07-27-2023 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JULY 27, 2023
501 U.S. HIGHWAY 1 7:00 PM
David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
To watch the meeting live please go to our website page (link provided below) and click the “Watch
Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held July 13, 2023
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 Chamb ers) and
submit it to the Village Clerk prior to the beginning of the meeting.
Regular Session Agenda, July 27, 2023 Page 2 of 3
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.
2. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with GT
Supplies, Inc. in the total amount of $75,000 for dumpster repairs.
3. RESOLUTION – Accepting a proposal from Integrity Landscape, LLC for swale renovations on
specified Village roadways at a total cost of $32,300; and authorizing execution of the Contract.
4. Receive for file Minutes of the Environmental Committee meeting held 6/5/23.
5. Receive for file Minutes of the Waterways Advisory Board meeting held 6/27/23.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
6. 1ST READING OF ORDINANCE 2023-10 – CODE AMENDMENT – ANCHORAGE PARK LAUNCH
RAMP STICKERS Consider a motion to adopt on first reading Ordinance 2023-10 amending Article
II, "Boat Launching Area," of the Village Code of Ordinances by amending Section 5-33 to modify
the required location for Anchorage Park launch ramp stickers.
7. 1ST READING OF ORDINANCE 2023-11 – COUNTRY CLUB BUDGET AMENDMENT Consider
a motion to adopt on first reading Ordinance 2023-11 amending the adopted Country Club Budget
for Fiscal Year 2023 to transfer $800,000 from the Special Projects Fund to the Country Club
Construction and Major Renovation Account to fund the replacement of the tennis court lighting and
fencing; and authorizing execution of the Budget Amendment.
8. 1ST READING OF ORDINANCE 2023-12 – CODE AMENDMENT – PEDDLERS OR SOLICITORS
Consider a motion to adopt on first reading Ordinance 2023-12 amending Chapter 17, "Licenses and
Miscellaneous Business Regulations, " of the Village Code of Ordinances; amending Article II, "Local
Business Tax," by amending Section 17-33, "Business Tax Schedule," to remove the annual tax for
Canvassers and Solicitors; amending Article VIII, "Peddlers and Solicitors," by amending Section 17-
88, "Limitation on hours for Peddling and Solicitation," to modify the permissible hours and Section
17-90, "Notice by Property Owners," to clarify the enforcement on private property.
OTHER VILLAGE BUSINESS MATTERS
9. RESOLUTION – ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2023-2024 AND SETTING
THE 1ST PUBLIC HEARING Consider a motion to adopt a resolution adopting a tentative millage
rate of 7.0000 mils for Fiscal Year 2024; establishing a date, time, and place for the first reading on
the Tentative Budget and Proposed Millage Rate; and authorizing the Village Manager to submit the
required forms to the Palm Beach County Property Appraiser.
10. RESOLUTION – ALTERNATE SPECIAL MAGISTRATE Consider a motion to approve a resolution
appointing Kevin M. Wagner as the Village’s Alternate Code Enforcement Special Magistrate.
11. RESOLUTION – COUNTRY CLUB GOLF COURSE NETTING INSTALLATION Consider a motion
to approve a resolution accepting a proposal from Action Sports Netting, Inc. for the installation of
Golf Course Netting at the North Palm Beach Country Club at a total cost of $176,985.70; and
authorizing execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
Regular Session Agenda, July 27, 2023 Page 3 of 3
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 Council 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
JULY 13, 2023
Present: David B. Norris, Mayor
Susan Bickel, Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tem
Mark Mullinix, Councilmember
Deborah Searcy, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge.
Mayor Norris announced that Item Number 11, Public Hearing and Second Reading of Ordinance
2023-10 – Code Amendment – Artificial Turf/Synthetic Grass had been pulled from the agenda
and would not be heard.
APPROVAL OF MINUTES
The Minutes of the Regular Session held June 22, 2023 were approved as written.
STATEMENTS FROM THE PUBLIC
Senator Bobby Powell, District 24, gave a 2023 Legislative Session update.
Karen Baldwin, 753 Lagoon Drive, expressed her concerns regarding vehicles parking in swales.
Walter Eckler, 2671 Lorraine Court, expressed his concerns regarding the absence of a storm drain
on Lorraine Court. Mr. Eckler asked about the storm drain assessment and when a storm drain
would be installed.
Bob Starkie, 36 Yacht Club Drive, expressed his concerns regarding the proposed 200 Yacht Club
Drive project and potential traffic issues.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 2 of 8
STATEMENTS FROM THE PUBLIC continued
Tim Hullihan, 840 Country Club Drive, expressed his concerns regarding artificial turf/synthetic grass.
CONSENT AGENDA APPROVED
Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Aubrey
seconded the motion, which passed unanimously. The following items were approved:
Resolution approving the purchase of Police Department Radio Equipment and Accessories
from Communications International, Inc. at a total cost of $39,866.84; and authorizing the
Village Manager to take all actions necessary to effectuate the purchase.
Receive for file Minutes of the Planning Commission meeting held 11/1/22.
Receive for file Minutes of the Planning Commission meeting held 12/6/22.
Receive for file Minutes of the Planning Commission meeting held 2/14/23.
Receive for file Minutes of the Planning Commission meeting held 3/7/23.
Receive for file Minutes of the Library Advisory Board meeting held 5/23/23.
Receive for file Minutes of the Business Advisory Board meeting held 6/20/23.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06
ORDINANCE 2023-05 – CODE AMENDMENT – COMPREHENSIVE PLAN AMENDMENT
A motion was made by President Pro Tem Aubrey and seconded by Councilmember Mullinix to
adopt and enact on second reading Ordinance 2023-05 entitled:
ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE VILLAGE
OF NORTH PALM BEACH COMPREHENSIVE PLAN TO FACILITATE
REDEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to
adopt and enact on second reading Ordinance 2023-06 entitled:
ORDINANCE 2023-06 – CODE AMENDMENT – C3 REGIONAL BUSINESS DISTRICT
ZONING REGULATIONS
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE III, “DISTRICT REGULATIONS,” OF
APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 45-34.1 TO REVISE THE ZONING REGULATIONS FOR THE C-3 REGIONAL
BUSINESS DISTRICT TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW
PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-35.1,
“PLANNED UNIT DEVELOPMENT,” TO ALLOW FOR USE BY PROPERTIES WITHIN
THE C-3 ZONING DISTRICT UNDER SPECIFIED CIRCUMSTANCES; AMENDING
ARTICLE VII, “NONCONFORMING USES OF LAND AND STRUCTURES,” BY
AMENDING SECTION 45-65 TO REMOVE A REFERENCE TO THE C-3 ZONING
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 3 of 8
ORDINANCE 2023-06 – CODE AMENDMENT – C3 REGIONAL BUSINESS DISTRICT
ZONING REGULATIONS continued
DISTRICT; AMENDING ARTICLE VIII, “LANDSCAPING,” BY AMENDING SECTIONS
45-90, “LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS,” AND SECTION 45-91,
“LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION,” TO MODIFY THE
REQUIREMENTS FOR THE C-3 ZONING DISTRICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Alex Ahrenholz began a presentation to explain the purpose of the ordinances. Mr. Ahrenholz
gave an overview of the properties that would be affected by the zoning changes. Mr. Ahrenholz
discussed and reviewed a height analysis of the properties and a conceptual plan from the
developer who is proposing a new project on the site known as the Twin Cities Mall site. Mr.
Ahrenholz gave a review of the history of the proposed Comprehensive Plan and C-3 Business
Regional District zoning changes and the updates from the first reading of the ordinances. The
following changes were added:
1. “The development regulations applicable within the PUD are not permitted or allowed by
right and shall only apply if the Village Council determines that each of the threshold
criteria are met.”
2. (10.a.4) Added wording to the thresholds of the PUD for public benefits:
o Enhanced landscaping;
o Enhanced pedestrian amenities;
o Creation of functional living, working environments; or
o Innovative architectural design.
“The Village reserves the right to approve alternate public benefits.”
3. Added a tiered provision for building height:
o “For projects of at least five (5) acres and with at least 50,000 square feet of non-
residential uses, buildings may be a maximum of six (6) stories and seventy-five
(75) feet.
o For projects of at least 7 ½ acres and with at least 70,000 square feet of non-
residential uses, buildings may be a maximum of ten (10) stories and one-hundred
twenty-five (125) feet.
o For projects of at least 10 acres and with at least 90,000 square feet of non-
residential uses, buildings may be a maximum of fourteen (14) stories and one-
hundred seventy-five (175) feet.”
Mr. Ahrenholz stated that staff’s analysis concluded that the regulations were consistent with the
Citizen’s Master Plan, Market Study, Comprehensive Plan (as amended), Lake Park Regulations
and the TCRPC Report. The Planning Commission recommended a 6 to 0 approval of Village
initiated amendments and no proposed changes based on FDOT comments.
Mayor Norris opened the public hearing on the Comprehensive Plan Amendment and the C-3
Regional Business District Zoning Regulations Amendment.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 4 of 8
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06
continued
Shawn Woods, 124 Yacht Club Drive, stated that she was in favor of the proposed Twin Cities
Mall site project, but did not want to see high rises built on the site.
Tim Hullihan, 840 Country Club Drive, expressed his concerns with the proposed code revisions
and the proposed Twin Cities Mall site project and gave recommendations for code language
revision.
Mary Phillips, 525 Ebbtide Drive, expressed her concerns with the proposed code revisions and
the proposed Twin Cities Mall site project and recommended not allowing buildings at the site
over four (4) stories.
Lisa Interlandi, 150 Anchorage Drive South, expressed her concerns with the proposed code
revisions and the proposed Twin Cities Mall site project.
Susan Thomas, 716 Nighthawk Way, expressed her support of the proposed Twin Cities Mall site
project and discussed its potential benefits.
Mayor Norris clarified and explained that the Council was not denying or approving a particular
project or development that night, but only denying or approving code revisions that would affect
the property that the proposed Twin Cities Mall project was planned to be built on.
Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the proposed code
revisions and the allowance of fourteen (14) stories.
There being no further comments from the public, Mayor Norris closed the public hearing.
Councilmember Mullinix expressed his support of and discussed his views on the proposed code
revisions and the proposed Twin Cities Mall site project.
President Pro Tem Aubrey stated that the Twin Cities Mall site was in need of redevelopment and
discussed his views and recommendations on the proposed code revisions and the proposed Twin
Cities Mall site project.
Vice Mayor Bickel stated that although she supported the vast majority of the proposed Twin
Cities Mall site project, she had not changed her view and still did not support the proposed code
revisions due to the proposed height and density allowances.
Councilmember Searcy stated that she was not approving a proposed project, but a proposed code
revision. Councilmember Searcy expressed her views and stated that she was in favor of the
proposed code revisions.
Mayor Norris concurred with Councilmember Searcy and stated that he was not approving a
proposed project and expressed his views on the proposed code revisions. Mayor Norris stated
that he wanted to be sure that the code allowed the Village the authority to determine how many
stories they will allow for a project.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 5 of 8
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06
continued
Mr. Rubin explained that heights or stories in the code were expressed in terms of maximums. Mr.
Rubin continued by clarifying that there was language in the revised code that would address
Senate Bill 102 and the Live Local Act but that there were no guarantees that it would be upheld
or granted in a court of law. Mr. Rubin stated that in his opinion, the Village would have a very
strong argument in a court of law based on how the code was currently written.
Discussion ensued between Mr. Rubin, Mr. Huff and Councilmembers regarding the proposed
code revision and how traffic issues would be addressed with regards to future projects.
Thereafter, the motion to adopt and enact on second reading Ordinance 2023-05 passed 4 to 1 with
Mayor Norris, President Pro Tem Aubrey, Councilmember Mullinix and Councilmember Searcy
voting aye and Vice Mayor Bickel voting nay.
Thereafter, the motion to adopt and enact on second Ordinance 2023-06 passed 4 to 1 with Mayor
Norris, President Pro Tem Aubrey, Councilmember Mullinix and Councilmember Searcy voting
aye and Vice Mayor Bickel voting nay.
CONFIRMATION OF APPOINTMENT OF DEPUTY VILLAGE CLERK
A motion was made by Councilmember Mullinix, seconded by Councilmember Searcy, and passed
unanimously to confirm the appointment of Philippa Davis as Deputy Village Clerk. The Council
congratulated Mrs. Davis on her appointment.
RESOLUTION 2023-53 – DONATION POLICY
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt Resolution 2023-53 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A DONATION POLICY FOR THE VILLAGE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the Village did not currently have a policy governing the acceptance of
donations. Mr. Rubin stated that the policy would establish a formal process for the acceptance
and documentation of donations made to the Village. Mr. Rubin gave an overview of the processes
and criteria that would be included in the new policy.
Vice Mayor Bickel asked how the new donation policy would affect the Friends of the Library
since they collect donations and then in turn donate those donations to the Village.
Mr. Rubin explained that if the Friends of the Library were a separate 503c non-profit organization,
they would be exempt from the policy.
