10-12-2023 VC REG-A with attachments - REVISED
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA - REVISED
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, OCTOBER 12, 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
ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held September 28, 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 Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
Regular Session Agenda, October 12, 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. MOTION – Approving the suspension of the 11/23/23 and 12/28/23 Council meetings in
observance of national holidays.
3. RESOLUTION – Authorizing the Village Manager and the Village Clerk to execute all documents
required to effectuate transactions involving Village vehicles.
4. RESOLUTION – Amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2024
Budget to revise the pay grade for the position of Building Official.
5. Receive for file Minutes of the Residential Ad-Hoc Committee meeting held 7/25/22.
6. Receive for file Minutes of the Residential Ad-Hoc Committee meeting held 8/23/22.
7. Receive for file Minutes of the Business Advisory Board meeting held 7/18/23.
8. Receive for file Minutes of the Waterways Advisory Board meeting held 7/25/23.
9. Receive for file Minutes of the Planning Commission meeting held 8/1/23.
10. Receive for file Minutes of the Recreation Advisory Board meeting held 8/08/23.
11. Receive for file Minutes of the Business Advisory Board meeting held 8/15/23.
12. Receive for file Minutes of the Library Advisory Board meeting held 8/22/23.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
13. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2023-17 - CODE AMENDMENT - R1 SINGLE
FAMILY DWELLING DISTRICT - REMOVING REGULATIONS RELATING TO VOLUME AND
MASSING OF TWO-STORY SINGLE FAMILY DWELLINGS AND ADDING A GUIDANCE STATEMENT
Consider a motion to adopt and enact on second reading Ordinance 2023-17 amending Appendix C
(Chapter 45), "Zoning," of the Village Code of Ordinances to recognize the state preemption of
portions of Ordinance No. 2022-18; Amending Article III, "District Regulations," by amending Section 45-27,
"R-1 Single-Family Dwelling District," to remove regulations relating to the volume and massing of
two-story single-family dwellings and to add a guidance statement.
14. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2023-18 - CODE AMENDMENT - CREATE
PLANNING, ZONING AND ADJUSTMENT BOARD Consider a motion to adopt and enact on
second reading Ordinance 2023-18 amending Chapter 21, "Planning and Development," of the
Village Code of Ordinances by Amending Article II, "Planning Commission," to create a Planning,
Zoning and Adjustment Board and repealing Article III, "Board of Adjustment," in its entirety;
amending Article VI, "Rezoning, Variances and Waivers," of Chapter 45 (Appendix C), "Zoning," of
the Village Code of Ordinances by Amending Section 45-50, "Variances," to provide procedures for
variances and adopting a new Section 45-52, "Administrative Appeals;" replacing all Village Code
references to the Planning Commission with the Planning, Zoning and Adjustment Board.
15. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2023-19 - CHANGING THE DATE OF THE
MARCH 2024 GENERAL ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD
Consider a motion to adopt on and enact on second reading Ordinance 2023-19 changing the date
of the March 2024 General Election to coincide with the Statewide Presidential Preference Primary;
establishing the dates for qualification of candidates; providing for commencement and length of
term of office; providing for an additional qualifying period for vacancies arising after initial qualifying
period; providing for transmittal to the Supervisor of Elections.
Regular Session Agenda, October 12, 2023 Page 3 of 3
OTHER VILLAGE BUSINESS MATTERS
16. RESOLUTION – MINOR PUD AMENDMENT Consider a motion to adopt a resolution approving a
minor amendment to the Memory Care Commercial Planned Unit Development for the installation of
a pass-through window consisting of a three-panel glass pane garage door on the north side of the
commercial outparcel building.
17. RESOLUTION – COUNTRY CLUB TENNIS CENTER FENCING CONTRACT Consider a motion to
adopt a resolution accepting a Proposal from Daniels Fence Corp. for the removal, disposal and
replacement of fencing at the North Palm Beach Country Club Tennis Center at a total cost not to
exceed $235,890; and authorizing execution of the Contract.
18. RESOLUTION – GOLF CART PATH CONCRETE WORK CONTRACT Consider a motion to adopt
a resolution approving a Contract with Drive Cart Path Systems, LLC for concrete cart path curbing,
extension, and panel replacement at the North Palm Beach Country Club Golf Course at a cost not
to exceed $50,000; and authorizing execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 28, 2023
Present: Susan Bickel, Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tem
Deborah Searcy, Councilmember
Mark Mullinix, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
Absent: David B. Norris, Mayor
ROLL CALL
Vice Mayor Bickel called the meeting to order at 7:00 p.m. All members of Council were present
except Mayor Norris who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Bickel gave the invocation and President Pro Tem Aubrey led the public in the Pledge.
AWARDS AND RECOGNITION
Vice Mayor Bickel presented a proclamation for Palm Beach State College’s 90th Anniversary to
Susan Del Portal, Manager of External Affairs and Stephen Joyner, Provost at Palm Beach State College.
Ms. Del Portal and Mr. Joyner thanked Council for the proclamation.
STATEMENTS FROM THE PUBLIC
John Samadi, 512 Marlin Road, gave suggestions for the types of articles or information that
should be included in the Village newsletter.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 2 of 8
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE
ORDINANCE AND BUDGET ORDINANCE A motion was made by President Pro Tem Aubrey and seconded by Councilmember Searcy to
adopt and enact on second reading Ordinance 2023-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD
VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 AND
ENDING SEPTEMBER 30, 2024; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE. A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt and enact on second reading Ordinance 2023-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH
PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 AND ENDING
SEPTEMBER 30, 2024 AND AUTHORIZING ALLOCATIONS, APPROPR IATIONS AND
EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY
LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE
VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED
POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE
CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE
RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET
AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES
AND THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR
FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff stated that he did not have a presentation, but instead thanked all of the Department
Heads for their work and participation in putting the budget together and thanked Council for their
direction and guidance. The ad valorem tax millage rate and FY 2023-2024 budget ordinances
both passed on first reading at the prior Council meeting. The millage rate was lowered from
7.0000 mils to 6.9000 mils.
Vice Mayor Bickel opened the public hearing on the ad valorem tax millage rate and budget.
There being no comments from the public, Vice Mayor Bickel closed the public hearing.
Councilmember Mullinix expressed his concerns with the budget and recommended lowering the
budget and millage rate for the next budget year cycle.
President Pro Tem Aubrey stated that he regrets that there was an increase that would cost residents
a little more, but due to inflation, everything has gone up in price. It was also imperative to
maintain competitive pay rates in order to keep the Village maintained and properly staffed.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 3 of 8
PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE
ORDINANCE AND BUDGET ORDINANCE continued
Vice Mayor Bickel announced that the rolled back rate was 6.1876 mils, the percentage increase
over the rolled back rate was 11.51%, and the millage rate to be levied was 6.9000 mils.
The motion to adopt and enact on second reading Ordinance 2023-15 approving the Ad Valorem
Tax Millage Rate passed with all present voting aye.
The motion to adopt and enact on second reading Ordinance 2023-16 approving the Fiscal Year
2023-2024 Annual Budget passed with all present voting aye.
ORDINANCE 2023-17 –CODE AMENDMENT – R1 SINGLE FAMILY DWELLING
DISTRICT – REMOVING REGULATIONS RELATING TO VOLUME AND MASSING OF
TWO-STORY SINGLE FAMILY DWELLINGS AND ADDING A GUIDANCE STATEMENT
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2023-17 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), “ZONING,” OF THE
VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE STATE PREEMPTION OF
PORTIONS OF ORDINANCE NO. 2022-18; AMENDING ARTICLE III, “DISTRICT
REGULATIONS,” BY AMENDING SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING
DISTRICT,” TO REMOVE REGULATIONS RELATING TO THE VOLUME AND MASSING
OF TWO-STORY SINGLE-FAMILY DWELLINGS AND TO ADD A GUIDANCE
STATEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Mr. Rubin explained the purpose of the code amendment. Through the enactment of Florida Senate
Bill 250, the Florida Legislature prohibited the Village from proposing more restrictive or
burdensome amendments to its land development regulations retroactive to September 28, 2022.
The legislation declared any such amendments void ab initio or of no force and effect as of the
date of adoption. Mr. Rubin explained that after staff brought Senate Bill 250 to Council’s
attention, Council recognized the preemption provisions. In conjunction with a repeal of the
preempted provisions, Council directed staff to include a guidance statement encouraging property
owners to use the former regulations as guidelines when constructing substantially altering two -
story single-family dwellings. The Village Council further indicated that they would like to readopt
the regulations upon expiration of the preemption provision of Senate Bill 250 on October 1, 2024.
Vice Mayor Bickel opened the public hearing.
John Samadi, 512 Marlin Road, expressed his concerns regarding the language in the proposed
code amendment and gave alternative methods of creating language for the amendment.
Thereafter, the motion to adopt on first reading Ordinance 2023-17 passed with all present voting aye.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 4 of 8
ORDINANCE 2023-18 – CODE AMENDMENT – CREATE PLANNING, ZONING AND
ADJUSTMENT BOARD
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2023-18 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 21, “PLANNING AND DEVELOPMENT,” OF
THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, “PLANNING
COMMISSION,” TO CREATE A PLANNING, ZONING AND ADJUSTMENT BOARD AND
REPEALING ARTICLE III, “BOARD OF ADJUSTMENT,” IN ITS ENTIRETY; AMENDING
ARTICLE VI, “REZONING, VARIANCES AND WAIVERS,” OF CHAPTER 45 (APPENDIX
C), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-
50, “VARIANCES,” TO PROVIDE PROCEDURES FOR VARIANCES AND ADOPTING A
NEW SECTION 45-52, “ADMINISTRATIVE APPEALS;” REPLACING ALL VILLAGE
CODE REFERENCES TO THE PLANNING COMMISSION WITH THE PLANNING,
ZONING AND ADJUSTMENT BOARD; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
Community Development Director Caryn Gardner-Young explained the purpose of the code
amendment. Mrs. Gardner-Young explained that the amendment would officially combine the
Planning Commission with the Planning & Zoning Board of Adjustments, which would require a
name change and deletion of any reference to Board of Adjustment. Additionally, the amendment
would combine the variance process into one section, streamline the development process, place
burden of proof on applicants, provide a one (1) year expiration for variance if no action is take
and clarifies the administrative appeal process. Mrs. Gardner-Young explained that staff
performed an analysis of the code amendment and determined that it was consistent with the
Comprehensive Plan’s Future Land Use Element and Housing Element. The amendment was also
consistent with the code of ordinances by promoting the economic health of the Village and
ensuring that Departments operations were efficient and effective.
Thereafter, the motion to adopt on first reading Ordinance 2023-18 passed with all present voting aye.
ORDINANCE 2023-19 – CHANGING THE DATE OF THE MARCH 2024 GENERAL
ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt on first reading Ordinance 2023-19 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CHANGING THE DATE OF THE MARCH 20 24 GENERAL
ELECTION TO COINCIDE WITH THE STATEWIDE PRESIDENTIAL PREFERENCE
PRIMARY; ESTABLISHING THE DATES FOR QUALIFICATION OF CANDIDATES;
PROVIDING FOR COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING
FOR AN ADDITIONAL QUALIFYING PERIOD FOR VACANCIES ARISING AFTER
INITIAL QUALIFYING PERIOD; PROVIDING FOR TRANSMITTAL TO THE SUPERVISOR
OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 5 of 8
ORDINANCE 2023-19 – CHANGING THE DATE OF THE MARCH 2024 GENERAL
ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD continued
Mr. Rubin explained that the date of the Village’s municipal election has to be changed every four
(4) years due to the Presidential Preference Primary. The Supervisor of Elections and voting
equipment would not be available on the Village’s scheduled municipal election, therefore
necessitating the date change. The date of the Presidential Prefer ence Primary is scheduled for
March 19, 2024, which is one week later than the Village’s scheduled election of March 12, 2024.
Additionally, due to concerns, regarding legislation passed that requires elected officials to file
Form 6, the ordinance would provide for an additional qualifying period in the case that a
Councilmember resigns after the initial qualifying period. The additional qualifying period would
take place between January 4, 2024 and January 11, 2024 in order for the Supervisor of Electi ons
to receive ballot language no later than January 12, 2024.
Vice Mayor Bickel opened the public hearing.
There being no comments from the public, Vice Mayor Bickel closed the public hearing.
Discussion ensued between Mr. Rubin and Councilmembers.
Thereafter, the motion to adopt on first reading Ordinance 2023-19 passed with all present voting aye.
CONSENT AGENDA APPROVED
Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Aubrey
seconded the motion, which passed with all present voting aye. The following items were approved:
Resolution approving a Blanket Purchase Order with Baker and Taylor, LLC in an amount
not to exceed $60,552 for Village Library books.
Resolution approving a Blanket Purchase Order with Bibliotheca, LLC in an amount not
to exceed $27,000 for Village Library access to electronic books and audiobooks.
Resolution approving a Blanket Purchase Order in the amount of $30,000 for the Leisure
Services Department with Ani Con Services, LLC for plumbing services.
Resolution approving a Proposal from March Management Systems, LLC for Pond Bank
Stabilization at the North Palm Beach Country Club Golf Course at a total cost of $50,000;
authorizing execution of a Contract; and waiving the Village’s purchasing policies and procedures.
Resolution appointing the Village’s Representative and Alternative Representative to the
Public Risk Management of Florida (“PRM”) Board of Directors.
RESOLUTION 2023-83 – JULY 4TH FIREWORKS DISPLAY CONTRACT
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
Resolution 2023-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL OF STARFIRE CORPORATION TO
PROVIDE THE JULY 4TH FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 6 of 8
RESOLUTION 2023-83 – JULY 4TH FIREWORKS DISPLAY CONTRACT continued
Director of Leisure Services Zak Sherman explained that a Request for Proposals was advertised
and only one (1) proposal was submitted from Starfire Corporation. Mr. Sherman stated that
Starfire Corporation has provided the Village’s July 4th fireworks display in past years. Mr.
Sherman gave an overview of the fireworks provided in the proposal and stated that the contract
was for three years and the cost was the same as last year.
Discussion ensued between Mr. Sherman and Councilmembers regarding the fireworks display
and the locations of fireworks displays at the Country Club, and the possibility of incorporating a
drone show for future July 4th events.
Thereafter the motion to adopt Resolution 2023-83 passed with all present voting aye.
RESOLUTION 2023-84 – AGREEMENT FOR CANAL DREDGING SERVICES
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt Resolution 2023-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF COSTON MARINE SERVICES, INC. FOR
CANAL DREDGING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT FOR SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Assistant Public Works Director Jamie Mount explained that the purpose of the resolution was to
enter into a contract with Coston Marine Services, Inc. to provide canal dredging services for the
existing canal located between Atlantic Road and Ebbtide Drive, and for disposal of the dredged
material. Mr. Mount explained why the dredging was necessary. Staff recommended moving
forward with Coston Marine Services, Inc. to provide the canal dredging at a total cost of $70,350
with a project contingency of $7,035.
Vice Mayor Bickel stated that the Waterways Board has expressed concern that canal dredging
could cause seawall damage.
Mr. Mount stated that the dredging would not affect any existing docks or seawalls.
Thereafter the motion to adopt Resolution 2023-84 passed with all present voting aye.
RESOLUTION 2023-85 – AMENDMENT TO FEE CONTRACT FOR LIEN FORECLOSURE
SERVICES
A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to
adopt Resolution 2023-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE EXISTING FEE CONTRACT
WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR LIEN
FORECLOSURE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AMENDMENT; AUTHORIZING THE FORECLOSURE OF EXISTING
LIENS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 7 of 8
RESOLUTION 2023-85 – AMENDMENT TO FEE CONTRACT FOR LIEN FORECLOSURE
SERVICES continued
Mr. Rubin explained that the Village was ready to foreclose on two properties with existing liens.
Staff reached out to the law firm that the Village contracted with since 2020 for foreclosure
services. The law firm indicated that their fee for foreclosure services would need to be increased
to $250 per hour in order to be consistent with the rate that they were charging other municipalities
for the same services. Mr. Rubin indicated that since reaching out to the law firm, one of the two
properties came in and paid their lien and therefore would not be foreclosed. The other property
was still on schedule to be submitted for foreclosure proceedings.
Discussion ensued between Mr. Rubin and Councilmembers regarding the property that paid off their lien.
Thereafter the motion to adopt Resolution 2023-85 passed with all present voting aye.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Mullinix announced that it was his son’s birthday and that his son was attending
the United States Marine Corp Candidate School and was named the platoon leader for his platoon.
Councilmember Mullinix stated that he and his wife were very proud of their son.
Councilmember Searcy thanked staff for another successful “Touch-a-Truck” event.
Vice Mayor Bickel asked if there were any boards and committees vacancies.
Mr. Huff stated that there were approximately four (4) boards and committees vacancies forthcoming.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff complemented staff for their work on the “Touch-a-Truck” event and stated that it was a
very successful event with many people in attendance.
Mr. Huff stated that Mrs. Gardner-Young had a request regarding an initiative that she was
working on with the Business Development Board.
Mrs. Gardner-Young stated that the Business Development Board would be sending out a survey
asking municipalities if the Village was willing to allow them to use the Village’s logo in a survey
that they were going to send out.
Council came to consensus to allow the Business Development Board to use the Village’s logo in
their survey.
Mr. Huff announced that as of October 1st, Samia Janjua would be the new Deputy Village Manager.
Council congratulated Mrs. Janjua on her promotion to Deputy Village Manager.
Draft Minutes of the Village Council Regular Session held September 28, 2023 Page 8 of 8
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:54 p.m.
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jessica Green, Village Clerk
DATE: October 12, 2023
SUBJECT: RESOLUTION – Designating authorized signers for Village vehicle transactions.
As part of the Village’s practices for the purchase, sale, or disposition of Village vehicles, it is customary
for the Village Manager or the Village Clerk to sign the necessary documentation to effectuate said
transactions.
In recent years, the Village has purchased and sold vehicles to vendors or customers located in a
different county or state. Because the practice of registering vehicles and transferring vehicle titles
differs from county to county and state to state, these agencies have questioned and/or sought
confirmation that the required documentation for vehicle transactions was executed by authorized
signers for the Village.
In accordance with Article IV, Section 5 of the Village Charter, the Village Manager is the only Village
employee authorized to execute contracts on behalf of the Village. Based on the foregoing, the Village
Manager possesses the legal authority to execute a Power of Attorney and/or other documentation to
facilitate the vehicle registration process. In accordance with Article IV, Section 10 of the Village
Charter, the Village Clerk is the custodian of the Village’s public records, which provides the legal
authority to execute a Certificate of Sale or transfer of Certificate of Title for Village -owned vehicles sold
to third parties.
In order to ease the facilitation of vehicle transactions between the Village and third parties, Village staff
recommends the adoption of the attached Resolution formally designating the Village Manager and the
Village Clerk as the authorized signers for documentation related to Village vehicle transactions.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village
Attorney.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
designating the Village Manager and the Village Clerk as the authorized signers for
documentation related to vehicle transactions for the Village.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING THE VILLAGE MANAGER AND
THE VILLAGE CLERK TO EXECUTE ALL DOCUMENTS REQUIRED TO
EFFECTUATE TRANSACTIONS INVOLVING VILLAGE VEHICLES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as part of its day-to-day operations, the Village routinely purchases vehicles for use by
the Village and sells surplus vehicles; and
WHEREAS, the Village Charter specifically authorizes the Village Manager to execute con tracts on
behalf of the Village and designates the Village Clerk as the custodian of the Village’s records; and
WHEREAS, because the procedures for registering vehicles and transferring titles varies from county
to county and state to state, the Village Council wishes to formally designate both the Village Manager
and the Village Clerk as authorized signatories for all documents required to effectuate such
transactions; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby designates both the Village Manager and the Village Clerk
as authorized signatories for all transactions related to the purchase and sale of Village vehicles and
specifically authorizes both the Village Manager and the Village Clerk to execute all documents
necessary to effectuate such transactions, including, but by no means limited to, certificates of sale,
applications for certificates of title, and powers of attorney.
Section 3. This Resolution shall take effect immediatel y upon its adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
HUMAN RESOURCES DEPARTMENT
TO:
THRU:
Honorable Mayor and Council
Chuck Huff, Village Manager
FROM: Jennifer Cain, Human Resources Director
DATE: October 12, 2023
SUBJECT: RESOLUTION – Amendment to the FY2023-2024 Comprehensive Pay Plan to change
the pay grade of the Building Official Position
Village Staff is recommending the Village Council consideration and adoption of the attached Resolution
amending the FY2023-2024 Comprehensive Pay Plan to change the pay grade assigned to the position
of Building Official.
Background:
The current pay range for the Building Official position is provided below:
Position Grade Annual (Min) Annual (Max)
Building Official 121 $82,943 $138,238
The Village has identified that this position will be difficult to fill primarily because of the current pay scale.
A recent survey with local municipalities shows that the Village is the one of the lower paying entities for
this position:
Building Inspector:
Entity Annual (Min) Annual (Max)
City of Lake Worth Beach $74,235.00 $95,607.00
City of Boynton Beach $77,254.94 $115,903.84
City of Stuart $78,546.00 $125,694.40
Village of Wellington $93,000.00 $163,000.00
City of West Palm Beach $99,890.00 $149,835.00
City of Greenacres $97,000.00 $160,000.00
City of Palm Beach Gardens $100,688.96 $161,061.59
In recognition of the duties/functions of this position and to remain competitive, Village Staff is proposing
to increase the pay grade as shown in the table below and to allow the Village Manager some flexibility
in negotiating the starting salary if necessary:
Position Grade Annual (Min) Annual (Max)
Building Official 122 $88,115 $146,858
The Comprehensive Pay Plan is included within the overall Village Budget for Fiscal Year 2024, as
approved by the Village Council through the adoption of Ordinance No. 2023-15. Section 5 of Ordinance
No. 2023-15 specifically authorizes the Village Council to revise the Comprehensive Pay Plan by
Resolution during the Fiscal Year without need to amend the Ordinance.
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency.
Recommendation:
Village Staff Requests Council consideration and approval of the attached Resolution amending
the Fiscal Year 2024 Comprehensive Pay Plan by changing the pay grade for the Building Official
position to pay grade 122 in accordance with Village policies and procedures.
Position:
Current Grade:121
Current Range:$82,943 - $138,238
Incumbent(s) Department Hire Date Salary(ies)
Wayne Cameron Community Development 04/27/2020 $117,194.48
Survey Data:Building Official Column1 Column2
City of Boynton Beach Building Official $77,254.94 $115,903.84
City of Greenacres Building Official $97,000.00 $160,000.00
City of Palm Beach Gardens Building Official $100,688.96 $161,061.59
City of West Palm Beach Building Official $99,890.00 $149,835.00
City of Stuart Building Official $78,546.00 $125,694.40
Village of Wellington Building Official $93,000.00 $163,000.00
City of Lake Worth Beach Building Official $74,235.00 $95,607.00
Average Pay Grade Calculation $88,659.27 $138,728.83
75th Percentile $99,890.00 $161,061.59
Current Pay Grade: 121 $82,943 - $138,238
Pay Grade Options Based on Average:
Pay Grade: 122 $88,115 - $146,858
Building Official
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN
ADOPTED AS PART OF THE FISCAL YEAR 2024 BUDGET TO REVISE THE
PAY GRADE FOR THE POSITION OF BUILDING OFFICIAL; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2023-15 (“Budget Ordinance”) on September
28, 2023, the Village Council adopted a Comprehensive Pay Plan as part of the annual budget for
Fiscal Year 2024; and
WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the
Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and
WHEREAS, at the recommendation of Village Staff, the Village Council wishes to increase the pay
grade for the position of Building Official 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 ratified as true and incorporated herein.
Section 2. The Village Council hereby amends the Comprehensive Pay Plan for Fiscal Year 2024
as follows:
Position: Building Official – Change from Pay Grade 121 ($82,943 to $138,238
annually) to Pay Grade 122 ($88,115 to $146,858 annually).
Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically
modified herein, shall remain in full force and effect.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
RESIDENTIAL AD-HOC COMMITTEE
REGULAR MEETING MINUTES
MONDAY JULY 25, 2022
Present: Bill Whiteford, Chair
Robert Silvani
Shawn Woods
Cory Cross
Amanda McNally
Stephen St. John
Absent: Jake Furlott
Lisa Jensen
Lisa Interlandi
Staff: Alex Ahrenholz, Acting Community Development Director
Len Rubin, Village Attorney
I. CALL TO ORDER
Chair, Bill Whiteford, called the meeting to order at 6:32 pm.
II. ROLL CALL
All Ad Hoc Committee members were present except Jake Furlott, Lisa Interlandi, and Lisa
Jensen.
III. DISCUSSION
Staff presentation was given by Alex Ahrenholz to provide updates to the second
story massing regulations per previous meetings discussing the topic. Additional examples
were provided for constructed homes and regulations from other municipalities. An
example home meeting the adopted zoning-in-progress was shown to discuss the issue of
areas open to below within the definition of the 75% floor area of the second floor.
Draft regulations were presented keeping the 75% of the second floor and adding
an additional five-foot setback based on previous discussions from the committee. The
regulations were proposed as two options, but the committee believed both should be
required to limit the bulk and mass. The committee confirmed that the language would
include a few different scenarios of construction methods and clarified the words used in
the proposed regulations. A change to the measurement of the second-floor area was
presented which includes all areas within the exterior walls. The new wording covers all
areas open to below and the committee provided some tweaks to the wording of the
regulation to make it clearer.
The Committee also confirmed the applicability of the building wall articulation
and what building elements would constitute a building inset. Some of the members wanted
to make sure an open balcony with railing would not need to meet the second floor setback
because it is not considered part of the wall. Staff clarified that the definition provided in
the section, they would be exempt.
AD HOC COMMITTEE MEETING MINUTES- JULY 25, 2022
The discussion moved to the issue of the hundreds of existing homes that would
not be able to meet the proposed regulations. Staff agreed to draft some regulations for the
committee to review which included an update to the existing non-conformities section.
The committee also discussed creating different regulations for smaller lots on a
sliding scale because the additional 5-foot setback reduces the percentage of development
area much more than a large lot. Members argued where best to place that number and what
the small lot regulation would look like. They generally agreed that it is simpler to provide
a consistent regulation across the entire district for all homes. A delineation might need to
be created in the future, but would need to be a much more thorough analysis.
IV. PUBLIC COMMENT
Deborah Cross, 2560 Pepperwood Circle South, expressed support for the regulations but
wanted clarification on the non-conformities. She also requested the addition of an angle
of vision provision.
V. ADMINISTRATIVE MATTERS
a. Scheduling next meeting
Committee agreed to coordinate the next meeting time through email.
b. Staff Updates
c. Committee member comments
Meeting adjourned at 7:39 pm
Minutes typed by Alex Ahrenholz
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
RESIDENTIAL AD-HOC COMMITTEE
REGULAR MEETING MINUTES
TUESDAY AUGUST 23, 2022
Present: Bill Whiteford, Chair
Lisa Interlandi
Cory Cross
Stephen St. John
Amanda McNally
Shawn Woods
Robert Silvani
Absent: Lisa Jensen
Jake Furlott
Staff: Alex Ahrenholz, Acting Community Development Director
Len Rubin, Village Attorney
Council Members: Mark Mullinix
Deborah Searcy
I. CALL TO ORDER
Chairman Whiteford called the meeting to order at 6:32 PM.
II. ROLL CALL
All members of the Residential Ad-Hoc Committee (“Committee”) were present.
III. DISCUSSION
a. Second Story Massing
Presentation given by Alex Ahrenholz to finalize the wording of the second story massing
regulations. Example homes, submitted under the ZIP, were presented for reference. The
regulations effect on the different size lots was shown for specifics differences in potential
development.
The proposed language was presented reflecting previous recommendations from the
Committee. Additional 5 foot setback is proposed on all sides of the second floors. Wall
articulation is required for large blank walls and the 75% requirement was maintained. A new
non-conformities section was provided to address existing homes.
Discussion included identifying different scenarios and clarification of regulations.
Vote was taken by the Committee to approve the regulations as proposed by staff- 7-0
RESIDENTIAL AD HOC COMMITTEE MEETING MINUTES- AUGUST 23, 2022
b. Accessory Structures
Presentation was given by Alex Ahrenholz showing the current regulations and issues that have
arisen for some residents to provide for storage. Regulations in other local municipalities were
considered for additional options. Targeted questions were asked of the Committee to
considered including establishing a minimum and maximum size, maximum height, materials
and permit regulations needed.
The Committee discussed the potential additional items that may be included in the regulations
such as play structures and storage chests. They generally agreed that some items do not need
regulation. Discussion included members sharing existing items in most properties in the
Village. Accessory dwelling units could become an issue.
The disagreement ensured over overall height, but the Committee generally agreed that a
height around 6-8 feet could be acceptable if doing a small shed. Discussion generally moved
to the support for two different types of structures: a smaller one that is prefabricated and does
not need a permit and anything larger would need a permit and be architecturally consistent
with the principal structure. There was disagreement between where to establish the threshold
between the two and the Committee requested additional examples for the next meeting.
c. Artificial Turf
Alex Ahrenholz gave a brief presentation about the current issues and installations around the
Village. Staff proposed regulations for the Committee to consider.
Discussion included the request to receive additional examples, drainage specifications, and
existing regulations from other municipalities. They also wanted to consider the allowance in
the minimum landscape areas and if the regulations will treat putting greens the same.
IV. ADMINISTRATIVE MATTERS
a. Staff asked whether the Committee would like to discuss tree requirements and/or accessory
dwelling units at a future meeting.
b. The Committee decided to have the next meeting on September 27, 2022 at 6pm.
c. Jake Furlott officially resigned.
V. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 8:59 PM.
Minutes typed by Alex Ahrenholz
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
BUSINESS ADVISORY BOARD
MEETING MINUTES
TUESDAY, JULY 18, 2023
1. CALL TO ORDER
David Talley called the meeting to order at 5:33 P.M.
