harriet Nolan and The Honorable Walter N. Colbath, Jr. had recently passed away. Mrs. Pierman announced the date, time and location of Mr. Colbath’s Memorial Service. INTERVIEWS OF ADVISORY BOARD APPLICANTS The following persons were interviewed by the Village Council: George Alger Nina Balgar Monique Belanger Jacques Bories Rita Budnyk Sandra Felis Veronica Frehm Marshall Gillespie Linda Grant Stephen Heiman Catherine Hennessey Scott Hicks David Hoecker Adam Jones Nathan Kennedy Mark Michels Hollis Mighdoll Kim Pasqualini Tom Price Amber Privett Orlando Puyol Chip Sebree Leanne Schmitt Robert Silvani Elizabeth Smiley Carol Wood Draft Minutes of the Village Council Regular Session held May 13, 2021 Page 2 of 6 RESOLUTION 2021-36 – APPOINTING MEMBERS TO VILLAGE BOARDS By written ballots, the originals of which are attached to the minutes of record, the Council appointed members to Village boards, as follows: Audit Committee: Ed Katz, Don Kazimir and Marie Silvani. Business Advisory Board: Nina Balgar, Veronica Frehm, Marshall Gillespie, Adam Jones, Nathan Kennedy, Ronald Lantz and David Talley. Environmental Committee: Ellen Allen, Camille Carroll, Lisa Interlandi, Karen Marcus, Mary Phillips, Shawn Woods, and Kendra Zellner. Golf Advisory Board: Jeff Egizio, Sandra Felis, Steve Mathison, Richard Pizzolato, Orlando Puyol, Landon Wells and Curtis Witters. Library Advisory Board: Brad Avakian, Tina Chippas, Christine Delguzzi, Bonnie Jenkins, Carolyn Kost, Leslie Metz and Phyllis Wissner. Planning Commission: Cory Cross, Kathryn DeWitt, Jonathan Haigh, Scott Hicks, Tom Hogarth, Nathan Kennedy and Donald Solodar. Recreation Advisory Board: Paul Beach, Bob Bell, Rita Budnyk, Maria Cassidy, Donald Grill, Stephen Heiman and Mia St. John. Waterways Board: George Alger, Mark Michels and Ed Preti. The Council reappointed members to Village Boards as follows: General Employees Retirement Board: Alan Kral and Jim Peterson. Infrastructure Surtax Oversight Committee: Cathy Graham, Karen Marcus, Mary Phillips, Beverly Robinson and Patty Sullivan. Thereafter, the names of those appointed and reappointed were entered into Resolution 2021-36. A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2021-36 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, BUSINESS ADVISORY BOARD, ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, INFRASTRUCTURE SURTAX OVERSIGHT COMMITTEE, LIBRARY ADVISORY BOARD, GENERAL EMPLOYEES RETIREMENT BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2021-36 passed unanimously. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS There were no ex-parte communications declared for the next two items. Draft Minutes of the Village Council Regular Session held May 13, 2021 Page 3 of 6 MOTION - DIMENSIONAL EXCEPTION APPLICATION FOR 708 LIGHTHOUSE DRIVE Community Development Director Jeremy Hubsch explained and described the applicant’s recreational vehicle location, its dimensions and the dimensions of the property. Mr. Hubsch showed pictures of the recreational vehicle, its screening and its location. Mr. Hubsch stated that staff was recommending approval of the dimensional exception request with the condition that if any trees or shrubs on the subject property that are currently providing screening are removed, the applicant must replace them on their property or the neighboring property within six months of their removal. Mayor Aubrey opened the public hearing on the Dimensional Exception Application for 708 Lighthouse Drive. There being no comments from the public, Mayor Aubrey closed the public hearing. A motion was made by Councilmember Norris and seconded by Councilmember Bickel to approve the Dimensional Exception Application for 708 Lighthouse Drive subject to the condition recommended by staff. Thereafter, the motion was approved unanimously. MOTION - DIMENSIONAL EXCEPTION APPLICATION FOR 837 DOGWOOD ROAD Mr. Hubsch explained and described the applicant’s recreational vehicle location, its dimensions and the dimensions of the property. Mr. Hubsch showed pictures of the recreational vehicle, its screening and its location. Mr. Hubsch stated that staff was recommending approval of the dimensional exception request with the condition that the applicant plants shrubs or trees with a minimum of 4 feet along the west property line that must be grown to screen the RV at 90 percent opacity within 2 years. The applicant must replace the chain-link gate with a suitable, properly anchored opaque material through review and inspection of a building permit and if any trees or shrubs on the subject property that are currently provide screening are removed, the applicant must replace them on their property or the neighboring property within six months of their removal. Mayor Aubrey opened the public hearing on the Dimensional Exception Application for 837 Dogwood Road. There being no comments from the public, Mayor Aubrey closed the public hearing. Discussion ensued between staff and Councilmembers regarding the conditions and time frame necessary for the applicant to bring the property into compliance. A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to approve the Dimensional Exception Application for 837 Dogwood Road subject to the condition recommended by staff with the additional requirement that the chain-link gate be replaced and the trellises that are attached to the fence be removed within 6 months. Thereafter, the motion was approved unanimously. Draft Minutes of the Village Council Regular Session held May 13, 2021 Page 4 of 6 CONSENT AGENDA APPROVED Councilmember Norris moved to approve the Consent Agenda. Councilmember Bickel seconded the motion, which passed unanimously. The following items were approved: Resolution approving the purchase of a Whirl-a-Round for the Anchorage Park playground from Playmore West, Inc. d/b/a Playmore Recreational Products & Services at a total cost of $9,468.35. Resolution approving a blanket purchase order for the Public Works Department with GT Supplies, Inc. in the amount of $30,000 for dumpsters and dumpster repairs and garbage truck parts and repairs. Receive for file minutes of the General Employees Pension Board meeting held 2/2/21. Receive for file minutes of the Golf Advisory Board meeting held 3/15/21. Receive for file minutes of the Environmental Committee meeting held 4/5/21. Receive for file minutes of the Planning Commission meeting held 4/6/21. Receive for file minutes of the General Employees Pension Board special meeting held 4/12/21. Receive for file minutes of the Recreation Advisory Board meeting held 4/13/21. RESOLUTION 2021-39 – AMENDING THE MASTER FEE SCHEDULE A motion was made by Councilmember Bickel and seconded by President Pro Mullinix to adopt Resolution 2021-39 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE MASTER FEE SCHEDULE ADOPTED AS PART OF THE FISCAL YEAR 2021 BUDGET TO REMOVE THE COLLECTION OF CREDIT CARD FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the purpose of the Resolution was to remove the credit card fees from the Master Fee Schedule. Mr. Lukasik stated that credit card fees were collected only for Country Club Memberships, Marina Storage Fees and Building Permits. The current process for administering the fee was done manually and was a burdensome and time consuming process for staff. After reviewing different software packages for Golf Operation and determining many of the software companies were not capable of charging separate credit card fees, staff recommended removing the collection of credit cards fees from the FY 2021 Master Fee Schedule. Discussion ensued between Councilmembers and staff regarding the removal of credit card fees from the Master Fee Schedule. Thereafter, the motion to adopt Resolution 2021-39 passed unanimously. RESOLUTION 2021-40 – GOLF CARTS, UTILITY HAULER, SHUTTLE, AND BEVERAGE CART LEASE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2021-40 entitled: Draft Minutes of the Village Council Regular Session held May 13, 2021 Page 5 of 6 RESOLUTION 2021-40 – GOLF CARTS, UTILITY HAULER, SHUTTLE, AND BEVERAGE CART LEASE continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM E-Z-GO, A DIVISION OF TEXTRON, INC., FOR THE LEASE OF EIGHTY GPS EQUIPPED GOLF CARTS , ONE UTILITY HAULER, ONE SHUTTLE AND ONE BEVERAGE CART PURSUANT TO PRICING ESTABLISHED IN AN EXISTING NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (N/K/A OMNIA PARTNERS, PUBLIC SECTOR) CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY LEASE AGREEMENTS AND RELATED DOCUMENTS IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman stated that the current lease for the golf carts at the Country Club was ending in November. Staff met with the three major manufacturers of golf carts and was recommending a lease with E-Z-GO since their lithium battery technology has been tested for over 4 years and included a 5-year warranty. Discussion ensued between Councilmembers and Mr. Bowman regarding the E-Z-GO golf carts and their features. Thereafter, the motion to adopt Resolution 2021-40 passed unanimously. RESOLUTION 2021-41– POLICE VEHICLE PURCHASE A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt Resolution 2021-41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2020 FORD INTERCEPTOR MARKED HYBRID UTILITY VEHICLE FROM BARTOW FORD PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CHARLOTTE COUNTY CONTRACT AND THE PURCHASE OF REQUIRED EQUIPMENT FROM DANA SAFETY SUPPLY PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CITY OF MIAMI CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Manager Susanne Hachigian explained that the new utility vehicle would be replacing the vehicle that was declared a total loss and surplused through the adoption of Resolution No. 2021-32. Mrs. Hachigian stated that the new vehicle was a demo model that Bartow Ford was holding for the Village. Bartow Ford was giving the Village a good price on the vehicle and the vehicle would be the Village’s first hybrid vehicle in its fleet. The hybrid vehicle would also save the Village in gas expense since it reduces engine idle time. Discussion ensued between Councilmembers and Mrs. Hachigian regarding the new hybrid vehicle purchase. Thereafter, the motion to adopt Resolution 2021-41 passed unanimously. Draft Minutes of the Village Council Regular Session held May 13, 2021 Page 6 of 6 VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey asked Council to consider changing the Regular Council meeting start time from 7:30 p.m. to 6:30 p.m. Mayor Aubrey distributed information that reflected the meeting times of all municipalities within Palm Beach County and stated that the Village was the only municipality that began their meetings at 7:30 p.m. Discussion ensued among Councilmembers regarding whether or not to change the start and end times of the Village’s Regular Council and Workshop meetings and what times would work best. Mayor Aubrey stated that it would only take a motion to change the Council meeting start time and asked Council to take time to consider the change and it could be decided on at the next scheduled Council meeting. Vice Mayor Searcy distributed information from the American Jewish Committee regarding the International Holocaust Remembrance Alliance (IHRA) and working definition of antisemitism. Vice Mayor Searcy stated that she had been asked to bring the information to Council to request a Resolution defining antisemitism. Vice Mayor Searcy stated that a number of municipalities in Palm Beach County had already passed a Resolution. All Councilmembers agreed to review the draft Resolution and to discuss it at the next scheduled Council meeting. Vice Mayor Searcy announced that it was Police Appreciation Week and thanked the Village’s Police Department and expressed her appreciation. Council expressed their appreciation for the Village’s Police Department. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik stated that he had an update on the American Rescue Plan Act and asked if Council wanted to hear the update or postpone it to the next scheduled Council meeting. Council agreed to hear the update on the American Rescue Plan Act at the next scheduled Council meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:36 p.m. VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Council FROM: Andrew D. Lukasik, Village Manager DATE: May 27, 2021 SUBJECT: ORDINANCE 1st Reading – Adoption to new Section 19-3 of the Village Code to prohibit the release of floating balloons and sky lanterns within the Village and prohibit the display, release or distribution of balloons on beaches and in public parks At the recommendation of the Environmental Committee, Village Staff is proposing the attached Ordinance regulating balloons and sky lanterns. The intentional and inadvertent release of floating balloons and sky lanterns into the atmosphere poses a significant threat to the environment and to marine life and wildlife that may ingest them. Additionally, marine life and other wildlife can mistake deflated balloons for food, and once ingested, the balloons damage their digestive systems and may lead to starvation and/or death. The attached Ordinance adopts a new Section 19-13 of the Village Code. This section:  Defines the terms atmosphere, sky lantern and floating balloon.  Makes it unlawful to release any floating balloon or sky lantern into the atmosphere from anywhere within the Village.  Prohibits the display, release or distribution of balloons of any kind on public beaches or in public parks (excluding the North Palm Beach Country Club).  Provides exceptions for indoor use or the use of floating balloons, sky lanterns or other devices by governmental agencies.  Allows for enforcement through code proceedings (including citations) and any other available legal or equitable means. Similar ordinances have been adopted by the Town of Juno Beach, the Village of Tequesta and the Town of Jupiter Inlet Colony. The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. There is no fiscal impact. Recommendation: Village Staff recommends Council consideration and approval on first reading of the attached Ordinance adopting a new Section 19-3 of the Village Code to prohibit the release of floating balloons and sky lanterns within the Village and to prohibit the display, release or distribution of balloons on public beaches and in public parks. Page 1 of 3 ORDINANCE NO. 2021-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4 GENERAL,” OF CHAPTER 19, “OFFENSES AND MISCELLANEOUS 5 PROVISIONS,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING 6 A NEW SECTION 19-3, “BALLOONS AND SKY LANTERNS;” PROVIDING 7 FOR DEFINITIONS, PROHIBITIONS, EXEMPTIONS AND ENFORCEMENT; 8 AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the intentional or inadvertent release of floating balloons or sky lanterns into the 11 atmosphere poses a significant threat to the environment and to marine life and wildlife that may 12 ingest them; and 13 14 WHEREAS, marine life and other wildlife can mistake deflated balloons for food, and once 15 ingested, the balloons damage their digestive system and may lead to starvation and/or death; and 16 17 WHEREAS, the Village Council determines that is in the best interests of the public health, safety 18 and welfare to prohibits, the display, release or distribution of balloons on public beaches or within 19 public parks and to prohibit the release of floating balloons and sky lanterns into the atmosphere 20 within the jurisdictional limits of the Village. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 23 OF NORTH PALM BEACH, FLORIDA as follows: 24 25 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 26 27 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 19, 28 “Offenses and Miscellaneous Provisions,” of the Village Code of Ordinances by adopting a new 29 Section 19-13 to read as follows (new language is underlined): 30 31 Sec. 19-13. Balloons and Sky Lanterns. 32 33 (a) Definitions. For the purpose of this section, the following words, 34 terms and phrases shall have the meanings ascribed herein except where the context 35 clearly indicates a different meaning: 36 37 Atmosphere means the troposphere, stratosphere or other layers of air and 38 gas that envelop the Earth. 39 40 Floating balloon means a balloon of any type inflated with gas that is lighter 41 than air. 42 43 Sky lantern means a device that requires a flame which produces heated air 44 trapped in a balloon-type covering allowing the device to float in the air. Sky 45 lanterns shall not include hot air balloons used for transporting persons. 46 47 48 Page 2 of 3 (b) Prohibitions. 1 2 (1) It shall be unlawful to release any floating balloon or any sky lantern 3 into the atmosphere within the jurisdictional limits of the village. 4 5 (2) For the protection of marine life and other wildlife, no person shall 6 display, release or distribute balloons of any kind on public beaches 7 or in public parks within the village. For the purpose of this section, 8 the term public park shall not include the North Palm Beach Country 9 Club. 10 11 (c) Exceptions. 12 13 (1) Display possession or release of floating balloons indoors; 14 15 (2) Display, possession or release of sky lanterns indoors; or 16 17 (3) Release of floating balloons, sky lanterns or other devices by a 18 governmental agency for meteorological or other bona fide 19 scientific or governmental purposes. 20 21 (d) Enforcement. The village may enforce this section through code 22 enforcement proceedings, including the issuance of code citations, or through any 23 other available legal or equitable means. 24 25 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 26 the Village of North Palm Beach, Florida. 27 28 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 29 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 30 such holding shall not affect the remainder of this Ordinance. 31 32 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 33 conflict herewith are hereby repealed to the extent of such conflict. 34 35 Section 6. This Ordinance shall take effect immediately upon adoption. 