Discussion ensued between Councilmember Searcy and Mr. Rubin regarding the process for the
Village’s Advisory Boards raising funds to donate to the Village.
Mr. Rubin stated that if a Village Advisory Board or Committee wanted to raise more than $10,000
in donations for the Village, it would have to be approved by Council motion first.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 6 of 8
RESOLUTION 2023-53 – DONATION POLICY continued
Discussion ensued regarding different donation scenarios and whether or not they were addressed
in the new donation policy.
Vice Mayor Bickel asked if the Fire Department was included in Section 9. Exemptions of the
donation policy.
Mr. Rubin stated that the Fire Department was not included in Section 9. Exemptions of the
donation policy, but that the policy could be amended.
A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to amend the
donation policy to include the Fire Department in Section 9. Exemptions.
Thereafter the motion to amend the donation policy passed unanimously.
Thereafter the motion to adopt Resolution 2023-53 passed unanimously.
RESOLUTION 2023-54 – PROPERTY, CASUALTY AND WORKERS’ COMPENSATION
INSURANCE
A motion was made by President Pro Tem Aubrey and seconded by Councilmember Searcy to
adopt Resolution 2023-54 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM FIRST FLORIDA INSURANCE
BROKERS TO PROVIDE PROPERTY, CASUALTY AND WORKERS’ COMPENSATION
INSURANCE THROUGH PUBLIC RISK MANAGEMENT OF FLORIDA AND
AUTHORIZING VILLAGE ADMINISTRATION TO TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT SUCH COVERAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Huff explained that the Village’s property and casualty coverage was set to expire on
September 30, 2023. The proposed renewal with Public Risk Management of Florida would be a
total increase of $118, 998 or 14.51%.
Thereafter the motion to adopt Resolution 2023-54 passed unanimously.
COUNCIL AND ADMINISTRATION MATTERS
MOTION – Designating a voting delegate for the Florida League of Cities Conference.
A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to designate
Village Manager Chuck Huff as voting delegate for the Florida League of Cities Conference.
Thereafter the motion passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Vice Mayor Bickel asked for an update on swale parking restrictions.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 7 of 8
MAYOR AND COUNCIL MATTERS/REPORTS continued
Mr. Huff stated that he was working with Mr. Rubin and Community Development Director Caryn
Gardner-Young on the initial phase of creating a proposed ordinance for swale parking restrictions.
Vice Mayor Bickel and Councilmember Searcy recommended utilizing the Ad Hoc Residential
Code Committee to bring recommendations to Council regarding a proposed ordinance for swale
parking restrictions.
Discussion ensued between Mr. Rubin, Mr. Huff, and Councilmembers regarding the Ad Hoc
Residential Code Committee’s function and length of term.
Councilmember Searcy thanked and complemented all staff that was involved with putting on the
wonderful 4th of July event at the Country Club.
Councilmember Searcy asked if anyone was able to view the low fireworks at the event.
Councilmember Searcy stated that she was not able to view the low fireworks and asked from what
location at the event they could be viewed.
Mayor Norris stated that the low fireworks could be viewed from the Country Club clubhouse.
Vice Mayor Bickel stated that drone firework shows were currently a popular option.
Discussion ensued among Councilmembers regarding the 4th of July event at the Country Club and
options that could be implemented or changed in the future.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff asked Mr. Rubin to clarify and explain Senate Bill 250.
Mr. Rubin explained that Senate Bill 250 was natural disaster related and that if a municipality
resided within one-hundred (100) miles of the landfall of either Hurricane Nicole or Hurricane Ian,
there were now state imposed restrictions. The restriction would restrict the Village from
proposing or adopting more restrictive or burdensome amendments to its Comprehensive Plan or
Land Development Regulations or more restrictive or burdensome procedures concerning review
approval or issuance of a site plan, development permit or development order. The bill stays in
effect until October 1, 2024. The bill is also retroactive to September 28, 2022, which meant that
the massing restrictions that the Village enacted in October 2022 were of no force and effect. Mr.
Rubin explained that going forward the Village would have to figure out how to address the
massing restrictions in the Village code. Mr. Rubin recommended repealing the code and re-
enacting it on October 1, 2024.
Mayor Norris recommended not repealing but adding language to the code stating that it would
not be in effect until October 1, 2024 and that the current code was what the Village desired.
Discussion ensued between Mr. Rubin and Councilmembers on how to address the code about the
massing restrictions that were not enforceable until October 1, 2024 due to Senate Bill 250.
Council came to consensus to have language added to the Villages’ code that would address
massing restrictions that were not enforceable until October 1, 2024.
Draft Minutes of the Village Council Regular Session held July 13, 2023 Page 8 of 8
VILLAGE MANAGER MATTERS/REPORTS continued
Mr. Huff began a presentation regarding Lakeside Park. Mr. Huff reviewed and discussed the
measures that staff was continuing to take in relation to issues at Lakeside Park. These measures
included increased security, strengthened enforcement, regular maintenance and community
engagement. Mr. Huff reviewed and explained a chart showing two (2) months-worth of parking
data. Mr. Huff concluded by stating that the data proved that the measures that staff has taken
were working and recommended continuing the same approach to resolve issues at Lakeside Park.
Discussion ensued between Councilmembers regarding the parking issues at Lakeside Park.
Vice Mayor Bickel discussed different options that may potentially be allowed for residents to
utilize to prevent parking on or damage to their swales.
Police Chief Richard Jenkins stated that it would be beneficial to educate residents that swales are
the property of the Village and that allowing items in the swales that would deter cars from riding
on or parking on the swales were illegal and could pose a potential lawsuit to the Village.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:06 p.m.
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Charles Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: July 27, 2023
SUBJECT: RESOLUTION – Approval to increase the FY 2023 Blanket Purchase Order issued
to GT Supplies, Inc. to $75,000
Village Staff is recommending Village Council consideration and approval of the attached Resolution
increasing the FY 2023 blanket purchase order issued to GT Supplies, Inc. to $75,000.
The Village uses GT Supplies, Inc. for reconditioning existing dumpsters as needed. As the Village
moves toward the purchase of plastic replacement dumpsters, Staff must continue to repair the
dumpsters that we have. Earlier in the fiscal year, a blanket purchase order was issued to GT Supplies,
Inc. in the amount of $25,000 for the purchase/fabrication of dumpsters and parts/repairs. Through the
adoption of Resolution No. 2023-17 on March 9, 2023, the Village Council approved a blanket purchase
order in the total amount of $50,000. To date, the Village has paid $43,920.41 to this vendor for these
services.
Based on the current year trend, staff is estimating that an additional $25,000 is needed for these
services for the remainder of this fiscal year and is recommending that $25,000 be added to the existing
purchase order for this vendor.
In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase
order when the aggregate fiscal year spending to a single vendor exceeds $25,000.
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
General Public Works/
Solid Waste A7020-35217 Machinery &
Equipment Supplies $75,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution increasing
the FY 2023 blanket purchase order issued to GT Supplies, Inc. to $75,000, with funds expended
from Account No. A7020-35217 (Solid Waste – Machinery & Equipment Supplies), in accordance
with Village policies and procedures.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR
THE PUBLIC WORKS DEPARTMENT WITH GT SUPPLIES, INC. IN THE
TOTAL AMOUNT OF $75,000 FOR DUMPSTER REPAIRS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year; and
WHEREAS, the Village initially issued a blanket purchase order to GT Supplies in the amount of
$25,000 for dumpster repairs; and
WHEREAS, through the adoption of Resolution No. 2023-17 on March 9, 2023, the Village Council
increased the amount of the blanket purchase order to $50,000; and
WHEREAS, Village Staff has requested an additional $25,000 for the current fiscal year, and 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 a $25,000 increase in the blanket purchase order
issued to GT Supplies, Inc. for a total amount of $75,000 for Fiscal Year 2023, with funds expended
from Account No. A7020-35217 (Public Works/Sanitation – Machinery & Equipment Supplies).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: July 27, 2023
SUBJECT: RESOLUTION – Accepting a proposal from Integrity Landscape, LLC for swale
renovation at (4) four locations throughout the Village in the amount of $32,300.00
and authorizing execution of a Contract.
Village staff identified the deteriorating condition of the swales on Corsair Drive, Bowsprit Drive, Inlet
Road, and Driftwood Road. The vendor will be removing the grass, reshaping the swale, and laying St.
Augustine sod. This repair work will be conducted at specific locations along the four locations outlined.
The Village has acquired (3) three quotes for the scope of work required to complete the project:
Vendor Total
Integrity Landscape, LLC $32,300.00
Precision Landscape Co. $34,850.00
On Grade Excavating, LLC $35,000.00
Integrity Landscape, LLC provided the best proposal to complete the project quickly and without delays.
In accordance with the Village’s purchasing policy, all purchases in excess of $25,000 and up to $50,000
shall be brought to Village Council on the Consent Agenda for approval.
Village Staff is recommending approval of this Resolution to continue to improve and maintain Village
infrastructure.
Funding Source:
The funding for this project will come from the Stormwater Utility Fund
Account Information:
Fund Department Account
Number Account Description Amount
Stormwater
Utility Fund
Public
Works
H7321-
34684
Repair & Maintenance –
Stormwater Drainage System $32,300.00
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
the proposal from Integrity Landscape, LLC for swale renovation at (4) four locations throughout
the Village in the amount of $32,300.00, with funds expended from Account No. H7321-34684
(Streets & Grounds – Repair & Maintenance Stormwater Drainage System), and authorizing the
Mayor and Village Clerk to execute a Contract for these services in accordance with Village
policies and procedures.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM INTEGRITY
LANDSCAPE, LLC FOR SWALE RENOVATIONS ON SPECIFIED VILLAGE
ROADWAYS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village sought proposals for swale renovations on Corsair Drive, Bowsprit Drive,
Inlet Road, and Driftwood Road; and
WHEREAS, Village Staff recommended accepting the lowest cost proposal submitted by Integrity
Landscape, LLC; and
WHEREAS, the Village’s purchasing policies require that purchases in excess of $25,000 and up to
$50,000 be brought to the Village Council on consent agenda for approval; and
WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests
of the residents 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 recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from Integrity Landscape, LLC for
swale renovations on Corsair Drive, Bowsprit Drive, Inlet Road, and Driftwood Road at a total cost
of $32,300.00, with funds expended from Account No. H7321-34684 (Repair and Maintenance –
Stormwater Drainage System), and authorizes the Mayor and Village Clerk to execute a Contract for
such services, a copy of which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 6
CONTRACT
This Contract is made as of this _______ day of ______________, 2023, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408,
a Florida municipal corporation (hereinafter “VILLAGE”), and INTEGRITY LANDSCAPE, LLC,
11763 154th Road North, Jupiter, Florida 33478, a Florida limited liability company (hereinafter
“CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE solicited proposals for swale renovations on four Village roadways:
Corsair Drive, Bowsprit Drive, Inlet Road, and Driftwood Road (“Work”); and
WHEREAS, the VILLAGE wishes to accept the proposals submitted by CONTRACTOR, and
CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this
Contract.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated herein
by reference.
2. CONTRACTOR’s Services and Time of Completion.
A. CONTRACTOR shall perform the Work in accordance with its proposals dated June 16, 2023
(collectively “Proposal”), copies of which are attached hereto and incorporated herein.
B. This Contract shall remain in effect until such time as the Work is completed, inspected, and
accepted by the VILLAGE, provided, however, that any obligations of a continuing nature
shall survive the expiration or termination of this Contract.
C. The total cost of the Work shall not exceed Thirty-Two Thousand Three Hundred Dollars
and No Cents ($32,300.00).
D. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar
days.
3. Compensation to CONTRACTOR.
Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of
compensation stated in Section 3(C) above without prior written consent of the VILLAGE.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s
representative, indicating that goods and services have been provided and rendered in conformity
with this Contract, and they then will be sent to the Finance Department for payment. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative’s approval.
Page 2 of 6
CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in
question arising out of or relating to this Contract. In order for both parties herein to close their books
and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing
to the VILLAGE. This certifies that all goods and services have been properly performed and all
charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and
other further charges if not properly included in this final invoice are waived by CONTRACTOR.
The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, i ncluding wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury
and property damages liability to protect CONTRACTOR from claims for damages for bodily
and personal injury, including death, as well as from claims for property damage, which may
arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles.
C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability
Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as
an “Additional Insured.”
5. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants, and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants, and employees. The terms of this
Page 3 of 6
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Contract for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
§ 768.28, Florida Statutes.
6. Compliance with all Laws, Regulations and Ordinances.
In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required
permits (if any) and comply with all applicable federal, state, and local laws, regulations, and
ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida
Building Code.
7. Warranty/Guaranty.
CONTRACTOR warrants that all Work, including goods and services, provided under this Contract
will be free of defects in material and workmanship for a period of one (1) year following completion
of the Work and successful final inspection or as otherwise set forth in the Proposal.
8. Access/Audits.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing services pursuant to this Contract for at least five (5) years after
termination of this Contract. The VILLAGE shall have access to such books, records, and documents
as required in this section for the purpose of inspection or audit during normal business hours, at
CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to
disclose any confidential or proprietary information regarding its products and service costs.