2. ROLL CALL
Present: Nina Balgar, Veronica Frehm, Marshall Gillespie, Ronald Lantz, David Talley
Absent: Adam Jones, Nathan Kennedy
Staff: Caryn Gardner-Young, Community Development Director,
Kacy Morrone, Executive Assistant
Council Representative: Mark Mullinix
3. APPROVAL OF MINUTES
Motion to approve minutes from May 16, 2023 by David Talley. Second by Veronica
Frehm. Motion passed unanimously 5-0.
Motion to approve minutes from June 20, 2023 meeting by David Talley. Second by
Ronald Lantz. Motion passed unanimously 5-0.
4. PUBLIC COMMENTS
None
5. NEW BUSINESS
Caryn Gardner-Young provided a memo with a list of discussion topics, future
projects, and potential events/programs for the Board to consider.
6. OLD BUSINESS
David Talley asked for an update on Peroya Restaurant discussed at last meeting.
Caryn Gardner-Young indicated that she had held a meeting with the restaurant
owner to go over the timeline of her business and the Village’s involvement. They
also went over any of her questions and what she would like for her business in the
future.
2
7. MEMBER COMMENTS
The Board and Mr. Mullinix expressed appreciation and excitement over proposed
ideas and projects for the Board, as well as the direct communication and
involvement with Community Development Department.
The Board indicated some confusion over the new board member attendance policy,
specifically on whether Adam was still a member of the board.
8. STAFF COMMENTS
Caryn Gardner-Young provided the Board a copy of the current sign code for review
and comment at the next meeting.
Caryn Gardner-Young asked for feedback and ideas on future projects of interest by
the Board.
Caryn Gardner-Young indicated meetings would be cancelled going forward if it was
determined ahead of time that a quorum would not be present.
9. ADJOURNMENT
Motion to adjourn by Marshall Gillespie. Second by Ronald Lantz.
Meeting adjourned at 6:24 P.M.
Minutes typed by Kacy Morrone
VILLAGE OF NORTH PALM BEACH
WATERWAYS ADVISORY BOARD DRAFT MEETING MINUTES
July 25, 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
Bruce Crawford, Member present
Absent:
Ed Preti, Member
Paul Bartlett, Member
George Alger, Member
III. VILLAGE GUESTS :
Hon. Mark Mullinax, Council Member
Chuck Huff, Village Manager
Zak Sherman, Director of Leisure Services
IV. APPROVAL OF MINUTES: from May 23, 2023 Approved 4-0
V. PUBLIC COMMENTS
None
VI. NEW BUSINESS –
Waterfront lots in corners (access and rights):
Multiple comments. Board agreed with Mr. Huff that dock permits would continue
to be issued according to code. Mr. Huff indicated that impacted property owners /
neighbors in dispute were to receive a letter already prepared by Village counsel
encouraging cooperation. Perceived encroachment to be resolved by said parties in-
dependent of Village
Regarding the placement of ramp stickers: Board was in agreement that ramp
stickers should be affixed to trailers rather than to vehicles
Anchorage Park Dock fees:
Zak Sherman, Director of Leisure Services – presented interim calculations regard-
ing operating expenses for the marina. Board members indicated these calculations
did not include cap cost estimates. The Board advised through resolution to sup-
port the staff proposed 2% increase in dock fees for the South docks and 4% in-
crease in the North docks to help offset cap cost requirements in future
VII. OLD BUSINESS –
Vessel Size limitation discussion:
It was determined that current regulations on size of vessels is largely governed by
current code including limits on property line and extension into waterways/canals
and that further limitation could be considered if Council requested input beyond
previous guidelines suggested by WAB
VIII. MEMBER COMMENTS
None
IX. STAFF COMMENTS
None
X. ADJOURNMENT 6:25 PM
Respectfully submitted,
Mark Michels
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY AUGUST 1, 2023
Members Present: Donald Solodar, Chair
Cory Cross, Vice Chair
Thomas Hogarth
Jonathan Haigh
Kathryn DeWitt
Scott Hicks
Nathan Kennedy
Village Staff: Len Rubin, Village Attorney
Caryn Gardner-Young, Community Development Director
Charles Huff, Village Manager
Susan Bickel, Councilmember
I. CALL TO ORDER
Chairman Solodar called the meeting to order at 6:31 PM.
A. ROLL CALL
Jonathan Haigh joined the meeting at 6:39 PM at which time all members of the Planning Commission
were present.
II. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA
There were no modifications to the agenda.
II. PUBLIC COMMENT FOR NON-AGENDA ITEMS
There were no public comments.
III. APPROVAL OF MINUTES
Chairman Solodar stated that a correction needed to be made to the July 11, 2023 minutes to reflect that the
1200/1208 Marine Way petition was presented by the vendor’s representative, not the applicant’s representative.
The July 11, 2023 minutes were approved as amended - Motion to approve minutes by Kathryn DeWitt, seconded
by Thomas Hogarth. Motion passed unanimously 6-0.
IV. DECLARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
V. QUASI-JUDICIAL MATTERS / PUBLIC HEARING
Minutes of Village Planning Commission Regular Meeting held on August 1, 2023
2
Attorney Len Rubin swore in all persons speaking.
A. SITE PLAN AND APPEARANCE REVIEW
1. 109 Paradise Harbour Blvd (Schooner Bay) – Exterior Building Modifications
The property owner submitted an application to change the exterior color schemes for the
buildings. The applicant’s representative, Paul Damigos, 144 Anchorage Drive South, presented his
request for the color change.
Caryn Gardner-Young presented information on the project and recommendations. Village staff
confirmed that the request is consistent with the Village’s Appearance Plan and meets the Village’s code
requirements.
There were no public comments.
Motion: Nathan Kennedy moved to approve the application according to the staff report conditions of
approval. Seconded by Scott Hicks. Motion passed unanimously (6-0).
2. 129 Lehane Terrace, 132 Wettaw Lane, and 118 Castlewood Drive (Castlewood Town Villas) –
Exterior Building Modifications
The property owner submitted an application to change the exterior color schemes for the
buildings. The applicant’s representative, Melinda Dzenuns, 129 Lehane Terrace, Unit 132, presented her
request for the color change.
Caryn Gardner-Young presented information on the project and recommendations. Village staff
confirmed that the request is consistent with the Village’s Appearance Plan and meets the Village’s code
requirements.
There were no public comments.
Motion: Thomas Hogarth moved to approve the application according to the staff report conditions of
approval. Seconded by Cory Cross. Motion passed unanimously (7-0).
VI. ATTORNEY PRESENTATION
Attorney Len Rubin stated that he will provide a PowerPoint presentation on Commission duties and
responsibilities at the September meeting.
VI. COMMISSION MEMBER COMMENTS
Thomas Hogarth noted that Bellagio Dental still has their temporary grand opening signage posted. Caryn
Gardner-Young stated that she will research and provide a report at the September meeting.
Minutes of Village Planning Commission Regular Meeting held on August 1, 2023
3
VII. STAFF UPDATES
• Caryn Gardner-Young stated that La Bamba restaurant plans to submit an application for modifications
to exterior paint color and sign change.
• Due to the Labor Day holiday, Village staff recommended moving the September 5 meeting to
September 12. The reschedule date was confirmed by the Planning Commission.
• Due to Election Day, Village staff recommended moving the November 7 meeting to November
14. The reschedule date was confirmed by the Planning Commission.
VIII. ADJOURNMENT
With there being no further business to come before the Commission, the meeting adjourned at 6:52 PM.
Minutes typed by Barbara Bruckner
Village of North Palm Beach
Recreation Advisory Board Meeting
MINUTES
August 8, 2023 at 7:00 pm
Anchorage Park
1) Call to Order: Chair Budnyk
2) Roll Call: Rita Budnyk, Leigh Arwood, Christi Chane, Ashley Knieriemen, Stephen
Heiman, Jennifer Gold Dumas, Zak Sherman, and Mia St. John. Council
Representative not present. Volunteer Belinda Morrell present.
2) Approval of Minutes: Meeting called to order by Rita at 7:00 p.m. Jennifer Dumas
makes the motion to approve minutes from July; Mia St. John seconds.
3) Public Comments: No public comment.
4) Director’s Report: The director expressed gratitude for the participation in the
fishing tournament, which was successful despite the heat. The results of the
tournament were shared, with winners in different categories for both adults and
juniors. The expenses for the event are nearly balanced, and efforts are ongoing to
gather and post event photos on social media.
Updates were given on ongoing projects. The playground improvement work is
progressing, with adjustments being made to the swing set and the addition of new
turf. The director mentioned future plans for the playground, including the installation
of a Village logo embedded in the turf. Additionally, plans to add another shade over
the swings are being considered.
Updates on facility maintenance were provided. The director highlighted the
refurbishment of Osborne concession stand and the installation of new recycling bin
lids at Anchorage and four (4) Little Libraries near each of the playgrounds. Lightning
signs have been installed, except for the Community Center due to pending fence
installation. The boat launch sticker transition to the trailer tongue was discussed, with
council approval pending on August 10.
Updates on upcoming projects were shared, including the Seacoast construction
project at Anchorage, master planning presentations from different companies on
August 10, and the ongoing resurfacing of the gym floor. The possibility of drone
fireworks shows was discussed, with the director presenting cost considerations and
acknowledging community preferences for traditional fireworks.
5) New Business: During the meeting, the Board addressed several items under new
business. First, the upcoming flag football season was discussed. Registration was
extended to accommodate scheduling adjustments necessitated by ongoing field work.
The Board discussed practice locations and game plans, and a comprehensive Year-at-
a-glance sports flyer. The flag football season is scheduled to begin on October 7.
Games will take place on Saturdays. The season will consist of 7 weeks instead of the
initially planned 8 weeks. Efforts are being made to find coaches for both flag football
and soccer.
Moving on, the discussion shifted to FRDAP grant applications for park
improvements. A proposal was presented for the refurbishment of Veterans Park,
highlighting plans for trellises, landscaping enhancements, and strategic placement of
garbage cans. Additionally, a proposal was presented concerning the installation of
new basketball court lights at Osborne Park. The Board showed strong support for
both of these proposals.
6) Old Business: The Board reviewed and finalized changes to boat and trailer-related
policies. Discussion centered on the revised policy for boat, trailer, and RV sales
during the renewal period (or anytime during the lease year), including the
requirement for proof of active engagement in purchasing a replacement. The
consensus was reached on these policy updates.
Tornado Update: provided an update on the tornado recovery efforts. Haverland is still
working on the field, and the target date for the field to be ready is September 18. The
first game is scheduled for October 7 to allow for some flexibility. The director
explained that preparations include soil and sod replacement, irrigation improvements,
and the connection of seacoast water for irrigation. The playground shade, athletic
field fence, retention area fences, and dugout concrete pads are all being redone.
Repainting of the pavilion and lighting installation are in progress. Roof repairs are
being addressed. Soccer goals have been delivered. Walking trail will be addressed as
well.
Pickleball courts (added by the director at the meeting): The meeting addressed the
interest in incorporating pickleball courts into the community's recreational facilities.
Discussions revolved around potential locations, namely the Community Center and
Osborne Park. The need for official pickleball courts to accommodate the sport's
surging popularity was highlighted. The director outlined plans to submit a land and
water grant application in FY24 for the Community Center. This grant would
encompass renovations to the Community Center’s parking lot and basketball courts
(it needs resurfacing), with the possibility of adding four pickleball courts. Differing
viewpoints emerged concerning the ideal pickleball court location. Several members
did not want to eliminate any basketball courts. Some members advocated for
Osborne Park, while others favored the Community Center. Concerns were voiced
about potential parking challenges and the necessity for thorough planning. The notion
of converted the parking lot adjacent the basketball court at the Community Center to
pickleball courts was discussed. Some Board members suggested deferring the final
decision on pickleball court location until the master planning process concluded. The
prospect of applying for the land and water grant in January was underscored as a
progressive step forward.
7) Member Comments: None.
8) Staff Comments: None.
9) Adjournment: Meeting adjourns at 7:48 p.m. Stephen Heiman makes motion;
Ashley Knieriemen seconds.
1
VILLAGE OF NORTH PALM BEACH
BUSINESS ADVISORY BOARD
MEETING MINUTES
TUESDAY, AUGUST 15, 2023
1. CALL TO ORDER
David Talley called the meeting to order at 5:33 P.M.
2. ROLL CALL
Present: Nina Balgar, Veronica Frehm, Marshall Gillespie, Ronald Lantz, David Talley,
Adam Jones, Nathan Kennedy
Staff: Caryn Gardner-Young, Community Development Director; Barbara Bruckner,
Executive Assistant; Councilmember, Darryl Aubrey
3. APPROVAL OF MINUTES
• Motion to approve minutes from July 18, 2023 by Veronica Frehm. Second by
Nathan Kennedy. Motion passed unanimously 7-0.
4. PUBLIC COMMENTS
• None.
5. NEW BUSINESS
• Business Liaison Program - Caryn explained how the program would work guiding
each new business or new development applicant through the process of becoming a
North Palm Beach business. She would be the point of contact person for now and
then it would be the Principal Planner once that position has been filled. The Board
agreed that the program would be a good idea.
• Business of the Month – Caryn explained that each month a business would be
selected to be highlighted in the weekly eNews, monthly newsletter, social media,
and on the Village website. Council could present them with a “Certificate of
Excellence”. They could also receive a decal to display on their front window. If the
business is a member of the Palm Beach North Chamber of Commerce, they could be
highlighted on their website. The Board liked the idea and agreed that they should
submit nominations to Caryn. Caryn will provide them with a nomination form for
discussion at the next meeting. In addition to Business of the Month, the Board
would like to highlight new businesses.
2
6. OLD BUSINESS
• Possible Board Topics/Actions – Caryn provided a memo with a list of discussion
topics, future projects, and potential events/programs for the Board to consider. The
Board expressed interest in the following for discussion at future meetings:
1. Ribbon Cutting Ceremonies
2. Taste of North Palm Beach (limited to select businesses?)
3. Biannual State of the Community Development Department
4. Biannual Business Community Workshop (begin in January 2024)
5. Library of Resources tied to the Business Directory
6. Business Expo
7. Farmer’s Market (coordination and staffing could be an issue?)
8. Quarterly meetings – Council requires monthly meetings
9. Code Changes:
a) A “Certificate of Use” will replace the Business Tax Receipt - the
approval/denial process will include a review of their business to
ensure they are in the correct zoning district and in the appropriate
building for their specific needs. Caryn would like to implement
October 1, 2024.
b) Sign Code – will address temporary signs (for lease, grand
opening, banners)
c) Outdoor Seating – Caryn would like to eliminate the need for
Planning Commission approval and go straight to the permitting
process. Caryn will send the revised language to the Board for
discussion at a future meeting.
• Business Survey - She would like to publicize the last week of August or the first
week of September and be open for three (3) weeks. The Board agreed that the data
would provide good information. The Board requested a total number of current
BTRs. Caryn will provide a list for the next meeting.
7. MEMBER COMMENTS
• None.
8. STAFF COMMENTS
• The next meeting will be on September 19, 2023.
9. ADJOURNMENT
• Motion to adjourn by Nathan Kennedy. Second by Adam Jones.
Meeting adjourned at 6:20 P.M.
Minutes typed by Barbara Bruckner
VILLAGE OF NORTH PALM BEACH
LIBRARY ADVISORY BOARD MEETING MINUTES
DATE: August 22nd, 2023
CALL TO ORDER
Chair Bonnie Jenkins called the meeting to order at 7:00 pm.
ROLL CALL
Julie Morrell, Library Manager
Bonnie Jenkins, Chair
Phyllis Wissner, Member
Leslie Metz, Member
Carolyn Kost, Member
Kate DeWitt, member of the public
Francesca Wernisch, member of the public
Deborah Searcy, Village Council Member
Tina Chippas, Member
Brad Avakian, Secretary
Christine DelGuzzi, Vice Chair
APPROVAL OF MINUTES
Vice Chair DelGuzzi moved to accept the Minutes for July 25th, 2023, with minor
correction (titling issue – correction of the heading over Old Business), motion
seconded by Member Wissner. Motion passed unanimously.
MANAGER’S REPORT
Library Manager Julie Morrell reported the following:
• Facilities: Carpet to be cleaned, old/worn armchairs replaced, new Free Little
Libraries that have been installed at some Village parks, TCS students
painted/decorated them. Manager Morrell expects between 2000 to 4000 books
to be donated from the county as a result from a grant, some of which can be
used for new Little Libraries.
• Children’s Programming: Four story times per week. Junior League starting up
again and wants to offer free hearing/vision testing also. The Conservatory School
(“TCS”) will begin visits mid-September. Weekly Arts & Crafts ongoing. Art
Appreciation once a month. Library Table will be at outreach events such as
Touch-A-Truck, Heritage Day, Chili Cook-Off. 916 lunches and 968 snacks given
out through June and July through summer free lunch program. Over 200
children signed up for summer reading and Library put on 91 programs; 2,739
attended these programs (80% increase from last year).
• Teen Programming: Teen volunteers totaled for 511 volunteer hours this summer,
now back to normal after school volunteer schedule.
• Adult Programming: Knit and Crochet still meet every Monday, average 12
attendees. Adult Silent Film Series provides popcorn and lemonade or tea, 8
attendees at last screening. Book Club held August 3rd – What the Wind Knows
by Amy Harmon (16 attendees). Bingo had 17 attend and Amerilife wants to
continue to sponsor.
• Friends of the Library: Meetings will resume in the Fall.
• Statistics: Circulation is up from last year, but increase expected once school
visits start up again.
NEW BUSINESS
Public Comment on the Agenda: Chair Jenkins suggested that Public Comment be
moved down the agenda, members discussed. Vice Chair DelGuzzi made a motion to
move Public Comment down the agenda to where Member Comments and Staff
Comments, Member Wissner seconded and the motion passed unanimously.
Read for the Record: Council Member Searcy inquired about the Library’s plans for
participation in Read for the Record this year. Manager Morrell reported that the Library
decided to buy copies of the book on their own because last year it took too long for
delivery. Discussion of Village having won small municipality two years ago and wanting
to regain title this year.
Author Talks: Council Member Searcy inquired about upcoming author talks. Library
Manager Morrell stated that the Library lost money on previous events. Discussion of
the goals of author talks, generating revenue versus adding value and providing
experiences to Village residents. Discussion of cost and parking at Country Club.
OLD BUSINESS
Library Displays Policy Second Draft: Changes to draft introduced by Manager Morrell.
Draft of Display Policy analyzed and discussed by members. Mrs. DeWitt raised concern
about different content in teen room and children’s section. Discussion by Council
Member Searcy, public, and LAB members regarding separate spaces for teens and
younger children and requirement that children under 13 must be accompanied by
parent. Member Kost moved to approve with language added from prior draft, Member
Wissner seconded the motion and it passed unanimously.
Facilities Assessment: Council Member Searcy raised the current Village audit of all
facilities and that assessment of Library facilities (including AC and roof) is on the
horizon.
MEMBER COMMENTS
None.
PUBLIC COMMENTS
None.
STAFF COMMENTS
None.
ADJOURNMENT
Meeting adjourned at 7:33 pm.
Respectfully submitted by Brad Avakian.
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: October 12, 2023
SUBJECT: ORDINANCE 2nd Reading - Amending the R-1 Zoning Regulations to Repeal
Portions of Ordinance No. 2022-18 (Massing of Two-Story Single-Family
Dwellings) due to State Preemption and Providing a Guidance Statement
Background:
Through the adoption of Ordinance No. 2022-18 on October 27, 2022, the Village Council implemented
the recommendations of the Ad Hoc Committee and the Planning Commission and adopted new
regulations to the address the volume and massing of two-story single-family dwellings in the R-1 single-
family zoning district. These regulations are summarized as follows:
Increasing the second-story front yard setback to 30 feet;
Increasing the second-story rear yard setback to 25 feet;
Increasing the second-story side yard setback to 15 feet;
Requiring building wall articulation on all walls with an unbroken plane in excess of 15 feet in
height and 30 feet in length in the form of a wall perpendicular to the property line at a minimum
distance of 2 feet and extending parallel to the property line a minimum of 10 feet; and
Limiting the floor area of the second-story to 75% of the floor area of the first story.
Through the enactment of Section 14 of Chapter 2023-304, Florida Statutes (Senate Bill 250), the Florida
Legislature prohibited the Village from proposing more restrictive or burdensome amendments to its land
development regulations retroactive to September 28, 2022. That legislation declared any such
amendments void ab initio (of no force and effect as of the date of adoption).
Discussion:
After approval by the Governor, Staff brought the impact of Senate Bill 250 to the attention of the Council.
The Council discussed the issue and recognized the preemption of the provisions listed above. However,
in conjunction with the repeal of the preempted provisions, the Village Council directed Staff to include a
guidance statement encouraging property owners to use the former regulations as guidelines when
constructing or substantially altering two-story single-family dwellings. The Village Council further
indicated that it wished to readopt the regulations upon expiration of the preemption provision of Senate
Bill 250 on October 1, 2024. Both the guidance statement and the Council’s intention to readopt the
preempted provisions are codified in Section 45-27(E) of the attached Ordinance.
At its September 12, 2023 meeting, the Planning Commission conducted a public hearing on the
proposed Ordinance and unanimously recommended approval.
There is no fiscal impact.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
At its September 28, 2023 regular meeting, the Village Council adopted the Ordinance on first reading
without modification.
Recommendation:
Staff requests Village Council adoption on second and final reading of the attached Ordinance amending
the Village’s Zoning Code to repeal the provisions relating to the volume and massing of two-story single-
family dwellings preempted by Senate Bill 250, providing a guidance statement encouraging the use of
the now repealed regulations when constructing or substantially altering single-family dwellings; and
indicating the Council’s intent to readopt the regulations upon the expiration of the preemption provision
of Senate Bill 250.