36 37 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 38 39 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 40 2021. 41 42 43 (Village Seal) 44 MAYOR 45 46 ATTEST: 47 48 49 VILLAGE CLERK 50 Page 3 of 3 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 VILLAGE OF NORTH PALM BEACH POLICE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Rick Jenkins, Police Chief DATE: May 27, 2021 SUBJECT: RESOLUTION – Approval of Interlocal Agreement with City of Palm Beach Gardens for Public Safety Dispatch Services Through the adoption of Resolution 2014-60 on September 11, 2014, the Village Council approved the first Interlocal Agreement with the City of Palm Beach Gardens for public safety communications dispatch services from the Palm Beach Gardens EOC Dispatch Center, now known as Northern Municipal Regional Communications Center or NorthCom. The current Interlocal Agreement expires on September 30, 2021, and the City of Palm Beach Gardens has presented the Village with a new, five-year Agreement through September 30, 2026. The Agreement is substantially the same as the prior Agreement, with a few minor revisions relating to the type insurance coverage (commercial general liability in lieu of “all risk”) and the method of providing notices (overnight delivery in lieu of registered or certified mail). The cost to the Village is determined annually based on the annual NorthCom budget prepared by the City of Palm Beach Gardens, as reviewed by the Executive Governing Board. The Village’s cost share is based on its percentage of the total population being served by NorthCom. The historical cost to the Village for these services is as follows: FY 2015 $332,444.00 FY 2016 $331,632.00 FY 2017 $378,096.00 FY 2018 $381,964.00 FY 2019 $409,220.00 FY 2020 $432,028.00 FY 2021 $448,244.00 The funds are budgeted annually and paid from the Police Department – Contractual Services Account (Account No. A5711-33491). Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Interlocal Agreement for Public Safety Dispatch with the City of Palm Beach Gardens and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF PALM BEACH GARDENS FOR PUBLIC SAFETY DISPATCH SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2014-60 on September 11, 2014, the Village Council approved the first Interlocal Agreement with the City of Palm Beach Gardens for public safety communications dispatch services; and WHEREAS, the current Interlocal Agreement expires on September 30, 2021, and Village Staff is recommending approval of a new Interlocal Agreement for a five-year term through September 30, 2026; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the health, safety and welfare 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 and are incorporated herein. Section 2. The Village Council hereby approves a new Interlocal Agreement with the City of Palm Beach Gardens for Public Safety Dispatch Services, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village. All costs associated with the Interlocal Agreement shall be paid from account No. A5711- 33491 (Police – Contractual Services). Section 3. All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page | 1 of 11 INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH BY AND BETWEEN THE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF NORTH PALM BEACH THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH (“Agreement”) is made and entered into this _____ day of ______________________, 2021 (the date of Agreement full execution) by and between the CITY OF PALM BEACH GARDENS (“PBG”) and the VILLAGE OF NORTH PALM BEACH (“NPB”), each being a municipality located in Palm Beach County, Florida, each being duly organized and existing under the laws of the State of Florida. W I T N E S S E T H: WHEREAS, the Florida Constitution and Chapter 166, Florida Statutes, provide for municipal home rule and powers; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into Interlocal Agreements for the performance of service functions of public agencies; and WHEREAS, PBG and NPB desire for PBG to provide public safety communications dispatch services for NPB’s public safety services, and PBG is willing to provide same from the PBG Emergency Operations Center (“EOC”) Dispatch Center (“Northern Municipal Regional Communications Center” or “NorthCom”) for a reasonable fee acceptable to the parties; and WHEREAS, each of said municipalities desire to enter into this Agreement and to perform it insofar as practicable for the uses and purposes herein expressed subject to and conditioned upon performance of the terms of this Agreement; and WHEREAS, PBG and NPB have determined that entering into and performing this Agreement will further the health, safety, and welfare of their citizens and businesses. NOW, THEREFORE, for and in consideration of the mutual agreements, terms, and conditions, the Parties hereby mutually agree as follows: 1. Recitals: The above recitals, incorporated and adopted herein, are true and correct. Page | 2 of 11 2. Authority for Agreement: By entering into this Agreement, each of the municipalities respectively represents to the other that it has full right and lawful authority to enter into and perform this Agreement and that it has fully considered, found, and determined that entering into and performing this Agreement is in the best interests of its citizens; and each of the municipalities respectively promises to the other to do all things and take all action necessary or appropriate to effect and implement this Agreement. The authority for this Agreement is found in Chapter 163 and Chapter 166, Florida Statutes. 3. Purpose: The purpose of this Agreement is to cooperate concerning public safety communications and dispatch services. 4. Definition of Terms: For the purposes of this Agreement, the terms set forth hereinbelow shall have the meanings as follows: A. “Contracting Municipality” shall mean any municipal corporation being served by PBG for public safety dispatch through NorthCom whose population is included for the purposes of determining each municipality’s cost share. B. “Executive Governance Board” (“EGB”) shall mean that executive body having the authority to review and make recommendations regarding the budget for NorthCom and the public safety dispatch level of service (LOS) and which municipal corporations may become contracting municipalities. C. “Budget” shall be construed to mean the annual financial and operating plan for NorthCom fiscal year. D. “Technical Advisory Committee” (“TAC”) shall mean the committee having the authority to monitor and recommend amendment s to the NorthCom Standard Operating Procedures and Response Protocols. E. “Standard Operating Procedures and Response Protocols” (“SOP”) shall mean the policies and practices that shall guide the response to calls for service and the delivery of emergency dispatch services. NorthCom SOPs will be developed by PBG with input from the TAC. F. Original Contracting Municipality (OCM) shall mean each of the municipalities of Palm Beach Gardens, Jupiter, and Juno Beach. Page | 3 of 11 5. Term: The term of this Agreement shall be for a period of five (5) years commencing on October 1, 2021, and terminating on September 30, 2026, unless sooner terminated in accordance with this Agreement. Single contract years commence on October 1st of each calendar year and end on September 30 th of the following calendar year. 6. Public Safety Communications and Dispatch Services: A. PBG Provision of Service: PBG agrees to provide Dispatch Service for PBG and NPB through its EOC Dispatch Center, operating and known as the Northern Municipal Regional Communications Center (“NorthCom”) for the term set forth in paragraph 5 unless or until this Agreement is otherwise terminated in accordance with the terms and conditions more particularly set forth herein. Specifically, PBG shall provide twenty-four-hour-per-day (24 hr/day) seven-day-per-week (7 day/week) staffing and dispatch services to NPB with such services to be in substantially the same manner, quality, form , and substance, including radio frequency and communications in accordance with the Municipal Public Safety Communications Consortium Agreement (MPSCC), computer access and searches, radio dispatch, and telephone answering service as that provided within PBG. NPB shall be responsible for the purchase and maintenance of all radios, client-side software, licenses and hardware, server software, licenses, and hardware unique to each community, and other equipment necessary in order to receive services from NorthCom. However, notwithstanding the foregoing, nothing contained herein will modify the terms or conditions of the MPSCC for radio communications that shall govern matters of radio communication pertaining to maintenance, infrastructure, operations equipment, and subscriber units. Communications consoles located in NorthCom are specifically exempt from the MPSCC. B. Recognition of Error: NPB recognizes there is a possibility that a given communication or dispatch, including, without limitation, a call for emergency service, may be inadvertently misrouted by reason of electronic, manual , or human error. W hen the misrouted communication or dispatch is an emergency Page | 4 of 11 call, each party agrees to use reasonable efforts to remedy the misrouting to the extent reasonable at the time and under the then -existing circumstances. C. Exclusive Command: All NorthCom personnel, equipment, facilities, and communications and dispatch services shall be and remain under the exclusive command, direction, management, and/or deployment of PBG through its Chief of Police or designee. The officials, employees, inhabitants, or other persons within the respective municipal boundaries of NPB shall not interfere with such command. D. Daily Operational Matters: NPB hereby acknowledges that NorthCom may receive simultaneous calls for separate accident s, police calls, fires, or other public safety concerns. In the event of such simultaneous calls, the judgment or direction and command of the Chief of Police of Palm Beach Gardens Police Department, or his/her senior officer on duty at the time, shall be binding and final as to which call should receive first, present , and future priority response and shall control such action and conduct. However, notwithstanding the foregoing, PBG’s Chief of Police shall enforce and comply with the NorthCom Standard Operating Procedures and Response Protocols to the extent practicable. 7. Administration: A. Identification: The PBG EOC Dispatch Center, although operated by PBG, shall be identified and publicly recognized as the “Northern Municipal Regional Communications Center” or “NorthCom.” B. Oversight and Governance by Executive Governance Board (EGB): Each Original Contracting Municipality (PBG, Jupiter, and Juno Beach, or “OCM”) shall each have one (1) member on the EGB. NPB shall also have one (1) member on the EGB, who shall serve in an ex-officio capacity. The member from each Contracting Municipality shall be its chief executive officer (City/Town Manager) or his/her designee. Each member shall have one (1) equally weighted vote regarding all matters within the EGB’s purview, except for ex-officio members, who may participate in the discussion but shall not vote. The EGB shall oversee and monitor the performance of NorthCom and the Page | 5 of 11 provision of services provided for in this Agreement. The EGB shall meet at least once per year but may meet as frequently as deemed necessary by a majority of the board members. The EGB shall meet to receive and review information and make recommendations regarding the annual budget for NorthCom, the level of dispatch service provided by NorthCom, and whether to allow additional municipalities to join NorthCom and this Agreement. A unanimous vote of the membership of the EGB shall be required to establish the EGB’s recommendations. C. Technical Advisory Committee (TAC): The OCMs shall each have one (1) member on the TAC. NPB shall also have one (1) member on the TAC who shall serve in an ex-officio capacity. The member from each Contracting Municipality shall be its Chief of Police or his/her designee. The TAC will provide technical recommendations for changes to the NorthCom Standard Operating Procedures. The TAC shall meet at least once per year but may meet as frequently as deemed necessary. Ex-officio members may participate in any discussions or deliberations, but such participation and/or comments shall not serve to ratify or reject any recommendations presented to the EGB. D. Resolution of Service Delivery Issues: Matters relating to the delivery of dispatch services and operational efficiencies will be resolved by the Chief of Police of Palm Beach Gardens Police Department. In the event that service delivery issues cannot be resolved by the Chief of Police of Palm Beach Gardens Police Department, the matter will be reviewed by the City Manager of Palm Beach Gardens for resolution. 8. Consideration: As consideration for PBG entering into this Agreement and agreeing to provide NPB with public safety communications and dispatch services during the term of this Agreement, NPB hereby agrees to pay PBG as follows: A. Payment shall be based upon an annual NorthCom budget prepared by PBG and submitted to the EGB for its review and recommendations no later than May 1st each year. The EGB shall return the approved preliminary NorthCom budget to PBG no later than May 15th each year unless an extension of time is granted by the PBG City Manager. A copy of the EGB -approved final proposed Page | 6 of 11 budget document will be provided to each Contracting Municipality no later than June 1st. The budget document shall take into consideration personnel and operational changes that are required and all administrative and operational expenses. PBG shall be entitled to an administrative fee, which shall be included in the NorthCom budget and which shall be paid to PBG by NPB according to its cost share. Each Contracting Municipality’s cost share shall be calculated based upon its percentage of the total population of all the Contracting Municipalities being served by PBG for public safety dispatch through NorthCom (“cost share metric”). It is hereby acknowledged by NPB that the total population being served , as established by the University of Florida Bureau of Business and Economic Research (BBER), may change from time to time based upon actual population change or by expanding service to additional municipalities, which may decrease or increase each Contracting Municipality’s cost share. Contracting Municipalities having a population of 1000 or more residents will have a minimum cost share equal to no less than the cost of one (1) dispatch position (salary and benefits). Contracting Municipalities having a population less than 1000 residents shall have a cost share equal to no less than one-half (1/2) of the cost of one (1) dispatch position (salary and benefits). The above-referenced minimum cost share amounts shall be in addition to the administrative fee referenced hereinabove. B. If at the end of any contract year a budget shortfall exists , each Contracting Municipality shall be obligated to pay its cost share of any such shortfall in accordance with the cost share metric that was utilized during the budget year in which the shortfall occurred. Conversely, if at the end of any contract year a budget surplus exists, such surplus shall represent a committed fund balance to be utilized specifically for NorthCom budgetary purposes. 9. Force Majeure: PBG shall not be liable under any theory of law to any Contracting Municipality, its officials, employees, agents, citizens, or persons within its municipal boundaries for any cessation of service caused by acts of God, fire, strike, casualty, civil or military authority, insurrection, riot, pandemic, or other event or circumstance not within the control of PBG. Page | 7 of 11 10. Insurance: A. PBG shall carry and maintain continuously throughout the term of this Agreement insurance to protect its personnel and equipment in the event of damage or destruction, or be self-insured, in an amount not less than One and One-Half Million Dollars One Million Five Hundred Thousand Dollars ($1,500,000.00) and shall provide its employees with Workers' Compensation Insurance as required by law. B. NPB shall carry and maintain continuously throughout the term of this Agreement commercial general liability insurance, or be self-insured, in an amount not less than One and One-Half Million Dollars One Million Five Hundred Thousand Dollars ($1,500,000.00). 11. Governmental Powers: The Parties acknowledge that this Agreement is an Interlocal Agreement under Chapter 163, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and other benefits that apply to the activity of the officers, agents, or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement. 12. Indemnification: NPB shall indemnify, defend, and hold harmless PBG against any actions, claims, or damages arising out of NPB’s negligence in connection with this Agreement, to the extent permitted by law. PBG shall indemnify, defend, and hold harmless NPB against any actions, claims, or damages arising out of PBG’s negligence in connection with this Agreement, to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity for any party beyond the limits set forth in Section 768.28, Florida Statutes (2020). 13. No Transfer of Powers: Nothing contained in this Agreement shall be construed to constitute a transfer of powers in anyway whatsoever. This Agreement is solely an Interlocal Agreement to provide services, including, without limitations, services as authorized by Chapter 163, Florida Statutes. PBG and NPB shall each retain all Page | 8 of 11 legislative authority with regard to the respective governing bodies. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits that apply to the activity of officers, agents, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits of their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents , or employees extra-territorially under the provisions of any such Interlocal Agreement. 14. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against any of the Parties. 15. Binding Effect: All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the municipalities and their respective legal representatives or successors; but no person not a direct party to this Agreement shall be or be deemed to be a legally entitled third-party beneficiary hereof. 16. Non-Assignment: This Agreement may not be assigned by PBG or NPB without the prior written consent of both governing bodies. 17. Governing Law and Venue: This Agreement and all services contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. Venue f or all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida. 18. Agreement Administrators: Each municipality hereby designates its respective director and chief of its public safety/police departments, or designees, or in the absence of the designated person, its acting director or chief, to be its Administrator and liaison for the performance and receipt of performance of all services and actions under this Agreement. Said contract administrators shall be the points of contact for all operational matters between the municipalities. Page | 9 of 11 19. Waiver: No delay or failure by PBG or NPB in enforcing or insisting on strict performance of any of the terms or provisions hereof shall be deemed a waiver of any other or further term or provision of similar or dissimilar nature or of any continuing waiver. 20. Termination: A. This Agreement may be terminated, with or without cause, by either Party by providing written notice to the other, no later than September 30th of any contract year. Any such termination shall not be effective until September 30 th of the following contract year. B. Termination of this Agreement, regardless of the reason, shall not modify or alter in any way the Municipal Public Safety Communications Consortium Agreement for radio communications. 21. Renewal: Unless a Contracting Municipality gives notice of termination in accordance with Section 20, this Agreement shall be automatically renewed for one (1) additional five- (5) year term. 22. Notice: All formal notices affecting the terms or provisions of this Agreement shall be in writing and delivered in person or sent by overnight delivery service to the municipality as designated below, until such time as the municipality furnishes other written instructions for such other notice delivery. For City of Palm Beach Gardens: For Village of North Palm Beach: City Manager 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attn: Contract Administrator/Chief of Police Village Manager 501 U.S. Highway One North Palm Beach, Florida 33408 Attn: Contract Administrator/Chief of Police 23. Effective Date: This Agreement shall be effective on the later of October 1, 2021, or its full execution and filing with the Clerk of the Circuit Court in and for Palm Beach County. 24. Entire Agreement: This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof. There are Page | 10 of 11 no promises, terms, conditions, or obligations other than those herein contained. This Agreement shall supersede all previous communications, representations, proposals, or agreements, either oral or written, between the municipalities hereto and not herein contained. No amendment or modification of this Agreement shall be binding unless approved by each of the Parties’ respective governing bodies and reduced to writing, executed, delivered, and filed with the Clerk of the Circuit Court of Palm Beach County with the same formalities as this Agreement. Notwithstanding the foregoing, the development and adoption of the annual NorthCom budget shall not be considered an amendment to this Agreement. (The remainder of this page intentionally left blank.) Page | 11 of 11 IN WITNESS WHEREFORE, each of the Parties has authorized and caused this Agreement to be made, executed (signed by its Mayor /Manager and attested by its City/Village Clerk) in triplicate (one original for each Contracting Municipality and one for filing). DATE: _______________________ CITY OF PALM BEACH GARDENS ______________________________ Ronald M. Ferris, City Manager ATTEST: ______________________________ Patricia Snider, CMC, City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ____________________________ R. Max Lohman, City Attorney DATE: _______________________ VILLAGE OF NORTH PALM BEACH ______________________________ Darryl Aubrey, Mayor ATTEST: ______________________________ Jessica Green, Village Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ____________________________ Leonard G. Rubin, Village Attorney Vi llage of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD February 9, 2021 1 Chairman Robert DiGloria called the meeting to order at 2:00 PM in the conference room of the North Palm Beach Village Hall located at 501 US Highway One, North Palm Beach, FL. Those persons present were: TRUSTEES PRESENT Robert DiGloria, Chairman Edward Ciezak Erik Jensen Robert Coliskey TRUSTEES ABSENT Frank Winewski OTHERS PRESENT Amanda Kish, Resource Centers Bonni Jensen, Klausner Kaufman Jensen & Levine Steve Stack , Highland Capital Kerry Richardville, AndCo Jeanine Bittinger, Saltmarsh Doug Lozen, Foster & Foster ITEMS FROM THE PUBLIC There were no public comments at this time. MINUTES The minutes from the November 2020 had been presented for the Trustees review and approval. Robert Coliskey made a motion to approve the minutes dated November 2020. The motion received a second from Edward Ciezak and was approved by the Trustees 3-0. DISBURSEMENTS Mrs. Kish reviewed the disbursements which had been presented in the Trustee s Packets. Edward Ciezak made a motion to approve all disbursements. The motion received a second from Robert Coliskey was approved by the Trustees 3-0. 2020 AUDITED FINANCIAL REPORT Jeannine Bittinger appeared before the Board to present the audited financial report for the plan year ending Sept ember 30, 2020. Mrs. Bittinger explained they are providing an unqualified opinion, which is the highest opinion they can register for the report. Mrs. Bittinger continued reviewing the report in detail comparing 2020 to the prior year information. Mrs. Bi ttinger stated she was impressed how well everyone worked together to complete the audit. The net position increased from $26,431, 652 to $28,308, 303.00 The employer cont ributions decreased from $918, 111.00 to 863, 762.00. The inves tments of the plan had an increase from $972,435.00 to $1,393,772.00. Mrs. Bittinger thanked the Board and service providers . $918, 111.00 The auditors presented the auditor representation letter. She explained that the let ter confirms that the information that was provided is accurate and reliable. Edward Ciezak made a motion to accept the financial statements ending September 30, 2020. The motion received a second from Robert Coliskey and was approved by the Trustees 3-0. Vi llage of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD February 9, 2021 2 Edward Ciezak made a motion to accept the Auditor Representation Letter a second from Robert Coliskey and was approved by the Trustees 3-0. 2020 Actuarial Valuation Report (Foster & Foster) Doug Lozen appeared before the Board to present the October 1, 2020 Actuarial Valuation Report. Mr. Lozen stated that the employer contribution increased from 17.74%. to %18.56%. The Village has a prepaid contribution in the amount of $133,351.20 that will offset their contribution to 11.88%. The plan experience was favorable than expec ted due to mortality experience, turnover and favorable salary increase. The change in the mortality table increased the gains of the pension plan and the funding ratio. The gain was offset due to investment return of 6.37% b elow the plan’s investment return of 7.70%. Mr. Lozen reviewed the experience of the investment rate of return. The funding ratio with new assumption method is 94.3%. Mr. Lozen recommended the Board to continue lowering the investment return with the next valuation. The Board had a discussion regarding the lowering of the inves tment rate of return. Robert Coliskey made a motion to approve the October 1, 2020 Actuarial Valuation Report as presented. The motion received a second fr om Edward Ciezak and was approved by the Trustees 5-0. HIGHLAND CAPITAL Steve Stack of Highland Capital appeared before the Board to p resent the Quarterly Manger Rep ort for the quarter ending December 31, 2019. He reported that the 4th quarter of 2019 had a rallied and that gains were led by technology stocks. The Federal Reserve cut interest rates . He reviewed the total return summary stating the cumul ative return f or the quarter was 5.90% compared to the benchmark 5.55%. The asset allocation was $23,370,995.00 for the quarter ending December 31, 2019. Mr. Stack did not recommend any changes to the p ortfolio and thinks that it is positioned nicely . ANDCO Mrs. Richardville provided the Trustees with firm update. She stated that 2020 was big year for And Co the firm celebrated their 20th year anniversary and hired 9 new team members. 7 of the new team members went to the research department, so that the firm can better assist the clients . Mrs. Richardville appeared before the Board to present the Investment Report for the quarter ending December 31, 2019. The Board asset class es had positive returns. Large cap ital equity and fixed income were positive f or the quarter. The asset allocation increased from $28,007,247.00 to 30,604,428. Mrs. Richardville went on to review the quarterly report in detai l explaining it was a positive return f or the quarter which was 9.32%. The fiscal year date return was 9.32% compared to the benchmark of 8.86%. She further reported equities were up 14.17% below the po licy of 14.26%, fixed income was up at 1.41% and below the policy at .67%. The managers performance for the quarter ending December 31, 2019 was as follows large cap value was up at 15.96% below the polic y of 16.25%, large cap growth was up 10.59% belo w the policy o f 11.39%, and American Realty was up 1.42% above the policy of 1.35%. The Board held a discussion regarding the performance of the portfolio . Mrs. Richardville sug g ested bringing an investment allocation analysis and present the report at the next meeting. Vi llage of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD February 9, 2021 3 ATTORNEY REPORT E-Verify. Mrs. Jensen presented the E-Verify memo to the Board . She inf ormed the Board effective January 1, 2021, Pension Plans and service providers that are engaged by the Pension Plan will need to be registered with E-Verify . All future contracts should have a provision regarding E-Verify. Mrs. Kish informed the Board that she will be enrolling the Board and sending letters out to the service providers making them aware that they will need to register. ADMINSTRATORS REPORT SOC 1 Audit Ms. Kish pres ented the SOC 1 Audit to the Board. She informed the Board that the Resourc e Centers annual audit was completed. The auditor pro vided a clean opinion and all the policy and procedures were being followed. Benefit Approvals The Board reviewed the Benefit Approvals presented at the meeting. Edward Ciezak made a motion approved the Benefit approval presented on February 11, 2020. The motion received a second from Robert Coliskey and was approved by the Trustees 4-0. Erik Jensen made a motion to adjourn the meeting at 2:50 PM. The motion received a second from Edward Ciezak and was approved by the Trustees 3-0. Resp ectfully submitted, Robert Coliskey 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: May 27, 2021 SUBJECT: RESOLUTION – Acquisition of a Sutphen SL75 Ladder Truck pursuant to pricing established in a National Purchasing Partners Cooperative Agreement and approving a ten-year lease agreement with Pinnacle Public Finance, Inc. Village staff recommends adoption of a resolution approving the purchase of a Sutphen SL75 Ladder Truck in the amount of $985,490.00 and entering into a ten-year lease agreement with Pinnacle Public Finance, Inc., at a 2.25% interest rate resulting in an annual payment of $111,796.57 and a total cost of $1,117,965.71. Background: During the FY 2019 budget sessions, Village Council decided to reduce the budget impact of replacing fire apparatus by leasing future vehicles. This began with the lease of a fire engine that was delivered in 2020. The intent at the inception of that lease was to turn the vehicle in at the end of the lease period and acquire a new, replacement fire engine. In addition to the fire engine, the Department recently received its first leased rescue vehicle (ambulance). The next apparatus scheduled for replacement is a 1996 Pierce quintuplet (ladder) apparatus. This twenty-five (25) year old apparatus is obsolete and no longer manufacturer supported; replacement parts are difficult, if not impossible, to locate. Due to a number of factors (the pandemic, reliability of foreign steel and aluminum supplies) the lead time to order a fire engine is approximately eighteen (18) months; lead time for an ambulance is approximately fourteen (14) months. This being the case, it is necessary to place an order as much as two fiscal years in advance of anticipated delivery. Placing an order this fiscal year will see delivery of the Ladder Truck in mid FY 2022, when the first payment would be due. Fire Rescue’s Apparatus Committee has researched replacement apparatus and is recommending ordering a Sutphen SL75 Ladder Truck through their local dealer, South Florida Emergency Vehicles (SFEV). By utilizing the National Purchasing Partners Cooperative Agreement (NPPGov Contract #PS20250), the total purchase price is $1,008,600.00, which is nearly $200,000.00 below the budgeted amount. The Department has further reduced the price to $985,490.00 by taking advantage of Sutphen’s prepayment program. As this will be a lease, the Finance Director sought out the best leasing option. By leasing through our current contracted leasing firm, Pinnacle Public Finance, Inc. the Finance Director has worked out a ten (10) year lease at an interest rate of 2.25% with an annual payment of $111,796.57. The first payment will be due on August 15, 2022. The Department is also requesting that at the delivery and acceptance of this replacement ladder truck, the current 1996 Pierce Quintuplet Fire Apparatus, VIN 4P1CT02D6VA000128, be declared surplus and be disposed of in accordance with Village policies and procedures. It should be noted that the FY2021 operating budget will be amended to reflect this and other vehicle lease purchases made this year. This will be presented to the Village Council for action at a subsequent meeting. 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 Payment Total Payments for 10 Years General Fund Debt Service A8535-49158 Vehicle Lease $111,796.57 $1,117,965.71 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution authorizing the acquisition of one (1) Sutphen SL75 Ladder Truck pursuant to pricing established in existing National Purchasing Partners (NPPGov) Cooperative Agreement; authorizing the Mayor and Village Clerk to execute a Participating Agency Endorsement and Authorization with NPPGov and a Purchase Agreement with Sutphen; approving a ten (10) year lease agreement with Pinnacle Public Finance, Inc. at a total cost of $1,117,965.71, with funds expended from Account No. A8535- 49158 (Debt Service – Vehicle Lease), and authorizing the Village Manager to execute the necessary Lease Agreements and related documents; and declaring one (1) 1996 Pierce Quintuplet Ladder Truck as surplus and authorizing its disposal in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A SUTPHEN MODEL SL75 LADDER TRUCK UTILIZING PRICING ESTABLISHED IN AN EXISTING NATIONAL PURCHASING PARTNERS COOPERATIVE AGREEMENT; APPROVING THE EXECUTION OF A PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION AND A PURCHASE AGREEMENT WITH SUTPHEN; APPROVING A TEN-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; DECLARING AN EXISTING LADDER TRUCK AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department recommended the lease of a Sutphen Model SL75 Ladder Truck through Pinnacle Public Finance, Inc. to replace an existing 1996 Pierce Ladder Truck; and WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of current cooperative purchase contracts, and the Ladder Truck will be acquired from Sutphen’s local dealer, South Florida Emergency Vehicles, pursuant to pricing established in an existing National Purchasing Partners (NPPGov) Cooperative Agreement (Contract No. PS20250); 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 the acquisition of a Sutphen Model SL75 Ladder Truck and the leasing of the vehicle for a ten-year term through Pinnacle Public Finance, Inc. The Village Council authorizes the Mayor and Village Clerk to execute the Participating Agency Endorsement and Authorization required by the National Purchasing Partners (NPPGov) Cooperative Agreement as well as the Purchase Agreement with Sutphen Corporation. Section 3. The total annual cost of the lease shall be $111,796.57 (at a total cost of $1,117,965.71 over the term of the lease), with funds expended from Account No. A8535-49158 (Debt Service – Vehicle Lease). The Village Council authorizes the Village Manager to execute all required documents with Pinnacle Public Finance, Inc. to effectuate the lease transaction, subject to the review and approval of the Village Attorney. Section 4. Upon delivery, acceptance and placement into service of the new vehicle, the Village Council declares the following vehicle as surplus property and authorizes its disposal in accordance with Village policies and procedures: 1996 Pierce Quintuplet Fire Apparatus, VIN 4P1CT02D6VA000128 Section 5. This Resolution shall be effective immediately upon adoption. Page 2 of 2 PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK PURCHASE AGREEMENT FOR SUTPHEN FIRE APPARATUS THIS AGREEMENT, made and entered into this day of , 20 by and between SUTPHEN CORPORATION of Dublin, Ohio, hereinafter called "SUTPHEN" and the Village of North Palm Beach, Florida , hereinafter called "PURCHASER", WITNESSETH: 1. PURCHASE: Purchaser hereby agrees to buy and Sutphen hereby agrees to sell and furnish to Purchaser the apparatus and equipment according to the Sutphen Proposal attached hereto and made a part hereof, and to deliver the same as hereinafter provided. See North Palm Beach Resolution Number___________ approved May 27, 2021 2. PAYMENT: Purchaser agrees to pay for said apparatus and equipment the total purchase price of ($ 985,490.00 Nine hundred Eighty-Five Thousand Four hundred and Ninety Dollars ) based on 100% payment made within 30 days of contract signing. 