9. Protection of Work and Property.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage,
and shall protect the VILLAGE’s property and adjacent private and public property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or
loss, except that which may be directly due to errors caused by the VILLAGE or employees
of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such
protection.
B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the
charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any other
cause whatsoever, and CONTRACTOR shall repair, restore, and make good, without
additional Work occasioned by any of the above causes before its completion and acceptance.
C. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, the public and other guests and invitees thereof at or near the areas where work is
being accomplished during and throughout the completion of all work.
Page 4 of 6
10. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR’s sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof. The parties knowingly, voluntarily, and intentionally
waiver any right they may have to trial by jury with respect to any litigation arising out of
this Contract.
D. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
E. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law.
F. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added
to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination. In the event of a conflict between this Contract and CONTRACTOR’s Proposal,
the terms of this Contract shall control.
Page 5 of 6
H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of newly hired employees and has received
an affidavit from each subcontractor stating that the subcontractor does not employ, contract
with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that
CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE
shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be
amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly
violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained,
it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract
with the subcontractor.
I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR
501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all
relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida
Statutes, CONTRACTOR shall:
(1) Keep and maintain public records required by the VILLAGE to perform the service.
(2) Upon request from the VILLAGE’s custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
(4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of CONTRACTOR or keep and maintain public records required
by the VILLAGE to perform the services. If CONTRACTOR transfers all public
records to the VILLAGE upon completion of the Contract, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of
public records, in a format that is compatible with the information technology systems
of the VILLAGE.
Page 6 of 6
J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR
and its subcontractors. CONTRACTOR understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of CONTRACTOR or its
subcontractors to fully cooperate with the Inspector General when requested may be deemed by
the VILLAGE to be a material breach of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
INTEGRITY LANDSCAPE, LLC
By:
Print Name:__________________________
Title:________________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DAVID NORRIS
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
1
VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
“THE BEST PLACE TO LIVE UNDER THE SUN”
Environmental Committee Meeting
MINUTES
Anchorage Park
Monday, June 5, 2023
6:00 pm
1. Call to Order: Chairperson Karen Marcus called the meeting to order at 6:03 pm.
2. Roll Call:
Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Kendra Zellner, Shawn Woods
Absent: Brian Bartels, Ellen Allen
Also Present: Marc Holloway, Field Operations Manager; Jamie Mount, Assistant
Director of Public Works; Darryl Aubrey, Councilmember
3. The Minutes of the May 1, 2023 regular meeting were approved.
4. Public Comments:
a. Richard Hawk, 737 Fairhaven Place, flooding concerns.
b. Rob Maxon, 729 Fairhaven Place, flooding concerns.
c. Stephanie Mitchell, 737 Fairhaven Place, flooding concerns.
d. Chris Ryder, 118 Dory Road S., swale questions.
5. Community Garden Update – None.
6. Earman River Spillway Discussion with South Florida Water Management District.
7. Fairhaven Place Cul-De-Sac Modifications by Marc Holloway and Jamie Mount.
8. Stormwater Master Plan Presentation by Hazen & Sawyer.
9. Speaker Series Event – the next event will be in September.
10. July Newsletter Article Content: Electric Lawn Equipment.
2
11. Member Comments:
a. Committee will ask Zak Sherman where the extra tree giveaway trees should be planted.
b. Committee would like residents to stop spraying their swales with pesticides.
c. Kendra Zellner recommended a “bird park” for bird houses at the Community Garden.
12. Next meetings: the next meeting will be on July 10, 2023 at 6:00 pm at Anchorage Park.
13. Adjournment: the meeting adjourned at 7:06 pm.
VILLAGE OF NORTH PALM BEACH
WATERWAYS ADVISORY BOARD MEETING MINUTES
June 27, 2023 5:30 PM
I. CALL TO ORDER – Bill Hipple
II. ROLL CALL – MEMBERS :
Bill Hipple, Chairman present
Jerry Sullivan, Vice Chairman present
Mark Michels, Secretary present
Absent:
Bruce Crawford, Member
Ed Preti, Member
Paul Bartlett, Member
George Alger, Member
III. VILLAGE GUESTS :
Chuck Huff, Village Manager
Zak Sherman, Director of Leisure Services
IV. APPROVAL OF MINUTES
from May– could not be approved as there were insufficient number of Board
members in attendance
V. PUBLIC COMMENTS
Bob Gebbia
Rita Budnik and Fran Mantyh: specifically commented on the presence of
the 162’ yacht at 932 Shore Rd on 6/13 in violation of residency code. They
also commented on the fueling warning signs adjacent to the fuel truck
VI. NEW BUSINESS –
Waterfront lots in corners (access and rights):
A general discussion about concerns over waterfront corner lots occurred. A non
binding straw poll regarding the placement of ramp stickers seemed to conclude
that sticker placement on trailers made the most sense.
Anchorage Park Dock fees:
Zak Sherman, Director of Liesure Services – indicated he was going to continue
calculating operating expenses for the marina to help Board advise on the merits of
dock fee increase
VII. OLD BUSINESS – nothing substantive to add
VIII. MEMBER COMMENTS
IX. STAFF COMMENTS
Meetings to be held on 4th Tues. of month. To be noticed through village
X. ADJOURNMENT
Since a quorum did not exist, no meeting was officially convened nor adjourned
Note: Mark Michels will be out of town if meetings are held in July and August and someone else will need to record
the minutes meetings
VILLAGE OF NORTH PALM BEACH
PARKS AND RECREATION
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: July 27, 2023
SUBJECT: ORDINANCE 1ST Reading – Amending Chapter 5-33 of the Village Code of Ordinances
Addressing the Placement of Village Launch Ramp Stickers
At the recommendation of the Waterways Board and the Recreation Advisory Board, Village Staff is
proposing a change to Section 5-33 of the Village Code of Ordinances relating to the placement of Village
launch ramp stickers on vehicles using the boat ramp at Anchorage Park or parking with a trailer at
Anchorage Park.
The current ordinance states that all vehicles must have a Village launch ramp sticker permanently affixed
to the vehicle, visible from behind. However, Staff recommends an amendment to modify this
requirement. The proposed revision would specify that the sticker should be permanently affixed to the
driver side trailer tongue (see attached photo). This adjustment aims to provide boat owners with greater
flexibility while still ensuring proper identification and compliance with Village regulations.
The revised section of the ordinance would read as follows:
"All vehicles using the boat ramps of Anchorage Park or parking with a trailer at Anchorage Park must
have a village launch ramp sticker permanently affixed to the driver side trailer tongue."
Implementing this change simplifies the process for individuals and offers multiple benefits. First, by
placing the sticker on the driver side trailer tongue instead of the rear of the vehicle, individuals are
relieved from the task of finding an appropriate spot on their vehicle, eliminating the need to consider
factors like vehicle design, surface material, or potential damage to the vehicle's exterior, thereby
simplifying the process and saving time. Second, the standardized placement promotes uniformity and
consistency in display as each sticker will be in the same spot, ensuring a standardized approach across
all vehicles. Third, this placement improves visibility for enforcement purposes, facilitating quick
verification, and minimizing disputes related to sticker placement. Finally, this change improves the
longevity of the sticker through secure attachment, reducing the chances of accidental removal or
tampering during transportation or the use of the boat ramp. Overall, this modification streamlines the
process, protects vehicles, enhances visibility, promotes consistency, and ensures the durability of the
Village launch ramp stickers.
The attached Ordinance has been prepared/reviewed for legal sufficiency by the Village Attorney.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Section 5-33 of the Village Code of Ordinances to modify the location of the
launch ranch sticker from the rear of the vehicle to the driver side trailer tongue in accordance
with Village policies and procedures.
Page 1 of 2
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, “BOAT 4
LAUNCHING AREA,” OF CHAPTER 5, “BOATS, DOCKS AND 5
WATERWAYS,” OF THE VILLAGE CODE OF ORDINANCES BY 6
AMENDING SECTION 5-33 TO MODIFY THE REQUIRED LOCATION FOR 7
ANCHORAGE PARK LAUNCH RAMP STICKERS; PROVIDING FOR 8
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING 9
FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the Waterways Board and the Recreation Advisory Board recommended revising 12
Section 5-33 of the Village Code to modify the required location of launch ramp stickers for 13
vehicles and trailers utilizing the Anchorage Park boat ramp; and 14
15
WHEREAS, the Code currently requires that the launch ramp sticker be permanently affixed to 16
the vehicle, visible from behind, and the advisory boards and Village Staff are recommending that 17
the stickers be affixed to the trailer tongue for, among other reasons, uniformity, enforcement, and 18
visibility; and 19
20
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 21
interests of the residents of the Village of North Palm Beach. 22
23
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 24
OF NORTH PALM BEACH, FLORIDA as follows: 25
26
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 27
28
Section 2. The Village Council hereby amends Article II, “Boat Launching Area,” of Chapter 29
5, “Boats, Docks and Waterways,” of the Village Code of Ordinances by amending Section 5-33 30
as follows (additional language underlined and deleted language stricken through): 31
32
Sec. 5-33. Designated; use restricted. 33
34
No person shall bring into, launch or operate any vessel (as defined in F.S. 35
§ 327.02) upon any park property, including designated swimming areas, except as 36
such places as are or may be designated for such use or purposes by the North Palm 37
Beach Village Council. Such operation or use shall be in accordance with such rules 38
and regulations as are now or may hereafter be adopted by the village council. All 39
vehicles using the boat ramps of Anchorage Park or parking with a trailer at 40
Anchorage Park must have a village launch ramp sticker permanently affixed to the 41
vehicle, visible from behind the vehicle driver side trailer tongue. 42
43
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 44
the Village of North Palm Beach. 45
46
Page 2 of 2
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 1
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 2
such holding shall not affect the remainder of this Ordinance. 3
4
Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in 5
conflict herewith are hereby repealed to the extent of such conflict. 6
7
Section 6. This Ordinance shall take effect immediately upon adoption and shall be enforced 8
as of October 1, 2023. 9
10
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 11
12
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 13
2023. 14
15
16
17
(Village Seal) 18
MAYOR 19
ATTEST: 20
21
22
VILLAGE CLERK 23
24
25
APPROVED AS TO FORM AND 26
LEGAL SUFFICIENCY: 27
28
29
VILLAGE ATTORNEY 30
VILLAGE OF NORTH PALM BEACH
PARKS AND RECREATION
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, General Manager
DATE: July 27, 2023
SUBJECT: ORDINANCE – 1st Reading – Country Club Budget Amendment for Tennis Court Lighting
& Fence System
Village Staff is requesting Council consideration and adoption of an Ordinance amending the Country Club
Budget to provide funding to conduct emergency replacement of the tennis court lighting and court fencing
system that is twenty-five (25) plus years old and structurally failing.
Background:
NPBCC Tennis Center features ten (10) lighted HarTru (clay) tennis courts. These ten courts are in five bays
of two courts each facing north south. Currently, the lighting schematic for these ten courts consists of twenty
(20) concrete poles on the perimeter and eleven (11) aluminum poles located down the middle of the bays.
Several of the light box fixtures were loose and have required installation of temporary brackets to secure for
safety. All of the aluminum light poles are rusting and the concrete poles, built in 1970, are compromised
due to internal corrosion. Fencing is structurally obsolete with main support posts rusted throughout causing
the top and bottom rails to sag which results in rails and mesh encroaching on the court surface, which has a
negative effect on drainage. Staff has had several vendors out to inspect both the lighting and fencing, and
all have recommended replacement due to the age and failure of both the aluminum, mesh, and cement
structures.
This emergency replacement will create a safer work and play environment, while also reducing the energy
consumed, resulting in lower utility costs and vastly improving the quality of light.
Lighting Proposal:
Musco Sports Lighting, LLC has presented a proposal to remove the old pole lighting system and install
a new turnkey Light Structure System™ with Total Light Control – TLC for LED™ technology. The current
lighting system at the Tennis Center consists of old Metal Halide/HID lights, which require a ballast and
a lengthy warm-up period to achieve full brightness, unlike the “instant-on” capabilities of LED technology.
This innovative solution is highly regarded for retrofit installations across a range of venues, including
multi-purpose fields, basketball courts, tennis facilities, and stadiums. The thirty-one (31) poles will be
removed and replaced with twelve (12) galvanized steel poles with guaranteed light levels of 50
Footcandles, which will achieve the necessary lighting levels in accordance with the USTA (United States
Tennis Association) standards. It is worth noting that Musco's lights also come with a 25-year warranty.
The widespread adoption of Musco lighting by other local municipalities, counties, and institutions further
strengthens Staff’s confidence in its products. Florida Atlantic University (FAU), the City of Palm Beach
Gardens, Palm Beach County, the Town of Jupiter, the City of Boca Raton, and the City of Delray Beach
are just a few examples of entities that have embraced Musco lighting solutions.