Page 1 of 9
ORDINANCE NO. 2023-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), 4
“ZONING,” OF THE VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE 5
STATE PREEMPTION OF PORTIONS OF ORDINANCE NO. 2022-18; 6
AMENDING ARTICLE III, “DISTRICT REGULATIONS,” BY AMENDING 7
SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REMOVE 8
REGULATIONS RELATING TO THE VOLUME AND MASSING OF TWO-9
STORY SINGLE-FAMILY DWELLINGS AND TO ADD A GUIDANCE 10
STATEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR 11
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN 12
EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13
14
WHEREAS, through the adoption of Ordinance No. 2022-18 on October 27, 2022, the Village 15
Council implemented the recommendations of the Ad Hoc Committee and adopted new regulations 16
to address the volume and massing of two-story single-family dwellings, including additional second-17
story setbacks, building wall articulation requirements, and a limitation on the floor area of the second 18
story; and 19
20
WHEREAS, through the enactment of Section 14 of Chapter 2023-304, Laws of Florida (Senate Bill 21
250), the Florida Legislature prohibited the Village from proposing or adopting more restrictive or 22
burdensome amendments to its land development regulations retroactive to September 28, 2022 and 23
declared any such amendments void ab initio; and 24
25
WHEREAS, the Village Council wishes to recognize the preemption of the regulations set forth in 26
Ordinance No. 2022-18 and provide a guidance statement encouraging voluntary compliance with 27
such regulations; and 28
29
WHEREAS, on September 12, 2023, the Planning Commission, sitting as the Local Planning Agency, 30
conducted a public hearing to review this Ordinance and provided a recommendation to the Village 31
Council; and 32
33
WHEREAS, having considered the recommendation of the Planning Commission and conducted all 34
required advertised public hearings, the Village Council determines that the adoption of this 35
Ordinance is in the interests of the health, safety, and welfare of the residents of the Village of North 36
Palm Beach. 37
38
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 39
NORTH PALM BEACH, FLORIDA as follows: 40
41
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 42
43
Section 2. The Village Council hereby amends Article III, “District Regulations,” of Appendix 44
C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-27, “R-1 45
Single-Family District,” to read as follows (additional language is underlined and deleted language is 46
stricken through): 47
48
49
Page 2 of 9
Sec. 45-27. R-1 single-family dwelling district. 1
2
A. Uses permitted. Within any R-1 single-family dwelling district no 3
building, structure, land or water shall be used except for one (1) or 4
more of the following uses: 5
6
1. Single-family dwellings with accessory buildings customarily 7
incident thereto, subject to each of the requirements set forth in 8
this section and throughout this chapter. 9
10
2. Public schools. 11
12
3. Parks and recreation facilities owned or leased by or operated 13
under the supervision of the Village of North Palm Beach. 14
15
4. Detached fence storage areas. 16
17
5. Satellite dish antenna. 18
19
6. Community residential homes. Community residential homes 20
of six (6) or fewer residents which otherwise meet the definition 21
of a community residential home, provided that such homes 22
shall not be located within a radius of one thousand (1,000) feet 23
of another existing such home with six (6) or fewer residents. 24
25
7. Family day care home. 26
27
8. Lamp post. 28
29
9. Decorative post structure. 30
31
B. Building height regulations. All single-family dwellings shall be 32
limited to two (2) stories and thirty feet (30’) in height. For the purposes 33
of this subsection, height shall be measured from the average elevation 34
of the existing grade prior to land alteration for properties outside of 35
special flood hazard areas and from the required design flood elevation 36
for properties within special flood hazard areas. Height shall be 37
measured to the highest point of the following: 38
39
1. the coping of a flat roof and the deck lines on a mansard roof; 40
41
2. the average height level between the eaves and roof ridges or 42
peak for gable, hip or gambrel roofs; or 43
44
3. the average height between high and low points for a shed roof. 45
46
Decorative architectural elements, chimneys, mechanical equipment, 47
non-habitable cupolas, elevator shafts or similar appurtenances shall be 48
Page 3 of 9
excluded from the foregoing height restrictions. Rooftops shall not be 1
used for pools, decks, or other spaces to congregate. 2
3
C. Building site area regulations. The minimum lot or building site area 4
for each single-family dwelling shall be seven thousand five hundred 5
(7,500) square feet and have a width of not less than seventy-five (75) 6
feet, measured at the building line. 7
8
D. Yard space regulations. 9
10
1. Front yard. There shall be a front yard of not less than twenty-11
five (25) feet for the first story and thirty (30) feet for the second 12
story measured from the street line to the front building line. 13
14
2. Rear yard. There shall be a rear yard of not less than twenty 15
(20) feet for the first story and twenty-five (25) feet for the 16
second story measured from the rear building line to the rear lot 17
line. 18
19
3. Side yards. There shall be a side yard on each side of the side 20
building line of not less than ten (10) feet for the first story and 21
fifteen (15) feet for the second story. In the case of corner lots, 22
no building and no addition to any building shall be erected or 23
placed nearer than twenty (20) feet to the side street line of any 24
such lot. 25
26
(a) For a distance of one block on streets intersecting U.S. 27
#1, measured from the right-of-way line of said U.S. #1, 28
side yards of at least twenty-five (25) feet in depth shall 29
be provided. 30
31
4. Applicability of second story setback. The second story setback 32
shall apply only to the roofed portion of the second story of a 33
two-story, single-family dwelling and shall not apply to non-34
roofed second story patios or balconies. The second story 35
setback for the rear yard shall not apply if any portion of the 36
rear lot line abuts a waterway. 37
38
E. Building wall articulation. Building wall articulation shall be provided 39
on all walls with an unbroken plane in excess of fifteen (15) feet in 40
height and thirty (30) feet in length. Window and door openings shall 41
not be considered a plane break. The articulation shall be in the form 42
of a wall perpendicular to the property line at a minimum distance of 43
two (2) feet and extending parallel to the property line a minimum of 44
ten (10) feet. The articulation must extend evenly over the entire height 45
of the building wall (See Figure 1 below). 46
47
Page 4 of 9
Figure 1 Building Wall Articulation 1
2
F. Second-story floor area. The floor area of the second story of a single-3
family dwelling shall not exceed seventy-five percent (75%) of the 4
floor area of the first story. For the purpose of this subsection, floor 5
area shall include all areas lying within the building perimeter 6
established by the interior side of the exterior walls of the building, 7
including garages, covered patios, and other open-air exterior areas that 8
are under roof. The floor area for the second story shall include areas 9
open to below. 10
11
E. Guidance on volume and massing of single-family dwellings. Due to 12
the legislature’s enactment of Chapter 2023-304, Laws of Florida 13
(Senate Bill No. 250), the village was required to repeal recently 14
adopted regulations relating to the volume and massing of single-15
family dwellings. However, to preserve the character of the village’s 16
existing single-family neighborhoods, the village encourages the use of 17
the following guidelines when constructing or substantially altering 18
single-family dwellings: 19
20
1. Second-story setbacks should be five (5) feet greater than the 21
required first-story setbacks. These enhanced setbacks should 22
apply to the roofed portion of the second story of a two-story, 23
single-family dwelling. 24
25
2. Building wall articulation should be provided on all walls with 26
an unbroken plan in excess of fifteen (15) feet in height and 27
thirty (30) feet in length. The articulation should be in the form 28
of a wall perpendicular to the property line at a minimum 29
distance of two (2) feet, extending parallel to the property line 30
a minimum of ten (10) feet, and should extend evenly over the 31
entire height of the building wall (see Figure 1 above). 32
Page 5 of 9
1
3. The second-story of a single-family dwelling should not exceed 2
seventy-five percent (75%) of the floor area of the first story. 3
Floor area includes all areas lying within the building perimeter 4
established by the interior side of the exterior walls of the 5
building, including garages, covered patios and open-air 6
exterior areas under roof. The floor area of the second story 7
should include areas open to below. 8
9
The village council intends to readopt these regulations as of October 10
1, 2024. 11
12
G F. Off street parking regulations. At least one parking space measuring at 13
least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) 14
square feet) shall be provided. All parking spaces shall consist of a 15
durable surfaced area as approved by the community development 16
director, and may be enclosed in the dwelling, in an accessory building 17
or in an unenclosed area or a driveway. All vehicles parking on a lot 18
must be parked on a durable surface. 19
20
H G. Accessory structures. One detached automobile garage and one open-21
air pavilion may be constructed on any lot within the R-1 single-family 22
dwelling district provided that all requirements of this chapter are met. 23
Open air pavilions shall be subject to the following additional 24
conditions and restrictions: 25
26
1. Permitting. 27
28
(a) All open-air pavilions must be permitted in accordance 29
with all Florida Building Code and Village Code 30
requirements. 31
32
(b) Open-air pavilions meeting the definition of a 33
traditional chickee hut are exempt from the Florida 34
Building Code but shall be subject to consistency 35
review by the village. Consistency shall be 36
demonstrated through the issuance of a zoning permit 37
and shall require the submittal of the following 38
information: 39
40
(1) A survey that includes scaled dimensions of the 41
proposed structure, including setbacks; 42
43
(2) Proof that the builder of the chickee hut is a 44
member of either the Miccosukee Tribe of 45
Indians of Florida or the Seminole Tribe of 46
Florida (such proof consisting of a copy of the 47
trial member's identification card); and 48
49
Page 6 of 9
(3) Drawings of the proposed structure depicting, at 1
a minimum, the overall design, dimensions, roof 2
materials, and height. 3
4
2. Dimensions. Open-air pavilions shall not exceed two hundred 5
(200) square feet in floor area. The floor area shall be measured 6
from outside the support posts, provided that the roof overhang 7
does not exceed three (3) feet from the support posts. If the roof 8
overhang exceeds three (3) feet, the floor area shall consist of 9
the entire roofed area. For structures supported by a single-pole, 10
i.e., umbrella shape, the floor area shall be measured from the 11
drip line of the roof material. 12
13
3. Height. Open-air pavilions shall not exceed twelve (12) feet in 14
height or the height of the principal building located on the lot, 15
whichever is more restrictive. For sloped roofs, the height shall 16
be measured at the mean roof height. 17
18
4. Location and Setbacks. 19
20
(a) No open-air pavilion may be erected within ten (10) feet 21
of the side property line. This side setback shall be 22
increased to twenty (20) feet for corner lots. 23
24
(b) No open-air pavilion may be erected within seven and 25
one-half (7½) feet of the rear property line. 26
27
(c) No open-air pavilion or any portion thereof may be 28
erected between the front line of the principal building 29
and the front property lot line, within a utility or 30
drainage easement, or within a required landscape 31
buffer. 32
33
5. Use restrictions. 34
35
(a) An open-air pavilion shall be used only for private 36
recreational activities as an accessory use to the 37
principal residential use and shall not be used for 38
habitation, for a tool room, storage room or workshop, 39
or for any commercial purpose whatsoever. 40
41
(b) Open-air pavilions shall not be used for storage of items 42
of personal property, including, but not limited to, the 43
following: 44
45
(1) Operable or inoperable vehicles, boats, boat 46
trailers, utility trailers or similar items of 47
personal property; 48
Page 7 of 9
(2) Building materials, lawn equipment, tools or 1
similar items; and 2
3
(3) Ice boxes, refrigerators and other types of food 4
storage facilities with the exception of under-5
counter units. 6
7
(c) No gas, charcoal or propane grills, stoves or other types 8
of cooking devices may be stored or utilized within a 9
traditional chickee hut. 10
11
6. Maintenance. Open-air pavilions shall be maintained in good 12
repair and in sound structural condition. Painted or stained 13
surfaces shall be free of peeling paint, mold and mildew and 14
void of any evidence of deterioration. 15
16
7. Design. 17
18
(a) Open-air pavilions, with the exception of traditional 19
chickee huts, pergolas and other structures with only 20
partial or slatted roofs, shall incorporate the same types 21
of building materials and be consistent with the 22
architectural theme or style of the main or principal 23
building. 24
25
(b) At the request of a property owner, the community 26
development director may approve the use of different 27
building materials or alternate architectural themes or 28
styles when such materials, themes or styles are 29
complementary to the main or principal building. 30
31
(c) Should the community development director deny the 32
request for different building materials or alternate 33
architectural themes or styles, a property owner may 34
appeal this decision to the planning commission by 35
submitting a written request for a hearing to the 36
community development director within thirty (30) 37
calendar days of the date of the determination. The 38
appeal shall be placed on the next available agenda and 39
the decision of the planning commission shall be final, 40
subject only to judicial review by writ of certiorari. 41
42
I H. Mechanical equipment. All non-roof-mounted mechanical equipment 43
shall be located behind the front building face of the principal structure 44
in either the side yard or the rear yard. Such equipment shall be located 45
adjacent to the principal structure whenever practicable, provided, 46
however, that all mechanical equipment shall be located at least five 47
(5) feet from the side property line and at least seven and one-half feet 48
(7½) from the rear property line. 49
Page 8 of 9
1
J I. Minimum landscaped area. 2
3
1. All single-family dwellings shall have a minimum landscaped 4
area of thirty percent (30%). 5
6
2. All single-family dwellings (both one and two story) shall 7
provide a minimum landscaped area of fifty percent (50%) in 8
the required twenty-five-foot (25’) front yard setback. 9
Properties with frontage along urban collector roads 10
(Lighthouse Drive and Prosperity Farms Road) shall provide a 11
minimum landscaped area of forty percent (40%) in the 12
required twenty-five-foot (25’) front yard setback. Properties 13
having an irregular lot shape, meaning a lot which is not close 14
to rectangular or square and in which the width of the property 15
at the front property line is less than required by the underlying 16
zoning district, shall provide a minimum landscaped area of 17
twenty-five percent (25%) in the required twenty-five-foot 18
(25’) front yard setback. 19
20
3. A property owner who meets the overall minimum landscaped 21
area requirement set forth in subsection (1) above and who does 22
not meet the minimum landscaped area requirement in the 23
twenty-five-foot (25’) front yard setback set forth in subsection 24
(2) above may request a waiver of up to five percent (5%) of 25
the minimum required area by filing a request with the 26
Community Development Department. The request shall be 27
forwarded to the Planning Commission for final action. A 28
property owner seeking such a waiver shall be required to 29
demonstrate to the Planning Commission that he or she has 30
made a reasonable attempt to comply with the required 31
minimum landscaped area within the front yard setback and has 32
mitigated any deficiency through the installation of enhanced 33
landscaping materials, the use of permeable hardscape 34
materials or some other acceptable means. 35
36
For the purposes of this subsection, the term minimum landscaped area 37
shall mean a pervious landscaped area unencumbered by structures, 38
buildings, paved parking lots, sidewalks, sports courts, pools, decks, or 39
any impervious surface. Landscape material shall include, but not be 40
limited to, grass, ground covers, bushes, shrubs, hedges or similar 41
plantings, or decorative rock or bark. No landscape material shall be 42
used for parking. However, pervious surfaces used for the parking of 43
recreational equipment in side and rear yards shall be included in the 44
calculation of the minimum landscaped area. 45
46
With respect to building permits for renovations of existing single-47
family dwellings, the minimum landscaped area standards shall apply 48
Page 9 of 9
only to the extent that the proposed scope of work impacts the 1
applicable standard. 2
3
I J. Maximum driveway width in swale. The total width of driveways from 4
the edge of the public roadway to the abutting privately-owned property 5
shall not exceed a total of thirty-two feet (32’) in width at the property 6
line, excluding flares. For lots with ninety (90) or more feet of public 7
roadway frontage, the total width of driveways from the edge of the 8
public roadway to the abutting privately-owned private shall not exceed 9
a total of forty feet (40’) in width at the property line, excluding flares. 10
Each side of a flared driveway shall be no more than three feet (3’) 11
wider than the rest of the driveway. 12
13
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 14
Village of North Palm Beach, Florida. 15
16
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 17
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 18
holding shall not affect the remainder of this Ordinance. 19
20
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 21
herewith are hereby repealed to the extent of such conflict. 22
23
Section 6. This Ordinance shall take effect immediately upon adoption. 24
25
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 26
27
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 28
2023. 29
30
31
(Village Seal) 32
MAYOR 33
34
ATTEST: 35
36
37
VILLAGE CLERK 38
39
APPROVED AS TO FORM AND 40
LEGAL SUFFICIENCY: 41
42
43
VILLAGE ATTORNEY 44
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: October 12, 2023
SUBJECT: ORDINANCE 2nd Reading – Amendments to Chapter 21, Article II to create the
Planning, Zoning and Adjustment Board, Repeal Chapter 21, Article III referencing Board
of Adjustment, Amending Chapter 45, Article VI Section 45-30 to provide procedures for
variances and adopting a new section called administrative appeals and replacing all
Village code references to the Planning Commission with the Planning, Zoning and
Adjustment Board,
Background
The Village’s Code of Ordinances created a Planning Commission which powers included:
(1) Perform any duties which lawfully may be assigned to it by the village council.
(2) Perform any other duties which may be assigned to it under this Code.
(3) The planning commission of the village is hereby designated as the governmental entity to act as
the "local planning agency" in accordance with chapter 163, Florida Statutes.
(4) The planning commission shall serve as the village's board of adjustment to consider variances and
administrative appeals.
(5) The planning commission has additional d uties that include site plan and appearance review (see
sections 6-30 through 6-60); the responsibility to make recommendations on special exceptions
(see section 45-16.2); and the authority to approve waivers on land in the C -MU and C-NB zoning
districts only (see section 45-51).
The Village’s Code of Ordinances also created a Board of Adjustment, whose duties are t o hear and
decide appeals when it is alleged that there is error in any order, requirement, decision or determination
made by an administrative official in the enforcement of any land development regulation and to
authorize variances from the terms of the Code of Ordinances.
On March 19, 2019 the Village Council, through Ordinance 2019 -01 approved a zoning text amendment
which required the Planning Commission to assume the duties of the Board of Adjustment. However,
the Ordinance never eliminated the Board of Adjustment. It h as been four years since this change was
made and the Planning Commission has successfully assumed all the duties and responsibilities of the
Board of Adjustment.
Village Staff is proposing to formally eliminate the Board of Adjustment and fully incorpor ate its duties
in the newly created Planning & Zoning Adjustment Board. The proposed amendment will continue the
process to streamline development issues for both residents and developers. Combining the boards
together provides more efficiency which will only improve with the elimination of the Board of
Adjustment. Additionally, providing a more appropriate name to the new board will avoid any confusion
regarding the development process within the Village. There are no proposed changes to the functions,
duties or responsibilities of the Planning Commission.
As for the variance process, Village Staff is proposing several changes which are summarized as
follows:
1. Format – the proposed amendments will move all relevant provisions to one location so the
applicant does not have to look at several code provisions to find out what is needed for a
variance;
2. Process – the proposed amendments will streamline the development process and provide a
clear application process so the applicant knows what to include with the application to avoid
multiple submittals;
3. Burden of Proof – the proposed amendments will add a burden of proof so the applicant knows
he/she/they have to show their request meets the variance requirements;
4. Expiration – the proposed amendments will add an expiration of the variance within one (1) year
if a building permit has not been issued or if the permit expires to prevent a variance from
lingering;
5. Administrative Appeals – the proposed amendments will streamline the appeal process by
including what is required for the application, defining what powers the new Board has,
delineating the burden of proof needed and requiring that appeals be filed within 15 days from
the administrative decision or order.
Legal Review
The attached Ordinance has been prepared/reviewed by the Village Attorney for legal sufficiency.
Fiscal Impacts
N/A
First Reading
At the September 28, 2023 meeting, the Village Council approved the attached Ordinance on first reading
by a vote of 4-0.
Recommendation:
Village Staff recommends Village Council consideration and approval on second and final reading of the
attached Ordinance amending the Village’s regulations to combine the Planning Commission and Board
of Adjustment into the Planning Zoning Adjustment Board and amending the Variance provisions to be
more efficient and effective.
Page 1 of 10
ORDINANCE NO. 2023-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 21, “PLANNING AND 4
DEVELOPMENT,” OF THE VILLAGE CODE OF ORDINANCES BY 5
AMENDING ARTICLE II, “PLANNING COMMISSION,” TO CREATE A 6
PLANNING, ZONING AND ADJUSTMENT BOARD AND REPEALING 7
ARTICLE III, “BOARD OF ADJUSTMENT,” IN ITS ENTIRETY; AMENDING 8
ARTICLE VI, “REZONING, VARIANCES AND WAIVERS,” OF CHAPTER 45 9
(APPENDIX C), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY 10
AMENDING SECTION 45-50, “VARIANCES,” TO PROVIDE PROCEDURES 11
FOR VARIANCES AND ADOPTING A NEW SECTION 45-52, 12
“ADMINISTRATIVE APPEALS;” REPLACING ALL VILLAGE CODE 13
REFERENCES TO THE PLANNING COMMISSION WITH THE PLANNING, 14
ZONING AND ADJUSTMENT BOARD; PROVIDING FOR CODIFICATION; 15
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 16
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17
18
WHEREAS, the Village Council wishes to revise Chapter 21, “Planning and Development,” and 19
Chapter 45 (Appendix C), “Zoning,” of the Village Code of Ordinances to create a Planning, Zoning 20
and Adjustment Board and transfer the criteria and procedures for variances and administrative 21
appeals from Chapter 21 to Chapter 45; and 22
23
WHEREAS, on September 12, 2023, the Planning Commission, sitting as the Local Planning Agency, 24
conducted a public hearing to review this Ordinance and provided a recommendation to the Village 25
Council; and 26
27
WHEREAS, having considered the recommendation of the Planning Commission and conducted all 28
required advertised public hearings, the Village Council determines that the adoption of this 29
Ordinance is in the interests of the health, safety, and welfare of the residents of the Village of North 30
Palm Beach. 31
32
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 33
NORTH PALM BEACH, FLORIDA as follows: 34
35
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 36
37
Section 2. The Village Council hereby amends Article II, “Planning Commission,” of Chapter 38
21, “Planning and Development,” of the Village Code of Ordinances to read as follows (additional 39
language is underlined and deleted language is stricken through): 40
41
ARTICLE II. PLANNING, ZONING AND ADJUSTMENT BOARD COMMISSION 42
43
Sec. 21-11. Composition; conduct generally. 44
45
(a) Created. A planning, zoning and adjustment board commission for the 46
village is hereby created. 47
48
Page 2 of 10
(b) Membership; terms. The planning, zoning and adjustment board commission 1
shall consist of seven (7) members. The village council shall appoint 2
members on an annual basis during April of each year to take effect the 3
following May 1 of each year for staggered terms of two (2) years as 4
determined by the village council. The planning, zoning and adjustment 5
board commission shall consist of one (1) land use planner or architect, one 6
(1) architect, one (1) civil engineer, one (1) person engaged in business within 7
the corporate limits of the village, and three (3) members who need not be 8
engaged in any particular business or p rofession. 9
10
(c) Meetings. The planning, zoning and adjustment board commission shall meet 11
at least once each month on a date to be determined by the planning 12
commission board. 13
14
(d) Powers, duties. The planning, zoning and adjustment board commission shall 15
have the following powers and duties: 16
17
(1) Perform any duties which lawfully may be assigned to it by the village 18
council. 19
20
(2) Perform any other duties which may be assigned to it under this Code. 21
22
(3) The planning, zoning and adjustment board commission of the village 23
is hereby designated as the governmental entity to act as the "local 24
planning agency" in accordance with chapter 163, Florida Statutes. 25
26
(4) The planning, zoning and adjustment board commission shall serve 27
as the village's board of adjustme nt to consider have the authority to 28
grant variances in accordance with section 45 -50 and consider and 29
adjudicate administrative appeals in accordance with section 45 -52. 30
31
(5) The planning, zoning and adjustment board commission has 32
additional duties that include site plan and appearance review (see 33
sections 6-30 through 6-60); the responsibility to make 34
recommendations on special exceptions (see section 45-16.2); and the 35
authority to approve waivers on land in the C -MU and C-NB zoning 36
districts only (see section 45-51). 37
38
Sec. 21-12. Changes to zoning ordinances. 39
40
(a) The village council may amend or supplement the regulations and districts 41
established by this Code after receiving the recommendation of the planning , 42
zoning and adjustment board commission. Proposed changes may be 43
suggested by the village council or the village manager. Changes to zoning 44
district boundaries may be requested in accordance with section 45-49. 45
46
(b) The planning, zoning and adjustment board commission, regardless of the 47
source of the proposed change, shall hold a public hearing or hearings 48
thereon, with due public notice, but shall in any case, if any change is to be 49
considered by the planning, zoning and adjustment board commission, 50
Page 3 of 10
submit in writing its recommendations on the proposed change to the village 1
council for official action. The village council shall hold a public hearing 2
thereon, with due public notice, if any change is to be considered and shall 3
then act on the proposed change. If the recommendation of the planning , 4
zoning and adjustment board commission is adverse to the proposed change, 5
such change shall not become effective except by an affirmative vote of a 6
majority of the entire membership of the village council, after due public 7
notice. 8
9
Section 3. The Village Council hereby deletes Article III, “Board of Adjustment,” of Chapter 21, 10
“Planning and Development,” of the Village Code of Ordinances in its entirety (deleted language is 11
stricken through): 12
13
ARTICLE III. - BOARD OF ADJUSTMENT 14
15
Sec. 21-21. Composition; conduct generally. 16
17
(a) Created. A board of adjustment for the village is hereby created. 18
19
(b) Membership. The members of the planning commission shall serve as the 20
board of adjustment. 21
22
(c) Powers, duties. The board of adjustment shall have the following powers and 23
duties: 24
25
(1) Appeals. To hear and decide appeals when it is alleged that there is 26
error in any order, requirement, decision or determination made by an 27
administrative official in the enforcement of any land development 28
regulation. 29
30
(2) Variances: 31
32
a. To authorize such variances from the terms of this code as will 33
not be contrary to the public interest when, owing to special 34
conditions, a literal enforcement of the provisions of the 35
ordinance would result in unnecessary and undue hardship. In 36
order to authorize any variance, the board of adjustment must 37
find: 38
39
1. That special conditions and circumstances exist which 40
are peculiar to the land, structure or building involved 41
and which are not applicable to other lands, structures 42
or buildings in the same zoning district; 43
44
2. That the special conditions and circumstances do not 45
result from the actions of the applicant; 46
47
3. That granting the variance requested will not confer on 48
the applicant any special privilege that is denied by the 49
Page 4 of 10
ordinance to other lands, buildings or structures in the 1
same zoning district; 2
3
4. That literal interpretation of the provisions of the subject 4
ordinance would deprive the applicant of rights 5
commonly enjoyed by other properties in the same 6
zoning district under the terms of the ordinance and 7
would work unnecessary and undue hardship on the 8
applicant; 9
10
5. That the variance granted is the minimum variance that 11
will make possible the reasonable use of the land, 12
building or structure; 13
14
6. That the grant of the variance will be in harmony with 15
the general intent and purpose of the ordinance and that 16
such variance will not be injurious to the area involved 17
or otherwise detrimental to the public welfare. 18
19
b. In granting any variance, the board of adjustment may prescribe 20
appropriate conditions and safeguards in conformity with this 21
code. Violation of such conditions and safeguards, when made 22
a part of the terms under which the variance is granted, shall be 23
deemed a violation of this code. 24
25
c. The board of adjustment may prescribe a reasonable time limit 26
within which the action for which the variance is required shall 27
begin or be completed or both. 28
29
d. Under no circumstances, except as permitted above, shall the 30
board of adjustment grant a variance to permit a use not 31
generally permitted in the zoning district involved or any use 32
expressly or by implication prohibited by the terms of the 33
ordinance in the zoning district. No nonconforming use of 34
neighboring lands, structures or buildings in the same zoning 35
district and no permitted use of lands, structures or buildings in 36
other zoning districts shall be considered grounds for the 37
authorization of a variance. 38
39
e. The concurring vote of a majority of all members of the board 40
shall be necessary to grant a variance pursuant to this section. 41
42
(d) Review of administrative orders. In exercising its powers, the board of 43
adjustment may, upon appeal and in conformity with provisions of this chapter, 44
reverse or affirm, wholly or partly, or may modify the order, requirement, 45
decision or determination made by an administrative official in the 46
enforcement of any zoning ordinance or regulation adopted pursuant to this 47
part, and may make any necessary order, requirement, decision or 48
determination, and to that end shall have all the powers of the officer from 49
whom the appeal is taken. The concurring vote of a majority of all the members 50
Page 5 of 10
of the board shall be necessary to reverse any order, requirement, decision or 1
determination of any such administrative official or to decide in favor of t he 2
applicant on any matter upon which the board is required to pass under any 3
such ordinance. 4
5
(e) Appeals to board from decision of administrative official. Appeals to the board 6
of adjustment may be taken by any person aggrieved or by any officer, board 7
or bureau of the governing body affected by any decision of an administrative 8
official under any zoning ordinance enacted pursuant to this part. Such appeal 9
shall be taken within thirty (30) days after rendition of the order, requirement, 10
decision or determination appealed from by filing with the officer from whom 11
the appeal is taken and with the board of adjustment a notice of appeal 12
specifying the grounds thereof. The appeal shall be in the form prescribed by 13
the rules of the board. The administrative official from whom the appeal is 14
taken shall, upon notification of the filing of the appeal, forthwith transmit to 15
the board of adjustment all the documents, plans, papers or other materials 16
constituting the record upon which the action appealed from was taken. 17
18
(f) Stay of work and proceedings on appeal. An appeal to the board of adjustment 19
stays all work on the premises and all proceedings in furtherance of the action 20
appealed from, unless the official from whom the appeal was taken shall certify 21
to the board of adjustment that, by reason of facts stated in the certificate, a 22
stay would cause imminent peril to life or property. In such case, proceedings 23
or work shall not be stayed except by a restraining order which may be granted 24
by the board of adjustment or by a court of record on application, on notice to 25
the officer from whom the appeal is taken and on due cause shown. 26
27
(g) Hearing of appeals. The board of adjustment shall fix a reasonable time for the 28
hearing of the appeal and decide the same within a reasonable time. Public 29
notice of all hearings shall be provided as required by section 21-3 of this 30
Code. Upon the hearing, any party may appear in person, by agent or by 31
attorney. Appellants may be required to assume such reasonable costs in 32
connection with appeals as may be determined by the governing body through 33
action in setting of fees to be charged for appeals. 34
35
(h) Judicial review of decisions of board. Any person or persons, jointly or 36
severally, aggrieved by any decision of the board of adjustment, or any officer, 37
department, board, commission or bureau of the governing body, may apply to 38
the circuit court in the judicial circuit where the board of adjustment is located 39
for judicial relief within thirty (30) days after rendition of the decision by the 40
board of adjustment. Such an appeal shall not be a hearing de novo, but shall 41
be limited to appellate review of the record created before the board of 42
adjustment. 43
44
Section 4. The Village Council hereby amends Article VI, “Rezonings; Variances; Waivers,” of 45
Chapter 45 (Appendix C), “Zoning,” of the Village Code of Ordinances to read as follows (additional 46
language is underlined and deleted language is stricken through): 47
48
ARTICLE VI. REZONINGS; VARIANCES; WAIVERS; ADMINISTRATIVE APPEALS 49
50
Page 6 of 10
* * * 1
Sec. 45-50. Variances. 2
3
(1) Generally. All applications for variances to regulations or restrictions 4
established by this ordinance chapter or otherwise permitted by this code shall 5
be initiated by application to the village. The application may be made by any 6
property owner or tenant or by a governmental office, department, board or 7
bureau and filed with the community development department of the village. 8
Any such application, except by a governmental agency, must be accompanied 9
by the filing fee established in the master fee schedule adopted annually as part 10
of the village budget. 11
12
(2) All applications concerning variances shall be upon forms to be supplied by 13
the community development department. 14
15
(3) Criteria for decisions on variance applications are provided in section 21-21 of 16
the village code. 17
18
(4) Public notice of all hearings shall be provided as required by section 21-3 of 19
the village Code. 20
21
(2) Variance application process. 22
23
a. Generally. Upon receipt of an application for a variance, the 24
community development director shall schedule the variance for 25
review and processing. Variances shall be processed and noticed 26
pursuant to section 23-3. 27
28
b. Application requirements. Variance requests shall contain information 29
sufficient in detail to reasonably apprise the community development 30
director or his/her designee, and the planning, zoning and adjustment 31
board of the nature and substance of the proposed variance. 32
Variance requests shall be filed by written application to the 33
community development department. Each application shall be 34
accompanied by the applicable fee and shall contain the following 35
information or as otherwise required on the community development 36
department application submittal checklist: 37
38
1. A legal description of the subject property with a sealed land 39
survey prepared by a registered land surveyor. 40
41
2. A detailed description of the requested variance and a 42
justification statement detailing how the variance meets each of 43
the criteria set forth in subsection (3)b below. 44
45
3. Dimensioned plans showing the improvements that are the 46
subject of the variance request. 47
48
4. The person filing the application must be the property owner or 49
an agent of the property owner. Proof of ownership must be 50
Page 7 of 10
provided. If the applicant is other than the owner of record, a 1
power of attorney from the owner of record to the applicant 2
shall accompany the application affirming that the owner has 3
granted full authority to the applicant to apply for the relief 4
requested in the application. If the applicant representing the 5
property owner is an attorney licensed to practice in this state, 6
no power of attorney shall be required; however, the attorney 7
shall sign the application and indicate his or her representative 8
capacity. 9
10
5. Copy of a list of property owners within five hundred (500) feet 11
of the subject property from the Palm Beach County Property 12
Appraiser’s Office and stamped and addressed envelopes for 13
the surrounding property owners within five hundred (500) feet 14
of the subject property. 15
16
(3) Variance standards, notice, guidelines, and review criteria. 17
18
a. Burden of proof. The burden of demonstrating that the request meets 19
the variance review criteria shall be on the applicant. 20
21
b. Public notice. Public notice of the variance application shall be 22
provided as required by section 21-3 of the village code. 23
24
c. Review criteria. A variance is subject to the following criteria unless 25
otherwise specified in this chapter, and shall not be granted unless and 26
until the planning, zoning and adjustment board determines that: 27
28
1. That special conditions and circumstances exist which are 29
peculiar to the land, structure or building involved and which 30
are not applicable to other lands, structures or buildings in the 31
same zoning district; 32
33
2. That the special conditions and circumstances do not result 34
from the actions of the applicant; 35
36
3. That granting the variance requested will not confer on the 37
applicant any special privilege that is denied by the ordinance 38
to other lands, buildings, or structures in the same zoning 39
district; 40
41
4. That literal interpretation of the provisions of the subject 42
ordinance would deprive the applicant of rights commonly 43
enjoyed by other properties in the same zoning district under 44
the terms of the ordinance and would work unnecessary and 45
undue hardship on the applicant; 46
47
5. That the variance granted is the minimum variance that will 48
make possible the reasonable use of the land, building or 49
structure; 50
Page 8 of 10
1
6. That the grant of the variance will be in harmony with the 2
general intent and purpose of the ordinance and that such 3
variance will not be injurious to the area involved or otherwise 4
detrimental to the public welfare. 5
6
d. Conditions and safeguards. In granting a variance, the planning, 7
zoning and adjustment board may prescribe appropriate conditions and 8
safeguards as are, in the board’s opinion, necessary to protect the public 9
interest. Violations of such conditions and safeguards, when made a 10
part of the terms under which the variance is granted, shall be deemed 11
a violation of this chapter. 12
13
e. Use variances not authorized. Under no circumstances, except as 14
expressly authorized, shall the planning, zoning and adjustment board 15
grant a variance to allow a use not permitted in the applicable zoning 16
district involved or any use expressly or by implication prohibited in 17
the zoning district by the terms of the code. No nonconforming use of 18
neighboring lands, structures or buildings in the same zoning district 19
and no permitted use of lands, structures or buildings in other zoning 20
districts shall be considered grounds for the authorization of a variance. 21
22
(4) Expiration of variance. 23
24
a. Unless otherwise set forth in the written order, the variance shall expire 25
one (1) year from the date of the planning, zoning and adjustment 26
board’s order granting the variance if a building permit, where required 27
by law, has not been issued in accordance with the plans and conditions 28
upon which the variance was granted; and 29
30
b. The variance shall expire if a building permit issued in accordance with 31
the plans and conditions upon which the variance was granted expires 32
and is not renewed pursuant to the applicable provisions regarding 33
renewal of building permits. 34
35
(5) Decision and written order. A concurring vote of four (4) of the seven (7) 36
board members shall be necessary to grant a variance. The planning, zoning 37
and adjustment board’s decision on a variance application shall be set forth in 38
a written order. An order granting a variance shall contain all appropriate 39
conditions and safeguards as determined by the board. The order sh all be 40
forwarded to the village clerk and shall be sent to the applicant and/or the 41
applicant’s agent and shall become part of the public records. 42
43
(6) Judicial review. Any person or persons, jointly or severally, aggrieved by any 44
decision of the planning, zoning and adjustment board may seek judicial 45
review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida 46
within thirty (30) days after rendition of the decision by the planning, zoning 47
and adjustment board. Such an appeal shall not be a hearing de novo, but shall 48
be limited to appellate review of the record created before the planning, zoning 49
and adjustment board. 50
Page 9 of 10
1
2
* * * 3
Sec. 45-52. Administrative appeals. 4
5
(1) Review by the planning, zoning and adjustment board. The planning, zoning 6
and adjustment board shall review and decide appeals from any person who 7
has been adversely affected by a decision or order of an administrative official 8
in the interpretation or application of the zoning code or any land development 9
regulation. The planning, zoning and adjustment board may modify, reverse, 10
or affirm the administrative official's decision or order interpreting or applying 11
the provisions of the zoning code or any land development regulation. 12
13
(2) Filing. Administrative appeals shall be filed by written application using the 14
form provided by the community development department. All applications 15
shall be accompanied by the processing fee established by the village council 16
and all supporting evidence pertaining to the appeal. All appeals shall be filed 17
with the community development department within fifteen (15) days of the 18
administrative decision, act, interpretation, or order to which the appeal is 19
directed. 20
21
(3) Processing. 22
23
a. All applications for administrative appeals shall be scheduled for a 24
hearing before the planning, zoning and adjustment board on the next 25
available agenda. 26
27
b. The applicant or the applicant’s agent or attorney shall present the 28
appeal at a public hearing before the planning, zoning and adjustment 29
board. The burden of demonstrating an error in such decision or order 30
shall be on the applicant. 31
32
c. The administrative official whose decision or order is being challenged 33
shall present evidence, through testimony, documents or otherwise, 34
supporting in the initial decision or order. 35
36
d. The concurring vote of four (4) of the seven (7) board members shall 37
be necessary to reverse any order, requirement, or decision of an 38
administrative official. 39
40
e. Upon a decision, the planning, zoning and adjustment board shall issue 41
a written order. The order shall be forwarded to the village clerk and 42
shall be sent to the applicant and/or the applicant’s agent and shall 43
become part of the public records 44
45
(4) Judicial review. Any person or persons, jointly or severally, aggrieved by any 46
decision of the planning, zoning and adjustment board may seek judicial 47
review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida 48
within thirty (30) days after rendition of the decision by the planning, zoning 49
and adjustment board. Such an appeal shall not be a hearing de novo, but shall 50
Page 10 of 10
be limited to appellate review of the record created before the planning, zoning 1
and adjustment board. 2
3
(5) Stay of work and proceedings on appeal. An appeal to the planning, zoning 4
and adjustment board stays all work on the premises and all proceedings in 5
furtherance of the action appealed from, unless the official from whom the 6
appeal was taken shall certify to the planning, zoning and adjustment board 7
that, by reason of facts stated in the certificate, a stay would cause imminent 8
peril to life or property. In such case, proceedings or work shall not be stayed 9
except by order of the planning, zoning and adjustment board or by a court of 10
record on application, on notice to the officer from whom the appeal is taken 11
and on due cause shown. 12
13
Section 5. All other references to the Planning Commission or to the Board of Adjustment in the 14
Village Code of Ordinances, to the extent not specifically addressed in this Ordinances, shall be 15
changed to the Planning, Zoning and Adjustment Board. 16
17
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of the 18
Village of North Palm Beach, Florida. 19
20
Section 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 21
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 22
holding shall not affect the remainder of this Ordinance. 23
24
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 25
herewith are hereby repealed to the extent of such conflict. 26
27
Section 9. This Ordinance shall take effect immediately upon adoption. 28
29
PLACED ON FIRST READING THIS 28th DAY OF SEPTEMBER, 2023. 30
31
PLACED ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF OCTOBER, 2023. 32
33
34
(Village Seal) 35
MAYOR 36
37
38
ATTEST: 39
40
41
VILLAGE CLERK 42
43
APPROVED AS TO FORM AND 44
LEGAL SUFFICIENCY: 45
46
47
VILLAGE ATTORNEY 48
Page 1 of 4 PZAB Zoning Text Amendment
ZTA-2023-001 Revised: Sept. 19, 2023
Date: September 12, 2023
Subject/Agenda Item:
ZTA-2023-001 Ordinance for PZAB Zoning Text Amendment
Consideration of Approval: A request from Village Staff to create a new Board called the
Planning & Zoning Adjustment Board which will serve as the Planning Commission and Board
of Appeals and to clarify and streamline the Variance process.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
[ ] Quasi-Judicial
[ ] Legislative
[X] Public Hearing
Originating Department:
Planning & Zoning
Project Manager
__________________
Caryn Gardner-Young, AICP
Reviewed By:
Community Development Director
_________________
Caryn Gardner-Young, AICP
Village Council Action:
[ X ] Approval
[ ] Approve with conditions
[ ] Denial
[ ] Continued to: ___________
Public Notice:
[ X ] Required
[ ] Not Required
Dates:
Paper: Sun Sentinel
Mailing
[ ] Required
[ X ] Not Required
Notice Distance:
Attachments:
PZAB Ordinance
COMMUNITY DEVELOPMENT DEPARTMENT REPORT AND RECOMMENDATION
Page 2 of 4 PZAB Zoning Text Amendment
I. Executive Summary
Village of North Palm Beach (Village) Staff is proposing changes to Chapter 21 of the Village
Code by amending Article II “Planning Commission” to create a new Planning & Zoning
Adjustment Board, changes to Chapter 21 and 45 by amending Article III, Article IV and Sections
45-50 and 45-52 by deleting or amending language to provide for procedures for variances and
replacing all Village Code references to the Planning Commission with the Planning & Zoning
Adjustment Board.