3. DELIVERY: The apparatus and equipment being purchased hereunder shall be delivered to Purchaser at The Village of North Palm Beach within approximately 12-14 months after the receipt and acceptance of this agreement at Sutphen's office, provided that such delivery date shall be automatically extended for delays due to strikes, failure to obtain materials or other causes beyond Sutphen's control. 4. SUTPHEN WARRANTIES: Sutphen warrants the apparatus purchased here under as set forth in the warranty included with bid proposal. 5. TESTING SHORTAGES: The apparatus shall be tested per NFPA #1901 at Sutphen's manufacturing facility. Purchaser agrees that the apparatus and equipment being purchased hereunder will not be driven or used in any manner until it is paid for in full, provided, however, that if there are any minor shortages, Purchaser may withhold a sum equivalent to the retail purchase price of any equipment shortages at the time of delivery and may use the apparatus and equipment during this period. 6. DEFAULT: In the case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instruments issued by Purchaser, Sutphen may take full possession of the apparatus and equipment or of the piece or pieces upon which default has been made, and any payments that have been made theretofore shall be applied as rent in full for the use of the apparatus and equipment up to the date of taking possession by Sutphen. 7. PURCHASER WARRANTIES: With the signing of this agreement, Purchaser warrants that it has the full power and legal authority to enter into this agreement and guarantees that funds for its purchase are available or in the process of collection. 8. ACCEPTANCE: This agreement shall not be binding until it is signed and approved by an officer of the Sutphen Corporation. 9. TAXES, ETC.: The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, excise or other taxes which may hereafter be imposed by governmental authority or otherwise and which are made applicable to the apparatus or equipment covered by the agreement. In the event that any such taxes are subsequently imposed and become applicable, the purchase price herein shall be increased by the amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. To the extent applicable, the prices and deliveries set forth herein are subject to the Defense Production Act. 10. INSURANCE: Sutphen shall provide insurance insuring the apparatus and equipment against loss by fire, theft or collision and insuring against property damage and personal injury through the three (3) day delivery period. 11. GENERAL: This agreement and the Sutphen proposal provided herein take precedence over all previous negotiations, oral or written, and no representations or warranties are applicable except as specifically contained in this agreement or in the Sutphen proposal attached hereto. No alteration, modification, amendment or change of this Agreement shall be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. This Agreement shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws, statutes and decisions of the State of Florida. Exclusive jurisdiction and venue for any litigation at all related to this Agreement, directly or indirectly, based upon contract, tort, or other theory of law, shall lie in the Palm Beach County Courts, North Palm Beach, Florida, and the parties hereto consent and submit to the general jurisdiction of this court. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed and attested by its duly authorized representatives, effective as of the date below when accepted at Sutphen Corporations offices. SUTPHEN CORPORATION PURCHASER By Guy Lombardo Sales Representative THE Village of North Palm Beach, FL By Accepted at office Title SUTPHEN CORPORATION 6450 Eiterman Road Date Dublin, Ohio 43016 By By Title Title Date Date Rev. 10/1/20 SUTPHEN CORPORATION 6450 Eiterman Road Dublin, OH 43016 PROPOSAL To TDate: September 4, 2015 April 28, 2021 The Village of North Palm Beach Fire Rescue Chief J. D. Armstrong 560 US Highway 1 North Palm Beach, FL 33408 FOR YOUR REVIEW: We hereby propose and agree to furnish the following firefighting apparatus upon your acceptance of this proposal: One (1) Sutphen Custom Ladder Truck Model SL75 Contract NPP # PS20250 RFP#1905 ..…………………..…….... $ 730,984.65 Modifications, Options and NFPA equipment…..….…..……….. $ 277,615.35 Final cost…...………………………………………...…………... $ 1,008,600.00 ***A prepayment discount of $23,110.00 can be taken if payment in full is received within the first 30 days following contract acceptance. Total Price ………….…………………………………….……. $ 985,490.00 Apparatus will be manufactured completely in accordance to the included proposal documents and delivered approximately 12-14 months after approval of contract, subject to delays from all causes beyond our control. Unless accepted within 45 days from this date, the right is reserved to withdraw this proposal. Respectfully submitted by: Guy Lombardo Sales Representative April 21, 2021 REVISED April 27, 2021 VIA Electronic Mail Ms. Samia Janjua Director of Finance Village of North Palm Beach, Florida RE: Request for Proposals – Fire Truck Lease Dear Ms. Janjua, Pinnacle Public Finance, Inc., a BankUnited Company, is pleased to provide this proposal to provide lease purchase financing to the Village of North Palm Beach, Florida. Corporate Overview: In October 2010, BankUnited acquired the public finance business from Koch Financial Corporation and now operates it under the name Pinnacle Public Finance, Inc. Pinnacle is headquartered in Scottsdale, Arizona and is a market leader in providing financing directly to its state and local government clients and through its vendor programs and alliances. Since beginning as Pinnacle, our group has funded more than 2,100 municipal transactions nationwide totaling over $3.1 billion. Pinnacle has the knowledge and the resources to fund complex programs that require innovative and flexible financing solutions. Given that BankUnited is based in Florida, Pinnacle is strongly committed to meeting the needs of our Florida clients. Members of our team have successfully funded more than 45 transactions totaling over $530 million in Florida. Pinnacle has provided financing to the Village through two capital improvement loans in the aggregate amount of $15 million in March 2017 and four lease purchase financings of vehicles totaling approximately $912,000 in 2020. Our proposed terms and conditions are as follows: Lessee: Village of North Palm Beach, Florida (“Lessee” or “Village”) Lessor: Pinnacle Public Finance, Inc., a BankUnited Company (“Lessor” or “Pinnacle”) Issue Type: Municipal lease purchase financing agreement (“Lease”), subject to annual appropriation. Amount Financed: $ 985,490 Equipment: It is anticipated the Village will use Lease proceeds to acquire fire trucks for official use by the Village. Term: Ten (10) years Pinnacle Public Finance, Inc. Village of North Palm Beach – Request for Proposal, Fire Truck Lease April 21, 2021 REVISED April 27, 2021 Page 2 of 4 Payment Frequency: Principal and interest will be paid annually in arrears, commencing September 15, 2022. Interest Rate: 2.25% Interest Rate Expiration: The Interest Rate is firm through June 11, 2021. Projected Funding Date: It is assumed Pinnacle will release funds to the vendor on June 10, 2021. Payment Amount: Please see the Preliminary Amortization Schedule attached. Prepayment Terms: The Lease is subject to prepayment in whole or in part on any payment date at a price equal to 102% of the remaining principal balance plus accrued interest. Documentation: It is assumed this transaction will be documented as Schedule #5 under the Master Equipment Lease Purchase Agreement the City and Pinnacle entered into in February 2020. Additional Provisions: It is assumed the Village intends to use the Lease proceeds to prepay the vendor for the equipment, Pinnacle will require a payment and performance bond with Pinnacle named a dual obligee. Reporting: The Lessor will request the Lessee agree to provide its CAFR within 210 days of the close of each fiscal year. Additionally, the Lessor will request the Lessee agree to provide such other financial information as the Lessor may reasonably request, including but not limited to, its annual budget for any prior or current fiscal year or subsequent fiscal years. Subject to negotiation. Assignment: It is the Lessor’s present intention to hold the Lease to maturity; however, the Lessor will require that it reserves the right to assign, transfer or convey the Lease (or any interest therein or portion thereof) only to any of its affiliates or to banks, insurance companies or similar financial institutions or their affiliates, including participation arrangements with such entities. Subject to negotiation. Fees/Closing Costs: None except those listed herein. The Village will be responsible for any fees or expenses with respect to its (i) issuing costs, if any, (ii) Village’s legal counsel, if any, and (iii) title/registration fees, if any. Pre-Close Requirements: Pinnacle will require a complete executed copy of all transaction documents by noon the day prior to funding (a scanned copy is acceptable). Ultimately, the Lessor will require a complete transcript with original signatures. Pinnacle Public Finance, Inc. Village of North Palm Beach – Request for Proposal, Fire Truck Lease April 21, 2021 REVISED April 27, 2021 Page 3 of 4 Pinnacle’s Role As Lessor: The transaction described in this document is an arm’s length, commercial transaction between the Village and Pinnacle in which: (a) Pinnacle is acting solely as a principal (i.e., as lessor) and for its own interest; (b) Pinnacle is not acting as a municipal advisor or financial advisor to the Village; (c) Pinnacle has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to the Village with respect to this transaction and the discussions, undertakings and procedures leading thereto (irrespective of whether Pinnacle has provided other services or is currently providing other services to the Village on other matters); (d) the only obligations Pinnacle has to the Village with respect to this transaction are set forth in the definitive transaction agreements between Pinnacle and the Village; and (e) Pinnacle is not recommending that the Village take an action with respect to the transaction described in this document, and before taking any action with respect to this transaction, the Village should discuss the information contained herein with its own legal, accounting, tax, financial and other advisors, as it deems appropriate. If the Village would like a municipal advisor in this transaction that has legal fiduciary duties to the Village, the Village is free to engage a municipal advisor to serve in that capacity. Credit Approval: This proposal is subject to credit approval. This proposal is subject to final credit approval and final documentation. Please feel free to call me at 480- 688-4064 with any questions or further clarification. Thank you for the opportunity to present this proposal. Sincerely, Blair Swain Senior Vice President, Direct Markets Pinnacle Public Finance, Inc. Village of North Palm Beach – Request for Proposal, Fire Truck Lease April 21, 2021 REVISED April 27, 2021 Page 4 of 4 Preliminary Debt Service Schedule Totals: $1,117,965.71 $132,475.71 $985,490.00 Rate 2.2500% Payment Payment Purchase Outstanding Pmt # Date Amount Interest Principal Price Balance 6/10/2021 $985,490.00 1 9/15/2022 $111,796.57 $28,024.87 $83,771.70 $919,752.67 $901,718.30 2 9/15/2023 $111,796.57 $20,288.66 $91,507.91 $826,414.60 $810,210.39 3 9/15/2024 $111,796.57 $18,229.73 $93,566.84 $730,976.42 $716,643.55 4 9/15/2025 $111,796.57 $16,124.48 $95,672.09 $633,390.89 $620,971.46 5 9/15/2026 $111,796.57 $13,971.86 $97,824.71 $533,609.68 $523,146.75 6 9/15/2027 $111,796.57 $11,770.80 $100,025.77 $431,583.40 $423,120.98 7 9/15/2028 $111,796.57 $9,520.22 $102,276.35 $327,261.52 $320,844.63 8 9/15/2029 $111,796.57 $7,219.00 $104,577.57 $220,592.40 $216,267.06 9 9/15/2030 $111,796.57 $4,866.01 $106,930.56 $111,523.23 $109,336.50 10 9/15/2031 $111,796.57 $2,460.07 $109,336.50 $0.00 $0.00 1 Sutphen Component Report Dealership: South Florida Emergency Vehicles HS- North Palm Beach Fire Dept, FL SL75 Aerial Ladder Order#: SQB010835_1 Contact: Scott Freseman Position: Deputy Chief Phone: Mobile: 561-719-9884 Email: sfreseman@village-npb.org Bill To Ship To Customer: North Palm Beach Fire Dept Contact: Scott Freseman, Deputy Chief Address: 560 US 1 North Palm Beach, FL 33408 Customer: Same as Bill-to Contact: Scott Freseman, Deputy Chief Address: 560 US 1 North Palm Beach, FL 33408 Comments Project Coordinator: Sales Person: Revision Level: Truck Type: Body Facility: Quote Line Number 1 Line Item # Qty Item Description/Comments CHASSIS 1 10010006 1 CHASSIS, CUSTOM 2 51070221 1 WHEELBASE = 221 3 25010255 1 FRAME, 10" DOUBLE RAILS, DOMEX, SINGLE AXLE (110K PSI) 4 45010001 1 FRONT TOW EYES, BELOW BUMPER 5 45010015 1 FRONT TOW EYE FINISH, PAINTED 6 46010000 1 REAR TOW EYES 7 40010250 1 STEERING - ROSS TAS-85 8 22010000 1 DRIVE LINE, SPICER, 1710 SERIES 9 23014130 1 ENGINE, CUMMINS L 9 450HP DOC-DPF-DEF-SCR OBD 10 23029100 1 ENGINE WARRANTY, 5 YEAR, 100,000 MILES FOR CUMMINS L9 11 23030006 1 AIR INTAKE/EMBER SEPARATOR 12 23031173 1 FUEL FILTER/WATER SEPARATOR, PRIMARY, FLEETGUARD, FS1098 13 23031210 1 FUEL FILTER, SECONDARY, FLEETGUARD, FF63009 2 Line Item # Qty Item Description/Comments 14 47012430 1 TRANSMISSION, ALLISON GEN 5, EVS3000 15 23110005 1 JACOBS ENGINE BRAKE FOR CUMMINS L ENGINES 16 47024050 1 TRANSMISSION COOLER 17 47030000 1 ALLISON TOUCH PAD SHIFTER 18 21021200 1 COOLING SYSTEM 19 21030000 1 FAN CLUTCH 20 21030200 1 RADIATOR COOLANT RECOVERY, PRESSURIZED SYST 21 26010000 1 FUEL TANK, STEEL, 65 GALLON 22 26030000 1 FUEL FILL 23 26030100 1 FUEL COOLER 24 24040000 1 DIESEL EXHAUST FLUID TANK 25 13012115 1 ALTERNATOR, C.E. NIEHOFF 360 AMP C527 26 13030100 1 LOW VOLTAGE ALARM, FLOYD BELL TXB-V86-515-QF 27 15010500 1 BATTERIES, INTERSTATE TYPE 31 MHD (4) 28 15030300 1 KUSSMAUL STARTGUARD 29 15031700 1 BATTERY JUMPER TERMINALS 30 15030430 1 120V SHORELINE INLET, KUSSMAUL SUPER 20 AUTO EJECT 31 15040100 4 120V OUTLET WIRED TO SHORELINE INLET - EA (4) 32 15031560 1 BATTERY CHARGER, KUSSMAUL LPC 40 W/REMOTE BAR GRAPH DISPLAY 33 14022130 1 FRONT AXLE, HENDRICKSON STEERTEK NXT 23,000 LB. 34 41022130 1 FRONT SUSPENSION, HENDRICKSON 23,000 LBS. (4) 56" LEAFS 35 41040510 1 STEER ASSIST 36 43010320 1 FRONT TIRES GOODYEAR 425/65R22.5 LRL G296 MSA HGW 22.5 X 12.25 WHEELS 37 14510540 1 REAR AXLE, MERITOR RS-30-185 31,000 LB. 38 14530150 1 TOP SPEED, 60 MPH 39 42010025 1 REAR SUSPENSION, FIREMAAX 31,000 LBS. AIR RIDE 3 Line Item # Qty Item Description/Comments 40 44010310 1 TIRES, REAR, GOODYEAR 315/80R22.5X 9, LRL G291 HGWY, 31,000 GVWR 41 42910300 1 TIRE PRESSURE MONITOR, QUICK PRESSURE 42 44215200 1 WHEELS, ALUM, ALCOA (max 35K rear) 43 44270100 1 HUB COVERS, FRONT & REAR, POLISHED STS (Single Axle) 44 44270300 1 CHROME LUG NUT CAPS, FRONT & REAR (Single Axle) 45 44271100 1 MUD FLAPS, FRONT (PAIR) 46 44271200 1 MUD FLAPS, REAR (PAIR) 47 16010255 1 BRAKES STEERTEK DISC PLUS EX225 FRONT, SCAM 7" REAR 48 18010041 1 AIR BRAKE SYST 4 TANKS WABCO 1200 DRYER 49 18020000 1 CENTRAL LOCATION FOR AIR TANK DRAINS 50 18030140 1 AIR INLET CONNECTION 51 18035110 1 AIR COMPRESSOR, KUSSMAUL AUTO PUMP AC, 100PSI 52 18036105 1 TIMER, KUSSMAUL AUTO PUMP 53 18220500 1 NO ELEC STABILITY CONTROL SYS 54 18110000 1 WABCO 4 CHANNEL ANTI-LOCK BRAKES 55 53510000 1 COMPRESSION FITTINGS ON AIR SYSTEM (CHASSIS) 56 54010000 1 MISCELLANEOUS ITEMS ON CHASSIS 57 54010100 1 AERIAL CHASSIS PREP (SINGLE AXLE) CAB 58 11024294 1 CAB TSAL4SM 62" 15" RR 1/2 59 11030025 1 CAB CERTIFICATION - STRUCTURAL INTEGRITY 60 11030950 1 CAB LOCKDOWN LATCHES 61 11031025 1 CAB TILT SYSTEM, AIR CONTROL VALVE 62 11031100 1 MANUAL BACK-UP TILT SYSTEM 63 11031350 1 CAB DOORS, FULL LENGTH (4) 64 11031375 1 CAB DOOR LOCKS, ELECTRIC (KEYLESS ENTRY) 65 11031380 1 KEYLESS ENTRY OVERRIDE 4 Line Item # Qty Item Description/Comments 66 11031385 1 CAB STEPS, LOWER GRIP STRUT, INTERMEDIATE DIAMONDPLATE 67 11031390 1 AUXILIARY CAB STEPS, ALUM, GRIP STRUT (SET OF 4) 68 11031399 1 CAB STEP LIGHTING, TECNIQ E45 LED STRIP LIGHTS 69 11031421 1 CAB DOOR WINDOWS, POWER (4) 70 11031401 1 CAB SIDE WINDOWS, FIXED, BOTH SIDES 71 11031445 1 TWO FIXED WINDOWS IN BACK WALL OF CAB APPROX 11.25" X 5.25" OVAL 72 11031465 1 WINDOW TINTING (LIMO TINT 8%) - EACH (6) 73 52010010 1 ELECTRIC INTERMITTENT WIPERS 74 52030200 1 WINDSHIELD WASHER RESERVOIR 75 38010015 1 MIRRORS LANG MEKRA 300 SERIES REMOTE 76 11024415 1 UPPER GRILLE, AMERICAN FLAG LEVEL STYLE FACADE (L9) 77 11024500 1 FLAMING “S” LOGO, UPPER GRILLE, REFLECTIVE RED 78 11024615 1 LOWER GRILLE, POLISHED STAINLESS, LASER CUT LETTERING W/ BACKLIGHTING 79 32588888 1 SPECIAL ITEM, CONVERT TO FLAT BACK CAB 80 20010085 1 BUMPER, 24" POLISHED STAINLESS STEEL 81 20029800 1 BUMPER SIDES, DIAMONDPLATE 82 20040215 1 STORAGE WELL, DEEP CENTER, FULL WIDTH (24" BUMPER) 83 20030120 1 STORAGE WELL COVER, TREADPLATE, 4" RAISE 84 20030500 1 NO CUT-OUT IN STORAGE WELL COVER 85 12010500 1 AIR HORNS, DUAL, GROVER #2040 RECTANGULAR 86 12030020 1 AIR HORNS CUTOUTS THRU BUMPER, RECTANGLE, NO PERFORATIONS 87 12030305 1 FOOT SWITCH, DRIVER'S SIDE 88 12030310 1 FOOT SWITCH, OFFICER'S SIDE 89 12030350 1 LANYARD CONTROL FOR AIR HORNS 90 12510109 1 ELEC SIREN, WHELEN 295HFSA7, REMOTE FLUSH MOUNT WITH REMOVABLE MIC 91 12620100 1 SIREN SPEAKER, 100W, CAST PRODUCTS, SA4201-6B-A 5 Line Item # Qty Item Description/Comments 92 12670110 1 SIREN SPEAKER(S) INSTALLED BEHIND CAB GRILLE 93 12710100 1 SIREN, FEDERAL Q2B, GRILLE MOUNT 94 12730305 1 FOOT SWITCH, DRIVER'S SIDE, FOR MECH SIREN 95 12730310 1 FOOT SWITCH, OFFICER'S SIDE, FOR MECH SIREN 96 12730363 1 SIREN BRAKE SWITCH FOR MECH SIREN, DRIVER'S & OFFICER'S SIDE 97 32520520 1 HEADLIGHTS, LED, FIRETECH FT-4X6, DUAL STS HOUSINGS 98 32530500 1 ALTERNATING FLASHER FOR HEADLIGHT 99 48010300 1 FRONT TURN SIGNALS, WHELEN 400 SERIES LED (4) 100 32530700 1 DAYTIME RUNNING LIGHTS 101 32530750 1 ICC LIGHTS, LED, ROOF MOUNTED MARKERS, GROTE 102 32530800 1 ICC LIGHTS, LED, BACK OF MIRROR 103 27022120 1 HANDRAILS, CAB EXTERIOR, KNURLED STAINLESS STEEL (4) SIDE 104 27030500 1 SCUFF PLATES, SIDE OF CAB, BEHIND HANDRAILS, MIRRORED STS (4) 105 27030615 1 COAT HOOKS ON UPPER GRAB HANDRAILS, DRIVER'S SIDE (2) 106 27030655 1 COAT HOOKS ON UPPER GRAB HANDRAILS, OFFICER'S SIDE (2) 107 27030710 1 HANDRAILS, FRONT OF CAB, KNURLED STAINLESS STEEL (PAIR) 108 27025000 1 HANDRAILS, CAB INTERIOR, BLACK RUBBER COATED (2) FRONT ENTRY 109 27030110 1 HANDRAILS, REAR CAB INTERIOR DOOR, KNURLED STS AT WINDOW (2) ONLY 110 11035405 1 DIAMONDPLATE REAR EXTERIOR WALL OF CAB (AERIAL OR TOP MOUNT) 111 11035422 1 DIAMONDPLATE CAB ROOF 56" x FULL WIDTH 112 31010285 1 INTERIOR, MULTISPEC BLACK SPECKLE PAINT W/GRAY-BLACK DURAWEAR 113 11032929 1 DOOR PANEL, FULL STS 114 11032958 1 REFLECTIVE MATL, INTERIOR CAB DOORS, REFLEXITE 115 31010291 1 CAB INTERIOR FLOOR COVERING, BLACK RUBBERIZED 116 22510100 1 ENGINE ENCLOSURE, FULL LENGTH 117 22510530 1 ENGINE ENCLOSURE COVERING, SCORPION BLACK URETHANE BLEND 6 Line Item # Qty Item Description/Comments 118 11031670 1 NO STORAGE ON ENGINE ENCLOSURE 119 11031680 1 CENTER CONSOLE W/MAP BOOK STORAGE, TOP OF ENGINE ENCLOSURE 120 22610050 1 ENGINE HOOD LIGHT, LED (1) 121 11031512 1 COMPUTER TRAY IN LIEU OF GLOVE BOX 122 11031712 1 UPPER CREW DOOR AREA, OPEN 123 29810100 1 CHASSIS ELECTRICAL DESCRIPTION 124 30010135 1 INSTRUMENTATION, AMETEK W/ CENTER & OVERHEAD CONSOLES (AERIALS) 125 30010500 1 LOWER COMMAND CONSOLE, L9 & X12 126 30010610 1 CAB PUMP SHIFTER, ELECTRIC W/YELLOW KNOB (FOR HALE G-SERIES / WATEROUS C20 PUMP TRANSMISSION) 127 30030200 1 CAB LOCKDOWN INDICATOR LIGHT, IN CAB 128 30031610 1 DO NOT MOVE LIGHT, WHELEN TIR3 LED 129 30031655 1 DO NOT MOVE ALARM WITH SILENCE BUTTON 130 29930210 1 DELETE MAPBOOK SLOT ON FRONT BREAKER PANEL 131 29910100 1 PROGRAMMABLE LOAD MANAGER, CLASS-1 SUPERNODE II 132 30031100 1 HIGH IDLE SWITCH 7 Line Item # Qty Item Description/Comments 133 30031775 1 12V POWER POINTS, (2) 134 30031804 1 12V DUAL PORT USB POWER POINTS, (4) 135 11040000 1 CAB ACCESSORY FUSE PANEL 136 84541540 1 POWER & GROUND STUDS, UPPER COMMAND CONSOLE 137 84541545 1 POWER & GROUND STUDS, LOWER COMMAND CONSOLE 138 84541550 1 POWER & GROUND STUDS, UNDER OFFICER'S SEAT 139 30110000 1 VEHICLE DATA RECORDER, AKRON/WELDON 140 33510040 1 INTERIOR CAB LIGHTS, WHELEN 6" ROUND RED/CLEAR LED (4) 141 34010040 1 INTERIOR CREW LIGHTS, WHELEN 6" ROUND RED/CLEAR LED (4) 142 33530652 1 INTERIOR CAB DOOR WARNING LIGHTS, WHELEN 500 TIR6 LED, 50*03Z*R (QTY 4) 143 28010750 1 DEFROSTER, HEATER & A/C, SEVERE CLIMATE (TM-31) 144 28090100 1 A/C TO FACE 145 28030500 1 DEFROSTER DUCTWORK, ENTIRE WINDSHIELD 146 11031687 1 TOP HEAT/AC STORAGE, TOOL MOUNTING PLATE, 25” x 19.5” 147 11031695 1 REAR HEAT/AC STORAGE, 5 SLOTS (4 SMALL, 1 LARGE) 148 28032000 1 RV AIR CONDITIONER 15,000 BTU (SHORELINE) 149 15030440 1 120V SHORELINE INLET, KUSSMAUL SUPER 30 AUTO EJECT 150 28032015 1 DEFLECTOR, PAINTED, FORWARD OF RV AC 151 38510104 1 DRIVER'S SEAT, BOSTROM SIERRA HIGH BACK AIR RIDE ABTS (DURAWEAR PLUS, LOW SEAM) 152 38320000 1 HELMET STORED IN COMPARTMENT 153 39010118 1 OFFICER'S SEAT, BOSTROM TANKER 450, ABTS SCBA (DURAWEAR PLUS, LOW SEAM) 154 39030020 1 OFFICER’S SEAT COMPT, FRONT DOOR 155 38320000 1 HELMET STORED IN COMPARTMENT 156 39521129 1 CREW SEAT 1, BOSTROM TANKER 450, ABTS SCBA (DURAWEAR PLUS, LOW SEAM) 157 38320000 1 HELMET STORED IN COMPARTMENT 158 39521130 1 CREW SEAT 2, BOSTROM TANKER 450, ABTS SCBA (DURAWEAR PLUS, LOW SEAM) 8 Line Item # Qty Item Description/Comments 159 38320000 1 HELMET STORED IN COMPARTMENT 160 11031825 1 EMS CABINET, FORWARD FACING, DOUBLE ON CREW SEAT RISER (AERIAL) 161 11032250 1 INTERIOR ACCESS, ROLL-UP DOOR, AMDOR 162 11032415 1 INTERIOR COMPARTMENT DOOR LOCK 163 11032312 1 ADJUSTABLE SHELVES, EMS COMPT (2) 164 39550100 1 SEAT COLOR, GRAY 165 39610000 3 SCBA BRACKETS, BOSTROM, SECURE ALL (3) 166 38410000 1 SEAT BELT WARNING SYSTEM, AKRON / WELDON 167 39710000 1 DOUBLE CREW SEAT COMPT, SIDE DOORS 168 11031750 1 OVERHEAD STORAGE, FRONT OF 15" RR W/NET PUMP & PLUMBING 169 60012555 1 QMAX-2000 GPM 6" SUCTION SINGLE STAGE PUMP 170 60025000 1 GEARBOX, HALE, G-SERIES, REAR MOUNTED 171 60026000 1 PUMP PACKING, HALE 172 60030365 1 MANUAL PUMP OVERRIDE 173 60031005 1 ALLOY ANODES, HALE (2) 174 60035121 1 PUMP TEST, MISTRAS GROUP, INC 175 61510000 1 AUXILIARY COOLER (HEAT EXCHANGER) 176 62010002 1 STAINLESS STEEL PIPING 177 66020100 1 3" TANK TO PUMP W/CHECK VALVE 178 61720100 1 VALVE, AKRON HEAVY DUTY 179 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 180 73010200 1 TANK FILL 2" 181 61720100 1 VALVE, AKRON HEAVY DUTY 182 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 183 61010405 1 PRESSURE GOVERNOR, CLASS 1 TPGJ1939 184 61210410 1 INTAKE PRESSURE CONTROL, TFT A1831 9 Line Item # Qty Item Description/Comments 185 63021100 1 6" MAIN SUCTION, LEFT SIDE 186 63036100 1 AKRON REVOLUTION BALL INTAKE VALVE 187 65030000 1 2.5" LEFT SIDE INLET 188 61720100 1 VALVE, AKRON HEAVY DUTY 189 61770100 1 ACTUATOR, VALVE, SWING HANDLE 190 60036010 1 THREADS, NST 191 63025100 1 6" MAIN SUCTION, RIGHT SIDE 192 63036100 1 AKRON REVOLUTION BALL INTAKE VALVE 193 64030000 1 2.5" RIGHT SIDE INLET 194 61720100 1 VALVE, AKRON HEAVY DUTY 195 61770100 1 ACTUATOR, VALVE, SWING HANDLE 196 60036010 1 THREADS, NST 197 70525125 1 2.5" DISCHARGE, LEFT - POSITION 1 198 61720100 1 VALVE, AKRON HEAVY DUTY 199 61770100 1 ACTUATOR, VALVE, SWING HANDLE 200 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 201 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW 202 60036010 1 THREADS, NST 203 70525125 1 2.5" DISCHARGE, LEFT - POSITION 2 204 61720100 1 VALVE, AKRON HEAVY DUTY 205 61770100 1 ACTUATOR, VALVE, SWING HANDLE 206 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 207 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW 208 60036010 1 THREADS, NST 209 71025130 1 3" DISCHARGE, RIGHT - POSITION 3 210 61720110 1 VALVE, AKRON SLOW CLOSE 10 Line Item # Qty Item Description/Comments 211 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 212 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 213 61810160 1 DISCHARGE TERMINATION, STRAIGHT 214 60036010 1 THREADS, NST 215 61840260 1 ADAPTER, 3" NST FE X 5" STORZ W/CAP & CHAIN, TFT 216 71025125 1 2.5" DISCHARGE, RIGHT - POSITION 4 217 61720100 1 VALVE, AKRON HEAVY DUTY 218 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 219 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 220 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW 221 60036010 1 THREADS, NST 222 72130100 1 DISCHARGE 2.5" UPPER LEFT SIDE BODY 223 61720100 1 VALVE, AKRON HEAVY DUTY 224 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 225 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 226 61810160 1 DISCHARGE TERMINATION, STRAIGHT 227 60036010 1 THREADS, NST 228 72230012 1 DISCHARGE 1.5" FRONT BUMPER, 2" PLUMBING (AERIALS) 229 61720100 1 VALVE, AKRON HEAVY DUTY 230 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 231 77021010 1 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" 232 60036010 1 THREADS, NST 233 72810000 1 TWO CROSSLAYS 2" VALVE-PIPING 1.5" SWIVEL 234 61720100 2 VALVE, AKRON HEAVY DUTY (2) 235 61770120 2 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS (2) 236 77021010 2 GAUGE, DISCH, INNOVATIVE CONTROLS 2.5" (2) 11 Line Item # Qty Item Description/Comments 237 60036010 2 THREADS, NST (2) 238 72910510 1 COVER, VINYL FOR CROSSLAYS (AERIALS) 239 72888888 1 SPECIAL ITEM, SPEEDLAYS BEHIND THE CAB 240 1 **CLAR NOTES, DELETE CROSSLAYS AND EXTEND FRAME FOR SPEEDLAYS BEHIND THE CAB LIKE HS 6705 241 61742000 1 MASTER PUMP DRAIN, MULTIPORT 242 61730005 10 DRAIN VALVES, INNOVATIVE CONTROLS, LIFT-UP (10) 243 78521435 1 WATERWAY CONTROL, 3” VALVE, AKRON 9335 ELECTRIC ACTUATOR 244 61910100 1 WATERWAY DRAIN VALVE, AKRON 1.5" PUSH/PULL CONTROL 245 78588888 1 SPECIAL ITEM, AUXILIARY 2.5" DISCHARGE AT MONITOR 246 1 **CLAR NOTES, Add a 2.5 gated discharge before ladder monitor with reducer from 2.5 to 1.5 with cap and chain. Same as West Palm Beach Fire Department SL75 located also on Right side of ladder FOAM SYSTEM 247 73540016 1 FOAM SUPPLY SYSTEM, ELKHART W/FLUSH (FOR EXTERNAL EDUCTOR) 248 73540020 1 FOAM EDUCTOR, AKRON 125 GPM EXTERNAL 249 73531425 1 FOAM TANK 30 GALLON BUILT INTO BOOSTER TANK PUMP PANEL 250 74920310 1 MT SM1 - SIDE MOUNT PUMP PANEL 251 74930500 1 PANEL FINISH, BLACK VINYL 252 74931000 1 ESCUTCHEON PLATES 253 74931050 1 COLOR CODING 254 74931210 1 PUMP MODULE FRAMEWORK, NON-PAINTED 255 74931310 1 PUMP FINISH, PAINTED BY PUMP MFG 256 74931520 1 PLUMBING FINISH, NON-PAINTED 257 75040210 1 TROUGH IN RUNNING BOARD, OFFICER'S SIDE 258 75510270 1 PUMP OPERATOR LIGHTS, WHELEN STRIP-LITE SUPER-LED 259 75530140 1 PUMP PANEL LIGHTS OFFICER'S SIDE, WHELEN STRIP-LITE SUPER-LED 260 76010105 1 PUMP PANEL GAUGES & CONTROLS 12 Line Item # Qty Item Description/Comments 261 60028050 1 PUMP PRIMER, TRIDENT, AIR 262 60028310 1 (1) PRIMER BUTTON - MAIN SUCTION 263 76025100 1 COMPRESSION FITTINGS ON AIR SYSTEM (CTZ PUMP MODULE) 264 76031975 1 AIR OUTLET, BOTH SIDES OF PUMP PANEL 265 76030750 1 PUMP OVERHEAT ALARM, MALLORY PF-20A35EWQ 266 76031900 1 AIR HORN PUSH BUTTON SWITCH ON PUMP PANEL 267 76520100 1 GAUGES, MASTER, CLASS 1 4.5" 268 77510080 1 GAUGE, WATER LEVEL, CLASS 1, INTELLI-TANK ITL-4 269 77532112 1 GAUGE, WATER LEVEL, WHELEN PSTANK2 LED (2) 270 77540155 1 GAUGE, FOAM LEVEL, CLASS 1, INTELLI-TANK ITL-4 WATER TANK 271 83525200 1 WATER TANK BRAND, UPF 272 83520425 1 WATER TANK, 500 GAL, POLY BODY 273 80030002 1 STAINLESS STEEL SUBFRAME, BODY & PUMP MODULE, SINGLE AXLE AERIALS 274 80126040 1 BODY SAA-4, LEFT HIGH / RIGHT INTERMED / TRANS 275 81130200 1 ADJUSTABLE SHELF [L1] (1) 276 81150100 1 250# ROLL OUT DRAWER ADJUSTABLE TRACK [L1] (1) 277 81150300 1 600# SLIDE-MASTER TRAY [L1] (1) 278 81150050 1 250# ADJUSTABLE SWING-OUT TOOL BOARD [L2] (1) 279 81130200 2 ADJUSTABLE SHELF [L3] (2) 280 81130200 1 ADJUSTABLE SHELF [L4] (1) 281 81150305 1 600# SLIDE-MASTER TRAY, 100% SLIDEOUT [L4] (1) 282 81130200 2 ADJUSTABLE SHELF [R1] (2) 283 81130200 1 ADJUSTABLE SHELF [R3] (1) 284 81150100 1 250# ROLL OUT DRAWER ADJUSTABLE TRACK [R3] (1) 285 81130200 1 ADJUSTABLE SHELF [R4] (1) 13 Line Item # Qty Item Description/Comments 286 81150305 1 600# SLIDE-MASTER TRAY, 100% SLIDEOUT [R4] (1) 287 81150300 1 600# SLIDE-MASTER TRAY [A1] (1) 288 81165705 1 UNISTRUT TRACK IN COMPTS 289 80220340 1 COMPT DOORS, AMDOR ROLL-UP, PAINTED 290 80225100 1 REAR COMPT DOOR (A1) AMDOR ROLL‐UP, SATIN FINISH 291 80230003 6 ROLL-UP DOOR DRIP PAN/GUARD (WITH DRAIN) (6) 292 84531110 1 COMPT LIGHTING, AMDOR LED LIGHT STRIPS, 2 PER COMPT 293 80288888 1 12V POWER IN THREE COMPARTMENTS 294 80288888 1 FULLY ENCLOSE RIGHT SIDE HYDRAULIC COMPARTMENT 295 81320300 1 HOSEBED, SL75 296 81410000 1 COVER, VINYL, MAIN HOSE BED 297 81440201 1 COVER FASTENERS, BUNGIE CORDS WITH RED TAB 298 81330300 1 HOSE BED DIVIDER, ADJ (1) 299 81332015 1 HOSEBED LIGHTING, FRONT, TECNIQ E44 LED LIGHT STRIP 300 81332115 1 HOSEBED LIGHTING, SIDES, TECNIQ E44 LED LIGHT STRIPS 301 81340100 1 HOSEBED ABOVE LEFT SIDE BODY 302 81430110 1 COVER, TREADPLATE, FOR ADDT'L UPPER BODY HOSEBED 303 81910300 1 HANDRAILS, KNURLED STS, 70, 75, & 100 304 82072800 1 CHROME GRAB HANDLE (1) 305 82014300 1 STEPS, IC FOLD DOWN W/LIGHT & PULL-OUT (70 & 75) 306 82520000 1 RUB RAILS, EXTRUDED ALUM 307 83010150 1 ALUMINUM TREADPLATE (AERIALS) 308 83030310 1 REAR STEP/TAILBOARD CORNERS, STRAIGHT 309 80231230 1 7 SCBA CYLINDER COMPTS (3 LEFT, 4 RIGHT) 310 80290310 7 DOOR FINISH, BRUSHED STAINLESS, SINGLE/DOUBLE SCBA COMPT (7) 311 89988888 1 SPECIAL ITEM, ALL BUT THE SCBA WITH FUEL FILL WILL BE TRIPLE BOTTLE SIZE 14 Line Item # Qty Item Description/Comments 312 1 **CLAR NOTES, TRIPLES WILL HAVE DIVIDER TO MAKE INTO TWO SECTIONS. 313 83030610 1 REAR FENDERS, STAINLESS STEEL (AERIALS) 314 89020335 1 LADDERS, ALCO-LITE QUINT (MT) 85' 16R', 24'-2sec, 35'-3sec & 10'F 315 89510150 1 ZIAMATIC QUIC-LIFT ELECTRIC LADDER RACK W/24' LADDER CHUTE 316 89530600 1 ENCLOSED STORAGE CHUTE 317 89530250 1 LADDER RACK ALARM, LEO LA20 318 1 **CLAR NOTES, 35 WILL GO IN LADDER CHUTE. 24 AND 16 WILL BE ON LADDER RACK. ELECTRICAL 319 84550110 1 LICENSE PLATE BRACKET W/ LIGHT, LED 320 84511100 1 BODY ELECTRICAL DESCRIPTION 321 84520000 1 BACK UP ALARM, ECCO SA917 322 85010140 1 TAILLIGHTS, WHELEN 600 SERIES, LED STOP/TAIL/TURN/REVERSE, TRIPLE HOUSING (PAIR) 323 85110100 1 ICC LIGHTS, LED 324 85510210 1 STEP LIGHTS, LED, WHELEN 2G AT PUMP PANEL & REAR BODY 325 85710010 1 UNDERCARRIAGE GROUND LIGHTS, TRUCK-LITE #44042C LED 326 86520200 1 REAR WORK LIGHTS, (2) RIGID D2 DIFFUSION FLOOD, LED 327 86600000 1 OPTICAL WARNING SYSTEM, UPPER 328 86610120 1 UPPER WARNING LIGHTS, ZONE A (FRONT), WHELEN FREEDOM IV 72" LED LIGHT BAR, F4N7QLED, 12 MODULES 329 86699999 1 UPPER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), COVERED BY ZONES A & C 330 86710105 1 UPPER WARNING LIGHTS, ZONE C (REAR), WHELEN LED BEACONS, L31 (PAIR) 331 86899999 1 UPPER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), COVERED BY ZONES A & C 332 87100000 1 OPTICAL WARNING SYSTEM, LOWER 333 87110110 1 LOWER WARNING LIGHTS, ZONE A (FRONT), WHELEN 600 SUPER LED, 60*02F*R (QTY 4) 15 Line Item # Qty Item Description/Comments 334 87811130 1 LOWER, ZONE A - MOUNTING LOCATION (DUAL HOUSINGS) 335 87210110 1 LOWER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), WHELEN 600 SUPER LED, 60*02F*R (QTY 3) 336 87812130 1 LOWER, ZONE B - MOUNTING LOCATION (SL75, SA75) 337 87310100 1 LOWER WARNING LIGHTS, ZONE C (REAR), WHELEN 600 SUPER LED, 60*02F*R (QTY 2) 338 87410110 1 LOWER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), WHELEN 600 SUPER LED, 60*02F*R (QTY 3) 339 87814130 1 LOWER, ZONE D - MOUNTING LOCATION (SL75, SA75) 340 87537732 4 ADDITIONAL WARNING LIGHTS, WHELEN 600 SUPER LED, 60*02F*R (PAIR) (4) 341 87537744 1 ADDITIONAL WARNING LIGHTS, WHELEN M9 SERIES LED, M9* (PAIR) (1) 342 87537752 3 ADDITIONAL WARNING LIGHTS, WHELEN M9V2* LED (PAIR) (3) 343 87040000 1 TRAFFIC ADVISOR, WHELEN LED, TAL65 36" 344 88390920 1 SCENE LIGHT, FRC SPECTRA 20K, 12V LED, FIXED/SWIVEL W/ SWITCH (1) 345 88393000 1 SCENE LIGHTS, FIRETECH 30K LUMENS, 12V LED, 72" 3‐PIECE BROW, FT‐B‐72‐ML‐3PKIT‐* (1) 346 88399940 1 ADDITIONAL SWITCH, 3-WAY FOR 12V LIGHTS (EA) (1) 347 86588888 1 SPECIAL ITEM, Mount Spectra 12v 15K Light on Right side of ladder tip. Reference West Palm Ladder Truck 348 1 **CLAR NOTES, Mount 12V 15 K Lumans on R side of tip of ladder AERIAL 349 10040220 1 MODEL SL75, AERIAL COMPONENTS 350 95010350 1 AERIAL LADDER, SL75 351 95012100 1 LIFTING CYLINDERS - SL75 352 95012200 1 EXTENSION & RETRACTION - SL75 353 95016100 1 TURNTABLE/ROTATION - SL75 354 95016171 1 CAB AND BODY CRUSH ALARM SYSTEM (SL75, SA75 ) 355 95015500 1 HYDRAULIC & ELECTRIC SWIVELS - SL75 356 95015220 1 HYDRAULIC SYSTEM - SL75 357 95015300 1 EMERGENCY AUXILIARY HYDRAULIC MOTOR 358 95015400 1 INTERLOCK - SP70, SA75, SL75 359 95022100 1 JACKS - SCISSORS JACKS 16 Line Item # Qty Item Description/Comments 360 95022150 1 AERIAL JACKS ALARM, ECCO DT500 361 95025310 1 CONTROL STATION - SL75 362 95025405 1 DATA PLAQUES - AERIALS 363 95025505 1 OPERATIONAL TEST - LADDERS 364 95025600 1 LADDER TEST, MISTRAS GROUP, INC 365 95033300 1 WATERWAY - SL75 366 95050130 1 AERIAL SPOT LIGHTS - (4) RIGID D2 SPOT, LED SA/SL/SLR) 367 95050190 1 LADDER LIGHTING SYSTEM, FIRETECH FT‐WL‐2000‐S‐B, LED (SA/SL/SLR75, SP70, SLR108) 368 95055500 1 MONITOR, AKRON 3480 STREAM MASTER2 ELEC RF W/5178 NOZZLE (SA/SL/SLR) 369 95060115 1 INTERCOM SYSTEM, FRC ACT 2-STATION (SA75/SL75/SLR75/SLR108) 370 95040410 1 DOUBLE LIFTING RINGS, 250 LB. EA 371 96088888 1 SPECIAL ITEM, SHORT JACK OPTION WITH HOSE LOAD FEATURE PAINT & FINISH 372 89910010 1 CORROSION REDUCTION PROGRAM (PROPOSALS) 373 90010050 1 STAINLESS PAINT SCHEME - STS PPRS & MINITOWER 374 90030007 1 TWO TONE CAB 375 90029910 1 PAINT BREAK #1 - BOTTOM OF WINDSHIELD 376 90030170 1 PAINT FRAME RAILS, FUEL TANK, & LOWER AERIAL COMPONENTS - BLACK (SINGLE AXLE) 377 90030190 1 TEXTURED FRAME RAIL COATING 378 90030032 1 PAINT, TURNTABLE, SIDE PLATES & LIFT CYLINDER OTHER THAN SILVER 17 Line Item # Qty Item Description/Comments 379 90030015 1 A/C CONDENSER PAINTED ROOF COLOR 380 90510010 1 LETTERING AND GRAPHICS 381 90610200 1 6" SCOTCHLITE STRIPE AROUND TRUCK 382 90630100 2 1" SCOTCHLITE STRIPE ABOVE OR BELOW - EACH (2) 383 90682120 1 CHEVRON STRIPING, REAR BODY OUTBOARD, REFLEXITE (Aerial Ladders) 384 90682220 1 CHEVRON STRIPING, REAR COMPT DOOR, REFLEXITE (Aerial Ladders) 385 90710300 1 BOOM SIGN, APPROX 66" x 10" 386 90720115 1 LETTERING FOR BOOM SIGN 387 90730300 1 HIGHLIGHT COLOR FOR BOOM SIGN LETTER EQUIPMENT 388 91010000 1 MISC EQUIP - (1) PINT TOUCH-UP PAINT, STAINLESS STEEL NUTS & BOLTS 389 91030700 1 ZIAMATIC SAC-44 FOLDING WHEEL CHOCKS (PAIR) MTD W/ SQCH-44H HOLDERS 390 89050500 1 PIKE POLE STORAGE TUBES (3), DRIVER'S SIDE 391 89050510 1 PIKE POLE STORAGE TUBES (3), OFFICER'S SIDE COMPLETION & WARRANTY 392 99010000 1 MANUALS (1-PRINTED & 1-USB) WITH DVD 393 99031110 1 DELIVERY, AERIAL APPARATUS 394 99510410 1 WARRANTY, ONE YEAR - AERIALS (HILLIARD) DEALER SUPPLIED 395 PDB000819 1 DEALER SUPPLIED - ALLOWANCE FOR EQUIPMENT MOUNTING 396 PDB000102 1 DEALER SUPPLIED - Antenna Mounting(1) 397 PDB000122 1 DEALER SUPPLIED - Compartment Matting- Ladder 398 PDB001175 1 DEALER SUPPLIED - Brigade 360 Camera Aerial 399 PDB000096 1 DEALER SUPPLIED - Radio Mount-Single Head 400 PDB000465 1 DEALER SUPPLIED - David Clark Intercom (Four Position Wireless) 401 PDB000403 1 DEALER SUPPLIED - Medical Glove Holders (Upper Crew Doors) 402 PDB000283 1 DEALER SUPPLIED - DEALER PREP 18 Line Item # Qty Item Description/Comments 403 PDB000381 1 DEALER SUPPLIED - PDI-Aerial 404 PDB000103 1 DEALER SUPPLIED - Cab 12V Electrical Provision 405 PDB000219 1 DEALER SUPPLIED - MISC NFPA EQUIPMENT- TBD 406 PDB000219 1 DEALER SUPPLIED - HOLMATRO RESCUE TOOL ALLOWANCE 407 PDB001203 1 DEALER SUPPLIED - Lazy Susan for Rescue Tools 408 PDB008888 1 HOSE AND NOZZLES PER DEPT 409 PD8000888 1 FLIR K65 W/ CHARGER AND TWO BATTERIES 410 10000410 1 PERFORMANCE BOND 411 1 COOPERATIVE PURCHASING AGENCY CONTRACT - NPP 8377 East Hartford Drive ▪ Suite 115 ▪ Scottsdale, Arizona 85255 ▪ 480/419 -4800 FAX 480/419-3606 ▪ www.PinnaclePublicFinance.com May 6, 2021 Ms. Samia Janjua Village of North Palm Beach 501 US Highway One North Palm Beach, FL 33408 Re: Master Equipment Lease Purchase Agreement dated February 21, 2020 and Schedule of Property No. 5 dated June 10, 2021 Dear Ms. Janjua: Attached are the documents for the Master Equipment Lease Purchase Agreement between Village of North Palm Beach and Pinnacle Public Finance, Inc. Please have the responsible parties execute the enclosed documents and return them to Pinnacle Public Finance, Inc., 8377 East Hartford Drive, Suite 115, Scottsdale, AZ 85255. To be completed and executed by an authorized representative of Village of North Palm Beach:  Master Equipment Lease Purchase Agreement Signed Agreement on file with Pinnacle  Amendment No. 1 Signed Agreement on file with Pinnacle  Exhibit A: Schedule of Property No. 1 This is an itemization of the Equipment to be purchased under this Schedule which incorporates the terms and conditions of the Master Agreement into the Schedule. Please verify the information is correct and sign at the bottom.  