Pricing:
The proposal from Musco Sports Lighting, LLC is pursuant to pricing established in an existing contract
with Sourcewell (Contract No. 041123-MSL), expiring June 16, 2027. The Village’s purchasing policies
and procedures authorize concurrent competitive purchasing on other state and local government
contracts. A secondary quote was obtained from a qualified vendor to verify “fair market value” as
required by the Village’s purchasing policies and procedures. Despite the lower cost provided by the
secondary quote, Staff recommends selecting the higher quote based on reference checks.
As part of the decision-making process, Staff looked into the experiences of other entities that have
utilized the other lighting company. Unfortunately, the feedback was less than favorable. One city
encountered electrical issues following the company’s work, and instead of taking responsibility, the
company attempted to shift the blame onto the city. This lack of accountability raises concerns about the
company’s professionalism and reliability.
Moreover, reports from other cities highlighted issues with glare and disruptive lighting from the other
company’s LED field lights. Players and surrounding communities were affected by the excessive glare,
indicating potential shortcomings in the company’s quality control. In addition, their lights were observed
to turn on and off independently throughout the day and night due to the absence of contactors. This
lack of control undermines the functionality and reliability of the lighting system.
Lastly, the other company offers a 10-year warranty on their equipment. While this might seem
reasonable, it raises questions about the long-term reliability and support that they can provide compared
to Musco Lighting, which offers a 25-year warranty.
Considering all these factors, Staff believes that Musco Lighting is clearly the superior choice for the
Village’s lighting needs at the NPBCC Tennis Center. The company’s extensive experience, innovative
TLC technology, widespread adoption by other municipalities, existing compatibility with existing
infrastructure, and reputation for excellence make Musco the ideal partner for this project. With Musco
Lighting, the Village can provide our community with reliable, efficient, and high-quality lighting that
enhances safety and enjoyment for years to come.
Fencing Proposal:
Village Staff obtained a proposal to remove, dispose and replace the chain-link fence, support posts and
railings with new 10’ black chain link fence, posts, and railings at a cost not to exceed $150,000. In lieu
of the job coming in less, those monies would be allocated back to the special projects fund.
Funding:
Staff is seeking to utilize funds from the Village’s Special Project Fund to purchase and install a new
tennis lighting system in accordance with Village policies and procedures. Because the transfer of funds
increases the Country Club budget, a budget amendment Ordinance is required:
Budget Amendment:
Fund Account Description Use Source
Country Club L3900-09169 Transfer from Special Projects Fund $800,000
Country Club L8050-66210 Construction & Major Renovation $800,000
Total $800,000 $800,000
The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. The
Resolution and Contract approving the purchase from Musco Sports Lighting, LLC will be coming to Village
Council for approval with the 2nd Reading of this Ordinance.
Recommendation:
Village Staff requests Council consideration and adoption on first reading of the attached
Ordinance approving an amendment to the Country Club Budget to transfer $800,000 from the
Special Projects Fund to the Country Club Construction and Major Renovation Fund and
authorizing the Mayor and Village Clerk to execute the required budget amendment to fund the
replacement of the tennis court lighting and fencing in accordance with Village policies and
procedures.
Page 1 of 2
ORDINANCE NO. 2023-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED COUNTRY 4
CLUB BUDGET FOR FISCAL YEAR 2023 TO TRANSFER $800,000 FROM 5
THE SPECIAL PROJECTS FUND TO THE COUNTRY CLUB 6
CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO FUND THE 7
REPLACEMENT OF THE TENNIS COURT LIGHTING AND FENCING; 8
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 9
PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, Village Staff has requested the emergency replacement of the tennis court lighting 12
and the court fencing at the North Palm Beach Country Club utilizing funds from the Special 13
Projects Fund; and 14
15
WHEREAS, because this amendment increases the total amount of the Country Club budget, this 16
transfer must be accomplished by ordinance as required by Section 166.241, Florida Statutes; and 17
18
WHEREAS, the Village Council determines that the adoption of this budget amendment is in the 19
best interests of the residents and citizens of the Village of North Palm Beach. 20
21
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM 22
BEACH, FLORIDA as follows: 23
24
Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated 25
herein. 26
27
Section 2. The Village Council hereby amends the adopted Village of North Palm Beach 28
Country Club budget for Fiscal Year 2023 as follows: 29
30
Budget Amendment: 31
32
Fund Account Description Use Source
Country Club L3900-09169 Transfer from Special Projects Fund $800,000
Country Club L8050-66210 Construction & Major Renovation $800,000
Total $800,000 $800,000
33
Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the 34
budget amendment for and on behalf of the Village of North Palm Beach. 35
36
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 37
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 38
such holding shall not affect the remainder of this Ordinance. 39
40
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 41
herewith are hereby repealed to the extent of such conflict. 42
43
44
Page 2 of 2
Section 6. This Ordinance shall be effective immediately upon adoption. 1
2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 3
4
PLACED ON SECOND, FINAL READING AND PASSED THIS ________ DAY OF 5
___________, 2023. 6
7
8
(Village Seal) ______________________________ 9
MAYOR 10
11
12
ATTEST: 13
14
15
VILLAGE CLERK 16
17
APPROVED AS TO FORM AND 18
LEGAL SUFFICIENCY: 19
20
21
VILLAGE ATTORNEY 22
2016, 2023 Musco Sports Lighting, LLC - 1 - M-2168-enUS-12
Quote Quote
Date: July 13th, 2023 Project: Village of North Palm Beach Tennis
To: Village of North Palm Beach North Palm Beach, FL
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027
Category: Sports lighting with related supplies and services
All purchase orders should note the following:
Sourcewell purchase – contract number: 041123-MSL
Quotation Price – Materials Delivered to Job Site and Installation
Tennis Courts – (5) Sets of 2 Courts ............................................................ $650,000.00
Sales tax, bonding, and permitting fees are not included.
Quote is confidential. Pricing and lead times are effective for 30 days only. Prices are subject to change if the order is not
released within 60 days from the date of the purchase.
Light-Structure System™ with Total Light Control – TLC for LED™ technology
Guaranteed Lighting Performance
• Guaranteed light levels of 50 Footcandles and uniformity of 2.0:1.0
System Description
• Factory aimed and assembled luminaries
• Galvanized steel poles
• Pre-cast concrete bases with integrated lightning grounding
• Pole length factory assembled wire harnesses
• Factory wired and tested remote electrical component enclosures
• Enhanced corrosion protection
Control Systems and Services
• Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control
and performance monitoring with 24/7 customer support
Operation and Warranty Services
• Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your
maintenance costs for 25 years
• Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining
your lighting system – plus a network of 1800+ contractors
Payment Terms
Musco’s Credit Department will provide payment terms.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Taylor Knoot
Fax: 800-374-6402
Email: musco.contracts@musco.com
All purchase orders should note the following:
Sourcewell purchase – contract number: 041123-MSL
2016, 2023 Musco Sports Lighting, LLC - 2 - M-2168-enUS-12
Quote Quote
Delivery Timing
8-10 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order
details including voltage, phase, and pole/luminaire locations.
Notes
Quote is based on following conditions:
• Shipment of entire project together to one location.
• 240 Volt, 1 phase electrical system requirement.
• Structural code and wind speed = 2020 FBC, 170 mph, Exposure C, Importance Factor 1.0.
• Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to
production. Changes to pole or luminaire locations after the product is sent to production could result in additional
charges.
• Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special
installation methods and additional cost.
• Owner is responsible for any permitting costs.
• Existing poles located in the center of the tennis courts will be removed and chipped down 6” below grade.
• Owner to provide location for a container for parts and materials needed onsite during installation.
• Once material is delivered, Musco subcontractor Davco Electric will need complete access to site including poles, storage,
and complete access of site.
R or Retrofit project]
Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional
details.
Sales Representative
Musco Sports Lighting, LLC
Phone: 954-629-8446
E-mail: tim.imhoff@musco.com
2020, 2023 Musco Sports Lighting, LLC Date: 06/27/2023 Project #193349, Page 1 of 4
M-3454-en04-9
Quote Scope of Work: Light-Structure System™ - Turnkey
Village of North Palm Beach Tennis
North Palm Beach, Florida
Turnkey Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment.
2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines,
irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to
unmarked utilities.
3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field)
4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water
table, collapsing holes, etc.) or soils not defined in geo-technical report. Standard soils are defined as
soils that can be excavated using standard earth auguring equipment.
5. Pay any power company fees and requirements.
6. Pay all permitting fees and obtain the required electrical permitting.
7. Provide area on site for disposal of spoils from foundation excavation .
8. Provide area on site for dumpsters.
9. Provide sealed Electrical Plans. (If required)
Musco Responsibilities:
1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control
cabinets.
2. Provide layout of pole locations and aiming diagram.
3. Provide Contract Management as required.
4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as
defined by 2018 IBC Table 1806.2.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Subcontractor Responsibilities
General:
1. Obtain any required permitting.
2. Contact 811 for locating underground public utilities and then confirm they have been clearly marked.
3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation
systems have been located and are clearly marked to avoid damage from construction equipment. Notify
owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred
to unmarked utilities.
4. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.
5. Provide storage containers for material, (including electrical components enclosures), as needed.
6. Provide necessary waste disposal and daily cleanup.
7. Provide adequate security to protect Musco delivered products from theft, van dalism or damage during
the installation.
8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that
which would be expected. Indentations caused by heavy equipment traveling over dry ground would be
an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds
would be an example of damage requiring repair.
9. Provide startup and aiming as required to provide complete and operating sports lighting system.
2020, 2023 Musco Sports Lighting, LLC Date: 06/27/2023 Project #193349, Page 2 of 4
M-3454-en04-9
Quote Scope of Work: Light-Structure System™ - Turnkey
10. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco
immediately of any breaks in schedule or delays.
Demolition:
1. Remove and dispose of the existing lighting poles, fixtures, and electrical enclosures. This will include the
recycling of lamps, aluminum reflectors, ballast, and steel, as necessary.
2. Demolish existing foundations to 2 ft (0.6 m) below grade. Center tennis court poles to 6” below grade.
3. Leave existing power feed in place for connection to new pole locations.
Foundations, Poles, and Luminaires:
1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately
notify your Musco Project Manager.
2. Provide labor, materials, and equipment to install 12 LSS foundations as specified on Layout and per the
stamped foundation drawings, if applicable.
3. Remove spoils and dispose of off site.
4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component
enclosures, poles, and pole harnesses.
5. Provide labor, equipment, and materials to erect 12 dressed LSS Poles and aim utilizing the pole
alignment beam.
Electrical:
1. Provide labor, materials, and equipment to reuse existing electrical service panels as required.
2. Provide labor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and
terminate wiring as required.
3. Provide as-built drawings on completion of installation, (if required).
Control-Link Control and Monitoring:
1. Provide labor, equipment, and materials to install (1) Musco control and monitoring cabinet and terminate
all necessary wiring.
2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not
available.
3. Check all zones to make sure they work in both auto and manual mode.
4. Commission Control-Link® by contacting Control-Link Central™ at 877-347-3319.
2020, 2023 Musco Sports Lighting, LLC Date: 06/27/2023 Project #193349, Page 3 of 4
M-3454-en04-9
Quote Scope of Work: Light-Structure System™ - Turnkey
CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the
supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees
for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco
does not undertake any duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect
their work activities for the purpose of enforcing compliance with these safety requirements, but Subcontractor
agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to
safety.
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco
and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and
regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these
requirements. Subcontractor shall also observe and comply with all laws with respect to environmental protection
applicable to the Project.
Subcontractor shall require all its subcontractors, employees, visitors, suppliers , and agents under its direction to
comply with the following:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor’s employees and agents shall be required to wear appropriate personal protective
equipment including, but not limited to, safety glasses with side shields, work shoes, fall protection
devices, and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a
lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest
systems.
c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which
can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create
inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance with
Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local
standards, or generally recognized industry applicable standards.
f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing
Subcontractor’s designated medical doctor, hospital, insurance company, and any other health service
providers, such list to be updated within 24 hours of any change in the information provided.
g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require),
Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any
equipment or facility. Upon request, Subcontractor shall promptly f urnish Musco with a written report of
any such accident as well as a copy of all insurance and worker’s compensation claims involving the
Project.
h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting
equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for
each piece of construction equipment they intend to operate. Documentation of specific training is the
responsibility of the Subcontractor.
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Quote Scope of Work: Light-Structure System™ - Turnkey
i. Jobsite shall be policed daily for compliance to the above conditions.
j. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project
property or being under the influence of alcohol or drugs while performing work on the Project. Anyone
observed participating in or observed under the influence will be removed from the Project immediately
and prohibited from returning, with no exceptions.
2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES.
a. Review and understand installation instructions are provided with every product installation.
b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure.
c. Verify that components have been assembled per Musco installation instructions.
d. Verify plumb of concrete foundations prior to standing of poles.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality
of the product upon which Musco’s reputation is built.
b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be
provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product.
d. All personnel provided by Subcontractor shall understand the relationship developed by and between
Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.