I1. Proposed Code Provision Modifications:
Please see attached Ordinance
III. Staff Analysis:
Background:
The Village’s Code of Ordinances created a Planning Commission which powers included:
(1) Perform any duties which lawfully may be assigned to it by the village council.
(2) Perform any other duties which may be assigned to it under this Code.
(3) The planning commission of the village is hereby designated as the governmental entity to
act as the "local planning agency" in accordance with chapter 163, Florida Statutes.
(4) The planning commission shall serve as the village's board of adjustment to consider
variances and administrative appeals.
(5) The planning commission has additional duties that include site plan and appearance review
(see sections 6-30 through 6-60); the responsibility to make recommendations on special
exceptions (see section 45-16.2); and the authority to approve waivers on land in the C -MU and
C-NB zoning districts only (see section 45-51).
The Village’s Code of Ordinances also created a Board of Adjustment , whose duties are to hear
and decide appeals when it is alleged that there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement of any land development
regulation and to authorize variances from the terms of the Code of Ordinance s.
On March 19, 2019 the Village Council, through Ordinance 2019 -01 approved a zoning text
amendment which required the Planning Commission to assume the duties of the Board of
Adjustment. However, the Ordinance never eliminated the Board of Adjustment. It has been
four years since this change was made and the Planning Commission has succe ssfully assumed
all the duties and responsibilities of the Board of A djustment.
Page 3 of 4 PZAB Zoning Text Amendment
Village Staff is proposing to formally eliminate the Board of Adjustment and fully incorporate
its duties in the newly created Planning & Zoning Adjustment Board. The proposed amendment
will continue the process to streamline development issues for both residents and developers.
Combining the boards together provide s more efficiency which will only improve with the
elimination of the Board of A djustment. Additionally, providing a more appropriate name to the
new board will avoid any confusion regarding the development process within the Village.
There are no proposed changes to the functions, duties or responsibilities of the Planning
Commission.
As for the variance proces s, Village Staff is proposing several changes which are summarized
as follows:
1. Format – the proposed amendments will move all relevant provisions to one location so
the applicant does not have to look at several code provisions to find out what is needed
for a variance;
2. Process – the proposed amendments will streamline the development process and provide
a clear application process so the applicant knows what to include with the application to
avoid multiple submittals;
3. Burden of Proof – the proposed amendments will add a burden of proof so the applicant
knows he/she/they have to show their request meets the variance requirements;
4. Expiration – the proposed amendments will add an expiration of the variance within one
(1) year if a building permit has not be en issued or if the permit expires to prevent a
variance from lingering;
5. Administrative Appeals – the proposed amendments will streamline the appeal process
by including what is required for the application, defining what powers the new Board
has, delineating the burden of proof needed and requiring that appeals be filed within 15
days from the administrative decision or order.
Analysis:
Consistency with the Comprehensive Plan
Future Land Use Element
Objective 6 states that the Village shall encourage infill development and red evelopment along
the Northlake Blvd and U.S. Highway N o. 1 corridor. By streamlining processes, developers
may be more willing to consider redevelopment within the Village’s municipal boundaries.
Housing Element
Policy 3.9 states that the Village shall maintain land development regulations and permit review
processes related thereto for the purpose of eliminating excessive requirements and
supplementing existing requirements in order to increase private sector participation in mee ting
defined housing needs. By streamlining processes, developers may be more willing to consider
redevelopment within the Village’s municipal boundaries.
Page 4 of 4 PZAB Zoning Text Amendment
Consistency with the Code of Ordinances
The Department of Community Development Planning Division is responsible for updating the
Village’s land development regulations and to assist village administration with development or
redevelopment planning concepts. The proposed text amendments are to promote the economic
health of the village and ensure the Department’s operations are efficient and effective and to
streamline the zoning relief procedures in a manner that would offer the public a continued
opportunity to engage with the Village. Thus, t he proposed text amendments and their effects
are consistent with the overall Code of Ordinances, insofar as no proposed amendment directly
conflicts with or otherwise hinders the implement ation or enforcement of other standards
currently embedded in the C ode of Ordinances that are not subject to this amendment . The
proposed amendments further the goals of the Village Council.
IV. Staff Recommendation:
Adoption of Ordinance
PLANNING COMMISSION ACTION–September 12, 2023
On a Motion by Board Member Hogarth and a second by Board Member Kennedy the Planning
Commission approved the Ordinance as presented with the elimination of an Administrative
Variance process.
VILLAGE COUNCIL ACTION– September 28, 2023
On Motion by Village Councilmember Mullinix and seconded by Council member Searcy, the
Village Council voted unanimously (4-0) to approve the Ordinance as presented by staff.
VILLAGE COUNCIL ACTION– October 12, 2023
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: October 12, 2023
SUBJECT: ORDINANCE 2nd Reading – Changing the date of the March 2024 Election to coincide
with the Presidential Preference Primary and providing for an additional Qualifying Period
The Palm Beach County Supervisor of Elections has advised the Village that the County voting system
will not be available for the March 12, 2024 general election because March 19, 2024 has been
established as the date for the statewide Presidential Preference Primary. Consequently, in order to
utilize both the County voting system and the services of the Supervisor of Elections, the Villa ge is
required to move the date of its election to coincide with the Presidential Preference Primary as
authorized by Section 101.75(3), Florida Statutes. To that end, the attached Ordinance:
Establishes March 19, 2024 as the date of the Village’s general election (with a runoff election, if
required, on April 2, 2024).
Provides for candidate qualifying from November 21, 2023 through November 28, 2023 (as set
forth in Section 10-5 of the Village Code).
Due to concerns that elected officials may resign prior to the end of the calendar year (but after the
qualifying period) due to the new financial disclosure requirements imposed by state law, the Supervisor
of Elections has agreed to allow municipalities with vacancies caused by such resignations to reopen
qualifying in January, with ballot language submitted by noon on January 12, 2024. This would apply if
a Councilmember resigned from a seat that was not already scheduled to be filled at the March 2024
general election. To that end, the Ordinance provides for an additional qualifying period during regular
business hours from January 4, 2024 through January 11, 2024.
There is no fiscal impact.
The attached Ordinance has been drafted by this office and reviewed for legal sufficiency.
At its September 28, 2023 regular meeting, the Village Council adopted the Ordinance on first reading
without modification. Please note, however, that language was added to allow candidates to qualify
during the additional qualifying period in the event all candidates for a particular seat withdraw after the
close of the initial qualifying.
Recommendation:
Village Staff requests Village Council consideration and approval on second and final reading of
the attached Ordinance changing the date of the March 2024 general election to March 19, 2024
and providing for an additional qualifying period for vacancies due to resignations in accordance
with Village policies and procedures.
Page 1 of 2
ORDINANCE 2023- 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, CHANGING THE DATE OF THE 4
MARCH 2024 GENERAL ELECTION TO COINCIDE WITH THE 5
STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY; ESTABLISHING 6
THE DATES FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR 7
COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING FOR 8
AN ADDITIONAL QUALIFYING PERIOD FOR VACANCIES ARISING 9
AFTER INITIAL QUALIFYING PERIOD; PROVIDING FOR TRANSMITTAL 10
TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; 11
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 12
DATE. 13
14
WHEREAS, the Palm Beach County Supervisor of Elections has advised the Village that the 15
County voting system will not be available for the March 12, 2024 general election because the 16
Florida Legislature has established March 19, 2024 as the date for the Presidential Preference 17
Primary; and 18
19
WHEREAS, in order to utilize the County voting system and the services of the County Supervisor 20
of Elections, the Village is required to move the date of its election to coincide with the Presidential 21
Preference Primary; and 22
23
WHEREAS, Section 101.75(3), Florida Statutes, provides that the governing body of a 24
municipality may, by ordinance, move the date of any municipal election to a date concurrent with 25
any statewide or countywide election; and 26
27
WHEREAS, Section 101.75(3), Florida Statutes, further requires that an ordinance moving the 28
date of a municipal election specifically provide the candidate qualifying dates for the election; and 29
30
WHEREAS, due to recent changes regarding financial disclosure requirements for municipal 31
elected officials, the Supervisor of Elections has authorized an additional qualifying period for any 32
additional open seat that may arise after the initial qualifying period has ended; and 33
34
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests 35
of the public health, safety, and welfare. 36
37
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 38
OF NORTH PALM BEACH, FLORIDA as follows: 39
40
Section 1. The foregoing recitals are hereby ratified and incorporated herein. 41
42
Section 2. The Village Council hereby establishes Tuesday, March 19, 2024 as the date of the 43
Village’s general municipal election for 2020. A runoff election, if required, shall be held on April 2, 44
2024. Any qualified elector may become a candidate for any office to be filled at the March 2024 45
Page 2 of 2
general election by paying the applicable qualifying fee and filing with the Village Clerk during regular 1
business hours from November 21, 2023 through November 28, 2023. The term of office for 2
candidates elected at the March 2024 general election shall commence as set forth in Article III, 3
Section 2 of the Village Charter. 4
5
Section 3. In the event of an additional open seat on the Village Council due to the resignation 6
of a seated Councilmember not up for reelection in 2024 after the close of the qualifying period 7
set forth in Section 2 but prior to the end of the calendar year or in the event all persons who 8
qualified for a particular seat withdraw leaving no candidate, the Village shall reopen the 9
qualifying period. Any qualified elector may become a candidate for such seat by paying the 10
applicable qualifying fee and filing with the Village Clerk during regular business hours from 11
January 4, 2024 through January 11, 2024. 12
13
Section 4. Upon adoption, the Village Council directs the Village Clerk to provide a copy of 14
this Ordinance to the County Supervisor of Elections. 15
16
Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 17
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 18
such holding shall not affect the remainder of this Ordinance. 19
20
Section 6. All ordinances or parts of ordinances or resolutions or parts of resolutions in 21
conflict herewith are hereby repealed to the extent of such conflict. 22
23
Section 7. This Ordinance shall take effect immediately upon adoption. 24
25
PLACED ON FIRST READING THIS DAY OF , 2023. 26 27
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 28
2023. 29
30
31
(Village Seal) 32
MAYOR 33
34
ATTEST: 35
36
37
VILLAGE CLERK 38
39
40
APPROVED AS TO FORM AND 41
LEGAL SUFFICIENCY: 42
43
44
VILLAGE ATTORNEY 45
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Caryn Gardner-Young, Community Development Director
DATE: October 12, 2023
SUBJECT: RESOLUTION – Approving a minor amendment to the Memory Care Commercial
Planned Unit Development for the installation of a pass-through window consisting of a
three-panel glass pane garage door on the north side of the commercial outparcel
building.
Background
Approved in 2017, the subject 6,000 square foot building reserved for restaurant/retail/office use lies
within the commercial outparcel within the previously approved Commercial PUD (CPUD) in conjunction
with the adjacent 37,404 square foot Memory Care facility. Construction of the subject building has been
finalized in 2022, however, all applicable permits have been applied for in preparation of future tenant
Desano Pizzeria to occupy the northern most tenant space. A series of five (5) waivers have been
approved by Village Council as part of the final CPUD approval, which are as follows:
A. A waiver from Section 27- 64 of the Village Code of Ordinances to eliminate trees required for the
north buffer spaced at one (1) for every seventy- five (75) lineal feet of landscape buffer. No trees shall
be planted within the north landscape buffer adjacent to the courtyard (spacing requirements will be
modified as depicted on the Landscape Plan).
B. A waiver from Section 45- 32(E)7 of the Village Code of Ordinances to provide a total of seventy- eight
(78) parking spaces where one hundred and fifty (150) parking spaces are required.
C. A waiver from Section 45- 36(D) of the Village Code of Ordinances to provide for a wall eight (8) feet
in height adjacent to the outdoor courtyard. The Code limits the height of walls and fences to six (6) feet.
D. A waiver from Section 45- 32(D) of the Village Code of Ordinances to allow for a front setback of ten
(10) feet for placement of the commercial outparcel building. The Code requires a front setback of fifty
(50) feet.
Pursuant to Ordinance No. 2017-07, The Village Council may approve minor modifications to the CPUD
by resolution without the necessity of review by the Planning Commission. It should be noted that this
request meets all applicable standards set forth in this ordinance to be deemed a minor modification.
The subject +/-0.27-acre parcel is located on the west side of US Highway 1, south of Lighthouse Drive
and north of Ebbtide Drive. The subject parcel is within the C-MU (Commercial Mixed-Use District)
pursuant to the Village Zoning map and C (Commercial) Future Land Use designation pursuant to the
Village Future Land Use map. The property address is 635 U.S. Highway One, North Palm Beach, FL
33408.
The applicant is proposing to add an indoor and outdoor bar area within the north façade for a six seat
outdoor seating area. This requires the applicant to open up the wall to include a pass-through window.
Legal Review
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Fiscal Impacts
N/A
Recommendation:
Village Staff recommends Village Council consideration and approval of the attached Resolution.
Page 1 of 2
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE
MEMORY CARE COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE
INSTALLATION OF A PASS-THROUGH WINDOW CONSISTING OF A THREE
PANEL GLASS PANE GARAGE DOOR ON THE NORTH SIDE OF THE
COMMERCIAL OUTPARCEL BUILDING; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the enactment of Ordinance No. 2017-07 on June 22, 2017 (“PUD Ordinance”),
the Village Council approved a Commercial Planned Unit Development on the west side of U.S.
Highway One north of Ebbtide Drive and south of Lighthouse Drive known as the Memory Care
PUD (“PUD”); and
WHEREAS, Section 7 of the PUD Ordinance provides that the Village Council may approve minor
modifications to the PUD by resolution without the necessity of review by the Planning Commission,
advertisement, or public hearing; and
WHEREAS, the property owner, ASL NPB, LLC, and the applicant, Desano – North Palm Beach
LLC, are requesting a modification to the 6,000 square foot commercial outparcel building to install
a three-panel glass pane garage door within the proposed pass-through window on the north side of
the building with a fixed countertop to accommodate outdoor seating during business hours; and
WHEREAS, the Village Council determines that the request meets the definition of a minor
amendment to the PUD and 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. As authorized by Section 7 of Ordinance No. 2017-07, the Village Council hereby
approves a minor modification to the Memory Care Commercial Planned Unit Development to allow
the installation of a three-panel glass pane garage door within the proposed pass-through window on
the north side commercial outparcel building with a fixed countertop. The improvements shall be
constructed in accordance with the following plans:
A. Elevations created by Cotleur & Hearing dated September 8, 2023;
B. Site Plan created by Urban Design Studios dated September 8, 2023; and
C. Clopay Garage Door pictures dated August 31, 2023 (P1 to P4).
The outdoor bar seating area shall be limited to six (6) seats. Any violation of this approval shall be
subject to enforcement pursuant to Section 6 of the PUD Ordinance.
Section 3. To the extent not expressly modified herein, all other elements of the approved PUD,
as previously amended, shall remain in full force and effect.
Page 2 of 2
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
PUD-2023-004 Page 1 of 7 635 US Highway 1
PUD-2023-004 Revised:
Date: Sept. 20, 2023
Subject/Agenda Item:
PUD-2023-004 635 US Highway 1
Consideration of Approval: A request from the property owner, ASL NPB, LLC, and the
lessee, Desano – North Palm Beach, LLC, for a minor modification to an existing Commercial
Planned Unit Development (PUD) to install a pass-through window consisting of a rolling three
panel glass pane garage door and countertop within the north façade to accommodate an indoor
and 6 seat outdoor seating area at 635 U.S. Highway One.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
[X] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Originating Department:
Planning & Zoning
Project Manager
__________________
Caryn Gardner-Young, AICP
Reviewed By:
Community Development Director
_________________
Caryn Gardner-Young, AICP
Attachments:
Elevations created by Cotleur & Hearing and dated
9/8/23
Site Plan created by Urban Design Kilday Studios and
dated 9/8/23
Clopay Garage Door pictures dated 8/31/23 (P1-4)
Public Notice:
[ X] Required
[ ] Not Required
Dates:
Paper:
Mailing
[ X] Required
[ ] Not Required
Notice Distance: 500’
I. Executive Summary
The applicant is proposing to add an indoor and outdoor bar area within the north façade for a
six seat outdoor seating area. This requires the applicant to open up the wall to include a pass-
through window.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT AND RECOMMENDATION
PUD-2023-004 Page 2 of 7 635 US Highway 1
II. Site Data
Existing Use: Vacant
Parcel Control Numbers: 68-43-42-16-34-002-0000
Legal Description: POETS WALK MEMORY CARE TR B K/A FUTURE DEVELOPMENT
Parcel Size: .27 acres
Existing Future Land Use Designation: Commercial
Existing Zoning District: Commercial – Mixed Use (C-MU)
III. Background
Approved in 2017, the subject 6,000 square foot building reserved for restaurant/retail/office use
lies within the commercial outparcel within the previously approved Commercial PUD (CPUD)
in conjunction with the adjacent 37,404 square foot Memory Care facility. Construction of the
subject building was completed in 2022; however, all applicable permits have been applied for in
preparation of future tenant Desano Pizzeria occupying the northernmost tenant space. A series of
five (5) waivers were approved by the Village Council as part of the final CPUD approval, which
are as follows:
A. A waiver from Section 27- 64 of the Village Code of Ordinances to eliminate trees required for
the north buffer spaced at one (1) for every seventy- five (75) lineal feet of landscape buffer. No
trees shall be planted within the north landscape buffer adjacent to the courtyard (spacing
requirements will be modified as depicted on the Landscape Plan).
B. A waiver from Section 45- 32(E)7 of the Village Code of Ordinances to provide a total of
seventy- eight (78) parking spaces where one hundred and fifty (150) parking spaces are required.
C. A waiver from Section 45- 36(D) of the Village Code of Ordinances to provide for a wall eight
(8) feet in height adjacent to the outdoor courtyard. The Code limits the height of walls and fences
to six (6) feet.
Table 1: Surrounding Existing Land Use, Future Land Use, Zoning District:
Direction Existing Land Use Future Land Use Zoning District
North Memory Care Commercial Commercial – Mixed Use (C-MU)
South Atrium Office Condominium Commercial Commercial – Mixed Use (C-MU)
East North Cove Office Building Commercial Commercial – Mixed Use (C-MU)
West Memory Care Commercial Commercial – Mixed Use (C-MU)
PUD-2023-004 Page 3 of 7 635 US Highway 1
D. A waiver from Section 45- 32(D) of the Village Code of Ordinances to allow for a front setback
of ten (10) feet for placement of the commercial outparcel building. The Code requires a front
setback of fifty (50) feet.
Pursuant to Ordinance No. 2017-07, The Village Council may approve minor modifications to the
CPUD by resolution without the necessity of review by the Planning Commission. It should be
noted that this request meets all applicable standards set forth in the Ordinance to be deemed a
minor modification.
The subject +/-0.27-acre parcel is located on the west side of U.S. Highway One, south of
Lighthouse Drive and north of Ebbtide Drive. The subject parcel is within the C-MU (Commercial
Mixed-Use Zoning District) pursuant to the Village Zoning map and the C (Commercial) Future
Land Use designation pursuant to the Village Future Land Use map. The property address is 635
U.S. Highway One, North Palm Beach, FL 33408.
IV. Applicable Code Provisions:
Section 45.35-1 Planned Unit Development
Section IV Criteria for Appearance D. Building Design
V. Summary of Proposed Site Plan and Appearance Details:
The petitioner's Planned Unit Development Amendment documents consists of:
1. Elevations created by Cotleur & Hearing and dated 9/8/23
2. Site Plan created by Urban Design Kilday Studios and dated 9/8/23
3. Clopay Garage Door pictures dated 8/31/23 (P1-4)
VI. Staff Analysis:
The petition is for Planned Unit Development Amendment approval to add an indoor and outdoor
bar area within the north façade including a six seat outdoor seating area.
Standards and Staff Findings:
Section 45.35-1 Planned Unit Development
1. Harmony: The proposed use or uses shall be of such
location, size and character as to be in
harmony with the appropriate and orderly
development of the zoning district in which
situated and shall not be detrimental to the
orderly development of adjacent zoning
districts. The applicant is not proposing a
new use but improving an existing use by
PUD-2023-004 Page 4 of 7 635 US Highway 1
adding an indoor and outdoor bar area.
The original approval of the site included
an outdoor seating area which is not being
affected; consequently, the proposed use
is in harmony with the existing approvals
and the zoning district.
2. Traffic/Neighborhood Impacts: The location and size of the proposed use or
uses, the nature and intensity of the principal
use and all accessory uses, the site layout
and its relation to streets giving access to it,
shall be such that traffic to and from the use
or uses, and the assembly of persons in
connection therewith, will not be hazardous
or inconvenient to the neighborhood nor
conflict with the normal traffic of the
neighborhood. The applicant is not
proposing a new use but improving an
existing use by adding an indoo r and
outdoor bar area. The original approval
of the site included an outdoor seating
area so it was expected that an assembly
of persons would occur. The area will be
buffered and will not conflict with the
neighborhood or traffic.
2. Building Modifications: The location and height of buildings, the
location, nature and height of walls and
fences, and the nature and extent of
landscaping of the site shall be such that they
will not hinder or discourage the proper
development and use of adjacent land and
buildings nor impair the value thereof. The
applicant is not proposing adding walls,
additional height to any building or a
fence except as previously approved .
Landscaping was approved through the
original PUD approval so the outdoor
seating area was taken into consideration
The proposed modification will not
hinder or discourage the proper
development or use of adjacent land and
buildings nor impair the value.
2. Density/Open Space: The standards of density and required open
space in the proposed project are at least
equal to those required by this ordinance in
PUD-2023-004 Page 5 of 7 635 US Highway 1
the zoning district in which the proposed
project is to be located, except as may be
permitted for key redevelopment sites
through subsection 45 -35.1.VIII. The
applicant is not impacting density or open
space.
2. Proposed Uses: There shall be no uses within the proposed
project which are not permitted uses in the
zoning district in which the proposed project
is to be located. The applicant is not
proposing any changes to the original use ,
and restaurants are permitted in a C -MU
Zoning District.
Section IV Criteria for Appearance D. Building Design
1. Building Design: Building colors shall be harmonious, with
bright or brilliant colors used only for
accent. The applicant will be using th e
same existing building and window colors
for the proposed work.
2. Building Design: Materials shall be selected for suitability to
the type of buildings and have the same
materials, or those which are architecturally
harmonious, used for all building walls and
other exteriors building components wholly
or partly visible from the public wa ys and
adjoining properties. The materials used
will be suitable for their use since they will
be the same existing building materials.
VII. Staff Recommendation:
Approval of SP-2023-0617 with the following conditions:
1. The most stringent requirements of Exhibit “A” Community Development Department
Report and Recommendation dated September 20, 2023, and strict compliance with the
Exhibits listed below, which are attached hereto and made part hereof as Exhibit “B”
a. Elevations created by Cotleur & Hearing and dated 9/8/23
b. Site Plan created by Urban Design Kilday Studios and dated 9/8/23
c. Clopay Garage Door pictures dated 8/31/23 (P1-4)
PUD-2023-004 Page 6 of 7 635 US Highway 1
2. The applicant is limited to only six (6) seats located in the outdoor bar seating area.
3. The site plan shall be revised as necessary to reflect all conditions of approval and re-
submitted prior to the issuance of building permits. (Planning and Zoning)
4. Non-compliance with any of the conditions of approval will result in withholding of the
issuance of building permits or a Certificate of Occupancy. (Planning and Building)
5. All advertisements and legal addresses on insurance policies and business correspondence
shall clearly state that the project is located within the “Village of North Palm Beach”.
(Planning and Zoning)
VILLAGE COUNCIL ACTION– October 12, 2023
Exhibit B
PUD-2023-004 Page 7 of 7 635 US Highway 1
Location Map
VILLAGE OF NORTH PALM BEACH
Country Club
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, CCM General Manager
DATE: October 12, 2023
SUBJECT: RESOLUTION – Accepting a proposal from Daniels Fence Corp. to Install New Fencing
at the NPBCC Tennis Center pursuant to pricing established in an existing Martin County
Contract and authorizing execution of Contract RFB2023-3516.
Background:
NPBCC Tennis Center Fencing is 25+ years of age and structurally obsolete. All of the main support posts
have rusted throughout causing the top and bottom rails to sag which results in rails and mesh impending on
the court surface, which has a negative effect on drainage. Staff has had several vendors out to inspect the
fencing and all have recommended replacement due to age and failure of the fence posts, rails, mesh, braces
and gates.
Daniels Fence Corp. has presented a proposal to replace and install new fencing around the tennis courts
of the NPBCC Tennis Center. The proposed purchase, removal and disposal of existing fence, and
installation of new fence and gates, carries a total cost of $235,890
Pricing:
The proposal from Daniels Fence Corp. is pursuant to pricing established in an existing contract with
Martin County (Contract No. RFB-2023-3516), expiring August 22, 2026. The Village’s purchasing
policies and procedures authorize concurrent competitive purchasing on other state and local
government contracts. Two additional quotes were obtained from qualified vendors to verify “fair market
value” as required by the Village’s purchasing policies and procedures. While the other quotes were
lower in cost, one excluded the removal and disposal costs of the existing fence and gates from their
proposals and the other charged administration fees. Daniels Fence, Corp., has an excellent reputation
and Staff believes that they are the superior choice for the Village’s fencing needs at the NPBCC Tennis
Center.
Funding:
Staff is seeking to utilize funds from L8050-66210 (Tennis Construction & Major Renovation) to purchase
and install a new tennis fencing system in accordance with Village policies and procedures. $150,000
was transferred from the Village Special Projects fund to the country club for this project. A budget
amendment will be prepared at year-end if necessary for additional expenses incurred.