Exhibit A-1: Rental Payment Schedule This shows the date each payment is due, the amount of each payment including the interest and principal components, and the purchase price. Please verify this information is correct and sign at the bottom.  Exhibit B: Acceptance Certificate Please hold until equipment is delivered.  Bank Qualified Designation. This form provides a representation regarding the Bank Qualified or Non-Bank Qualified status of the Lease. Please complete and sign this form.  Insurance Coverage Requirements Please fill in the name, address and phone and fax numbers of the insurance agent in the top section. Please sign at the bottom that all information is accurate.  Lease Payment Instructions Please complete the Lease Payment Instructions and include any invoicing requirements in order to ensure prompt and accurate payment of all amounts due under the Lease. Please sign at the bottom that all information is accurate.  Form 8038G This form is to be sent and filed with the IRS. Please follow the separate instructions for this form. Please return the form to us for filing.  Legal Opinion of Counsel Please forward with the attorney cover letter to your counsel as soon as possible with a set of the executed documentation. 8377 East Hartford Drive ▪ Suite 115 ▪ Scottsdale, Arizona 85255 ▪ 480/419 -4800 FAX 480/419-3606 ▪ www.PinnaclePublicFinance.com To be executed by an authorized individual, OTHER THAN THE REPRESENTATIVE WHO EXECUTED THE ABOVE DOCUMENTS  Certificate of Signature Authority This document confirms that the person who has executed the above document is authorized to do so. THIS CANNOT BE EXECUTED BY THE SAME PERSON. Please forward this certificate, with the executed documents, to such person. In addition to the documents listed above, please provide us, prior to funding, with the following:  Certificate of Insurance - evidencing both Liability and Physical Damage coverage in the amounts stated on the Insurance Coverage Requirements form and naming Pinnacle Public Finance, Inc. as loss payee and additional insured. Please have your Insurance Agent reference Control #103123 on the certificate.  Tax Exempt Certificate – for the Village of North Palm Beach If you have any questions, please feel free to call me directly at 480-419-4233. Thank you for your assistance. I look forward to working with you on this transaction. Sincerely, Therese Lohmann Therese Lohmann Account Manager Enclosures EXHIBIT A SCHEDULE OF PROPERTY NO. 5 RE: MASTER EQUIPMENT LEASE PURCHASE AGREEMENT entered into as of February 21, 2020, ("Agreement"), between Pinnacle Public Finance, Inc. ("Lessor") and Village of North Palm Beach ("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 b een 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 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. One (1) Sutphen Custom Ladder Truck SL75 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: June 10, 2021 Lessor: Pinnacle Public Finance, Inc. Lessee: Village of North Palm Beach Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A-1 RENTAL PAYMENT SCHEDULE RE: Schedule of Property No. 5 dated June 10, 2021 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, Florida, as Lessee. Payment Payment Purchase Outstanding Pmt # Date Amount Interest Principal Price Balance 6/10/2021 $985,490.00 1 9/15/2022 $111,796.57 $28,024.87 $83,771.70 $919,752.67 $901,718.30 2 9/15/2023 $111,796.57 $20,288.66 $91,507.91 $826,414.60 $810,210.39 3 9/15/2024 $111,796.57 $18,229.73 $93,566.84 $730,976.42 $716,643.55 4 9/15/2025 $111,796.57 $16,124.48 $95,672.09 $633,390.89 $620,971.46 5 9/15/2026 $111,796.57 $13,971.86 $97,824.71 $533,609.68 $523,146.75 6 9/15/2027 $111,796.57 $11,770.80 $100,025.77 $431,583.40 $423,120.98 7 9/15/2028 $111,796.57 $9,520.22 $102,276.35 $327,261.52 $320,844.63 8 9/15/2029 $111,796.57 $7,219.00 $104,577.57 $220,592.40 $216,267.06 9 9/15/2030 $111,796.57 $4,866.01 $106,930.56 $111,523.23 $109,336.50 10 9/15/2031 $111,796.57 $2,460.07 $109,336.50 $0.00 $0.00 Totals: $1,117,965.71 $132,475.71 $985,490.00 Rate 2.2500% COMMENCEMENT DATE: June 10, 2021 Village of North Palm Beach Signature: Name/Title: Date: EXHIBIT B PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT FINAL ACCEPTANCE CERTIFICATE Re: Schedule of Property No. 5 dated June 10, 2021 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, 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 ackno wledges 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 d efined in the Agreement) exists at the date hereof. LESSEE Village of North Palm Beach 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 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 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 Village of North Palm Beach Signature: Name/Title: PLEASE RETURN PAYMENT REQUEST TO: Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 INSURANCE COVERAGE REQUIREMENTS LESSOR: Pinnacle Public Finance, Inc. LESSEE: Village of North Palm Beach Please Reference Control #103123 on the 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: Village of North Palm Beach Signature: Name/Title: Date: PAYMENT INSTRUCTIONS Pursuant to the Master Equipment Lease Purchase Agreement dated February 21, 2020 (the “Agreement”), Schedule of Property No. 5, dated June 10, 2021, between Pinnacle Public Finance, Inc. (the “Lessor”) and Village of North Palm Beach (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: ______Village of North Palm Beach________________________ TAX ID#: 59-6017984 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: Village of North Palm Beach Signature: Name/Title: Date: BANK QUALIFIED DESIGNATION Schedule of Property No. 5 dated June 10, 2021 to Master Equipment Lease Purchase Agreement dated February 21, 2020 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 (including the Lease) issued by, on behalf of or allocated to Lessee will be designated for pur poses 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: Village of North Palm Beach Signature: X Printed Name/Title: X Date: X Instructions for 8038-G: Updated for use with September, 2018 form The below described lines need to be completed by the Lessee: Line 2: Enter the EIN number of the Issuer (Lessee) An issuer (Lessee) that does not have an employer identification numb er (EIN) should apply for one on Form SS-4, Application for Employer Identification Number. This form may be obtained at Social Security Administration offices or by calling 1-800-TAX-FORM (1-800- 829-3676). You can also get this form on the IRS website at www.irs.gov. You may receive an EIN by telephone by following the instructions for Form SS-4. Lines 10a and 10b: Enter the name, title, and telephone number of the officer of the Issuer whom the IRS may call for more information If the issuer wishes to designate a person other than an officer of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information with respect to this return, enter the name, title, and telephone number of such person. Line 39: Bank Qualified Designation Check this box if this Lease is designated as a “small issuer exception” under section 265(b)(3)(B)(i)(III). [Issuer (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 calendar year 2021 will not exceed $10,000,000.] Lines 41a-41d and 42: Hedges If the issuer (Lessee) has identified a hedge, this section must be completed. Line 43: Written procedures regarding Remediation of Non-Qualified Bonds Check this box if Issuer (Lessee) has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements und er the Code and Regulations (see instructions). Line 44: Written procedures to monitor Section 148 of the Code Check this box if Issuer (Lessee) has established written procedures to monitor the requirements of Section 148 of the Internal Revenue Code (related to arbitrage and yield restriction). Lines 45a and 45b: Reimbursement If applicable, please identify whether any proceeds of the issue were used to reimburse expenditures. Please identify the amount of reimbursed expenditures and the date of the adoption of the official declaration of intent. [The instructions acknowledge that such declaration is not always required but do not provide guidance on completion without such requirement.] Signature and Consent: Please provide an authorized signature, date, and printed (or typed) name and title of the individual signing on behalf of Lessee. CERTIFICATE OF SIGNATURE AUTHORITY OF LESSEE June 10, 2021 Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 RE: Schedule of Property No. 5 dated June 10, 2021 (“Lease”) to the Master Equipment Lease Purchase Agreement dated February 21, 2020 (“Agreement”), by and between Village of North Palm Beach (“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. PLEASE FORWARD TO ATTORNEY Attorney for Village of North Palm Beach, as Lessee Re: Exhibit C, Opinion of Counsel, to Schedule of Property No. 5, dated November 24, 2020 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, 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. 5, dated November 24, 2020 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, as Lessee. Ladies and Gentlemen: As legal counsel to Village of North Palm Beach, (the "Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease Purchase Agreement dated as of February 21, 2020 and Exhibits thereto by and between Pinnacle Public Finance, Inc. (the "Lessor") and Village of North Palm Beach, (the "Agreement") and an executed counterpart of Schedule of Property No. 5 dated November 24, 2020 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 Florida 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 Florida. 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 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: May 27, 2021 SUBJECT RESOLUTION – Approving the Capital Purchase of one (1) Bauer Unicus Breathing Air Compressor System from Compressed Air Supplies & Equipment, Inc. in the amount of $63,890.34 utilizing pricing established in an existing National Purchasing Partners Cooperative Agreement and Declaring One (1) Mako Breathing Air Compressor System as Surplus Property. During the Fiscal Year 2021 budgetary process, the Fire Rescue Department requested the replacement of one (1) breathing air compressor system that has reached the end of its expected life- cycle (twenty years) and is obsolete, and not capable of filling the next generation of Self-Contained Breathing Apparatus. The Department’s equipment committee vetted a number of manufacturers’ products and concluded the Bauer Unicus Compressor System most closely meets our requirements over its expected life cycle. This Breathing Air Compressor System is sold by Compressed Air Supplies & Equipment, Inc. The pricing is established in an existing National Purchasing Partners Cooperative Agreement and includes a trade-in for our current system. The attached quote from Compressed Air Supplies & Equipment is based on the NPPGov pricing (solicited by the League of Oregon Cities) and includes the trade-in for a total cost with accessories of $63,890.34. The total cost for this Breathing Air Compressor System with accessories is less than the approved budget request of $68,000.00. During the Fiscal Year 2021 Budget Workshops, Council expressed the desire to utilize Capital Improvement Plan (CIP) funds [reserved in the Village’s Capital Projects Fund] to fund these types of purchases. The attached budget amendment utilizes $63,891 in CIP funds for the purchase of this breathing air compressor system. A CIP Fund Recap, as well as all supporting documentation, has been included in your agenda backup material for review. Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $63,891 K5541-66000 Reserve Expenses - Capital $63,891 Total Capital Projects Fund: $63,891 $63,891 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 one Bauer Unicus Breathing Air Compressor System as described in sales quote 10212 from Compressed Air Supplies & Equipment, Inc. at a total cost of $63,890.34, with funds expended from Capital Account No. K5812-66490 (Fire – Machinery & Equipment) utilizing the pricing established in an existing National Purchasing Partners Cooperative Agreement, authorizing the Mayor and Village Clerk to execute the required budget amendment for this capital purchase, and declaring the current Mako Air Compressor System as surplus property to be traded-in as part of this purchase in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE BAUER UNICUS BREATHING AIR COMPRESSOR SYSTEM UTILIZING PRICING ESTABLISHED IN A NATIONAL PURCHASING PARTNERS COOPERATIVE AGREEMENT; APPROVING THE EXECUTION OF A PARTICIPATION AGENCY ENDORSEMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $63,891.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; DECLARING AN EXISTING AIR COMPRESSOR SYSTEM AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department is requesting the purchase of one Bauer Unicus Breathing Air Compressor System with accessories from Compressed Air Supplies & Equipment, Inc. utilizing pricing established in a National Purchasing Partners (NPPGov) Cooperative Agreement solicited by the Oregon League of Cities; and WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of current cooperative purchasing contract; and WHEREAS, the Village Council seeks to amend the current capital projects fund budget to transfer $69,891.00 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 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 one Bauer Unicus Breathing Air Compressor System with accessories from Compressed Air Supplies & Equipment, Inc. utilizing pricing established in a National Purchasing Partners (NPPGov) Cooperative Agreement solicited by the Oregon League of Cities at a cost of $63,890.34, with funds expended from Account No. K5812-66490 (Fire – Machinery and Equipment). The Village Council authorizes the Mayor and Village Clerk to execute the Participating Agency Endorsement and Authorization required by NPPGov. 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: Page 2 of 2 Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $63,891 K5541-66000 Reserve Expenses - Capital $63,891 Total Capital Projects Fund: $63,891 $63,891 Section 4. The Village Council declares an existing Mako Air Compressor System as surplus property and authorizes its trade-in to offset the cost of the new equipment. Section 5. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK League of Oregon Cities IGA V1.0 Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America. WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements; DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITY Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency. b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies. DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTICLE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency” ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date:______________ BY: ITS: League of Oregon Cities Contact Information: Contact Person: Mike Culley Address: 1201 Court St NE #200, Salem, OR 97301 Telephone No.: 503-588-6550 Email: mculley@orcities.org DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 3/26/2020 League of Oregon Cities IGA V1.0 PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of ______________ (“Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ______________________________ Date:______________ BY: _________________________ ITS: _________________________ Participating Agency Contact Information: Contact Person: ________________________ Address: ______________________________ ______________________________________ ______________________________________ Telephone No.:__________________________ Email:_________________________________ DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A QUOTE Date 5/10/2021 Quote No. 10212 Name/Address North Palm Beach Fire Rescue Attn: Scott Freseman sfreseman@village-npb.org (561)841-3319 Ship To COMPRESSED AIR SUPPLIES & EQMT, INC 4081 SW 47th Ave, Suite 17 Davie, FL 33314 P: 954-929-4462 Info@compressedairsupplies.com P.O. No.Terms Check Rep Sean Ship Via TotalQuote valid for 90 Days Item Descript ion Qty Rate Total The below pricing provided is from The NPPgov contract. Bauer UN 4/13H-E3 Bauer Unicus 4-13H-E3 SCFM 13 l/min 368 Block IK12.14II 4 Stage 10 HP 1420 RPM P2 SECURUS › BAUER breathing air purification system with SECURUS › BAUER PLC based controller with 7” color HMI touchscreen display › NEMA 4 rated electrical enclosure with UL® listed control panel › Compressor low oil pressure and high temperature safety shutdowns › Emergency stop push button › Hinged cascade fill control panel with Lexan laminate air flow/fill schematic › Audible alarm on safety shutdowns › Inlet filter maintenance indicator › Automatic condensate drain system with non-corrosive condensate reservoir and integrated float sensor and automatic “Full” indication and compressor shutdown › Two (2) ASME code stamped air cylinders installed in an integral rack designed to hold four cylinders 1 52,635.60 52,635.60 Page 1 QUOTE Date 5/10/2021 Quote No. 10212 Name/Address North Palm Beach Fire Rescue Attn: Scott Freseman sfreseman@village-npb.org (561)841-3319 Ship To COMPRESSED AIR SUPPLIES & EQMT, INC 4081 SW 47th Ave, Suite 17 Davie, FL 33314 P: 954-929-4462 Info@compressedairsupplies.com P.O. No.Terms Check Rep Sean Ship Via TotalQuote valid for 90 Days Item Descript ion Qty Rate Total › Sound attenuating enclosure with slam-action latches and lift-off type hinges › NFPA 1901 2016 edition compliant 3 position containment fill station accommodates SCBA or SCUBA cylinders up to 31” overall length R20 Bauer CYL-9 /6K ASME Bauer CYL-9/6K Each additional ASME 6000 PSI cylinder; with relief valve & mounting Clamps R21 2 3,282.30 6,564.60 Bauer GT/CO/III Bauer GT/CO/III Electronic carbon monoxide monitor complete with calibration kit wired for alarm and shutdown (Calibration gas included) R21 1 3,858.30 3,858.30 Bauer Fire Edition Upgrade Bauer Fire Edition R21 1 3,335.40 3,335.40 Ship & hand Shipping & Handling 1 1,500.00 1,500.00 Subtotal 67,893.90 Below is the amount of credit being applied for trading in your old system and is not part of the NPPgov contract. This system is composed of the fill station, compressor and storage cylinders. Misc Items Buy back amount for Complete used Mako system -1 4,003.56 -4,003.56 Page 2 $63,890.34 LEAGUE OF OREGON CITIES MASTER PRICE AGREEMENT This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and BAUER COMPRESSORS, INC. (“Vendor”). RECITALS WHEREAS, the Vendor is in the business of selling certain HIGH PRESSURE BREATHING AIR COMPRESSOR SYSTEMS AND ACCESSORY’S, as further described herein; and WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 1920 for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA); and WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows: ARTICLE 1 – CERTAIN DEFINITIONS 1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 1920 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”). 1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind. 1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law. 1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers. 1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree. 1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation. 1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems. The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America. 1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement. 1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement. 1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable. ARTICLE 2 – AGREEMENT TO SELL 2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement. 2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause. 2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties. 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party. 2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority: (i) This Agreement; (ii) The RFP; (iii) Vendor’s Proposal; 2.6 Extension of contract terms to Participating Agencies: 2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies. 2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. 2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP. 2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855. See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon. ARTICLE 3 – TERM AND TERMINATION DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 4 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term. 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party. ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY 4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A. Purchaser recognizes the items are sold FOB Ex-works Norfolk, Virginia and any costs associated with freight, offloading and final placement of the equipment shall be tendered separately. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA. 4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser. 4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes. Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading. 4.4 Except as specifically set forth on Attachments A and F and the aforementioned section 4.1, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”). 4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser. 4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer via separate quote shipping costs to the Purchaser’s location, as well off loading, final positioning and installation of the compressor system and ancillary components as upon request. 4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 5 4.8 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location. ARTICLE 5 – INSURANCE 5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT. 5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement. 5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency. ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS 6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 6 Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years. 6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party. ARTICLE 7 – WARRANTIES Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein. ARTICLE 8 - INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location. If any of the Products are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non- conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 7 ARTICLE 9 – SUBSTITUTIONS Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser. ARTICLE 10 - COMPLIANCE WITH LAWS 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates. 10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder. ARTICLE 11 – PUBLICITY / CONFIDENTIALITY 11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party. 11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement. ARTICLE 12 - RIGHT TO AUDIT Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination. ARTICLE 13 - REMEDIES Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 8 ARTICLE 14 - RELATIONSHIP OF PARTIES Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other. ARTICLE 15 - NOTICES All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below: If to Lead Contracting Agency: LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 Salem OR 97301 ATTN: Jamie Johnson-Davis Email: rfp@ORCities.org If to Vendor: BAUER COMPRESSORS, INC. 1328 Azalea Garden Road Norfolk, VA 23502 ATTN: William Dickson Email: bill.dickson@bauercomp.com Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above. ARTICLE 16 - FORCE MAJEURE Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is ca used by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 9 ARTICLE 17 - WAIVER No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing. ARTICLE 18 - PARTIES BOUND; ASSIGNMENT This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed. ARTICLE 19 - SEVERABILITY To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly. ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT 20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control. 20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter. ARTICLE 21 - HEADINGS Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement. ARTICLE 22 - MODIFICATIONS This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 10 ARTICLE 23 - GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions. ARTICLE 24 - COUNTERPARTS This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below. PURCHASER: Signature: ____________________________________ Printed Name: Title: ____________________________________________ LEAGUE OF OREGON CITIES Dated: ____________________________ VENDOR: Signature: ______________________________ Printed Name: Title: _____________________________ BAUER COMPRESSORS, INC. Dated: ____________________________ DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C Mike Cully 4/17/2020 Executive Director 4/17/2020 William Dickson VICE PRESIDENT OF SALES 11 ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) Product Category Percentage (%) off List Price* (OR fixed price if % off pricing is not available) OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED CIRCUIT SCBA SYSTEMS FACEPIECES REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE, RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR CONNECTION (RIC UAC) BREATHING AIR STORAGE CYLINDERS 10% MAINTENANCE, SERVICE AND TESTING HIGH PRESSURE BREATHING AIR COMPRESSOR SYSTEMS AND COMPONENTS 10% Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement. Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 12 ATTACHMENT B to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL SELLER WARRANTIES To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 13 ATTACHMENT C to Master Price Agreement by and between VENDOR and PURCHASER. PARTICIPATING AGENCIES The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency. Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 14 ATTACHMENT D to Master Price Agreement by and between VENDOR and PURCHASER. Vendor’s Proposal (The Vendor’s Proposal is not attached hereto.) (The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 15 ATTACHMENT E to Master Price Agreement by and between VENDOR and PURCHASER. Purchaser’s Request for Proposal (The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 16 ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C Certificate Of Completion Envelope Id: 13364BC359354E4C849576CA8816258C Status: Completed Subject: Please DocuSign: MPA 1920 LOC and Bauer SCBA FINAL.pdf Source Envelope: Document Pages: 16 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Bill DeMars AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1100 Olive Way Suite 1020 Seattle, WA 98101 bill.demars@nppgov.com IP Address: 173.29.186.28 Record Tracking Status: Original 4/17/2020 8:05:38 AM Holder: Bill DeMars bill.demars@nppgov.com Location: DocuSign Signer Events Signature Timestamp Mike Cully mcully@orcities.org Executive Director Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 71.63.237.219 Sent: 4/17/2020 9:09:45 AM Viewed: 4/17/2020 9:20:08 AM Signed: 4/17/2020 9:20:19 AM Electronic Record and Signature Disclosure: Accepted: 4/17/2020 9:20:08 AM ID: c1e5bdd1-485c-432d-be63-6fd9a03b4b1f William Dickson bill.dickson@bauercomp.com VICE PRESIDENT OF SALES Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 216.54.44.82 Sent: 4/17/2020 9:09:45 AM Viewed: 4/17/2020 10:08:38 AM Signed: 4/17/2020 10:27:27 AM Electronic Record and Signature Disclosure: Accepted: 4/15/2020 7:01:53 AM ID: 460eee00-c0ce-4843-b3b5-598694f5efc2 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/17/2020 9:09:45 AM Certified Delivered Security Checked 4/17/2020 10:08:38 AM Signing Complete Security Checked 4/17/2020 10:27:27 AM Completed Security Checked 4/17/2020 10:27:27 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Mike Cully, William Dickson How to contact National Purchasing Partners: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: bruce.busch@mynpp.com To advise National Purchasing Partners of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at bruce.busch@mynpp.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify National Purchasing Partners as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by National Purchasing Partners during the course of my relationship with you. LEAGUE OF OREGON CITIES Fire Fighter Self Contained Breathing Apparatus Solicitation Synopsis Solicitation No. 1920 Intent The League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Fire Fighter Self Contained Breathing Apparatus. LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement. Determination for issuing RFP vs. Sealed Bid LOC has determined that it is advantageous for LOC to procure Fire Fighter Self Contained Breathing Apparatus using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding. Sealed bidding limits evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) for LOC and its members. Procedure LOC issued an RFP (1920) on November 12th, 2020. The RFP was published in the Daily Journal of Commerce on November 11th, 2020. The RFP was published in USA Today on November 12th, 2020. The RFP closed on January 24th, 2020. The RFP was awarded on March 5th, 2020. The RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and www.findrfp.com The text of the published notice of solicitation is as follows: LOC received a proposal (s) from the following vendor (s): 1. Arctic Compressor, LLC 2. Bauer Compressors, Inc. 3. Cascade Fire Equipment Company 4. Curtis 5. Draeger, Inc 6. MECO 7. MES 8. Ten-8 A copy of the log for proposals received is attached hereto. Proposals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s): 1. Arctic Compressor, LLC 2. Bauer Compressors, Inc. 3. Cascade Fire Equipment Company 4. Curtis 5. Draeger, Inc 6. MECO 7. MES 8. Ten-8 Evaluation The evaluation was based on the following criteria as described in the RFP (weighted): Component Evaluated Weight Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions. PPW Section 7.0 and Pricing structure. 25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability. PPW Section 9.0. 15 Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce. PPW Section 4.0. 15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce. PPW Sub-Sections 2.3 & 2.4 and Section 6.0. 15 Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation. Experience with cooperative purchasing. PPW Sub-Section 1.2. 15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable. PPW Section 3.0 and Exhibit 1. 10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable. PPW Section 8.0 and 4.5 of RFP. 5 TOTAL 100 Pricing Structure Arctic Compressor, LLC: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Bauer Compressors, Inc: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Cascade Fire Equipment Company: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Curtis: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Draeger, Inc: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. MECO: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. MES: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Ten-8: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Additional Information National Purchasing Partners Bruce Busch, Senior VP 1100 Olive Way bruce.busch@mynpp.com Suite #1020 (206) 515-5439 Seattle, WA 98101 www.nppgovernment.com Beginning Balance $173,106 Transfers in:Resolution / Ordinance Amount Total FY 2021 Transfer in (transfer during budget process) Ordinance # 2020‐08 510,000   Total Transfers in $510,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2021 Battery Extrication Tool 2021‐28 (19,271)    Lakeside Park Playground Renovation on 5/27/2021 agenda (35,000)    Breathing Air Compressor System on 5/27/2021 agenda (63,891)    Total Purchases ($118,162) CIP Fund Available Balance $564,944 Village of North Palm Beach CIP Fund Recap Fiscal Year 2021 5/11/2021 VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2021 - 2025 Strategic Result :Department : Organizational Excellence Fire Rescue Project Name :Year(s) :2021 Breathing Air Compressor & Fill Station Replacement Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Replace a 1999, 5000 p.s.i. breathing air compressor and a three cylinder filling station with a 6000 p.s.i compressor and four cylinder filling station; also replacing the high-pressure cascade cylinders. The current, 1999 breathing air compressor was purchased when SCBA cylinders were either 2216 p.s.i. or 4500 p.s.i.. All current SCBA are 4500 p.s.i., and the next generation will be 5000 p.s.i.; our current compressor and filling station is not capable of meeting this demand. Adding the four cylinder filling station will allow more cylinders to be refilled quicker to place our units back in service faster This purchase replaces existing, outdated equipment with modern, state-of-the-art equipment. The use of Self-contained Breathing Apparatus is essential to the safety and health of our fire rescue personnel allowing them to perform at their highest level. The air used to fill these cylinders must be of the highest quality to allow our personnel to function at their best. By continuing our practice of quarterly, third-party lab air quality tests we would expect this new compressor, with new, improved filtration systems to continue meeting the Department's high quality standards. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2021 - 2025 Project Name :Breathing Air Compressor & Fill Station Replacement Strategic Result :Organizational Excellence Department :Fire Rescue 2021 2022 2023 2024 2025 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 0 Vehicle 0 Equipment 68,000 68,000 Other 0 Total Budget $68,000 $0 $0 $0 $0 $68,000 Funding Sources : General revenues $68,000 $68,000 Impact fees 0 Grant revenues 0 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $68,000 $0 $0 $0 $0 $68,000 Operating Impact : Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 This equipment is vital to the continuance of providing high quality, critical fire service to the community Minimal impact on operating budget. Replacement of existing, outdated equipment with modern, state-of-the-art equipment. Comment: VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Susanne Hachigian, Public Works Manager DATE: May 27, 2021 SUBJECT: RESOLUTION – Approval of Second Amendment of the Cross Parking Agreement with First Unitarian Church Village staff recommends adoption of a resolution approving the second amendment of the Cross Parking Agreement with the First Unitarian Church, which provides parking for Village employees during the work week, at a cost of $5,700 for a term beginning October 1, 2021 and ending September 30, 2022. There is no increase in the annual payment under this Amendment. Background: Through the adoption of Resolution 55-2005, the Village Council approved a Cross Parking agreement with the First Unitarian Church, authorizing the Village to utilize up to thirty (30) parking spaces in the church’s parking lot Monday through Friday for a monthly fee and authorizing the church to utilize parking spaces in front of the Village’s Public Works facility on Saturdays and Sundays free of charge. The Public Works facility has limited parking for staff members; the church is located just south of the Public Works facility and provides parking for most of the Public Works employees. In 2011, the Village Council approved a First Amendment to the Cross Parking Agreement to increase the compensation paid by the Village to the Church from $3,600.00 per year to $4,000.00 per year, effective January 1, 2012. Through the adoption of Resolution 2016-41, the Village Council approved a new Cross Parking Agreement with the Church and increased the annual compensation to $5,700.00 per year. This term of this new Agreement extended to September 30, 2019, and on July 11, 2019, the Village Council approved a First Amendment to extend the term through September 30, 2021, with no increase in compensation. In preparation for the upcoming fiscal year, First Unitarian has agreed to extend the length of the contract for another year with no increase in compensation.  This Second Amendment will extend the term through September 30, 2022.  The Village will pay the church $1,425.00 on October 1, 2021, representing payment from October 1, 2021 through December 31, 2021.  On January 1, 2022, the Village will pay the Church, $4,275.00, representing payment January 1, 2022 through September 30, 2022.  There is be no increase in compensation during the term of the agreement and either party may terminate the Agreement with one hundred twenty (120) days’ written notice. The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General Fund Public Works Administration A6018-33491 Contractual Services $5,700.00 Recommendation: Village staff requests Council consideration and approval of the attached Resolution approving a Second Amendment of the Cross Parking Agreement with the First Unitarian Church and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE CROSS PARKING AGREEMENT WITH THE FIRST UNITARIAN CHURCH TO EXTEND THE TERM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2016-41 on July 28, 2016, the Village Council approved a new Cross Parking Agreement (“Agreement”) with The First Unitarian Universalist Congregation of the Palm Beaches a/k/a First Unitarian Church (“Church”) authorizing the Village to utilize up to thirty parking spaces in the Church’s parking lot Monday through Friday for a monthly fee and authorizing the Church to utilize parking spaces in front of the Village’s Public Works facility on Saturdays and Sundays free of charge; and WHEREAS, through the adoption of Resolution 2019-63 on July 11, 2019, the Village Council approved an Amendment to the Agreement to extend the term through September 30, 2021, and provide for payment through the extended term; and WHEREAS, the parties wish to again amend the Agreement to extend the term through September 30, 2022, and provide for payment through the extended term; and WHEREAS, the Village Council determines that the execution of a Second Amendment to the Cross Parking Agreement is in the best interests of the residents and citizen 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 Second Amendment to the Cross Parking Agreement with The First Unitarian Universalist Congregation of the Palm Beaches a/k/a First Unitarian Church, 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. The annual payment shall remain at $5,700.00, with funds expended from Account No. A6018-33491 (Public Works Administration – Contractual Services). Section 3. All resolutions or parts of resolution 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 ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PARKS AND RECREATION DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Stephen Poh, Director of Parks and Recreation DATE: May 27, 2021 SUBJECT: RESOLUTION – Budget Amendment – Lakeside Park Playground Renovation Village staff is recommending adoption of a Resolution approving a budget amendment that will allow staff to initiate the Lakeside Park Playground Renovation Project. Background: This year’s budget (FY 2021) includes $35,000 in the Village’s Capital Improvement Plan (CIP) for the Lakeside Park Playground Renovation project. The scope of the project includes replacing some playground parts and a welcome sign, adding one piece of playground equipment, replacing fencing, removing rust and repainting. Village Staff has received the following cost estimates for the various components of the project: Playground Equipment: The attached quote for parts and labor are from Advanced Recreational Concepts, LLC, and is based on The Volusia County Contract. The total cost for this component of the project is $17,860.61 Fencing: Currently, the fencing that surrounds the playground is rusting in a lot of areas and needs to be replaced. We received 3 quotes for the removal and replacement of the fencing. Keyed up Fence, LLC was the lowest bidder at $9,600. Additional items: Staff is still waiting on a quote for a tree to provide shade but anticipates a cost of $7,000. The Friends of Lakeside requested that the proposed shade tree be installed inside the playground area. The following budget amendment uses $35,000 in CIP funds for this project. This budget amendment is for the entire project; each component of the project will be purchased in accordance with the Village’s purchasing rules and regulations. A CIP Fund Recap, as well as all supporting documentation, has been included in your agenda backup material for review. Budget Amendment: Account Description Use Source Capital Projects Fund: K8028-66210 Recreation – Construction & Major Renovation $35,000 K5541-66000 Reserve Expenses – Capital $35,000 Total $35,000 $35,000 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 authorizing the Mayor and Village Clerk to execute the required budget amendment for the Lakeside Park Playground Renovation capital project in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $35,000.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE RECREATION – CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE LAKESIDE PARK PLAYGROUND RENOVATION PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for Fiscal Year 2021, the Parks and Recreation Department requested funding for the Lakeside Park Playground Renovation Project, including, but not limited to, replacing playground parts, adding a new piece of playground equipment, replacing and repairing fencing, repainting and installing a new shade tree utilizing Capital Improving Plan (CIP) Funds; and WHEREAS, each of the purchases will comply with the Village’s purchasing policies and procedures; and WHEREAS, the Village Council seeks to amend the current Capital Projects Fund budget to transfer $35,000.00 from the Capital Reserve Account to the Recreation – Construction and Major Renovation Capital Account to fund the project; 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. In order to fund the Lakeside Park Playground Renovation Project, 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 following budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K8028-66210 Recreation – Construction & Major Renovation $35,000 K5541-66000 Reserve Expenses – Capital $35,000 Total $35,000 $35,000 Page 2 of 2 Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Beginning Balance $173,106 Transfers in:Resolution / Ordinance Amount Total FY 2021 Transfer in (transfer during budget process) Ordinance # 2020‐08 510,000   Total Transfers in $510,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2021 Battery Extrication Tool 2021‐28 (19,271)    Lakeside Park Playground Renovation on 5/27/2021 agenda (35,000)    Breathing Air Compressor System on 5/27/2021 agenda (63,891)    Total Purchases ($118,162) CIP Fund Available Balance $564,944 Village of North Palm Beach CIP Fund Recap Fiscal Year 2021 5/11/2021 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council BY: THRU: Andrew D. Lukasik, Village Manager Chuck Huff, Public Works Director DATE: May 27, 2021 SUBJECT: RESOLUTION– Approving the emergency purchase of a chiller for the Public Safety Facility from Carrier Corporation in the amount of $99,499.52 Village Staff is recommending Village Council consideration and adoption of a Resolution approving the purchase of a new chiller for the Public Safety Facility. Background: The Village’s Public Works Facilities Department has determined that the chiller at the Public Safety Facility has met the end of its useful life. The Village purchased the Public Safety Building chiller in 2012. The anticipated life span for a chiller is between seven and ten years. The environment, namely the salt air from the ocean, has contributed to the deterioration of the chiller to the point of collapse. Since 2015, the Village has spent approximately $54,000.00 in replacement parts – this included an emergency repair of the coils in 2017. The chiller has one bad coil and the second one is failing. Because of the delay in receiving equipment, Carrier has agreed to replace the bad coil on the existing unit for a reduced price until the new unit arrives. This unit was scheduled for replacement in FY 2023 as part of the Village’s 5-Year Capital Improvement Plan. Purchasing: Carrier Corporation has been awarded a multi-year cooperative purchasing contract in the Utility category through Sourcewell (a cooperative purchasing agency of which the Village is a member). The new chiller will come with a coating similar to the Country Club Roof units, extending their life. Additionally, there will be a complete parts/labor warranty for ten years on the new unit. Funding: This is not a budgeted item. Village Staff is recommending using monies from the General Fund to make this purchase now and a budget amendment will be prepared at year-end if necessary. Due to the nature of this project, Village Staff is recommending a 10% contingency of $9,950 for a total project budget of $109,449.52: Description Amount Equipment $75,064.52 Installation 24,435.00 Subtotal $99,499.52 10% Contingency 9,950.00 Total w/ Contingency $109,449.52 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General General Services – Public Safety Building A5510-66210 Construction & Major Renovation $99,499.52 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the purchase of a new chiller for the Public Safety Facility from Carrier Corporation at a total cost not to exceed $99,499.52, with funds expended from Account No. A5510-66210 (Public Safety Building - Construction and Major Renovation), in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE EMERGENCY PURCHASE OF A NEW CHILLER FROM CARRIER CORPORATION FOR THE PUBLIC SAFETY FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the chiller for the Public Safety Facility has reached the end of its useful life and Village Staff recommended the purchase of a new chiller from Carrier Corporation utilizing equipment pricing set forth in an existing Sourcewell cooperative purchasing agreement; and WHEREAS, in accordance with the Village’s purchasing polices and procedures, emergency purchases in exceed of $50,000 require Village Council approval; and WHEREAS, the Village Council determines that the adoption of this Resolution , including the waiver of any conflicting purchasing policies and procedures, 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 approves the emergency purchase of a chiller for the Public Safety Facility from Carrier Corporation utilizing equipment pricing established in an existing Sourcewell cooperative purchasing agreement. The total cost of the purchase, including the equipment, a factory extended warranty, cabinet coating and labor is $99,499.52, with funds expended from Account No. A5510-66210 (General Services/Public Safety – Construction and Major Renovation). With a ten percent contingency, the total project budget is $109,449.52. Section 3. This Resolution shall take immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Carrier Commercial Service 5440 NW 33rd Ave, Suite 108 Fort Lauderdale, FL 33309 (954) 315-5168 PROPRIETARY and CONFIDENTIAL Carrier Commercial Service Sourcewell Based – Chiller Replacement Project Prepared For: Dennis Nentwick Village of North Palm Beach City Hall & Public Safety Chiller Replacement Budgets North Palm Beach FL 33408 (561) 691-3445 dnentwick@village-NPB.org Presented by: Scott McLennan, LEED AP Carrier Corporation Cell: (954) 448-9775 E-Fax: (860) 998-1014 scott.mclennan@carrier.utc.com http://www.commercial.carrier.com Date of Proposal Revision: 5/18/2021 Chiller Replacement Project Page 2 of 4 PROPRIETARY and CONFIDENTIAL Executive Summary Carrier is presenting Chiller replacement products to match existing equipment capacity with suggest Best-Choice options based on discounts off Master List Price as established by Sourcewell cooperative purchasing program. Chiller Replacement Project Page 3 of 4 PROPRIETARY and CONFIDENTIAL NJPA/ SOURCEWELL PRICING: EQUIPMENT ONLY Carrier has agreed to provide fixed equipment discounts off list price for equipment, and fixed mark-up for Extended Factory Warranty products and Factory start-up services. Installation services will be quoted separately as Turnkey installation services under Sourcewell Contract rates. Equipment will be sold to the Village directly, tax exempt, FOB factory with freight to your facility (or desired destination) pre-paid. Receiving, local cabinet coatings, unloading, storage and final placement costs will need to be considered in the turnkey installation proposal, or arraigned by others. Options for Extended Factory Warranty and Environmental Corrosion Protection are listed below. Sourcewell Pricing: MLP Discount/ Net Cost Public Safety: Mark-up 30RAP0606H-0G404 $152,972.00 59% off $62,718.52 Factory Start-up Net $ 950.00 +20% $ 1,102.00 Equipment Total Public Safety-Built to Order $63,820.52 Factory Extended Warranty Options Complete unit P&L 10-years Net $ 6,120.00 +20% $ 7,344.00 Equipment Options: Cabinet Coating: (Advantcoat) $3,000.00 +30% $ 3,900.00 TOTAL EQUIPMENT PACKAGE: $75,064.52 This Equipment will be sold tax exempt under separate PO from Village. Tax Exemption certificate needs to accompany Purchase Order. Equipment is sold FOB factory, with freight pre-paid to South Florida. Equipment selection, submittal approvals and receiving and storage and final delivery will be included in Installation portion of project. Chiller Replacement Project Page 4 of 4 PROPRIETARY and CONFIDENTIAL Installation based on Fixed Labor rates and mark-ups: Public Safety: Carrier Project Management Labor N/C $ 0.00 Carrier Direct Labor – OT start UP 4 @ $225 OT $ 900.00 Carrier Direct labor – coil replacement $ 8@$150 ST $ 1,200.00 Pipe-fitting labor and Materials $ 12,800.00 X 1.30 $ 16,640.00 Receiving, storage, delivery $ Included above $ 0.00 Weekday Crane Service $ included above $ 0.00 Materials – Repair existing chiller $1,781.00 X 1.30 $ 2,315.00 Insulation subcontractor $ 2,200.00 X 1.30 $ 2,860.00 Disposal $ 400.00 X 1.30 $ 520.00 Total Public Safety install $24,435.00 Permit processing, Engineering and Fees, if any, will be passed through at cost X 1.30 under a separate job/PO. Sincerely, Scott McLennan Maintenance, Repairs, Modernization PLEASE CALL WITH QUESTIONS: (954) 448-9775 NJPA/ Sourcewell Terms and Conditions will govern sale. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2021 - 2025 Strategic Result :Department : Organizational Excellence Public Works Project Name :Year(s) :2023 Public Safety Building Air Handler Replacement Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Replace (2) Air Handlers in the Public Safety Building. Due to the age of the Air Handler Units at the Public Safety Building and the close location to saltwater, these two (2) Air Handlers will need to be replaced in the very near future. The interior and exterior of these units are rusting away. Since the Public Safety Building is occupied 24 hour per day and 7 days a week the A/C needs to be operational at all times. This facility also serves as the Village's Emergency Operations Center. Avoid breakdown of air handlers in the Public Safety Building. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2021 - 2025 Project Name : Strategic Result : Department : 2021 2022 2023 2024 2025 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 40,000 40,000 Equipment 50,000 50,000 Vehicle 0 Other 0 Total Budget $0 $0 $90,000 $0 $0 $90,000 Funding Sources : General revenues $0 Impact fees 0 Grant revenues 90,000 90,000 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $0 $0 $90,000 $0 $0 $90,000 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 Comment: The Village will appropriate any grant matching requirements upon notification of grant approval. If targeted grant isn't awarded, the Village will need to either suspend the project or seek alternate funding sources. Public Safety Building Air Handler Replacement Organizational Excellence Public Works No significant impact. Capital expenditure is designed to replace existing air handler units.