Page 1 of 2
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: July 27, 2023
SUBJECT: ORDINANCE 1st Reading – Amendment to the Regulations Governing Peddlers and
Solicitors set forth in Chapter 17 of the Village Code of Ordinances
The Village received correspondence from a law firm representing a pest control company that utilizes
door-to-door solicitation as a means of procuring new customers. This firm asserted that certain portions
of the Village’s regulations governing peddlers and solicitors are invalid and unconstitutional, specifically,
the fee charged to solicitors, the hours during which solicitation and peddling are permitted, and the
enforcement of restrictions implemented by homeowner’s associations or condominium associations.
Having completed such review, this office is recommending the following revisions to the Village Code:
1. Fee Charged to Solicitors
Currently, Section 17-33 requires that persons engaged in peddling and soliciting pay a business tax of
$346.50 per year and an additional fee of $115.50 per peddler and solicitor. Because peddlers and
solicitors are engaged in protected activity, the Village may only impose such fees as are necessary to
defray administrative expenses. Furthermore, the Village generally may not collect a business tax
against an entity that does not have a permanent office or location within the Village. Consequently, the
proposed Ordinance removes the $346.50 annual business tax, leaving only the $115.50 charge per
peddler or solicitor to cover the costs of conducting the background check and issuing the required permit.
2. Hours for Solicitation and Peddling
Section 17-88 of the Village Code currently restricts peddling and solicitation activities to between the
hours of 10:00 a.m. and 4:00 p.m. There are several cases holding that the imposition of a curfew during
daylight hours is an unconstitutional restriction on commercial speech. While the Village enacted its
current regulations “to guard against unscrupulous business practices and potential criminal activity and
protect the peace and tranquility of persons within their homes,” the Village may only impose restrictions
“necessary to advance substantial government interests.” The courts have held that curfews during
daylight hours fail to advance such interests. Based on the foregoing, the proposed Ordinance extends
the permissible time for a person holding a permit to engage in peddling and soliciting activities to
between the hours of 9:00 a.m. and dusk, Monday through Saturday.
3. Enforcement of Association Regulations
Finally, the law firm challenged the Village’s enforcement of no solicitation rules imposed by homeowner
associations and condominium associations, arguing that the Village’s enforcement of these rules
violates the individual homeowner’s rights to receive information from its client. While the case law is not
Page 2 of 2
as clear on the issue raised by the law firm, under Florida law, the Village lacks the ability to enforce rules
and covenants imposed by such associations because they are private contractual rights between the
association and the property owners. However, if streets are privately owned by an association or
otherwise, these streets are private property and an association, like any other property owner, may post
a no soliciting or no peddling sign at the entrance to the street. To that end, the proposed Ordinance
amends the last sentence of Section 17-90 of the Village Code to read as follows: “Where streets are
privately owned, the owner may post a clearly legible sign at each entrance to the privately owned street
indicating that peddling or soliciting is prohibited.”
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
There is no fiscal impact.
Recommendation:
Village Administration requests Council consideration and approval on first reading of the
attached Ordinance amending the fees and regulations applicable to peddlers and solicitors as
set forth in Chapter 17 of the Village Code of Ordinances in accordance with Village policies and
procedures.
Page 1 of 6
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 17, “LICENSES AND 4
MISCELLANEOUS BUSINESS REGULATIONS,” OF THE VILLAGE CODE OF 5
ORDINANCES; AMENDING ARTICLE II, “LOCAL BUSINESS TAX,” BY 6
AMENDING SECTION 17-33, “BUSINESS TAX SCHEDULE,” TO REMOVE 7
THE ANNUAL TAX FOR CANVASSERS AND SOLICITORS; AMENDING 8
ARTICLE VIII, “PEDDLERS AND SOLICITORS,” BY AMENDING SECTION 9
17-88, “LIMITATION ON HOURS FOR PEDDLING OR SOLICITATION,” TO 10
MODIFY THE PERMISSIBLE HOURS AND SECTION 17-90, “NOTICE BY 11
PROPERTY OWNERS,” TO CLARIFY THE ENFORCEMENT ON PRIVATE 12
PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR 13
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 14
15
WHEREAS, the Village Council wishes to revise its regulations governing the regulation of peddlers 16
and solicitors to comply with current legal requirements applicable to such activities, namely, removal 17
of the requirement for payment of a business tax; extension of the hours during which such activities 18
are permitted; and remove Village enforcement of association rules prohibiting such activities; and 19
20
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 21
of the residents of the Village of North Palm Beach. 22
23
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 24
NORTH PALM BEACH, FLORIDA as follows: 25
26
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 27
28
Section 2. The Village Council hereby amends Article II, “Local Business Tax,” of Chapter 17, 29
“Licenses and Miscellaneous Business Regulations,” of the Village Code of Ordinances by amending 30
Section 17-33 to read as follows (deleted language stricken through): 31
32
Sec. 17-33. Business tax schedule. 33
34
The amount which shall be paid by the several firms, persons or associations 35
engaging in or managing businesses, professions, or occupations for which a receipt 36
is required is hereby fixed as follows: 37
38
* * * 39
40
RETAIL TRADE 41
42
* * * 43
44
Non-store retail 45
Page 2 of 6
* * * 1
2
Solicitor/canvasser each: 3
4
Per year . . . . . . . . .$346.50 5
6
Each solicitor/canvasser . . . $115.50 7
8
Section 3. The Village Council hereby amends Article VIII, “Peddlers and Solicitors,” of Chapter 9
17, “Licenses and Miscellaneous Business Regulations,” of the Village Code of Ordinances to read 10
as follows (additional language is underlined and deleted language stricken through): 11
12
ARTICLE VIII. PEDDLERS AND SOLICITORS 13
14
Sec. 17-81. Purpose. 15
16
The purpose of this article is to protect the citizens of the village and their 17
property by adequately investigating the character and responsibility of itinerant 18
merchants and peddlers traveling from house to house soliciting services and goods 19
and to preserve peace and tranquility for village residents. 20
21
Sec. 17-82. Definitions. 22
23
The following words, terms and phrases, when used in this article, shall have 24
the meanings ascribed to them in this section, except where the context clearly 25
indicates a different meaning: 26
27
Peddler shall mean any itinerant or traveling vendor or trader who carries 28
goods, merchandise or personal property with him and travels about the village for the 29
purpose of selling same to purchasers at their homes or in public places within the 30
village. This definition shall not include vendors who sell their goods from a fixed 31
place of business within the village. 32
33
Solicitor shall mean any individual, whether a resident of the village or not, 34
traveling by foot, motor vehicle or other conveyance from place to place or house to 35
house in taking or attempting to take orders for the sale of goods, merchandise, 36
personal property of any kind or nature for future delivery, or for services either 37
furnished or to be furnished in the future, wheth er or not any advance payment for 38
such sales or service is being collected. 39
40
As used in this article, the terms peddler and solicitor shall not include: 41
(1) individuals engaged in the sale of goods or services who meet with village residents 42
by appointment at the request of the resident; or (2) residents under the age of sixteen 43
(16) selling cookies, candy, lemonade or similar items. 44
45
46
Page 3 of 6
Sec. 17-83. Permit required. 1
2
It shall be unlawful for any peddler or solicitor to engage in such business or 3
activity within the corporate limits of the village without first obtaining a permit 4
pursuant to this article. 5
6
Sec. 17-84. Application for permit or license. 7
8
(a) Applicants for issuance of a permit pursuant to this article must file 9
with the community development director a sworn application in writing, which shall 10
be accompanied by the application fee established by the village council. The 11
application shall, at a minimum, include the following information: 12
13
(1) Applicant’s name, permanent address and local address (if different); 14
15
(2) Applicant's age, sex, height, weight and other identifying 16
characteristics; 17
18
(3) Brief description of the nature of the business and the goods or services 19
to be sold; 20
21
(4) Name and address of the applicant’s principal or employer 22
organization, together with credentials establishing the relationship 23
between the applicant and the applicant’s principal or employer; 24
25
(5) Length of time desired for conducting business (not to exceed one 26
year); 27
28
(6) Place where the goods or merchandise involved are produced, stored or 29
located, and proposed method of delivery; 30
31
(7) A current photographic likeness of the applicant sufficient to establish 32
identification; 33
34
(8) The license tag number and description of any vehicle to be used by the 35
applicant; 36
37
(9) Whether the applicant has been convicted of a crime and if so, the 38
nature of the crime; 39
40
(10) Written authorization for the village to conduct a background check; 41
and 42
43
(11) Written statement that the applicant will observe and comply with the 44
provisions of this article. 45
46
Page 4 of 6
(b) An applicant who has been adjudicated guilty or pled nolo contendere 1
to any of the following offenses shall be prohibited from peddling or soliciting within 2
the village: 3
4
(1) Any felony involving violence, regardless of the time elapsed; 5
6
(2) Any crime against children, regardless of the time elapsed; 7
8
(3) Any drug offense regarding possession with intent to distribute, 9
regardless of the time elapsed; 10
11
(4) Any felony conviction within the prior seven (7) years; and 12
13
(5) Any conviction involving moral turpitude within prior seven (7) years. 14
15
Sec. 17-85. Granting or rejecting application. 16
17
The community development director shall consider each application for a 18
permit filed pursuant to this article and with the consent of the village manager shall 19
either grant or reject such application and give prompt notice of such action to the 20
applicant. 21
22
Sec. 17-86. Permit not transferable. 23
24
Permits issued pursuant to this article shall not authorize any person or persons, 25
except the persons named in the permit, to engage in any peddling or solicitation. 26
Permits are not transferable. 27
28
Sec. 17-87. Display of permit. 29
30
Every person issued a permit pursuant to this article shall carry the permit on 31
his or her person and shall produce same at the request of any village law enforcement 32
or code compliance officer or any person to whom he or she is exhibiting his or her 33
goods or selling or attempting to sell goods or services. 34
35
Sec. 17-88. Limitation on hours for peddling or solicitation. 36
37
No person holding a permit issued pursuant to this article shall engage in any 38
solicitation or peddling on Sundays and shall only engage in such activities within the 39
hours of 10:00 9:00 a.m. and 4:00 p.m. dusk the remainder of week (except by 40
appointment or invitation of the person or occupant of a residence), unless specific 41
authorization to the contrary is first obtained from the community development 42
director 43
44
45
Page 5 of 6
Sec. 17-89. Prohibited practices. 1
2
It shall be unlawful for any peddler to carry on his or her business by selling 3
his wares by crying them out, blowing a horn, ringing a bell or using any loud or 4
unusual noise or to offer them for sale to the public in any of the public streets, alleys 5
or places within the corporate limits of the village. 6
7
Sec. 17-90. Notice by property owners. 8
9
It shall be unlawful for any person holding a permit issued pursuant to this 10
article to approach the private residence of any person within the village which has 11
been posted by a legible sign at or near the front entrance with words similar to "No 12
Peddling" or "No Soliciting" or to remain on the premises of any residence within the 13
village after having been requested to leave by the occupant. Where a homeowner's or 14
condominium association's regulations prohibit peddling or soliciting streets are 15
privately owned, the association owner may post a clearly legible sign at each entrance 16
or to the privately owned street entering the property or neighborhood indicating that 17
peddling or soliciting is prohibited. 18
19
Sec. 17-91. Age restrictions. 20
21
(a) It shall be unlawful for any person under the age of fourteen (14) to 22
engage in peddling or solicitation. 23
24
(b) It shall be unlawful for any person under the age of eighteen (18) to 25
engage in peddling or solicitation without direct supervision by a person at least 26
eighteen (18) years of age. Direct supervision means that the supervising adult shall at 27
all times have the minor in sight and shall in no event be more than one hundred (100) 28
feet away. 29
30
Sec. 17-92. Revocation of permit. 31
32
If a permit holder fails to comply with the provisions of this article or the 33
community development director subsequently determines that information set forth 34
in the application was false or misleading, the community development director with 35
the consent of the village manager may revoke the permit and give prompt notice of 36
such action to the permit holder. 37
38
Sec. 17-93. Appeal. 39
40
Any person aggrieved by the action of the community development director or 41
village manager in the denial or revocation of a permit as provided by this article shall 42
have the right to appeal to the village council by filing written notice thereof with the 43
village clerk within fourteen (14) days of such denial or revocation and setting forth 44
the grounds for the appeal. The council shall set a time and place for hearing on such 45
Page 6 of 6
appeal and shall so notify the applicant, by mail, not less than five (5) days prior to 1
such scheduled hearing. 2
3
Sec. 17-94. Enforcement. 4
5
The provisions of this section shall be enforced in accordance with section 1-6
8 of this code. 7
8
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the 9
Village of North Palm Beach. 10
11
Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 12
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 13
holding shall not affect the remainder of this Ordinance. 14
15
Section 6. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 16
herewith are hereby repealed to the extent of such conflict. 17
18
Section 7. This Ordinance shall take effect immediately upon adoption. 19
20
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 21
22
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 23
2023. 24
25
26
27
(Village Seal) 28
MAYOR 29
ATTEST: 30
31
32
VILLAGE CLERK 33
34
35
APPROVED AS TO FORM AND 36
LEGAL SUFFICIENCY: 37
38
39
VILLAGE ATTORNEY 40
VILLAGE OF NORTH PALM BEACH
FINANCE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Samia Janjua, Director of Finance
DATE: July 27, 2023
SUBJECT: RESOLUTION – Establishing a Tentative Millage Rate for FY 2023-2024 &
setting the 1st Public Hearing
Pursuant to Section 200.065(2)(b), Florida Statutes, the Village must advise the County Property
Appraiser of its “tentative” millage rate and the date, time, and place of its first September millage
and budget hearing. The Administration is recommending a tentative millage rate of 7.0000 mils
(this is the current millage rate). The Village has no outstanding general obligation bond debt;
therefore, the combined total millage rate of the Village would equal 7.0000 mils. The tentative
millage rate is 13.13% above the “rolled-back” rate of 6.1876 mils.