Account Information:
Fund Department Account
Number Account Description Amount
Enterprise
Fund
Country Club
Tennis L8050-66210 Construction & Major
Renovation $235,890
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village
Attorney.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution Accepting
a proposal from Daniels Fence Corp. to install new fencing around the NPBCC Tennis Courts
utilizing pricing established in an existing Martin County Contract at a total cost not to exceed
$235,890, with funds expended from Account Number L8050-66210 (Tennis – Construction &
Major Renovations), and authorizing the Mayor and Village Clerk to execute a Contract for such
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 DANIELS FENCE
CORP FOR THE REMOVAL, DISPOSAL AND REPLACEMENT OF FENCING AT
THE NORTH PALM BEACH COUNTRY CLUB TENNIS CENTER PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING MARTIN COUNTY AGREEMENT
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the tennis court fencing at the North Palm Beach Country Club Tennis Center is in need of
replacement; and
WHEREAS, Village Staff recommended that a Contract be awarded to Daniels Fence Corp pursuant to
pricing established in an existing Agreement for Countywide Fencing with Martin County (RFB2023-
3516); and
WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver
of any conflicting purchasing policies and procedures, is in the best interests of the citizens and residents
of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with Daniels Fence Corp for the removal
and disposal of existing fencing and the installation of new fencing at the North Palm Beach Country
Club Tennis Center pursuant to pricing established in an existing Agreement for Countywide Fencing
with Martin County (RFB2023-3516) and authorizes the Mayor and Village Clerk to execute the
Contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total
cost of this Contract shall not exceed $235,890.00, with funds expended from Account No. L8050-66210
(Tennis – Construction and Major Renovation).
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 DANIELS FENCE CORP, a Florida
corporation (hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to remove and dispose of the existing fencing
at the North Palm Beach Country Club Tennis Center and install new fencing and gates; and
WHEREAS, Martin County, through its competitive selection process, awarded an Agreement for
Countywide Fencing (RFB2023-3516) (“Martin County Agreement”) to CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on
the pricing established in the Martin County Agreement; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the Martin County Agreement,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. Martin County Agreement. The Martin County Agreement for Countywide Fencing
(RFB2023-3516) (“Martin County Agreement”) with CONTRACTOR, attached hereto as Exhibit
“A,” is incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the Martin County Agreement and at the
direction of the VILLAGE, CONTRACTOR shall perform the services in accordance with its
Proposal dated September 22, 2023, a copy of which is attached hereto as Exhibit “B” and
incorporated herein by reference.
B. The total cost of such services shall not exceed Two hundred thirty-five thousand eight
hundred ninety dollars and no cents ($235.890.00).
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE
to CONTRACTOR to proceed and shall be completed within one hundred and twenty (120) days
of the VILLAGE’s issuance of the notice to proceed.
Page 2 of 6
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (Martin County Agreement)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior
written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE’s representative, indicating that goods and services have been
provided and rendered in conformity with this Contract, and they then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the Martin County Agreement. Extensions
or renewals to the Martin County Agreement or any modification including new products, terms, or
price changes to the Martin County Agreement shall be submitted by CONTRACTOR to the
VILLAGE for approval. In the event the Martin County Contract expires and no new contract is let
by Martin County, the VILLAGE reserves the right, upon written agreement with CONTRACTOR
to renew this Contract under the same terms and conditions for an additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten
(10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon
providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR
waives any claims for damages from such termination, including, but not limited to, loss of anticipated
profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay
CONTRACTOR for work performed and accepted through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the Martin County Agreement, with the VILLAGE named as an additional
insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
Page 3 of 6
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
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.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply
with all applicable federal, state and local laws, regulations and ordinances, including, but by no
means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the Martin County Agreement,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and completion
of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The 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.
12. Payment and Performance Bond. As required by Section 255.05(1), Florida Statutes,
CONTRACTOR shall record in the public records a statutory payment and performance bond prior
to commencing the work.
13. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties
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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.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto. Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. 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.
H. 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.
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In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible with the information
technology systems of the VILLAGE.
I. 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.
DANIELS FENCE CORP
By:
Print Name:__________________________
Position:_____________________________
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VILLAGE OF NORTH PALM BEACH
By: ________________________________
DAVID NORRIS
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
All Types and Styles •Commercial • Residential • Electric Gate Systems
Licensed • Bonded • Insured
September 22, 2023
Proposal
North Palm Beach
Attn: Beth Davis
Project Name: Tennis Court Replacement – Sleeved Post
10’ High Black Chain Link Fence: To furnish and install 2,340’ of 10’ high
black chain Link fence, 60’ of 12’ high fence on the north court on the west
side only and 160’ of 3ft. high fence; includes four (4) 3’ x 7’ high double-
swing gate with 36” high overhead transom, using the following materials.
1.) 10’, 8 ga., 1 ¾” mesh fabric k/k
2.) 3” Terminal Post (lg40) wit 2 ½” sch.80 post sleeved inside and fill ed with setting agents
3.) 2 ½” Line Post (lg40) with 2” sch.80 post sleeved inside and fill ed with setting agents
4.) 1 5/8” top & bottom rail (lg40)
5.) All other necessary accessories
Total…………………….. $ 235,890.00
Note:
All concrete & paver repairs by others (very little damage doing it this way)
Price includes the removal & disposal of existing fence and gates
*Note:
Price does not include permit or runner’s fee
Price does not include performance & payment bonds
Price does not include clearing, backfill, compaction, grubbing or grading
Price does not include survey or staking of fence line
Daniels Fence will not be held liable for unmarked private utilities (located by others)
Price does not include signed and sealed drawings with calculations
Price good for 10 day
Thank you,
Thomas Kahrhoff
Estimator/Project Manager
2700 Market Place •Stuart, Fl. 34997 • Phone: 772-283-2383 • Fax: 772-283-2565
E-Mail: Tom@DanielsFence.com – License # PBC –U-20941
Martin County Board of County Commissioners Contract: Contract Number RFB2023-3516
Materials:
10Ft. High Black Chain Link with Top & Bottom Rail: 2,340ft. x 41.00 per ft…….$ 95,940.00
12Ft. High Black Chain Link with Top & Bottom Rail: 60ft. x 44.00 per ft………$ 2,640.00
3 ft. High Black Chain Link with Top & Bottom Rail: 160ft. x 26.25 per ft………$ 4,200.00
10Ft. High Black Chain Link Corner Post with Braces: (24) x 480.00…………….$ 11,520.00
12Ft. High Black Chain Link Corner Post with Braces: (2) x 525.00…………….$ 1,050.00
Gates: To install (4) 4’ x 10’ High Black Chain Link Gates (4) x 2,675.00…….$ 10,700.00
Total……………………$ 126,050.00
Labor: 10’, 12’ & 3’ Fence Install Labor….(310) labor hours x 110.00 per hour…$ 34,100.00
Fence Removal Labor: (125) labor Hours at 110.00 per hour…..$ 13,750.00
Sch.80 Additional Parts:
Sch.80 Materials for Internal Post……..$ 22,404.00 x 51% …11,426.04…….$ 33,830.04
Sch. 80 Labor: 256 Labor hours at $110.00 per hour…………………….$ 28,160.00
Material and Labor Total for Sch.80 Internal Post……….$ 61,990.00
Total…………………….$ 235,890.00
*Note:
Price does not include permit or runner’s fee
Price does not include performance & payment bonds
Price does not include clearing, backfill, compaction, grubbing or grading
Price does not include survey or staking of fence line
Daniels Fence will not be held liable for unmarked private utilities (located by others)
Price does not include signed and sealed drawings with calculations
Price good for 10 days
Thank you,
Thomas Kahrhoff
Estimator/Project Manager
2700 Market Place •Stuart, Fl. 34997 • Phone: 772-283-2383 • Fax: 772-283-2565
E-Mail: Tom@DanielsFence.com – License # PBC –U-20941
Page 1 of 45 RFB2023-3516
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This document may be reproduced upon request in an alternative format by contacting the County ADA
Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by
completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback
AGREEMENT BETWEEN COUNTY AND CONTRACTOR
FOR CONSTRUCTION SERVICES
THIS AGREEMENT, effective this 22nd day of August in the year, 2023, between:
MARTIN COUNTY, a political subdivision of the State of Florida, through its BOARD OF
COUNTY COMMISSIONERS (hereinafter COUNTY), located at 2401 S.E. Monterey Road,
Stuart, FL 34996
AND the CONTRACTOR: Daniels Fence Corp.
(hereinafter CONTRACTOR) 2700 SE Market Place
Stuart, FL 34997
Contract Name: Countywide Fencing
Contract Number: RFB2023-3516
Not to Exceed Amount: $1,750,000.00
(to all vendors combined over maximum 5 years)
Contract Term: Three (3) years plus two (2) 1-year renewal options
Not to exceed 5 years
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INDEX
Article 1: Definitions
Article 2: Work / Preliminary Requirements
Article 3: Contract Price
Article 4: Contractor Responsibilities
Article 5: Payment
Article 6: Time of Performance
Article 7: Liquidated Damages
Article 8: Claims for Additional Time
Article 9: Site Conditions
Article 10: Indemnification
Article 11: Termination
Article 12: Suspension of the Work
Article 13: Changes in the Work
Article 14: Materials, Equipment, and the Workmanship; Substitutions
Article 15: Compliance
Article 16: Non-Discrimination
Article 17: Defective Work
Article 18: Bonds and Insurance
Article 19: Performance Guarantee and Warranty
Article 20: Shop Drawings, Product Data and Samples
Article 21: Safety
Article 22: Protection of the Work and Property
Article 23: Tests and Inspections
Article 24: Utility Coordination
Article 25: Hazardous Materials
Article 26: Audit
Article 27: Public Records
Article 28: Assignment
Article 29: Attorney’s Fees and Court Costs
Article 30: Notices
Article 31: Resolution of Claims and Disputes; Certified Claims
Article 32: Miscellaneous
Exhibit A: Scope of Services
Exhibit B: Sample Work Order
Exhibit C: Contractor’s Unit Price Bid
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ARTICLE 1
DEFINITIONS
Wherever used in the Contract Documents and printed with initial or all capital letters, the terms
listed below will have the meanings indicated which are applicable to both the singular and plural
thereof.
1.1 Actual Costs. The real Project costs attributable to:
A. labor, including social security, insurance, fringe benefits required by Agreement or
custom, and workers’ compensation insurance;
B. materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
C. rental machinery and equipment, exclusive of hand tools, whether rented from the
CONTRACTOR or others;
D. premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and
E. field supervision and field office personnel directly attributable to the charge, exclusive
of the cost of estimating, contract administration, and purchasing.
1.2 Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the Contract Documents.
1.3 Agreement. The written instrument which is evidence of the Agreement between the
COUNTY and the CONTRACTOR covering the Work. Also referred to as “Contract”.
1.4 Bid Package. The Bid Advertisement, Instructions to Bidders, all Addenda, the Bonds,
the Notice of Award, and the Notice to Proceed.
1.5 Bonds. The performance bond and payment bond and other instruments of security,
furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and
in accordance with the laws of Florida.
1.6 Change Order. A written document, which is signed by the CONTRACTOR and the
COUNTY, that authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
1.7 Claim. Any action, change order, demand, invoice, lawsuit, request, or statement, for
money, property, or services made to any agent, employee, or officer of the County. Claim does
not include tort claims as that term is used in Section 768.28(5), Fla. Stat., as amended from
time to time.
1.8 Contract Documents. The documents that establish the rights and obligations of the parties
and include the following:
A. the Agreement (including Exhibits);
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B. the CONTRACTOR’s entire completed Bid Package;
C. the Design Documents;
D. the Bid Package; and
E. the approved submittals, and other documents provided by, through, or under the
CONTRACTOR that fix, depict, and/or describe the size, quality and character of the
Project; however, Approved Shop Drawings and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
1.9 Contract Price. The monies paid to the CONTRACTOR under the Contract Documents.
1.10 Contract Times. The number of days or the dates stated in the Agreement to: (A) achieve
Substantial Completion; and (B) complete the Work so that it is ready for final payment as
evidenced by the COUNTY’s written recommendation of final payment.
1.11 CONTRACTOR. The individual or entity with whom the COUNTY has entered into this
Agreement.
1.12 Day. A calendar day unless noted otherwise.
1.13 Drawings. That part of the Contract Documents prepared or approved by an engineer that
graphically shows the scope, extent, and character of the Work to be performed by the
CONTRACTOR (Shop Drawings or other the CONTRACTOR submittals are not Drawings). Also
referred to as Construction Plans.
1.14 Effective Date of the Agreement. The date indicated in the Agreement on which it becomes
effective (if no such date is indicated, the date on which the Agreement is signed and delivered by
the last of the two parties).
1.15 Field Order. A written order issued by the COUNTY that requires minor changes in the
Work and may involve a minor change in the Contract Price or the Contract Time.
1.16 Final Completion or Final Acceptance. The completion of all the Work called for under the
Contract Documents, including, but not limited to:
A. satisfactory operation of all equipment supplied by the CONTRACTOR;
B. correction of all punch list items to the satisfaction of the COUNTY;
C. payment of all trade contractors, subcontractors, and materialmen;
D. settlement of all claims, if any;
E. payment and release of all mechanic's, materialmen's, and similar liens;
F. delivery of all guarantees, equipment operation and maintenance manuals, Record
Drawings, required certificates, and all other required approvals and acceptances
by any municipality within Martin County, Martin County itself, the State of Florida
or other authorities or agencies having jurisdiction; and
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G. removal of all rubbish, tools, scaffolding, and surplus materials and equipment from
the Work site.
1.17 Notice to Proceed. A written notice given by the COUNTY to the CONTRACTOR fixing the
date on which the Contract Times will commence and on which the CONTRACTOR shall start to
perform the Work under the Contract Documents.
1.18 Project Manager. The individual appointed by and acting on behalf of the COUNTY for the
duration of the Project; the individual that is responsible for receiving the Applications for Payments
from the CONTRACTOR on behalf of the COUNTY.
1.19 Public Record. All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business between the COUNTY and the
CONTRACTOR.
1.20 Samples. Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
1.21 Shop Drawings. All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for the CONTRACTOR and
submitted by the CONTRACTOR to illustrate some portion of the Work.
1.22 Specifications. That part of the Contract Documents consisting of written technical
descriptions of materials, equipment, systems, standards, and workmanship as applied to the
Work and certain administrative details applicable thereto.
1.23 Substantial Completion. For the purpose of this Agreement, and for the compliance of
those procedures, duties and obligations as set forth in the Florida Statutes’ “Local Government
Prompt Payment Act”, the term “Substantial Completion” is defined as that point where the
COUNTY is able to enjoy beneficial occupancy of the Work and where the Work has achieved
that level of completion such that the COUNTY is able to utilize the entire the Project for its
intended purposes, including but not limited to the completion of all specified systems and items
relating to life, safety and regulatory use, with the exception of incidental or incomplete items
except where a lack of completion of such incidental or incomplete items of the Work will
adversely affect the complete operation of other areas of the Work. Additional conditions (if any)
needed to achieve Substantial Completion of the Work and which are project specific as set forth
in Exhibits (if any). The Project should be completed to the point that the Work can be utilized
for the purposes for which it was intended, as well as the satisfaction of the following
requirements: (A) the items that affect operational integrity and function of the Project must be
capable of continuous use; (B) all permits and other regulatory requirements must be satisfied;
and (C) where required, a Certificate of Occupancy must be issued.
1.24 Superintendent. The individual appointed by and acting on behalf of the CONTRACTOR,
as approved by the COUNTY, for the duration of the Project.
1.25 Surety. The corporate body that is responsible for the CONTRACTOR in connection with
the Work as set forth in the Bonds and that is included in the most recent United States
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Department of the Treasury List of Acceptable Sureties and authorized to issue surety bonds in
Florida, and which maintains a surety rating of “A-” or better.
1.26 Underground Facilities. All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, water, wastewater, storm water,
other liquids or chemicals, or traffic or other control systems.
1.27 Unit Price Work. Services as defined in each individual Work Order to be paid for in
accordance with the unit prices indicated in CONTRACTOR’s bid.
1.28 Work Order. A formal document that is dated, serially numbered, and executed by both
the COUNTY and the CONTRACTOR in response to COUNTY’s request for proposal, by which
COUNTY accepts CONTRACTOR's proposal for specific Services and CONTRACTOR
indicates a willingness to perform such specific Services under the terms and conditions
specified in this AGREEMENT.
ARTICLE 2
WORK / PRELIMINARY REQUIREMENTS
2.1 The CONTRACTOR agrees to furnish and complete all authorized and approved work,
materials, supplies, tools, furnishings, fixtures, labor, services, equipment, site development,
permitting, regulatory matters, environmental mitigation, traffic control, accounting, coordination,
and construction of the Project, more specifically described in the Design Documents, as
applicable.
2.2 The CONTRACTOR shall be responsible to produce a color audio-visual recording of the
Project site prior to construction and upon completion of construction. The CONTRACTOR shall
provide the audio-visual recordings on a DVD or USB Flash Drive/Thumb Drive. The purpose of
the audio-visual recording is to document the condition of the Project site prior to construction
with attention focused on the existence of any faults, fractures, or defects. Therefore, the
recording shall be produced by a skilled videographer that is regularly engaged in the production
of pre-construction recordings. The video recording shall be produced with sharp picture and
accurate colors and shall be free of vibrations, distortion, or other significant picture
imperfections; it shall be recorded during daylight hours and when the Project site is free of
debris or obstructions. The pan rate, rate of travel, camera height, and zoom rate shall be
maintained steady and clear at all times. The audio commentary shall be produced with proper
volume and clarity and shall be free of distortion; it shall be simultaneously recorded with the
video to assist the COUNTY with the orientation, location, identification, and description of the
recorded features that are included in or adjacent to the Project site, which include, but are not
limited to: (A) each side of the roadways; (B) sidewalks, bicycle paths, and other modes of
transportation facilities; (C) buildings, walls, retaining walls, and seawalls; (D) elements of the
stormwater management system, including ponds, culvert ends, and visible drainage structures;
and (E) landscaping/trees, visible components of the irrigation system, and fencing.
2.3 Prior to the issuance of the Notice to Proceed, the COUNTY shall schedule a pre-
construction meeting with the CONTRACTOR. At the pre-construction meeting, the
CONTRACTOR shall submit for the COUNTY’s review its audio-visual recording of the Project
site, the proposed Critical Path Method (CPM) Schedule, the Final Schedule of Values,
personnel and subcontractor lists, and the proposed mobilization requirements. It is the intent
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of the pre-construction meeting to ensure that the Project Manager and the Superintendent have
a clear understanding of the proposed Work and the requirements of this Agreement and to
establish the appropriate Date of Commencement, which may or may not coincide with the date
of the pre-construction meeting.
2.4 The Date of Commencement of the Work shall be the date indicated in the Notice to
Proceed. The Notice to Proceed shall be issued by the Project Manager after the
CONTRACTOR has delivered to the COUNTY the executed Agreement together with the Bonds
and Insurance Certificates required in accordance with the Agreement and the Martin County
Board of County Commissioners has approved this Agreement. No Work shall be performed by
the CONTRACTOR or its Professionals, subconsultants, or subcontractors, and no irrevocable
commitments to vendors shall be made prior to the Date of Commencement, at which time, the
CONTRACTOR may commence to perform the Work.
2.5 Requirement to E-Verify. As a condition precedent to entering into this
AGREEMENT, and in compliance with Section 448.095, Fla. Stat., Contractor and its
subcontractors shall, register with and use the E-Verify system to verify work authorization status
of all employees hired after January 1, 2021.
A. Contractor shall require each of its subcontractors to provide Contractor with an
affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s
affidavit as part of and pursuant to the records retention requirements of this
AGREEMENT.
B. The COUNTY, Contractor, or any subcontractor who has a good faith belief that a
person or entity with which it is contracting has knowingly violated Section 448.09(1),
Fla. Stat., or the provisions of this section shall terminate the contract with the person
or entity.
C. The COUNTY, upon good faith belief that a subcontractor knowingly violated the
provisions of this section, but Contractor otherwise complied, shall promptly notify
Contractor and Contractor shall immediately terminate the contract with the
subcontractor.
D. A contract terminated under the provisions of this section is not a breach of contract
and may not be considered such. Any contract termination under the provisions of this
section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor
acknowledges that upon termination of this AGREEMENT by the COUNTY for a
violation of this section by Contractor, Contractor may not be awarded a public
contract for at least one (1) year. Contractor further acknowledges that Contractor is
liable for any additional costs incurred by the COUNTY as a result of termination of
any contract for a violation of this section.
E. Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses
set forth in this section, including this subsection, requiring the subcontractors to
include these clauses in any lower tier subcontracts. Contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in this section.
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ARTICLE 3
CONTRACT PRICE; TERM
3.1 The COUNTY shall pay the CONTRACTOR for the performance of Work outlined in each
individual Work Order issued in accordance with the Contract Documents, the fixed Contract
Price outlined in each individual Work Order, based on the unit costs in the Bid. The obligations
of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated
for the Project by the COUNTY.
3.2 The CONTRACTOR fully understands that the Lump Sum and/or Unit Price for all items
includes a sufficient allowance for the completion of all Work associated with the Project, as
depicted in the Contract Documents, including, but not limited to, all profit and overhead,
incidentals, all labor, supervision, testing, County inspections, machinery, equipment, tools,
utility coordination, clean up, and other means of construction necessary to complete the Work
in accordance with all applicable regulatory agencies.
3.3 Term. This Agreement shall be in effect from the effective date listed on page 1 of this
Agreement.
3.4 The Two 1-Year Renewal Options. As stated on page 1 of this Agreement, there are two
1-year renewal options. Specifically, the COUNTY may, or may not, in its sole discretion,
exercise the option of renewing this Agreement for one additional year on or before the end of
the Contract Term, and if the County exercises its option of renewing this Agreement for one
additional year, at or before the expiration of the additional year, the COUNTY may, or may not,
in its sole discretion, exercise the option of renewing this Agreement for another year. Nothing
herein shall be construed to mean CONTRACTOR is entitled or has a legal right to a renewal.
This Agreement shall expire on the last day of the Contract Term or after the first or second
additional year as applicable. This Agreement may be extended subject to execution of a written
agreement between the COUNTY and CONTRACTOR for up to 90 additional days beyond the
term and agreed upon renewal options. This option shall be exercised only if all prices, terms
and conditions remain the same, or decrease.
ARTICLE 4
CONTRACTOR RESPONSIBILITIES
4.1 CONTRACTOR represents that it has familiarized itself with, and assumes full
responsibility for having familiarized itself with, the nature and extent of the Contract Documents,
specifications set forth in each Work Order, Work, locality, and with all local conditions and
federal, state and local laws, ordinances, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with
the requirements of the Contract Documents. CONTRACTOR also represents that it has studied
all surveys and investigation reports of subsurface and latent physical conditions referred to in
the Specifications and made such additional surveys and investigations as it deems necessary
for the performance of the Work at the Contract Price in accordance with the requirements of
the Contract Documents and that it has correlated the results of all such data with the
requirements of the Contract Documents.
4.2 The CONTRACTOR shall give all notices and comply with all municipal, local, state and
federal laws, ordinances, codes, rules, licenses, and regulations applicable to the Work. If the
CONTRACTOR observes that any of the Agreement is contradictory to such laws, rules, and
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regulations, it shall notify the Project Manager promptly in writing. If the CONTRACTOR
performs any the Work that it knows or should have known to be contrary to such laws,
ordinances, rules, and regulations, it shall bear all related costs.
4.3 The CONTRACTOR understands and acknowledges that all documents and materials
provided with the Request for Bid (RFB) package and any addenda are general and preliminary,
and that the CONTRACTOR shall not rely on the accuracy or completeness thereof. The
CONTRACTOR acknowledges that its duties hereunder shall not be excused or discharged in
any respect based on the incompleteness or inaccuracy of any such documents or materials.
4.4 The CONTRACTOR shall be responsible to the COUNTY for acts and omissions of the
CONTRACTOR and the CONTRACTOR’s agents, employees, professionals, subconsultants,
subcontractors, and all other parties performing the Work by, though, and under the
CONTRACTOR.
4.5 The CONTRACTOR shall be responsible for the management, coordination and
supervision of all construction means, methods, techniques, sequences, and procedures for
completion of the Work.
4.6 The CONTRACTOR agrees to bind specifically every professional, subconsultant and
subcontractor to the applicable terms and conditions of the Agreement, for the benefit of the
COUNTY.
4.7 The CONTRACTOR represents that it is fully experienced and properly qualified to
perform the Work under the Contract Documents and that it is properly licensed, equipped,
organized, and financed to perform such the Work.
4.8 The CONTRACTOR shall act as an independent contractor and not as the agent of the
COUNTY. The CONTRACTOR shall supervise and direct the Work and shall be solely
responsible for the means, methods, techniques, sequences, and procedures of construction
subject to compliance with the Contract Documents.
4.9 The CONTRACTOR shall employ and maintain a full-time on-site Superintendent who
shall have been designated in writing by the CONTRACTOR and pre-approved by the COUNTY.
The Superintendent shall be dedicated to this the Project full time and shall have full authority to
act on behalf of the CONTRACTOR. The superintendent shall be capable of properly
interpreting the Contract Documents and be thoroughly experienced in the type of work being
performed. The Superintendent shall have full authority to receive instructions from the Engineer
and to execute the orders or directions of the Engineer, including promptly supplying any
materials, tools, equipment, labor, and incidentals that may be required. A Superintendent shall
be provided regardless of the amount of work sublet. The Superintendent shall speak and
understand English, and the CONTRACTOR shall maintain at least one other responsible
person who speaks and understands English, on the project during all working hours. All
communications given to the Superintendent shall be as binding as if given to the
CONTRACTOR. Copies of written communications given to the Superintendent of the
CONTRACTOR shall be mailed to the address set forth in the Agreement for notices. Nothing
contained herein shall be construed as modifying the CONTRACTOR's duty of supervision and
fiscal management as provided by Florida law. The COUNTY shall have the right of direct
removal of any Superintendent of the CONTRACTOR. Any change in the Superintendent of the
CONTRACTOR assigned to the Project shall be subject to the COUNTY’s prior written approval.
The Superintendent shall have full authority to receive instructions from the Owner and/or
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Engineer, and to execute the orders or directions of the Owner and/or Engineer, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
The Superintendent shall provide such superintendence regardless of the amount of work sublet.
4.10 The CONTRACTOR shall perform at least 30% (thirty percent) of the total amount of the
Work in-house. The foregoing 30% (thirty percent) is exclusive of general conditions and
material ordered for work performed by sublets.
4.11 The CONTRACTOR shall not employ any subcontractor or Consultant against whom the
COUNTY may have reasonable objection in the COUNTY’S sole discretion.
4.12 The CONTRACTOR represents to the COUNTY that the CONTRACTOR (and its officers,
directors, partners, or shareholders holding ten 10% (ten percent) or more of the outstanding
stock of the CONTRACTOR), does not have any financial interest in or with (i.e. is not an officer,
director, partner or 10% (ten percent) plus shareholder) any person, entity, subcontractor,
consultant, design professional, materialmen, supplier, or any other subcontractor performing
the Work or the Project. The CONTRACTOR agrees to obtain prior written consent from the
COUNTY before entering into any agreement on this the Project in which it has a common
financial interest.
4.13 The CONTRACTOR shall keep on-site one record copy of all Drawings, Specifications,
Addenda, Modifications, and Shop Drawings that is annotated to show all changes made during
the construction process. Final acceptance of the Work will be withheld until all such
modifications have been properly inserted electronically into the design documents, thus
creating Record Drawings, and the Record Drawings are accepted by the COUNTY.
4.14 The CONTRACTOR shall provide the COUNTY two copies of the Record Drawings
verifying the as-built conditions for all installed and constructed components of the Work,
including, but not limited to, the surface water management, traffic control, lighting, water
distribution, and wastewater collection systems. The Record Drawings, which shall be signed
and sealed by a Professional Engineer or Surveyor and Mapper, licensed in the State of Florida,
must demonstrate to the Project Manager that the Project components were constructed in
substantial conformance with the approved Construction Plans and applicable permits and that
the Project will function as designed and intended. The Record Drawings must be certified
based on an As-Built Survey prepared in accordance with the Standards of Practice established
in Florida Administrative Code (FAC) 5J-17.051 and 5J-17.052. If the Project Manager
determines that the as-built conditions of one or more components are not constructed in
substantial conformance with the approved Construction Plans or that the Record Drawings do
not sufficiently demonstrate conformance with the Construction Plans, one set of the Record
Drawings will be returned to the CONTRACTOR that identify the deficient component(s) of the
Work. The CONTRACTOR shall correct the component(s) or the Record Drawing in the
timeframes set forth in Article 6 of this Agreement. Upon acceptance by the Project Manager,
the CONTRACTOR shall provide the COUNTY with one (1) copy of the Record Drawings
electronically in AutoCAD® and Adobe Acrobat®. The Adobe Acrobat® file shall be a replica of
the signed and sealed Record Drawing. Unless the COUNTY agrees otherwise in writing, the
Adobe Acrobat® file shall be digitally signed by the Professional Engineer or Surveyor and
Mapper, licensed in the State of Florida.
4.15 The CONTRACTOR shall, at its expense, attend any and all meetings called by the
COUNTY to discuss the Work under the Agreement.
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4.16 The CONTRACTOR shall not establish and shall not allow its employees to engage in
any non-Project related commercial activities on the Project site.
4.17 The CONTRACTOR shall, at its expense, arrange for, develop, and maintain all utilities
required to execute the Work. Such utilities shall be furnished by the CONTRACTOR at no
additional cost to the COUNTY, including, but not be limited to: telephone service for the
CONTRACTOR's use; construction power; and potable water, and sanitary sewer. Prior to Final
Acceptance of the Work, the CONTRACTOR shall, at its expense, satisfactorily remove and
dispose of all temporary utilities developed to meet the requirements of the Agreement.
4.18 The CONTRACTOR shall be responsible for the proper control, maintenance, and detour
of traffic in the construction area, at all times during the course of the Work. Contractor shall
provide and maintain Temporary Traffic Control (TTC) / Maintenance of Traffic (MOT) by a
certified Advanced Work Zone Traffic Control officer. All traffic control and maintenance
procedures shall be in accordance with the requirements of the Florida Department of
Transportation, Martin County, or the local municipality, within their respective area of
jurisdiction. It shall be the CONTRACTOR’s responsibility, as Bidder, prior to submitting its Bid,
to determine the requirements of these agencies so that its Bid reflects all costs to be incurred.
No claims for additional payment will be considered for costs incurred in the proper control,
maintenance, detour of traffic. The CONTRACTOR shall notify all such agencies and the
COUNTY at least 7 (seven) days in advance of any traffic detour. No road closures will be
permitted unless approved by the COUNTY. The CONTRACTOR shall notify all such agencies
and the COUNTY at least 14 (fourteen) days in advance of any road closure.
4.19 The CONTRACTOR is responsible for adequate NPDES-compliant drainage at all times.
Existing functioning storm sewers, gutters, ditches, and other run-off facilities shall not be
obstructed. Stabilization measures, as defined by the State of Florida Department of
Environmental Protection Generic Permit For Stormwater Discharge from Large and Small
Construction Activities, as amended, shall be initiated as soon as practicable, but in no case
more than 7 days, in portions of the site where construction activities have temporarily or
permanently ceased.
4.20 The CONTRACTOR shall ensure that all fire hydrants on or adjacent to the Project shall
be kept accessible and no obstruction shall be placed within fifteen feet of any hydrant.
4.21 The CONTRACTOR shall ensure that heavy equipment is not operated close enough to
COUNTY assets or other structures to cause their displacement.
4.22 CONTRACTOR certifies that it and any of its affiliates are not scrutinized companies as
identified in Section 287.135, Fla. Stat. In addition, CONTRACTOR agrees to observe the
requirements of Section 287.135, Fla. Stat., for applicable sub-agreements entered into for the
performance of Work under this Agreement.
ARTICLE 5
PAYMENT
5.1 A Schedule of Values shall be approved by the COUNTY prior to the commencement of
the Work. The approved Schedule of Values will serve as the basis for progress payments and
will be incorporated into a form of Application for Payment acceptable to the COUNTY. Progress
payments on account of Unit Price Work will be based on the number of units completed.
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5.2 Applications for Payments
A. The CONTRACTOR shall submit to the COUNTY for review, an Application for
Payment filled out and signed by the CONTRACTOR covering the Work completed
as of the date of the Application and accompanied by such supporting documentation
as required by the Contract Documents. Such supporting documents shall include but
not be limited to: (i) a current release from the CONTRACTOR releasing all claims,
other than those previously submitted pursuant to Article 10 herein, through the date
of the Application for Payment; and (ii) a monthly dated Critical Path Method (CPM)
Schedule for the Project. Written consent from the surety in a form acceptable to the
County regarding the project or payment may be given in lieu of waivers. Submission
of this supporting documentation shall be a condition precedent to the
CONTRACTOR’s entitlement to receive payment. If payment is requested on the
basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the Site or at another location agreed to in writing, the Application
for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that the COUNTY has received the materials and equip-
ment free and clear of all Liens and evidence that the materials and equipment are
covered by appropriate property insurance or other arrangements to protect the
COUNTY’s interest therein, all of which must be satisfactory to the COUNTY.
B. Beginning with the second Application for Payment, each Application shall include:
(i) an affidavit by the CONTRACTOR stating that all previous progress payments
received on account of the Work have been applied on account to discharge the
CONTRACTOR’s legitimate obligations associated with prior Applications for Payment
and
(ii) a “Conditional Waiver of Right to Claim Against Payment Bond and Martin County”
completed by the CONTRACTOR and all subcontractors.
C. Pursuant to Section 255.078(1), Fla. Stat., the COUNTY will withhold from each
progress payment made to the CONTRACTOR the amount of 5% of the payment as
retainage. Pursuant to Section 255.078(3), Fla. Stat., the COUNTY may elect not to
pay or release any amounts (such as retainage) that are the subject of a good faith
dispute, the subject of a claim brought pursuant to Section 255.05, Fla. Stat., or
otherwise the subject of a claim or demand by the COUNTY or CONTRACTOR.
D. The Application for Final Payment shall be made after the CONTRACTOR has, in the
opinion of the COUNTY, satisfactorily completed all corrections identified during the
Final Inspection and has delivered, in accordance with the Contract Documents, all
maintenance and operating instructions, schedules, guarantees, Bonds, certificates or
other evidence of insurance certificates of inspection, and other documents.
E. The Application for Final Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the Contract Documents, including but
not limited to the evidence of insurance required; (ii) consent of the surety, if any, to final
payment; and (iii) complete and legally effective releases or waivers (satisfactory to the
COUNTY) of all Lien rights arising out of or Liens filed in connection with the Work.
F. In lieu of the releases or waivers of Liens and as approved by the COUNTY, the
CONTRACTOR may furnish receipts or releases in full and an affidavit of the
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CONTRACTOR that: (i) the releases and receipts include all labor, services, material,
and equipment for which a Lien could be filed; and (ii) all payrolls, material and
equipment bills, and other indebtedness connected with the Work for which the
COUNTY or the COUNTY's property might in any way be responsible have been paid
or otherwise satisfied. If any subcontractor or supplier fails to furnish such a release or
receipt in full, the CONTRACTOR may furnish a Bond or other collateral satisfactory to
the COUNTY to indemnify the COUNTY against any Lien.
5.3 Review of Applications
A. The COUNTY’s approval of any payment requested in an Application for Payment
will constitute a representation by the COUNTY that to the best of the COUNTY’s
knowledge, information and belief:
(i) the Work has progressed to the point indicated;
(ii) the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents,
to a final determination of quantities and classifications for Unit Price the Work, and to
any other qualifications stated in the recommendation); and
(iii) the conditions precedent to the CONTRACTOR’s being entitled to such payment
appear to have been fulfilled in so far as it is the COUNTY’s responsibility to observe
the Work.
B. The COUNTY’s approval of any payment requested in an Application for Payment will
not thereby be deemed to have represented that: (i) inspections made to check the
quality or the quantity of the Work performed have been exhaustive, extended to every
aspect of the Work, or were detailed inspections of the Work; or (ii) there may not be
other matters or issues between the parties that might entitle the CONTRACTOR to be
paid additionally by the COUNTY or entitle the COUNTY to withhold payment to the
CONTRACTOR.
C. The COUNTY may reject the payment request or invoice within 20 (twenty) days after
the date on which the payment request or invoice is stamped as received by the
COUNTY. The rejection must be in writing and must specify the deficiency in the
payment request or invoice and the action necessary to make the payment request or
invoice proper. In the latter case, the CONTRACTOR may make the necessary
corrections and resubmit the Application.
D. The COUNTY may refuse to make payment of the full amount because:
(i) claims have been made against the COUNTY on account of the CONTRACTOR’s
performance or furnishing of the Work;
(ii) Liens have been filed in connection with the Work, except where the
CONTRACTOR has delivered a specific Bond satisfactory to the COUNTY to secure
the satisfaction and discharge of such Liens;
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(iii) there are other items entitling the COUNTY to a set-off against the amount
recommended.
(iv) the Work is defective or the completed Work has been damaged, requiring
correction or replacement;
(v) the Work for which payment is requested cannot be verified;
(vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor,
materials or equipment in connection with the Work;
(vii) the Contract Price has been reduced because of modifications or there is
reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Price;
(viii) the COUNTY has been required to correct defective Work or complete the Work
in accordance with the Contract Documents;
(ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract
Documents, or otherwise unsatisfactory prosecution of the Work;
(x) of any other breach of, default under, violation of, or failure to comply with the
provisions of the Contract Documents.
E. If the COUNTY refuses to make payment of the full amount, the COUNTY must give
the CONTRACTOR written notice within 10 (ten) days of receipt of invoice stating the
reasons for such action and promptly pay the CONTRACTOR any amount remaining
after deduction of the amount so withheld. The COUNTY shall promptly pay the
CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the
COUNTY and the CONTRACTOR, when the CONTRACTOR corrects the reasons
for such action to the COUNTY’s satisfaction.
5.4 All payments made to the CONTRACTOR, whether Progress or Final, shall be in strict
accordance with the “Local Government Prompt Payment Act” addressing payment, retainage,
and punchlist procedures for the performance of the Work.
5.5 The CONTRACTOR warrants and guarantees that title to all the Work covered by an
Application for Payment, whether incorporated in the Work or not, shall pass to the COUNTY
prior to the making of the Application for Payment, free and clear of all liens, claims, security
interests, purchase money security interest, chattel paper or encumbrances of any nature
whatsoever ("Liens").
5.6 The CONTRACTOR shall promptly pay all subcontractors, laborers, materialmen, and
suppliers upon receipt of payment from the COUNTY out of the amount paid to the
CONTRACTOR on account of such person's portion of the Work, the amount to which such
person is entitled, reflecting percentages actually retained from payments to the
CONTRACTOR. The CONTRACTOR shall, by appropriate agreement with each subcontractor
or other person, require each subcontractor or other person to make payments to sub-
subcontractors in similar manner.
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5.7 A Certificate of Payment, a progress payment, or partial or entire use of the Project by
the COUNTY shall not constitute acceptance of Work not in accordance with the Contract
Documents.
5.8 In accordance with the provisions of §255.05, Florida Statutes, where the CONTRACTOR
requires a waiver from laborers, materialmen, subcontractors, or sub-subcontractors (as each
such term is defined by §713.01, Florida Statutes) of the right to make a claim against the
Payment Bond in exchange for or to induce payment of a progress payment or a final payment,
such waivers shall comply with the form set forth in §255.05, Florida Statutes, as amended from
time to time.
5.9 If one or more Notice of Non-Payment is received by the COUNTY, no further payments
will be approved until non-payment(s) have been satisfied and a Release of Claim for each
Notice of Non-Payment has been submitted to the COUNTY. Upon request, the CONTRACTOR
shall furnish acceptable evidence that all such claims or liens have been satisfied. If the
CONTRACTOR fails to satisfy the non-payment, the COUNTY may make payment and back-
charge the CONTRACTOR for any and all costs associated with such payment.
5.10 If at any time during the progress of the Work, the CONTRACTOR's actual progress is
inadequate to meet the requirements of the Agreement, the COUNTY may, but is not required
to, notify the CONTRACTOR to implement some or all of the following remedial actions at the
sole cost and expense of the CONTRACTOR:
A. Increase construction manpower in such quantities and crafts as necessary to eliminate
the schedule progress deficiency;
B. Increase the number of working hours per shift, shifts per working day, working days
per week, the amount of construction equipment, or any combination of the foregoing
to eliminate the schedule progress deficiency;
C. Reschedule the Work in conformance with the specification requirements.
5.11 Neither such notice by the COUNTY nor the COUNTY's failure to issue such notice shall
relieve the CONTRACTOR of its obligation to achieve the quality of the Work and rate of
progress required by the Agreement.
ARTICLE 6
TIME OF PERFORMANCE
TIME IS OF THE ESSENCE UNDER THIS AGREEMENT.
6.1 Prior to requesting an inspection for Substantial Completion the CONTRACTOR shall
confirm that:
A. All construction is complete, the project components are clean, and all systems fully
functional.
B. All utilities are installed or adjusted, as required, and are fully functional.
C. The Project site is clear of the CONTRACTOR’s excess equipment, temporary facilities
and/or trailers.
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D. All operations and maintenance manuals for all equipment have been delivered to the
COUNTY.
E. All operations and maintenance training related literature, software, and back-up disks
have been delivered to the COUNTY.
F. All manufacturers’ certifications and warranties have been delivered to the COUNTY.
G. All required spare parts, materials, as well as any special measuring devices and tools
have been delivered to the COUNTY.
6.2 The COUNTY shall have the right to exclude the CONTRACTOR from the Project after the
date of Substantial Completion, but the COUNTY shall allow the CONTRACTOR reasonable
access to complete or correct items on the punch list.
6.3 When the CONTRACTOR considers the Work ready for its intended use, the
CONTRACTOR shall notify the COUNTY, in writing, that the Work is substantially complete
(except for items specifically listed by the CONTRACTOR as incomplete) and request that the
COUNTY issue a certificate of Substantial Completion. Promptly thereafter, the COUNTY and
the CONTRACTOR shall make an inspection of the Work to determine the status of completion.
For the purpose of this Agreement, and for the compliance of those procedures, duties, and
obligations as set forth in §218.70 et seq. and §218.735 et seq., Florida Statutes, the term
“Substantial Completion” is defined as that point where the COUNTY is able to enjoy beneficial
occupancy of the Work and where the Work has achieved that level of completion such that the
COUNTY is able to utilize the entire Project for its intended purposes, including but not limited
to the completion of all specified systems and items relating to life, safety, and regulatory use,
with the exception of incidental or incomplete items except where a lack of completion of such
incidental or incomplete items of the Work will adversely affect the complete operation of other
areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of
the Work and which are project specific are as set forth in attached Exhibits. If the COUNTY
does not consider the Work substantially complete, the COUNTY will notify the CONTRACTOR
in writing giving the reasons therefore. If the COUNTY considers the Work substantially
complete, the COUNTY will issue and deliver to the CONTRACTOR a certificate of Substantial
Completion, which shall fix the date of Substantial Completion. In addition to §218.735(7)(a),
Florida Statutes, punch list procedures for construction projects having an estimated cost of less
than $10,000,000 (ten million dollars) to render the Work complete, satisfactory, and acceptable
are established as follows:
A. The intent of this section is for the COUNTY and the CONTRACTOR to cooperate to
develop a Final Punchlist no later than 30 (thirty) days from the date of reaching
Substantial Completion.
B. Within 5 (five) days of Substantial Completion of the Project, the CONTRACTOR shall
schedule a walkthrough with the COUNTY (“Punchlist Walkthrough”). The purpose of
the Punchlist Walkthrough is to determine that the project has achieved Substantial
Completion, and if so, to develop a Punchlist of items to be performed by the
CONTRACTOR, based upon observations made jointly between the CONTRACTOR
and the COUNTY during the Punchlist Walkthrough. The COUNTY shall issue the
Final Punchlist within 30 (thirty) days of the Substantial Completion date.
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C. The CONTRACTOR shall endeavor to address and complete as many items as
possible noted on the Punchlist either during the Punchlist Walkthrough itself or within
25 (twenty-five) days from the date of the Punchlist Walkthrough.
D. No more than 20 (twenty) days following the issuance of the Final Punchlist, the
CONTRACTOR shall again initiate and request a second walkthrough (“Final
Walkthrough”) of the Project with the COUNTY. The purpose of the Final Walkthrough
is to identify which items on the Punchlist remain incomplete and to supplement that list
as legally necessary (based, for example, upon work which may have been damaged
as a result of the CONTRACTOR’s performance of completion of items contained on
the Punchlist.
E. The CONTRACTOR shall complete the Final Punchlist items within 30 (thirty) days of
the date of its issuance by the COUNTY.
F. In no event may the CONTRACTOR request payment of final retainage under
§218.735(7)(e), Florida Statutes, until the CONTRACTOR considers the Final Punchlist
to be 100% (one hundred percent) complete.
G. The CONTRACTOR acknowledges and agrees that no item contained on the Final
Punchlist shall be considered a warranty item until such time as: (i) the Final Punchlist
is 100% (one hundred percent) complete; and (ii) the COUNTY has been able to
operate or utilize the affected punchlist item for 15 (fifteen) days, whichever occurs last.
H. The CONTRACTOR acknowledges and agrees that the COUNTY may, at their option,
during performance of the Work and prior to Substantial Completion, issue lists of
identified non-conforming or corrective work for the CONTRACTOR to address. The
intent of any such lists prior to Substantial Completion is to streamline the Punchlist
process upon achieving Substantial Completion, and to allow for the CONTRACTOR to
address needed areas of corrective work as they may be observed by the COUNTY
during performance of the Work.
I. The CONTRACTOR acknowledges and agrees that in calculating 150% (one hundred
fifty percent) of the amount which may be withheld by the COUNTY as to any Final
Punchlist item for which a good faith basis exists as to it being complete, as provided
for by §218.735(7)(e), Florida Statutes, the COUNTY may include within such
percentage calculation its total costs for completing such item of work, including its
administrative costs as well as costs to address other services needed or areas of work
which may be affected in order to achieve full completion of the Final Punchlist item.
Such percentage shall in no event relate to the schedule of value associated with such
the Work activity, but rather total costs are based upon the cost of completing the Work
activity based upon market conditions at the time of Final Punchlist completion.
6.4 If Substantial Completion has not been obtained at the Punchlist Walkthrough inspection
called by the CONTRACTOR, for reasons that are the fault of the CONTRACTOR, the cost of
any subsequent inspections requested by the CONTRACTOR for the purpose of determining
Substantial Completion shall be at the cost of the CONTRACTOR and shall be assessed against
the final payment application. Punch list items recorded as a result of inspections for Substantial
Completion are to be corrected by the CONTRACTOR within the timeframe established.
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6.5 Use by the COUNTY, at the COUNTY’s option, of any substantially completed part of the
Work which has specifically been identified in the Contract Documents, or which the COUNTY
and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work
that can be used by the COUNTY for its intended purpose without significant interference with
the CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the following conditions.
A. The COUNTY may request, in writing, the CONTRACTOR permit the COUNTY to use
any such part of the Work which the COUNTY believes to be ready for its intended use
and substantially complete. If the CONTRACTOR agrees that such part of the Work is
ready for its intended use and substantially complete, the CONTRACTOR will certify to
the COUNTY that such part of the Work is substantially complete and will request the
COUNTY issue a certificate of Substantial Completion for that part of the Work. The
CONTRACTOR may notify, in writing, the COUNTY that the CONTRACTOR considers
any such part of the Work ready for its intended use and substantially complete and
request the COUNTY issue a certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either a request or notification is made, the
COUNTY and the CONTRACTOR shall inspect that part of the Work to determine its
status of completion. If the COUNTY does not consider that part of the Work to be
substantially complete, the COUNTY will notify the CONTRACTOR in writing giving the
reasons therefore.
B. No occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of this Agreement regarding property insurance.
6.6 Upon written notice from the CONTRACTOR that the entire Work, or an agreed portion
thereof, is complete, the COUNTY will promptly make a final inspection with the CONTRACTOR
and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures
necessary to complete such Work or remedy such deficiencies.
ARTICLE 7
LIQUIDATED DAMAGES; FORCE MAJEURE
7.1 Upon failure of the CONTRACTOR to Substantially Complete the Agreement within the
specified period of time, plus approved time extensions, the CONTRACTOR shall pay to the
COUNTY daily liquidated damages in the amount shown on Page 1 of this Agreement to reflect
the COUNTY’s estimated damages resulting from the delay to Substantial Completion.
7.2 Upon failure of the CONTRACTOR to Finally Complete the Agreement within the
specified period of time, plus approved time extensions, the CONTRACTOR shall pay to the
COUNTY daily liquidated damages in the amount shown on Page 1 of this Agreement to reflect
the COUNTY’s estimated damages resulting from the delay to Final Completion.
7.3 Milestones, milestone completion dates, and applicable Liquidated Damages shall be in
accordance with the Contract Documents.
7.4 If the milestones are not strictly complied with, then Liquidated Damages will be assessed
against the CONTRACTOR, which are agreed upon, and it is further agreed that such Liquidated
Damages bear a reasonable relationship to damages to be incurred by the COUNTY and are
not a penalty.
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7.5 Force Majeure. A party shall not be liable for any failure of or delay in the performance
of this agreement for the period that such failure or delay is beyond the reasonable control of a
party, materially affecting the performance of any of its obligations under this agreement, and
could not reasonably have been foreseen or provided against, but will not be excused for failure
or delay resulting from only general economic conditions or other general market effects. If
either party invokes this provision to avoid performance of any obligation under this Agreement
and a Court determines that party wrongfully invoked this provision to evade performance of
such an obligation, the aggrieved party shall be entitled to its reasonable attorney’s fees and
costs for obtaining the Court’s determination of the same.
ARTICLE 8
CLAIMS FOR ADDITIONAL TIME
8.1 If the CONTRACTOR's performance of this Agreement is delayed, either by delays that
are beyond the reasonable control and without the fault or negligence of the CONTRACTOR or
its subcontractors or by changes ordered in the Work, and in either event where such delay or
change in the Work affects the critical path, then the Agreement Time shall be extended by
Change Order as determined by the COUNTY. If the CONTRACTOR wishes to make Claim for
an increase in the Contract Time, the CONTRACTOR shall provide the COUNTY a written notice
of claim upon discovering the cause of the alleged delay. Such notice of claim shall include the
following information, or else be waived:
A. Nature of the delay or change in the Work;
B. Dates of commencement and cessation of the delay or change in the Work;
C. Activities on the current progress schedule affected by the delay or change in the Work;
D. Identification and demonstration that the delay or change in the Work affects the critical
path;
E. Identification of the source of delay or change in the Work;
F. Anticipated extent of the delay or change in the Work; and
G. Recommended action to minimize the delay.
8.2 The CONTRACTOR shall not be entitled to any extension of time for delays resulting from
any cause unless the CONTRACTOR has notified the COUNTY in writing within 7 (seven) days
of commencement of the delay.
8.3 No Damages for Delay; Exclusive Remedy. The CONTRACTOR shall not be entitled to
and hereby waives any and all claims for damages which it may suffer by reason of delay,
acceleration, loss of efficiency, or other related time or impact-based claims (hereinafter
collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for
delays claimed to be the result of active, intentional, knowing, or passive interference by the
COUNTY, or its agents, and waives damages that it may suffer by reason of such claims for lost
profits, loss or impairment of bonding capacity, destruction of business, extended overhead,
supervision, extended, unabsorbed home office overhead; the extension of time granted herein,
being the CONTRACTOR’s sole remedy, with the exception that in the event of demonstrated
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critical, compensable, non-concurrent delay suffered by the CONTRACTOR, the
CONTRACTOR may claim as its sole and exclusive remedy any associated, extended direct
jobsite general conditions expended by the CONTRACTOR (hereinafter "applicable extended
general conditions") in a sum not to exceed $250.00 per each day of delay. Apart from
extensions of time or acceleration costs approved by the COUNTY and any applicable extended
general conditions, no payment of claim for delay damages shall be made to the CONTRACTOR
as compensation for damages for any delays or hindrances from any cause whatsoever in the
progress of the Work, whether such delay be avoidable or unavoidable. Notwithstanding
anything herein to the contrary, provided the CONTRACTOR has otherwise satisfied the
requirements of this Agreement, the CONTRACTOR shall be entitled to an increase in the
Contract Price based upon approved general condition, insurance, and bond premium costs
resulting from delays for which the COUNTY has approved by Change Order or Construction
Change Directive, provided, however, the COUNTY shall not be required to pay such additional
amounts for any days following the date on which the CONTRACTOR achieves Final Completion
for the appropriate portion of the Work.
8.4 The time during which the CONTRACTOR is delayed in the performance of the Work by
the acts or omissions of the COUNTY, acts of God, unusually severe and abnormal climatic
conditions or other conditions beyond the CONTRACTOR’s control and which the
CONTRACTOR could not reasonably have foreseen and provided against, shall be added to the
Contract Time stated in the Agreement; provided, however, that no claim by the CONTRACTOR
for an extension of time for such delays be considered unless made in accordance with
Paragraph 8.1.
8.5 The COUNTY shall not be obligated or liable to the CONTRACTOR for and the
CONTRACTOR hereby expressly waives any claims against any damages, costs, or expenses
of any nature whatsoever which the CONTRACTOR, its subcontractors or sub-subcontractors
may incur as a result of any delays, interferences, suspensions, rescheduling, changes in
sequence, congestion, disruptions or the like, arising from or out of any act or omission of the
COUNTY, or any of the events referred to in Paragraph 8.4 above, it being understood and
agreed that the CONTRACTOR’s sole and exclusive remedy in such event shall be an extension
of Contract Time, but only if claim is properly made in accordance with Paragraph 8.1.
8.6 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the period
of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled
critical path of construction. Based on 30-Year, National Weather Service historical rainfall
averages for Martin County, the CONTRACTOR shall anticipate the amount of rainfall days
affecting the schedule as normal conditions outlined in the following months below:
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC
2 2 3 2 3 5 5 6 6 5 3 2
ARTICLE 9
SITE CONDITIONS
9.1 Field Measurements. Before undertaking each part of the construction, the
CONTRACTOR shall carefully study and compare the Contract Documents and check and verify
pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR
shall promptly report in writing to the COUNTY any conflict, error, or discrepancy that the
CONTRACTOR or any of its subcontractors or Suppliers may discover and shall obtain a written
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interpretation or clarification from the COUNTY before proceeding with any Work affected. The
CONTRACTOR shall remain liable to the COUNTY for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents prepared by the CONTRACTOR.
9.2 Differing Site Conditions. The CONTRACTOR shall promptly, and before such conditions
are disturbed, notify the COUNTY in writing of: (A) subsurface or latent physical conditions at
the site differing materially from those indicated in this Agreement; or (B) unknown physical
conditions at the site of an unusual nature, differing materially from those ordinarily encountered
and generally recognized as inherent in the Work of the character provided for in this Agreement.
The COUNTY will promptly investigate the conditions, and if it finds that such conditions do
materially so differ and cause an increase or decrease in the CONTRACTOR's cost of, or the
time required for, performance of any part of the Work under this Agreement, an equitable
adjustment shall be made and the Agreement modified in writing accordingly. The
CONTRACTOR’s failure to provide notice upon discovery of the differing site condition shall
waive any entitlement to such an adjustment in the Contract Price or Contract Time.
9.3 Physical Conditions (Including Underground Facilities). The CONTRACTOR shall have
full responsibility for physical conditions, and Underground Facilities owned by the COUNTY or
others, as shown or indicated in the Contract Documents. The CONTRACTOR shall have full
responsibility for reviewing and checking all such information and data. The COUNTY shall not
be responsible for accuracy or completeness of data, plans, and specifications and the
CONTRACTOR shall have full responsibility for checking all information and data. If the Contract
Documents necessitate amending to order changes in the Work due to Underground Facilities
owned by the COUNTY or others, whether they be shown or indicated or newly discovered, the
COUNTY shall authorize the required changes in the Work by Change Order. If those
Underground Facilities owned by the COUNTY or others cause or will cause delays in the
performance or extend completion of all or part of the work, the CONTRACTOR shall absorb all
related delay, extension, or acceleration costs, however caused, except that if the COUNTY and
the CONTRACTOR agree that the delays require a change in Contract Time, the COUNTY shall
authorize the necessary change in Contract Time only to the extent that such delays exceed 30
(thirty) days impact to controlling work items. However, an extension in Contract Time, when
and if so granted shall be the CONTRACTOR’s sole and exclusive remedy with respect to the
COUNTY for any delay, disruption, interference, inefficiency, acceleration, extension or
hindrance, and associated costs, however caused, resulting from variance in the location or
configuration of Underground Facilities owned by the COUNTY or others as shown or indicated,
or from newly discovered Underground Facilities owned by the COUNTY or others.
9.4 Special Requirements for Underground Facilities. The CONTRACTOR shall have full
responsibility for the following list. Except as otherwise provided, all costs involved and time
required to perform these responsibilities shall be considered as having been included in the
Contract Price and in the CONTRACTOR’s schedule for the performance of the Work within the
Contract Time, even if the Contract Documents need amending to authorize minor deviations or
changes in the Work due to those Underground Facilities including utilities.
A. Field locating any and all Underground Facilities including utilities shown or indicated
as to depth and alignment in advance of excavation;
B. Notifying the COUNTY of any newly discovered Underground Facility and promptly
notifying that the COUNTY of that discovery;
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C. Shoring, blocking and protecting Underground Facilities including utilities shown,
indicated or discovered;
D. Coordination, scheduling and sequencing the Work with the COUNTY’s of all
Underground Facilities shown, indicated or discovered;
E. Repairing any damage to the satisfaction of the COUNTY, to the extent that the damage
was due to the CONTRACTOR’s failure to adhere to the requirements, or to the fault or
negligence of the CONTRACTOR; and
F. The safety and protection of any affected the Work, and for repairing any damage done
to the work.
9.5 If those Underground Facilities owned by the COUNTY or others cause or will cause
delays in the performance or extend completion of all or part of the work, the CONTRACTOR
shall absorb all related delay, extension or acceleration costs, however caused, except that if
the COUNTY and the CONTRACTOR agree that the delays require a change in Contract Time,
the COUNTY shall authorize the necessary change in Contract Time only to the extent that such
delays exceed 30 (thirty) days impact to controlling work items. However, an extension in
Contract Time, when and if so granted shall be the CONTRACTOR’s sole and exclusive remedy
with respect to the COUNTY for any delay, disruption, interference, inefficiency, acceleration,
extension or hindrance and associated costs, however caused, resulting from variance in the
location or configuration of Underground Facilities owned by the COUNTY or others shown or
indicated, or from newly discovered Underground Facilities owned by the COUNTY or others.
9.6 Unless it prejudices the Work already excavated and uncovered, the CONTRACTOR
shall schedule layout, excavation and uncovering of the Work or Underground Facilities a
sufficient time in advance to allow the COUNTY’S design professional’s review, and the possible
amending or supplementing of the Contract Documents.
ARTICLE 10
INDEMNIFICATION
The CONTRACTOR hereby assumes entire responsibility and liability for any and all damage or
injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether
employees of any tier of the CONTRACTOR, its SUBCONTRACTS, CONSULTANTS or
SUPPLIERS or otherwise, and to all property caused by, resulting from, arising out of or occurring
in connection with the execution of the Agreement, or in preparation for the work and services
under this Agreement, or any extension, modification, or amendment thereto by change order to
otherwise.
The CONTRACTOR hereby agrees to indemnify and hold harmless the COUNTY and its officers
and employees from liabilities, damages, lawsuits, and costs, including but not limited to,
reasonable attorney’s fees and court costs, to the extent caused by the negligence, recklessness
or intentional wrongful misconduct of the CONTRACTOR or persons employed or utilized by the
CONTRACTOR in the performance of this Agreement.
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ARTICLE 11
TERMINATION
11.1 Notwithstanding any other provision of this Agreement, the CONTRACTOR may be held
in default of its contractual obligation under this Agreement if the CONTRACTOR:
A. refuses or fails to supply enough properly skilled workers or proper and sufficient
materials and equipment;
B. fails to make payment to subcontractor for materials or labor in accordance with the
respective agreements between the CONTRACTOR and the subcontractors;
C. disregards laws, ordinances, or rules, regulations or orders of a public authority having
jurisdiction;
D. performs the Work that does not conform to Contract Documents requirements;
E. fails to meet the Contract Schedule or fails to make progress on the Work so as to
endanger performance of the Agreement;
F. abandons or refuses to proceed with any or all the Work; or
G. otherwise breaches, fails to comply fully with, or is in default of any provision of the
Contract Documents.
11.2 The COUNTY must provide written notice to the CONTRACTOR notifying it that the
COUNTY is declaring it in default and providing the CONTRACTOR with 3 (three) business days
after receipt of such written notice of default, to cure such default. In the event that the
CONTRACTOR fails to cure the default within the 3 (three) business day default period, the
COUNTY may:
A. take possession of the Work site and of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the CONTRACTOR; and
B. accept assignment of subcontracts pursuant to this Agreement; and
(i) finish the Work by whatever reasonable method the COUNTY may deem expedient,
and charge all completion costs against any monies owed or to be owed to the
CONTRACTOR, or back charge the CONTRACTOR for any and all such completion
costs, or
(ii) terminate the CONTRACTOR and hire a completion contractor to finish the Work by
whatever reasonable method the COUNTY may deem expedient, and charge all
completion costs, including costs for construction, architectural, engineering, project
management, and any other expenses, against any monies owed or to be owed to the
CONTRACTOR, or backcharge the CONTRACTOR for any and all such completion
costs, or
C. set off any and all such completion costs against any monies then due or to become
due on any other projects that the COUNTY has with the CONTRACTOR.
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11.3 Upon default, the CONTRACTOR shall not be entitled to receive further payment until the
Work is finished.
11.4 If, after notice of termination, it is determined for any reason that the CONTRACTOR was
not in default, or that the delay was excusable under the provisions of the Contract Documents,
the rights and obligations of the parties shall be the same as if the notice of termination had been
a Termination by the COUNTY for Convenience.
11.5 Pursuant to Section 287.135, Fla. Stat., the COUNTY may immediately terminate this
Agreement for cause if the CONTRACTOR, its affiliates, or its subcontractors are found to have
submitted a false certification per Section 4.22 of this Agreement; or if the CONTRACTOR, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or
engaged in prohibited contracting activity during the term of this Agreement. As provided in
Section 287.135(8), Fla. Stat., if federal law ceases to authorize these contracting prohibitions
then they shall become inoperative.
11.6 Termination by the COUNTY for Convenience. Notwithstanding any other provision to
the contrary in the Contract Documents, the COUNTY reserves the right at any time and in its
sole and absolute discretion to terminate the services of the CONTRACTOR with respect to the
Work by giving written notice to the CONTRACTOR. In such event, the CONTRACTOR shall
be entitled to, and the COUNTY shall reimburse the CONTRACTOR for, an equitable portion of
the Contract Price based on the portion of the Work completed prior to the effective date of
termination and for any other reasonably expended costs attributable to such termination.
However, the CONTRACTOR shall not be entitled to receive its anticipated profits for any
unperformed Work.
ARTICLE 12
SUSPENSION OF WORK
The COUNTY may, without cause, order the CONTRACTOR in writing to suspend, delay, or
interrupt the Work in whole or in part for such period of time as the COUNTY may determine.
ARTICLE 13
CHANGES IN THE WORK
13.1 The COUNTY may, at any time or from time to time, order additions, deletions, or
revisions in the Work by requesting a proposal from the CONTRACTOR detailing the proposed
additions, deletions, or revisions to the Work. The proposal shall include such details as man-
hours, man-hour rates, quantities, quantity unit rates, equipment, equipment unit rates, and
mark-ups. The CONTRACTOR shall complete and return the proposal to the COUNTY within
10 (ten) days from receipt thereof. The proposal shall include any increases or decreases in
Contract Time or Contract Price and shall include any additional modifications required by virtue
of the requested change, whether or not such additional modifications were specifically identified
in the request for proposal. The proposal may then be: (A) issued as a Change Order in
accordance with the provisions of the Contract Documents; (B) modified and thereafter issued
as a Change Order in accordance with the provisions of the Contract Documents; or (C)
withdrawn.
13.2 The COUNTY may authorize minor changes or alterations in the Work involving minimal
cost or time and not inconsistent with the overall intent of the Contract Documents. These may
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be accomplished by a Field Order. If the CONTRACTOR believes that any minor change or
alterations authorized by the COUNTY entitles it to an increase in the Contract Price or extension
of Contract Time, it shall treat the Field Order as a request for proposal and issue a proposal for
the change in Contract Price and Contract Time prior to proceeding with the Work covered in
the Field Order. The procedures outlined in the Contract Documents shall then be followed.
Acceptance of the Final Payment by the CONTRACTOR shall constitute acknowledgment by
the CONTRACTOR that all payments due for modifications required under Field Orders have
been incorporated into the Final Payment.
13.3 Additional Work performed by the CONTRACTOR without authorization of a written
Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract
Time.
13.4 It is the CONTRACTOR's responsibility to notify its Surety of any changes affecting the
general scope of the Work or change in the Contract Price and the amount of the applicable
Bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such adjustment
to the COUNTY.
13.5 The COUNTY may, at any time, without notice to the Surety, by Field Order or by properly
executed Change Order, make any change in the Work within the general scope of the Contract
Documents, including but not limited to changes:
A. in the Drawings and designs, and Specifications;
B. in the method or manner of performance of the Work;
C. directing acceleration in the performance of the Work.
13.6 Except as herein provided, no order, statement, or conduct of the COUNTY shall be
treated as a Change Order or Field Order or entitle the CONTRACTOR to an equitable
adjustment hereunder.
13.7 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed
if asserted after final payment under this Agreement.
13.8 The value of any Work covered by a Field Order, Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following ways at
the sole discretion of the COUNTY:
A. where the Work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of the items involved;
B. by negotiated lump sum; or
C. cost plus. If this option is selected, the COUNTY reserves the right to request any
and all documentation from the CONTRACTOR in support of its foregoing Actual
Costs, and the CONTRACTOR agrees promptly to supply such information.
13.9 For changes in the Work performed by the CONTRACTOR’s own forces, the
CONTRACTOR shall be entitled to a percentage 10% (ten percent) mark-up for Actual Costs as
defined in Section 1.
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13.10 For changes in the Work performed by subcontractors: (A) the subcontractor shall be
entitled to mark-up the cost of the change(s) by 10% (ten percent); and (B) the CONTRACTOR
shall be entitled to mark-up the subcontractor’s total by 5% (five percent). The foregoing shall
be the maximum amount allowable for subcontractor’s and the CONTRACTOR’s Actual Costs
as defined in Section 1.
ARTICLE 14
MATERIALS, EQUIPMENT AND WORKMANSHIP; SUBSTITUTIONS
14.1 Only new, unused items of recent manufacture, of designated quality, free from defects,
will be accepted. Rejected items shall be removed immediately from the Work and replaced
with items of specified quality. Failure by the COUNTY to order removal of rejected materials
and equipment shall not relieve the CONTRACTOR from responsibility for quality of the
materials supplied or from any other obligation under the Contract Documents.
14.2 No Work defective in construction or quality, or deficient in meeting any requirement of
the Contract Drawings and Specifications, will be acceptable regardless of the COUNTY's failure
to discover or to point out defects or deficiencies during construction; nor will the presence of
field representatives at the Work or the satisfaction of the Work meeting applicable code
requirements relieve the CONTRACTOR from responsibility for the quality and securing
progress of the Work as required by the Contract Documents.
14.3 Prior to proposing any substitute item, the CONTRACTOR shall satisfy itself that the item
proposed is, in fact, equal or better to that specified, that such item will fit into the space allocated,
that such item affords comparable ease of operation, maintenance and service, that the
appearance, longevity and suitability for the climate are comparable, and that by reason of cost
savings, reduced construction time, or similar demonstrable benefit, the substitution of such item
will be in the COUNTY's interest, and will in no way have a detrimental effect upon the Project
completion date and schedule.
A. The burden of proof of equality of a proposed substitution for a specified item shall be
upon the CONTRACTOR. The CONTRACTOR shall support its request with sufficient
test data and other means to permit the COUNTY to make a fair and equitable decision
on the merits of the proposal. The CONTRACTOR shall submit drawings, samples,
data and certificates and additional information as may be required by the COUNTY
for proposed substitute items as required by the Contract Documents.
B. Any item by a manufacturer other than those specified or of brand name or model
number or of generic species other than those specified will be considered a
substitution. The COUNTY will be the sole judge of whether or not the substitution is
equal in quality, utility, and economy to that specified.
C. The CONTRACTOR shall allow an additional 15 (fifteen) days for the COUNTY's
review of requested substitutions. All requests for substitutions with submittal data
must be made at least 50 (fifty) days prior to the time the CONTRACTOR must order,
purchase or release for manufacture or fabrication. Approval of a substitution shall
not relieve the CONTRACTOR from responsibility for compliance with all requirements
of the Agreement. The CONTRACTOR shall coordinate the change with all trades
and bear the expense for any changes in other parts of the Work caused by any
substitutions.
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D. If the COUNTY rejects the CONTRACTOR's requested substitute item on the first
submittal, the CONTRACTOR may make only one additional request for substitution
in the same category. Upon the second request, the CONTRACTOR shall be invoiced
the expenses of the COUNTY allocable to the review of such submittal data. The
foregoing amounts shall be deducted, as applicable, from the next succeeding partial
payment to the CONTRACTOR, or from the final payment.
ARTICLE 15
COMPLIANCE
15.1 All work, labor, materials and equipment provided under this Agreement shall be
performed in strict compliance with any and all applicable building and fire, life and safety codes
and strictly in accordance with plans and specifications. The CONTRACTOR must satisfy itself
that the Plans, Drawings and Specifications in fact comply with all applicable codes. The
CONTRACTOR shall notify the COUNTY prior to commencement of the Work of any
requirement of the plans and specifications not in strict compliance with such codes. There will
be no extra payment for compliance to existing codes or any item of interpretation regarding
enforcement of existing codes. The CONTRACTOR is representing by acceptance of this
Agreement that it has thoroughly researched all applicable codes and regulations affecting the
Project.
15.2 If, during the term of this Agreement, there are any changed or new laws, ordinances or
regulations not known or foreseeable at the time of signing this Agreement which become
effective and which affect the cost or time of performance of the Agreement, the CONTRACTOR
shall immediately notify the COUNTY in writing and submit detailed documentation of such effect
in terms of both time and cost of performing the Agreement. Upon concurrence by the COUNTY
as to the effect of such changes, an adjustment in the Contract Price and/or time of performance
will be made. If any discrepancy or inconsistency should be discovered between the Contract
Documents and any law, ordinance, regulation, order or decree, the CONTRACTOR shall
immediately report the same in writing to the COUNTY who will issue such instructions as may
be necessary. However, it shall not be grounds for a Change Order that the CONTRACTOR
was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances
of all applicable governmental agencies having jurisdiction over the Project or the Work.
15.3 The CONTRACTOR shall give all notices and at all times comply with all applicable laws,
codes, ordinances, rules and regulations in effect during the time of performance of the Work.
15.4 The CONTRACTOR shall deliver a product which will meet or exceed the Design package
standards, provide a complete and functional facility including but not limited to all necessary
interfaces between this facility and adjacent existing facilities, and/or anticipated future facilities.
All built-in equipment, systems, controls, devices and finishes necessary for the efficient use and
maintenance of the facility and its related site work (if applicable), except as otherwise noted
and/or clarified herein, shall be included in the Work.
ARTICLE 16
NON-DISCRIMINATION
The CONTRACTOR covenants and agrees that the CONTRACTOR shall not discriminate
against any employee or applicant for employment to be employed in the performance of the
Agreement with the respect to hiring, tenure, terms, conditions or privileges of employment, or
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any matter directly or indirectly related to employment because of age, sex, physical handicaps
(except where based on a bona fide occupational qualification) marital status, race, color,
religion, national origin or ancestry.
ARTICLE 17
DEFECTIVE WORK
17.1 The COUNTY shall have authority to disapprove or reject the Work which is "defective"
(which term is hereinafter used to describe the Work that is unsatisfactory, faulty or defective, or
does not conform to the requirements of the Contract Documents or does not meet the
requirements of any inspection, test or approval referred to in the Contract Documents, or has
been damaged prior to final acceptance). Such parties shall also have authority to require
special inspection or testing of the Work as such parties may individually or severally deem
necessary, whether or not the Work is fabricated, installed or completed.
17.2 Upon presentation of a Defective the Work Notice to the CONTRACTOR or the
CONTRACTOR's the Project Superintendent, the CONTRACTOR shall meet within 24 (twenty-
four) hours with the COUNTY to discuss and develop a plan of remedial action and time-line to
correct the defective the Work. The CONTRACTOR shall have no more than three (3) working
days to begin corrective action and repairs in accordance with the agreed upon schedule;
provided, however, all repairs to natural gas, telephone, radio, computer security, water, waste
water, electric air conditioning services and all emergency services shall be commenced within
twelve (12) hours of notification, or by 7:00 a.m. whichever is earlier, and the CONTRACTOR
shall complete the repairs in an expeditious manner befitting the nature of the deficiency. If the
CONTRACTOR refuses to comply with the 24 (twenty four) hour meeting requirement, or the
agreed upon correction schedule, the COUNTY has the right to do any of the following: (A)
correct any the Work so performed by the CONTRACTOR and deduct the expenses for doing
so from the final payment due the CONTRACTOR; or (B) hold back final payment due the
CONTRACTOR until such time as the Work is completed to the satisfaction of the COUNTY and
in compliance with the Contract Documents. The COUNTY shall have the sole discretion to
determine if the Work is satisfactory and in compliance with Contract Documents. The foregoing
remedies are not exclusive and the COUNTY reserves the right to pursue any and all other
remedies it deems applicable.
ARTICLE 18
BONDS AND INSURANCE
18.1 Payment and Performance Bonds. The CONTRACTOR shall, upon execution and return
of this Agreement to the COUNTY, furnish a Public Payment Bond and a Performance Bond,
pursuant to §255.05, Florida Statutes, in at least an amount equal to the Contract Price, for any
Agreement (Work Order) over $200,000 (two hundred thousand dollars), covering the faithful
performance of this Agreement and all the CONTRACTOR’s faithful performance and payment
of all the CONTRACTOR’s obligations under the Contract Documents. The Bonds shall be
recorded at the Martin County Clerk of the Circuit Court’s Office at the CONTRACTOR’s expense
and a copy provided to the County’s Purchasing Division (pur_div@martin.fl.us). The Surety
must be included in the most recent United States Department of the Treasury List of Acceptable
Sureties, authorized to issue surety bonds in Florida, and which maintains a surety rating of “A-
” or better. A complete copy of the fully executed Payment Bond shall be posted in a
conspicuous place at the Project site. If the Surety on any Bond furnished by the CONTRACTOR
is declared bankrupt, becomes insolvent, its authorization to do business in the State of Florida
is terminated, it ceases to be listed on the United States Department of Treasury List of
Acceptable Sureties, or its surety rating ceases to be an “A-” or better, the CONTRACTOR shall
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within 5 (five) days thereafter substitute another Payment Bond, Performance Bond, and Surety,
each of which shall be in accordance with the Contract Documents and acceptable to the
COUNTY. An action to enforce any claim against a payment bond must be brought within one
year from the last furnishing of labor, services, or materials, or as otherwise stated in §95.11
(5)(e), Florida Statutes. An action to enforce any claim against a performance bond must be
brought within five years in accordance with §95.11(2)(b), Florida Statutes, and applicable case
law.
18.2 Insurance
A. Certificate of Insurance. One certified true copy of the policy or policies must be
furnished by the CONTRACTOR to the COUNTY prior to commencement of any
demolition, Site Work, Site preparation or construction Work. The Certificate(s) of
Insurance must state Martin County Board of County Commissioners as an Additional
Insured on all policies except the Workers Compensation. The statement “Additional
Insured” is to be listed in the Description Block of the Insurance Certificate along with
the Project name. The indication that Martin County Board of County Commissioners
is a Certificate Holder is not sufficient for this issue. The Additional Insured
endorsement must be attached to the Certificate of Insurance and shall include
coverage for Completed Operations under the General Liability policy.
B. General Insurance Requirements. The CONTRACTOR and, where designated, each
of its subcontractors and sub-subcontractors shall obtain and maintain during the full
duration of the Work required under this Agreement, and through any period of
limitation allowed by law for actions for personal injury, bodily injury, disease, death,
property damages and other losses or damages required to be insured hereunder, the
following insurance coverages, in the type, amounts, terms and in conformance with
the following minimum requirements.
(i) All policies and endorsements shall be issued on Insurance Service Office (ISO)
forms or on forms providing broader and no less restrictive coverage. Notwithstanding
the foregoing, the form and content of all policies and endorsements must be acceptable
to the COUNTY. All insurance carriers must carry an A.M. Best Rating of A:IX or better
and coverage should apply on a Primary and Noncontributory basis. At the discretion
of the COUNTY, other coverage types and /or specific endorsements may be required
depending upon the type and scope of work to be performed. All insurance must be
acceptable by and approved by the COUNTY as to form and types of coverage.
(ii) The policy(s) shall provide for 30 (thirty) days prior written notice to the COUNTY,
by registered or certified mail, if cancellation or any change that will reduce the
coverages required herein.
(iii) The policy(s) shall be written for the Contract Times, commencing with the initial
demolition, Site Work and/or Site preparation, and ending at the Final Completion and
shall contain an endorsement providing for extension of the policy(s) for up to 2 (two)
years. The Products and Completed Operations portions of the General Liability shall
extend for a period of 10 (ten) years after the Final Acceptance of the Project by the
COUNTY and shall include an “Additional Insured” endorsement.
(iv) All liability polices required herein shall be written on an occurrence basis
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(v) The policies shall name the COUNTY, its commissioners and staff as additional
insured (including Completed Operations coverage under the General Liability) as their
interest may appear under this Agreement.
(vi) All insurers shall agree to waive all rights of subrogation against the COUNTY and
each individual member of COUNTY’s Board of County Commissioners, Constitutional
Officers, or staff.
(vii) It is the responsibility of the CONTRACTOR to ensure any independent contractors
and subcontractors utilized on the project also comply with these insurance
requirements.
C. Premiums. The CONTRACTOR shall be solely responsible for payment of all
premiums for insurance required under this Agreement and shall be solely responsible
for the payment of all deductibles to which such policies are subject.
D. Specific Insurance Limits
(i) Workers' Compensation. The CONTRACTOR shall carry Workers' Compensation
insurance on behalf of all employees who are required to provide a service under
this Agreement, as required by Chapter 440, Florida Statutes, and Employers
Liability of limits no less than:
$ 500,000 each accident
$ 500,000 disease - policy limit
$ 500,000 each employee
Should the scope of work performed by the CONTRACTOR qualify its employees
for benefits under Federal the Worker’s Compensation Statute (i.e. Longshoreman
& Harbor the Workers Act or Merchant Marine Act), proof of appropriate Federal
Act coverage must be provided.
(ii) Commercial General Liability, with limits of not less than:
$ 1,000,000 each occurrence
$ 1,000,000 personal/advertising injury
$ 2,000,000 products/completed operations (per project aggregate)
$ 2,000,000 general aggregate (per project aggregate)
$ 100,000 fire damage legal (any 1 fire)
$ 10,000 medical expense (any 1 person)
Coverage to include include bodily injury, property damage liability, personal and
advertising injury, products and completed operations, fire damage legal liability
and medical expense coverage. Contractual Liability is to be included to cover the
hold harmless agreement set forth in the Agreement. Coverage is to extend to
independent contractors and fellow employees. XCU coverage is to be included.
Coverage is to include a cross liability or severability of interest provision as
provided under the standard ISO form separation of insureds clause. There should
be no "damage to your work" exclusion for work performed by subcontractors.
Policy is to include coverage for pollution release at project location in which the
insured is performing non-environmental operations. There shall be no exclusion
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for mold, silica or respirable dust or bodily injury or property damage arising out of
heat, smoke, fumes or ash from a hostile fire. If the project involves environmental
exposures, Environmental Impairment Liability coverage shall be maintained.
(iii) Automobile Liability - $1,000,000 (one million dollars) Combined Single Limit
coverage for all owned, hired, leased and non-owned vehicles.
(iv) Umbrella Liability - to include the Employers Liability, general liability and automobile
in underlying policy schedule, with limits of not less than $1,000,000 (one million
dollars).
(v) Hazardous Material - if the Work being performed involves hazardous materials, the
need to procure appropriate insurance coverage will be addressed in a modification to
the Agreement. However, if hazardous materials are identified while carrying out this
Agreement, no further the Work is to be performed in the area of the hazardous material
until the COUNTY has been consulted as to the need to procure and maintain such
coverage.
E. Waiver of Subrogation. The CONTRACTOR hereby waives any and all rights of
Subrogation against the COUNTY, 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 the 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.
ARTICLE 19
PERFORMANCE GUARANTEE AND WARRANTY
19.1 All materials and equipment incorporated into any Work shall be warrantied and
guaranteed as new quality and of the highest grade of quality for their intended use. All Work
shall be performed in good workmanship and shall be in accordance with all Contract Documents
and industry standards. The Work shall be functionally sound, technically proficient, developed
with structural integrity, and shall be in compliance with all governing laws, regulations, and
applicable codes. The CONTRACTOR warrants all Work against defects for a period of 1 (one)
year (unless longer guarantees or warranties are provided for elsewhere in the Agreement or at
law, in which case the longer periods of time shall prevail) from the date of Substantial
Completion, regardless of whether the Work was performed by the CONTRACTOR or any of its
subcontractors.
19.2 If defects are identified during the warranty period, the CONTRACTOR shall repair or
replace the defect and cure such defect within 48 (forty-eight) hours of receipt of written notice.
The CONTRACTOR warrants such repaired or replaced Work for a period of 1 (one) year from
the completion of the warranty work or the warranty period specified, whichever is longer.
Should the CONTRACTOR fail to timely cure such defects, the COUNTY may proceed to
perform the work at the CONTRACTOR's expense and may back charge the CONTRACTOR
for all costs associated with the work.
19.3 The CONTRACTOR agrees to require that all of its subcontractors, suppliers, and
materialmen provide warranties in their agreements at least sufficient to satisfy the
CONTRACTOR’s obligations in this Agreement and the CONTRACTOR shall assign all such
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warranties to the COUNTY as a condition precedent to the receipt of Final Payment. The
CONTRACTOR agrees to defend and indemnify the COUNTY against all fees and costs should
the CONTRACTOR fail to obtain the warranty protections required herein.
19.4 For all equipment that has a manufacturer's warranty, the CONTRACTOR shall assign
such warranty to the COUNTY. The manufacturer's warranty period shall be concurrent with the
CONTRACTOR's warranty to the COUNTY. In the event that the equipment manufacturer or
supplier is unwilling to provide such a warranty, the CONTRACTOR shall obtain a 2 (two) year
equipment warranty commencing at the time of acceptance of the equipment by the COUNTY.
ARTICLE 20
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
20.1 Documents and Samples at the Site. From and after commencement of the
Construction of the Work, the CONTRACTOR shall maintain at the site one record copy of the
Construction Documents and any and all amendments thereto, in good order and marked, to
record changes to the Contract Documents as approved during the construction of the Project.
In addition, the CONTRACTOR shall maintain at the site approved shop drawings, product data,
samples, and similar required submittals. These shall be provided to the COUNTY upon
completion of the Work.
20.2 Shop Drawings, Product Data and Samples.
A. Shop Drawings, Product Data, Samples, and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate, for those portions of
the Work for which submittals are required, the way the CONTRACTOR proposes to
conform the construction to the Contract Documents.
B. The CONTRACTOR shall review and take appropriate action upon Shop Drawings,
Product Data, Samples, and similar submittals. The COUNTY shall review Shop
Drawings, Product Data, Samples, and similar submittals for compliance with the
Design Documents and shall provide comments, if any, within 15 (fifteen) days of
receiving such documents.
C. The CONTRACTOR shall not be relieved of responsibility for the deviations from
requirements of the Contract Documents by the COUNTY’s approval of Shop
Drawings, Product Data, Samples, or similar submittals unless the CONTRACTOR
has specifically informed the COUNTY of such deviation at the time of the submittal
and the COUNTY has given written approval to the specific deviation. The
CONTRACTOR shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples, or similar submittals to the COUNTY for approval
thereof.
ARTICLE 21
SAFETY
21.1 The CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the Work. The CONTRACTOR shall take
all precautions and follow all procedures for the safety of, and shall provide all protection to
prevent injury to, all persons involved in any way in the Work and all other persons, including,
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without limitation, the employees, agents, guests, visitors, invitees, and licensees of the
COUNTY and users who may be affected thereby.
21.2 All the Work, whether performed by the CONTRACTOR, its subcontractors or sub-
subcontractors, or anyone directly or indirectly employed by any of them, and all equipment,
appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be
in compliance with, and conform to:
A. all applicable laws, ordinances, rules, regulations and orders of any public, quasi-
public, or other authority relating to the safety of persons and their protection against
injury, specifically including, but in no event limited to, the Federal Occupational Safety
and Health Act of 1970 and the Trench Safety Act, as amended, and all state, Martin
County and, where the Project is located in a municipality, municipal, rules and
regulations now or hereinafter in effect; and
B. all codes, rules, regulations and requirements of the COUNTY and its insurance
carriers relating thereto. In the event of conflicting requirements, the more stringent
shall govern.
21.3 Should the CONTRACTOR fail to provide a safe area for the performance of the Work or
any portion thereof, the COUNTY shall have the right, but not the obligation, to suspend the
Work in the unsafe area. All costs of any nature resulting from the suspension, by whomever
incurred, shall be borne by the CONTRACTOR.
21.4 The CONTRACTOR shall provide, or cause to be provided, to each worker on the Work
site, the proper safety equipment for the duties being performed by that worker and will not
permit any worker on the Work site who fails or refuses to use the same. The COUNTY shall
have the right, but not the obligation, to order the CONTRACTOR to send a worker home for the
day or to discharge a worker for his or her failure to comply with safe practices, with which order
the CONTRACTOR shall promptly comply.
21.5 In emergencies affecting the safety of persons or the Work or property at the site or
adjacent thereto, the CONTRACTOR, without special instruction or authorization from the
COUNTY, is obligated to act, at its discretion, to prevent threatened damage, injury, or loss. If
the CONTRACTOR believes that additional Work done by it in an emergency which arose from
causes beyond its control entitles it to an increase in the Contract Price or an extension of the
Contract Time, it may make a claim therefore as provided in the Contract Documents.
ARTICLE 22
PROTECTION OF WORK AND PROPERTY
22.1 The CONTRACTOR: (A) shall, throughout the performance of the Agreement, maintain
adequate and continuous protection of all completed Work and temporary facilities against loss
or damage from whatever cause; (B) shall protect the property of the COUNTY and third parties
from loss or damage from whatever cause arising out of the performance of the Agreement; and
(C) shall comply with the requirements of the COUNTY and its insurance carriers and with all
applicable laws, codes, rules and regulations with respect to the prevention of loss or damage
to the property. The COUNTY, its insurance carriers or representatives, may, but shall not be
required to, make periodic patrols of the Work site as a part of its normal safety, loss control,
and security programs. In such event, however, the CONTRACTOR shall not be relieved of its
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aforesaid responsibilities and the COUNTY shall not assume, nor shall it be deemed to have
assumed, any responsibility otherwise imposed upon the CONTRACTOR by this Agreement.
22.2 Before the CONTRACTOR disposes of any existing improvements or equipment which
are to be removed as a portion of the Work and for which disposition is not specifically provided
for elsewhere in the Contract Documents, the CONTRACTOR shall contact the COUNTY and
determine if the removal items are to be salvaged. Items to be salvaged by the COUNTY shall
be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily
accessible to the COUNTY. Equipment and materials which will not be salvaged by the
COUNTY shall become the property of the CONTRACTOR to be removed from the site and
disposed of in an acceptable manner. To the extent the CONTRACTOR intends to temporarily
store materials at a site near or adjacent to the Project site prior to ultimate removal or disposal,
the CONTRACTOR must first obtain written authorization from the COUNTY, as well as the
property owner.
22.3 Preservation of Trees. Those trees which are designated on the Drawings for
preservation shall be carefully protected from damage. The CONTRACTOR shall erect and
maintain such protections such as barricades, guards, and enclosures as is necessary for the
protection of the trees during all construction operations. The CONTRACTOR shall replace any
and all trees damaged during construction activities (other than trees specified to be removed)
at no expense to the COUNTY.
22.4 Preservation of Private Property. The CONTRACTOR shall exercise extreme care to
avoid unnecessary disturbance of private property as applicable. Trees, shrubbery, gardens,
lawn and other landscaping that must be removed shall be replaced and replanted to restore the
construction easement to the condition existing prior to construction. All soil preparation
procedures and replanting operations shall be under the supervision of a nurseryman
experienced in such operations. Any vegetation requiring relocation, temporary or otherwise,
which is damaged or destroyed, shall be replaced at no cost to the COUNTY. The
CONTRACTOR shall replace any and all such vegetation damaged during construction activities
(other than vegetation specified to be removed) at no expense to the COUNTY.