The tentative millage rate that is being considered for approval at tonight’s meeting establishes
the maximum millage rate the Village may consider and approve at its September public hearings
(without additional notice being provided to each taxpayer). The rate may always be reduced.
The attached Resolution has been prepared/reviewed by your Village Attorney for legal
sufficiency.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
establishing a “tentative” operating millage rate of 7.0000 and a debt service millage rate
of 0.0000 respectively (for a total millage rate of 7.0000) and setting the first Public Hearing
on the tentative budget and proposed millage rate for Thursday, September 14, 2023 at
7:00 P.M.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE
RATE OF 7.0000 MILS FOR FISCAL YEAR 2024; ESTABLISHING A DATE,
TIME, AND PLACE FOR THE FIRST HEARING ON THE TENTATIVE
BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE
VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM
BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 200.065(2)(b), Florida Statutes, the Village Council is required
to advise the Palm Beach County Property Appraiser of its proposed millage rate, its rolled back
rate, and the date, time, and place of the first public hearing to consider the proposed millage rate
and tentative budget.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The Village Council hereby adopts a tentative millage rate of 7.0000 for General
Operating Budget purposes and a tentative millage rate of 0.0000 for Debt Service, for a total
combined millage rate of 7.0000 mils for Fiscal Year 2024. The tentative millage rate is 13.13%
above the rolled back rate of 6.1876 mils.
Section 2. The Village Council hereby establishes Thursday, September 14, 2023 at 7:00 p.m.
as the date and time of the first hearing on the tentative budget and proposed millage rate. The
public hearing shall be held at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida,
33408.
Section 3. The Village Manager is hereby authorized and directed to submit forms DR-420
(Certification of Taxable Value) and DR-420 MM-P (Municipality Maximum Millage Levy
Calculation) to the Palm Beach County Property Appraiser’s Office.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF _____________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
MAXIMUM MILLAGE LEVY CALCULATION
PRELIMINARY DISCLOSURE
For municipal governments, counties, and special districts
DR-420MM-P
R. 5/12
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
Year:County:
Principal Authority :Taxing Authority:
1.(1)Is your taxing authority a municipality or independent special district that has levied
ad valorem taxes for less than 5 years?Yes No
IF YES, STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation.
2.(2)per $1,000Current year rolled-back rate from Current Year Form DR-420, Line 16
3.Prior year maximum millage rate with a majority vote from 2022 Form DR-420MM, Line 13 per $1,000 (3)
4.(4)per $1,000Prior year operating millage rate from Current Year Form DR-420, Line 10
If Line 4 is equal to or greater than Line 3, skip to Line 11. If less, continue to Line 5.
Adjust rolled-back rate based on prior year majority-vote maximum millage rate
5.(5)Prior year final gross taxable value from Current Year Form DR-420, Line 7 $
6.(6)$Prior year maximum ad valorem proceeds with majority vote
(Line 3 multiplied by Line 5 divided by 1,000)
7.(7)$Amount, if any, paid or applied in prior year as a consequence of an obligation
measured by a dedicated increment value from Current Year Form DR-420 Line 12
8.(8)Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7)$
9.Adjusted current year taxable value from Current Year form DR-420 Line 15 $(9)
10.Adjusted current year rolled-back rate (Line 8 divided by Line 9, multiplied by 1,000)per $1,000 (10)
Calculate maximum millage levy
11.(11)Rolled-back rate to be used for maximum millage levy calculation
(Enter Line 10 if adjusted or else enter Line 2)per $1,000
12.Adjustment for change in per capita Florida personal income (See Line 12 Instructions)(12)
13.Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12)(13)per $1,000
14.Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10)per $1,000 (14)
15.Current year proposed millage rate per $1,000 (15)
16.(16)Minimum vote required to levy proposed millage: (Check one)
a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal
to the majority vote maximum rate. Enter Line 13 on Line 17.
b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The
maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17.
c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14.
The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17.
d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17.
17.The selection on Line 16 allows a maximum millage rate of
(Enter rate indicated by choice on Line 16)(17)per $1,000
18.(18)Current year gross taxable value from Current Year Form DR-420, Line 4 $
Continued on page 2
7.0000
4
North Palm Beach
3,340,734,476
North Palm Beach
20,714,770
2,953,009,292
0
Reset Form
1.0284
4
6.1876
7.0148
PALM BEACH
6.2007
7.0000
20,714,770
2023
3,375,264,084
7.0145
6.2007
7.0000
Print Form
6.3768
DR-420MM-P
R. 5/12
Page 2
19.Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000)(19)$
20.(20)Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided
by 1,000)$
DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE. SIGN AND SUBMIT.
21.Enter the current year proposed taxes of all dependent special districts & MSTUs levying
a millage . (The sum of all Lines 19 from each district's Form DR-420MM-P)$(21)
22.Total current year proposed taxes (Line 19 plus Line 21)(22)$
Total Maximum Taxes
23.(23)Enter the taxes at the maximum millage of all dependent special districts & MSTUs
levying a millage (The sum of all Lines 20 from each district's Form DR-420MM-P)$
24.Total taxes at maximum millage rate (Line 20 plus Line 23)(24)$
Total Maximum Versus Total Taxes Levied
25.Are total current year proposed taxes on Line 22 equal to or less than total taxes at the
maximum millage rate on Line 24? (Check one)YES NO (25)
S
I
G
N
H
E
R
E
Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages
comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s.
200.081, F.S.
Signature of Chief Administrative Officer :Date :
Title :Contact Name and Contact Title :
Mailing Address :Physical Address :
City, State, Zip :Phone Number :Fax Number :
Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation-Preliminary Disclosure, to
your property appraiser with the form DR-420, Certification of Taxable Value.
Instructions on page 3
Taxing Authority :
0
0
23,626,849
5612588025
501 US HIGHWAY ONE
NORTH PALM BEACH, FLORIDA 33408
CHARLES HUFF, VILLAGE MANAGER
4
23,626,849
23,626,849
23,626,849
SAMIA JANJUA, FINANCE DIRECTOR
North Palm Beach
5618413360
501 US HIGHWAY ONE
DR-420MM-P
R. 5/12
Page 3
MAXIMUM MILLAGE LEVY CALCULATION
PRELIMINARY DISCLOSURE
INSTRUCTIONS
General Instructions
Each of the following taxing authorities must
complete a DR-420MM-P.
• County
• Municipality
• Special district dependent to a county or
municipality
• County MSTU
• Independent special district, including water
management districts
• Water management district basin
Voting requirements for millages adopted by a
two-thirds or a unanimous vote are based on the
full membership of the governing body, not on
the number of members present at the time of
the vote.
This form calculates the maximum tax levy for
2023 allowed under s. 200.065(5), F.S. Counties
and municipalities, including dependent special
districts and MSTUs, which adopt a tax levy at the
final hearing higher than allowed under s.
200.065, F.S., may be subject to the loss of their
half-cent sales tax distribution.
DR-420MM-P shows the preliminary maximum
millages and taxes levied based on your
proposed adoption vote. Each taxing authority
must complete, sign, and submit this form to
their property appraiser with their completed
DR-420, Certification of Taxable Value.
The vote at the final hearing and the resulting
maximum may change. After the final hearing,
each taxing authority will file a final Form
DR-420MM, Maximum Millage Levy Calculation
Final Disclosure, with Form DR-487, Certification
of Compliance, with the Department of Revenue.
Specific tax year references in this form are
updated each year by the Department.
Line Instructions
Lines 5-10
Only taxing authorities that levied a 2022 millage rate less
than their maximum majority vote rate must complete these
lines. The adjusted rolled-back rate on Line 10 is the rate
that would have been levied if the maximum vote rate for
2022 had been adopted. If these lines are completed, enter
the adjusted rate on Line 11.
Line 12
This line is entered by the Department of Revenue. The
same adjustment factor is used statewide by all taxing
authorities. It is based on the change in per capita Florida
personal income (s. 200.001(8)(i), F.S.), which Florida Law
requires the Office of Economic and Demographic Research
to report each year.
Lines 13 and 14
Millage rates are the maximum that could be levied with a
majority or two-thirds vote of the full membership of the
governing body. With a unanimous vote of the full
membership (three-fourths vote of the full membership if
the governing body has nine or more members) or a
referendum, the maximum millage rate that can be levied is
the taxing authority’s statutory or constitutional cap.
Line 16
Check the box for the minimum vote necessary at the final
hearing to levy your adopted millage rate.
Line 17
Enter the millage rate indicated by the box checked in Line
16. If the proposed millage rate is equal to or less than the
majority vote maximum millage rate, enter the majority vote
maximum. If a two-thirds vote, a unanimous vote, or a
referendum is required, enter the proposed millage rate. For
a millage requiring more than a majority vote, the proposed
millage rate must be entered on Line 17, rather than the
maximum rate, so that the comparisons on Lines 21 through
25 are accurate.
All TRIM forms for taxing authorities are available on our website at
http://floridarevenue.com/property/Pages/Forms.aspx
CERTIFICATION OF TAXABLE VALUE DR-420
R. 5/12
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
Year :County :
Principal Authority :Taxing Authority :
SECTION I : COMPLETED BY PROPERTY APPRAISER
1.Current year taxable value of real property for operating purposes $(1)
2.Current year taxable value of personal property for operating purposes $(2)
3.(3)Current year taxable value of centrally assessed property for operating purposes $
4.(4)Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)$
5.(5)
Current year net new taxable value (Add new construction, additions, rehabilitative
improvements increasing assessed value by at least 100%, annexations, and tangible
personal property value over 115% of the previous year's value. Subtract deletions.)
$
6.(6)Current year adjusted taxable value (Line 4 minus Line 5)$
7.(7)$Prior year FINAL gross taxable value from prior year applicable Form DR-403 series
8.(8)Does the taxing authority include tax increment financing areas? If yes, enter number
of worksheets (DR-420TIF) attached. If none, enter 0
Number
9.(9)
NumberDoes the taxing authority levy a voted debt service millage or a millage voted for 2
years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of
DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0
SIGN
HERE
Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge.
Date :
SECTION II : COMPLETED BY TAXING AUTHORITY
If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and
possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-.
10.Prior year operating millage levy (If prior year millage was adjusted then use adjusted
millage from Form DR-422) (10)per $1,000
11.(11)Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000)$
12.(12)$Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a
dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms)
13.
14.
(13)
(14)
Adjusted prior year ad valorem proceeds (Line 11 minus Line 12)$
$Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms)
15.(15)$Adjusted current year taxable value (Line 6 minus Line 14)
16.Current year rolled-back rate (Line 13 divided by Line 15, multiplied by 1,000) per $1000 (16)
17.(17)per $1000Current year proposed operating millage rate
18.(18)
$
Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided
by 1,000)
Continued on page 2
YES NO
YES NO
Signature of Property Appraiser:
23,626,849
0
2,953,009,292
6.1876
North Palm Beach
7.0000
53,956,933
North Palm Beach
6/27/2023 9:31 AM
3,321,307,151
3,340,734,476
Reset Form
0
0
0
3,375,264,084
20,671,065
34,529,608
Electronically Certified by Property Appraiser
PALM BEACH
4
7.0000
4
2023
3,340,734,476
0
Print Form
20,671,065
DR-420
R. 5/12
Page 2
19.TYPE of principal authority (check one)County Independent Special District
(19)
Municipality Water Management District
(20)20.
Applicable taxing authority (check one)Principal Authority Dependent Special District
MSTU Water Management District Basin
21.(21)Is millage levied in more than one county? (check one)Yes No
DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE - SIGN AND SUBMIT
22.
(22)$
Enter the total adjusted prior year ad valorem proceeds of the principal authority, all
dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420
forms)
23.Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000)(23)per $1,000
24.(24)$Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 1,000)
25.(25)$
Enter total of all operating ad valorem taxes proposed to be levied by the principal
taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all
DR-420 forms)
(26)Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied
by 1,000)per $1,000
(27)Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by
Line 23, minus 1, multiplied by 100)%
S
I
G
N
H
E
R
E
Taxing Authority Certification
I certify the millages and rates are correct to the best of my knowledge.
The millages comply with the provisions of s. 200.065 and the provisions of
either s. 200.071 or s. 200.081, F.S.
Date :
Title :Contact Name and Contact Title :
Mailing Address :Physical Address :
City, State, Zip :Phone Number :Fax Number :
Instructions on page 3
First public
budget hearing
Date :Time :Place :
27.
26.
Signature of Chief Administrative Officer :
23,626,849
4
5612588025
20,671,065
5618413360
4
9/14/2023
501 US HIGHWAY ONE501 US HIGHWAY ONE
4
20,884,784
Village Hall, 501 US Highway One, North Palm Beach, FL
334087:00 PM EST
NORTH PALM BEACH, FLORIDA 33408
6.1876
CHARLES HUFF, VILLAGE MANAGER
13.13
SAMIA JANJUA, FINANCE DIRECTOR
7.0000
DR-420
R. 5/12
Page 3
CERTIFICATION OF TAXABLE VALUE
INSTRUCTIONS
“Principal Authority” is a county, municipality, or independent special district (including water management districts).
“Taxing Authority” is the entity levying the millage. This includes the principal authority, any special district dependent to the
principal authority, any county municipal service taxing unit (MSTU), and water management district basins.
Each taxing authority must submit to their property appraiser a DR-420 and the following forms, as applicable:
· DR-420TIF, Tax Increment Adjustment Worksheet
· DR-420DEBT, Certification of Voted Debt Millage
· DR-420MM-P, Maximum Millage Levy Calculation - Preliminary Disclosure
Section I: Property Appraiser
Use this DR-420 form for all taxing authorities except school
districts. Complete Section I, Lines 1 through 9, for each county,
municipality, independent special district, dependent special
district, MSTU, and multicounty taxing authority. Enter only
taxable values that apply to the taxing authority indicated. Use a
separate form for the principal authority and each dependent
district, MSTU and water management district basin.
Line 8
Complete a DR-420TIF for each taxing authority making
payments to a redevelopment trust fund under Section 163.387
(2)(a), Florida Statutes or by an ordinance, resolution or
agreement to fund a project or to finance essential infrastructure.
Check "Yes" if the taxing authority makes payments to a
redevelopment trust fund. Enter the number of DR-420TIF forms
attached for the taxing authority on Line 8. Enter 0 if none.
Line 9
Complete a DR-420DEBT for each taxing authority levying either
a voted debt service millage (s.12, Article VII, State Constitution)
or a levy voted for two years or less (s. 9(b), Article VII, State
Constitution).
Check “Yes” if the taxing authority levies either a voted debt
service millage or a levy voted for 2 years or less (s. 9(b), Article
VII, State Constitution). These levies do not include levies
approved by a voter referendum not required by the State
Constitution. Complete and attach DR-420DEBT. Do not
complete a separate DR-420 for these levies.
Send a copy to each taxing authority and keep a copy. When the
taxing authority returns the DR-420 and the accompanying forms,
immediately send the original to:
Florida Department of Revenue
Property Tax Oversight - TRIM Section
P. O. Box 3000
Tallahassee, Florida 32315-3000
Section II: Taxing Authority
Complete Section II. Keep one copy, return the original and
one copy to your property appraiser with the applicable
DR-420TIF, DR-420DEBT, and DR-420MM-P within 35 days
of certification. Send one copy to the tax collector. “Dependent
special district” (ss. 200.001(8)(d) and 189.403(2), F.S.)
means a special district that meets at least one of the
following criteria:
l The membership of its governing body is identical to that of
the governing body of a single county or a single
municipality.
l All members of its governing body are appointed by the
governing body of a single county or a single
municipality.
l During their unexpired terms, members of the special
district's governing body are subject to removal at will by
the governing body of a single county or a single
municipality.
l The district has a budget that requires approval through an
affirmative vote or can be vetoed by the governing body
of a single county or a single municipality.
"Independent special district” (ss. 200.001(8)(e) and 189.403
(3), F.S.) means a special district that is not a dependent
special district as defined above. A district that includes more
than one county is an independent special district unless the
district lies wholly within the boundaries of a single
municipality.
“Non-voted millage” is any millage not defined as a “voted
millage” in s. 200.001(8)(f), F.S.
Lines 12 and 14
Adjust the calculation of the rolled-back rate for tax increment
values and payment amounts. See the instructions for
DR-420TIF. On Lines 12 and 14, carry forward values from
the DR-420TIF forms.
Line 24
Include only those levies derived from millage rates.
All TRIM forms for taxing authorities are available on our website at
http://dor.myflorida.com/dor/property/trim
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Interim Village Manager
FROM: Caryn Gardner-Young, Community Development Director
DATE: July 27, 2023
SUBJECT: RESOLUTION – Appointment of Kevin M. Wagner as Alternate Code Enforcement
Special Magistrate
In 2010, the Village Council adopted Ordinance No 2010-09, providing for the appointment of one or
more Code Enforcement Special Magistrates to conduct code enforcement proceedings in accordance
with Chapter 162, Florida Statutes, and Article VI, Chapter 2 of the Village Code of Ordinances. Through
the adoption of Resolution No. 2010-56 on September 22, 2010, the Village Council appointed Thomas
J. Baird as Special Magistrate and David W. Schmidt as Alternate Special Magistrate. Mr. Schmidt
subsequently resigned his position, and through adoption of Resolution No. 2011-37 on September 22,
2011, the Village Council appointed B. Douglas MacGibbon to serve as the Alternate Special Magistrate.
Last year, the Village Council received a request from Mr. Baird to increase his hourly rate to $300.00
per hour. Mr. MacGibbon’s hourly rate was $175.00 per hour. Because the Village was extremely
satisfied with the services of both Mr. Baird and Mr. MacGibbon, Village Staff recommended that the
Village Council appoint Mr. MacGibbon to serve as the Special Magistrate. Through Resolution No.
2022-99 on November 14, 2022, the Village Council appointed B. Douglas MacGibbon as the Village’s
Code Enforcement Special Magistrate. This resulted in a vacancy in the Alternate Special Magistrate
position. Mr. Baird declined to serve as Alternate Special Magistrate due to a recurrent conflict with a
meeting in the Town of Lake Park, where he services as Town Attorney.
Village Staff is recommending that Kevin M. Wagner be appointed the Alternate Special Magistrate. Mr.
Wagner has presided over municipal code enforcement hearings for over twenty (20) years. He serves
as a Special Magistrate for the Cities of West Palm Beach, Palm Beach Gardens, and Delray Beach and
the Villages of Tequesta and Golf. A copy of his resume is attached.
Mr. Wagner has agreed to perform Special Magistrate services an hourly rate of $175.00. There is no
fiscal impact because Mr. Wagner will only be required to serve as Magistrate if there are any conflicts
with Mr. MacGibbon. They each charge the same hourly rate.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Recommendation:
Village Staff requests Village Council consideration and approval of the attached Resolution
appointing Kevin M. Wagner as the Alternate Code Enforcement Special Magistrate in accordance
with Village policies and procedures.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPOINTING KEVIN M. WAGNER AS
THE VILLAGE’S ALTERNATE CODE ENFORCEMENT SPECIAL
MAGISTRATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2022-99 on November 14, 2022, the Village
Council appointed B. Douglas MacGibbon as Code Enforcement Special Magistrate, thereby
creating a vacancy in the position of Alternate Code Enforcement Special Magistrate; and
WHEREAS, Village Staff recommended the appointment of Kevin M. Wagner to serve as
Alternate Code Enforcement Special Magistrate; and
WHEREAS, the Village Council wishes to appoint Kevin M. Wagner as the Village’s Alternate
Code Enforcement Special Magistrate and 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 hereby ratified and incorporated herein.
Section 2. The Village Council hereby appoints Kevin M. Wagner to serve as the Village’s
Alternate Code Enforcement Special Magistrate.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Kevin Michael Wagner
Attorney at Law
Professor
8129 Bautista Way
Palm Beach Gardens,FL 33418
TEL +1-561-252-1794
FAX +1-561-297-2997
EMAIL wagnerkj@comcast.net
EDUCATION
University of Florida,American Politics,Political Behavior,and
Research Methodology of Political Science,2005
●Ph.D.
●M.A.University of Florida,American Politics,2002
University of Florida,1996●J.D.
●Certification Russian Academy of Sciences,Russian Language,1993
●B.A.Florida State University,International Relations,1993
PROFESSIONAL EXPERIENCE
●Special Magistrate
Independent Contractor City of Boca Raton;The Village of Tequesta,
As Needed
2000-Present
City of West Palm Beach;City of Palm Beach Gardens;
The Village of Golf;City of Delray Beach
●Code Board Counsel
2011-
City of South Palm Beach,FL.
●Professor
2017-
Department of Political Science,Florida Atlantic
University,Boca Raton,FL
●Associate Professor
2006-2017
Department of Political Science,Florida Atlantic
University,Boca Raton,FL
Scott,Harris,Bryan,Barra &Jorgensen,P.A.Palm Beach
Gardens,FL
●Attorney at Law
1996-2008
●Visiting Professor
2004-2005
Department of Political Science,Florida Atlantic
University,Boca Raton,FL
●Instructor
2003
Department of Political Science,University of Florida,
Gainesville,FL
Department of Political Science,University of Florida,
Gainesville,FL
Teaching Assistant
2001-2003
Department of Political Science,University of Florida,
Gainesville,FL
Research Assistant
2000-2001
College of Law,University of Florida,Gainesville,FLTeachingFellow
1994-1996
Public Defender
Intern
1996
Alachua County Public Defender,Gainesville,FL
Judicial Law Clerk
1995
Sixth Judicial Circuit of Florida
PUBLICATIONS
Sample of Refereed Journal and Law Review Articles:
●Kevin Wagner (with Jason Gainous and Trisha Grey).“Digital Information
Consumption and External Political Efficacy in Latin America:Does Institutional
Context yidAXtrC Journal of Information Technology and Politics 14(1):1-15
(2017).
Kevin Wagner (with Jason Gainous and CE Ziegler).“Digital media and political
opposition in authoritarian systems:Russia’s 2011 and 2016 Duma elections.”
Democratization 24{l):1-18 (2017).
Kevin Wagner (with Jason Gainous and Trisha Grey).“Gender and the Digital
Divide in Latin America.”Social Science Quarterl.y doi:10.111 l/ssqu.l2270
(2017).
Kevin Wagner (with Jason Gainous and Trisha Grey).“Internet Freedom and
Social Media Effects:Democracy and Citizen Attitudes in Latin America.”
Online Information Review 40:4 (2016).
Kevin Wagner (with Dukong Kim and Jeremy Hagler).“Stand Your Ground in
Florida:The Effect of Race,Location and Weapons on Convictions.”Ralph
Bunche Journal of Public Affairs (2016)5(1):1-10.
Kevin Wagner (with Jason Gainous and Jason Abbott).“Civic Disobedience:
Does Internet Use Stimulate Political Unrest in East Asia?”Journal of
Information,Technology and Politics (2Q\5)12(1):219-236.
2
●Kevin Wagner (with Jason Gainous).“Digital Uprising:The Internet Revolution
in the Middle East.”Journal of Information,Technology and Politics (2013)
10(3):261-275.
●Kevin Wagner (with Jason Gainous)"Bowling Online:The Internet and the New
Social Capital."The Commonwealth Review of Political Science.Volume L
Number 1 (2013)4-26.
●Kevin Wagner,et.al."State Parties 2.0."The International Journal of
Technology,Knowledge and Society (2013)9(1):99-112.
●Kevin Wagner,et.al.“Traditional Cleavages or a New World:Does Online
Social Networking Bridge the Political Participation Divide?”Journal of Politics,
Culture and Society.(2013)26(2):145-158.
●Kevin Wagner.“Edmund Burke and Adam Smith:Understanding the Divisions in
Conservative Thought.”The Political Chronicle (2012)21(2)7-21.
●Kevin Wagner,“Rewriting the Guarantee Clause:How Courts Validate Political
Change,”Willamette Law Review (2010)47(1)47-84.
●Kevin Wagner (with Jason Gainous).“Electronic Grassroots:Does Online
Campaigning Work.”Jourwia/of Legislative Studies (2009)15(4)502-520.
●Kevin Wagner (with Eric Prier).“Running Unopposed:Assessing the Impact of
Term Limits on Competition in Florida and Maine.”Journal of Politics and
Po//cy (2009)37(1):101-125.
Books:
●Tweeting to Power:Social Media Revolution in American Politics.Oxford
University Press (2014).ISBN-10:0199965099
●Rebooting American Politics:The Internet Revolution.New York:Rowman and
Littlefield Press (2011).ISBN-10:1442210508.
Book Chapters:
●Kevin Wagner and Eric Prier.“Assessing The Florida Legislature.
Government and Politics in Florida (4^^ed)edited by J.Edwin Benton,
Gainesville,FL:University Press of Florida (Forthcoming 2016).
In
●Kevin Wagner and Jason Gainous.“Mena and the Internet:Technology and the
Democratic Divide.”In Assessing Mena Political Reform,Post-Arab Spring,
edited by Brian Robert Calfano,Lonfon,UK:Lexington Books (2014).