22.5 Until final acceptance of the Work by the COUNTY pursuant to this Agreement, the
CONTRACTOR shall have full and complete charge and care of and, except as otherwise
provided in this subparagraph, shall bear all risk of loss of, and injury or damage to, the Work or
any portion thereof (specifically including the COUNTY-furnished supplies, equipment or other
items to be utilized in connection with, or incorporated in, the Work) from any cause whatsoever.
22.6 Existing manholes, fire alarms, etc., shall not be obstructed by the CONTRACTOR,
unless called for in the Contract Documents. The CONTRACTOR is to make no connections to
or operate valves on water mains or otherwise interfere with the operation of the water system,
without first giving written approval from the appropriate governmental entity.
ARTICLE 23
TESTS AND INSPECTIONS
23.1 If any Work (including the work of others) that is to be inspected, tested, or approved is
covered without written concurrence of the COUNTY, it must be uncovered for observation if
requested by the COUNTY. Such uncovering shall be at the CONTRACTOR's expense.
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23.2 The CONTRACTOR shall be liable for any additional testing or inspections necessitated
by defective work performed or materials supplied by the CONTRACTOR or by any of its
subcontractors or vendors of any tier.
ARTICLE 24
UTILITY COORDINATION
24.1 The CONTRACTOR shall be responsible for making all necessary arrangements with
governmental departments, utilities, public carriers, service companies and corporations owning
or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and
telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc.,
including incidental structures connected therewith, that are encountered in the Work in order
that such items may be properly shored, supported, and protected, or the CONTRACTOR shall
be solely responsible for coordinating their relocation. The CONTRACTOR: shall (A) give all
proper notices; (B) comply with requirements of such parties in the performance of its the Work;
(C) permit entrance of such parties on the Work site in order that they may perform their
necessary the Work; and (D) pay all charges and fees made by such parties for this the Work.
The CONTRACTOR's attention is called to the fact that there may be delays on the Project due
to the Work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties, in
every way possible, so that the construction can be completed in the least possible time.
24.2 At all points where the Work constructed by the CONTRACTOR connects to existing
utilities and services, the actual the Work of making the necessary connection to the existing
service or utility shall be arranged for by the CONTRACTOR at no expense to the COUNTY
(unless specifically indicated otherwise). Services and utilities included within (but not limited
to) this responsibility are roads, ditches, electrical, sewer, mechanical utilities, water, fencing,
etc. Connections shall be made at a time that will result in the least possible interference with
existing services.
24.3 FPL calls attention to the fact that there may be energized, high voltage electric lines,
both overhead and underground, located in the area of this Project. The CONTRACTOR must
visually survey the area and take the necessary steps to identify all overhead and underground
facilities prior to commencing construction to determine whether the construction of any
proposed improvements will bring any person, tool, machinery, equipment, or object closer to
FPL’s power lines than the OSHA-prescribed limits. If the CONTRACTOR identifies such, it
shall re-design the Project to allow for safe construction given the pre-existing power line
location, or make arrangements with FPL to, either deenergize and ground its facilities, or
relocate them. The CONTRACTOR must do this before allowing any construction near power
lines. If it is necessary for the CONTRACTOR and/or subcontractor to operate or handle cranes,
digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in
such a manner that they might come closer to underground or overhead power lines than is
permitted by local, state or federal regulations, the CONTRACTOR or subcontractor must notify
FPL in writing of such planned operation prior to the commencement thereof and make all
necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in
the vicinity of the electric lines should be suspended until these arrangements are finalized and
implemented. The CONTRACTOR shall be required to complete a “Notification of FPL Facilities”
form prior to the commencement of the Work.
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ARTICLE 25
HAZARDOUS MATERIALS
The CONTRACTOR shall obtain all required Federal, State, and local permits and licenses and
shall be responsible for the safe and proper handling, transporting, storage, and use of any
explosive or hazardous materials brought onto or encountered within the Project, and at its
expense, make good any damage caused by its handling, transporting, storage, and use. The
CONTRACTOR will notify the COUNTY immediately if explosive or hazardous materials are
encountered on the Project site. Transporting explosive or hazardous materials onto the site will
require prior written approval from the COUNTY. The CONTRACTOR shall maintain and post
as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the
course of its work. In the event that hazardous material is improperly handled or stored by the
CONTRACTOR, its subcontractors, or any employee or agent of any of the aforementioned,
which results in contamination of the site, the CONTRACTOR shall immediately notify the
COUNTY and the appropriate governmental authority and shall take whatever action is
necessary or desirable to remediate the contamination at the CONTRACTOR's sole cost and
expense.
ARTICLE 26
AUDIT
The CONTRACTOR agrees that the COUNTY, or any of its duly authorized representatives,
shall have access to and the right to examine any and all books, documents, papers, and records
of the CONTRACTOR, and may at its option conduct an audit of the CONTRACTOR’s financial
books and records concerning this the Project. The CONTRACTOR agrees that payment(s)
made under this Agreement shall be subject to reduction for amounts charged thereto, which
are found on the basis of audit examination, to constitute non-allowable costs under this
Agreement. The CONTRACTOR shall promptly refund by check payable to the COUNTY the
amount of such reduction of payments. All required records shall be maintained until the latter
of the completion of the audit and all questions arising therefore are resolved, or six (6) years
after completion of the Work and issuance of the Final Payment.
ARTICLE 27
PUBLIC RECORDS
27.1 The CONTRACTOR shall comply with the provisions of Chapter 119, Fla. Stat. (Public
Records Law), in connection with this Agreement and shall provide access to public records in
accordance with §119.0701, Fla. Stat. and more specifically Contractor shall:
27.1.1 Keep and maintain public records required by the County to perform the
Agreement.
27.1.2. Upon request from the County’s custodian of public records, provide the
County with a copy of 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,
Fla. Stat. or as otherwise provided by law.
27.1.3. 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 Agreement term and following completion of the Agreement if the
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CONTRACTOR does not transfer the records to the County.
27.1.4. Upon completion of the Agreement, transfer, at no cost, to the County all
public records in possession of the CONTRACTOR or keep and maintain public records
required by the County to perform the Agreement. If the CONTRACTOR transfers all
public records to the County upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the CONTRACTOR keeps and maintains public
records upon completion of the Agreement, the CONTRACTOR shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County’s custodian of public records, in a
format that is compatible with the information technology systems of the County.
27.2 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
(772) 419-6959, public_records@martin.fl.us, 2401 SE MONTEREY ROAD,
STUART, FL 34996.
27.3 Failure to comply with the requirements of this Article shall be deemed a default as
defined under the terms of this Agreement and constitute grounds for termination.
ARTICLE 28
ASSIGNMENT
28.1 The COUNTY and the CONTRACTOR each binds itself, its officers, directors, qualifying
agents, partners, successors, assigns, and legal representatives to the other party hereto and
to the partners, successors, assigns, and legal representatives of such other party in respect to
all covenants, agreements, and obligations contained in the Agreement.
28.2 The CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the
Agreement or its right, title, or interest in or to the same or any part thereof, or allow legal action
to be brought in its name for the benefit of others, without previous written consent of the
COUNTY and Surety.
28.3 If for any reason the COUNTY terminates its Agreement with the CONTRACTOR, the
CONTRACTOR hereby assigns this Agreement to the COUNTY. The CONTRACTOR shall
include in each of its subcontracts language that requires its subcontractors to agree to such
assignment and to perform their responsibilities and to fully complete the work required by this
Agreement directly for the COUNTY.
ARTICLE 29
ATTORNEY'S FEES AND COURT COSTS
29.1 In the event the CONTRACTOR defaults in the performance of any of the terms,
covenants, and conditions of this Agreement, the CONTRACTOR agrees to pay all damages
and costs incurred by the COUNTY in the enforcement of this Agreement, including reasonable
attorney's fees, expert fees, court costs, and all expenses, including but not limited to any costs
from any state court or federal court proceedings, whether in a trial court or in an appellate court.
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29.2 Except as otherwise provided in this Agreement, the parties expressly agree that each
party will bear its own attorney’s fees and court costs incurred in connection with this Agreement.
ARTICLE 30
NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing in at
least one of the following methods:
(a) Certified United States Mail, postage prepaid, return receipt requested; or
(b) Overnight courier, such as by FedEx or UPS, with a request for receipt
acknowledgment; or
(c) Hand-delivery to a person authorized to accept delivery of notice with a request for
a receipt acknowledgment; or
(d) Email if and only if agreed to in advance by COUNTY and CONTRACTOR in
writing specifying the email addresses, and if so agreed, the email shall a request
receipt acknowledgement.
The place for giving notice shall remain the same as set forth herein until changed in writing in
the manner provided in this section. For the present, the parties designate the following:
FOR COUNTY:
Martin County Purchasing Division
2401 SE Monterey Rd.
Stuart, FL 34996
WITH A COPY TO:
County Attorney
Martin County
2401 SE Monterey Rd.
Stuart, FL 34996
FOR CONTRACTOR: Daniels Fence Corp. 2700 SE Market Place Stuart, FL 34997
CONTRACTOR shall be required to notify the County, in writing, whenever there is a change
in the address of CONTRACTOR (to the place) for which notice is to be sent (giving notice), as
required in this section. In the event CONTRACTOR fails to maintain a current address on
record with the County as required herein, County shall be deemed to have notified
CONTRACTOR by using the last known address on record and County shall not have any
responsibility or obligation to investigate the validity of the address that CONTRACTOR has
provided. As a result, CONTRACTOR agrees to hold County harmless and defend same for
any action or occurrence or non-occurrence as a result of CONTRACTOR not receiving notice
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due to CONTRACTOR’s failure to update its address for notification.
All notices sent in accordance with this section shall be deemed to be effective upon receipt or
refusal of same unless otherwise expressly provided in this Agreement.
ARTICLE 31
RESOLUTION OF CLAIMS AND DISPUTES
31.1 As a condition precedent to the filing of any legal proceedings, the parties shall endeavor
to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated
by any party by serving a written request for same on the other party. The party shall, by mutual
agreement, select a mediator within 15 (fifteen) days of the date of the request for mediation. If
the parties cannot agree on the selection of a mediator then the COUNTY shall select the
mediator, who, if selected solely by the COUNTY, shall be a mediator certified by the Supreme
Court of Florida. The mediator’s fee shall be paid in equal shares by each party to the mediator.
If a party fails to comply with this section, including, but not limited to, filing a lawsuit without
mediating before filing the lawsuit, the party in violation shall be liable for the reasonable
attorneys’ fees and costs of the other party in enforcing this provision, and such amounts shall
be awarded by the Court.
31.2 Law, Jurisdiction, Venue, Waiver of Jury Trial. This agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in
the state courts of the Nineteenth Judicial Circuit in and for Martin County, Florida. If any claim
arising from, related to or in connection with this Agreement must be litigated in federal court,
the exclusive venue for any such lawsuit shall be in the United States District Court or United
States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, THE PARTIES HERETO EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO AN ADVISORY JURY. If a party fails to
withdraw a request for jury trial or for an advisory jury in a lawsuit arising out of this agreement
after written notice by the other party of a violation of this section, the party making the request
for jury trial or advisory jury shall be liable for the reasonable attorneys’ fees and court costs of
the other party in contesting the request for jury trial or advisory jury, and such amounts shall be
awarded by the Court in adjudicating the motion.
31.3 Certified claims. If CONTRACTOR submits a claim seeking an increase in the Contract
Price or an increase in the Contract Time or both, upon the request of the COUNTY in its sole
discretion, CONTRACTOR shall, within thirty (30) days, submit to COUNTY a “certified claim,”
that is, a claim made in writing under oath by a person duly authorized by the CONTRACTOR,
and shall contain a statement that:
(i) The claim is made in good faith;
(ii) The claim's supporting data are accurate and complete to the best of the person's
knowledge and belief;
(iii) The amount of the claim accurately reflects the amount that the claimant believes
is due from the COUNTY; and
(iv) The certifying person is duly authorized by the claimant to certify the claim.
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FAILURE TO PROVIDE THE REQUESTED CERTIFICATION WITHIN THE PRESCRIBED
PERIOD OF THIRTY (30) DAYS SHALL CONSTITUTE A FORFEITURE OF THE ENTIRE
CLAIM.
31.4 False, fraudulent, or inflated claim. If a court finds a certified claim is false, fraudulent, or
inflated, whether in whole or in part, CONTRACTOR shall:
(i) Be liable to the COUNTY for an amount equal to three (3) times the amount of the
claim that is false, fraudulent, or inflated;
(ii) Immediately, fully, and irrevocably forfeit the entire amount of the claim;
(iii) Be liable to the COUNTY for all costs and fees (including, without limitation,
reasonable attorneys’ fees, court costs, expert fees, and consulting fees) incurred by
the COUNTY to review, defend, and evaluate the claim; and
(iv) Be subject to debarment from COUNTY contracting for a period not to exceed five
(5) years.
31.5 Innocent claimant, notice. Notwithstanding the foregoing, CONTRACTOR is an innocent
claimant and not liable for a false, fraudulent, or inflated claim if CONTRACTOR submitted a
certified claim to the COUNTY reasonably believing that such claim was free of any material
misstatements, or any exaggerated, inflated, or unsubstantiated assertions or damages and had
no reasonable basis to doubt the truth, veracity, or accuracy of such claim at the time it was
submitted, and within fifteen (15) days of discovering the falsity of the claim, took immediate
steps to modify, correct, or withdraw such claim and provided the COUNTY with immediate
written notice thereof.
ARTICLE 32
MISCELLANEOUS
32.1 Taxes. The COUNTY is exempt from payment of Florida State Sales and Use
Taxes. The CONTRACTOR shall not be exempt from paying sales tax to its suppliers for
materials used to fulfill contractual obligations with the COUNTY, nor is the CONTRACTOR
authorized to use the COUNTY's Tax Exemption Number in securing such materials. The
CONTRACTOR shall be responsible for payment of all federal, state, and local taxes and fees
applicable to the Work and same shall be included in the Contract Price.
32.2 Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it
a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form
of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of the Agreement.
32.3 Entirety of Agreement. All prior and contemporaneous negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein are
merged into this Agreement. No modification, amendment, or alteration of this Agreement may
be made unless made in writing pursuant to the terms of this Agreement.
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EXHIBIT A
SCOPE OF SERVICES
Contract includes all labor, mobilization, materials, permit fees and services necessary for
design, permitting, installation, repair and/or replacement of fencing throughout the County on
an as needed basis.
Projects (work orders) shall be assigned on an individual basis to any of the awarded Contractors
using the Contract Unit prices and based on the total project cost and schedule constraints.
Proposals shall be provided within ten (10) business days of request.
All Contract requirements and performance criteria shall be adhered to for each individual project
(work order) including but not limited to Notice to Proceed, Contract Time, Contract Price,
Substantial Completion, and Final Completion.
Individual projects (work orders) shall not exceed $300,000.00 per Section 255.20, Florida
Statute (as amended).
Liquidated damages shall be determined on a project-by-project basis and identified in the Work
Order.
Work Orders $200,000 or greater (or otherwise indicated)
Payment & Performance Bonds shall be required for all Work Orders $200,000 or greater (or
otherwise indicated) and shall be recorded in the public records of Martin County. A certified
copy of completed and recorded bonds must be delivered to and accepted by the County (Attn:
Purchasing Division / pur_div@martin.fl.us) prior to commencement of the Work. Bond
premiums shall be paid by Contractor. Bonds shall be on the form provided by the County and
written through a licensed agency that fulfills the requirements of §287.0935, Fla. Stat.
CONTRACTOR RESPONSIBILITIES
• Contractor must perform work during regular business hours except in cases of an
emergency.
• Contractor must respond within a 24-hour period for emergency fence repairs.
• Contractor must be properly licensed and be capable of providing insurance required by
the sample Agreement included with this Request for Bids (RFB).
• All work shall be warrantied for one (1) full year from the date of completion of work.
• Contractor shall be required to repair or restore any damage that is caused by their staff
at the Contractor’s expense.
• Contractor’s employees shall be required to always wear or have identification of
themselves as members of the Contractor’s staff. The Contractor may be asked to leave
premises if in violation of this provision.
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Countywide Fencing
• Contractor shall follow safety procedures, provide their staff with the proper safety
equipment, and ensure they always wear the equipment while performing their work for
the county. This includes proper footwear, hand and eye protection or other necessary
safety equipment. The Contractor may be asked to leave premises if in violation of this
provision.
• Contractor shall be familiar with important safety procedures while working at
water/wastewater treatment facilities and shall communicate to their staff that hazardous
materials are present at these locations.
• Contractor must use their own tools for any installation, repairs, and maintenance on-site.
Contractor shall dispose of all old fence materials in a lawful manner.
SPECIFICATIONS
All fencing shall be installed per Chain Link Fence Wind Load Guide for the Selection of Line
Post and Line Post Spacing (WLG 2445) and Standard Practice for Installation of Chain-Link
Fence (ASTM F- 567 14a {2019} or latest edition).
Galvanized fencing material is to be 9 gauge, 6 gauge shall be an option. Knuckle and knuckle
fencing shall be an option. All post and rails are to be SCH 40 and properly sized according to
Chain Link Fence Wind Load Guide – WLG 2445. Contractor shall use steel ties only, no
aluminum ties permitted. Excessive roughness or sharp protrusions existing on the fabric
created during the manufacturing process shall be installed in such a manner that the protrusions
are not facing the playing area for Park and Recreation sites.
Vinyl fencing is to be 9 gauge fused and bonded for Utilities sites.
Vinyl fencing is to be 9 gauge fused and bonded except for the bottom section of fencing with a
backstop, which will be 6 gauge for Parks & Recreation sites.
FDOT Type A Woven Wire Farm Fence – FDOT Type A Fence shall comply with FDOT Standard
Plans (latest edition) Index 550-001 with the exception that all fence posts shall be metal posts
not wood posts.
FDOT Type B - 6’ Chain Link Fence – FDOT Type B Fence shall comply with FDOT Standard
Plans (latest edition) Index 550-002.
FDOT Cantilever Slide Gate for Type B Chain Link Fence – FDOT Type B Fence Cantilever
Slide Gate shall comply with FDOT Standard Plans (latest edition) Index 550-003.
Post & Rail Fencing shall comply with Martin County Standard Details for Road & Site
Construction and Public Facilities (latest edition) Detail P-60. A detail sheet for post and rail
fencing is provided with this RFB. (Attachment 1)
Gates / Gate Operators; Repairs, Replacement of Existing Systems, Custom and Standard
Configurations for New Systems.
Diamond Rail Fence shall comply with detail sheet provided with this RFB. (Attachment 2)
Page 44 of 45 RFB2023-3516
Countywide Fencing
Double Road Gates shall comply with Martin County Standard Details for Road & Site
Construction and Public Facilities (latest edition) Detail P-61. A detail sheet for post and rail
fencing is provided with this RFB. (Attachment 3)
Different fence configurations not listed shall be allowed at a cost of labor and material plus
markup.
The goods and/or services listed in this bid are for the purposes of price comparison and are not
intended to be all inclusive. The County may add goods and/or services at any time during the
term of this Agreement at a cost to be agreed upon by the Vendor and the County. Items
incidental to the project but not included in the attached bid schedule shall be allowed under this
contract.
Page 45 of 45 RFB2023-3516
Countywide Fencing
EXHIBIT B
SAMPLE WORK ORDER
RFB2023-3516
COUNTYWIDE FENCING
WORK ORDER NO.
Pursuant to that certain Contract (“Contract”) between Martin County (“County”) and
(“Contractor”) dated , Contractor hereby agrees to provide the services specified on
Exhibit “A”, under the terms and conditions and at a cost of $ all as more specifically
described in Exhibit “A”, attached hereto and incorporated by this reference. The terms of the
Contract shall be deemed to be incorporated in each individual Work Order as if fully set forth
herein.
Substantial Completion Time: calendar days
Final Completion Time: calendar days
Liquidated Damages: $ per day
IN WITNESS WHEREOF, the County and the Contractor have executed this Work Order
effective this day of 20 .
(CONTRACTOR NAME) BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
(Name) Department Director Name
(Title) Title
Work orders $200,000 or greater (or otherwise indicated)
Payment & Performance Bonds shall be recorded in the public records of Martin County. A certified
copy of completed and recorded bonds must be delivered to and accepted by the County (Attn:
Purchasing Division / pur_div@martin.fl.us) prior to commencement of the Work. Bond premiums
shall be paid by Contractor. Bonds shall be on the form provided by the County and written through a
licensed agency that fulfills the requirements of §287.0935, Fla. Stat.
EXHIBIT C
Rf 82023-3516
COUNTYWIDE FENCING
, ms form shall be typewr,tten. Han awntten forms W Iii not be accepted.
DESCRIPTION
Galvanized Fence with Top Rail & Tension Wire
Galvanized Fence with Top Rail & Bottom Rail
Galvanized Corner Post with Braces
Galvanized Terminal Post with Braces
Galvanized Gate with Posts, Braces & Wheels, Double Drive
Galvanized Gate with Posts, Braces & Wheels, Roll
Vinyl Coated Galvanized Fence with Top Rail & Tension Wire
Vinyl Coated Galvanized Fence with Top Rail & Bottom Rail
Vinyal Coated Galvanized Corner Post with Braces
Vinyl Coated Galvanized Terminal Post with Braces
Vinyl Coated Galvanized Gate with Posts , Braces & Wheels, Double
Drive
Bi d Form
Page 1 of 2
FT
4
6
8
10
12
4
6
8
10
12
4
6
8
10
12
4
6
8
10
12
6
8
10
12
6
8
10
12
4
6
8
10
12
4
6
8
10
12
4
6
8
10
12
4
6
8
10
12
6
8
10
12
UNIT
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
MATERIAL COST
$ 14.88
$ 19.06
$ 22.37
$ 28.85
$ 36.75
$ 21.47
$ 25.58
$ 29.06
$ 37.22
$ 45.31
$ 160.00
$ 214.50
$ 247.50
$ 341.25
$ 385.00
$ 120.00
$ 165.00
$ 198 .00
$ 262.00
$ 297.50
$ 1,516.60
$ 1,547.29
$ 1,693.56
$ 1,738.71
$ 1,447.55
$ 1,491.02
$ 1,860.78
$ 2,047.94
$ 22.00
$ 24.75
$ 29.00
$ 34.00
$ 38.00
$ 26.25
$ 31.00
$ 34.00
$ 41.00
$ 44.00
$ 300.00
$ 350.00
$ 390.00
$ 480.00
$ 525.00
$ 300.00
$ 350.00
$ 390.00
$ 480.00
$ 525.00
$ 2,100.00
$ 2,350.00
$ 2,675.00
$ 2,850.00
INSTALLATION
COST (PER
HOUR)
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
$ 110.00
VILLAGE OF NORTH PALM BEACH
Country Club Golf Operations
TO: Chuck Huff, Village Manager
CC: Samia Janjua. Deputy Village Manager
Beth Davis, General Manager NPBCC
FROM: Allan Bowman, Head Golf Professional
DATE: October 12, 2023
SUBJECT: RESOLUTION – Approving a Contract with Drive On Cart Path Systems, LLC for Golf Cart Path Curbing, Extension and Replacement and waiving the Village’s purchasing policies and procedures.
Village Staff is seeking Village Council approval of a Contract with Drive On Cart Path Systems, LLC
for concrete work for golf cart path curbing, extension, and panel replacement at the North Palm
Beach Country Club golf course.
The golf cart path project is included in the Fiscal Year 2024 budget. Drive On Cart Path Systems
has provided golf cart path curbing, extension, and panel replacement services to the Village for the
prior four years. Staff’s goal is to maintain the exact same level of consistency concerning the shape
and quality of the work. Additionally, the same company provided the concrete pads for the golf
course driving range, and the Village has been extremely satisfied with the work previously
performed. The proposed Contract authorizes Drive On Cart Path Systems to perform the work
based on unit pricing at a total cost not to exceed $50,000.00.
While Staff attempted to obtain unit pricing from other companies (see e-mail included as back up),
Staff was unable to identify another company willing to perform the work under the same terms and
conditions. While the Village did receive a quote from Flying Scot, Inc., that quote required the use
of Village “dump buggies.” These vehicles are owned by BrightView Golf Maintenance and not the
Village. Because the Village’s purchasing policies and procedures require three quotes for
expenditures up to $50,000, Staff is seeking a waiver of the Village’s purchasing policies and
procedures.
Account Information:
Fund Department Account
Number Account Description Amount
Country Club Golf Course
Maintenance L8045-34680 R&M Rds. & Blding $ 50,000.00
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the
Village Attorney.
Recommendation: Village Staff recommends Council consideration and adoption of the
attached Resolution approving a Contract with Drive On Cart Path Systems, LLC for golf cart
path curbing, extension, and panel replacement at the North Palm Beach Country Cl ub golf
course in an amount not to exceed $50,000.00, with funds expended from Account No. L8045-
34680 (Golf Course Maintenance – R & M Streets, Roads, and Paths), and waiving the Village’s
purchasing policies and procedures.
RESOLUTION 2023-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH DRIVE ON
CART PATH SYSTEMS, LLC FOR CONCRETE CART PATH CURBING ,
EXTENSION, AND PANEL REPLACEMENT AT THE NORTH PALM BEACH
COUNTRY CLUB GOLF COURSE AND AUTHORIZING EXECUTION OF THE
CONTRACT; WAIVING THE VILLAGE’S PURCHASING POLICIES AND
PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village is in need of concrete work at the North Palm Beach Country Club Golf
Course, including the extension of cart paths, the removal and replacement of broken cart path panels
and the installation of concrete roll curb; and
WHEREAS, Village Staff solicited quotes for unit pricing and recommended accepting the cost
proposal submitted by Drive On Cart Path Systems, LLC; and
WHEREAS, the Village Council determines that the 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 approves a Contract with Drive On Cart Path Systems,
LLC for the extension of cart paths, the removal and replacement of broken cart path panels and the
installation of concrete roll curb at the North Palm Beach Country Club Golf Course at a cost not to
exceed $50,000.00, with funds expended from Account No. L8045-34680 (Golf Course Maintenance
– R & M Streets, Roads, and Paths). The Village Council further authorizes the Mayor and Village
Clerk to execute the Contract, a copy of which is attached hereto and incorporated herein.
Section 3. In approving this Contract and expenditure, the Village Council hereby waives any
conflicting provisions of the Village’s purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 7
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 DRIVE ON CART PATH
SYSTEMS, LLC, 3701 Warwick Drive, Cocoa, Florida 32926, a Florida limited liability company
(hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE is in need of concrete work at the North Palm Beach Country Club
golf course including, but not limited to, golf cart path curbing, extension, and panel replacement
(“Work”); and
WHEREAS, the VILLAGE wishes to accept the unit pricing proposal 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 as directed by the VILLAGE in accordance with its unit
pricing proposal dated September 22, 2023 (including a single $1,250.00 mobilization
charge), a copy of which is 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 Fifty Thousand Dollars and No Cents
($50,000.00).
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.
Page 2 of 7
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. 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 in voiced 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, including 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”.
Page 3 of 7
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. If
CONTRACTOR is at all responsible for the occurrence to any degree, the indemnification
provision set forth in subsection A above shall control. 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 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 Section 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.
In addition to any manufacturer warranties, 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. Should any Work fail to comply with this warranty during the warranty period of one
(1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair
or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The
CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and
certify that the Work complies with the conditions set forth in such warranties, if any.
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
Page 4 of 7
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 and 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.
10. Termination
This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10)
days’ written notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR
upon providing thirty (30) days’ written notice to the VILLAGE. Notices may be served by first-
class mail to the addresses set forth above, electronic mail, or hand-delivery. Upon any such
termination, CONTRACTOR waives any claims for damages from such termination, including,
but not limited to, loss of anticipated profits. Unless CONTRACTOR is in breach of this Contract,
the VILLAGE shall pay CONTRACTOR for work performed and accepted through the date of
termination.
11. 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.
Page 5 of 7
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 an express conflict between
this Contract and CONTRACTOR’s Proposal/Pricing Agreement, the terms of this
Contract shall control.
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),
Page 6 of 7
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. As provided in section 287.135, Florida Statutes, CONTRACTOR certifies that it and any
authorized subcontractors are not participating in a boycott of Israel. CONTRACTOR
further certifies that it and its affiliates have not been placed on the Convicted Vendor List
under section 287.133, Florida Statutes. The VILLAGE and CONTRACTOR agree that
the VILLAGE shall have the right to immediately terminate this Contract if
CONTRACTOR, its authorized subcontractors or affiliates have been placed on the
Scrutinized Companies that Boycott Israel List, is engaged in a boycott of Israel, or has
been placed on the Convicted Vendor List maintained by the State of Florida.
J. 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,
Page 7 of 7
upon request from the VILLAGE’s custodian of public records, in a format that is
compatible with the information technology systems of the VILLAGE.
K. 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.
DRIVE ON CART PATH SYSTEMS, LLC
By:
Print Name:__________________________
Position:_____________________________
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
Flying Scot, Inc.
11924 w forest hill blvd
Wellington, FL 33414 US
(561) 966-0089
shawn@flyingscotinc.com
Estimate
ADDRESS
VILLAGE OF NORTH PALM
BEACH
645 PROSPERITY FARMS RD.
FLORIDA
NORTH PALM BEACH, FL
33408
ESTIMATE #1908
DATE 09/12/2023
ACTIVITY QTY RATE AMOUNT
concrete cart path replacement 0.00
FORM AND POUR 4"
FORM AND POUR 4" CONCRETE CONTRACT #5
1 3.00 3.00
LABOR
MAN HOURS
0.035 260.00 9.10
MISC
CONCRETE PLACEMENT LABOR AND BUGGIES CONTRACT
#2
0.017 260.00 4.42
Estimate includes use of two Village of North Palm Beach dump
buggies to haul concrete pathway and soil material to staging area on
site and a golf cart. Permit and engineering by others.
0.00
REMOVE 4" CONCRETE
REMOVE 4" CONCRETE
1 1.75 1.75
SUBTOTAL 18.27
TAX 0.00
TOTAL $18.27
Accepted By Accepted Date