3
●Kevin Wagner and Eric Frier.“The Florida Legislature.”In Government and
Politics in Florida (3^^^ed.,pp.152-180)edited by J.Edwin Benton,Gainesville,
FL:University Press of Florida (2008).
Other Publications:
●Kevin Wagner.“Keeping Political Science Relevant.”Florida Political Chronicle
(2014)23(1):5-6.
●Kevin Wagner.“City of Cincinnati v.Discovery Network:Constitutional
Protections for Commercial Speech,”in David L.Hudson,David A.Schultz,&
John R.Vile,eds.The Encyclopedia of the First Amendment^1 ed.2008.
●Kevin Wagner.“Bush v.Gore:Law and Politics in American Elections,”in David
Schultz ed.,The_Encyclopedia of the Supreme Court,ed.2005.
●Kevin Wagner.“Layer Cake Federalism,”in Joseph R.Marbach,Troy E.Smith,
Ellis Katz,eds.Federalism in America:An Encyclopedia,ed.,2005.
●Kevin Wagner.“Mapp v.Ohio:Applying the Exclusionary Rule to States,”in
David Schultz and John R.Vile,eds..The Encyclopedia of Civil Liberties in
America,ed.2004.
●Kevin Wagner.“Adderly v.Florida:Restricting Protests on Public Property,”in
David Schultz and John R.Vile,eds..The Encyclopedia of Civil Liberties in
America,ed.2004.
Sample of Reported Law Cases:
●Bedford at Lake Catherine Homeowners Ass'n v.Black,CASE NO.4D00-3245,
COURT OF APPEAL OF FLORIDA,FOURTH DISTRICT,798 So.2d 744;2001
Fla.App.LEXIS 14791,October 10,2001.
●Seligman v.North Am.Mortg.Co.,CASE NO.4D00-1588,COURT OF APPEAL
OF FLORIDA,FOURTH DISTRICT,781 So.2d 1159;2001 Fla.App.LEXIS 4028;
26 Fla.L.Weekly D 867,March 28,2001,Opinion Filed,Released for Publication
April 19,2001.
●Rickard v.McKesson,CASE NO.4D00-507,COURT OF APPEAL OF FLORIDA,
FOURTH DISTRICT,774 So.2d 838;2000 Fla.App.LEXIS 16868;26 Fla.L.
Weekly D 45,December 27,2000,Opinion Filed,Released for Publication January
12,2001.
●Picker v.Robert M.Barrett,Inc.,CASE NO.4D00-954,COURT OF APPEAL OF
FLORIDA,FOURTH DISTRICT,770 So.2d 1274;2000 Fla.App.LEXIS 14792;
25 Fla.L.Weekly D 2659,November 15,2000,Opinion Filed,Released for
Publication December 1,2000.
4
●Delta Resources Corp.v.Board of County Comm'rs,Case No.5D00-523,COURT
OF APPEAL OF FLORIDA,FIFTH DISTRICT,771 So.2d 1177;2000 Fla.App.
LEXIS 14736,October 31,2000,Decision Filed,DECISION WITHOUT
PUBLISHED OPINION,Released for Publication November 17,2000.
●Schlitt V.Currier.CASE NO.4D98-1466 &4D98-2510,COURT OF APPEAL OF
FLORIDA,FOURTH DISTRICT.763 So.2d 491;2000 Fla.App.LEXIS 8768,July
12,2000,Opinion Filed,Released for Publication July 28,2000.
●One Stop 76,Inc.v.State,CASE NO.4D99-2483,COURT OF APPEAL OF
FLORIDA,FOURTH DISTRICT,762 So.2d 962;2000 Fla.App.LEXIS 6230;25
Fla.L.Weekly D 1248,May 24,2000,Opinion Filed,Rehearing Denied June 27,
2000.Released for Publication June 27,2000.
●Smith V.City of West Palm Beach,CASE NO.4D99-2378,COURT OF APPEAL
OF FLORIDA,FOURTH DISTRICT,756 So.2d 166;2000 Fla.App.LEXIS 3437;
25 Fla.L.Weekly D 727,March 22,2000,Opinion Filed,Released for Publication
April 7,2000.
●Brooks V.Watchtower Bible &Tract Soc'y,CASE NO.97-4167,COURT OF
APPEAL OF FLORIDA,FOURTH DISTRICT,706 So.2d 85;1998 Fla.App.
LEXIS 1436;23 Fla.L.Weekly D 575,February 18,1998,Opinion Filed,Released
for Publication March 6.1998.
●Chase Manhattan Mortg.Corp.v.Scott,Royce,Harris,Bryan,Barra &Jorgensen,
P.A.,CASE NO.96-1742,COURT OF APPEAL OF FLORIDA,FOURTH
DISTRICT,694 So.2d 827;1997 Fla.App.LEXIS 5645;22 Fla.L.Weekly D 1327,
May 21,1997,Opinion filed,Rehearing Denied June 18,1997.Released for
Publication June 18,1997.Review Denied October 14,1997,Reported at:1997 Fla.
LEXIS 1835
Professional Memberships -Past and Present
American Political Science Association
Midwest Political Science Association
Southern Political Science Association
Florida Political Science Association
American Bar Association
The Florida Bar
Palm Beach County Bar Association
Federal Bar -Southern District of Florida and District of Arizona
5
Page 1 of 2
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, Country Club General Manager
Allan Bowman, Head Golf Professional
DATE: July 27, 2023
SUBJECT: RESOLUTION – Approving a Contract with Action Sports Netting, Inc. in the amount of
$176,985.70 for the installation of Golf Course Netting
Village staff is requesting Council consideration and approval of the attached Resolution approving a
Contract with Action Sports Netting, Inc. to install golf course netting at the North Palm Beach Country
Club at a cost not exceed $176,985.70.
Background / Project Scope:
In the five years prior to the most recent golf course renovation/re-grassing in 2018, the golf course
averaged 42,000 annual rounds of golf. Today, the course averages 57,000 rounds of golf.
Furthermore, range revenue has increased by 70% resulting in many more golf balls being hit at the
range and more balls ending up in the 10th fairway. Right-handed golfers make up 80% of all golfers,
and they typically miss most of their shots to the right (which would be the 10th fairway).
Village staff fully understands that a net cannot and will not guarantee the stoppage of 100% of the golf
balls that veer to the 10th fairway; however, the installation of netting should stop the vast majority of
the golf balls and create a safer environment for the golf course patrons.
Monies were allocated in the Fiscal Year 2023 budget for capital towards an initial payment of the
proposed Environmental Center. Staff is asking permission to reallocate these monies to address an
important safety issue at the golf course (money for the Environmental Center has been allocated in
the pending, FYE 2024 budget).
Pricing/Purchasing:
On June 26, 2023, the Village issued a Request for Proposal (RFP) for the installation of netting at the
Golf Course. The RFP requested cost proposals for three different areas. The Village only received
one proposal in response to the RFP from Action Sports Netting, Inc. in the amount of $176,984.70 for
Area One (left side of Hole 10 adjacent to the driving range). Action Sports Netting, Inc. has recently
completed work at the Palm Beach Gardens Golf Course (Sand Hill Crane) and the West Palm Beach
Golf Course (The Park).
Account Information:
Fund Department Account
Number Account Description Amount
Country Club Golf Course Maintenance L8045-66210 Construction & Major
Renovation $176,985.70
Page 2 of 2
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
awarding the Contract for the installation of golf course netting for Area One in the amount of
$176,985.70, with funds expended from Country Club Account No. L8045-66210 (Golf Course
Maintenance – Construction & Major Renovation), and authorizing the Mayor and Village Clerk
to execute the Contract in accordance with Village policies and procedures.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING A BID PROPOSAL FROM
ACTION SPORTS NETTING, INC. FOR THE INSTALLATION OF GOLF
COURSE NETTING AT THE NORTH PALM BEACH COUNTRY CLUB AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Village Staff issued a Request for Proposals for the installation of Golf Course
Netting at the North Palm Beach Country Club; and
WHEREAS, Village Staff recommended accepting the sole proposal submitted by Action Sports
Netting, Inc. for Area One (left side of Hole No. 10 adjacent to the driving range); 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 NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the bid proposal submitted by Action Sports
Netting, Inc. for the installation golf course netting at the North Palm Beach Country Club for
Area One at a total cost of $176,985.70, with funds expended from Account No. L8045-66210
(Golf Course Maintenance – Construction and Major Renovation). The Village Council further
authorizes the Mayor and Village Clerk to execute a Contract relating to such services, a copy of
which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
CONTRACT
This Contract is made as of the _______ day of _____________, 2023, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to
as the VILLAGE, and ACTION SPORTS NETTING, INC., a Florida corporation, hereinafter
referred to as CONTRACTOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request
for Proposals for Golf Course Netting and as further stated in CONTRACTOR’s Proposal and
pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF CONTRACTOR.
A. CONTRACTOR shall provide all goods, services, and equipment necessary for supply and
installation of Golf Course Netting for Area One only (left side of Hole No. 10 adjacent to the
driving range), as required under the VILLAGE’s Request for Proposals and CONTRACTOR’s
proposal thereto, which are attached hereto and incorporated herein by reference and to that degree
of care and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the services are provided.
B. The goods and services to be provided by CONTRACTOR shall be commenced
subsequent to the execution and approval of this Contract and upon written notice from the
VILLAGE to proceed.
ARTICLE 2. TERM OF CONTRACT.
A. The term of the Contract shall commence upon the VILLAGE’s issuance of a Notice to
Proceed and shall remain in effect until all goods are delivered and all services performed.
Delivery and installation shall be coordinated by the VILLAGE and CONTRACTOR, provided,
however, that all services shall be complete by October 15, 2023.
B. CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this
Contract or payment or compensation of any kind from the VILLAGE for direct, indirect,
consequential, impact or other costs, expenses, or damages.
ARTICLE 3. VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Head
Golf Professional. The Village Manager or Village Representative shall have the right at all
reasonable times during the term of this Contract to inspect or otherwise evaluate the work being
performed thereunder and the premises in which it is being performed.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and
services set forth in the Request for Proposals and as stated in CONTRACTOR’s Proposal for
Area One only in an amount not to exceed One Hundred Seventy-Six Thousand Nine Hundred
Eighty-Five Dollars and Seventy Cents ($176,985.70).
B. Services undertaken or expenses incurred that exceed the amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the sole liability of
CONTRACTOR.
C. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
D. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies
that all goods have been provided and services performed and all charges have been invoiced to
the VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the
required goods and services.
E. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants, and employees when the occurrence results solely from the wrongful acts or omissions
of the VILLAGE, its officials, agents, servants, and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
Section 768.28, Florida Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be full y qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon thirty (30) days’ prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for services rendered to the VILLAGE’s satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE’s Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance
coverage as required in the Proposal Documents. All insurance, other than Worker’s
Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE as
an Additional Insured.
ARTICLE 10. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein
shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily, and intentionally waive
any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor, and
not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work
performed pursuant to this Contract shall at all times, and in all places, be subject to
CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control
over the means and manner in which it and its employees perform the Work.
ARTICLE 13. NONDISCRIMINATION.
CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 14. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitl ed to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
ARTICLE 15. AUTHORITY TO PROVIDE REQUIRED SERVICES.
CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the services required under
this Contract, and that it will at all times conduct its business and provide the services required
under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted
to the VILLAGE’s representative upon request.
ARTICLE 16. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 17. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE’s
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such written
amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 18. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and services
provided pursuant to this Contract from damage, and shall protect the VILLAGE’s property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss,
except that which may be directly due to errors caused by the VILLAGE or employees of the
VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection.
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
ARTICLE 19. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
Action Sports Netting, Inc.
Attn: Dennis Bryan, President
1511 S.W. Mockingbird Circle
Port St. Lucie, FL 34986
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 20. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 21. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”,
“hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 22. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed
a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 23. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 24. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
ARTICLE 25. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract.
The exhibits and other contract documents, if not physically attached, including, but not limited to
the Request for Proposals and the CONTRACTOR’s Proposal, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 26. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 27. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 28. DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that
the occurrence of any of the following shall be deemed a material event of default and shall be
grounds for immediate termination:
1. The filing of any judgment lien against the assets of CONTRACTOR related to the
performance of this Contract which is not satisfied, discharged, or contested in a court of law
within thirty (30) days from the date of notice to the CONTRACTOR; or
2. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code,
or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or
CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or
the taking possession of the property of CONTRACTOR by any governmental officer or agency
pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a
temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for
CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be
discharged within thirty (30) days from the date of appointment.
3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to
provide the goods and services required pursuant to this Contract on schedule as agreed to by
CONTRACTOR in this Contract.
B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any
event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any
such default.
ARTICLE 29. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, w hich a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre-loss basis.
ARTICLE 30. E-VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees an d has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with unauthorized aliens. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
ARTICLE 31. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 32. PUBLIC RECORDS.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not transfer
the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s
custodian of public records, in a format that is compatible with the information technology systems
of the VILLAGE.
ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
BY:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DAVID NORRIS
MAYOR
ATTEST:
BY:________________________________
JESSIC A GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY