01-25-2024 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 25, 2024
501 U.S. HIGHWAY 1 7:00 PM
Susan Bickel Deborah Searcy Judy Pierman Karen Marcus Vacant
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 January 11, 2024
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, January 25, 2024 Page 2 of 3
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
2. RESOLUTION – Approving the Purchase of Twelve Cisco Network Switches from SHI International
Corporation at at total amount not to exceed $49,070.28.
3. RESOLUTION – Approving a Contract award to Florida Sidewalk Solutions, LLC for repair of
sidewalk trip hazards at a total amount not to exceed $36,635.63; and authorizing execution of the Contract.
4. Receive for file Minutes of the Business Advisory Board meeting held 9/19/23.
5. Recieve for file Minutes of the Business Advisory Board meeting held 10/17/23.
6. Receive for file Minutes of the Environmental Committee Meeting held 11/6/23.
7. Receive for file Minutes of the Planning, Zoning and Adjustment Board meeting held 11/14/23.
8. Receive for file Minutes of the Recreation Advisory Board meeting on 12/12/23.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
9. 1ST READING OF ORDINANCE 2024-03 – MAJOR PUD AMENDMENT Consider a motion to adopt on first
reading Ordinance 2024-03 amending Ordinance No. 2017-07 approving a Commercial Planned
Unit Development on approximately 2.72 acres of real property located on the west side of U.S.
Highway One north of Ebbtide Drive and South of Lighthouse Drive to approve an additional sign
waiver for the commercial outparcel building.
10. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2024-01 – ADOPTING ADMINISTRATIVE
AMENDMENTS OF THE FLORIDA BUILDING CODE TO VILLAGE CODE Consider a motion to
adopt and enact on second reading Ordinance 2024-01 adopting Administrative Amendments to the
8th (2023) Edition of the Florida Building Code.
11. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2024-02 – CODE AMENDMENT –
VOLUME AND MASSING REGULATIONS FOR SINGLE-FAMILY DWELLINGS Consider a motion
to adopt and enact on second reading Ordinance 2024-02 amending Appendix C (Chapter 45), "Zoning,"
of the Village Code of Ordinances to readopt certain regulations relating to the volume and massing
of single-family dwellings; amending Section 45-27, "R-1 Single Family Dwelling District," to require
additional setbacks for second stories, limit the floor area of the second story, and prohibit blank walls.
OTHER VILLAGE BUSINESS MATTERS
12. RESOLUTION – ANNOUNCING THE VILLAGE GENERAL ELECTION Consider a motion to adopt
a resolution announcing the date of the Village General Election, Annexation Referendum Election,
and Run Off Election, if necessary; designating voting locations; requesting that the Supervisor of
Elections conduct the Election; authorizing the Supervisor of Elections to certify the accuracy of the
tabulation equipment and handle, certify and canvass all ballots, including absentee ballots; and
designating the Canvassing Board.
13. RESOLUTION – DELL LAPTOPS PURCHASE FOR POLICE DEPARTMENT Consider a motion
to adopt a resolution approving the purchase of thirty-five Dell laptop computers and related
equipment at a total amount not to exceed $77,151.55.
14. RESOLUTION – BLANKET PURCHASE ORDER INCREASE FOR SIDEWALK REPAIR Consider
a motion to adopt a resolution increasing the Blanket Purchase Order with Flying Scot Inc. to
$200,000 for sidewalk repair.
Regular Session Agenda, January 25, 2024 Page 3 of 3
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
JANUARY 11, 2024
Present: Susan Bickel, Mayor
Deborah Searcy, Vice Mayor
Judy Pierman, President Pro Tem
Karen Marcus, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Bickel called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Bickel gave the invocation and Vice Mayor Searcy led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held December 14, 2023 and the Minutes of the Special
Session held December 21, 2023 were approved as written.
Mayor Bickel gave a statement regarding her concerns about misinformation, rumors and
disparagements that have taken place over social media. Mayor Bickel stated that disagreements
were an important part of democracy but the way the disagreements have been handled in the
community lately needed to stop. Mayor Bickel stated that every single action that has been taken
by former, current Councilmembers have been done at a noticed public meeting, and that the
accusations that business had been conducted behind closed doors was offensive. Mayor Bickel
encouraged residents to attend Council meetings or watch them online. Mayor Bickel also
encouraged residents to join a Village board or committee. Mayor Bickel stated that the Village
also has a monthly newsletter, weekly bulletin and a Village website that was easily accessible to
residents. Mayor Bickel also encouraged residents to talk to or email Councilmembers or the
Village Manager to get information directly from the source. Mayor Bickel concluded by stating
that it was time that residents treat all members of the community with respect.
STATEMENTS FROM THE PUBLIC
Cindy Seaberg, 860 Fathom Court, stated that she presented a petition with 700 signatures to
Council last year that requested the installation of pickle ball courts in the Village. Ms. Seaberg
requested a status update on the new pickle ball courts.
Draft Minutes of the Village Council Regular Session held January 11, 2024 Page 2 of 6
STATEMENTS FROM THE PUBLIC continued
Tom Seller, 134 Lakeshore Drive, #915, gave information regarding the amount of pickle ball
courts that were available in surrounding communities and expressed concern that the Village did
not have any pickle ball courts.
Chris Ryder, 118 Dory Road S, welcomed the new interim Councilmembers and expressed his
concerns regarding the proposed project at the Twin Cities Mall site and the proposed 200 Yacht
Club Drive project. Mr. Ryder expressed concern that the agenda for the Joint Planning, Zoning and
Adjustment Board meeting between the Village and the Town of Lake Park was pulled from the
website after the meeting was canceled. Mr. Ryder referenced the Village’s Organizational Chart and
expressed concern regarding correspondence between Village staff and Advisory Board members.
Marilyn Tiedemann, 100 Wettaw Lane, expressed her concerns and opposition of the proposed
Twin Cities Mall site project.
Ron Okolichany, 417 Northlake Drive, wished everyone a Happy New Year and conveyed
gratitude to Judy Pierman and Karen Marcus for stepping up as interim Councilmembers. Mr.
Okolichany stated that Councilmembers were elected to represent the will and desires of the
Village residents and he hoped the newly elected Councilmembers for 2024 would hear the
residents and listen to what they have to say, respond to emails and phone calls in a timely manner
and not vote for items that residents were against.
Denise Robinette, 756 Prosperity Farms Road, expressed her concerns regarding the proposed
Twin Cities Mall site project.
Mary Phillips, 525 Ebbtide Drive, stated that she supported Mayor Bickel’s statement at the
beginning of the meeting and expressed her concerns regarding the proposed Twin Cities Mall site project.
CONSENT AGENDA APPROVED
Councilmember Marcus moved to approve the Consent Agenda. Vice Mayor Searcy seconded the
motion, which passed unanimously. The following items were approved:
Motion to grant a merit increase of 4.1% to the Village Clerk based upon the averaged
score of the performance evaluations and directing the Village to process same.
Resolution approving an Amendment to the Professional Services Agreement with Chen
Moore and Associates, Inc. to increase the total amount of compensation in an amount not
to exceed $80,000 for Fiscal Year 2024; and authorizing execution of the Amendment.
Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2024
Budget to convert two part-time Building Construction Inspector positions to one full-time
Senior Building Construction Inspector position.
Receive for file Minutes of the Recreation Advisory Board meeting held 11/14/23.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2024-01 ADOPTING ADMINISTRATIVE AMENDMENTS OF THE
FLORIDA BUILDING CODE TO VILLAGE CODE
A motion was made by Vice Mayor Searcy and seconded by Councilmember Marcus to adopt on
first reading Ordinance 2024-01 entitled:
Draft Minutes of the Village Council Regular Session held January 11, 2024 Page 3 of 6
ORDINANCE 2024-01 ADOPTING ADMINISTRATIVE AMENDMENTS OF THE
FLORIDA BUILDING CODE TO VILLAGE CODE continued
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING ADMINISTRATIVE AMENDMENTS TO THE 8TH (2023)
EDITION OF THE FLORIDA BUILDING CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Community Development Director Caryn Gardner-Young explained that the purpose of the
ordinance was an administrative function that needed to take place every three (3) years wherein
every municipality and county is required to adopt updates and amendments to their building code
in order to match the updates and amendments of the Florida Building Code.
Thereafter, the motion to adopt on first reading Ordinance 2024-01 passed unanimously.
ORDINANCE 2024-02 CODE AMENDMENT – VOLUME AND MASSING REGULATIONS
FOR SINGLE-FAMILY DWELLINGS
A motion was made by Vice Mayor Searcy and seconded by President Pro Tem Pierman to adopt
on first reading Ordinance 2024-02 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 READOPT CERTAIN REGULATIONS RELATING
TO THE VOLUME AND MASSING OF SINGLE-FAMILY DWELLINGS; AMENDING
SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REQUIRE
ADDITIONAL SETBACKS FOR SECOND STORIES, LIMIT THE FLOOR AREA OF THE
SECOND STORY, AND PROHIBIT BLANK WALLS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Community Development Director Caryn Gardner-Young began a presentation that explained the
history of the revisions that were made to the volume and massing regulations for single-family
dwellings in the Village’s code. Mrs. Gardner-Young discussed and explained the proposed new
language and reviewed the recommendations of the Planning, Zoning and Adjustment Board.
Chris Ryder, 118 Dory Road S, expressed concern that certain revisions to the code as it related to
the volume and massing of single-family dwellings should have been made years ago.
Lisa Interlandi, 150 Anchorage Drive S, gave her recommendations for revisions to the volume
and massing regulations for single-family dwellings code. Ms. Interlandi specifically
recommended not allowing an exemption of the second floor setback for homes that are located
on a waterway.
Gregory Sean Foster, 4149 Burns Road, stated that he did not have an opinion either way on the
volume and massing regulations for single-family dwellings in the Village’s code. Mr. Foster was
concerned about potential homebuilders such as himself not having the proper warning of revisions
to the code so that they can prepare and plan properly.
Draft Minutes of the Village Council Regular Session held January 11, 2024 Page 4 of 6
ORDINANCE 2024-02 CODE AMENDMENT – VOLUME AND MASSING REGULATIONS
FOR SINGLE-FAMILY DWELLINGS continued
Discussion ensued between Councilmembers, Mr. Rubin and staff regarding the proposed
revisions to the volume and massing regulations for single-family dwellings in the Village’s code.
Councilmembers gave their recommendations for revisions.
Mrs. Gardner-Young and Mr. Rubin noted the recommendations and stated that they would bring
them back for consideration at the second reading of the ordinance.
Thereafter the motion to adopt on first reading Ordinance 2024-02 passed unanimously.
RESOLUTION 2024-03 – POLICE DEPARTMENT BOAT PURCHASE
A motion was made by Councilmember Marcus and seconded by Vice Mayor Searcy to adopt
Resolution 2024-03 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING THE PURCHASE OF A FLUID WATERCRAFT PATROL
BOAT FROM SIROCCO MARINE LLC TO REPLACE THE POLICE DEPARTMENT’S
MARINE 1 PATROL BOAT AND THE PURCHASE OF TWO SUZUKI OUTBOARD
ENGINES FROM NICK’S CREATIVE MARINE, INC.; WAIVING THE VILLAGE’S
PURCHASING POLICIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff stated the Police Department’s current Contender boat was twenty-four (24) years old
and had taken on water was submerged. Mr. Huff explained that since the boat was now
inoperable, the Police Department was in need of another boat. In lieu of ordering a newly built
replacement boat, which would require a significant wait time, the Village’s Purchasing Policies
and Procedures would need to be waived in order to purchase a new 2023 boat that was already
built and ready to be put to use right away.
Thereafter the motion to adopt Resolution 2024-03 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mr. Huff gave an update on the undergrounding of utilities by FPL in the Village and the plans for
the dry storage project at Anchorage Park.
President Pro Tem Pierman stated that she was proud to see residents in attendance and thanked
them for voicing their opinions. President Pro Tem Pierman thanked Council for the opportunity
to serve the Village again.
Councilmember Marcus stated that Ms. Tiedeman left out the Toleno family from the list of
original Village of North Palm Beach families that she mentioned in her public comment.
Mr. Huff gave an update on the timeline and location of the proposed installation of pickle ball
courts in the Village.
Draft Minutes of the Village Council Regular Session held January 11, 2024 Page 5 of 6
MAYOR AND COUNCIL MATTERS/REPORTS continued
Vice Mayor Searcy announced that the Hot Cars and Chili event would be taking place in
approximately two weeks and that Recreation Department staff was still in need of participants for cars
and chili.
Vice Mayor Searcy requested updated photos of the newest Councilmembers.
Vice Mayor Searcy requested an update on the lighting code.
Mr. Huff and Mrs. Gardner-Young stated that the lighting code was in the process of being
reviewed and would be brought to Council for consideration at a future meeting.
Mr. Huff gave an update on discussions regarding the proposed Twin Cities Mall site project and stated
that the developer had tentatively scheduled a meeting on January 29 at the Community Center
between 5 p.m. and 7 p.m. for a presentation and conversation with residents about the proposed project.
VILLAGE MANAGER MATTERS/REPORTS
Police Chief Richard Jenkins began a presentation on the Police Department’s Annual Report.
Chief Jenkins discussed and explained the average response time analysis, crime statistics, crime
analysis report three (3) year statistics, North Palm Beach as the 6 th safest city in Florida, North
Palm Beach Police Department 30x30 Initiative, annual recruitment analysis, arrestee
demographics analysis, Baker Act analysis, NET accomplishments analysis, Police Department
fiscal data and SWOT analysis.
Councilmembers expressed their gratitude to Police Chief Jenkins and the Village’s Police
Department for all that they do.
Mr. Huff stated that former Village Manager Andy Lukasik had initiated the Neighborhood
Enhancement Team (NET). Mr. Huff thanked Council for allowing the program that helps
individuals in the community that are in need. Mr. Huff also expressed gratitude to Police Chief
Jenkins and the Village’s Police Department for all that they do.
President Pro Tem Pierman expressed gratitude for “Coffee with a Cop” and encouraged residents
to participate.
Mr. Rubin gave an update on the potential lawsuit to challenge the Form 6 requirement. Mr. Rubin
provided a handout with information regarding the potential lawsuit and asked Council to review
and let him know if it was something they wanted to pursue.
Mr. Huff announced that Village offices would be closed on Monday, January 15 in observance
of Martin Luther King Day.
Councilmember Marcus announced an Arbor Day Celebration on January 20 at Osbourne Park.
Mayor Bickel reiterated that she was thankful for residents attending meetings and encouraged
everyone to continue to attend. Vice Mayor Bickel reminded everyone that Council and the
Village Manager were accessible by email or phone and that information was readily available in
the monthly and weekly newsletter and the website.
Draft Minutes of the Village Council Regular Session held January 11, 2024 Page 6 of 6
VILLAGE MANAGER MATTERS/REPORTS continued
Vice Mayor Searcy explained that she and the other Councilmembers had jobs in addition to their
service on the Village Council. Vice Mayor Searcy stated if she or other Councilmembers were
not as responsive as residents would like it was because they were there to serve their community
in their spare time and would always do their best to respond in a timely manner.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:41 p.m.
VILLAGE OF NORTH PALM BEACH
INFORMATION TECHNOLOGY
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Michael Applegate, IT Director
DATE: January 25, 2024
SUBJECT: RESOLUTION – Approving the Purchase of Cisco Network Switches pursuant to
pricing established by State Contract at a total cost of $49,070.28
During the FY 2023 budgetary process, funds were allocated to upgrade our current network
infrastructure with new network switches. The Village’s current switches are seven years old and have
reached end of service life status. Due to the end of service life status, support and hardware updates
are no longer available from the manufacturer. Current equipment also lacks needed bandwidth,
centralized management, and enhanced security functionality. Several of the switches are starting to
experience hardware failures and shut down unexpectedly.
After extensive research and product demonstrations, the Information Technology Department
recommends the purchase of twelve Cisco network switches. Cisco is the industry standard in network
switching and security. Cisco’s networking solution will provide managed switches at all Village facilities.
Additionally, networking switches will provide for increased bandwidth, added security, power over
ethernet functionality, reduced power consumption, centralized management, and advanced energy
management features.
The Information Systems department has found a vendor, SHI International Corporation, which provided
a quote to the Village in the amount of $49.070.28 for twelve (12) Cisco network switches in accordance
with prices established by Florida State Contract No. 43220000-NASPO-19-ACS (Data Communications
Products and Services). All state contracts are competitively bid.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney
Account Information:
Fund Department Account
Number Account Description Amount
General
Fund Information Technology A5004-35111 Computer Supplies $49,070.28
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution authorizing
the purchase of twelve (12) Cisco network switches from SHI International Corporation utilizing
pricing established in Florida State Contract No. 43220000-NASPO-19-ACS at a total cost of
$49,070.28, with funds expended from Account No. A5004-35111 (IT – Computer Supplies), in
accordance with Village policies and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF
TWELVE CISCO NETWORK SWITCHES FROM SHI INTERNATIONAL
CORPORATION PURSUANT TO PRICING ESTABLISHED BY STATE
CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff is requesting the purchase of new network switches to replace current
switches that have reached end of service life status and to upgrade the Village’s network
infrastructure; and
WHEREAS, Village Staff recommends the purchase of twelve (12) Cisco network switches
pursuant to pricing established in Florida State Contract No. 43220000-NASPO-19-ACS (Data
Communications Products and Services); and
WHEREAS, the Village Council determines that the adoption of thi s Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the purchase of twelve (12) Cisco network
switches pursuant to pricing established in Florida State Contract No. 43220000-NASPO-19-ACS
(Data Communications Products and Services). The total amount expended for this purchase shall
not exceed $49,070.28, with funds expended from Account No. A5004-35111 (Information
Technology – Computer Supplies).
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Pricing Proposal
Quotation #: 24119536
Created On: 10/31/2023
Valid Until: 1/31/2024
FL-Village of North Palm Beach Inside Account
Executive
Michael Applegate
501 US Highway 1
Information Technology
North Palm Beach, FL 33408
United States
Phone:
Fax:
Email:mapplegate@village-npb.org
Alejandro Cortes
300 Davidson Avenue
Somerset, NJ 08873
Phone: 800-527-6389 EXT 652-0307
Fax:
Email:alejandro_cortes@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Catalyst 9200L 24-port PoE+, 4 x 1G, Network Advantage
Cisco Systems - Part#: C9200L-24P-4G-A
Contract Name: NASPO Data Communications
Contract #: AR3227
Subcontract #: 43220000-NASPO-19-ACS
6 $1,644.92 $9,869.52
2 SNTC-8X5XNBD Catalyst 9200L 24-po
Cisco Systems - Part#: CON-SNT-C920L2GA
Contract Name: NASPO Data Communications
Contract #: AR3227
Subcontract #: 43220000-NASPO-19-ACS
Note: Duration: 12 months
6 $210.64 $1,263.84
3 C9200L Cisco DNA Advantage, 24-port, 3 Year Term license
Cisco Systems - Part#: C9200L-DNA-A-24-3Y
Contract Name: NASPO Data Communications
Contract #: AR3227
Subcontract #: 43220000-NASPO-19-ACS
6 $1,089.54 $6,537.24
4 Catalyst 9200L 48-port Partial PoE+, 4 x 1G, NW Advantage
Cisco Systems - Part#: C9200L-48PL-4G-A
Contract Name: NASPO Data Communications
Contract #: AR3227
Subcontract #: 43220000-NASPO-19-ACS
6 $2,826.96 $16,961.76
5 SNTC-8X5XNBD Catalyst 9200L 48-port Partial PoE+, 4 x
Cisco Systems - Part#: CON-SNT-C9200L84
Contract Name: NASPO Data Communications
Contract #: AR3227
Subcontract #: 43220000-NASPO-19-ACS
Note: Duration: 12 months
6 $369.41 $2,216.46
6 C9200L Cisco DNA Advantage, 48-port, 3 Year Term license
Cisco Systems - Part#: C9200L-DNA-A-48-3Y
Contract Name: NASPO Data Communications
Contract #: AR3227
6 $2,036.91 $12,221.46
Subcontract #: 43220000-NASPO-19-ACS
Total $49,070.28
Additional Comments
The following is related to the Cisco items on this quote:
Please see the following links to Cisco’s Security and Trust Center , Trust Portal ,
Online Privacy Statement ,
as well as Customer Master Data Protection Agreement which all are incorporated by reference into the EULA
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will
need to ensure compliance with the funding program.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
All orders for Cisco equipment and related software and services submitted, beginning on December 29, 2021, are non-cancelable
and cannot be modified starting 45 days prior to the scheduled ship dates. Non-cancelable orders are not eligible for RMA for
credit.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
NASPO ValuePoint
PARTICIPATING ADDENDUM
DATA COMMUNICATION PRODUCTS &
SERVICES (2019-2026)
Led by the State of Utah
Page 1 of 4
Master Agreement #: AR3227
Contractor: Cisco Systems, Inc. (Contractor)
Participating Entity: State of Florida, Department of Management Services (Department)
Agreement No. 43220000-NASPO-19-ACS
1. Scope: This addendum covers the NASPO ValuePoint Master Agreement for Data
Communications Products and Services led by the State of Utah (Lead State) for use by
Agencies, as defined in section 287.012, Florida Statutes, and authorized by section
287.042(16), Florida Statutes. For purposes of this Participating Addendum, the Department
and Cisco Systems, Inc. are collectively referred to herein as the “Parties.”
2. Alternate Contract Source Agreement (ACS): ACS refers to this Participating
Addendum, Exhibit A: Additional Special Contract Conditions, Exhibit B: Special Contract
Conditions, and the Master Agreement and all attachments.
3. Order of Precedence: All terms and conditions contained in the ACS are incorporated as if
fully set forth herein and shall remain in full force and effect throughout the term of the ACS
unless modified in writing by the parties.
This Participating Addendum and Exhibit A: Additional Special Contract Conditions may only
be modified or amended upon mutual written agreement by the Parties. If amendments are
made to the Master Agreement, the Contractor shall: 1) notify the Department of such
amendments; and 2) provided the Department is amenable to incorporating the
amendments into the ACS, enter into a written amendment with the Department reflecting
the addition of such amendments.
In the event of conflict, the following order of priority governs:
a) This Participating Addendum and all Amendments, with the latest issued having
priority;
b) Exhibit A: Additional Special Contract Conditions;
c) Exhibit B: Special Contract Conditions;
d) Attachment A: NASPO ValuePoint Master Agreement Terms & Conditions;
e) Attachment B: Scope Awarded to Contractor
f) Attachment C: Pricing Discounts and Value-Added Services
g) An Order issued against the ACS;
h) Attachment A: NASPO ValuePoint Master Agreement Terms & Conditions, Exhibits 1
and 2;
i) The Solicitation, SK18001 (Request for Proposals), Data Communications Products
and Services;
j) The Contractor’s response to the Solicitation, as revised (if permitted) and accepted
DocuSign Envelope ID: EED9DD70-C855-4C2C-821E-EE608564441F
NASPO ValuePoint
PARTICIPATING ADDENDUM
DATA COMMUNICATION PRODUCTS &
SERVICES (2019-2026)
Led by the State of Utah
Page 2 of 4
by the Lead State.
4. Term of the Participating Addendum:
a) Initial Term: The initial term of the ACS will become effective on the last date the
document is signed by all Parties, whichever is later, and shall be effective through
September 30, 2024, unless terminated earlier, in accordance with Exhibit A: Additional
Special Contract Conditions or Exhibit B: Special Contract Conditions.
b) Renewal: Upon agreement of the Parties, the Department and the Contractor may
renew the ACS in accordance with section 287.057(13), Florida Statutes, and Rule 60A-
1.048, Florida Administrative Code. Renewals must be in writing and are subject to the
same term, conditions, and modifications set forth in the ACS. The Contractor and the
Department may negotiate renewal term pricing, which shall not exceed the pricing
provided during the initial term as set forth in the Master Agreement.
5. Product and Service Offering: The Contractor is authorized to provide the Products and
Services set forth in Attachment C of the Master Price Agreement AR3227 as follows:
• Category 1.1: Unified Communications
• Category 1.2: Networking
• Category 1.3: Routers, Switches, Security, and Storage Networking
• Category 1.4: Wireless
• Category 1.5: Facility Management, Monitoring, and Control
Value Added Services are permitted under this PA to the extent they are within the scope of
the Master Agreement, and do not overlap with services offered through a state term contract,
agency customers are obligated to use the state term contract(s) to purchase the service(s).
6. Master Price Agreement Number: All purchase orders issued by agencies within the
jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master
Agreement number: AR3227 and Participating Addendum/ACS number: 43220000-
NASPO-19-ACS.
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NASPO ValuePoint
PARTICIPATING ADDENDUM
DATA COMMUNICATION PRODUCTS &
SERVICES (2019-2026)
Led by the State of Utah
Page 3 of 4
7. Primary Contacts: The primary contact individuals for this Participating Addendum are as
follows (or their named successors):
Contractor
Name: Gigi Feril
Address: 170 West Tasman Dr. San Jose CA 95134
Telephone: (408) 424-0712
Email: nvp-help@cisco.com
State of Florida
Name: Christia Nunnery
Address: 4050 Esplanade Way, Tallahassee Florida 32399
Telephone: 850-488-8367
Email: Christia.nunnery@dms.myflorida.com
8. Participating State or Entity Terms and Conditions
Participating State or Entity must check one of the boxes below. These modifications or
additions apply only to actions and relationships within the State of Florida. A Participating
Addendum shall not diminish, change, or impact the rights of the Lead State with regard to its
contractual relationship with the Contractor under the Terms and Conditions of the State of Utah
NASPO ValuePoint Master Agreement.
[ ] No changes to the terms and conditions of the Master Agreement are required.
[ X ] The following changes are modifying or supplementing the Master Agreement
terms and conditions:
Exhibit A – Additional Special Contract Conditions
Exhibit B – Special Contract Conditions
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NASPO ValuePoint
PARTICIPATING ADDENDUM
DATA COMMUNICATION PRODUCTS &
SERVICES (2019-2026)
Led by the State of Utah
Page 4 of 4
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date of execution
by both parties below.
Participating State:
State of Florida
Contractor:
Cisco Systems, Inc.
By: By:
Name: Tami Fillyaw Name:
Title: Chief of Staff Title:
Date: Date:
DocuSign Envelope ID: EED9DD70-C855-4C2C-821E-EE608564441F
Jennifer Pate
Authorized Signatory
6/8/2021 | 1:23 PM PDT6/9/2021 | 9:37 PM EDT
ADDITIONAL SPECIAL CONTRACT CONDITIONS
Exhibit A
The following changes are modifying or supplementing the Master Agreement and ACS terms and
conditions. These modifications or additions apply only to actions and relationships within the
ACS.
Upon execution of the ACS, Customers may purchase products and services under contract
using the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS.
A. Vendor Registration: In order to complete any transaction between an Individual
Customer and the Contractor, the Contractor must be registered in
MyFloridaMarketPlace.
B. Purchases: In order to procure products and services hereunder, Customers shall
issue purchase orders or use a purchasing card which shall reference Florida
Alternate Contract Source Number 4322000-NASPO-19-ACS. Customers are
responsible for reviewing the terms and conditions of this ACS, including all
Exhibits.
C. Additional Customer Terms: If any additional ordinance, rule, or other local
governmental authority requires additional contract language before a Customer can
make a purchase under this ACS, the Customer is responsible for entering a separate
agreement with the Contractor and capturing that additional contract language therein.
D. The State of Florida’s performance and obligation to pay under this ACS is
contingent upon an annual appropriation by the Legislature. The vendor shall
comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes,
prohibiting use of funds to lobby the Legislature, Judicial, or state agencies.
E. Product and Service Offerings: The Contractor is authorized to provide Products and
Services as referenced in Section 5 of the Participating Addendum (PA). Any Product
or Service offerings not listed are not approved.
F. Employment Eligibility Verification: The language of subsection 13.2 of the Special
Contract Conditions regarding E-Verify shall apply to resellers as well as other
subcontractors.
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G. Price List/Preferred Price: The Contractor’s price list will be the same as the NASPO
ValuePoint price list, and the Department will post a link on the Department’s website to
the price list posted on the NASPO ValuePoint website. Contractors are encouraged to
provide special pricing and/or tiered discount rates applicable to State of Florida
Customers wherever possible.
H. Orders: Any Order placed by a Customer for a Product and/or Service available under
the Master Agreement shall be deemed to be a sale under and governed by the terms
and conditions of the ACS. A Customer may request more stringent terms than
provided in this PA. To the extent the Customer and the Contractor agree on
additional terms, the terms will be documented on the Customer Order, signed by both
parties, and integrated into the ACS order of precedence as reflected on the PA.
I. Electronic Invoicing: The Contractor or Fulfillment Partner(s) may supply electronic
invoices in lieu of paper- based invoices for those transactions processed through
MFMP. Electronic invoices may be submitted to the agency through one of the
mechanisms as listed below:
a. EDI (Electronic Data Interchange)
This standard establishes the data contents of the Invoice Transaction Set (810)
for use within the context of an Electronic Data Interchange (EDI) environment.
This transaction set can be used for invoicing via the Ariba Network (AN) for
catalog and non-catalog goods and services.
b. PO Flip via AN
The online process allows Contractors or Fulfillment Partner(s) to submit
invoices via the AN for catalog and non-catalog goods and services.
Contractors or Fulfillment Partner(s) have the ability to create an invoice
directly from their Inbox in their AN account by simply "flipping" the PO into an
invoice. This option does not require any special software or technical
capabilities.
For the purposes of this section, the Contractor or Fulfillment Partner(s) warrants and
represents that it is authorized and empowered to and hereby grants the State and the
third-party provider of MFMP, a state contractor, the right and license to use, reproduce,
transmit, distribute, and publicly display within the system the information outlined
above. In addition, the Contractor or Fulfillment Partner(s) warrants and represents that
it is authorized and empowered to and hereby grants the State and the third-party
provider the right and license to reproduce and display within the system the
Contractor's or Fulfillment Partner(s) trademarks, system marks, logos, trade dress, or
other branding designation that identifies the products made available by the Contractor
or Fulfillment Partner(s) under the contract.
The Contractor or Fulfillment Partner(s) will work with the MFMP
management team to obtain specific requirements for the electronic invoicing
if needed.
J. Product Installation & Invoicing: Contractor or Fulfillment Partner(s) will provide timely
billing and Customer will notify Contractor or Fulfillment Partner(s), in writing, of any
billing concern.
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K. Contract Reporting: The Contractor shall report information on orders received
from Customers associated with the ACS.
The Contractor shall submit reports in accordance with the following schedule:
Report Period Covered Due Dates
MFMP Transaction Report Calendar month 20 calendar days after close of the period
Contract Quarterly Sales
Report
State’s Fiscal
Quarter
30 calendar days after close of the period
No favorable action will be considered for any contractor who has outstanding Contract
Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation,
to include fees / monies that is required under the ACS.
a. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales
Report to the Department’s Contract Manager within 30 calendar days after the close
of each State Fiscal quarter.
Quarterly reporting timeframes coincide with the State Fiscal Year as follows:
Quarter 1 - (July-September) – due October 30th.
Quarter 2 - (October-December) – due January 30th.
Quarter 3 - (January-March) – due April 30th.
Quarter 4 - (April-June) – due July 30th.
Quarterly reporting requirements begin the date of ACS execution. Reports must be
submitted in MS Excel format and can be retrieved by accessing the FL DMS
Quarterly Sales Report Form. The report will include all sales (invoiced) from
Customers received (associated with this ACS) during the period. Initiation and
submission of the Quarterly Report is the responsibility of the Contractor without
prompting or notification from the Department’s Contract Manager. If no orders are
received during the period, the Contractor must submit a report stating that there
was no activity. If the Contractor fails to submit two consecutive quarterly sales
reports, this ACS may be terminated for convenience or the Department may choose
to not renew the ACS.
In addition, the Department may require additional sales information such as copies
of purchase orders, or ad hoc sales reports. The Contractor shall submit these
specific ad hoc requests within the specified amount of time as requested by the
Department.
b. MFMP Transaction Fee Report: The Contractor is required to submit monthly
Transaction Fee Reports in the Department’s electronic format. Reports are due 20
calendar days after the end of the reporting period. For information on how to submit
Transaction Fee Reports online, please reference the detailed fee reporting
instructions and Vendor training presentations available online at the Transaction
Fee Reporting and Vendor Training subsections under Vendor on the MFMP
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Contract No. 43220000-NASPO-19-ACS
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website: MFMP Transaction Fee and Reporting. Assistance is also available with the
Transaction Fee Reporting System from the MFMP Customer Service Desk by email
at feeprocessing@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-
352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time.
L. Ad hoc Reports: The Department reserves the right to require additional reports or
information pertaining to this ACS and any resulting purchase orders or contracts with
customers. The Contractor must submit a report or information within five (5)
business days after receipt of a Department request, unless otherwise approved by
the Department.
M. Financial Consequences: The following financial consequences will be assessed for
nonperformance of the Quarterly Sales Report and Monthly Transaction Fee Report
requirements. The State reserves the right to withhold payment or implement other
appropriate remedies, such as contract termination or nonrenewal. These
consequences for non-performance are not to be considered penalties.
Performance Metrics
Description
Performance
Target
Frequency
Financial
Consequence
for Non-
Performance
(Per Day Late)
Quarterly Sales Report
Submission
Quarterly Sales Report are due
on or before the 30th calendar
day after close of a quarter.
100% Quarterly $250
Monthly Transaction Fee
Report
Transaction Fee Report are due
on or before the 20th calendar
day after close of the period.
100% Monthly $100
The financial consequences will be paid via check or money order and made out
to the Department of Management Services in US Dollars within 30 calendar days
after the required report submission date. These consequences are individually
assessed for failures over each target period beginning with the first full month or
quarter of the contract performance and every quarter thereafter.
N. Business Review Meetings: The Department reserves the right to schedule
business review meetings as frequently as necessary. The Participating State will
provide the format for the Contractor's agenda. Prior to the meeting, the Contractor
shall submit the completed agenda to the Participating State/Entity for review and
acceptance. The Contractor shall address the agenda items and any of the
Participating State’s additional concerns at the meeting. At minimum, the parties
shall meet to discuss:
a. Program compliance
b. Program trending review
c. Savings report: Hard dollar and soft dollar
d. Spend report
e. Subcontractor and contingent staff performance
f. Recommendations for improved compliance and performance
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Failure to comply with this section may result in the Contractor being found in
default and PA termination.
O. Resellers/Partners: The Contractor may use resellers/partners which includes,
but is not limited to, Fulfillment Partner(s), in order to provide equipment and
services. All such resellers/partners shall be the direct responsibility of the
Contractor. The Contractor is responsible for all liability, terms, and conditions
within the ACS and the Customer Order, including work performed by a
reseller/partner. The Contractor’s resellers/partners’ participation will be in
accordance with the terms and conditions set forth in the ACS and the Customer
Order The Contractor agrees for all such resellers/partners providing
commodities and performing services in furtherance of the Contract, the
Contractor agrees to include a requirement in all reseller/partner agreements to
adhere to all Contract terms. If a reseller/partner is authorized to conduct
business on behalf of the Contractor and the reseller/partner is to receive
compensation from the Contractor for its services, then any dispute between the
Contractor and the reseller/partner shall be resolved between the Contractor and
the reseller/partner. The State of Florida is not a party to any agreement entered
into between the Contractor and its resellers/partners.
The Contractor shall be responsible to report all contract sales (and pay any associated
MFMP transaction fees), including those of any such resellers/partners and shall
ensure that all such resellers/partners meet the following requirements:
• Have an active registration with the Florida Department of State, Division of
Corporations (www.sunbiz.org)
• Registered in the MFMP Vendor Information Portal
(https://vendor.myfloridamarketplace.com)
• Not be on the State of Florida’s Convicted, Suspended, or Discriminatory lists
http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_inf
ormation/convicted_suspended_discriminatory_complaints_vendor_lists
• Have a copy of e-Verify Status on file
• Have a current W-9 filed with the Florida Department of Financial Services
(https://flvendor.myfloridacfo.com
P. All licenses obtained under this ACS shall be transferable to the extent necessary
for any Customer reorganization under section 20.06, Florida Statutes.
Q. The following modifications are made to Exhibit B, Special Contract Conditions:
i. Exhibit B, Special Contract Conditions Section 6.4.2, Rejected
Commodities, is hereby deleted and replaced in its entirety with the
following:
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from
the premises within thirty (30) calendar days after notification of rejection, and the risk
of loss will remain with the Contractor. Commodities not removed by the Contractor
within ten (10) calendar days will be deemed abandoned by the Contractor, and the
Customer will have the right to dispose of such commodities. Contractor will
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reimburse the Customer for costs and expenses incurred in storing or effecting
removal or disposition of rejected commodities.
ii. Exhibit B, Special Contract Conditions Section 7.2, General Liability
Insurance, is hereby deleted and replaced in its entirety with the
following:
7.2 General Liability Insurance
The Contractor must secure and maintain Commercial General Liability
Insurance, including bodily injury, property damage, products, personal
and advertising injury, and completed operations with limits of $2,000,000
per occurrence and $4,000,000 annual aggregate. This insurance must
provide coverage for claims that arise from performance of the Contract
or completed operations, whether by the Contractor or anyone directly or
indirectly employed by the Contractor. Such insurance must include the
State of Florida as an additional insured for the entire length of the
resulting contract for liabilities that fall within Contractor’s indemnity
obligations under this Contract and that are covered by such insurance.
iii. Exhibit B, Special Contract Conditions Section 7.3, Florida Authorized
Insurers, is hereby deleted and replaced in its entirety with the following:
7.3 Florida Authorized Insurers
All insurance shall be with insurers authorized and eligible to transact the applicable
line of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all required coverage is in place and
showing the Department to be an additional insured as required by Section 7.2
above.
iv. Exhibit B, Special Contract Conditions Section 7.5, Indemnification, is
hereby deleted and replaced in its entirety with the following:
7.5 Indemnification
7.5.1 General Indemnity
Contractor shall defend, indemnify and hold harmless the Customer and the State of
Florida, its corporate affiliates and their respective officers, directors, employees, and
agents and their respective successors and assigns from and against any and all fines,
claims, assessments, suits, judgments, losses, liabilities, damages, and expenses
(including, without limitation, consequential, special, indirect, and punitive damages,
including, court costs and attorney’s fees, as any such damages are determined by a
court of law or are set forth and agreed upon in a settlement agreement), including
without limitation, those based on contract or tort, arising out of or in connection with a
claim, suit or proceeding brought by a third party based upon bodily injury (including
death) or damage to tangible personal property (not including lost or damaged data)
arising from the acts or omissions of the Contractor or its subcontractors, or the
officers, directors, employees, agents, successors and assigns of any of them. In the
event that the Customer’s negligent or intentional acts or omissions contributed to
cause the injury or damage for which a claim of indemnity is being asserted against the
Contractor hereunder, the damages and expenses (including, without limitation,
reasonable attorney’s fees) shall be allocated or reallocated, as the case may be,
between the Contractor and the Customer in such proportion as jointly determined by
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the Contractor and the Customer. Such determination of proportionality shall
appropriately reflect the relative fault of such parties, or their subcontractors, or the
officers, directors, employees, agents, successors and assigns of any of them, and the
liability of the Contractor shall be proportionately reduced based upon the Customer
and Contractor’s joint agreement determining the proportion of damages and expenses
to be reallocated.
The Contract does not constitute a waiver of sovereign immunity or consent by the
Customer or the State of Florida or its subdivisions to suit by third parties. The
foregoing indemnification obligations are conditioned upon the Customer promptly
notifying the Contractor in writing of the claim, suit or proceeding for which the
Contractor is obligated under this Section, cooperating with, assisting and providing
information to, the Contractor as reasonably required, and granting the Contractor the
right to defend or settle such claim, suit or proceeding.
7.5.2 Intellectual Property Indemnification
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend,
and hold the Customer and the State of Florida, its officers, employees, and agents
harmless from all fines, claims, assessments, suits, judgments, or damages,
(including, without limitation, consequential, special, indirect, and punitive damages
including court costs and attorney’s fees, as any such damages are determined by a
court of law or are set forth and agreed upon in a settlement agreement), arising from
or related to an Intellectual Property Rights Claim (“IPR Claim”) that any product or
service supplied under this Agreement violates or infringes Third Party Intellectual
Property Rights (“IPR”). Contractor's obligations to defend the IPR Claim and
indemnify the Customer and the State of Florida, are conditional upon:
- Customer notifying Contractor promptly in writing of the IPR Claim or threat thereof;
- Customer giving Contractor authority to defend and settle the IPR Claim and any
subsequent appeal; and
- Customer giving Contractor all information and assistance reasonably requested by
Contractor in connection with the conduct of the defense and settlement of the IPR
Claim and any subsequent appeal.
Third Party IPR as used within this section means a United States copyright existing
as at the Effective Date or a United States patent issued as at the Effective Date.
If an IPR Claim has been made, or in Contractor 's opinion is likely to be made,
Contractor agrees, at Contractor 's option and expense, either to: (a) procure for
Customer the right to continue using the Product; or (b) replace or modify the
Product so that there is no longer an infringement. In the event Contractor, using all
available resources and best efforts, is unable to resolve the IPR claim and/or
implement one of these two options, Contractor shall provide the Department and
Customers with 10 business days advance written notice of Contractor’s need to
terminate both the Contractor’s and Customer’s respective rights and obligations
under the Customer’s agreement with regard to the product or service. Customer will
promptly return the product to Contractor and or discontinue use of the service.
Contractor will refund to Customer a prorated portion of the amount paid for the
products or services for the remainder of the unexpired usage term.
Notwithstanding the foregoing, Contractor has no obligation or liability for any IPR
Claim arising from a Customer performing any of the following:
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- Combining, operating, or using a product or service supplied under this Agreement
with any product, device, or software not supplied by Contractor which results in an
IPR Claim issued for the Contractor provided product or service;
- Altering or modifying any product or service supplied under this Agreement which
results in an IPR Claim issued for that product or service;
- Requiring Contractor comply with Customer's designs, specifications, requests,
or instructions which results in an IPR Claim issued for that product or service; or
- Continuing to use the product or service as is after Contractor has notified
Customer in writing of the requirement to implement modifications or changes capable
of being made by the Customer in or to the product or service to avoid such an IPR
Claim and failing to utilize the replacement product or service offered by Contractor;
or
- Revenue generating activities or earnings made by Customer from services that
it provides to external or internal customers that makes use of the product or services
where such revenue generating activities results in the IPR claim issued for that
product or service.
This Section states the entire obligation of Contractor and its suppliers, and the
exclusive remedy of Customer, with respect to any infringement or alleged infringement
of any intellectual property rights or proprietary rights. The Customer and the
Department, however, shall maintain all other rights and remedies available under this
Contract and under state or federal law as may be applicable to an infringement or
alleged infringement of any intellectual property or proprietary rights.
The Contract does not constitute a waiver of sovereign immunity or consent by the
Customer or the State of Florida or its subdivisions to suit by third parties.
v. Exhibit B, Special Contract Conditions Subsection 8.4.1, Ownership, is
hereby deleted and replaced in its entirety with the following:
8.4.1 Ownership.
The parties do not anticipate that any intellectual property will be developed as a result
of this Contract. However, except as otherwise expressly set forth in an applicable
Statement of Work (“SOW”) and unless specifically addressed otherwise in the Contract,
the State of Florida shall retain all intellectual property rights to its data and property.
Cisco and its licensors retain ownership in all intellectual property rights in and to the
Cisco Content Software, Cloud Service and all underlying technology and associated
documentation related thereto.
vi. Exhibit B, Special Contract Conditions Section 9, Data Security, is hereby
deleted and replaced in its entirety with the following:
9 Data Security
The Contractor will implement measures designed to maintain the security of Customer
data received from the Customer or its users (“State of Florida Data”) including, but not
limited to, following ‘clean desk’ practices and ensuring that State of Florida Data is not
left unattended at public workspaces and ensuring State of Florida Data is stored and
secured when not in use. Contractor and its subcontractors cannot guarantee that all of
its products and services will be performed inside the United States, and cannot
guarantee that State of Florida Data will only be accessed within the United States.
Contractor will continuously provide the Department and Customers with the most
accurate and current information about which of services and products available under
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this Contract cannot be performed inside the United States and/or may require State of
Florida Data to be sent, transmitted, or accessed outside of the United States. When
Contractor provides cloud computing, as defined in Rule 60GG-4.002(4)(b), F.A.C.,
Contractor agrees to cooperate with the Customer and perform all actions necessary to
assist with all tasks in furtherance of the Customer’s efforts to comply with the obligations
under Rule 60GG-4, F.A.C., as applicable.
In the event of a Security Breach involving State of Florida Data attributable to the
Customer or its users, the Contractor shall give notice to the Customer at the address
provided by the Customer and the Department within forty-eight (48) hours of the
Security Breach. A Security Breach, for purposes of this section, will refer to a confirmed
event that compromises the confidentiality, integrity, or availability of State of Florida
data (“Security Breach”). Once a Security Breach has been contained, the Contractor
must provide the Department with a post-incident report documenting all relevant
containment, eradication, and recovery measures taken. The Department reserves the
right in its sole discretion to enlist a third party, approved by both Parties (such approval
shall not be unreasonably withheld), to audit Contractor’s findings and produce an
independent report. The Contractor shall cooperate in good faith with the third party
audit, which shall take place on the specific start date agreed to by the Parties, occur
during normal working hours, and be performed in accordance with the Contractor’s
facility access procedures where facility access is required. Release statements shall
not be required for the Department or its designee to conduct such audits. The scope,
duration, and location of the audit will be jointly determined by the Parties based upon
the Security Breach being audited, and such approval shall not be unreasonably
withheld. The Contractor will also comply with all HIPAA requirements and any other
state and federal rules and regulations regarding security of information applicable to
Contractor or the services provided under this Contract. The Contractor will make
available to Customers and the Department information about which of its off ers are
HIPAA compliant, and the Customer will provide Contractor with notice that protected
health information may be shared with Contractor.
Except for any liability which cannot be limited or excluded under mandatory applicable
law, Cisco shall be liable for any and all claims, losses, liabilities, damages, and
expenses arising out of or in connection with a claim, suit or proceeding brought by a
third party based upon a Security Breach (whether for breach of contract,
misrepresentations, negligence, strict liability, other torts or otherwise). Such liability
shall not exceed $1,000,000.00 (one million dollars) in U.S. dollars per Event and
$10,000,000.00 (ten million dollars) in the aggregate for all claims arising under this
Agreement. For purposes of determining the liability due hereunder, a group of violations
relating to a common set of operative facts (e.g., same location, same time period, same
off-shore entity) will be treated as a single Event (“Event”).
vii. Exhibit B, Special Contract Conditions Section 11.3.2, Liquidated
Damages, is hereby deleted in its entirety.
viii. Exhibit B, Special Contract Conditions subsection 13.1, Background
Check, is hereby deleted and replaced in its entirety with the following:
13.1 Background Check.
The Contractor warrants that it will conduct a criminal background screening of, or
ensure that such a screening is conducted for, each of its employees, agents,
representatives, and subcontractors operating under its direction with Access to State
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of Florida Data. The Contractor agrees such screening will be done before an individual
is provided Access to state of Florida data. The cost of the background check will be
borne by the Contractor. The Department or Customer may require the Contractor to
exclude the Contractor’s employees, agents, representatives, or subcontractors based
on the background check results. The Contractor must notify the Contract Manager
within twenty-four (24) hours of all details concerning any reported arrest.
Access as referenced in this subsection shall mean review, inspect, approach, instruct,
communicate with, store data in, retrieve data from, or otherwise make use of any data,
regardless of type, form, or nature of storage. Access to a computer system or network
includes local and remote access.
ix. Exhibit B, Special Contract Conditions subsection 13.2, E-Verify, is
hereby deleted and replaced in its entirety with the following:
13.2 Employment Eligibility Verification.
The Contractor (and its subcontractors) have an obligation to utilize the U.S.
Department of Homeland Security’s (DHS) E-Verify system for all newly hired
employees. By executing this Contract, the Contractor certifies that it is registered with,
and uses, the E-Verify system for all newly hired employees. The Contractor must
obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of
section 448.095, F.S., and maintain a copy of such affidavit for the duration of the
Contract. In order to implement this provision, the Contractor shall provide a copy of its
DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager
within five (5) days of Contract execution.
This section serves as notice to the Contractor regarding the requirements of section
448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to
terminate the Contract if it has a good faith belief that the Contractor has knowingly
violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be
eligible for award of a public contract for at least one (1) year after the date of such
termination. The Department reserves the right to order the immediate termination of
any contract between the Contractor and a subcontractor performing work on its behalf
should the Department develop a good faith belief that the subcontractor has knowingly
violated section 448.09(1), F.S.
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SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION. .......................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2
SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3
SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6
SECTION 6. MISCELLANEOUS. ................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY. ............................................................................................................................................. 10
SECTION 9. DATA SECURITY. ................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13
SECTION 11. CONTRACT MONITORING. ............................................................................................... 14
SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
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SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
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SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must
annually submit an affidavit from the Contractor’s authorized representative attesting that
the Contract complies with this clause.
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor’s Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract’s term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor’s performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S.
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3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida’s performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department’s Contract Manager.
The Department’s Contract Manager, who is primarily responsible for the Department’s
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department’s Contract Manager Name
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Department’s Name
Department’s Physical Address
Department’s Telephone #
Department’s Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor’s Contract Manager.
The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor’s Contract Manager Name
Contractor’s Name
Contractor’s Physical Address
Contractor’s Telephone #
Contractor’s Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
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AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status. The provisions of
subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
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Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity,
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies - Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State’s Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
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Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier’s bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
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6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers’ Compensation Insurance.
The Contractor shall maintain workers’ compensation insurance as required under the
Florida Workers’ Compensation Law or the workers’ compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers’ compensation insurance for all of the latter’s employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers’ Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
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All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney’s fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor’s
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor’s sole expense, and (3)
assistance in defending the action at Contractor’s sole expense.
7.6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
8.1.1 Termination of Contract.
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The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
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 THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency 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, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, 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 Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
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responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney’s fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State’s Records Management website.
8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
SECTION 9. DATA SECURITY.
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The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor’s action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. “Security breach” for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor’s findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer’s Contract Manager and securing the Customer’s prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor’s promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer’s Contract Manager and securing the Customer’s prior written
consent.
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SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department’s delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
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The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor’s reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor’s and subcontractors’ data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor’s fees and claims for payment under the Contract, the Contractor’s
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days’ notice, during normal working hours and in accordance with the
Contractor’s facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor’s contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
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12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor’s general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida’s Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor’s employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security’s E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court’s determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
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(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
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VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: January 25, 2024
SUBJECT: RESOLUTION – Accepting a proposal from Florida Sidewalk Solutions LLC for
inspection and grinding of sidewalks throughout the Village of North Palm Beach
at a total cost of $36,635.63 and authorizing execution of a Contract
Village Staff is continuing its efforts to repair and improve the public sidewalks throughout the Village to
improve safety, ensure ADA Compliance, and enhance the community utilizing General Fund dollars.
Sidewalk grinding locations are identified as inspections are conducted.
In accordance with the Village’s purchasing policies and procedures, Village Council approval is
required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds
$25,000.
Village Staff is recommending utilizing the recent Town of Miami Lakes contract number 2023-36R that
was executed on September 20th, 2023. The Village’s purchasing policies and procedures authorize
concurrent competitive purchasing on other state and local government contracts.
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for
legal sufficiency.
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
General Fund -
Streets
Public Works
A7321-34680 R&M STS., RDS., &
PATHS $36,635.63
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
a proposal from Florida Sidewalk Solutions LLC for inspection and grinding of sidewalks
throughout the Village utilizing pricing established in an existing Town of Miami Lakes Contract
at a total cost of $36,635.63, with funds expended from Account No. A7321-34680 (Public Works
– R & M of Streets, Roads and Paths), and authorizing the Mayor and Village Clerk to execute a
Contract in accordance with Village policies and procedures.
RESOLUTION 2024-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO
FLORIDA SIDEWALK SOLUTIONS, LLC FOR REPAIR OF SIDEWALK TRIP
HAZARDS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING
CONTRACT FOR REPAIR OF SIDEWALK TRIP HAZARDS WITH THE
TOWN OF MIAMI LAKES AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to continue with the identification and repair of sidewalk trip
hazards; and
WHEREAS, Village Staff recommends that a contract be awarded to Florida Sidewalk Solutions,
LLC pursuant to pricing established in an existing contract with the Town of Miami Lakes for
Repair of Sidewalk Trip Hazards (Contract No. 2023-36R); 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 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 Florida Sidewalk Solutions,
LLC for the repair of sidewalk tripping hazards pursuant to pricing established in an existing
contract with the Town of Miami Lakes for Repair of Sidewalk Trip Hazards (Contract No. 2023-
36R) 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 $36,635.63, with funds expended from Account No. I7321-34680 (Public Works – R
& M of Streets, Paths, and Roads).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
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CONTRACT
This Contract is made as of this _______ day of ______________, 2024, 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 FLORIDA SIDEWALK
SOLUTIONS, LLC, 7051 S.W. 22nd Court, Davie, Florida 33317, a Florida limited liability
company (hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE is in need of a contractor for removal of sidewalk tripping hazards
throughout the Village; and
WHEREAS, the Town of Miami Lakes, through its competitive selection process, awarded a
Contract for Repair of Sidewalk Trip Hazards (Contract No. 2023-36R) (“Miami Lakes Contract”)
to CONTRACTOR; and
WHEREAS, the VILLAGE requested that the CONTRACTOR provide sidewalk tripping hazard
removal services based on the pricing established in the Miami Lakes Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the Miami Lakes Contract,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. Miami Lakes Contract. The Town of Miami Lake’s Contract for Repair of Sidewalk Trip
Hazards (Contract No. 2023-36R) 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 Miami Lakes Contract and at the
direction of the VILLAGE, CONTRACTOR shall perform sidewalks repair and replacement
services in accordance with its Proposal, 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 $36,635.63.
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.
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4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (Miami Lakes Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without
prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE
for review and approval by the VILLAGE’s representative, indicating that goods and services have
been provided and rendered in conformity with this Contract, and they then will be sent to the
Finance Department for payment. Invoices will normally be paid within thirty (30) days following
the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental
damages for claims, disputes or other matters in question arising out of or relating to this Contract.
In order for both parties herein to close their books and records, CONTRACTOR will clearly state
“final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all
goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated in the Miami Lakes
Contract. Extensions or renewals to the Miami Lakes Contract or any modification including new
products, terms, or price changes to the Miami Lakes Contract shall be submitted by
CONTRACTOR to the VILLAGE for approval. In the event the Miami Lakes Contract expires
and no new contract is let by the Miami Lakes, VILLAGE reserves the right, upon written
agreement with CONTRACTOR to renew this Contract under the same terms and conditions for
an additional period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the Miami Lakes Contract, with the VILLAGE named as an additional
insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
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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 Miami Lakes Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The 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. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover
reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as
court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
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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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
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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.
H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority
to investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and
its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract justifying termination.
I. 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.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
FLORIDA SIDEWALK SOLUTIONS, LLC
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
Page 6 of 6
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
INVITATION TO BID
REPAIR OF SIDEWALK TRIP HAZARDS
ITB No. 2023-36R
The Town of Miami Lakes Council:
Mayor Manny Cid
Vice Mayor Carlos O. Alvarez
Councilmember Luis E. Collazo
Councilmember Josh Dieguez
Councilmember Tony Fernandez
Councilmember Ray Garcia
Councilmember Marilyn Ruano
Edward Pidermann, Town Manager
The Town of Miami Lakes
6601 Main Street
Miami Lakes, Florida 33014
Date Advertised August 31, 2023
Bids Due 11:00 AM EST, September 21, 2023
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Repair of Sidewalk Trip Hazards
ITB 2023-36R
Table of Contents
Section A. NOTICE TO BIDDERS ........................................................................................................... 6
Section B. INSTRUCTIONS TO BIDDERS ............................................................................................... 8
B1 DEFINITION OF TERMS ........................................................................................................................................ 8
B2 BID PROCESS ........................................................................................................................................................ 9
B2.01 GENERAL REQUIREMENTS FOR BID PROCESS ............................................................................................ 9
B2.02 PREPARATION OF BID ............................................................................................................................... 10
B2.03 ESTIMATED QUANTITIES ........................................................................................................................... 10
B2.04 LINE-ITEM QUANTITIES ............................................................................................................................. 10
B2.05 ADDITIONAL LINE-ITEM PRICING .............................................................................................................. 10
B2.06 BID PREPARATION COSTS AND RELATED COSTS ...................................................................................... 10
B2.07 QUALIFICATION OF BIDDERS .................................................................................................................... 11
B2.08 EXAMINATION OF CONTRACT DOCUMENTS ........................................................................................... 11
B2.09 INTERPRETATIONS AND CLARIFICATIONS ................................................................................................ 11
B2.10 POSTPONEMENT OF BID OPENING DATE ................................................................................................. 11
B2.11 ACCEPTANCE OR REJECTION OF BIDS ....................................................................................................... 11
B2.12 WITHDRAWAL OF BID ............................................................................................................................... 12
B2.13 OPENING OF BIDS ..................................................................................................................................... 12
B2.14 LOCAL PREFERENCE .................................................................................................................................. 12
B2.15 TIE BIDS ..................................................................................................................................................... 12
B2.16 AWARD OF CONTRACT(S) ......................................................................................................................... 12
B2.17 BID PROTEST PROCESS .............................................................................................................................. 13
B2.18 EXECUTION OF CONTRACT ....................................................................................................................... 13
B3 REQUIRED FORMS & AFFIDAVITS ...................................................................................................................... 13
B3.01 COLLUSION ............................................................................................................................................... 13
B3.02 RELATIONSHIPS WITH THE TOWN AFFIDAVIT .......................................................................................... 13
B3.03 CONFLICT OF INTEREST/ANTI-KICKBACK .................................................................................................. 13
B3.04 PUBLIC RECORDS AFFIDAVIT..................................................................................................................... 14
B3.05 PUBLIC ENTITY CRIMES ACT ...................................................................................................................... 14
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Section C. GENERAL TERMS & CONDITIONS ...................................................................................... 15
C1 GENERAL REQUIREMENTS ................................................................................................................................. 15
C1.01 GENERALLY ............................................................................................................................................... 15
C1.02 RULES AND REGULATIONS ........................................................................................................................ 15
C1.03 HOURS FOR PERFORMING WORK ............................................................................................................ 15
C1.04 SUBCONTRACTORS ................................................................................................................................... 15
C1.05 CONSULTANT SERVICES ............................................................................................................................ 16
C1.06 AUTHORITY OF THE PROJECT MANAGER ................................................................................................. 16
C1.07 INDEPENDENT CONTRACTOR ................................................................................................................... 17
C1.08 THIRD-PARTY BENEFICIARIES .................................................................................................................... 17
C1.09 ASSIGNMENT OR SALE OF CONTRACT ...................................................................................................... 17
C1.10 TIME FOR COMPLETION ........................................................................................................................... 17
C1.11 APPLICABLE LAW AND VENUE OF LITIGATION ......................................................................................... 17
C1.12 NON-EXCLUSIVE CONTRACT ..................................................................................................................... 17
C1.13 SEVERABILITY ............................................................................................................................................ 18
C1.14 CONTRACT DOCUMENTS CONTAIN ALL TERMS ....................................................................................... 18
C1.15 ENTIRE AGREEMENT ................................................................................................................................. 18
C1.16 INTENTION OF THE TOWN ........................................................................................................................ 18
C1.17 PRIORITY OF PROVISIONS ......................................................................................................................... 18
C1.18 ROYALTIES AND PATENTS ......................................................................................................................... 19
C1.19 PURCHASE AND DELIVERY, STORAGE, AND INSTALLATION ..................................................................... 19
C1.20 VEHICLES & EQUIPMENT .......................................................................................................................... 19
C1.21 SUBSTITUTIONS ........................................................................................................................................ 19
C1.22 OWNERSHIP OF THE WORK ...................................................................................................................... 19
C1.23 TOWN LICENSES, PERMITS AND FEES ....................................................................................................... 20
C1.24 TAXES ........................................................................................................................................................ 20
C1.25 REMOVAL OF UNSATISFACTORY PERSONNEL .......................................................................................... 20
C1.26 DEFECTIVE OR NON-COMPLIANT WORK .................................................................................................. 20
C1.27 COMPLIANCE WITH APPLICABLE LAWS .................................................................................................... 21
C1.28 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, & ADA .................................................... 21
C1.29 NOTICES .................................................................................................................................................... 21
C2 INDEMNITY & INSURANCE ................................................................................................................................. 22
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
C2.01 INDEMNIFICATION .................................................................................................................................... 22
C2.02 CONTRACTOR’S RESPONSIBILITY FOR DAMAGES TO THE WORK ............................................................. 22
C2.03 DEFENSE OF CLAIMS ................................................................................................................................. 23
C2.04 INSURANCE ............................................................................................................................................... 23
C3 PUBLIC RECORDS ............................................................................................................................................... 25
C3.01 ACCESS, REVIEW AND RELEASE OF RECORDS ........................................................................................... 25
C4 CONTRACT MODIFICATION AND DISPUTE PROCESS ......................................................................................... 25
C4.01 CHANGE ORDERS ...................................................................................................................................... 25
C4.02 FORCE MAJEURE ....................................................................................................................................... 26
C4.03 EXTENSION OF TIME ................................................................................................................................. 27
C4.04 EXCUSABLE DELAY, NON-COMPENSABLE ................................................................................................. 28
C4.05 CLAIMS ...................................................................................................................................................... 28
C4.06 CONTINUING THE WORK .......................................................................................................................... 29
C4.07 FRAUD AND MISREPRESENTATION .......................................................................................................... 29
C4.08 STOP WORK ORDER .................................................................................................................................. 29
C4.09 MATERIALITY AND WAIVER OF BREACH ................................................................................................... 30
C4.10 TIME IN WHICH TO BRING ACTION AGAINST THE TOWN ........................................................................ 30
C4.11 CONTRACT EXTENSION ............................................................................................................................. 30
C5 EARLY TERMINATION & DEFAULT ...................................................................................................................... 30
C5.01 SET-OFFS, WITHOLDING, AND DEDUCTIONS ............................................................................................ 30
C5.02 CONTRACTOR DEFAULT ............................................................................................................................ 30
C5.03 TERMINATION FOR CONVENIENCE........................................................................................................... 31
C5.04 REMEDIES AVAILABLE TO THE TOWN ....................................................................................................... 32
C5.05 FUNDS AVAILABILITY ................................................................................................................................ 32
C6 PAYMENT PROCESS............................................................................................................................................ 32
C6.01 COMPENSATION ....................................................................................................................................... 32
C6.02 ESTIMATED QUANTITIES ........................................................................................................................... 33
C6.03 LINE-ITEM PRICING ................................................................................................................................... 33
C6.04 LINE-ITEM QUANTITIES ............................................................................................................................. 33
C6.05 ADDITIONAL LINE-ITEM PRICING .............................................................................................................. 33
C6.06 REIMBURSIBLE EXPENSES ......................................................................................................................... 33
Section D. SPECIAL TERMS & CONDITIONS ........................................................................................ 35
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
D1 OVERVIEW ......................................................................................................................................................... 35
D2 SCOPE OF WORK ................................................................................................................................................ 35
D2.01 SURVEY SPECIFICATIONS .......................................................................................................................... 35
D2.02 CONCRETE CUTTING SPECIFICATIONS ...................................................................................................... 35
D2.03 LIMITATIONS ............................................................................................................................................. 36
D2.04 METHOD OF MEASUREMENT ................................................................................................................... 36
D2.05 LOCATION OF WORK ................................................................................................................................ 36
D3 CONTRACT TERM ............................................................................................................................................... 37
D4 COMPENSATION ................................................................................................................................................ 37
D5 GENERAL REQUIREMENTS ................................................................................................................................. 37
D5.01 HURRICANE PREPAREDNESS .................................................................................................................... 37
D5.02 INSPECTION OF THE WORK ...................................................................................................................... 37
D5.03 UNCOVERING FINISHED WORK ................................................................................................................ 38
D6 PRELIMINARY STEPS .......................................................................................................................................... 38
D6.01 CONTRACTOR’S PRE-START REPRESENTATION ........................................................................................ 38
D6.02 PRE-CONSTRUCTION CONFERENCE .......................................................................................................... 38
D6.03 PROJECT SCHEDULE .................................................................................................................................. 38
D6.04 SCHEDULE OF VALUES .............................................................................................................................. 39
D6.05 CONSTRUCTION PHOTOGRAPHS .............................................................................................................. 39
D6.06 STAGING SITE ............................................................................................................................................ 39
D6.07 PROJECT SIGNAGE .................................................................................................................................... 40
D6.08 COORDINATION WITH TOWN RESIDENTS ................................................................................................ 40
D7 SITE ISSUES ........................................................................................................................................................ 40
D7.01 SITE INVESTIGATION AND REPRESENTATION ........................................................................................... 40
D7.02 METHOD OF PERFORMING THE WORK .................................................................................................... 41
D7.03 DIFFERING SITE CONDITIONS ................................................................................................................... 42
D7.04 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC ........................................................................ 42
D7.05 CONTRACTOR’S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE .............................................. 42
D7.06 ACCESS TO WATER AND UTILITIES ........................................................................................................... 43
D7.07 COORDINATION OF THE WORK ................................................................................................................ 43
D7.08 ACCESS TO THE PROJECT SITE(S) .............................................................................................................. 44
D7.09 CLEANING UP; TOWN’S RIGHT TO CLEAN UP ........................................................................................... 44
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
D7.10 SANITARY PROVISIONS ............................................................................................................................. 44
D7.11 MAINTENANCE OF TRAFFIC ...................................................................................................................... 44
D8 SAFETY ISSUES ................................................................................................................................................... 45
D8.01 SAFETY PRECAUTIONS .............................................................................................................................. 45
D8.02 TRENCH SAFETY ACT ................................................................................................................................. 45
D8.03 MATERIAL SAFETY DATA SHEETS .............................................................................................................. 46
D9 PLANS, DOCUMENTS, & RECORDS .................................................................................................................... 46
D9.01 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, & DATA .................................................................... 46
D9.02 SHOP DRAWINGS AND SUBMITTALS ........................................................................................................ 46
D9.03 TOWN FURNISHED DRAWINGS, SUPPLEMENTAL DRAWINGS, & INSTRUCTIONS ................................... 47
D9.04 AS-BUILT DRAWINGS ................................................................................................................................ 47
D9.05 RECORD SET .............................................................................................................................................. 48
D10 CONTRACTOR RESPONSIBILITIES ..................................................................................................................... 48
D10.01 LABOR & MATERIALS .............................................................................................................................. 48
D10.02 SUPERVISIONS OF THE WORK ................................................................................................................ 49
D10.03 RELEASE OF LIENS/SUBCONTRACTOR’S STATEMENT OF SATISFACTION ............................................... 49
D10.04 PROGRESS PAYMENTS ............................................................................................................................ 50
D10.05 OWNERSHIP OF THE WORK .................................................................................................................... 50
D11 LIQUIDATED DAMAGES ................................................................................................................................... 50
D12 REQUESTS FOR INFORMATION ....................................................................................................................... 51
D13 WARRANTY ...................................................................................................................................................... 51
D14 SUBSTANTIAL COMPLETION, PUNCHLIST & FINAL COMPLETION ................................................................... 52
D15 ACCEPTANCE AND FINAL PAYMENT ................................................................................................................ 52
D16 NDPES REQUIREMENTS ................................................................................................................................... 53
Section E. FORMS ..................................................................................... Error! Bookmark not defined.
BID FORM ................................................................................................ Error! Bookmark not defined.
Company Qualification Questionnaire ...................................................... Error! Bookmark not defined.
CONTRACT EXECUTION FORM .................................................................. Error! Bookmark not defined.
CORPORATE RESOLUTION ........................................................................ Error! Bookmark not defined.
CORPORATE RESOLUTION ........................................................................ Error! Bookmark not defined.
FORM CRL - CLIENT REFERENCE LETTER ................................................................... Error! Bookmark not defined.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
SECTION A. NOTICE TO BIDDERS
ITB Name: Repair of Sidewalk Trip Hazards
ITB No.: 2023-36R
Bids Due: 11:00 AM EST, September 21, 2023
Solicitation Overview:
The Town of Miami Lakes (the “Town”) will be accepting sealed Bids from qualified firms to provide sidewalk repair
services (“Services”). The Town of Miami Lakes requires a licensed Contractor to inspect and repair sidewalk trip
hazards in order to maintain the quality of the Town’s sidewalks and limit the Town’s liability for trip hazards. When
the Town becomes aware of developing trip hazards, the Town will assess whether the damaged sidewalk flag is so
extensive that it merits replacement of the whole flag, or if the flag can be salvaged through the process of sidewalk
grinding. If the flag can be salvaged, the Town will utilize this Contract to repair trip hazards, returning the sidewalk
flag to a safe condition.
Bidders are to submit one (1) original and two (2) physical copies of their Bid, with original signatures together with
one (1) additional virtual copy of the Bid on a Flash Drive. Sealed Bids, including the Flash Drive must be received
by the Town of Miami Lakes, Town Clerk at 6601 Main Street, Miami Lakes, Florida no later than 11:00 AM EST on
September 21, 2023, at which time the Bids will be opened.
General Instructions:
Bidders must carefully review all the materials contained herein and prepare their Bids accordingly. The detailed
requirements set forth below will be used to evaluate the Bids and failure of a Bidder to provide the information
requested for a specific requirement may render their Bid non-responsive and will result in rejection.
Copies of the ITB will only be made available on the Town’s website, Public Purchase, and the Onvia DemandStar
(“DemandStar”) website. Copies of the ITB, including all related documents can be obtained by visiting the Town’s
website at http://www.miamilakes-fl.gov/, under Current Solicitations on the Procurement Department page, on
Public Purchase at www.publicpurchase.com, or on DemandStar’s website at www.demandstar.com. If you use
Public Purchase or DemandStar, it is strongly recommended that you register with them to receive notifications
about this solicitation.
Minimum Requirements to Submit a Response:
To be eligible for award of this project, bidders must:
1. Possess a minimum of five (5) years of experience performing sidewalk trip hazard repair projects;
2. Must provide at least three (3) verifiable client references for successful completion of three (3) distinct
sidewalk repair contracts with other public agencies of similar scope and value performed within the last five
(5) years utilizing Form CRL – Client Reference Letter; and
3. Possess a valid certified license as a General Contractor from the State of Florida, or a Certificate of Competency
from the Miami-Dade County’s Construction Trade Qualifying Board as a General Engineering Contractor or a
Specialty Engineering Contractor.
The Town will consider a Bid as responsive where a Bidder has less than the stipulated minimum number of years
of experience solely where the Bidder has undergone a name change and such change of name has been filed with
the State of Florida.
Pursuant to subsection (t) “Cone of Silence” of Section 2-11.1 “Conflict of Interest and Code of Ethics Ordinance” of
Miami Dade County, public notice is hereby given that a “Cone of Silence” is imposed concerning this
solicitation. The “Cone of Silence” prohibits certain communications concerning the substance of RFP’s, RFQ’s or
Bids, until such time as the Town Manager makes a written recommendation to the Town Council concerning the
solicitation. Any questions concerning the substance of this, or any other solicitation advertised by the Town must
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
be submitted in writing to procurement@miamilakes-fl.gov while the Cone of Silence is in effect. No other
communications, oral or otherwise, will be accepted. Failure to comply with the Cone of Silence may result in the
rejection of a Submittal. For additional information concerning the Cone of Silence please refer to Section 2 -11.1
of Miami-Dade County Code.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
SECTION B. INSTRUCTIONS TO BIDDERS
B1 DEFINITION OF TERMS
1. Award means that the Town Manager or Town Council, as applicable, has approved the award of
a contract.
2. Bid means the Submittal tendered by a Bidder in response to this solicitation, which includes the
price, authorized signature and all other information or documentation required by the Invitation
to Bid (“ITB”) at the time of submittal.
3. Bid Form means the form that contains the goods or services to be purchased and that must be
completed and submitted with the Bid.
4. Bidder means any person, firm or corporation, or its duly authorized representative tendering a
Submittal in response to this solicitation.
5. Change Order means a written document ordering a change in the Contract price or Contract time
or a material change in the Work.
6. Completion Time means the number of calendar days specified for Final Completion of the
Project.
7. Cone of Silence means the time period and method of communications as required by Section 2-
11.1 of the Miami-Dade County Code, which state that the Cone of Silence shall be in effect from
the date the ITB is issued until the Town Manager issues a written recommendation.
8. Consultant means a firm that has entered into a separate agreement with the Town for the
provision of professional services.
9. Contract means the ITB, the addendum, and the Bid documents that have been executed by the
Bidder and the Town subsequent to approval of award by the Town.
10. Contract Documents means the Contract as may be amended from time to time, and plans,
specifications, addendum, clarifications, directives, Change Orders, payments, and other such
documents issued under or relating to the Contract.
11. Contractor means the Successful Bidder who is issued a Purchase Order, Contract, Blanket
Purchase Order agreement, or Term Contract to provide goods or services to the Town and who
will be responsible for the acceptable performance of any Work and for the payment of all legal
debts pertaining to the Work under the Contract.
12. Cure means the action taken by the Contractor promptly, after receipt of written notice from the
Town of a breach of the Contract Documents, which must be performed at no cost to the Town,
to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or
the Contract Documents affected by such breach, or to otherwise make good and eliminate such
breach.
13. Cure Period means the period of time in which the Contractor is required to remedy deficiencies
in the Work or compliance with the Contract Documents after receipt of a written Notice to Cure
from the Town identifying the deficiencies and the time to Cure.
14. Days mean calendar days unless otherwise specifically stated in the Contract Documents.
15. Defective Work means (a) Work that is unsatisfactory, deficient, or damaged, does not conform
to the Contract Documents, or does not meet the requirements of any inspection, test, or
approval, or (b) Work associated with punch list items that the Contractor fails to complete within
a reasonable time after issuance of the punch list by the Project Manager.
16. Design Documents, Plans or Sketch means any construction plans and specifications, or graphic
representation included as part of the Contract.
17. Field Directive means a written directive to effect changes to the Work, issued by the Project
Manager, Consultant or the Town Department Director that may affect the ITB Contract price or
time.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
18. Final Completion means the date the Contractor has completed all the Work and submitted all
documentation required by the Contract Documents.
19. Inspector means an authorized representative of the Town assigned to make necessary
inspections of materials furnished by Design-Build Firm and of the Work performed by the
Contractor. The Town, at is sole discretion, may hire a professional consultant to perform the
inspections.
20. Materials mean goods or equipment incorporated into the Work or used or consumed in the
performance of the Work.
21. Notice of Award means any correspondence from the Town that informs the successful bidder of
a contract award for this ITB.
22. Project means a task or series of tasks that the Contractor must complete in accordance with the
Contract Documents.
23. Project Manager means the individual assigned by the Town Manager or designee to manage a
Project.
24. Request for Information (RFI) means a request from the Contractor seeking an interpretation or
clarification relative to the Contract Documents. The RFI, which must be clearly marked RFI, must
clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and
why the response is required. The RFI must set forth the Contractor’s interpretation or
understanding of the document(s) in question, along with the reason for such understanding.
25. Responsive Bidder means the Bidder whose Bid conforms in all material respects to the terms
and conditions included in the ITB.
26. Responsible Bidder means a Bidder who has the capability in all respects to perform in full the
contract requirements, as stated in the ITB, and integrity and reliability that will assure good faith
performance.
27. Subcontractor means a person, firm or corporation having a direct contract with Contractor,
including one who furnishes material, equipment, or services necessary to perform the Work.
28. Submittal means the documents prepared and submitted by the Bidder in response to this ITB.
29. Substantial Completion means that point at which the Project is at a level of completion in
substantial compliance with the Contract Documents and is fit for use in its intended purpose.
Substantial Compliance will not be deemed to have occurred until any and all governmental
entities, with regulatory authority or which have jurisdiction over the Work, have conducted all
final inspections, and approved the Work. Beneficial use or occupancy will not be the sole factor
in determining whether Substantial Completion has been achieved unless a temporary certificate
of completion has been issued.
30. Town means the Town Council of the Town of Miami Lakes or the Town Manager, as applicable.
31. Town Manager means the duly appointed chief administrative officer of the Town of Miami Lakes
or designee.
32. Unbalanced Bid means pricing that is not consistent with pricing in the industry or with market
conditions and a comparison to the pricing submitted by other Bidders.
33. Work as used herein refers to all reasonably necessary and inferable labor, material, equipment,
and services, whether or not specifically stated, to be provided by the Contractor to fulfill its
obligations under the Contract Documents.
B2 BID PROCESS
B2.01 GENERAL REQUIREMENTS FOR BID PROCESS
The ITB, Bid Form and any addendum that may be issued constitute the complete set of
requirements for this ITB. The Bid Form page(s), and all forms contained in the ITB must be
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
completed, signed, and submitted in accordance with the requirements of Section B. All Bids
must be typewritten or filled in with pen and ink and must be signed in blue ink by an officer or
employee having authority to bind the company or firm. Errors, corrections, or changes on any
document must be initialed by the signatory of the Bid. Bidder will not be allowed to modify its
Bid after the opening time and date.
(i) Joint Venture or Teaming Agreements
Joint venture firms or teaming agreements will not be considered for award under this ITB.
B2.02 PREPARATION OF BID
The Bid Form contains multiple line items, and the Bidder must provide prices for all line items
and must provide the price for the total Bid amount. Failure to include pricing on all line items as
well as the total Bid Amount will result in the Bid being found non-responsive.
Bidder must use the blank Town forms provided herein. The Bid must be signed and
acknowledged by the Bidder in accordance with the directions within this ITB. Failure to utilize or
fully complete the Town’s forms may result in a determination that the Bid is non-responsive.
A Bid will be considered non-responsive if it is conditioned on modifications, changes, or revisions
to the terms and conditions of the ITB.
All Bid prices are to include the furnishing of all labor, materials, equipment, all overhead/indirect
expenses, and profit, necessary for the completion of the Work, except as may be otherwise
expressly provided for in the Contract Documents.
B2.03 ESTIMATED QUANTITIES
The quantities stated on the Bid Form are solely estimates of what the Town anticipates its needs
are for the initial year of the Contract. The stated quantities do not reflect the actual quantities
to be ordered and the Town has not established any minimum quantities and no guarantee is
expressed or implied as to the total quantity of Work to be issued to a Contractor. The Town
reserves the right, at its sole discretion, to make adjustment to the number and/or location of the
Bid items. The failure of the Town to order any minimum quantities does not form any basis for
a claim by the Contractor for lost work or profits.
B2.04 LINE-ITEM QUANTITIES
The estimated quantities will be used solely for bid comparison purposes for the Town to
determine the lowest responsive and responsible. No guarantee is expressed or implied as to the
total quantity of Work to be issued to a Contractor.
B2.05 ADDITIONAL LINE-ITEM PRICING
The Town reserves the right to request price quotes for additional items not contained in the
initial award. Should the Town add any additional line items the Town will do so through the
Change Order process.
B2.06 BID PREPARATION COSTS AND RELATED COSTS
All costs involved in the preparation and submission of a Bid to the Town, or any work performed
in connection therewith is the sole responsibility of the Bidder(s). No payment will be made for
any Bid received, or for any other effort required of or made by the Bidder prior to
commencement of Work as defined by any contract duly approved by the Town Council or Town
Manager. The Town will bear no responsibility for any cost associated with any judicial
proceedings resulting from the ITB process.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
B2.07 QUALIFICATION OF BIDDERS
Bidder, by virtue of submitting its Bid, certifies that it is qualified and capable of performing the
Work required under the Contract. To qualify for award, Bidder must meet the minimum
qualification requirements stated in Section A. Bidders must complete the attached Questionnaire
Form and include it with their Bid. Failure to complete and submit this form or to meet the
minimum qualifications will result in the Bid being deemed non-responsive. The Town may at its
sole discretion allow a Bidder to amend an incomplete Questionnaire during the evaluation
process provided that the Bidder has included the Questionnaire in its Bid.
B2.08 EXAMINATION OF CONTRACT DOCUMENTS
It is the responsibility of each Bidder, before submitting a Bid in response to this ITB to:
a. Carefully review the ITB, including any Addendum and notify the Town of any conflicts,
errors, or discrepancies.
b. Take into account federal, state and local, including, without limitation, the Town’s Code,
and Miami-Dade County and the State of Florida’s statutes laws, rules, regulations, and
ordinances that may affect a Bidder’s ability to perform the Work.
c. Study and carefully correlate Contractor's observations with the requirements of the ITB.
The submission of a Bid in response to this solicitation constitutes an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract Documents
and that without exception, the Bid is premised upon performing and furnishing the Work
required under the Contract Documents and that the Contract Documents are sufficient in detail
to indicate and convey understanding of all terms and conditions for the performance of the
Work.
B2.09 INTERPRETATIONS AND CLARIFICATIONS
All questions about the meaning or intent of the ITB must be directed in writing and submitted by
e-mail to the Procurement Office, at procurement@miamilakes-fl.gov. Interpretation or
clarifications considered necessary by the Town in response to such questions will be issued by
means of an addendum. All addenda will be posted on the Town’s website, Public Purchase, and
DemandStar. It is the sole responsibility of the Bidder to obtain all addenda by visiting the Town’s
website. Written questions must be received no less than ten (10) days prior to bid opening. Only
questions answered by written addenda will be binding. Verbal interpretation or clarifications will
be without legal effect.
B2.10 POSTPONEMENT OF BID OPENING DATE
The Town reserves the right to postpone the date for receipt and opening of Bids and will make a
reasonable effort to give at least five (5) calendar days’ notice prior to the Bid opening date of any
such postponement to prospective Bidders. Any such postponement will be announced through
the issuance of an addendum posted to the Town’s website.
B2.11 ACCEPTANCE OR REJECTION OF BIDS
The Town reserves the right to reject any and all Bids, with or without cause, to waive technical
errors and informalities, or to cancel or re-issue this solicitation. The Town also reserves the right
to reject the Bid of any Bidder who has failed to previously perform under a contract or who is in
arrears to the Town.
(i) Unbalanced Bids
The Town reserves the right to reject any Bid where the line-item pricing is determined to be
unbalanced. Such determination will be made at the sole discretion of the Town. An
Unbalanced Bid price, which will be determined at the sole discretion of the Town, includes, but
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
is not limited to, pricing that is not consistent with pricing in the industry or with market
conditions and a comparison to the pricing submitted by other Bidders. An Unbalanced Bid
typically occurs where the prices for one or more line items are too low a price to cover the
actual cost to perform the Work (including overhead and profit) or too high a price where
excessive profit will occur.
B2.12 WITHDRAWAL OF BID
Bidder warrants, by virtue of bidding, that its Bid and the prices quoted in its Bid are firm and
irrevocable for acceptance by the Town for a period of one hundred twenty (120) calendar days
from the date of the Bid submittal deadline. Bidder may change or withdraw its Bid prior to the
Bid submittal deadline. All changes or withdrawals must be made in writing to the Town Clerk.
Oral/Verbal modifications will not be valid. Once the Town makes an Award, the Bid cannot be
withdrawn.
B2.13 OPENING OF BIDS
Bids will be publicly opened at the appointed time and place stated in the ITB and the names of
the Bidders will be announced. The Town at its sole option may read the Bid prices. Late Bids will
not be opened. Town staff is not responsible for the premature opening of a Bid if the Bid is not
properly sealed, addressed and labeled. Bidders or their authorized agents are invited to be
present at the Bid opening. Any additional information on the Bid Submittals will be made
available in accordance with Florida Statute 119.071, Paragraph (b) of subsection (1), item 2, as
amended. Review of the Bid Submittals by Town staff will determine the lowest responsive and
responsible Bidder(s).
B2.14 LOCAL PREFERENCE
This ITB is subject to local preference under Section 13 of Town Ordinance 17-203. In order to
qualify, Bidders seeking preference must submit the Local Vendor Preference Certification Form
with all required supporting documentation. The Local Vendor Preference Certification Form can
be found on the Town’s website at Town of Miami Lakes - Growing Beautifully - Local Preference
(miamilakes-fl.gov).
B2.15 TIE BIDS
Preference shall be given to businesses with Drug-Free Workplace programs. Whenever two (2)
or more bids which are equal in price, the Award will be determined in accordance with Florida
Statute 287.133(2)(a), the Drug-Free Workplace Act. Where tie Bids still exist, the Award will be
made to one of the Bidders at the sole discretion of the Town Manager.
B2.16 AWARD OF CONTRACT(S)
The Town anticipates awarding a contract to the lowest responsive and responsible Bidder(s) that
is in the best interest of the Town.
The Town may require demonstration of competency and, at its sole discretion, conduct site
visit(s) and inspections of the Bidder’s place of business, require the Bidder to furnish
documentation or require the Bidder to attend a meeting to determine the Bidder’s qualifications
and ability to meet the terms and conditions of this Contract. The Town will consider, but not be
limited to, such factors as financial capability, labor force, equipment, experience, knowledge of
the trade work to be performed, the quantity of Work being performed by the Contractor and
past performance on Town and other contracts. In no case will the Award be made until all
necessary investigations have been made into the responsibility of the Bidder and the Town is
satisfied that the Bidder(s) is qualified to perform the Work.
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B2.17 BID PROTEST PROCESS
Any Bidder wishing to file a protest as to the requirements or award of this ITB must do so in
accordance with Town Ordinance 17-203, Section 16, which is available at Town of Miami Lakes -
Growing Beautifully - Home (miamilakes-fl.gov).
B2.18 EXECUTION OF CONTRACT
The Bidder(s) must complete and sign the Contract Execution Form, Form CE, and include it in its
Bid. The Contract Execution Form must be signed by an individual authorized to sign on behalf of
the Bidder(s). The Bidder must submit proof of signing authority in the form of the Certificate of
Authority form included with this ITB, or another properly executed instrument that
demonstrates signing authority such as a Corporate Resolution. The Town will execute a Contract
with the Bidder(s) selected to provide the work requested herein (the “Successful Bidder(s)”)
within sixty (60) days of an award authorization from the Town Council, or the Town Manager’s
concurrence with Procurement’s recommendation where applicable (See Town Ordinance 17-
203, as amended from time to time, for guidance on the Town Manager’s signing authority).
B3 REQUIRED FORMS & AFFIDAVITS
B3.01 COLLUSION
Where two (2) or more related parties, as defined in this Article, each submit a response to an
ITB, such submissions will be presumed to be collusive. The foregoing presumption may be
rebutted by the presentation of evidence as to the extent of ownership, control, and management
of such related parties in preparation and submission under such ITB. Related parties means
employees, officers or the principals thereof which have a direct or indirect ownership interest in
another firm or in which a parent company or the principals thereof of one Bidder have a direct
or indirect ownership interest in another Bidder for the same project. ITB responses found to be
collusive will be rejected. Bids must be developed independently. Where two or more Bidders
have worked together, discussed the details of their bids prior to submission of their Bids or
worked together in independently submitting Bids such actions will be deemed to be collusion.
B3.02 RELATIONSHIPS WITH THE TOWN AFFIDAVIT
The Bidder must identify any relationship the owners or employees have with the Town’s elected
officials or staff using the Relationships with the Town affidavit found in Section H, Required
Attachments.
B3.03 CONFLICT OF INTEREST/ANTI-KICKBACK
Bidder must complete and submit the Conflict of Interest, Anti-Kickback and Proposer’s
Relationships to the Town Affidavits found in Section H, Required Attachments, in its Bid. Bidder
certifies that its Bid is made independently of any assistance or participation from any Town
employee, elected official, or contractor working for or on behalf of the Town, who assisted in
any aspect with the development, evaluation, or award if this or any solicitation issued by the
Town.
Town employees may not contract with the Town through any corporation, or business entity in
which they or their immediate family members hold a controlling financial interest (e.g.,
ownership of five (5) percent or more). Immediate family members, including spouse, parents,
and children are also prohibited from contracting with the Town without the prior approval of the
Town Council.
Miami-Dade County Ordinance 2-11.1, Conflict of Interest & Code of Ethics ordinance or the
provisions of Chapter 112, Part III, Fla. Stat., Code of Ethics for Public Officers, and Employees, as
applicable and as amended are hereby included into and made a part of this solicitation.
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B3.04 PUBLIC RECORDS AFFIDAVIT
The Town shall comply with the Public Records Law as provided by Chapter 119, Florida Statutes,
and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by
law in the response to the solicitation and must identify the data or other materials to be
protected by separate envelope and must state the reasons why such exclusion from public
disclosure is necessary. The submission of a response authorizes release of your firm’s credit data
to the Town.
All prospective Bidders must complete and submit the Compliance with Public Records Law
affidavit with their Bid. Failure to submit the completed affidavit may result in the Bid being
deemed non-responsive. Bidders, by submitting the Compliance with Public Records Law affidavit,
specifically acknowledge their obligation to comply with Section 119.0701, Florida Statutes.
B3.05 PUBLIC ENTITY CRIMES ACT
In accordance with the Public Entity Crimes Act, (Section 287.133, Florida Statutes) a person or
affiliate who is a contractor, who had been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to the Town, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases or real property to the
Town, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with the Town
in excess of the threshold amount provided in Section 287.917, Florida Statutes, for Category Two
for a period of 36 months from the date of being placed on the convicted vendor list. Violation of
this section by the Contractor will result in rejection of the Bid, termination of the contract, and
may cause Contractor debarment.
END OF SECTION
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
SECTION C. GENERAL TERMS & CONDITIONS
C1 GENERAL REQUIREMENTS
C1.01 GENERALLY
The employee(s) of the Contractor will be considered to be at all times its employee(s), and not
employee(s) or agent(s) of the Town or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to the
performance of the Contract a sufficient number of competent and qualified professionals and
other personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by
the Town Manager or designee, should the Town Manager or designee make a determination that
said staffing is unacceptable or that any individual is not performing in a manner consistent with
the requirements for such a position.
The Contractor represents that its staff personnel have the proper skills, training, background,
knowledge, experience, rights, authorizations, integrity, character, and licenses necessary to
perform the Work, in a competent and professional manner.
The Contractor must at all times cooperate with the Town, or the Consultant (if any) and
coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The Town, the Consultant (if any) and other agencies authorized by the Town, must have full
access to the Project site at all times.
The apparent silence of the Contract Documents as to any detail, or the apparent omission from
them of a detailed description concerning any Work to be done and materials to be furnished, will
be regarded as meaning that only best practices are to prevail and only materials and
workmanship of the best quality are to be used in the performance of the Work.
C1.02 RULES AND REGULATIONS
The Contractor must comply with all laws and regulations applicable to provision of services
specified in the Contract Documents. The Contractor must be familiar with all federal, state, and
local laws, rules, regulations, codes, and ordinances that affect the Work.
Where portions of the Work traverse or cross federal, state, county or local highways, roads,
streets, or waterways, and the agency in control of such property has established standard
specifications, rules or regulations governing items of Work that differ from these specifications,
the most stringent specifications, rules, and regulations will apply.
C1.03 HOURS FOR PERFORMING WORK
All Work must be performed in accordance with the Town’s Noise Ordinance No. 04-50 unless
specifically stated otherwise herein or in a Work Order. Work to be performed outside these
hours will require the prior written approval of the Project Manager.
C1.04 SUBCONTRACTORS
Contractor is solely responsible for all acts and omissions of its Subcontractors. Nothing in the
Contract Documents creates any contractual relationship between any Subcontractor and the
Town. Contractor is responsible for the timely payment of its Subcontractors and suppliers as
required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements
will place the Contractor in default of the Contract.
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Contractor must not employ any subcontractor against whom Town may have a reasonable
objection.
Contractor must utilize the Subcontractors identified in their Bid submission. The replacement,
addition, or deletion of any Subcontractor(s) will be subject to the prior written approval of the
Project Manager.
Bidders that will be using a temporary labor company to provide staffing for the Project must
complete the Leased Employees Affidavit Form and include it with their Bid. Failure to include
this form may result in the Bid being rejected as non-responsive.
C1.05 CONSULTANT SERVICES
The Town, at its sole discretion, may hire a Consultant who may serve as the Town’s
representative for the Contract. Where a Consultant has been identified, the Consultant and the
Project Manager will both have authority to act on behalf of the Town to the extent provided for
in the Contract Documents, and where such authority has been delegated in writing by the Town
Manager.
C1.06 AUTHORITY OF THE PROJECT MANAGER
The Town Manager hereby authorizes the Project Manager to determine, all questions of any
nature whatsoever arising out of, under or in connection with, or in any way relating to or on
account of the Work, and questions as to the interpretation of the Work to be performed under
the Contract Documents. The Project Manager may delegate some of the authority contained in
this Article to a designee.
The Contractor is bound by all determinations or orders of the Project Manager and must
promptly respond to requests of the Project Manager, including the withdrawal or modification
of any previous order, and regardless of whether the Contractor agrees with the Project
Manager’s determination or requests. Where requests are made orally, the Project Manager will
follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or designee shall have authority to act on behalf of the Town to the
extent provided for by the Contract Documents, unless otherwise modified in writing by the Town.
All instructions to the Contractor will be issued in writing through the Town Manager, Project
Manager, or designee.
The Project Manager will not be responsible for the means, methods, techniques, sequences, or
procedures employed, or for safety precautions and programs in connection with the Work and
will not be responsible for the Contractor’s failure to carry out the Work in accordance with the
Contract Documents.
All interpretations and recommendations of the Project Manager and Consultant will be
consistent with the intent of the Contract Documents.
Interpretation of the Contract terms and conditions will be issued by the Town’s Procurement
Manager.
The Project Manager and/or designee will have authority to reject Work that does not conform
to the Contract Documents. Whenever, in their opinion, it is considered necessary or advisable to
ensure the proper completion of the Work the Project Manager or Consultant have authority to
require special inspections or testing of the Work, whether or not such Work is fabricated,
installed or completed.
The Project Manager’s authority to act under this paragraph, or any decision made in good faith
either to exercise or not to exercise such authority, shall not give rise to any duty or responsibility
of the Project Manager owed to the Contractor, any subcontractor, supplier or any of their agents,
employees, or any other person performing any of the Work.
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The Project Manager is not responsible for the acts or omissions of the Contractor, any
Subcontractor, or any of their agents or employees, or any other persons performing any of the
Work.
C1.07 INDEPENDENT CONTRACTOR
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner consistent
with that status, that the Contractor will not claim to be an officer or employee of the Town for
any right or privilege applicable to an officer or employee of the Town, including, but not limited
to: worker’s compensation coverage; unemployment insurance benefits; social security coverage;
retirement membership, or credit.
C1.08 THIRD-PARTY BENEFICIARIES
Neither Contractor nor Town intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third-party beneficiaries to this Contract
and that no third party will be entitled to assert a claim against either of them based upon this
Contract.
C1.09 ASSIGNMENT OR SALE OF CONTRACT
The performance of this Contract will not be transferred pledged, sold, delegated, or assigned, in
whole or in part, by the Contractor without the prior written consent of the Town. It is understood
that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk
sale, an assignment for the benefit of creditors will each be deemed transactions that would
constitute an assignment or sale hereunder. The Town may request any information it deems
necessary to review any request for assignment or sale of the Contract.
The Contractor must notify the Project Manager prior to any Assignment of the Contract, which
must be approved by the Town for the transfer of the Contract. The Town may, at its sole
discretion, elect not to approve the transfer of the Contract, which will result in the Contract being
terminated in accordance with the Termination for Convenience provision of the Contract. Any
transfer without Town approval will be cause for the Town to terminate this Contract for default
and the Contractor will have no recourse from such termination.
Nothing herein will either restrict the right of the Contractor to assign monies due to, or to
become due or be construed to hinder, prevent, or affect any assignment by the Contractor for
the benefit of its creditors, made pursuant to applicable law.
C1.10 TIME FOR COMPLETION
Time is of the essence with regard to completion of the Work to be performed under the Contract.
Delays and extensions of time may be allowed only in accordance with the provisions of the
Contract. The time allowed for completion is provided for in the Special Terms & Conditions.
C1.11 APPLICABLE LAW AND VENUE OF LITIGATION
This Contract will be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions the sole
venue will be Miami-Dade County, Florida.
C1.12 NON-EXCLUSIVE CONTRACT
This Contract shall not be deemed to create an exclusive relationship between the Town and the
Contractor(s). The Town, in its sole discretion, reserves the right to perform, solicit or employ
other parties or its own staff to perform Work or Services comparable to those covered herein.
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C1.13 SEVERABILITY
In the event any provision of the Contract Documents is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision will be
excised from this Contract, and the remainder of the Contract Documents will continue in full
force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will
materially and adversely affect the rights of either party, such party may elect, at its option, to
terminate the Contract in its entirety. An election to terminate the Contract based upon this
provision must be made within seven (7) calendar days after the finding by the Court becomes
final.
C1.14 CONTRACT DOCUMENTS CONTAIN ALL TERMS
The Contract Documents and all documents incorporated herein by reference contain all the
terms and conditions agreed upon by the parties hereto, and no other agreement, oral or
otherwise, regarding the subject matter of the Contract Documents will be deemed to exist or to
bind any of the parties hereto, or to vary any of the terms contained herein.
C1.15 ENTIRE AGREEMENT
The Contract Documents, as they may be amended from time to time, represent the entire and
integrated Contract between the Town and the Contractor and supersede all prior negotiations,
representations, or agreements, written or oral. This Contract may not be amended, change d,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of the Contract Documents will not be deemed to be a waiver
of any other breach of any provision of the Contract Documents.
C1.16 INTENTION OF THE TOWN
It is the intent of the Town to describe in the ITB the Work to be completed in accordance with all
codes and regulations governing all the Work to be performed under this Contract. Any work,
labor, materials and/or equipment that may reasonably be inferred from the Contract as being
required to produce the intended results must be supplied by Contractor whether or not
specifically called for in the Contract Documents. Where words, which have well-known technical
or trade meanings are used to describe Work, materials or equipment, such words will be
interpreted in accordance with that meaning. Reference to standard specifications, manuals, or
codes of any technical society, organization, or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, will mean the latest
standard specification, manual, code or laws or regulations in effect at the time of opening of Bids
and Contractor must comply therewith. Town will have no duties other than those duties and
obligations expressly set forth within the Contract Documents.
C1.17 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement, the
specifications or any plans, or provision of the Contract Documents the following order of
precedence will apply:
1. In the event of conflicts in the Contract Documents the priorities stated below will govern;
2. Revisions and Change Orders to the Contract will govern over the Contract;
3. The Contract Documents will govern over the Contract;
4. The Special Conditions will govern over the General Conditions of the Contract; and
5. Addendum to an ITB will govern over the ITB.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
In the event that Drawings and specifications are provided with the Contract the priorities stated
below will govern:
1. Scope of Work and Specifications will govern over Plans and Drawings;
2. Schedules, when identified as such will govern over all other portions of the Plans;
3. Specific notes will govern over all other notes, and all other portions of the Plans, unless
specifically stated otherwise;
4. Larger scale drawings will govern over smaller scale drawings;
5. Figured or numerical dimensions will govern over dimensions obtained by scaling; and
6. Where provisions of codes, manufacturer’s specifications or industry standards are in
conflict, the more restrictive, strict, or higher quality will govern.
C1.18 ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
connected with the Work or appurtenances, are hereby included in the prices stipulated in the
Contract for said Work.
C1.19 PURCHASE AND DELIVERY, STORAGE, AND INSTALLATION
All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is
solely responsible for the purchase, delivery, off-loading and installation of all equipment and
material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing
and damaged equipment or material(s) and filing any and all claims with suppliers. All
transportation must comply with all federal, FDOT, Miami-Dade County, and Town rules and
regulations.
No materials will be stored on site without the prior written approval, using the appropriate Town
form, by the Project Manager. The Town’s Forms are available on the Town’s website.
C1.20 VEHICLES & EQUIPMENT
Contractor must have on hand at all times clean and in good working order such vehicles,
machinery, tools, accessories, and other items necessary to perform the Work under this
Contract. The Town may require the repair or replacement of equipment as reasonably
necessary.
C1.21 SUBSTITUTIONS
Substitution of any specified material or equipment requires the prior written acceptance of the
Project Manager. It is the sole responsibility of the Contractor to provide sufficient information
and documentation to the Project Manager to allow for a thorough review and determination on
the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor’s sole responsibility to meet the requirements of the Contract Documents. The Town
may require an adjustment in price based on any proposed substitution.
The Contractor may request the Town to approve substitution where the specified materials are
not available. Such requests must be submitted in writing to the Project Manager in advance with
sufficient information to evaluate the substitution. The Contractor must provide the substitute
materials plant designation, type, grade, quality, and size. Acceptance of substitutions will be at
the sole discretion of the Town. The Town may require an adjustment in price based on any
proposed substitution.
C1.22 OWNERSHIP OF THE WORK
The Contractor is solely responsible for all Work, until Final Completion of the Work. Contractor
is liable for all damage, theft, maintenance, and safety until such time as the Town issues a notice
of Final Completion of the Work.
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C1.23 TOWN LICENSES, PERMITS AND FEES
In accordance with the Public Bid Disclosure Act, 218.80, Florida Statutes, each license, permit,
or fee the Contractor will have to pay the Town before or during the Work or the percentage
method or unit method of all licenses, permits and fees required by the Town and payable to
the Town by virtue of the Work as part of the Contract are as follows:
1. Contractor must have and maintain during the term of this Contract all appropriate Town
licenses. Fees for which must be paid in full in accordance with the Town’s Fee structure for
such licenses. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF TOWN
LICENSE FEES.
2. During the performance of this Contract there may be times when the Contractor will be
required to obtain a Town permit for such Work. It is the responsibility of the Contractor to
ensure that he has the appropriate Town permits to perform such work as may become
necessary during the performance of the Work. Any fees related to Town required permits in
connection with this Contract will be the responsibility of the Contractor and will be
reimbursed by the Town.
Licenses, permits, and fees that may be required by County, State or Federal entities are not
included in the above list.
C1.24 TAXES
Contractor must pay all applicable sales, consumer, use, and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
Contractor shall include all sales and other taxes for which it is liable in its Bid price.
C1.25 REMOVAL OF UNSATISFACTORY PERSONNEL
Contractor must at all times enforce strict discipline and good order among its employees and
subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
The Town may make written request to the Contractor for the prompt removal and replacement
of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by
the Contractor to provide and perform services or Work pursuant to the requirements of the
Contract Documents. The Contractor must respond to the Town within five (5) calendar days of
receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The Town will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of
any of such individual(s) does not require the termination or demotion of said individual(s).
C1.26 DEFECTIVE OR NON-COMPLIANT WORK
The Project Manager has the authority to reject or disapprove Work that is found to be defective
or not in compliance with the requirements of the Contract. If required, the Contractor will
promptly either correct all defective or non-compliant Work or remove such defective Work and
replace it with non-defective/non-compliant Work. Contractor will bear all direct, indirect, and
consequential costs of such removal or corrections.
Re-examination of any of the Work may be ordered by the Project Manager and if so ordered, the
Work must be uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, the Town will pay the cost of reexamination and replacement by means of
a Change Order. If such Work is not in accordance with the Contract Documents, Contractor will
pay such cost.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Should Contractor fail or refuse to remove or correct any defective or non-compliant Work or to
make any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by the Project Manager, the Project Manager has the authority
to cause the defective/non-compliant Work to be removed or corrected or make such repairs or
corrections as may be necessary at Contractor's expense. Any expense incurred by the Town in
making such removals, corrections, or repairs, will be paid for out of any monies due or which
may become due the Contractor. In the event of failure of the Contractor to make all necessary
repairs promptly and fully, the Town Manager or designee may declare the Contractor in default.
If, within the warranty period required by the Contract Documents, or by any specific provision of
the Contract, any of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor, after receipt of written notice from Town, must promptly correct such
defective or nonconforming Work within the time specified by Town, without cost to Town.
Should the Contractor fail to take such action the Town may take any necessary and appropriate
action and hold the Contractor liable and responsible for all costs. The Town may take any action
allowed under this Contract or in law to recover all such costs. Nothing contained herein will be
construed to establish a period of limitation with respect to any other obligation which Contractor
might have under the Contract Documents, including but not limited to, any claim regarding latent
defects.
Failure to reject any defective Work or material does not, in any way, prevent later rejection when
such defect is discovered, or obligate the Town to accept the defective Work.
C1.27 COMPLIANCE WITH APPLICABLE LAWS
The Contractor must comply with the most recent editions and requirements of all applicable
laws, rule, regulations, codes, and ordinances of the Federal government, the State of Florida,
Miami-Dade County, and the Town.
C1.28 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, & ADA
Contractor will not unlawfully discriminate against any person, will provide equal opportunities
for employment, and comply with all applicable provisions of the Americans with Disabilities Act
in its performance of the Work under the Contact. Contractor will comply with all applicable
federal, State of Florida, Miami-Dade County, and Town rules regulations, laws, and ordinance as
applicable.
C1.29 NOTICES
Whenever either party desires to give written notice to the other relating to the Contract, such
must be addressed to the party for whom it is intended at the place specified below; and the
place for giving the notice will remain until it has been changed by written notice in compliance
with the provisions of this Article. Notice will be deemed given on the date received or within 3
days of mailing, if mailed through the United States Postal Service. Notice will be deemed given
on the date sent via e-mail or facsimile. Notice will be deemed given via courier/delivery service
upon the initial delivery date by the courier/delivery service. For the present, the parties
designate the following as the respective places for giving of notice:
For Town:
Mr. Edward Pidermann Lorenzo Cobiella
Town Manager Deputy Town Attorney
Town of Miami Lakes Town of Miami Lakes
6601 Main Street 6601 Main Street
Miami Lakes, Florida 33014 Miami Lakes, Florida 33014
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
pidermanne@miamilakes-fl.gov cobiellal@miamilakes-fl.gov
For Contractor:
Steven Sdankus
President
Florida Sidewalk Solutions
7051 SW 22nd Court
Davie, FL 33317
crystal@floridasidewalksolutions.com
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During the Work the Contractor must maintain continuing communications with designated
Town representative(s). The Contractor must keep the Town fully informed as to the progress
of the Work under the Contract.
C2 INDEMNITY & INSURANCE
C2.01 INDEMNIFICATION
The Contractor must indemnify and hold harmless the Town, its officers, agents and employees
from and against all liability, claims, damages, losses and expenses, including reasonable
attorney's fees and costs at both trial and appellate levels arising out of or resulting from the
performance of the Work under this Contract, caused by negligence, recklessness, intentional
misconduct, or any act or omission of the Contractor or anyone directly or indirectly employed by
Contractor or anyone for whose acts Contractor may be liable. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Contractor will in no way limit the responsibility to indemnify, keep and save harmless
and defend the Town or its officers, employees, agents, and instrumentalities as herein provided.
The Contractor agrees and recognizes that the Town will not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the Town
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the
Town in no way assumes or shares any responsibility or liability of the Contractor or
Subcontractor, under this Contract. The Contractor will defend the Town or provide for such
defense at its own expense, at the Town’s option.
This indemnification obligation will survive the expiration or termination of this Contract.
The Town has provided specific consideration for the indemnification of $10.00 from the sums
due to the Contractor under this Contract.
C2.02 CONTRACTOR’S RESPONSIBILITY FOR DAMAGES TO THE WORK
Contractor accepts full responsibility for Work against all losses or damages of whatever nature
sustained until acceptance by Town Manager or designee, and must promptly repair or replace,
at no additional cost to the Town any Work, materials, equipment, or supplies damaged, lost,
stolen, or destroyed from any cause whatsoever.
Contractor is full responsible for Work against all losses or damages of whatever nature sustained
until acceptance by Town, and must promptly repair or replace, at no additional cost to the Town
any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause
whatsoever.
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C2.03 DEFENSE OF CLAIMS
Should any claim be made, or any legal action brought in any way relating to the Work under the
Contract, the Contractor will diligently render to the Town all assistance which the Town may
require of the Contractor.
C2.04 INSURANCE
Without limiting any of the other obligations or liabilities of Contractor, the Contractor must
secure and maintain throughout the duration of this Contract, insurance of such type and in such
amounts necessary to protect its interest and the interest of the Town against hazards or risks of
loss as specified below. The underwriter of such insurance must be qualified to do business in the
State of Florida, be rated “B” as to management and “Class V” as to strength or better as rated by
the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, the insurance carrier must have agents upon whom service of process
may be made in the State of Florida. The insurance coverage will be primary insurance with
respect to the Town, its officials, employees, agents, and volunteers. Any insurance maintained
by the Town will be in excess of the Contractor’s insurance and will not contribute to the
Contractor’s insurance. The insurance coverages must include a minimum of:
a. Worker’s Compensation and Employer’s Liability Insurance:
Coverage to apply for all employees for statutory limits as required by the State of
Florida’s Statutory Workers’ Compensation Law and all applicable Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $500,000 for each
accident and a waiver of subrogation.
b. Comprehensive Business Automobile and Vehicle Liability Insurance:
This insurance must be written in comprehensive form and must protect the Contractor
and the Town against claims for injuries to members of the public and/or damages to
property of others arising from the Contractor’s use of motor vehicles or any other
equipment and must cover operation with respect to onsite and offsite operations and
insurance coverage must extend to any motor vehicles or other equipment irrespective
of whether the same is owned, non-owned, or hired. The limit of liability must not be less
than $500,000 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability Policy, without restrictive
endorsement, as filed by the Insurance Services Office.
c. Commercial General Liability (“CGL”):
This insurance must be written in comprehensive form and must protect the Contractor
and the Town against claims arising from injuries to members of the public or damage to
property of others arising out of any act or omission to act of the Contractor or any of its
agents, employees, or subcontractors. The limit of liability must not be less than
$1,000,000 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a primary and non-contributory basis
and with a coverage form no more restrictive than the latest edition of the Commercial
General Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include: (1) Premises and/or Operations; (2) Independent
contractors and Products and/or completed Operations; (3) Broad Form Property
Damage, Personal Injury and a Contractual Liability Endorsement, including any hold
harmless and/or indemnification agreement.
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(1st) Products and/or Completed Operations for contracts with an Aggregate Limit of One
Million Dollars ($1,000,000) per project. Contractor must maintain in force until at
least three years after completion of all Work required under the Contract, coverage
for Products and Completed Operations, including Broad Form Property Damage.
(2nd) Personal and Advertising Injury with an aggregate limit of One Million Dollars
($1,000,000).
(3rd) CGL Required Endorsements:
a) Employees included as insured
b) Contingent Liability/Independent Contractors Coverage
c) Contractual Liability
d) Waiver of Subrogation
e) Premises and/or Operations
f) Explosion, Collapse and Underground Hazards (if not specifically covered under
the policy)
g) Loading and Unloading
h) Mobile Equipment (Contractor’s Equipment) whether owned, leased, borrowed,
or rented by Contractor or employees of the Contractor.
d. Certificate of Insurance
Contractor must provide the Town Manager or designee with Certificates of Insurance for
all required policies within fifteen (15) days of notification of a conditional award by the
Town. The Certificates of Insurance must not only name the types of policy(ies) provided,
but also must specifically cite this Contract and must state that such insurance is as
required by this Contract. The Town reserves the right to require the Contractor to
provide a certified copy of such policies, upon written request by the Town. Each policy
certificate must be endorsed with a provision that not less than thirty (30) calendar days’
written notice must be provided to the Town before any policy or coverage is cancelled,
restricted, or a material change is made. Acceptance of the Certificate(s) is subject to
approval of the Town Manager or designee.
e. Additional Insured
The Town is to be specifically included as an Additional Insured for the liability of the Town
resulting from operations performed by or on behalf of Contractor in performance of this
Contract. The Town must be named as additional insured under the CGL, business
automobile insurance and umbrella policies. Town must be named as an additional
insured under Contractor’s insurance, including that applicable to the Town as an
Additional Insured, must apply on a primary basis and any other insurance maintained by
the Town will be in excess of and will not contribute to Contractor’s insurance.
Contractor’s insurance must contain a severability of interest provision providing that,
except with respect to the total limits of liability, the insurance must apply to each Insured
or Additional Insured in the same manner as if separate policies had been issued to each.
All deductibles or self-insured retentions must be declared to and be approved by the
Town Manager. The Contractor will be responsible for the payment of any deductible or
self-insured retention in the event of any claim.
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C3 PUBLIC RECORDS
C3.01 ACCESS, REVIEW AND RELEASE OF RECORDS
Town will have the right to inspect and copy, at Town’s expense, the books, records, and accounts
of Contractor which relate in any way to the Contract. The Contractor agrees to maintain an
accounting system that provides for accounting records that are supported with adequate
documentation and adequate procedures for determining allowable costs.
f. Public Records
Bidder affirms, by virtue of bidding, that its Bid is a public record, and the public will have access
to all documents and information pertaining to the bid and the solicitation, subject to the
provisions of Chapter 119, Florida Statutes. Bidder acknowledges that the Town may provide
public access to or provide copies of all documents subject to disclosure under applicable law. If
the Project is funded by grants, either partially or fully, records will be made available to the
granting agency in accordance with that agency’s requirements, when necessary.
Bidder is responsible for claiming applicable exemptions to disclosure as provided by Chapter 119,
Florida Statutes, in its Bid by identifying the materials to be protected and providing a reason for
why such exclusion from public disclosure is necessary and legal.
g. Retention and Transfer of Public Records
Upon termination by the Town or final completion of the Contract the Contractor must, in
accordance with Section 119.0701 of the Florida Statutes, transfer to the Town, at no cost, all
public records in possession of the Contractor and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All public record
stored electronically must be provided in .pdf format or another format acceptable to the Town.
Any payments due the Contractor will not be made until the Town receives the public records.
Failure to return such documents will result in the documents being subject Chapter 119 of the
Florida Statutes
The Contractor must comply with the applicable provisions of Chapter 119, Florida Statutes, and
Town will have the right to immediately terminate this Contract for the refusal by the Contractor
to comply with Chapter 119, Florida Statutes. The Contractor must retain all other records
associated with this Contract for a period of five (5) years from the date of termination.
Should the Contractor have any questions related to the application of
Chapter 119, Florida Statutes, to the Contractor’s duty to provide public
records relating to this Contract, contact the Town’s custodian of public
records at the Office of the Town Clerk 6601 Main Street, Miami Lakes,
Florida 33014 either in writing to by telephone at (305) 364-6100 or
clerk@miamilakes-fl.gov.
C4 CONTRACT MODIFICATION AND DISPUTE PROCESS
C4.01 CHANGE ORDERS
Without invalidating the Contract Documents, and without notice to any Surety, the Town
reserves the right to make increases, decreases or other changes in the character or quantity of
the Work under the Contract Documents as may be considered necessary or desirable to
complete the Work in a manner satisfactory to the Town. The Town reserves the right to order
changes which may result in additions to or reductions from the amount, type or value of the
Work shown in the Contract, and which are within the general scope of the Contract Documents,
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and all such changes will be authorized only by a Change Order approved in advance and issued
in accordance with provisions of the Town.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request (“CPR”) or Request for Change Order (“RCO”), utilizing the Town’s standard form, which
must include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in support
of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the Town
may require that the Contractor submit any or all of the following: a cost breakdown of material
costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of
Contractor's CPR/RCO. The Contractor’s CPR/RCO must include any schedule revisions and an
explanation of the cost and schedule impact of the proposed change on the Project. If the
Contractor fails to notify the Project Manager of any schedule changes associated with the
proposed change, it will be deemed to be an acknowledgment by Contractor that the proposed
work will not have any scheduling consequences.
Any changes to the Contract must be contained in a written Change order, using the Town’s
Change Order Form, executed by both parties. However, under circumstances determined
necessary by the Town, a Change Order may be issued unilaterally by Town.
In the event a satisfactory adjustment cannot be reached, and a Change Order has not been issued
or time is of the essence, the Town reserves the right, at its sole option to direct the Contractor
to proceed on a time and materials basis or make such arrangements as may be deemed
necessary to complete the proposed additional Work.
Where the Town directs the Contractor to proceed on a time and materials basis, Contractor must
maintain detailed records of all labor and material costs for review by the Town.
For all Change Orders the Contractor will be entitled to a combined profit and overhead rate for
Change Orders that will not be in excess of ten (10%) percent inclusive of all direct/indirect costs
including labor, material, and equipment costs, unless the Procurement Manager determines that
the complexity and risk of the Change Order work is such that an additional factor is appropriate.
The final amount to be paid to the Contractor for Change Order Work is subject to negotiation
between the Town and the Contractor.
Failure by the Contractor to proceed with Change Order Work when so directed by the Town
Manager or designee may result in the Contractor being found in default of the Contract.
Contractor must utilize the Town’s standard requests for change orders and change order forms
unless otherwise specifically approved by the Town’s Procurement Manager. The Town’s Forms
are available on the Town’s website.
C4.02 FORCE MAJEURE
Should any failure to perform on the part of Contractor be due to a condition of Force Majeure as
that term is interpreted under Florida law, then, the Town may allow an extension of time
reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due to a
force majeure condition, the Contractor must request a time extension from the Town within two
(2) working days of said Force Majeure occurrence. Any time extension will be subject to mutual
agreement and will not be cause for any claim by the Contractor for extra compensation unless
additional services are required by the Town. A Force Majeure event does not include inclement
weather except for significant weather events that adversely impact the critical path of the Project
Schedule, if required, or completion of the work, and does not include the acts or omissions of
Subcontractors or suppliers.
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C4.03 EXTENSION OF TIME
Any reference in this Article to the Contractor will be deemed to include suppliers, and permitted
Subcontractors, whether or not in privity of contract with the Contractor for the purpose of this
Article.
If the Contractor is delayed at any time during the progress of the Work beyond the time frame
or date provided for Final Completion by the neglect or failure of the Town or by a Force Majeure,
then the Contract Time set forth in the Contract will be extended by the Town subject to the
following conditions:
1. The cause of the delay arises after issuance of the NTP and could not have been anticipated
by the Contractor by reasonable investigation before proceeding with the Work;
2. The Contractor demonstrates that the completion of the Work will be actually and necessarily
delayed;
3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable
precautions, efforts, and measures whether before or after the occurrence of the cause of
delay.
A delay meeting all the conditions of the above will be deemed an Excusable Delay.
The Town reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the Contractor
in support of a request for an extension of time was erroneous; provided however, that such
information or facts, if known, would have resulted in a denial of the request for an Excusable
Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension
previously granted if the Contractor acted in reliance upon the granting of such extension and
such extension was based on information which, although later found to have been erroneous,
was submitted in good faith by the Contractor.
The request for an Excusable Delay must be made within five (5) calendar days after the time
when the Contractor knows or should have known of any cause for a specific event, for which it
may claim an extension of time and must provide any actual or potential basis for an extension of
time, identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work identified
in the request. The Project Manager may require the Contractor to furnish such additional
information or documentation, as the Project Manager will reasonably deem necessary or helpful
in considering the requested extension.
The Contractor will not be entitled to an extension of time unless the Contractor affirmatively
demonstrates that it is entitled to such extension.
The Project Manager will endeavor to review and respond to the Contractor’s request for
Excusable Delays in a reasonable period of time; however, the Contractor is obligated to continue
to perform the Work required regardless of whether the Project Manager has issued a decision
or whether the Contractor agrees or disagrees with that decision.
With regard to an injunction, strike or interference of public origin which may delay the Project,
the Contractor must promptly give the Project Manager a copy of the injunction or other orders
and copies of the papers upon which the same was granted. The Town must be afforded the right
to intervene and become a party to any suit or proceeding in which any such injunction has been
obtained and move to dissolve the same or otherwise, as the Town may deem proper.
Where the Contractor is delayed for any period of time by two or more of the causes mentioned
in Article C4.04, Excusable Delay, Non-Compensable, the Contractor will not be entitled to a
separate extension for each one of the causes, only one period of extension will be granted for
the delay.
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Any extension of time granted by the Town will be processed through the Change Order provisions
of the Contract.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in
the Contract (as such date may have been extended by a change order), the making of any
payment to the Contractor, the issuance of any Change Order, will not waive the Town's rights
under the Contract, including but not limited to the assessment of liquidated damages or
declaring Contractor in default.
C4.04 EXCUSABLE DELAY, NON-COMPENSABLE
Excusable Delay is delay caused by either of the following: (i) circumstances that could not be
foreseen and are beyond the reasonable control of Contractor, its subcontractors, or suppliers;
or (ii) joint or concurrent action by Contractor, its subcontractors, suppliers or vendors and the
Town. Then Contractor will be entitled only to a time extension and no compensation for the
delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed
due to Excusable Delay. Contractor must document its claim for any time extension as provided
in Article C4.05.
Failure of Contractor to comply with Article C4.05, as to any particular event of delay will be
deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims
resulting from that particular event of delay.
C4.05 CLAIMS
Contractor will only be entitled to submit a claim after submitting its request for additional
compensation or time in accordance with Articles C4.03 and C4.04 of the Contract and the
request(s) have been denied or the Contractor does not agree with the decision of the Town.
Any claim for a change in the Contract time for completion of any Work, the Contract Term, or
Contract price must be made by written notice by Contractor to the Town representatives
identified in Article C1.26 within the timeframe established in Article C4.04, effective with the
commencement of the event giving rise to the claim stating the general nature and cause of the
claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to
the claim, written notice of the extent of the claim with supporting information and
documentation must be provided unless the Procurement Manager allows an additional period
of time to ascertain more accurate data in support of the claim. The written notice must be
accompanied by Contractor's written notarized statement that the adjustment(s) claimed is the
entire adjustment to which the Contractor has reason to believe it is entitled as a result of the
occurrence of said event. All claims and disputes will be determined in accordance with the
Contract. It is expressly and specifically agreed that any and all claims for changes to the Contract
will be waived if not submitted in strict accordance with the requirements of this Article.
The Town may require the Contract to submit its claim utilizing a specific format or forms to
facilitate the Town’s evaluation of the claim. The Town at its sole discretion may require that
additional documentation or information be provided by the Contractor to assist in its review and
evaluation of the claim.
The Contract time will be extended in an amount equal to time lost on critical Work items due to
delays beyond the control of and through no fault or negligence of Contractor if a claim is made
as provided in this Article. Such delays include, but are not limited to, acts or neglect by any
separate contractor employed by Town, fires, floods, labor disputes beyond the control of the
Contractor, epidemics, abnormal weather conditions (if applicable), or acts of God.
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The Contractor will not be entitled to an increase in the Contract price or payment or
compensation of any kind from the Town for direct, indirect, consequential, impact or other costs,
expenses or damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be it reasonable or unreasonable, foreseeable or
unforeseeable, avoidable or unavoidable. Contractor will only be entitled to an extension of the
Contract Time for completion of the Work, as the sole and exclusive remedy for such resulting
excusable delay.
The Contractor agrees to make no claim for damages for delay of any kind in the performance of
the Contract Documents whether occasioned by any act or omission of the Town or any of its
representatives and the Contractor agrees that any such claim will be compensated solely by an
extension of time to complete performance of the Work due to an Excusable Delay as defined in
Articles C4.03, and Article C4.04. The Contractor alone specifically assumes the risk of such delays,
including, without limitation: delays in processing or approving any submittals to the Town or by
the Town, or the failure to render determinations, approvals, replies, inspections, in a timely
manner. Contractor will not receive monetary compensation for Town delay(s).
Failure of Contractor to comply with this Article as to any particular event of claim will be deemed
conclusively to constitute a waiver of any and all claims resulting from that particular event.
C4.06 CONTINUING THE WORK
Contractor must continue to perform all Work under the Contract Documents during all disputes
or disagreements with Town, including disputes or disagreements concerning a request for a
Change Order and no Work must not be delayed or postponed pending resolution of any disputes
or disagreements.
C4.07 FRAUD AND MISREPRESENTATION
The Town may terminate this Contract or any other contracts with the Town with any person,
individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with
the Town through fraud, misrepresentation, or material misstatement. Such person, individual,
corporation, entity, or affiliate will be responsible for all direct or indirect costs associated with
termination or cancellation.
C4.08 STOP WORK ORDER
The Town may, at any time, by written order to the Contractor, require the Contractor to stop all,
or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing
no sooner than the date the order is delivered to the Contractor, and for any further period to
which the parties may agree. Any such order will be specifically identified as a “Stop Work Order”
issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period
specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which
the parties have agreed the Town will either:
1. Cancel the Stop Work Order; or
2. Terminate the Work covered by such order as provided in Article C5.03, Termination for
Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor must resume the Work without compensation to the
Contractor for such suspension other than extending the time to complete any Work under the
Contract or extending the Contract Term to the extent that, in the opinion of the Project Manager,
the Contractor may have been delayed by such suspension. In the event the Project Manger
determines that the suspension of Work was necessary due to Contractor’s defective or incorrect
Work, unsafe Work conditions caused by the Contractor, or any other reason caused by
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Contractor’s fault or omission, the Contractor will not be entitled to an extension of time or
Contract Term or (Time) as a result of the issuance of a Stop Work Order.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether the
Town has directed such suspension, will entitle the Contractor to additional Contract time as non-
compensable, Excusable Delay, and will not give rise to a claim for compensable delay.
C4.09 MATERIALITY AND WAIVER OF BREACH
Town and Contractor agree that each requirement, duty, and obligation set forth in the Contract
Documents is substantial and important to the formation of the Contract Documents and,
therefore, is a material term hereof. The Town's failure to enforce any provision of the Contract
Documents will not be deemed a waiver of such provision or modification of the Contract
Documents. A waiver of any breach of a provision of the Contract Documents will not be deemed
a waiver of any subsequent breach and will not be construed to be a modification of the terms of
the Contract Documents.
C4.10 TIME IN WHICH TO BRING ACTION AGAINST THE TOWN
In the event the Contractor may be deemed to have a cause of action against the Town, no action
will lie or be maintained by the Contractor against the Town upon any claim arising out of or based
upon the Contract Documents by reason of any act or omission or requirement of the Town or its
agents, unless such action is commenced within six (6) months after the date of issuance of a final
payment under the Contract, or if the Contract is terminated under the provisions of the Contract,
unless such action is commenced within six (6) months after the date of such termination by the
Town.
C4.11 CONTRACT EXTENSION
The Town reserves the right to extend the Contract for up to ninety (90) calendar days beyond
the original Contract period, inclusive of any Options to Renew exercised by the Town. In such
event, the Town will notify the Contractor in writing of such extensions.
C5 EARLY TERMINATION & DEFAULT
C5.01 SET-OFFS, WITHOLDING, AND DEDUCTIONS
The Town may set-off, deduct or withhold from any payment due the Contractor, such sums as
may be specifically allowed in the Contract or by applicable law including, without limitation, the
following:
1. Any amount of any claim by a third party;
2. Any Liquidated Damages, and/or;
3. Any unpaid legally enforceable debt owed by the Contractor to the Town.
The Town will notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, will be paid to the Contractor in
accordance with the Local Government Prompt Payment Act
C5.02 CONTRACTOR DEFAULT
a. Event of Default
An event of default means a breach of the Contract by the Contractor. Without limiting the
generality of the foregoing and in addition to those instances referred to herein as a breach, an
Event of Default, includes but is not limited to, the following:
1. The Contractor has not performed the Work in a timely manner;
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2. The Contractor has refused or failed to supply properly skilled staff or provided sufficient
quantities of staff to perform the Work;
3. The Contractor has failed to make prompt payment to Subcontractors or suppliers for any
services, materials, or supplies provided to Contractor;
4. The Contractor has become insolvent or has assigned the proceeds received for the benefit
of the Contractor’s creditors, or the Contractor has taken advantage of any insolvency statute
or debtor/creditor law or if the Contractor’s affairs have been put in the hands of a receiver;
5. The Contractor has failed to obtain the approval of the Town where required by the Contract
Documents;
6. The Contractor has failed in the representation of any warranties stated herein;
7. When, in the opinion of the Town, reasonable grounds for uncertainty exist with respect to
the Contractor’s ability to perform the Work.
b. Notice of Default – Opportunity to Cure
Where an Event of Default (“Default”) occurs under the Contract, the Town may at its sole
discretion notify the Contractor, specifying the basis for such Default, and advising the Contractor
that such Default must be cured within a time frame specified by the Town; or, the Contract with
the Town may be terminated. The Town is under no obligation to issue such notification. The
Town may grant an extension to the cure period if the Town deems it appropriate and in the best
interest of the Town, without waiver of any of the Town’s rights hereunder. The Town, at its sole
discretion, may have a default corrected by its own forces or another contractor and any such
costs incurred will be deducted from any sums due the Contractor under any contract with the
Town.
The Town Manager or designee may also suspend any payment or part thereof or order a Work
stoppage until such time as the issue(s) concerning compliance are resolved.
c. Termination for Default
Where a Default is not cured within the time specified to cure the Default, the Town Manager in
addition to all remedies available by law, may immediately, upon written notice to Contractor,
terminate this Contract. Contractor understands and agrees that termination of this Contract
under this Article will not release Contractor from any obligation accruing prior to the effective
date of termination.
In the event of termination by the Town Manager or designee, the Town Manager or designee
may immediately take possession of all applicable documentation and data, material, equipment,
and supplies to which it is entitled to under the Contract or by law.
Where the Town erroneously terminates the Contract for default, the terminations will be
converted to a Termination for Convenience, and the Contractor will have no further recourse of
any nature for wrongful termination.
C5.03 TERMINATION FOR CONVENIENCE
In addition to cancellation or termination as otherwise provided for in the Contract, the Town
may at any time, in its sole discretion, with or without cause, terminate the Contract by written
notice to the Contractor. Such Written Notice will state the date upon which Contractor must
cease all Work under the Contract, and if applicable vacate the Project(s) site(s).
Upon receipt of such notice, unless otherwise directed by the Town, the Contractor must Stop all
Work on the date specified in the notice (“the Effective Date”);
1. Take such action as may be necessary for the protection and preservation of the Town’s
materials and property;
2. Cancel all cancelable orders for materials and equipment;
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3. Remove all materials, supplies or equipment that may be used by the Contractor on other
work;
4. Assign to the Town and deliver to the Town, at a site(s) specified by the Town, any non-
cancelable orders for materials and equipment that can not otherwise be used by the
Contactor on other work;
5. Take no action that will increase the amounts payable by the Town under the Contract
Documents; and take reasonable measures to mitigate the Town’s liability under the Contract
Documents; and
6. All documents, including electronic documents, related to Work authorized under the
Contract, whether finished or not, must be turned over to the Town. Failure to timely deliver
the documentation will be cause to withhold any payments due without recourse by
Contractor until all documentation is delivered to the Town.
In the event that the Town exercises its right to terminate the Contract pursuant to the Contrac t
Documents, the Town will pay the Contractor for the actual cost, or the fair and reasonable value,
as substantiated by invoice documentation, of any non-cancelable material(s) and equipment that
cannot be used elsewhere by the Contractor in the performance of its work.
In no event, will any payments under this Paragraph exceed the maximum cost set forth in the
Contract and the amount due hereunder may be offset by payments made to the Contractor or
any claims made against the Contractor. Contractor will not be entitled to lost profits, overhead
or consequential damages as a result of a Termination for Convenience.
C5.04 REMEDIES AVAILABLE TO THE TOWN
The Town may avail itself of each and every remedy stated in the Contract Documents or existing
at law or in equity. The exercise or the beginning of the exercise of one remedy will not be
deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy.
C5.05 FUNDS AVAILABILITY
Funding for this Contract is contingent on the availability of funds and the Contract is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in regulations,
upon thirty (30) days’ notice.
C6 PAYMENT PROCESS
C6.01 COMPENSATION
Contractor can submit an invoice for payment for Work performed once per month for work
completed and acceptance by the Project Manager. Contractor may not invoice more than once
per month.
Contractor must use the Town’s Contractor Payment Application (“Invoice”) for all payment
requests. Failure to use the Invoice form and fully complete the required information will delay
payment. Payments will not be made based on statements of accounts.
The Invoice Form is available on the Town’s website at Town of Miami Lakes - Growing Beautifully
- Invoice (miamilakes-fl.gov).
The Town will take action to pay, reject or make partial payment on an Invoice in accordance with
the Florida Local Government Prompt Payment Act. No payments will be due or payable for Work
not performed or materials not furnished or where the Work has not been accepted by the Town.
If there is a dispute with regard to an invoice, the Town will pay the amount not in dispute and
reject the remainder that is in dispute. Contractor is responsible for paying its Subcontractors and
suppliers in accordance with the Florida Local Government Prompt Payment Act.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
The Contractor will be compensated based on actual Work performed at the prices specified in
the Contract.
The acceptance of final payment for a Project constitutes a waiver of all claims by Contractor
related to that Project, except those previously made in strict accordance with the provisions of
the Contract and identified by Contractor as unsettled at the time of the application for payment.
C6.02 ESTIMATED QUANTITIES
The stated quantities do not reflect the actual quantities to be ordered and the Town has not
established any minimum quantities and no guarantee is expressed or implied as to the total
quantity of Work to be issued to a Contractor. The Town reserves the right, at its sole discretion,
to make adjustment to the number and/or location of the Bid items. The failure of the Town to
order any minimum quantities does not form any basis for a claim by the Contractor for lost work
or profits.
C6.03 LINE-ITEM PRICING
Line-item pricing must include all costs, both direct and indirect to perform the Work except for
those costs specifically identified as reimbursable costs as stated in Article B9.06. This includes
any incidental costs associated with the Work not specifically stated, i.e., the installation of
drainage may require backfill and patching, whether permanent or temporary.
The Bid Form contains line-item prices and the Bidder is required to Bid on all line items. Where
a Bidder fails to provide line-item prices for all line items the Bid will be rejected as non-
responsive.
C6.04 LINE-ITEM QUANTITIES
The estimated quantities will be used solely for bid comparison purposes for the Town to determine
the lowest responsive and responsible. No guarantee is expressed or implied as to the total
quantity of Work to be issued to a Contractor.
C6.05 ADDITIONAL LINE-ITEM PRICING
The Town reserves the right to request price quotes for additional items not contained in the
initial award. Should the Town add any additional line items the Town will do so through the
Change Order process.
C6.06 REIMBURSIBLE EXPENSES
Certain Project expenses may or will not be known at the time of award of a Project. The Town
will reimburse the Contractor for such costs, which includes:
1. Permits
2. Police Officer costs when not provided by the Town
3. WASD fees
4. DERM fees
Where a permit or the Town requires the Contractor to use a police officer(s) during the
performance of the Work the Town will make every effort to furnish police officers at no cost to
the Contractor. Where the Town is not able to provide the required police officers the Town will
reimburse the Contractor based on the actual cost to the Contractor and the cost is not include in
the unit price per item. To be reimbursed the Contractor must submit a copy of documentation
substantiating both the cost as well as proof of payment.
Contractor will only be reimbursed for the actual direct cost, without any mark-up.
END OF SECTION
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
SECTION D. SPECIAL TERMS & CONDITIONS
D1 OVERVIEW
The Town of Miami Lakes requires a licensed Contractor to inspect and repair sidewalk trip
hazards in order to maintain the quality of the Town’s sidewalks and limit the Town’s liability for
trip hazards. When the Town becomes aware of developing trip hazards, the Town will assess
whether the damaged sidewalk flag is so extensive that it merits replacement of the whole flag,
or if the flag can be salvaged through the process of sidewalk grinding. If the flag can be salvaged,
the Town will utilize this Contract to repair trip hazards, returning the sidewalk flag to a safe
condition.
D2 SCOPE OF WORK
The Work consists of the inspection of Town sidewalks and repair of sidewalk trip hazards. Based
on the criteria established by the Town, the Contractor shall visually inspect, pre-identify,
measure, and record sidewalk trip hazards suitable for repairs throughout the project area. The
Contractor shall identify and record sections of sidewalk that meet Town criteria for slab removal
and replacement throughout the project area. After the inspection is complete, and upon
approval of the Town, the Contractor shall repair sidewalk trip hazards identified in order to
achieve a contiguous level surface between slabs. The Contractor must furnish all labor, materials,
equipment, and supervision required for the inspection of sidewalks and repair of sidewalk trip
hazards.
D2.01 SURVEY SPECIFICATIONS
Before any repair work takes place, the Contractor shall survey the zone identified by the Town
that work shall take place in and identify all vertical trip hazards in the project area that have slab
displacements greater than 0.25" that would be candidates for repair. The Contractor shall note
any slab with a displacement of greater than 2" and provide a report of such locations to the Town
for replacement. During the survey, each identified location shall be assigned and marked with a
site number. This number shall also be used to reference each site on the report. After the survey
is complete, a report shall be submitted to the Town for review and approval before any work is to
commence. The report shall include:
• A list of all identified displacements categorized by site number, address, size of displacement,
and estimated cost of repair for each location.
• A list of all identified slabs with displacement in excess of 2” or meeting Town criteria for slab
removal and replacement. Note these locations for the Town to consider for removal and
replacement and provide a report with site number, address, GPS coordinates, and dimensions
(ft) of slab replacement for each location.
• A total number of trip hazards to be addressed and remedied.
• A map with all identified site numbers included in the survey, as well as a KML file of the
locations for Town use.
D2.02 CONCRETE CUTTING SPECIFICATIONS
After the survey, once approval is given by the Town, Contractor shall repair the sidewalk
deviation to achieve a level surface. All equipment used in the process of repairing the sidewalk
must fit on the sidewalk and not overhang the sidewalk which may adversely affect landscaped
areas. Contractor shall not cause damages to landscaping, retaining walls, curbs, sprinkler heads,
utilities, etc., and shall be responsible for repair costs for any damages and restored to their pre-
existing state.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
D2.03 LIMITATIONS
• No storing of equipment or materials on public right-of-way or private property shall be
allowed.
• All sidewalk repairs started in residential areas shall be completed by the end of the same
workday in which they started. Sidewalk repairs through driveways of adjoining business
properties shall be completed within two (2) hours.
• The Town may direct repairs at locations other than construction joints. Repairs directed by
the Town will be paid for at the Contract unit price bid.
• At no time shall the Contractor cause excessive dust – in the sole opinion of the Town – to be
airborne. Any dust created by the repair process must be damped with water or immediately
consumed by a vacuum system. If dust is remediated with water, any and all debris or slurry
created as a result of the process must be cleaned the same day. Slurry must be immediately
contained and will not be permitted to stand on the sidewalk or run into the parkway or
residential property.
• The Contractor shall take precautions during repair operations to not disfigure, scar, impair, or
damage any surrounding surfaces including, but not limited to, sidewalk, driveway, roadway,
steps, walls, railings, light poles, turf, or any public or private installations such as trees,
irrigation, sprinkler heads, electric fences, etc.
• All potential trip hazards marked for repair must be removed in accordance with the American
with Disabilities Act (ADA) requirements with the resulting finish being ADA compliant. Each
offset must be tapered at 1:12 slope and must have smooth uniform appearance and texture.
• The finished result of each repair shall be taken to a zero point of differential settlement along
the entire length of the repair and to both edges of the sidewalk to eliminate the potential for
trip hazards the full width of the sidewalk.
• The Contractor shall have an employee safety plan and shall employ safety procedures that
ensure that bystanders or passersby will not be injured from the implementation of the work.
After completion of repairs, the Contractor shall submit an invoice listing all trip hazard repairs
made in the project area to match the survey. This list should include the survey site number,
address, size of displacement, and final cost of repair for each location, as well as the total number
of trip hazards remedied.
D2.04 METHOD OF MEASUREMENT
Repairs of sidewalks will be measured for payment in inch-feet of sidewalk repaired. The cost of
cleaning each worksite shall be included in the price bid. The quantity of sidewalk repair will be
determined by multiplying the average sidewalk vertical separation height by the length of repair
along the joint on each vertical separation in inch-feet. The Contractor is required to record and
submit, with each invoice, the exact dimensions of each vertical separation removed per location.
Depth shall be measured to the nearest 1/8 inch.
D2.05 LOCATION OF WORK
Work for this Contract shall take place within the corporate limits of the Town of Miami Lakes.
Specific maintenance areas and zones for each Work Order are to be established by the Public
Works Department. Once the Contractor receives approval from the Town to begin work, work
shall be continuous until all work is complete. Any costs incurred for mobilization are considered
incidental to this Contract. This Contract may be terminated at any time for any reason by the
Town. Work will generally cease when all identified locations for survey and repair have been
addressed by the Contractor, or when the Town’s allocated funds have been expended.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
D3 CONTRACT TERM
This Agreement will be effective upon execution by both parties and will continue for a term of
three (3) years from the date of execution. The provisions of this Agreement will remain effective
until all Services required under Work Orders issued under this Agreement have been completed.
The Town, by action of the Town Manager, will have the option to extend the term for two (2)
additional period(s) of one (1) year each, subject to continued satisfactory performance as
determined by the Town Manager, and to the availability and appropriation of funds. In no event
shall the term of this Agreement exceed five (5) years from its commencement date. Town
Commission authorization of this Agreement includes delegation of authority to the Town
Manager to administratively approve said extensions.
D4 COMPENSATION
This work shall be paid for at the Contract unit price per inch-feet for sidewalk repairs. Price shall be
payment in full for all labor, equipment, tools, materials, mobilizations, survey, generation of lists for
mitigated and non-mitigated vertical separations, and all other costs associated with such work as
specified herein. The Town anticipates approximately 10,000 inch-feet to be included in this Contract. This
is in no way a guaranteed minimum or maximum quantity. Actual quantities will be based on field
conditions identified in the survey.
D5 GENERAL REQUIREMENTS
D5.01 HURRICANE PREPAREDNESS
During such periods of time as are designated by the United States Weather Bureau or Miami
Dade County as being a severe weather event, including a hurricane watch or warning, the
Contractor, at no cost to the Town, must take all precautions necessary to secure any Work in
response to all threatened storm events, regardless of whether the Contractor has given notice
of same, in accordance with the Miami-Dade County Code.
Compliance with any specific severe weather event or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether the
Town has directed such suspension, will entitle the Contractor to additional Contract time as non-
compensable, Excusable Delay, and will not give rise to a claim for compensable delay.
D5.02 INSPECTION OF THE WORK
The Project Manager, other Town representatives, and inspectors representing the Town and
other public entities having jurisdiction over the Work must at all times have access to the Work
Should the Contract Documents, or any laws, ordinances, or any public authority require any of
the Work to be tested, Contractor must provide timely notice of readiness of the Work for testing
and timely notice must be given of the date fixed for such testing so that the appropriate
representatives of the Town, DERM, or other entities can be present for such testing. Contractor
will be responsible for making arrangements for all tests and for all associated costs for all
required testing. The original copies of all testing reports are to be sent directly to the Project
Manager by the testing firm, with a copy to the Contractor.
The Town, at its sole discretion may conduct testing in addition to the required testing. In such
instances the Town will pay all testing costs unless the tests determine that the material, Work,
or equipment is not compliant with the requirements of the Contract Documents. In such
instances the Contractor must reimburse the Town for all incurred testing costs and the
Contractor will be responsible for any costs associated with re-testing to ensure compliance.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Inspectors have no authority to permit deviations from, or to relax any of the provisions of the
Contract Documents or to delay the Work by failure to inspect the materials and Work with
reasonable promptness without the written permission or instruction of Project Manager
D5.03 UNCOVERING FINISHED WORK
The Project Manager’s right to make inspections includes the right to order the Contractor to
uncover or take down portions of finished Work. The Project Manager will notify the Contractor
in writing concerning all uncovered finished Work. Should the Work prove to be in accordance
with the Contract, the uncovering or taking down and the replacing and the restoration of the
parts removed will be treated as additional Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove unsatisfactory, such
uncovering, taking down, replacing and restoration will be at the expense of the Contractor. Such
expenses will also include repayment to the Town for any and all expenses or costs incurred by it,
including employee salaries or related cost, in connection with such uncovering, taking down,
replacing and restoration at the Project site.
D6 PRELIMINARY STEPS
D6.01 CONTRACTOR’S PRE-START REPRESENTATION
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, Work, location of the
Work, all local conditions, and any federal, state, county, and local laws, ordinances, rules, and
regulations that may, in any manner, affect performance of the Work, and represents that it has
combined its inspections and observations with the requirements of the Contract Documents.
Contractor further represents that it has studied all surveys, document, and reports of including
those of any subsurface and latent physical conditions referred to in the specifications and made
such additional inspections and investigations as it deems necessary for the performance of the
Work and that he has coordinated the results of all such data, inspections, and investigations with
the requirements of the Contract Documents.
D6.02 PRE-CONSTRUCTION CONFERENCE
Within fourteen (14) calendar days after Contractor execution of the Contract by the Town, and
before any Work is performed at the Project site, a pre-construction conference will be held. Prior
to this meeting the Contractor should have submitted its Project Schedule and Schedule of Values
so they and other details of the project can be discussed.
D6.03 PROJECT SCHEDULE
Contractor must submit a proposed Project schedule as follows:
1. Schedule identifying the schedule for each location. The proposed Project schedule must
be submitted within ten (10) calendar days of the Notice of Award and such submittal will
be subject to the Project Manager’s review. Subsequent to such review of said schedule
the Contractor will establish said schedule as the baseline schedule.
2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule against the baseline
must also be submitted upon execution of each change order that impacts the Contract
Documents Time for completion. Failure to submit such schedules will result in the
rejection of any submitted payment application.
3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier unless
otherwise approved by the Project Manager. At the time of submission of schedules,
Contractor must submit a hard copy as well as an electronic version. Electronic versions
must not be submitted in a .pdf format.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
In addition to the Project Schedule the Contractor must provide a two (2) week look-ahead
schedule that reflects the Work to be performed during the two (2) week period. The look-ahead
schedule must be provided to the Project Manager and Consultant every other Thursday prior to
the start of the two-week period. This schedule will, at a minimum, include the area(s) where
Work is to be performed and the Work to be performed in the area(s).
D6.04 SCHEDULE OF VALUES
The Contractor must submit two copies of a Schedule of Values, which must be submitted within
ten (10) calendar days of the issuance of the Notice of Award. The Schedule of Values shall indicate
a complete breakdown of labor and material of all categories of Work on the Project. Contractor’s
overhead and profit should be listed as separate line items. Each line item must be identified with
the number and title of the major specification section or major com ponents of the items. The
Project Manager may require further breakdown after review of the Contractor’s submittal. The
Town reserves the right to require such information from the Contractor as may be necessary to
determine the accuracy of the Schedule of Values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract.
The accepted Schedule of Values must be incorporated into the Contractor’s payment application
form.
D6.05 CONSTRUCTION PHOTOGRAPHS
Prior to commencement of the Work the Contractor must take digital photographs and color
audio-video recording to document existing conditions and submit copies in an acceptable format
to the Town prior to commencement of the Work. Contractor must submit with each application
for payment photographs that accurately reflect the progress of all aspects of the Work. The
number of photographs to be taken will be based on the magnitude of the Work being performed.
Contractor must submit one copy of each photograph in print and digitally. The photographs must
be printed on 8” X 10” high resolution glossy commercial grade and weight color photographic
print paper or in a format acceptable to the Town. Each photograph must be imprinted on its face
with the title of the Project, the date, and time the picture was taken. Digital photographs must
be taken using .jpeg format and will be submitted on a flash drive clearly identifying the name of
the Project, the name of the Contractor, and the timeframe in which the pictures were taken.
Initial set up prints will be submitted in a three-ring binder with each picture protected by a clear
plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to
the binder. The three-ring binder must be of such size to be able to hold all print pictures.
D6.06 STAGING SITE
The Contractor is solely responsible for making all arrangements for any staging site(s) that may
be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and
materials. Any fencing of the Staging Site is subject to the prior written approval of the Project
Manager.
The Town at its sole discretion may make a staging site available for use by the Contractor. If such
site is made available by the Town, the Town assumes no responsibility or liability, and the
Contractor will be responsible for any loss, damage or theft to its equipment and materials. The
Contractor is also responsible for restoring the site to its pre-existing condition prior to the
Contractor’s use of the site.
The Contractor may be required to provide or may choose to use an office trailer for the duration
of the Project. The Project Manager will authorize the use of any office trailer and the placement
location for the office trailer. The Contractor must obtain all required permits from the
appropriate regulatory agencies.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
No parking is permitted in the Staging Site without the prior written approval of the Project
Manager.
D6.07 PROJECT SIGNAGE
Contractor must furnish and install two (2) Project signs at the Project Site in accordance with the
requirements provided by the Project Manager.
D6.08 COORDINATION WITH TOWN RESIDENTS
Contractor will, be responsible to provide written notification to the Town residents impacted by
the Work at least seven (7) days prior to the commencement of the Work. Notification shall be
made using a flyer, in a format acceptable to the Project Manager, and must be delivered by mail
or by personal delivery. Contractor must maintain a record of the date(s) of notification and
provide such information to the Project Manager. Contractor must not commence Work until
notification to residents is provided in a manner acceptable to the Town. Contractor must also
coordinate with the residents all Work that impacts residents’ driveway approaches. Additionally,
the Contractor may be required to attend resident informational meetings.
D7 SITE ISSUES
D7.01 SITE INVESTIGATION AND REPRESENTATION
It is the responsibility of the Contractor to satisfy itself as to the nature and location(s) of the Work
prior to commencement of Work on the site, the general and local conditions, particularly those
bearing upon availability of installation, transportation, disposal, handling and storage of
materials, and all other matters which can in any way affect the Work or the cost thereof under
the Contract Documents.
Work site(s) may have existing utilities, such as, but not limited to, irrigation, phone, water, and
sewer, CATV, traffic signals, electrical, and storm sewer. Known utilities and structures adjacent
to or encountered in the Work will be shown on the Drawings. The locations shown are taken
from existing records and the best information available from existing plans and utility
investigations; however, it is expected that there may be some discrepancies and omissions in the
locations and quantities of utilities and structures shown. Those shown are for the convenience
of the Contractor only, and no responsibility is assumed by the Town for their accuracy or
completeness. No request for additional compensation or Contract time resulting from
encountering utilities not shown will be considered.
It is the responsibility of the Contractor to verify the location of all such utilities, structures, etc.,
by hand excavation or other appropriate measures before performing any Work. The Contractor
must call Sunshine State One Call of Florida, Inc., and other appropriate agencies, as applicable,
prior to the commencement of any excavation or digging to determine the locations of existing
utilities prior to the commencement of any Work. The Contractor is responsible for any and all
claims resulting from the damage caused to any utilities, identified or not.
Should the Contractor identify any utilities, structures, etc., which will or may be encountered
during the performance of the Work, the Town must be consulted immediately in order for a
decision to be made on the potential relocation or other action(s) to be taken as it relates to the
work.
Should the Town direct the Contractor to relocate any utilities that would be impacted by any
Work then the Town will compensate the Contractor for such relocation in accordance with the
Change Order provisions of the Contract.
The Contractor will not purposefully disrupt or disconnect any type of utility whatsoever without
first obtaining the prior written approval of the Town or applicable utility owner. Requests for
any disconnection, including those required of other utilities, must be in writing and received by
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
the Town at least seventy-two (72) hours prior to the time of the requested interruption. The
Town may require that the Contractor notify, in writing, any property owners to be impacted by
service interruptions to their utilities.
Any failure by the Contractor to familiarize itself with any utilities that may impact the
performance of the Work will not relieve Contractor from responsibility for properly estimating
the difficulty or cost of performing the Work and will not entitle the Contractor to any additional
compensation.
D7.02 METHOD OF PERFORMING THE WORK
The apparent silence of the Contract Documents as to any detail, or the apparent om ission from
them of a detailed description concerning any Work to be done and materials to be furnished, will
be regarded as meaning that only the best general practice is to prevail and that only material
and workmanship of the best quality is to be used, and interpretation of the Contract Documents
will be made upon that basis.
The Contractor must comply with the manufacturer’s requirements for the handling, delivery and
storage of all equipment and materials. Contractor must inspect all equipment and materials
immediately prior to installation and must not install any damaged or defective items.
Contractor must comply with the manufacturer’s applicable instructions and recommendations
for the performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents.
The Contractor must familiarize itself with normal Town operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager.
The Work to be performed must be done in such a manner so as not to interfere with the normal
Town operations. The manner in which the Work is performed will be subject to the approval of
the Project Manager, whom, if necessary, will have the authority to require changes in the manner
in which the Work is performed. There must be no obstruction of Town services without the prior
written approval of the Project Manager. All requests for such interruption or obstruction must
be given in writing to the Project Manager twenty-four (24) hours in advance of the interruption
of Town operations.
If the Project Manager or Consultant reasonably determines the rate of progress of the Work is
not such as to ensure its completion within the designated completion time, or if, in the opinion
of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously
or is not performing all or any part of the Work according to the Project schedule accepted by or
determined by the Project Manager, the Project Manager will have the right to order the
Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve
its performance in accordance with the schedule to ensure completion of the Project within the
specified time. The Contractor must immediately comply with such orders at no additional cost
to the Town. (3) The Town at its sole option may also have Work performed by a third-party
contractor and deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles must not be loaded
beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or
local law(s). When it is necessary to cross curbing or sidewalks, protection against damage must
be provided by the Contractor and any damaged curbing, drainage, grass areas, sidewalks or other
areas must be repaired at the expense of the Contractor to the satisfaction of the Project
Manager.
Contractor is responsible to control dust and preventing it from becoming a public nuisance or
causing off-site damage. Contractor must take all necessary and prudent measure to control dust.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
Depending on the nature of the Work the Project Manager may require a staging plan be
submitted to and approved by the Project Manager prior to the start of construction and issuance
of the Notice to Proceed. Such staging plan must be revised and resubmitted as necessary during
construction.
D7.03 DIFFERING SITE CONDITIONS
In the event that during the course of the Work on a Project the Contractor encounters subsurface
or concealed conditions at the Project site which differ materially from those shown in the
Contract Documents, and from those ordinarily encountered and generally recognized as inherent
in work of the character called for in the Contract Documents, Contractor, without disturbing the
conditions and before performing any Work affected by such conditions, must, within twenty-
four (24) hours of its discovery, notify the Project Manager and/or Consultant in writing of the
existence of the aforesaid conditions. Project Manager or the Consultant must, within two (2)
business days after receipt of Contractor's written notice, investigate the site conditions identified
by Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do
materially so differ and cause an increase or decrease in Contractor's cost of, or the time required
for, the performance of any part of the Work, whether or not charged as a result of the conditions,
Project Manager or Consultant will recommend an equitable adjustment to cost of the Work or
the time to complete the Work, or both. If the Project Manager and Contractor cannot agree on
an adjustment in the Contract Price and/or Contract Time, the adjustment will be referred to the
Town’s Procurement Manager for determination. Should the Town’s Procurement Manager
determine that the conditions of the Project site are not so materially different to justify a change
in the terms of the Contract Documents, the Procurement Manager will so notify the Project
Manager, Consultant, and Contractor in writing, stating the reasons, and such determination will
be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision will be allowed unless Contractor has given written notice in strict accordance with the
provisions of this Article. No request for an equitable adjustment or change to the Contract Price
or Contract Time for differing site conditions will be allowed if made after the date certified by
Consultant or Project Manager as the date of substantial completion.
D7.04 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC
The Contractor must continuously maintain adequate protection of all its Work from all losses or
damage and must protect public and private property, and utilities from injury or loss arising in
connection with the Work, and take all necessary precautions to prevent accidents, injuries, or
damage to persons or property on or near the Work.
Contractor is solely responsible to restore all areas impacted by the Work, including but not
limited to swale areas, existing structures, driveways and approaches, landscaping, drainage, and
lighting to pre-existing conditions to the satisfaction of the Project Manager.
D7.05 CONTRACTOR’S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE
Where the Contractor’s operations could cause damage or inconvenience to telephone, fiber
optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor must
make all arrangements necessary for the protection of these utilities and services or any other
known utilities.
Notify all utility companies that are affected by the construction operation at least forty-eight (48)
hours in advance. Under no circumstance will expose any utility without first obtaining permission
from the appropriate agency. Once permission has been granted, locate, expose, and provide
temporary support for all existing underground utilities and utility poles where necessary.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
The Contractor and its Subcontractors will be solely and directly responsible to the owner and
operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits,
actions, or claims of any character brought because of any injuries or damage which may result
from the construction operations under the Contract Documents.
Neither the Town nor its officers or agents will be responsible to the Contractor for damages as a
result of the Contractor’s failure to protect property encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a
result of accidental breakage due to construction operations, Contractor must promptly notify
the owner, any required regulatory authority, and the Project Manager. Cooperate with said
authority in restoration of service as promptly as possible and bear all costs of repair and any
required interim measures to ensure safety. In no event will interruption of any utility service be
allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the
service with similar and equal materials at the Contractor’s expense and as approved by the
Project Manager.
Replace, with material approved by the Project Manager or Consultant, at Contractor’s expense,
any and all other laterals, existing utilities or structures removed or damaged during construction,
unless otherwise provided for in the Contract Documents and as approved by the Project Manager
or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor’s expense,
any existing utilities damaged during the Work.
D7.06 ACCESS TO WATER AND UTILITIES
The Contractor is responsible for providing all water and power required for the performance of
the Work, including the use of a generator. The use of a generator may be subject to the prior
approval of the Town’s representative should the Work be in a primarily residential
neighborhood. Electrical power required during construction shall be installed by a qualified
electrical contractor approved by the Project Manager.
The Town may at its sole discretion provide access to Town utilities or water should such be
available at the Work site. However, the Contractor is responsible to ascertain the location and
accessibility of any utilities and potable water sources necessary to perform the Work.
D7.07 COORDINATION OF THE WORK
Prior to the commencement of the Work, the Project Manager will make every effort, based on
available information, to notify the Contractor of any ongoing or scheduled project(s) that will be
ongoing or commence during the Work on a Project that may require coordination. The
Contractor will be solely responsible for coordinating the Work with any other project(s) to
minimize any potential adverse impact. Contractor will not be entitled to any days of delay for
failure to properly coordinate the Work. The Project Manager may assist the Contractor in
coordinating the Work. However, any such assistance, or lack thereof will not form the basis for
any claim for delay or increased cost.
If any part of Contractor’s Work depends for proper execution or results upon the work of any
other persons, Contractor must inspect and promptly report to Project Manager any defects in
such work that render it unsuitable for such proper execution and results. Contractor’s failure to
so inspect and report will constitute an acceptance of the other person's work as fit and proper
for the reception of Contractor’s Work, except as to defects which may develop in other
contractor's work after the execution of Contractor’s Work.
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Contractor must conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor on the
site. Should such interference or impact occur, Contractor will be liable to the affected contractor
for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor must inspect the Work already
in place and must at once report to Project Manager any discrepancy between the executed Work
and the requirements of the Contract Documents.
D7.08 ACCESS TO THE PROJECT SITE(S)
Town will provide the lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by Town for the use of
Contractor.
Contractor must provide, at Contractor’s own expense and without liability to the Town, any
additional land and access thereto that may be required for temporary construction facilities, or
for storage of materials. Contractor must furnish to the Town copies of written permission
obtained by Contractor from the owners of such facilities.
D7.09 CLEANING UP; TOWN’S RIGHT TO CLEAN UP
Contractor must at all times keep the Work site(s) free from accumulation of excess materials,
waste materials or rubbish caused by its operations. At the completion of Work at a work site(s),
Contractor must remove all its excess materials, waste materials and rubbish from and about the
Project(s) as well as any tools, equipment, machinery and surplus materials or supplies. If
Contractor fails to clean up during the performance of the Work or at the completion of the Work,
Town may do so, and the cost incurred will be charged to the Contractor. Any combustible waste
materials must be removed from the work site(s) at the end of each day.
Should the Contractor leave any open trenches at any time that Work is not being performed, the
Town may have the open trenches covered and deduct any cost incurred from any outstanding
payments due or to become due to the Contractor. The Town may also invoice the Contractor for
all costs incurred in mitigating any open trenches.
D7.10 SANITARY PROVISIONS
The Contractor must provide on-site all necessary toilet conveniences, secluded from public
observation, for use of all personnel on the Work, whether or not in its employ. Contractor must
be kept in a clean and sanitary condition and must comply with the requirements and regulations
of the public authorities having jurisdiction. Contractor must commit no public nuisance. Sanitary
facilities must be removed by the Contractor at its own expense upon completion of the Work,
and the premises must be left clean.
D7.11 MAINTENANCE OF TRAFFIC
Maintenance of Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index
Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises
for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the
design, application, installation, maintenance and removal of all traffic control devices, warning
devices and barriers necessary to protect the public and workmen from hazards with the Project
limits. Pedestrian and vehicular traffic must be maintained and protected at all times.
Prior to commencement of the Work Contractor must provide the Project Manager with the
proposed MOT plan for review. The Project Manager may require revisions to the proposed MOT
plan. The MOT plan must be updated by the Contractor every two weeks.
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Failure by the Contractor to comply with the Maintenance of Traffic requirements will result in
the Town issuing a stop work order until corrective action is taken. The Contractor will not be
entitled to any additional time resulting in any delays due to issuance of a stop work order.
1.01-1(a) WORK IN STREET, HIGHWAY, & OTHER RIGHTS-OF-WAY
Excavation, grading, fill, storm drainage, paving and any other construction or installations in
rights-of-way of streets, highways, public carrier lines, utility lines either aerial, surface, or
subsurface, etc., must be done in accordance with requirements of the Contract Documents or, if
not mentioned, must be restored to their original condition or better. All Work performed is
subject to the approval of the Project Manager.
D8 SAFETY ISSUES
D8.01 SAFETY PRECAUTIONS
Contractor is solely responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Contractor must take all necessary precautions for
the safety of, and must provide the necessary protection to prevent damage, injury, or loss to:
1. All employees on the Project site and other persons who may be affected thereby;
2. All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project site; and
3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
The Contractor must take all necessary precautions for the safety of employees in the
performance of the Work on, about or adjacent to the premises, and must comply with all
applicable provisions of Federal, State, and local laws, including, but not limited to the
requirements of the Occupational Safety and Health Act of 1970, and amendments thereto, to
prevent accidents or injury to persons on, about or adjacent to the premises where the Work is
being performed. Contractor must notify owners of adjacent property and utilities when
prosecution of the Work may affect them.
The Contractor must comply with the OSHA “Federal Right to Know” Regulation, 29 CFR 1910,
1915, 1917, 1918, and 1926, regarding informing employees of toxic substances in the workplace,
providing training, and emergency procedures.
Contractor must adhere to applicable environmental protection guidelines for the duration of the
Work. The Contractor must comply with all codes, ordinances, rules, orders, and other legal
requirements of public authorities (including OSHA, EPA, DERM, the Town, Miami-Dade County,
State of Florida), which bear on the performance of the Work
All open trenches or holes must be properly marked and barricaded to assure the safety of both
vehicular and pedestrian traffic. No open trenches or holes are to be left open during night-time
or non-working hours without the prior written approval of the Project Manager.
The Contractor must provide such equipment and facilities as are necessary or required, in the
case of accidents, for first aid service to person who may be injured during the Project(s) duration.
Contractor's duties and responsibilities for the safety and protection of the Work must continue
until such time as all the completion of the Contract.
D8.02 TRENCH SAFETY ACT
Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, "Trench Safety Act", any person
submitting a Bid is required to comply with the requirements of the FLORIDA TRENCH SAFETY ACT
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(90-96, LAWS OF FLORIDA), Where a Project requires trenching the Contractor must complete the
Trench Safety Act Form (“Form”) and return the Form to the Project Manager before commencing
any Work. Failure to submit said Form will result in the Contractor not being able to proceed with
the Work and potentially be in default of its Contract.
Any costs identified on the Form are not a pay item. The purpose of this form is to gather
information on the costs associated with trench safety measures and to ensure that the Bidder
has considered these costs and included them in its Bid prices. Failure to complete this form may
result in the Bid being declared non-responsive.
D8.03 MATERIAL SAFETY DATA SHEETS
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03
of the Florida Administrative Code delivered as a part of the Project must be accompanied by a
Material Safety Data Sheet (MSDS) which must be obtained from the manufacturer. The MSDS
must include the following information:
1. The chemical name and the common name of the substance.
2. The hazards or other risks in the use of the substance, including:
a. The potential for fire, explosion, corrosion, and reaction;
b. The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure
to the substance; and
c. The primary routes of entry and symptoms of overexposure.
3. The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use of or exposure to the substances, including
appropriate emergency treatment in case of overexposure.
4. The emergency procedure for spills, fire, disposal, and first aid.
5. A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
D9 PLANS, DOCUMENTS, & RECORDS
D9.01 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, & DATA
Contractor must verify all dimensions, quantities and details shown on any plans, specifications
or other data received from Project Manager and must notify the Project Manager of all errors,
omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor
will not be allowed to take advantage of any error, omission or discrepancy, as full instructions
will be furnished to the Project Manager. Contractor will not be liable for damages resulting from
errors, omissions, or discrepancies in the Contract Documents unless Contractor recognized such
error, omission or discrepancy and knowingly failed to report it to Project Manager.
D9.02 SHOP DRAWINGS AND SUBMITTALS
Contractor is required to submit shop drawings, sketches, samples, or product data as required
by the Contract Documents.
Contractor is responsible to submit such documents or samples in a timely manner for review by
the Project Manager or Consultant. Shop Drawings are to be complete in every detail and clearly
identify any deviation from what is required by the Contract Documents. It is the responsibility
of the Contractor to submit sufficient information to allow the Project Manager and/or Consultant
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to properly evaluate and accept the submittal or shop drawing. Receipt of the shop drawings or
submittals does not constitute acceptance
Incomplete or partial submittals will not be reviewed. All shop drawings for components of a
system must be submitted together for them to be reviewed.
Where professional calculations or certification of performance criteria of materials, systems, and
or equipment are required, the Project Manager or Consultant are entitled to rely upon the
accuracy and completeness of such calculations and certifications submitted by the Contractor.
Calculations, when required, must be submitted in a neat clear and easy format to follow.
Contractor is solely responsible for the accuracy of all shop drawings and submittals and any
approval by Project Manager will in no way relieve the Contractor from said responsibility for full
compliance with the Contract Documents.
D9.03 TOWN FURNISHED DRAWINGS, SUPPLEMENTAL DRAWINGS, & INSTRUCTIONS
The Town, in its sole discretion, may furnish design drawings. It is the sole responsibility of the
Contractor to bring to the immediate attention of the Project Manager any discrepancies between
the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior
to commencing and during the Work. The Contractor is solely responsible for verifying the
accuracy of the drawings prior to commencing the Work and is responsible for any errors or
revisions of the Work, which might have been avoided by notifying the Town prior to
commencement. This also applies to any revisions or omissions identified by the Contractor. The
Contractor must submit all requests for information entitled Request for Information (RFI).
During the performance of the Work, should any errors, omissions, conflicts, ambiguities, or
discrepancies be found in the drawings and/or specifications, the Project Manager or the
Consultant will clarify in writing the intent of the drawings and the Contractor agrees to abide by
the Project Manager’s interpretation and perform the Work in accordance with the decision of
the Project Manager. In such event, the Contractor will be held to have included in its Contract
Price the best materials suitable for the purpose and methods of construction.
The Contractor will have no basis for any claim for additional costs resulting from their failure to
identify any required revisions, omissions, or errors, not identified in writing to the Project
Manager prior to commencing the Work.
The Project Manager and Consultant has the right to approve and issue supplemental drawings
and instructions setting forth written orders, instructions, or interpretations, provided such
Supplemental drawings or instructions involve no change in the Contract price or this Contract
time, unless a Change Order is issued in accordance with the Contract Documents.
D9.04 AS-BUILT DRAWINGS
During the Work, Contractor must maintain records of all deviations from the Drawings as
approved by the Project Manager or Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction
to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to
check the As-Built Drawings for errors and omissions prior to submittal to the Town and to certify
in writing that the As-Built Record Drawings are correct and accurate, including the actual location
of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size,
depth, and voltage in each conduit.
To record actual construction, Contractor must legibly mark on-site structures and site Work as
follows:
1. Depths of various elements of foundation in relation to finish first floor datum.
2. All underground piping and ductwork with elevations and dimensions and locations of
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valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of
underground utilities and appurtenances are referenced to permanent surface
improvements. Actual installed pipe material, class, etc.
3. Location of internal utilities and appurtenances concealed in the construction, referenced
to visible and accessible features of the structure. Air conditioning ducts with locations
of dampers, access doors, fans and other items needing periodic maintenance.
4. Field changes in dimensions and details.
5. Changes made by Project Manager’s or Consultant’s written instructions or by Change
Order.
6. Details not on original Contract Drawings.
7. Equipment, conduit, electrical panel locations.
8. Project Manager’s or Consultant’s schedule changes according to Contractor’s records
and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
1. Manufacturer, trade name, catalog number and Supplier of each product and item of
equipment actually installed.
2. Changes made by Project Manager’s or Consultant’s written instructions or by Change
Order.
Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical
system, and instrumentation system.
As-built documents must be updated monthly as a condition precedent to payment. A final survey
signed and sealed by a surveyor must be provided to the Town at no additional cost, including
digital l (CAD and PDF) versions.
For construction of new building, or building additions, field improvements, and or roadway
improvements as-built drawings must be signed and sealed by a Florida Licensed Registered Land
Surveyor.
D9.05 RECORD SET
Contractor must maintain in a safe place one record copy and one permit set of the Contract
Documents, including, but not limited to, all Drawings, Specifications, amendments, Change
Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by
the Project Manager, in good order and annotated to show all changes made during construction.
The record documents must be continuously updated by Contractor throughout the prosecution
of the Work to accurately reflect all field changes that are made to adapt the Work to field
conditions, changes resulting from Change Orders, Construction Change Directives, and Field
Directives as well as all written interpretations and clarifications, and all concealed and buried
installations of piping, conduit, and utility services. Contractor must certify the accuracy of the
updated record documents. The record documents must be clean, and all changes, corrections
and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as
a condition precedent to Contractor’s entitlement to final payment, the Record Set must be
delivered to the Project Manager by the Contractor. The Record Set of Drawing must be
submitted in both hard copy and as electronic plot files.
D10 CONTRACTOR RESPONSIBILITIES
D10.01 LABOR & MATERIALS
Unless otherwise provided herein, Contractor must provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation and other facilities and services necessary for the
proper execution and completion of the Work. All materials must be new unless otherwise
specified in the Contract Documents.
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The Contractor will provide competent, suitably qualified personnel to lay out the work and
perform construction as required by the Contract Documents. He will at all times maintain good
discipline and order at the site.
Minimal Disturbance
All Work done by the Contractor, or any Subcontractor must be done with minimal disturbance
to the residents of the Town. The noise level must be kept at reasonable levels. All Contractor
personnel and Subcontractors must demonstrate and maintain a courteous and responsible
demeanor toward all persons while conducting business in the Town. The Town reserves the right
to require the Contractor to permanently remove personnel from Work under the Contract that
fail to comply with the requirements of this section.
D10.02 SUPERVISIONS OF THE WORK
Contractor is responsible for all Project management, including any and all subcontracts necessary
to ensure that the Work is performed in accordance with the Contract. Project Management
includes, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the
securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply
with the requirements of the Contract; performing the Work in accordance with the Contract to
the satisfaction of the Project Manager; paying all subcontractors; obtaining release of
liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion, as
applicable.
Contractor must have a competent English-speaking supervisor (“Supervisor”) who will represent
the Contractor in the field and all directions given to the Supervisor will be as binding as if given
to Contractor. Contractor will provide properly licensed personnel where such personnel are
required by any rule, regulations, or law. Contractor and the Supervisor will give efficient and
sufficient supervision to the Work, using their best skill and attention to ensure the Work is
performed in accordance with the Contract Documents.
The Project Manager and the Contractor as necessary during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor must publish, keep,
and distribute minutes and any comments thereto of each such meeting.
D10.03 RELEASE OF LIENS/SUBCONTRACTOR’S STATEMENT OF SATISFACTION
The Contractor warrants and guarantees that title to all Work, materials and equipment covered
by an Invoice, whether incorporated in the Project or not, will pass to the Town upon the receipt
of payment by the Contractor, free and clear of all liens, claims, security interests or
encumbrances and that no Work, materials or equipment will have been acquired by the
Contractor or by any other person performing Work at the site or furnishing materials and
equipment for the Project, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor by a
Subcontractor or supplier or any other interested party.
The Contractor must, starting with the second (2nd) Invoice, provide the Project Manager with
completed Partial or Final Releases of Lien/Subcontractor's Statement of Satisfaction Form for the
Project. As an option the Contractor may also submits a Consent of Surety if a payment bond has
been provided, authorizing the release of payment by the Surety. Failure to submit such
documentation will result in rejection of the Invoice. The Contractor must use the Town’s forms,
which are available at the hyperlink provided in Article B9.01.
Conditional Release of Liens are not accepted by the Town.
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D10.04 PROGRESS PAYMENTS
Contractor may make application for payment for Work completed during the Project at intervals
of not more than one invoice per month or upon completion and Final Acceptance of the Work.
Contractor will be paid based on the line-item breakdown, contained in the Bid Form, with
payments based on actual Work performed. All applications shall be submitted in triplicate and
the Contractor shall only use the Town’s Contractor Payment Application Form or an invoice
format approved by the Town. Supporting evidence to be included with any application for
payment shall include, but is not limited to, an updated Project Schedule as required by Article
B2.03 and a partial or final release of liens or consent of Surety relative to the Work, which is the
subject of the application for payment and any other information required by the Pro ject
Manager. Each application for payment shall be submitted in duplicate for approval.
The Town shall not pay more than five (5%) of the Total Contract price as mobilization should a
schedule of values be required of the contractor
Town may withhold, in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
1. Defective Work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of claims by other parties
against Contractor or Town because of Contractor's performance.
3. Failure of Contractor to make payments properly to Subcontractors or for material or
labor.
4. Damage to another contractor not remedied.
5. Liquidated damages and costs incurred by Town and/or Consultant for extended
construction administration.
6. Failure of Contractor to provide any and all documents required by the Contract
Documents.
Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s)
or another location, subject to the sole discretion and approval of the Project Manager. Where a
payment request is made for materials or equipment not incorporated in the Project but delivered
and suitably stored at the site or at some other location agreed upon in writing, the written
documentation must be submitted at the time of request for payment. Payment shall be
conditioned upon submission by the Contractor of paid invoices and an executed Material
Purchased/Stored On-Premises form to establish the Town’s title to such materials or equipment,
or otherwise protect the Town’s interest, including applicable insurance in the name of Town and
transportation to the Project site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or loss for any reason.
D10.05 OWNERSHIP OF THE WORK
The Contractor is solely responsible for all Work, until Final Completion of the Work. Contractor
is liable for all damage, theft, maintenance, and safety until such time as the Town issues a notice
of Final Completion.
D11 LIQUIDATED DAMAGES
The Contractor is obligated and guarantees to obtain final completion of projects within the
timeframes
established in the Contract, the Work Order, or any approved extension of time the Contractor
may be
granted by the Town. In the event of a delay in completion beyond the date established in the
Contract
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or Work Order, the Contractor must pay to the Town for each and every calendar day of
unexcused delay, which is hereby agreed upon not as a penalty but as liquidated damages. The
per diem amount to be paid in liquidated damages shall be stated in each Work Order as
applicable. The Contractor will be notified of any exceptions. The total amount of liquidated
damages will not exceed the value of the Work Order.
The Town has the right to deduct liquidated damages assessments from any payment due or
which may thereafter become due to the Contractor under any contract the Contractor has with
the Town. In case the amount available under contracts the Contractor has with the Town is less
than the amount of liquidated damages due the Town, the Contractor must pay the difference
upon demand by the Town. Should the Contractor fail to compensate the Town for any liquidated
damages, the Town will consider this as a form of indebtedness and may deny any future Work
under the Contract or any other Town contract until such indebtedness is paid in full to the Town.
The Town will notify the Contractor in writing that it is incurring liquidated damages.
D12 REQUESTS FOR INFORMATION
The Contractor must submit a Request for Information (“RFI”) where the Contractor believes that
the Contract Document’s specifications are unclear or conflict. All requests must be submitted in
a manner that clearly identifies the specification section or drawing detail, if furnished, where
clarification or interpretation is being requested. As part of the RFI, Contractor must include its
recommendation for resolution. The Town must respond in writing.
The RFI process is not intended to be used to correct defective Work performed by the Contractor.
Solutions to correct defective Work, including means and methods are the sole responsibility of
the Contractor. Should the RFI process be utilized to correct defective Work, the Contractor may
be required to reimburse the Town for any costs incurred by the Town in responding to the RFI.
Such reimbursements will be taken as a deduction against any payments due the Contractor.
D13 WARRANTY
Contractor warrants to the Town that all materials and equipment furnished under the Contract
will be new unless otherwise specified and that all of the Work will be of good quality, free from
faults and defects and in conformance with the Contract Documents. All Work not conforming to
these requirements, including substitutions not properly approved and authorized, may be
considered defective. If required by the Project Manager, the Contractor must furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited by
any other provisions within the Contract Documents.
All Work must have a one (1) year warranty on labor from the date of acceptance of the Work by
the Town. Contractor must provide a minimum written warranty of one (1) year on all equipment,
parts, or material unless the manufacturer provides a longer warranty. Where the manufacturer
of the equipment, parts, or material provides a warranty greater than one (1) year, or the time
frame stipulated then the manufacturer’s warranty term will take precedence. Contractor will be
required to provide the Project Manager with a copy of the manufacturer’s warranty prior to the
Town issuing final payment. Manufacturer’s warranties will become effective upon Final
Completion of the Project.
All material and equipment furnished must be fully guaranteed by the Contractor against factory
defects and workmanship. At no expense to the Town, the Contractor will correct any and all
apparent and latent defects that may occur within the manufacturer’s standard warranty. The
Contract Documents may supersede the manufacturer’s standard warranty. Manufacturer’s
warranties will become effective upon Final Completion of the Project.
Should the Contractor fail to perform any required warranty work the Town, at its sole discretion,
may have the work performed by others, and deduct such costs from any monies due to the
Contractor from the Town. Where such funds are not available, the Town will bill the Contractor
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and Contractor will reimburse the Town within thirty (30) calendar days. The Town may take any
necessary and appropriate action provided under this Contract or with law to collect such
payment due the Town.
D14 SUBSTANTIAL COMPLETION, PUNCHLIST & FINAL COMPLETION
The Work will be substantially complete when the Project Manager, in the reasonable exercise of
his/her discretion determines that the Work is complete and there are no material or substantial
variations from the Contract and the Work is fit for its intended purpose. Upon Substantial
Completion, the Project Manager and the Contractor will sign the Substantial Completion
Inspection Form. The signing of this form does not relieve the Contractor from its obligation to
complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor must
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been achieved. Where the Work requires the Contractor to obtain a
Certificate of Completion no request for Substantial Completion inspection is to be submitted
until the Contractor has obtained the Certificate(s) of Completion. The Project Manager or
Consultant will schedule the date and time for any inspection and notify the Contractor and any
other parties deemed necessary. During this inspection, the Project Substantial Completion
Inspection Form will be completed as necessary. Any remaining Construction Work must be
identified on this form, and it will be known as Punch List Work. The Punch List must be signed by
the Project Manager and the Contractor confirming that the Punch List contains the item(s)
necessary to complete the Work. The failure or refusal of the Contractor to sign the Project
Substantial Completion Inspection Form or Punch List will not relieve the Contractor from
complying with the findings of the Project Substantial Completion Inspection and completing the
Project to the satisfaction of the Town.
The Project Manager or Consultant, and the Contractor will agree on the time reasonably required
to complete all remaining Work included in the Punch List.
Upon Substantial Completion and the receipt and acceptance of any required documentation,
including warranty documents, the Project Manager will determine that a Project has achieved
Final Completion and authorize final payment.
The acceptance of final payment will constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the Contract and identified by
Contractor as unsettled at the time of the application for final payment.
D15 ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager will, within ten (10) calendar days, make an inspection thereof. If
Project Manager find the Work acceptable, the requisite documents have been submitted and
the requirements of the Contract fully satisfied, and all conditions of the permits and regulatory
agencies have been met, a Final Certificate for Payment will be issued by Project Manager, stating
that the requirements of the Contract have been performed and the Work is ready for acceptance
under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor must deliver to the Project
Manager a final release of all liens arising out of the Contract, receipts in full in lieu thereof; an
affidavit certifying that all suppliers and subcontractors have been paid in full and that all other
indebtedness connected with the Work has been paid, and a consent of the surety to final
payment; the final corrected as-built drawings; operations and maintenance data, and the final
bill of materials, if required, and payment application. Contractor must deliver the written
Contractor’s and all Manufacturer’s warranties prior to issuance of the final invoice.
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
If, after the Work has been substantially completed, full completion thereof is materially delayed
through no fault of Contractor, and Project Manager so certifies, Town will, upon such
certification of Consultant, and without terminating the Contract, make payment of the balance
due for that portion of the Work fully completed and accepted. Such payment will be made under
the terms and conditions governing final payment, except that it will not constitute a waiver of
claims.
The acceptance of final payment will constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the Contract and identified by
Contractor as unsettled at the time of the application for final payment.
D16 NDPES REQUIREMENTS
Contractor must comply with the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP
must be included in the Bid price. For further information on compliance requirements for NPDES
and SWPPP visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining,
completing, and paying for any required NPDES application or permits that may be required.
END OF SECTION
SIGNATURE PAGE FOLLOWS
Repair of Sidewalk Trip Hazards Bid No. 2023-36R
SECTION E. CONTRACTOR’S BID
VILLAGE OF NORTH PALM BEACH
BUSINESS ADVISORY BOARD
MEETING MINUTES
TUESDAY, SEPTEMBER 19, 2023
1. CALL TO ORDER
David Talley called the meeting to order at 5:30 p.m.
2. ROLL CALL
Present: Veronica Frehm, Marshall Gillespie, Adam Jones, Ronald Lantz, and
David Talley
Absent: Nina Balgar and Nathan Kennedy
Staff: Caryn Gardner-Young, Community Development Director
Ed Cunningham, Village Communications Manager
Kacy Morrone, Executive Assistant
Council Representative: Debra Searcy
3. APPROVAL OF MINUTES
Ronald Lantz motioned to approve the minutes from August 15, 2023. Veronica Frehm
seconded the motion. The vote was unanimous.
4. PUBLIC COMMENTS
None.
5. NEW BUSINESS
5.1 LA BAMBA SIGN AND WALL COLOR
Ms. Gardner-Young called the Board’s attention to the recent changes to the La
Bamba sign and the color of a portion of the façade. She reviewed the restrictions on
color in the Code and stated that the application to the Village had come after the
fact.
The team representing La Bamba Restaurant, including the owners, sign consultant,
and architect, introduced themselves and made a brief presentation.
Board members asked questions regarding the submitted colors, the submission
process, the requested exception, efforts to be pro-business, the Village’s appearance
plans, the creation of checklists to assist business owners in the process, changing the
color restrictions, and creating a process for exceptions.
Ronald Lantz made a motion to defer the decision to the Planning Commission, and
Veronica Frehm seconded the motion. Motion failed. (2-3)
Village of North Palm Beach September 19, 2023
Business Advisory Board Minutes Page 2 of 2
Adam Jones made a motion to recommend the Planning Commission to revisit the
submission of colors for an exception to the code, and Veronica Frehm seconded the
motion. Motion passed (4-1).
Discussion continued regarding the Village Sign Code and signage planning.
5.2 2024 MEETING SCHEDULE
Item not addressed.
6. OLD BUSINESS
6.1 BUSINESS OF THE MONTH
Ms. Gardner-Young distributed a draft of a new Business of the Month program and
asked for feedback. Discussion ensued regarding the criteria. The consensus was
that the businesses should be in the Village for one (1) year, that non-profit
organizations should be eligible, and that the awards should be quarterly/seasonal
rather than monthly.
6.2 BUSINESS AMBASSADOR PROGRAM
Ms. Gardner-Young distributed a draft of the new Business Ambassador program
and asked for feedback. Discussion ensued regarding the program's intent and
conflicts with the Chamber of Commerce program of the same name.
6.3 LIBRARY OF RESOURCES
Item not addressed.
6.4 NEW BUSINESS RECOGNITION
Item not addressed.
7. MEMBER COMMENTS
Mr. Talley suggested new businesses be listed in the Village newsletter. Councilmember
Searcy suggested a restaurant guide, as well. Discussion continued, and consensus was
reached that the discussion would continue at the next meeting.
8. STAFF COMMENTS
Ms. Gardner-Young shared that there were already 41 responses to the business survey.
9. ADJOURNMENT
Marshall Gillespie made a motion to adjourn, and Veronica Frehm seconded the motion.
The meeting adjourned at 6:35 p.m. The next regular meeting of the Board is scheduled for
October 17, 2023.
VILLAGE OF NORTH PALM BEACH
BUSINESS ADVISORY BOARD
MEETING MINUTES
TUESDAY, OCTOBER 17, 2023
1. CALL TO ORDER
David Talley called the meeting to order at 5:33 p.m.
2. ROLL CALL
Present: Veronica Frehm, Adam Jones, Marshall Gillespie, Nathan Kennedy,
Ronald Lantz, David Talley
Absent: Nina Balgar
Staff: Caryn Gardner-Young, Community Development Director
Kacy Morrone, Functional Manager
3. APPROVAL OF MINUTES
None.
4. PUBLIC COMMENTS
None.
5. NEW BUSINESS
5.1. BUSINESS WEBSITE AND DIRECTORIES
Ms. Gardner-Young will work with the Communications Manager to update the
business list twice yearly.
5.2. OUTDOOR SEATING PERMIT TEXT AMENDMENT
During the pandemic, outdoor seating became popular, and a temporary use
allowance was granted. However, now that the pandemic has passed, the allowance
has transitioned into a proper approval method. This requires filing a Site Plan or
PUD Amendment. Ms. Gardner-Young requests approval for a new process where
Village Staff can approve a one-time permit instead of going through the Planning
Commission (currently Planning, Zoning and Adjustment Board). This permit
would not require renewal except for a business name change.
The current approval method and regulations limit the Village's ability to address
adverse impacts. Once Site Plan Approval is granted, it cannot be reversed. If there
are any complaints, the only solution is to take them to Code Compliance, which
can only issue documented violations. Under the new process Ms. Gardner-Young
Village of North Palm Beach October 17, 2023
Business Advisory Board Minutes Page 2 of 3
proposes, the Village would have the right to revoke the permit if unmet
requirements exist. This would give them more control over negative impacts.
Nathan Kennedy supports the staff actively participating in upholding the
regulations that are in place.
Ronald Lantz made a motion to approve, and Adam Jones seconded the motion.
Motion passed, and the vote was unanimous.
5.3. FOOD TRUCK TEXT AMENDMENT
During the meeting, Ms. Gardner-Young brought up the issue of food trucks and
pointed out that there are currently no regulations for them. She provided a list of
proposed regulations that are open for board discussion.
Veronica Frehm asked who is responsible for ensuring that regulations are in place.
Ms. Gardner-Young explained that the state has superseded the rules and that no
permit can be required for a mobile food truck in any jurisdiction. It is the
responsibility of the food truck owners and operators to have proof of inspections.
Ronald Lantz asked if food trucks are an issue in the Village, and Ms. Gardner-
Young responded that it is not an issue but the Village should prepare and have
regulations in place.
Veronica Frehm asked if the rules discussed apply to special event permits. Ms.
Gardner-Young clarified that the food truck condition of approval falls under the
special events permit.
Nathan Kennedy inquired about the special events permit process. Ms. Gardner-
Young explained that the application filed is reviewed by staff and goes two ways
depending on the Village’s impact. It is reviewed by either the Community
Development Director or the Development Review Committee, which consists of a
member of the Police, Fire, and Public Works Departments, Building Official, and
Planning and Zoning Division.
All board members agreed to review and discuss the regulations in a future meeting.
6. OLD BUSINESS
6.1. MEETING SCHEDULE 2024
Dates were presented for board review. The next meeting is scheduled for January
2024.
Village of North Palm Beach October 17, 2023
Business Advisory Board Minutes Page 3 of 3
Ronald Lantz motioned to cancel November and December meetings, and Veronica
Frehm seconded the motion. Motion passed. The vote was unanimous.
The terms of appointment for all board members will end in April 2024.
6.2. BUSINESS OF THE SEASON
Ms. Gardner-Young announced that the project will begin in January 2024. She will
prepare a memorandum to present to the Council. Ronald Lantz requested that non-
profit organizations be included.
6.3. BUSINESS LIAISON PROGRAM
The program is scheduled to start in January 2024.
7. MEMBER COMMENTS
Donald Tallie requested an update on La Bamba. Ms. Garder-Young informed him that the
Planning, Zoning and Adjustment Board will hear this matter on November 14, 2023, and
she will include an update on La Bamba.
8. STAFF COMMENTS
Ms. Gardner-Young desires to switch from a Business Tax Receipt to a Certificate of Use.
She plans to collect all the necessary materials and send them to the Board Members in
December for their review. The Board Members will discuss this matter in January's
meeting.
Ms. Gardner-Young also sought advice from the Board Members regarding the date and
time of the Community Development Department event at the Country Club. Adam Jones
recommended scheduling the event on a weekday morning for about an hour.
9. ADJOURNMENT
Adam Jones made the motion to adjourn, and Nathan Kennedy seconded the motion. The
meeting adjourned at 6:22 p.m.
1
THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
“THE BEST PLACE TO LIVE
UNDER THE SUN”
Environmental
Committee Meeting
MINUTES
Anchorage Park
Monday, Nov 6, 2023
6: 00pm
1. Call to Order: Chairperson Karen Marcus called the meeting to order at 6: 01pm.
2. Roll Call:
Present: Karen Marcus, Mary Phillips, Kendra Zellner,
Shawn Woods, Brian Bartels, Ellen Allen, and Lisa
Interlandi
Absent:
Also Present: Marc Holloway, Field Operations Manager
3. The Minutes of the October 2, 2023, regular meeting was approved.
4. Public Comments –
a. Chris Ryder 118 Dory Rd. South – Expressed that he believes C17 is not NPB
property as it relates to storm drain issues and sedimentation of the canal. He
recommended that code enforcement should make owners responsible for
issues that they cause with C17. He recommended rod mount style birdhouses.
5. Community Garden Update – No update.
6. SWA video tour- Marc spoke with his contact about a virtual tour and will provide
information during the next meeting.
7. Business storm drain inspections- Marc is working with the director with public works
2
to propose options for inspections. Ellen recommended that new businesses have
higher code standards and require litta traps on those properties. Marc is looking into
installing a litta trap at Anchorage Park, in front of the building. Karen recommended
adding one at the Country Club.
8. Earman River Drone Video- Marc submitted a request to IT to have them take the drone
footage. Will update us at the next meeting.
9. Speaker Series- Feedback was attendance was lackluster, likely due to minimal
marketing. We have to push our next speaker to Feb. Brian will speak with the FPL
speaker. Kendra will speak with Ed as soon as it is scheduled.
10. Recycling Bin Top Feedback- Marc said the bin top replacement was a success. We need
to work with Zak to order the bin tops for the other parks.
11. Bird Village- We have some options for Birdhouses for upcoming events- 1. Zak can
order 3-4 bulk kits from home depot (12 per kit) which is $91 per kit. 2. Home Depot
can donate $200 which can be used for supplies to build them or maybe for bird
attracting plants 3. Send request to Lowes on NPB letterhead to see if they can donate
some kits but they only have 6-10 in stock. Mary and Kendra had a meeting with the
principal of The Conservatory School and they are going to talk to their teachers about
having students build bird houses from scratch. Wait to advertise the grand opening
until Ellen speaks with her contact.
12. Previous newsletter- Last was about food waste. Next article is about unregistered
landscapers/blowing debris in the street/canal and registered landscapers.
13. Member Comment- none.
14. Staff Comment- Marc advised that they are starting appointment only bulk pickup.
15. Next meeting- The next meeting will be on Jan 8, 2023 at 6:00 pm at Anchorage Park
16. Adjournment- the meeting adjourned at 6:46 pm.
THE VILLAGE OF NORTH PALM BEACH
PLANNING, ZONING AND ADJUSTMENT BOARD
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 14, 2023 at 6:30 PM
Present Cory Cross, Vice Chair
Kathryn DeWitt, Member
Jonathan Haigh, Member
Scott Hicks, Member
Thomas Hogarth, Member
Absent Donald Solodar, Chair
Nathan Kennedy, Member
Village Staff Dave Norris, Mayor
Len Rubin, Village Attorney
Caryn Gardner-Young, Community Development Director
1. CALL TO ORDER
Vice Chair Cross called the meeting to order at 6:32 p.m.
a. ROLL CALL
Roll was called, and it was determined a quorum was present.
2. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA
There were no modifications to the agenda.
3. PUBLIC COMMENT FOR NON-AGENDA ITEMS
There were no public comments.
4. APPROVAL OF MINUTES
a. September 12, 2023 Minutes
Mr. Hogarth motioned to approve the September 1, 2023 meeting minutes, seconded by
Mr. Hicks. The motion passed unanimously (5-0).
b. October 3, 2023 Minutes
Ms. DeWitt motioned to approve the October 3, 2023 meeting minutes. Seconded by Mr.
Hogarth. The motion passed unanimously (5-0).
5. DECLARATION OF EX-PARTE COMMUNICATIONS
No ex-parte communications were reported or disclosed.
6. QUASI-JUDICIAL MATTERS/PUBLIC HEARING
Attorney Rubin swore in those wishing to provide testimony.
a. SITE PLAN AND APPEARANCE REVIEW
The Village of North Palm Beach November 14, 2023
Planning, Zoning and Adjustment Board Minutes Page 2 of 5
i. OLD BUSINESS
1. 200 YACHT CLUB (MIXED-USE DEVELOPMENT)
Lentzy Jean-Louis from Urban Design Studio, agent for the property owner
Robbins NPB LLC, presented a request to approve a Site Plan and
Appearance application for a mixed-used development including a 147-unit
residential building, three (3) live-work units and 1,978 square feet of
commercial space with waivers.
During the Planning Commission meeting held on October 3, 2023, a
motion was made to continue the application to approve the waivers as
requested, subject to the following conditions:
A complete package with all current elevations and plans must be
submitted to the Village;
Revise the first-floor plan to include three (3) live-work units facing
US Hwy 1 in Building B;
Eliminate condition Y – food trucks; and
Restrict leases to one (1) year and not allow subleasing.
The applicant stated that their current plan is consistent with the established
style and design presented to the board and residents during the approval
process.
They considered the feedback and the opinions of the board, Village staff,
and residents regarding the architectural elevations and landscaping; they
made the following changes:
Along the property line of 200 Yacht Club right of way, they have
added planting along the sidewalk;
Committed to a 4-foot separation between the property line and
landscape designated for the sidewalk;
Enhanced landscaping along the east side of the property line; and
Increased the transparency to all building elevations.
The applicant agreed with the Village Staff report and accepted all the
proposed conditions.
Vice Chair Cross opened the item to public comments
Chris Ryder, 118 Dory Road South, expressed his opinion about the master
plan availability online, which does not agree with the project, highlighted
that this is the first project under the new C-MU regulation with lower
transparency than the code provided. If allowed, it will not leave a good
precedent for future applicants.
Carolyn Liss, 52 Yacht Club Drive, agreed with Chris Ryder.
Deborah Cross, 2560 Pepperwood Circle South, shared her concerns about
mixed-use development not being appropriately mixed-use and insufficient
The Village of North Palm Beach November 14, 2023
Planning, Zoning and Adjustment Board Minutes Page 3 of 5
business and public draw. Regarding affordable housing, she felt this
project needed to reflect the Village’s vision.
Vice Chair Cross closed the public comments
Ms. Gardner-Young clarified that for workforce housing, the applicant
needs to indicate whether it will be owned or rented before the first building
permit and certificate of occupancy are approved. While the Village code
does not designate regarding this matter, the Village Staff prefers
ownership.
Mr. Tuma responded to the public comments and stated that Urban Design
Studio has been in business since 1977, and he has a qualified team of
landscape architects.
Mr. Rennebaum is a registered professional engineer like Jamie Perish, who
signed and sealed the plans submitted to the Village.
Members comments
Mr. Hogarth appreciated the applicant making the changes requested. He
inquired whether the live-work space signage had been approved. Ms.
Gardner-Young responded that the applicant must return to the Planning,
Zoning and Adjustment Board for signage. She added that the live-work
entrances will be based on signage and have a public entrance from U.S.
Highway 1; an accessible ramp can be installed. Mr. Hogarth concluded that
he is satisfied with the project regarding transparency and mixed-use.
Mr. Haigh appreciated the landscape additions, the applicant's responses to
the Planning Commission, and public feedback. He thinks offering
affordable housing for young professionals is a good way to bring people
into the Village.
Ms. DeWitt thought the resident's and board's feedback are reflected on the
changes the applicant made to the project, and it is in a better place than
when the project started. She inquired for clarity on live-work unit parking
spaces. Michele Cuetara with Urban Design Studio responded that the math
was updated in the revised plan; the parking of the three (3) live-work units
is calculated based on square footage. Ms. DeWitt also inquired about
restaurant parking; Mr. Tuma responded that 20 parallel parking spaces
have been assigned and will be labeled. She also suggested to do something
other than sod.
Mr. Hicks would like to see more of a mixed-use project in the future and
sought clarification in regards to the live-work locations. Mr. Tuma showed
their location on the revised plan.
Mr. Cross liked the project and highlighted the technicality and the work
the architect showed on the project. He would have wanted to see more
commercial spaces on the project.
Jonathan Haigh motioned to approve with the conditions noted on the staff
report A through JJ deleting E and I, as well as the inclusion of the revised
The Village of North Palm Beach November 14, 2023
Planning, Zoning and Adjustment Board Minutes Page 4 of 5
plans of the project, seconded by Kathryn DeWitt. The motion passed
unanimously (5-0).
2. 730 U.S. HIGHWAY 1 - LA BAMBA (SIGNAGE AND BUILDING
COLOR)
Ms. Gardner-Young presented the current look of the exterior building color
and new monument sign, highlighting that changes were made without the
Village's approval, nor were building permits submitted. The applicant is
seeking approval after changes have been made.
She noted there is also a new wall sign located on the south side facing U.S.
Highway 1.
The staff recommendation is to deny the application as presented since it
does not meet the Village’s code requirements and appearance plans. The
use of bright and brilliant color are not hamonious with the building. The
previously approved color by the Planning Commission was a more subtle
tone.
The owner, JR Molina, announced they celebrated their 15th anniversary at
the North Palm Beach location and wanted the restaurant to have a modern
look by improving their logo; he also apologized for not submitting permit
applications before the changes.
A representative from the sign company M Aguablanca, LLC, Jack Jurvey,
further explained that to comply with the new code, the monument would
have to be smaller and move back into the property. Instead, they decided
to do a face change to the existing monument. He also noted that the accent
color percentage is not defined in the code, which is subjective.
Vice Chair Cross opened the item to public comments
Deborah Cross, 2560 Pepperwood Circle South, mentioned that bright
green color is not in the code and should not approved, permits are needed,
and agrees with denying the petition.
Bill Stevens, 52 Yacht Club Drive, is a frequent customer and loves the
monument sign. He inquired about the criteria for the brightness percentage
allowed. However, the board clarified that it is up to their discretion.
Vice Chair Cross closed the public comments
Member comments
Mr. Hicks expresses his sympathy for the applicant and believes the sign
should have bright colors since it is a Spanish/Mexican restaurant.
However, it needs to meet the code.
Ms. DeWitt suggested the setback criteria could be visited, and the
restriction on brightness is intended for vehicle safety. She agrees with the
staff's recommendations.
Mr. Haigh liked the color but recognizes it does not meet the code.
The Village of North Palm Beach November 14, 2023
Planning, Zoning and Adjustment Board Minutes Page 5 of 5
Mr. Hogarth mentioned another business was lime and had to remove it,
and he suggested the color could be used as an accent. He acknowledged
that the sign company should have known to apply for permits as part of the
process.
Mr. Cross liked the green and agreed it should be used as an accent color on
the building. He agreed with the round logo, but the background is
inconsistent with the code.
The applicant submitted a revised rendering of the sign.
Jonathan Haigh motioned to approve the sign submitted at the meeting with
the white background, and Kathryn DeWitt seconded the motion. The
motion passed unanimously (5-0).
Jonathan Haigh motioned to table to the next meeting a different building
scheme color to be less bright, seconded by Scott Hicks. The motion passed
unanimously (5-0).
ii. NEW BUSINESS
1. 124 SHORE COURT – HAMPTON HOUSE CONDO (BUILDING
COLOR SCHEME)
The applicant, Philip Zammit, president of the Hampton House
Condominium Association, submitted color schemes. He is seeking
approval to paint the building.
Ms. Gardner-Young’s presentation displayed the colors proposed and
recommended approval with conditions.
All Planning, Zoning and Adjustment Board members agree with the staff
report.
Mr. Hogarth motioned to approve, seconded by Ms. DeWitt. The motion
passed unanimously (5-0).
7. BOARD MEMBER COMMENTS
Mr. Hogarth researched the code of ordinances and noticed changes to the residential code. Len
Rubin mentioned that the legislature passed a new bill that removed Palm Beach County from
SB250; now the code can be readopted.
Mr. Cross inquired about protocol if the Chair and Vice-Chair can not attend the meeting. Len
Rubin answered there was no protocol in place. Mr. Cross suggested the Village staff develop one.
8. STAFF UPDATES
The next meeting will be on December 5, 2023.
9. ADJOURNMENT
With no further business before the Board, Mr. Cross adjourned the meeting at 7:53 p.m.
Village of North Palm Beach
Recreation Advisory Board Meeting
MINUTES
December 12, 2023 at 7:00 pm
Anchorage Park
1) Call to Order: Chair Budnyk called meeting to order at 7:00 p.m.
2) Roll Call: Rita Budnyk, Christi Chane, Jennifer Dumas, Stephen Heiman, Zak
Sherman, Ashley Knieriemen, and Mia St John in attendance. Council Representative
Deborah Searcy present. Leigh Arwood Absent (sent prior email).
2) Approval of Minutes: Motion to approve minutes by Jennifer Dumas. Second by Mia
St John.
3) Public Comments: The meeting continued with public comments, starting with
Sandy Seaberg and Donna Becker addressing the lack of pickleball courts. This issue
had previously garnered significant support from residents through a petition. Both
council and village manager had acknowledged the need for pickleball courts, and t he
matter was under consideration for the new budget.
The discussion further delved into the master planning process, which was essential
for determining the placement of these courts. While plans for pickleball courts next
to the basketball court at Osborne and the Community Center were in place, the
comprehensive master plan's completion was necessary before any concrete steps
could be taken. The possibility of altering the existing layout of parks, including
parking lots and other facilities, was also discussed.
Frustration was expressed over the delays in implementing the pickleball courts,
urging for a more immediate resolution. They emphasized the community's demand
for these facilities, citing examples from neighboring towns. The council
representative reassured the attendees that the delay was not due to neglect but a
strategic decision to ensure efficient use of funds and resources.
Chris Ryder said he understood the frustration with master plan process. It can take a
while. Chris emphasized the urgency of addressing these issues and suggested
temporary solutions.
4) Director’s Report: The meeting then shifted focus to other community projects,
including updates on the boat ramp and dry storage facilities. Technical and logistical
details regarding these projects were discussed, such as geotechnical data
requirements, boring procedures, and the potential impact on park usage during
construction.
One key issue was the marina management and the enforcement of contractual
obligations for space utilization. It was noted that, despite having contracts in place,
there was a lack of resources to ensure compliance. The department’s duties have
grown considerably over the years and staff, in its current configuration, are stretched
thin. The conversation included suggestions for improving operational efficiency,
such as conducting weekly checks and utilizing existing staff more effectively.
The meeting also touched upon various community projects and events. These
included park cleanups, and challenges in the master planning process for Osborne
Park and the Community Center.
Other topics of discussion included flag football championships, soccer field lining,
Seacoast’s force main project, and upcoming celebrations like Trolley rides, Arbor
Day and hot cars and chili events.
5) New Business: Nothing to report.
6) Old Business:
Tornado Update/Community Center: Director stated trail repairs have been completed
and several sections of concrete have been removed. Final item is to fill and re-sod the
areas. Also discussed the insurance aspects related to these repairs, highlighting the
complexity of dealing with insurance claims and coverage limitations.
Member Comments: Rita Budnyk raised safety concerns during the boat parade,
highlighting the potential hazards of mixing golf carts and pedestrians, especially in
low light conditions. While no injuries were reported, worries persisted about the
safety of children near golf carts after dark. Suggestions to improve safety included
designating specific viewing areas for non-golf cart attendees and managing the flow
of people during event exits. Others suggestions included attendees bring flashlights
and children wear glow sticks for better visibility. Additionally, Rita mentioned the
ongoing presence of AT&T equipment along the pathway at the Community Center.
On another topic, Chris Ryder inquired about the status of Palm Beach Crew. Zak
reported assisting them in cleaning up their original spaces and noted that they are
now up-to-date with their financial obligations and using only two storage spots
instead of the original eight. In discussing their contract, there was a suggestion to set
clear parameters and possibly impose a requirement that a certain percentage of their
members should be residents.
7) Staff Comments: None.
8) Adjournment: Motion made by Stephen Heiman to adjourn. Second by Rita Budnyk.
8:05 p.m.
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: January 25, 2024
SUBJECT: ORDINANCE 1st Reading– Approving a major amendment to the Memory
Care Commercial Planned Unit Development to provide an additional
waiver for the installation of an 8.7 square foot wall sign on the north
façade of the commercial outparcel building located at 635 U.S. Highway
One.
Village staff is seeking Council consideration and approval of a second wall sign for the Desano’s
Pizzeria on the north façade. The subject +/-0.27-acre parcel is on the west side of U.S. 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 has a C (Commercial)
Future Land Use designation in accordance with the Village Future Land Use map. The property
address is 635 U.S. Highway One, North Palm Beach, FL 33408.
Approved in 2017 through the adoption of Ordinance No. 2017-07, the subject 6,000 square-
foot building reserved for restaurant/retail/office use lies within commercial out parcel within the
previously approved Commercial PUD (CPUD) and the adjacent 37,404 square-foot Memory
Care facility. Construction of the subject building was finalized in 2022. However, all applicable
permits have been applied for in preparation for future tenant Desano Pizzeria to occupy the
northernmost tenant space. Village Council has approved a series of five (5) waivers 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 allows for a front
setback of ten (10) feet for the commercial out parcel building placement. The Code
requires a front setback of fifty (50) feet.
In October 2023, the Village Council approved a minor amendment to the Planned Unit
Development (PUD) to allow for an indoor and outdoor bar area on the north façade , including
a six-seat outdoor seating area.
In December 2023, the Village Council approved another minor amendment to the Planned Unit
Development (PUD) to allow for an outdoor seating area with cover and furniture, to install a
building wall sign on the east façade of the building, and to allow five (5) stacks to penetrate the
roof to enable fryers and ovens to be used on-site.
The applicant is proposing to install an 8.7 square foot building wall sign on the north façade,
which is not permitted by the Zoning Code and requires another waiver for the CPUD. Section
8 of the CPUD Ordinance provides that “any new signs or modifications to approved signs shall
be presented to the Planning Commission for approval, provided, however, that any changes
requiring an additional waiver shall only be approved by Ordinance .” Consequently, the CPUD
Ordinance requires the additional waiver to be treated as a major modification to the CPUD.
The proposed wall sign is internally lit with a black background and white lettering and located
on the north façade where the outdoor seating area is. The applicant stated that they are unable
to obtain signage on the existing monument sign, which is why they are requesting a sign on the
north façade so that drivers traveling southbound on U.S. Highway 1 will be able to identify the
location prior to driving past it. According to the Zoning Code, a sign is only permitted when
fronting streets and the proposed sign fronts the private driveway. Consequently, the petitioner
is requesting an additional waiver to the Zoning Code.
The request is for an 8.7 square The request is for an 8.7 square f oot internally lit wall sign with a black background and white
lettering. The materials used in the sign have good architectural character and are harmonious
with the building design. The building façade color is white. No bright or brilliant colors are
proposed. There is no other lettering or signage on the north façade , and the proposed sign
matches the previous building wall sign approved by the Village Council.
At its January 2, 2024 meeting, on a motion by Board Member Kennedy and seconded by
Board Member Cross, the Planning, Zoning and Adjustment Board recommended approval (6 -
1 with Board Member Hogarth dissenting) of the Ordinance as presented by Village Staff .
The attached Ordinance has been prepared and reviewed by the Village Attorney to ensure its legal
sufficiency.
Recommendation:
Village Staff recommends Village Council consideration and approval of the attached
Ordinance on 1st Reading amending the Memory Care CPUD to provide for an additional
waiver from Section 6-115(C)(2)e of the Village Code to allow for the installation of a
second wall sign for the Desano’s Pizzeria on the north façade of the commercial
outparcel building fronting a private driveway in accordance with Village policies and
procedures.
Page 1 of 3
ORDINANCE NO. 2023-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2017-07 4
APPROVING A COMMERCIAL PLANNED UNIT DEVELOPMENT ON 5
APPROXIMATELY 2.72 ACRES OF REAL PROPERTY LOCATED ON THE 6
WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE AND 7
SOUTH OF LIGHTHOUSE DRIVE TO APPROVE AN ADDITIONAL SIGN 8
WAIVER FOR THE COMMERCIAL OUTPARCEL BUILDING; PROVIDING 9
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING 10
FOR AN EFFECTIVE DATE. 11
12
WHEREAS, through the adoption of Ordinance No. 2017-07 on June 22, 2017, the Village 13
Council approved a Commercial Planned Unit Development (“CPUD”) approximately 2.72 acres 14
in size located on the west side of U.S. Highway One north of Ebbtide Drive and south of 15
Lighthouse Drive; and 16
17
WHEREAS, the approved site plan for the CPUD included a one-story 37,404 square foot Memory 18
Care facility and a commercial outparcel building of up to 6,000 square feet on the Property; and 19
20
WHEREAS, the property owner, ASL NPB, LLC, and one of the tenants of the outparcel building, 21
Desano – North Palm Beach, LLC, have applied for a major amendment to the CPUD for an 22
additional waiver from the Village Code to install a wall sign on the northern façade of the 23
commercial outparcel building; and 24
25
WHEREAS, Section 8 of Ordinance No. 2017 -07 requires that any new signs requiring an 26
additional waiver shall only be approved by Ordinance; and 27
28
WHEREAS, on January 2, 2024, the Village Planning, Zoning and Adjustment Board, sitting as 29
the Local Planning Agency, conducted a public hearing on the application and provided a 30
recommendation to the Village Council; and 31
32
WHEREAS, the Village Council wishes to approve the major modification to the CPUD to allow 33
for an additional waiver to the Village’s land development regulations and determines that the 34
adoption of this Ordinance is in the best interests of the residents of the Village of North Palm 35
Beach. 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 ratified as true and correct and are incorporated herein. 41
42
Section 2. The Village Council hereby amends Section 4 of Ordinance No. 2017-07 to add the 43
following additional waiver: 44
45
Page 2 of 3
A waiver from Section 6-115(C)(2)e of the Village Code of Ordinances to allow 1
for a second wall sign for the northern façade of the commercial outparcel building 2
facing a driveway when the Code only allows a second sign if facing multiple street 3
frontages. 4
5
Section 3. The Applicant shall install the additional wall sign in accordance with the most 6
current version of the following plans and specifications on file with the Village’s Community 7
Development Department: 8
9
A. Boundary Survey by Lidberg Land Surveying, Inc. stamp dated December 11, 2023; and 10
11
B. Building and Sign Elevation sheet created by Cotleur & Hearing and stamp dated 12
December 11, 2023. 13
14
Section 4. The Village Council’s approval of this major amendment to the CPUD is subject to 15
the following additional conditions: 16
17
A. A sign building permit is required for the proposed wall sign. 18
19
B. The site plan shall be revised as necessary to reflect all conditions of approval and 20
resubmitted prior to the issuance of a building permit. 21
22
C. Non-compliance with any of the conditions of approval shall result in withholding of the 23
issuance of building permits or a Certificate of Occupancy. 24
25
D. All advertisements and legal addresses on insurance policies and business correspondence 26
shall clearly state that the project is located within the Village of North Palm Beach. 27
28
Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 29
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 30
such holding shall not affect the remainder of this Ordinance. 31
32
Section 6. All ordinances or resolutions in conflict with the provisions of this Ordinance are 33
hereby repealed to the extent of such conflict. 34
35
Section 7. This Ordinance shall take effect immediately upon adoption. 36
37
PLACED ON FIRST READING THIS ______ DAY OF ______________, 2024. 38
39
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 40
_____________, 2024. 41
42
43
44
(Village Seal) 45
MAYOR 46
47
Page 3 of 3
ATTEST: 1
2
3
VILLAGE CLERK 4
5
6
APPROVED AS TO FORM AND 7
LEGAL SUFFICIENCY: 8
9
10
11
VILLAGE ATTORNEY 12
PUD-2023-005 Page 1 of 8 635 US Highway 1
PUD-2023-005 Revised:
Date: December 11, 2023
Subject/Agenda Item:
PUD-2023-005 635 US Highway 1
Consideration of Approval: The property owner, ASL NPB, LLC, and the lessee, Desano –
North Palm Beach, LLC, have requested a major modification with a waiver to an existing
Commercial Planned Unit Development (PUD). The modification is for the installation of an
8.7 square foot wall sign on the north façade at 635 U.S. Highway One, which is not permitted
by the Zoning Code but can only be approved as an additional waiver to the PUD.
[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:
Justification Statement dated December 11, 2023
Boundary Survey by Lidberg Land Surveying Inc.
stamped-dated December 11, 2023
Building and Sign Elevation sheet created by Cotleur
& Hearing and stamp-dated December 11, 2023
Public Notice:
[ X] Required
[ ] Not Required
Dates:
Paper:
Mailing
[ X] Required
[ ] Not Required
Notice Distance: 500’
I. Executive Summary
The applicant proposes installing an 8.7 square foot building wall sign on the north façade,
which is precluded by the Village’s Zoning Code but can be approved as a waiver under the
Village’s Planned Unit Development regulations.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT AND RECOMMENDATION
PUD-2023-005 Page 2 of 8 635 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
The subject parcel is +/-0.27-acres in size and located on the west side of U.S. Highway One,
between Lighthouse Drive and Ebbtide Drive. The parcel falls under the C -MU (Commercial
Mixed-Use Zoning District) as per the Village Zoning map and has a C (Commercial) Future Land
Use designation as per the Village Future Land Use map. The property address is 635 U.S.
Highway One, North Palm Beach, FL 33408.
The Village Council approved the Memory Care Commercial PUD (CPUD) through the adoption
of Ordinance No. 2017-07 on June 22, 2017. The 6,000 square foot commercial outparcel building
is reserved for restaurant, retail, or office uses. The building was constructed in 2022, and all
necessary permits have been applied for in preparation for Desano Pizzeria occupying the
northernmost tenant space. As part of the final CPUD approval, the Village Council approved a
series of five (5) waivers:
A. A waiver from Section 27-64 of the Village Code of Ordinances to remove 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.
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-2023-005 Page 3 of 8 635 US Highway 1
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 the commercial out parcel building placement. The Code
requires a front setback of fifty (50) feet.
In October 2023, the Village Council approved a minor amendment to the Planned Unit
Development (PUD) to allow for an indoor and outdoor bar area on the north façade, including a
six-seat outdoor seating area.
In December 2023, the Village Council approved an additional minor amendment to the Planned Unit
Development (PUD) to allow for an outdoor seating area with cover and furniture, to install a
building wall sign on the east façade of the building, and to allow five (5) stacks to penetrate the
roof to enable fryers and ovens to be used on-site.
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 consist of the following:
a. Boundary Survey by Lidberg Land Surveying Inc. stamped-dated December 11, 2023
b. Building and Sign Elevation sheet created by Cotleur & Hearing and stamp-dated December
11, 2023
VI. Staff Analysis:
The petition is for the approval of a major Planned Unit Development Amendment. The purpose
of this amendment is to install an 8.7 square foot wall sign on the north façade of the building,
which requires a waiver from Section 6-115(C)(2)e of the Village Code. The proposed sign is
internally lit with a black background and white lettering facing the existing restaurant/Memory
Care driveway from US Highway 1. The applicant stated that they are unable to obtain signage on
the existing monument sign, which is why they are requesting a sign on the north façade so that
drivers traveling southbound on U.S. Highway 1 will be able to identify the location prior to
driving past it. Per the Zoning Code, a sign is only permitted when fronting streets. Since the
proposed sign is fronting the driveway to the facility, it is not permitted. However, the Village’s
PUD regulations allow flexibility, and the petitioner is requesting an additional waiver to the
Village Code.
PUD-2023-005 Page 4 of 8 635 US Highway 1
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
it is situated and shall not be detrimental to
the orderly development of adjacent zoning
districts. The applicant is not proposing a
new use.
2. Traffic/Neighborhood Impacts: The location and size of the proposed use or
uses, the nature and intensity of the principal
use and all access ory 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 regular traffic of the
neighborhood. The applicant is not
proposing a new use but improving the
site layout by installing a sign informing
southbound US Highway 1 travelers
where the restaurant is located .
2. Building Modifications: The location and height of buildings, th e
location, nature, and height of walls and
fences, and the nature and extent of the
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 or
wall height to any building or fence except
as previously approved . 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
the zoning district in which the proposed
PUD-2023-005 Page 5 of 8 635 US Highway 1
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 that are not permitted in the zoning
district where the proposed project will be
located. The applicant is not proposing
changes to the original use, and
restaurants are permitted in the C-MU
Zoning District.
Section IV Criteria for Appearance D. Building and Sign Design
1. Wall Sign Materials: Materials used in signs shall have good
architectural character and be harmonious
with the building design and surrounding
landscape. The request is for an 8.7 square
foot internally lit wall sign with a black
background and white lettering. The
building façade color is white. There is no
other lettering or signage on the north
façade. The applicant meets this
requirement.
2. Wall Sign Architecture: Wall signs shall be part of the architectural
concept. Size, color, lettering, location, and
arrangement shall be harmonious with the
building design and compatible with signs
on adjoining buildings. Signs shall have
good proportions. The request is for an 8.7
square foot internally lit wall sign with a
black background and white lettering.
The wall is white, and the sign is to the left
of the side entrance doors . The sign is in
proportion to the restaurant space.
3. Wall Sign Colors: Colors shall be used harmoniously and with
restraint. Excessive brightness and brilliant
colors shall be avoided. Lighting shall be
harmonious with the design. If external spot
or floor lighting is used, it shall be arranged
to shield the light source from view. The
request is for an 8.7 square foot internally
PUD-2023-005 Page 6 of 8 635 US Highway 1
lit wall sign with a black background and
white lettering. The building wall is
white; consequently, the proposed sign
colors are harmonious. There is no
proposed use of bright or brilliant colors.
4. Wall Sign Area: The closest regulations which would pertain
to the proposed sign would be Article V,
Section 6-115 of the Code of Ordinance
dealing with permitted permanent accessory
signs, According to Section 6-115(C)(3)(b)
and (c): An occupant that has building facade
area facing multiple public street frontages
may have one (1) full size wall sign facing a
public street frontage and a one-half (½) size
wall sign facing the other street frontages
which sign is not to exceed 20 square feet .
The main wall sign for Desano Pizzeria,
approved in December, was 42 square feet,
so one-half the size would be 21 square
feet. The proposed sign is 8.7 square feet,
meeting the building wall sign size
limitation.
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 December 11, 2023, and strict compliance with the
Exhibits listed below, which are attached hereto and made a part hereof as Exhibit “B.”
a. Boundary Survey by Lidberg Land Surveying Inc. stamped-dated December 11,
2023
b. Building and Sign Elevation sheet created by Cotleur & Hearing and stamp-dated
December 11, 2023
2. A sign building permit is required for the proposed wall sign. (Planning and Zoning)
3. The site plan shall be revised as necessary to reflect all conditions of approval and re-
submitted before 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)
PUD-2023-005 Page 7 of 8 635 US Highway 1
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)
PLANNING AND ZONING ADJUSTMENT BOARD ACTION – January 2, 2024
On a motion by Board Member Kennedy and seconded by Board Member Cross, the Planning,
Zoning and Adjustment Board recommended approval (6 -1 with Board Member Hogarth
dissenting) for the Ordinance as presented by Village Staff.
VILLAGE COUNCIL ACTION (first reading) – January 25, 2024
PUD-2023-005 Page 8 of 8 635 US Highway 1
Exhibit B
Location Map
K:\UST\164243\125-112\20-078-101\20-078-101.DGN 11/22/2022 10:11:14 AMDigitally signed by David C Lidberg DN: c=US, o=LIDBERG LAND SURVEYING, dnQualifier=A01410D0000017D14A5A54C000159A6, cn=David C Lidberg Date: 2022.11.22 10:14:03 -05'00'
DESANO PIZZERIA
Major PUD Amendment
Justification Statement
December 11, 2023
INTRODUCTION | REQUEST
On behalf of the Owner, ASL NPB, LLC., and Applicant, Desano – North Palm Beach LLC, we
are requesting approval of a Waiver/Major PUD Amendment to the approved Commercial
Planned Unit Development per Ordinance No. 2017-07, to permit an 8.7 square-foot accessory
wall sign on the north façade adjacent to a private driveway.
PROJECT CONTACT
All correspondence in connection with this request should be directed to the agents for the
applicant:
AGENT / PLANNER
Cotleur & Hearing
Contact: Donaldson Hearing/Zach Ciciera
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Phone: (561) 747-6336 x 135
OWNER
ASL NPB, LLC.
Contact: Douglas Brawn
1615 Forum Place, Suite 200
West Palm Beach, FL 33401
Phone:
APPLICANT / TENANT
Desano – North Palm Beach LLC
Contact: Scott Desano
PO Box 921144
Norcross, GA 30010 UN
LOCATION
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 US HWY 1, North
Palm Beach, FL 33408.
Desano Pizzeria
Project #: 23-0717
Major PUD Amendment
December 11, 2023
- 2 -
Adjacent
Property
Zoning
District
Future Land Use
Designation
North C-MU C
South C-MU C
East C-MU C
West C-MU C
BACKGROUND
Approved in 2017, the subject 6,000 square foot building reserved for restaurant/retail/office use
lies within the commercial outparcel within the aforementioned 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.
WAIVERS
The applicant is requesting a waiver to Sec. 6-115.2(c) of the Village Code, to permit an accessory
wall sign on the north façade fronting a private driveway and sidewalk. The proposed sign, as
previously mentioned, is measured at 8.7 square-feet, and designed to be consistent with the
restaurant’s theme and color palette. It should be noted that the applicant is unable to obtain
signage on the existing monument sign, therefore this request is a result of that hardship and will
allow the restaurant appropriate signage along US HWY 1, and is in conformance with maximum
sign area requirements set forth in the Village Code.
Desano Pizzeria
Project #: 23-0717
Major PUD Amendment
December 11, 2023
- 3 -
A. The extent to which the alternate standard proposed by the applicant differs from
the code's standard that would be waived.
Signage – The applicant is proposing a small 8.7 square-foot wall sign on the north façade,
consistent with the primary wall signage and the buildings architecture. The north façade
provides direct access to the restaurant, however, it does not front a public street which is
in conflict with Sec. 6-115.C(2)(c).
B. Whether the granting of the waiver will lead to innovative design in which other
minimum standards are exceeded.
Signage – Granting of this waiver will not lead to alterations of other elements of the site.
C. Whether the request clearly demonstrates the public benefits to be derived.
Signage – The building’s location along US-1 complemented with its shallow setback
creates a necessity for additional signage to alert drivers of the restaurant’s entrance. The
signage proposed on the north façade is minimal, calculated at 8.7 square-feet. It should
be noted that the applicant is unable to present signage on the existing monument sign,
thus creating a hardship.
D. Whether the request furthers the goals of the village master plan, and exemplifies
the architectural, building, and site design techniques desired within the Village's
Appearance Plan.
Signage – Although the requested accessory sign is minimal in size, the design is
harmonious with the building and accents the north façade in an appropriate manner.
E. Any unusual circumstances regarding the property or immediate area, including the
location of power lines, specimen trees, or shade trees.
Signage – There are no unusual circumstances affecting the signage request.
F. The effect of approving or denying the waiver on the development project and on
the surrounding area.
Signage – Approval of this request will not have any significant impact on the surrounding
area and will provide appropriate signage on the north façade. Given the inability to utilize
the existing monument sign for tenant signage, approval of this request will allow DeSano
Pizzeria to display (2) total signs as opposed to only one, consistent with surrounding
commercial businesses.
G. Consistency with the comprehensive plan.
Although there are limited objectives, goals, and policies directly applicable to this request;
the requested waiver and the site in its entirety are consistent with the applicable
provisions set forth in the comprehensive plan and does not create conflict with any
provisions.
Desano Pizzeria
Project #: 23-0717
Major PUD Amendment
December 11, 2023
- 4 -
H. How the proposed waiver provides a public benefit.
Signage – The building’s location along US-1 complemented with its shallow setback
creates a necessity for additional signage. Driver’s traveling southbound on US-1 will not
be within reasonable view of the building’s primary sign on the east façade due to the
current setback of the building. The signage proposed on the north façade is minimal,
calculated at 8.7 square-feet. It should be noted that the applicant is unable to present
signage on the existing monument sign, thus creating a hardship.
CONCLUSION
On behalf of the applicant, we look forward to working with staff to address any comments that
may arise as a result of this request.
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
Scott Wood, Building Official
DATE: January 25, 2024
SUBJECT: ORDINANCE 2nd Reading – Adopting Administrative Amendments to the 8th (2023)
Edition of the Florida Building Code
The Florida Building Code is a set of regulations that govern the construction of public and private buildings
in Florida. It is based on national model building codes, national consensus standards, and Florida-specific
provisions. However, some construction-related regulations are exempted by Section 553.73 of the Florida
Statutes. To ensure consistency and uniformity, the Florida Building Code has been aligned with the
Florida Fire Prevention Code maintained by the Department of Financial Services, Office of the State Fire
Marshal.
The Florida Building Code is a collection of nine volumes, including Building, Plumbing, Mechanical, Fuel
Gas, Existing Building, Residential, Energy Conservation, Accessibility, and Test Protocols for High-
Velocity Hurricane Zones. Chapter 27 of the Florida Building Code, Building, includes state regulation for
licensed facilities and adopts the National Electrical Code (NFPA 70) by reference.
In Florida, it is mandatory to update the building and construction codes every three years in all cities and
counties, known as the tri-annual update. The 8th Edition Florida Building Code will be effective on January
1, 2024, and all applications and documentation submitted for a permit from this date must comply with
this new code. Section 553.73(4)(a), Florida Statutes, authorizes a municipality to adopt amendments to
the administrative provisions (Chapter 1) of the Florida Building Code that are specific to that municipality.
These administrative amendments replace the amendments adopted by the Village in 2020 for the prior
(7th) edition of the Florida Building Code.
At its January 11, 2024 meeting, the Village Council unanimously adopted the Ordinance on first reading
without modification.
The Village Attorney has prepared and/or reviewed the attached Ordinance for legal sufficiency.
Recommendation
Village Staff recommends Village Council consideration and approval on second reading of the
attached Ordinance adopting administrative amendments to the 8th (2023) edition of the Florida
Building Code as authorized by state law.
Page 1 of 2
ORDINANCE NO. 2024-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, ADOPTING ADMINISTRATIVE AMENDMENTS TO 4
THE 8TH (2023) EDITION OF THE FLORIDA BUILDING CODE; PROVIDING 5
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 6
AN EFFECTIVE DATE. 7
8
WHEREAS, pursuant to Chapter 553, Florida Statutes, all construction and related activities 9
occurring within the Village are governed by the Florida Building Code; and 10
11
WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes units of local government to adopt 12
amendments to the administrative provisions (Chapter 1) of the Florida Building Code; and 13
14
WHEREAS, Section 6-17(b) of the Village Code recognizes that the Village has amended and 15
supplemented Chapter 1 of the Florida Building Code through administrative amendments; and 16
17
WHEREAS, through the adoption of Ordinance No. 2021-02 on January 28, 2021, the Village 18
Council adopted Administrative Amendments to the 7th (2020) Edition of the Florida Building Code; 19
and 20
21
WHEREAS, due to the statewide adoption of a new edition of the Florida Building Code, the Village 22
Council wishes to adopt Administrative Amendments to the 8th (2023) Edition as authorized by state 23
statute; and 24
25
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 26
of the residents and citizens of the Village of North Palm Beach. 27
28
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 29
NORTH PALM BEACH, FLORIDA as follows: 30
31
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 32
33
Section 2. The Village Council hereby adopts administrative amendments to Chapter 1 of the 8th 34
(2023) Edition of the Florida Building Code, a copy of which are attached hereto and incorporated 35
herein by reference. 36
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Section 3. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 38
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 39
holding shall not affect the remainder of this Ordinance. 40
41
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict with the 42
with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 43
44
Section 5. This Ordinance shall become effective immediately upon adoption. 45
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PLACED ON FIRST READING THIS 11th DAY OF JANUARY, 2024. 1
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2024. 4
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(Village Seal) 7
MAYOR 8
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ATTEST: 11
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VILLAGE CLERK 14
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APPROVED AS TO FORM AND 16
LEGAL SUFFICIENCY: 17
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VILLAGE ATTORNEY 20
VILLAGE OF NORTH PALM BEACH
ADMINISTRATIVE AMENDMENTS TO CHAPTER ONE OF
THE FLORIDA BUILDING CODE 8TH EDITION (2023)
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of ever y
building or structure or any appurtenances connected or attached to such buildings or structures.
Exceptions:
1. Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than
three stories above grade plane in height with a separate means of egress, and their accessory structures not
more than three stories above grade plane in height, shall comply with this Code or the Florida Building Code,
Residential.
2. Code requirements that address snow loads and earthquake protection shall not be utilized or enforced.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.2.2 Residential construction standards or practices which are not covered by Florida Building Code,
Residential volume shall be in accordance with the provisions of Florida Building Code, Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to provide a reasonable level of
safety, public health and general welfare through structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other
hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and
emergency responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code
except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this
jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical
condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for
damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any
component of such, which may occur subsequent to such inspection or permitting.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in
this code shall be considered part of the requirements of this code to the prescribed extent of each such
reference.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from
the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to
gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation
and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation,
alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems,
incinerators and other energy related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration,
repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
101.4.4 Property maintenance. The provisions of the Village of North Palm Beach Code of Ordinances Chapter 15
shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating,
sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The
Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from
the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm
systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters
governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings. The provisions of the Florida Building Code, Existing Building shall apply to matters
governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,
Florida Building Code, Building, and Rule 61-41 F.A.C.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable. Where, in any specific case, different sections of this code specify different
materials, methods of construction or other requirements, the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with
respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements
which do not pertain to and govern the design, construction, erection, alteration, modification, repair or
demolition of public or private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not
administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility,
including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community
colleges, or public education facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every
public and private building, structure or facility or floating residential structure, or any appurtenances connected
or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or
occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building
Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code
as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Sections
553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such
mobile or modular structures. Permits shall be required for structural support and tie-down, electric supply
and all other such utility connections to such mobile or modular structures as required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are
directly involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any
sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used
in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or
palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other
nonwood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled on
site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
(j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional
system.
(k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a
natural person for hunting and which is repaired or reconstructed to the same dimension and condition as
existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year flood plain according to the Federal Emergency Management Agency’s
current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
(l) A drone port as defined in s. 330.41(2).
102.2.1 In addition to the requirements of Sections 553.79 and 553.80, Florida Statutes, facilities subject to the
provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans
reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal
government.
102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to
be brought into compliance with the state minimum building code in force at the time the building or structure is
moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational
and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if
required by the Florida Building Code, Building for all residential buildings or structures of the same
occupancy class.
Florida Building Code, Existing Building Chapter 13 contains additional requirements for Relocated or Moved
Buildings)
102.2.3 The building official shall apply the same standard to a moved residential building or structure as that
applied to the remodeling of any comparable residential building or structure to determine whether the moved
structure is substantially remodeled. The cost of the foundation on which the moved building or structure is
placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or
structure has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and
Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state -owned
buildings and boilers.
102.2.5 Each enforcement district or local enforcement agency shall be governed by a board, the composition of
which shall be determined by the affected localities.
1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the
owner of a single-family residence one or more exemptions from the Florida Building Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided
any addition, alteration or repair shall not exceed 1,000 square feet (93 m2) or the square footage of the
primary structure, whichever is less.
b. Addition, alteration, or repairs by a nonowner within a specific cost limitation set by rule, provided the
total cost shall not exceed $5,000 within any 12-month period.
c. Building plans review and inspection fees.
2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in
mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement
agency has determined that the work, which is otherwise exempt, does not constitute a substantial
improvement, including the repair of substantial damage, of such single-family residences.
3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10
days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement
district or local enforcement agency implementing it.
102.2.6 This section does not apply to swings and other playground equipment accessory to a one - or two-family
dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this
code.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically
identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part
of the requirements of this code to the prescribed extent of each such reference and as further regulated in
Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the
provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or
standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section 101.4,
the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over
the provisions in the referenced code or standard.
102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall
not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall
be permitted to continue without change, except as otherwise specifically provided in this code, the Florida
Building Code, Existing Building, Village of North Palm Beach Code of Ordinances Chapter 15 or the Florida Fire
Prevention Code.
102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously
occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion
shall comply with the provisions of the Florida Building Code, Building or Florida Building Code, Residential, as
applicable, for new construction or with any current permit for such occupancy.
102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this
code shall be permitted to continue without change, except as otherwise specifically provided in this code, the
Florida Fire Prevention Code, Chapter 15 of the North Palm Beach Code of Ordinances or as is deemed necessary
by the building official for the general safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate
wind speed map. If the existing building was manufactured in compliance with the Standard Building Code
(prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing
building was manufactured in compliance with the Florida Building Code (on or after March 1, 2002), the wind
speed map of the Florida Building Code shall be applicable.
(3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable.
102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical
equipment located on or above the surface of a roof be installed in compliance with the requirements of the
Florida Building Code except during reroofing when the equipment is being replaced or moved and is not in
compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
BUILDING DIVISION
103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof
shall be known as the building official.
103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the
appointing authority, the building official shall have the authority to appoint a deputy building official, the related
technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as
delegated by the building official.
For the maintenance of existing properties, see the Village of North Palm Beach Code of Ordinances Chapter 15
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt po licies and
procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall
be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect
of waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall receive applications, review construction documents
and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the
premises for which such permits have been issued and enforce compliance with the provisions of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in
flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other
improvement of existing buildings or structures located in flood hazard areas, the building official shall determine
if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building
official determines that the proposed work constitutes substantial improvement or repair of substantial damage,
and where required by this code, the building official shall require the building to meet the requirements of
Section 1612 or R322 of the Florida Building Code, Residential, as applicable.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance
with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have
the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall
be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.
The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the appointing authority.
104.5 Identification. The building official shall carry proper identification when inspecting structures or premises
in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where
the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition
which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or
hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or
to perform the duties imposed by this code, provided that if such structure or premises be occupied that
credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner or other person having charge or control
of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the
remedies provided by law to secure entry.
104.7 Department records. The building official shall keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be
retained in the official records for the period required for retention of public records per FS 119.
104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement
of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, s hall not thereby be civilly or criminally rendered liable
personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of official duties . Any suit instituted against an
officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative of the jurisdiction until the fin al
termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall
be defended by legal representatives of the jurisdiction until the final termi nation of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in
pursuance of the provisions of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official
shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for
new materials is permitted. Used equipment and devices shall not be reused unless approved by the building
official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,
the building official shall have the authority to grant modifications for individual cases, upon application of the
owner or owner’s representative, provided th e building official shall first find that special individual reason makes
the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this
code and that such modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and entered in the files of the
department of building safety.
104.10.1 Flood hazard areas. The building official shall coordinate with the floodplain administrator to review
requests submitted to the building official that seek approval to modify the strict application of the flood resistant
construction requirements of the Florida Building Code to determine whether such requests require the granting
of a variance pursuant to Section 117.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are
not intended to prevent the installation of any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has been approved. An alternative material,
design or method of construction shall be approved where the building official finds that the proposed alternative
meets all of the following:
1. The alternative material, design or method of construction is satisfactory and complies with the intent of the
provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less than the equivalent of that
prescribed in this code as it pertains to the following:
2.1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. Safety.
Where the alternative material, design or method of construction is not approved, the building official shall
respond in writing, stating the reasons why the alternative was not approved.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies
not specifically provided for in this code, shall consist of valid research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or
evidence that a material or method does not conform to the requirements of this code, or in order to substantiate
claims for alternative materials or methods, the building official shall have the authority to require tests as
evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this
code or by other recognized test standards. In the absence of recognized and accepted test methods, the building
official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such
tests shall be retained by the building official for the period required for retention of public records.
104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper
operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the
public safety, health and general welfare, not specifically covered by t his or other technical codes, shall be
determined by the building official.
SECTION 105
PERMITS
105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move,
demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be performed, shall first make application to the
building official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas,
mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an
annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations
of service systems or manufacturing equipment installations/relocations. The building official shall be notified of
major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit
application shall contain a general description of the parameters of work intended to be performed during the
year.
105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit. The building official shall have access to such records at all
times or such records shall be filed with the building official as designated.
105.1.3 Food permit. In accordance with Section 500.12, Florida Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop,
or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating
permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued
until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit
application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may
confer with the Department of Health, if necessary, but may not delay the building permit application review
while awaiting comment from the Department of Health.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this
section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida
Building Code, and requirements of the local floodplain management ordinance. Permits shall not be required for
the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided
the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 7 feet (1829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the
top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity do es not exceed 5,000 gallons (18 925 L) and the ratio
of height to diameter or width does not exceed 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement
or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep,
do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwelling except for the
electrical service.
12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the
exterior wall and do not require additional support, of Groups R-3 and U occupancies.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in
height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment
used for radio and television transmissions, but do apply to equipm ent and wiring for a power supply and the
installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required
for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by
motors of 1 horsepower (0.75 kW) or less.
8. The installation, replacement, removal or metering of any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap,
drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and
replace the same with new material, such work shall be considered as new work and a permit shall be
obtained and inspection made as pro- vided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency
situation, the permit application shall be submitted within the next working business day to the building official.
105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a
permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or load-bearing support, or the removal or change of any required means of
egress, or rearrangement of parts of a structure affecting the egress requirement s; nor shall ordinary repairs
include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work
affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical
codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of
generation, transmission, distribution or metering or other related equipment that is under the ownership and
control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a
form furnished by the building department for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and
must comply with the requirements of Sections 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of that date. For a
building permit for which an application is submitted prior to the effective date of the Florida Building Code,
the state minimum building code in effect in the permitting jurisdiction on the date of the application governs
the permitted work for the life of the permit and any extension granted to the permit.
Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its
website. Completed applications must be able to be submitted electronically to the appropriate building
department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of
applications in portable document format or submission of applications through an electronic fill-in form
available on the building department’s website or through a third -party submission management software.
Payments, attachments, or drawings required as part of the application may be submitted in person in a
nonelectronic format, at the discretion of the building official.
105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits
and amendments thereto within a reasonable time after filing. If the application or the construction documents do
not conform to the requirements of pertinent laws, the building official shall reject such application in writing,
stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the
requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit
therefor as soon as practicable. When authorized through contractual agreement with a school board, in acting on
applications for permits, the building official shall give first priority to any applications for the construction of, or
addition or renovation to, any school or educational facility.
105.3.1.1 If a state university, Florida college or public school district elects to use a local government’s code
enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on
buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance
with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the
following documents which apply to the construction for which the permit is to be issued and which shall be
prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250
fixture units or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which
contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a
new fire protection system of 49 or fewer sprinklers; may design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation, addition or deletion of 249 or fewer sprinklers and the
addition of up to 49 sprinklers, as long as the cumulative total number of fire sprinklers being added,
relocated, or deleted does not exceed 249, notwithstanding the size of the existing fire sprinkler system; or
may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation or
deletion of 249 or fewer sprinklers, notwithstanding the size of the existing fire sprinkler system, if there is no
change of occupancy of the affected areas, as defined in this Code and the Florida Fire Prevention Code, and
there is no change in the water demand as defined in NFPA 13, “Standard for the Installation of Sprinkler
Systems,” and if the occupancy hazard classification as defined in NFPA 13 is reduced or remains the same as
a result of the alteration.
3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more
than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the
system costs more than $125,000. This paragraph does not include any document for the replacement or
repair of an existing system in which the work does not require altering a structural part of the building or for
work on a residential one-, two-, three-, or four-family structure.
An air-conditioning system may be designed by an installing air-conditioning contractor certified under
Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than
100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per
system or less is designed for a singular space of a building and each 15-ton system or less has an
independent duct system. Systems not complying with the above require design documents that are to be
sealed by a professional engineer.
Example 1: When a space has two 10-ton systems with each having an independent duct system, the
contractor may design these two systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single-story office building which consists of six individual offices where each
office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a
single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000
and the office building accommodates fewer than 100 persons. Because the six mechanical units are
connected to a common water tower, this is considered to be an 18 -ton system.
Note: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply
to the building occupancy load and the cost for the total air-conditioning system of the building.
4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes
a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which
costs more than $5,000.
Exception:
Simplified permitting processes.
(1) As used in this section, the term:
(a) "Component" means valves, fire sprinklers, escutcheons, hangers, compressors, or any other
item deemed acceptable by the local enforcing agency. For purposes of this paragraph, a valve
does not include pressure-regulating, pressure-reducing, or pressure-control valves.
(b) “Contractor” means a person who:
1. Is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate
or registration issued by the department under part II of chapter 489, Florida Statutes; or
2. Is qualified to engage in the business of fire protection system contracting pursuant to a
license or certificate issued by the State Fire Marshal.
(c) “Fire alarm system project” means a fire alarm system alteration o f a total of 20 or fewer initiating
devices and notification devices, or the installation or replacement of a fire communicator connected
to an existing fire alarm control panel in an existing commercial, residential, apartment, cooperative,
or condominium building.
(d) "Fire sprinkler system project" means a fire protection system alteration of a total of 20 or
fewer fire sprinklers in which the sprinklers are of the same K-factor and located in spaces where
there is no change of hazard classification or increased system coverage area, or the installation
or replacement of an equivalent fire sprinkler system component in an existing commercial,
residential, apartment, cooperative, or condominium building. For purposes of this paragraph, a
component is equivalent if the component has the same or better characteristics, including
electrical, hydraulic, pressure losses, and required listings and spacing as the component being
replaced.
(2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a permit for a fire alarm
system project or fire sprinkler system project, to submit a completed application and payment.
(b) A local enforcement agency may not require a contractor to submit plans or specifications as a condition
of obtaining a permit for a fire alarm system project or fire sprinkler system project.
(3) A local enforcement agency must issue a permit for a fire alarm system project or fire sprinkler system project
in person or electronically.
(4) A local enforcement agency must require at least one inspection of a fire alarm system project or fire
sprinkler system project to ensure compliance with applicable codes and standards. If a fire alarm system
project or fire sprinkler system project fails an inspection, the contractor must take corrective action as
necessary to pass inspection.
(5) (a) For a fire sprinkler alarm system project, a contractor must keep a copy of the plans and specifications at
the fire alarm system project worksite and make such plans and specifications available to the inspector at
each inspection.
(b) For a fire sprinkler system project to alter an existing fire protection system, a contractor
must keep a copy of the plans and specifications at the fire sprinkler system project worksite and
make such plans and specifications available to the inspector at each inspection.
(c) For a fire sprinkler system project to install or replace a component, a contractor must keep a
copy of the manufacturer's installation instructions and any pertinent testing instructions needed
to certify or accept the component at the fire sprinkler system project worksite and make such
documents available to the inspector at each inspection.
5. Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air-conditioning and
refrigeration system meeting the following thresholds are required to be designed by a Florida Registered
Engineer. The system, requires an electrical system with a value of over $125,000; and Requires an aggregate
service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240
volts) on a commercial or industrial electrical system;
Note: It was further clarified by the Commission that the limiting factor of 24 0 volt or over is required to be
designed by an Engineer. Documents requiring an engineer seal by this part shall not be valid unless a
professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such
document as provided in Section 471.025, Florida Statutes.
6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida
Statutes.
105.3.1.3 Reviewing application for building permit.
1. When reviewing an application for a building permit, a local government may not request additional information
from the applicant more than three times, unless the applicant waives such limitation in writing.
2. If a local government requests additional information from an applicant and the applicant submits the requested
additional information to the local government within 30 days after receiving the request, the local government
must, within 15 days after receiving such information:
a. Determine if the application is properly completed;
b. Approve the application;
c. Approve the application with conditions;
d. Deny the application; or
e. Advise the applicant of information, if any, that is needed to deem the application properly completed or
to determine the sufficiency of the application.
3. If a local government makes a second request for additional information from the applicant and the applicant
submits the requested additional information to the local government within 30 days after receiving the
request, the local government must, within 10 days after receiving such information:
a. Determine if the application is properly completed;
b. Approve the application;
c. Approve the application with conditions;
d. Deny the application; or
e. Advise the applicant of information, if any, that is needed to deem the application properly completed or
to determine the sufficiency of the application.
4. Before a third request for additional information may be made, the applicant must be offered an opportunity
to meet with the local government to attempt to resolve outstanding issues. If a local government makes a third
request for additional information from the applicant and the applicant submits the requested additional
information to the local government within 30 days after receiving t he request, the local government must,
within 10 days after receiving such information unless the applicant waived the local government's limitation in
writing, determine that the application is complete and:
a. Approve the application;
b. Approve the application with conditions; or
c. Deny the application.
5. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or
other legal authority, the local government, at the applicant's request, must process the a pplication and either
approve the application, approve the application with conditions, or deny the application.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have
been abandoned becoming null and void 180 days after the date of filing, unless such application has been
pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in
writing and justifiable cause demonstrated.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration,
modification, repair or addition unless the permit either includes on its face or there is attached to the permit the
following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions
applicable to this property that may be found in the public records of this county, and there may be additional
permits required from other governmental entities such as water management districts, state agencies, or federal
agencies.”
105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of
application therefor unless unusual circumstances require a longer time for processing the application or unless the
permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida
Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof
that it has secured compensation for its employees as provided in Sections 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building
where the owner occupies the building, the building is not for sale or lease, and the work is performed according
to the owner-builder limitations provided in this paragraph. To qua lify for exemption under this paragraph, an
owner must personally appear and sign the building permit application. The permitting agency shall provide the
person with a disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have
applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to
act as your own asbestos abatement contractor even though you do not have a license. You must supervise the
construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential
building where you occupy the building and the building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is
complete, the law will presume that you intended to sell or lease the property at the time the work was done,
which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must
be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects.
It is your responsibility to make sure that people employed by you have licenses required by state law and by
county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all
buildings designed and approved prior to the effective date of a new code edition, provided a clear signed
contract is in place. The contract shall provide specific data mirroring that required by an application for permit,
specifically, without limitation, date of execution, building o wner or dealer, and anticipated date of completion.
However, the construction activity must commence within 6 months of the contract’s execution. The contract is
subject to verification by the Department of Business and Professional Regulation.
105.3.8 A local government may not require a contract between a builder and an owner for the issuance of a
building permit or as a requirement for the submission of a building permit application.
105.3. 9 Public right of way. A permit shall not be given by the building official for the construction of any
building, or for the alteration of any building where said building is to be changed and such change will affect the
exterior walls, bays, balconies, or other appendages or projections fronting on any street, a lley or public lane, or
for the placing on any lot or premises of any building or structure removed from another lot or premises, unless
the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or
public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or
an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction.
Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not
prevent the building official from requiring the correction of errors in the construction documents and other data.
The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or
of any other ordinance of this jurisdiction.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a
permit prevent the building official from thereafter requiring a correction of errors in plans, construction or
violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 6 months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of
progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void,
the building official is authorized to require that any work which has been commenced or completed be removed
from the building site. Alternately, a new permit may be issued on application, providing the work in place and
required to complete the structure meets all applicable regulations in effect at the time the initial permit became
null and void and any regulations which may have become effective between the date of expiration and the date
of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection
within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building
work is halted due directly to judicial injunction, order or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative
authority.
105.4.1.5 After the local enforcing agency issues a permit, the local enforcing agency may not make or
require any substantive changes to the plans or specifications except changes required for compliance
with the Florida Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or local
amendments thereto. If a local enforcing agency makes or requires substantive changes to the plan s or
specifications after a permit is issued, the local enforcing agency must identify the specific plan features
that do not comply with the applicable codes, identify the specific code chapters and sections upon which
the finding is based, and provide the information to the permitholder in writing.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit
is commenced within 180 days after its issuance, or if the work authorized on the site by such permit holder and
property owner shall be responsible to either complete all work in accordance with the permitted plans and
inspection or remove any partially completed work in a safe and code compliant manner. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated as determined by the building official.
105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property
owner, regardless of whether the property owner is the one listed on the application for the building permit, may
close a building permit by complying with the following requirements:
1. The property owner may retain the original contractor listed on the permit or hire a different contractor
appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and
to obtain any necessary inspection in order to close the permit. If a contractor other than the original
contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable
for any defects in the work performed by the original contractor and is only liable for the work that he or she
performs.
2. The property owner may assume the role of an owner- builder, in accordance with Sections 489.103(7) and
489.503(6), Florida Statutes.
3. If a building permit is expired and its requirements have been substantially completed, as determined by the
local enforcement agency, the permit may be closed without having to obtain a new building permit, and the
work required to close the permit may be done pursuant to the building code in effect at the time the local
enforcement agency received the application for the permit, unless the contractor has sought and received
approval from the local enforcement agency for an alternative material, design or method of construction.
4. A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the
absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard
exists.
For purposes of this section, the term “close” means that the requirements of the permit have been satisfied.
105.5.2 For the purposes of this subsection, a closed permit shall mean a permit for which all requirements for
completion have been satisfied or a permit that has been administratively closed by the building official.
105.5.3 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all
requirements for completion as defined in 105.5.1.1.
105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,
or the construction, erection, alteration, modification, repair, or demolition of a building, is fo und by the local
enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify
the specific plan or project features that do not comply with the applicable codes, identify the specific code
chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the
local building code administrator or inspector finds that the plans are not in compliance with the Florida Building
Code, the local building code administrator or inspector shall identify the specific plan features that do not comply
with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and
provide this information to the local enforcing agency. The local enforcing agency shall provide this information to
the permit applicant.
105.6.1 Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a
building permit to; issue a notice of violation to; or fine, penalize, sanction or assess fees against an arm’s -length
purchaser of a property for value solely because a building permit applied for by a previous owner of the property
was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner
and contractor listed on the permit.
105.6.2 Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a
building permit to a contractor solely because the contractor is listed on other building permits that were not
closed. A local enforcement agency has the authority to deny a new permit application from an applicant for other
reasons.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion
of the project.
105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies
for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than
14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR
NOTICE OF COMMENCEMENT.”
105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an
existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s
responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of
Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state
and federal law.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board
shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,
providing a copy for the person the permit is issued to and another copy for the building permit files. The
treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment,
site location, area treated, chemical used, percent concentration and number of gallons used, to establish a
verifiable record of protective treatment. If the soil chemical bar rier method for termite prevention is used, final
exterior treatment shall be completed prior to final building approval.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need
for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater
or electric panel.
105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated
in the building permit application and plan may be started prior to the final approval and issuance of the permit,
provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the
first required inspection.
105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is
authorized to issue a permit for the construction of foundations or any other part of a building or structure before
the construction documents for the whole building or structure have been submitted. The holder of such permit
for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building
operation and without assurance that a permit for the entire structure will be granted. Corrections may be
required to meet the requirements of the technical codes.
105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or
whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the
building official, are hazardous or complex, the building official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be
responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and
upon completion make and file with the building official written affidavit that the work has been done in
conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such
architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose
qualifications are reviewed by the building official. The building official shall ensure that any person conducting
plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person
conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes.
105.14.1 Affidavits in flood hazard areas. Permit issued on basis of an affidavit shall not extend to the flood load
and flood resistance requirements of the Florida Building Code and the building official shall review an inspect
those requirements.
105.15 Opening protection. When any activity requiring a building permit, not including roof covering
replacement or repair work associated with the prevention of degradation of the residence, that is applied for on
or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached
residential structure that is located in the wind-borne debris region as defined in this code and that has an insured
value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for
which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad
valorem taxation of $750,000 or more; opening protections as required within this code or Florida Building Code,
Residential for new construction shall be provided.
Exception: Where defined wind-borne debris regions have not changed, single family detached residential
structures permitted subject to the Florida Building Code are not required to comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may
not require as a condition of issuance of a one- or two-family residential building permit the inspection of any
portion of a building, structure, or real property that is not directly impacted by the construction, erection,
alteration, modification, repair, or demolition of the building, structure, or real property for which the permit
is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in s. 161.54, Florida Statutes or as defined in the Florida Building
Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to s. 553.507(2)(a), Florida Statutes
or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector,
or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection
conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly
impacted by the construction, erection, alteration, modification, repair, or demolition of the building,
structure, or real property for which the permit is sought in accordance with the prohibition in paragraph
(a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other person
having control of the building, structure, or real property has voluntarily consented to the inspection of
that portion of the building, structure, or real property in accordance with the prohibition in paragraph
(a).
4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued
in accordance with ss. 933.20-933.30, Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section, the term:
(a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system
contracting pursuant to a certificate or registration issued by the department under Part II of Chapter
489, Florida Statutes.
(b) “Low-voltage alarm system project” means a project related to the installation, maintenance, inspection,
replacement, or service of a new or existing alarm system, as defined in s. 489.505, Florida Statutes,
including video cameras and closed-circuit television systems used to signal or detect a burglary, fire,
robbery, or medical emergency, that is hardwired and operating at low voltage, as defined in the
National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence. The
term also includes ancillary components or equipment attached to a low-voltage alarm system, or low-
voltage electric fence, including, but not limited to, home-automation equipment, thermostats, closed-
circuit television systems, access controls, battery recharging devices, and video cameras.
(c) “Low-voltage electric fence” means an alarm system, as defined in s. 489.505, that consists of a fence
structure and an energizer powered by a commercial storage battery not exceeding 12 volts which
produces an electric charge upon contact with the fence structure.
(d) “Wireless alarm system” means a burglar alarm system or smoke detector that is not hardwired.
(2) Notwithstanding any provision of this code, this section applies to all low -voltage alarm system projects for
which a permit is required by a local enforcement agency. However, a permit is not required to install,
maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or
equipment attached to the system.
(3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low-voltage
alarm system project and no further permit shall be required for the low-voltage alarm system project other
than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set
forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission
Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low- voltage
electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of
not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single - family or
multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential
purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required.
(5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to
be used for the installation or replacement of a new or existing alarm system at a cost as indicated in s.
553.793, Florida Statutes. The local enforcement agency may not require the payment of any additional fees,
charges, or expenses associated with the installation or replacement of a new or existing alarm.
(a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit
information other than identification information of the licensee and proof of registration or certification
as a contractor.
(b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the
local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more
unspecified current or future projects.
(6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the
low-voltage alarm system project site before commencing work on the project.
(7) A contractor is not required to notify the local enforcement agency befo re commencing work on a low-
voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage Alarm
System Project as provided under subsection (7) to the local enforcement agency within 14 days after
completing the project. A local enforcement agency may take disciplinary action against a contractor who
fails to timely submit a Uniform Notice of a Low -Voltage Alarm System Project.
(8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if
all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons.
The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format prescribed by the local
enforcement agency and must comply with the requirements of s. 553.793(7), Florida Statutes.
(9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low -voltage
alarm system to ensure compliance with applicable codes and standards. If a low-voltage alarm system
project fails an inspection, the contractor must take corrective action as necessary to pass inspection.
(10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any
ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section.
(11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of
an alarm system that was permitted in accordance with this section.
The provisions of this act are not intended to impose new or additional licensure requirements on persons
licensed in accordance with the applicable provisions of Chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live
loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the
owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to
remove or deface such notices.
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued
until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of
a building, structure or portion thereof, a load greater than is permitted by thi s code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special inspections,
geotechnical report and other data shall be submitted with each permit application in accordance with Florida
Statute 553.79. The construction documents shall be prepared by a registered design professional where required
by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1
Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other
data not required to be prepared by a registered design professional if it is found that the nature of the work
applied for is such that review of construction documents is not necessary to obtain compliance with this
code.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through
107.2.6.
107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon
suitable material. Electronic media documents are permitted to be submitted where approved by the building
official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the
work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the building official. Such drawings and specifications shall contain
information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to
conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited
as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information.
All information, drawings, specifications and accompanying data shall bear the name and signature of the person
responsible for the design.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submit- ted
to indicate conformance to this code and the construction documents and shall be approved prior to the start of
system installation. Shop drawings shall contain all information as required by the referenced installation
standards in Chapter 9.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size
and character of all portions of the means of egress including the path of the exit discharge to the public way in
compliance with the provisions of this code. In other than occupancies in Groups R -2, R-3, and I-1, the
construction documents shall designate the number of occupants to be accommodated on every floor, and in all
rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope
in sufficient detail to determine compliance with this code. The construction documents shall provide details of
the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end
details, control joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane and
details around openings.
The construction documents shall include manufacturer’s installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe
107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are
exposed to water from direct or blowing rain or irrigation, and the structural framing is protected by an
impervious moisture barrier, the construction documents shall include details for all elements of the impervious
moisture barrier system. The construction documents shall include manufacturer's installation instructions.
107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by
a site plan showing to scale the size and location of new construction and existing structures on the site, distances
from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard
areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line
survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size
of existing structures and construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is for alteration or repair or
where other- wise warranted.
107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in
accordance with Section 1612.3.1.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the
form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a
duly authorized representative, as required by the Florida Building Code.
107.2.7 Structural information. The construction documents shall provide the information specified in Section
1603.
107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying
submittal documents and shall ascertain by such examinations whether the construction indicated and described
is in accordance with the requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured
buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating
to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject
to local permitting and inspections. Photocopies of plans approved according to Rule 61 -41.009, Florida
Administrative Code, shall be sufficient for local permit application documents of record for the modular
building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately
licensed design and inspection professionals and which contain adequate in-house fire departments and
rescue squads is exempt, subject to approval by the building official, from review of plans and inspections,
providing the appropriate licensed design and inspection professionals certify that applicable codes and
standards have been met and supply appropriate approved drawings to local building and fire -safety
inspectors.
107.3.1 Approval of construction documents. When the building official issues a permit, the construction
documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction
documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized
representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise law- fully
authorized, and the construction of which has been pursued in good faith within 180 days after the effective date
of this code and has not been abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or
any other part of a building or structure before the construction documents for the whole building or structure
have been submitted, provided that adequate information and detailed statements have been filed complying
with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building
or structure shall proceed at the holder’s own risk with the building operation and without assurance that a
permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a
registered design professional, the building official shall be authorized to require the owner or the owner’s
authorized agent to engage and designate on the building permit application a registered design professional who
shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the
owner’s authorized agent shall designate a successor registered design professional in responsible charge who
shall perform the duties required of the original registered design professional in responsible charge. The building
official shall be notified in writing by the owner or owner’s authorized agent if the registered design professional
in responsible charge is changed or is unable to continue to perform the duties. Successor registered design
professional in responsible charge licensed under Chapter 471 Florida Statutes shall comply with Section
471.025(4) Florida Statute and the procedure set forth in 61G15 -27.001 Florida Administrative Code; or licensed
under Chapter 481 Florida Statutes shall comply with Section 481.221(6) Florida Statute and the procedure set
forth in 61G1-18.002 Florida Administrative Code.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating
submittal documents prepared by others, including phased and deferred submittal items, for compatibility with
the design of the building.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions
of the design that are not submitted at the time of the application and that are to be submitted to the building
official.
Deferral of any submittal items shall have the prior approval of the building official. The registered design
professional in responsible charge shall list the deferred submittals on the construction documents for review by
the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible
charge who shall review them and forward them to the building official with a notation indicating that the
deferred submittal documents have been reviewed and found to be in general conformance to the design of the
building. The deferred submittal items shall not be installed until the deferred submittal documents have been
approved by the building official.
107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes,
shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida
Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for plans review for permitting purposes
relating to compliance with the wind- resistance provisions of the code or alternate methodologies approved by
the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon
such certification by contractors that the plans and specifications submitted conform to the requirements of the
code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or
reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official
shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
framing plan or truss layout; all fenestration and building envelope penetrations; flashing; and rough opening
dimensions; and all exterior elevations:
Commercial Buildings:
Building:
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined (with cross check with the
energy code submittal).
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fireblocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram.
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood
damage- resistant materials
Wall systems Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster Insulating (mechanical)
Roofing
Insulation
Building envelope portions of the Energy Code (including calculation and mandatory requirements)
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation (including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
14. Location and installation details. The specific location and installation details of each fire door, fire
damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans
by the designer.
Electrical:
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code (including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing:
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements)
Mechanical:
1. Mechanical portions of the Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
Gas:
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including calculation and mandatory requirements)
Demolition:
1. Asbestos removal
Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines) Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke and/or carbon monoxide alarm/detector locations
5. Egress:
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials connector tables wind
requirements structural calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,
and flood damage- resistant materials
7. Accessibility requirements:
Show/identify
Accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including calculation and mandatory requirements)
Manufactured buildings/housing:
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Flood
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions: Plans examination by the building official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.
2. Reroofs
3. Minor electrical, plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans:
Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings on site and as
listed above in manufactured buildings/housing.
107.4 Amended construction documents. Work shall be installed in accordance with the approved construction
documents, and any changes made during construction that are not in compliance with the approved construction
documents shall be resubmitted for approval as an amended set of construction documents.
107.5 Retention of construction documents. One set of approved construction documents shall be retained by the
building official for a period of not less than 180 days from date of completion of the permitted work, or as
required by state or local laws.
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating
that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that
the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by
drawings, show the structural design and that the plans and design conform to the requirements of the technical
codes as to strength, stresses, strains, loads and stability. The building official may without any examination or
inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to
the building official copies of inspection reports as inspections are performed and upon completion of the
structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas,
mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.
Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for
compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official
shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter
468, Florida Statutes, and that any person con- ducting inspections is qualified as a building inspector under Part
XII of Chapter 468, Florida Statutes.
107.6.1 Building permits issued in flood hazard areas on the basis of an affidavit. Pursuant to the requirements
of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the
authority granted to the building official to issue permits, to rely on inspections, and to accept plans and
construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6,
shall not extend to the flood load and flood -resistance construction requirements of the Florida Building Code.
107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes. For a building or structure in a flood
hazard area, the building official shall review any affidavit certifying compliance with the flood load and flood -
resistant construction requirements of the Florida Building Code.
107.7 If the local building code administrator or inspector finds that the plans are not in compliance with
the Florida Building Code, the local building code administrator or inspector shall identify the specific plan
features that do not comply with the applicable codes, identify the specific code chapters and sections
upon which the finding is based, and provide this information to the local enforcing agency. If the building
code administrator, plans examiner, or inspector requests another local enforcing agency employee or a
person contracted by the local enforcing agency to review the plans and that employee or person
identifies specific plan features that do not comply with the applicable codes, the building code
administrator, plans examiner, or inspector must provide this information to the local enforcing agency.
The local enforcing agency shall provide this information to the permit applicant.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses.
Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building
official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103.
108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use
power in part of an electric installation before such installation has been fully completed and the final certificate
of completion has been issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat or power in NFPA 70.
108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary
structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any, has been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as
established by the applicable governing authority.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
1. Permits;
2. Plans examination;
3. Certificates of competency (including fees for applications, examinations, renewal, late renewal, and
reciprocity);
4. Re-inspections;
5. Administrative fees (including fees for investigative and legal costs incurred in the context of certain
disciplinary cases heard by the board);
6. Variance requests;
7. Administrative appeals;
8. Violations; and
9. Other fees as established by local resolution or ordinance.
109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of
application. Permit valuations shall include total value of work, including materials and labor, for which the permit
is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion
of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the
applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation
shall be set by the building official.
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure,
electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval
from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the
building official that shall be in addition to the required permit fees or as provided by local ordinance. This
provision shall not apply to emergency work when delay would clearly have placed life or property in imminent
danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any
unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a
double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first
obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has
been demonstrated in writing.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done
in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or
holder of the permit from the payment of other fees that are prescribed by law.
109.6 Refunds. The building official is authorized to establish a refund policy.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building
official and such construction or work shall remain exposed and provided with access for inspection purposes until
approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate
or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty
of the owner or the owner’s authorized agent to cause the work to remain exposed and provided with access for
inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a
Florida licensed professional surveyor and mapper whenever the boundary lines cannot be readily determined in
the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or
cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record
shall be made of every such examination and inspection and of all violations of the technical codes.
110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by
Section 110. He or she may accept reports of department inspectors, independent inspectors or of recognized
inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and
reliability. A certificate required by any provision of this code shall not be based on such reports unless the same
are recorded by the building code inspector or the architect or engineer performing building code inspections in a
manner specified by the building official. The building official shall ensure that all persons making such
inspections shall be certified in accordance to Chapter 468 Florida Statues; or licensed under Chapter 471 or 481
Florida Statutes.
110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be
examined buildings, structures and sites for which an application has been filed.
110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall
make the following inspections, or any other such inspection as deemed necessary and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which must be
corrected in order to comply with the technical codes. The building official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each inspection.
Building
1. Foundation inspection. To be made after trenches are excavated , any required reinforcing steel is in place,
forms erected and shall at a minimum include the following building components:
Stem-wall
Monolithic slab-on-grade
Piling/pile caps
Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in -slab or under-floor
reinforcing steel and building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
1.2. A foundation/form board survey prepared and certified by a Florida licensed professional surveyor and
mapper may be required, prior to approval of the slab inspection. The survey shall certify placement of
the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site
for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all
property line markers and string-up all property lines in preparation for inspection.
1.3. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further
vertical construction, the elevation certification shall be submitted to the building official.
2. Framing inspection. To be made after the roof, all framing, fireblocking and bracing is in place, all concealing
wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing, heating wires,
pipes and ducts are approved and shall at a minimum include the following building components:
Window/door framing
Window U-factor/SHGC (as indicated on approved energy calculations)
Vertical cells/columns
Lintel/tie beams
Framing/trusses/bracing/connectors (including truss layout and engineered drawings)
Draftstopping/fireblocking
Curtain wall framing
Energy insulation (Insulation R-factor as indicated on approved energy calculations)
Accessibility
Verify rough opening dimensions are within tolerances.
Window/door buck attachment
2.1 Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place,
according to approved energy calculation submittal. Includes wall and ceiling insulation.
2.2 Lath and gypsum board inspection for fire-resistance rated or shear assemblies. Lath and gypsum board
inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before
any plastering is applied or gypsum board joints and fasteners are taped and finished.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of
the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include
the following building components:
Roof sheathing
Wall sheathing
Continuous air barrier
Exterior siding/cladding
Sheathing fasteners
Roof/wall dry-in
Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and
properly reinstalled prior to installation of the dry-in material.
4. Exterior wall coverings. Shall at a minimum include the following building components in progress
inspections:
Exterior wall coverings and veneers
Soffit coverings
5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following building
components:
Dry-in
Insulation
Roof coverings (including In Progress as necessary)
Insulation on roof deck (according to submitted energy calculation)
Flashing
5.1 Re-roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing
contractor for the installation of additional sheathing fasteners as required by the Existing Building Code
may be accepted at the discretion of the building official.
6. Final inspection. To be made after the building is completed and ready for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor elevation or
the elevation to which a building is dry floodproofed, as applicable, shall be submitted to the authority having
jurisdiction.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete.
1. Steel reinforcement inspection
2. Underground electric inspection
3. Underground piping inspection including a pressure test.
4. Underground electric inspection under deck area (including the equipotential bonding)
5. Underground piping inspection under deck area
6. Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any
reinforcement in place
7. Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain
covers installed and the final barriers installed.
8. Final pool piping
9. Final Electrical inspection
10. Final inspection to be made when the swimming pool is complete and all required enclosure
requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool must
meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
8. Demolition inspections. First inspection to be made after all utility connections have been di s- connected and
secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition
operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building department shall inspect construction of foundations;
connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the
modules, including utility cross- overs; utility connections from the building to utility lines on site; and any
other work done on site which requires compliance with the Florida Building Code. Additional inspections may
be required for public educational facilities (see Section 453.27.20 of this code).
10. Where impact-resistant coverings or impact-resistant systems are installed, the building official shall schedule
adequate inspections of impact- resistant coverings or impact-resistant systems to determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and
before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the
installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and
properly connected or protected, and the structure is ready for occupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical
equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any
backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste
and vent piping is complete, and prior to this installation of wall or ceiling membranes.
Includes plumbing provisions of the energy code and approved energy calculation provisions.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly
connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel
piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing are in place and all ducting,
and other concealed components are complete, and prior to the installation of wall or ceiling membranes.
Includes mechanical provisions of the energy code and approved energy calculation provisions.
3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly
connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and
before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.
Includes gas provisions of the energy code and approved energy calculation provisions.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all
portions which are to be concealed by plastering or otherwise have been so concealed, and before any
fixtures or gas appliances have been connected. This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing
systems as may be affected by new work or any changes, to ensure compliance with all the requirements of
this code and to assure that the installation and construction of the gas system is in accordance with
reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-
up and removal of all construction debris or any other miscellaneous discarded articles during the course of
the construction project and prior to receiving final inspection approval. Construction job sites must be kept
clean and in a safe condition at all times.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for footings are complete and any re quired
reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C
94, the concrete need not be on the job.
110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after
in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other
ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the
basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 of the
Florida Building Code, Building and Section R322 of the Florida Building Code, Residential, shall be submitted to
the building official.
110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing,
fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough
electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel
product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior,
are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners
are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or
a shear assembly.
110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking
surfaces are exposed to water from direct or blowing rain or irrigation, and the structural framing is protected by
an impervious moisture barrier, all elements of the impervious-moisture-barrier system shall not be concealed
until inspected and approved.
110.3.7 Fire and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance- rated
assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy
Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding
mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope
insulation R- and U-values, fenestration U-value, and Solar Heat Gain Coefficient, duct system R-value, and HVAC,
lighting, electrical and water-heating equipment efficiency.
110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.8, the building
official is authorized to make or require other inspections of any construction work to ascertain compliance with
the provisions of this code and other laws that are enforced by the department of building safety.
110.3.10 Special inspections. Reserved.
110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is
completed.
110.3.11.1 Flood hazard documentation.
If located in a flood hazard area, documentation as required in Section 1612.5 of the Florida Building Code,
Building; or Section R322 of the Florida Building Code, Residential, shall be submitted to the building official prior
to the final inspection.
110.3.11.2 Commercial Energy Code documentation. If required by energy code path submittal, confirmation
that commissioning result requirements have been received by building owner.
110.3.11.3 Residential Energy Code documentation. If required by energy code path submittal (R405),
confirmation that the envelope and duct test requirements shall be received by building official.
110.3.12 Termites. Building components and building surroundings required to be protected from termite dam -
age in accordance with Section 1503.7, Section 2304.12.9 or Section 2304.12.4, specifically required to be
inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance
with Section 1816 shall not be covered or concealed until the release from the building official has been received.
110.3.13 Impact-resistant coverings or systems. Where impact-resistant coverings or systems are installed to
meet requirements of this code, the building official shall schedule adequate inspections of impact-resistant
coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies,
provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent
to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide
access to and means for inspections of such work that are required by this code.
110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the building official. The building official, upon notification, shall make the
requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or
notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do
not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building
official.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and
inspected by a Florida licensed professional engineer prior to any required mandatory inspections by the
threshold building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or restoration projects in which the structural system or
structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or
architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance
of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is
to provide specific inspection procedures and schedules so that the building can be adequately inspected for
compliance with the permitted documents. The special inspector may not serve as a surrogate i n carrying out the
responsibilities of the building official, the architect, or the engineer of record. The contractor’s contractual or
statutory obligations are not relieved by any action of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the
enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height,
occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a
threshold building under s. 553.71(7), Florida Statutes may designate such building as a threshold building, subject
to more than the minimum number of inspections required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but
the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified,
licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes,
as an architect.
110.8.4 Each enforcement agency shall require that, on every th reshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of
occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form:
“To the best of my knowledge and belief, the above described construction of all structural load - bearing
components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and
reshoring plans submitted to the enforcement agency.”
110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be
submitted to the enforcement agency for review for compliance with the codes and made part of the
enforcement agency’s recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for
recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in
compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of
record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and
specifications comply with the applicable minimum building codes and the applicable fire-safety standards as
deter- mined by the local authority in accordance with this section and Chapter 633, Florida Statutes.
110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a
licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building
contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named
contractor to whom the building permit is issued shall have the responsibility for supervision, direction,
management and control of the construction activities on the project for which the building permit was issued.
110.8.6 The building department may allow a special inspector to conduct the minimum structural inspection of
threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the
building department. The building official is responsible for ensuring that any person conducting inspections is
qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector
under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),
Florida Statutes, are in addition to the minimum inspections required by this code.
110.9 Mandatory structural inspections for condominium and cooperative buildings.
110.9.1 General. The Legislature finds that maintaining the structural integrity of a building throughout the life of
the building is of paramount importance in order to ensure that buildings are structurally sound so as to not pose a
threat to the public health, safety, or welfare. As such, the Legislature finds that the imposition of a statewide
structural inspection program for aging condominium and cooperative buildings in this state is necessary to ensure
that such buildings are safe for continued use.
110.9.2. As used in this section, the terms:
(a) “Milestone inspection” means a structural inspection of a building, including an inspection of load -bearing
elements and the primary structural members and primary structural systems as those terms are defined in s.
627.706, Florida Statutes, by an architect licensed under chapter 481or engineer licensed under chapter
471authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the
structural components of the building and, to the extent reasonably possible, determining the general
structural condition of the building as it affects the safety of such building, including a determination of any
necessary maintenance, repair, or replacement of any structural component of the buildin g. The purpose of
such inspection is not to determine if the condition of an existing building is in compliance with the Florida
Building Code or the firesafety code. The milestone inspection services may be provided by a team of
professionals with an architect or engineer acting as a registered design professional in responsible charge
with all work and reports signed and sealed by the appropriate qualified team member.
(b) “Substantial structural deterioration” means substantial structural distress or substantial structural weakness
that negatively affects a building’s general structural condition and integrity. The term does not include
surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or
peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection
determines that such surface imperfections are a sign of substantial structural deterioration.
110.9.3. (a) An owner or owners of a building that is three stories or more in height as determined by
the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form
of ownership as a residential condominium under chapter 718, Florida Statutes, or a residential
cooperative under chapter 719, Florida Statutes, must have a milestone inspection performed by
December 31 of the year in which the building reaches 30 years of age, based on the date the certificate
of occupancy for the building was issued, and every 10 years thereafter. If a building reached 30 years of
age before July 1, 2022, the building’s initial milestone inspection must be performed before December
31, 2024. If a building reaches 30 years of age on or after July 1, 2022, and before December 31, 2024, the
building’s initial milestone inspection must be performed before December 31, 2025. If the date of
issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate
of occupancy shall be the date of occupancy evidenced in any record of the local building official.
(b) The local enforcement agency may determine that local circumstances, including environmental conditions
such as proximity to salt water as defined in s. 379.101, require that a milestone inspection must be performed by
December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of
occupancy for the building was issued, and every 10 years thereafter.
(c) The local enforcement agency may extend the date by which a building’s initial milestone inspection
must be completed upon a showing of good cause by the owner or owners of the building that the
inspection cannot be timely completed if the owner or owners have entered into a contract with an
architect or engineer to perform the milestone inspection and the inspection cannot reasonably be
completed before the deadline or other circumstance to justify an extension.
(d) The local enforcement agency may accept an inspection report prepared by a licensed engineer or
architect for a structural integrity and condition inspection of a building performed before July 1, 2022, if
the inspection and report substantially comply with the requirements of this section. Notwithstan ding
when such inspection was completed, the condominium or cooperative association must comply with the
unit owner notice requirements in Section 110.9.9. The inspection for which an inspection report is
accepted by the local enforcement agency under this paragraph is deemed a milestone inspection for the
applicable requirements in chapters 718 and 719. If a previous inspection and report is accepted by the
local enforcement agency under this paragraph, the deadline for the building’s subsequent 10 -year
milestone inspection is based on the date of the accepted previous inspection.
110.9.4. The milestone inspection report must be arranged by a condominium or cooperative association
and any owner of any portion of the building which is not subject to the con dominium or cooperative
form of ownership. The condominium association or cooperative association and any owner of any
portion of the building which is not subject to the condominium or cooperative form of ownership are
each responsible for ensuring compliance with the requirements of this section. The condominium
association or cooperative association is responsible for all costs associated with the milestone inspection
attributable to the portions of a building which the association is responsible to main tain under the
governing documents of the association. This section does not apply to a single-family, two-family, or
three-family dwelling with three or fewer habitable stories above ground.
110.9.5. Upon determining that a building must have a milestone inspection, the local enforcement
agency must provide written notice of such required inspection to the condominium association or
cooperative association and any owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership, as applicable, by certified mail, return receipt requested.
The condominium or cooperative association must notify the unit owners of the required milestone
inspection within 14 days after receipt of the written notice from the local enforcement agency and
provide the date that the milestone inspection must be completed. Such notice may be given by
electronic submission to unit owners who consent to receive notice by electronic submis sion or by posting
on the association’s website.
110.9.6. Phase one of the milestone inspection must be completed within 180 days after the owner or owners of
the building receive the written notice under Section 110.9.5. For purposes of this section, completion of phase
one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection
submitted the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local
enforcement agency.
110.9.7. A milestone inspection consists of two phases:
110.9.7.1. For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this
state shall perform a visual examination of habitable and nonhabitable areas of a building, including the major
structural components of a building, and provide a qualitative assessment of the structural conditions of the
building. If the architect or engineer finds no signs of substantial structural deterioration to any building
components under visual examination, phase two of the inspection, as provided in Section 110.9.7.2, is not
required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an
inspection report pursuant to Section 110.9.8.
110.9.7.2. A phase two of the milestone inspection must be performed if any substantial structural deterioration is
identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the
inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe for its intended use and to
recommend a program for fully assessing and repairing distressed and damaged portions of the building. When
determining testing locations, the inspector must give preference to locations that are the least disruptive and
most easily repairable while still being representative of the structure. If a phase two inspection is required, within
180 days after submitting a phase one inspection report the architect or engineer performing the phase two
inspection must submit a phase two progress report to the local enforcement agency with a timeline f or
completion of the phase two inspection. An inspector who completes a phase two milestone inspection shall
prepare and submit an inspection report pursuant to Section 110.9.8.
110.9.8. Upon completion of a phase one or phase two milestone inspection, the architect or engineer who
performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at
minimum, the material findings and recommendations in the inspection report to the condominium association or
cooperative association, to any other owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership, and to the building official of the local government which has
jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed
the inspection.
(b) Indicate the manner and type of inspection forming the basis for the inspection report.
(c) Identify any substantial structural deterioration, within a reasonable professional probability based on the
scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for
such deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were
observed.
(e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial
structural deterioration.
(f) Identify and describe any items requiring further inspection.
110.9.9. Within 45 days after receiving the applicable inspection report, the condominium or cooperative
association must distribute a copy of the inspector-prepared summary of the inspection report to each
condominium unit owner or cooperative unit owner, regardless of the findings or recommendations in the report,
by United States mail or personal delivery at the mailing address, property address, or any other address of the
owner provided to fulfill the association’s notice requirements under chapter 718 or chapter 719, as applicable,
and by electronic transmission to the e-mail address or facsimile number provided to fulfill the association’s notice
requirements to unit owners who previously consented to received notice by electronic transmission; must post a
copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property;
and must publish the full report and inspector- prepared summary on the association’s website, if the association
is required to have a website.
110.9.10. A local enforcement agency may prescribe timelines and penalties with respect to compliance with this
section.
110.9.11. A board of county commissioners or municipal governing body may adopt an ordinance requiring that a
condominium or cooperative association and any other owner that is subject to this section schedule or
commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement
agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after
receiving such report. If an owner of the building fails to submit proof to the local enforcement agency that repairs
have been scheduled or have commenced for substantial structural deterioration identified in a phase two
inspection report within the required timeframe, the local enforcement agency must review and determine if the
building is unsafe for human occupancy.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use
or occupancy classification of a building or structure or portion thereof shall not be made, until the building
official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with
Section 105.2.
111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of
the provisions of this code or other laws that are enforced by the department of building safety, the building
official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the proposed
occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest
floor elevation has been provided and is retained in the records of the building official.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy
before the completion of the entire work covered by the permit, provided that such portion or portions shall be
occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is
valid.
111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the provisions of this code.
111.5 Certificate of completion. A certificate of completion is proof that a structure or system is complete and for
certain types of permits is released for use and may be connected to a utility system. This certificate does not grant
authority to occupy a building, such as shell building, prior to the issuance of a certificate of occupancy.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or
power to any building or system that is regulated by this code for which a permit is required, until released by the
building official.
112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection
of the building or system to the utility, source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the referenced
codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate
hazard to life or property or where such utility connection has been made without the approval required by
Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and
occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If
not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 113
APPEALS
113.1 General. The Planning, Zoning and Adjustment Board shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not
fully apply or an equally good or better form of construction is proposed. The board shall have no authority to
waive requirements of this code.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,
repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause
same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person
responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or
occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or
certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action
or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is
authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions of this code or of the order or direction made
pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the
approved construction documents or directive of the building official, or of a permit or certificate issued under the
provisions of this code, shall be subject to penalties as prescribed by law.
SECTION 115
STOP WORK ORDER
115.1 Authority. Where the building official finds any work regulated by this code being performed in a manner
either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a
stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved,
the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited
work shall immediately cease. The stop work order shall state the reason for the order and the conditions under
which the cited work will be permitted to resume.
115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be
subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient
because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire
hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken
down and removed or made safe, as the building official deems necessary and as provided for in this section. A
vacant structure that is not secured against entry shall be deemed unsafe.
116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state
the occupancy of the structure and the nature of the unsafe condition.
116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in
control of the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe stru cture to be
demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to
the building official acceptance or rejection of the terms of the order.
116.4 Method of service. Such notice shall be deemed pro perly served if a copy thereof is (a) delivered to the
owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with
the return receipt requested; or (c) delivered in any other manner as prescribed by loca l law. If the certified or
registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing
manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice
upon the owner.
116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored
to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs
during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply
with the requirements of Section 105.2.2 and the Florida Building Code, Existing Building.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the
local flood plain management ordinance shall apply to requests submitted to the building official for variances to the
provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of Section R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code,
Building.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Village Council
FROM: Caryn Gardner-Young, Community Development Director
CC: Leonard G. Rubin, Village Attorney
DATE: January 25, 2024
SUBJECT: ORDINANCE – 2ND Reading – Amendments to R-1 Zoning Regulations for two-story
single-family dwellings to re-adopt portions of Ordinance No. 2022-18 due to the
inapplicability of Senate Bill 250 to Palm Beach County
Background:
On October 27, 2022, the Village Council adopted Ordinance No. 2022-18, which included the
recommendations of the Ad Hoc Committee (and this Board). The new regulations address the
volume and massing of two-story single-family dwellings. 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 over 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 at 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 any amendments to its land development
regulations that are more restrictive or burdensome. This law has been in effect since September
28, 2022, and any such amendments that violate this law would be considered void ab initio, meaning
they will have no effect from the date of adoption.
The Village Staff made the Village Council aware of the impact of Senate Bill 250. After discussing
the matter, the Village Council acknowledged that the provisions mentioned in the Bill were
preempted. However, they directed the Staff to issue a guidance statement encouraging property
owners to use the previous regulations as guidelines while constructing or significantly altering two-
story single-family dwellings. The Village Council also stated that they intend to re-adopt the
regulations upon the expiration of the preemption provision of Senate Bill 250 on October 1, 2024.
The regulations were repealed on October 12, 2023, by Ordinance 2023-17.
However, a bill was introduced and adopted during the most recent Special Session of the State
Legislature, which exempts Palm Beach County from the effects of Senate Bill 250. As a result, the
Village Council can now re-adopt the previously repealed regulations.
Discussion:
The Village Staff has been implementing the volume and massing regulations for two story single
family dwellings since its adoption in October of 2022. During the review of building permits since
2022, some implementation issues arose which the Village Staff would like to correct. Therefore,
Village Staff is recommending readopting the massing and volume provisions but with some
modifications.
First, the building articulation provision can be difficult to understand or explain, and Village Staff has
received consistent questions about it. Therefore, the Village Staff recommends deleting it. Building
articulation refers to the process of stepping and recessing external walls of a building to add scale
and visual interest. However, the Village Staff believes this design feature is already being addressed
in the code. The existing yard space regulations require a further setback for second stories, which
can divide the building wall into smaller parts. Additionally, under the current regulations, 75% of the
second floor cannot exceed the first story's floor area, reducing large, expansive blank walls.
Next, the staff is recommending adding additional language regarding blank walls. The proposed
language is intended to prevent long, monotonous walls. The language will mandate that 75% of
the blank walls must incorporate architectural features to create visual appeal and add diversity to
the community.
Finally, we recommend expanding the instances where the second-story setback exemption does
not apply to the rear property line. The regulations state that the second-story setback for the
backyard does not apply if any part of the rear lot line borders a waterway. However, the Village Staff
believes this exception should also extend to other open areas such as golf courses and other
parcels dedicated to recreation or open space (excluding vacant lots).
Planning, Zoning and Adjustment Board recommendation.
The Planning, Zoning and Adjustment Board discussed the Ordinance at their January 2, 2024
meeting. On a Motion by Board Member Cross and Seconded by Board Member Kennedy, the
Planning, Zoning and Adjustment Board (5-2 with Board Member Haigh and Board Member Hogarth
dissenting) recommended the Ordinance as presented by staff with the following modifications:
Section E should read as follows:
E. Wall treatment. All exterior walls shall contain articulation creating visual interest and
shall incorporate at least four (4) of the following features:
1. Masonry (but not flat concrete block).
2. Concrete or masonry plinth at wall base.
3. Belt courses of a different texture and color.
4. Projecting cornice.
5. Projecting metal canopy.
6. Decorative tile work.
7. Medallions.
8. Opaque, translucent, or transparent glass windows.
9, Vertical articulation.
10. Lighting fixtures.
11. Recesses.
12. A permanent architectural element or feature not listed above, as
approved by the village, that meets the intent of this section.
Village Council first reading.
On a Motion by Councilmember Marcus and seconded by Vice Mayor Searcy, the Village Council
unanimously recommended approval (4-0) of the Ordinance with the following revisions:
1. Delete the exemption to the increased second-story setback where the rear property line
abuts a waterway; and
2. Modify and enhance the wall treatment regulations.
The attached Ordinance divides the types of wall treatments creating visual interest into two
categories, and each dwelling must contain two features from each category (while allowing the use
of one feature not listed that meets the intent of the section). Additionally, each wall treatment must
be no less than nine (9) square feet, and for two-story dwellings, thirty-five percent (35%) of the wall
treatment features must be located above the first story.
Recommendation:
The Village Staff requests that the Village Council consideration and adoption on second reading of
the attached Ordinance amending the Village’s Zoning Code to readopt the provisions relating to the
massing of two-story single-family dwellings preempted by Senate Bill 250, as amended. The
Ordinance presented reflects the recommendation of the Village Council as discussed by the Council
at first reading of the Ordinance.
Page 1 of 10
ORDINANCE NO. 2024-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 4
45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES TO READOPT 5
CERTAIN REGULATIONS RELATING TO THE VOLUME AND MASSING 6
OF SINGLE-FAMILY DWELLINGS; AMENDING SECTION 45-27, “R-1 7
SINGLE-FAMILY DWELLING DISTRICT,” TO REQUIRE ADDITIONAL 8
SETBACKS FOR SECOND STORIES, LIMIT THE FLOOR AREA OF THE 9
SECOND STORY, AND PROHIBIT BLANK WALLS; PROVIDING FOR 10
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 12
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 16
regulations to address the volume and massing of two-story single-family dwellings, including 17
additional second-story setbacks, building wall articulation requirements, and a limitation on the 18
floor area of the second story; and 19
20
WHEREAS, through the enactment of Section 14 of Chapter 2023-304, Laws of Florida (Senate 21
Bill 250), the Florida Legislature prohibited the Village from proposing or adopting more 22
restrictive or burdensome amendments to its land development regulations retroactive to 23
September 28, 2022 and declared any such amendments void ab initio; and 24
25
WHEREAS, through the adoption of Ordinance No. 2023-17 on October 12, 2023, the Village 26
Council formally recognized the statutory preemption, repealed the new regulations, and adopted 27
a guidance statement encouraging voluntary compliance; and 28
29
WHEREAS, through the enactment of Chapter 2023-349, Laws of Florida (House Bill 1C), the 30
Florida Legislature amended Section 14 of Chapter 2023-14 to remove Palm Beach County from 31
the prohibition against proposing or adopting more restrictive or burdensome amendments to its 32
land development regulations; and 33
34
WHEREAS, due to the removal of the statutory preemption, the Village Council wishes to 35
formally readopt the regulations relating to the volume and massing of two-story single-family 36
dwellings with certain modifications; and 37
38
WHEREAS, on January 2, 2024, the Planning, Zoning and Adjustment Board, sitting as the Local 39
Planning Agency, conducted a public hearing to review this Ordinance and provided a 40
recommendation to the Village Council; and 41
42
WHEREAS, having considered the recommendation of the Planning, Zoning and Adjustment 43
Board and conducted all required advertised public hearings, the Village Council determines that 44
the adoption of this Ordinance is in the interests of the health, safety, and welfare of the residents 45
of the Village of North Palm Beach. 46
47
Page 2 of 10
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 1
OF NORTH PALM BEACH, FLORIDA as follows: 2
3
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 4
5
Section 2. The Village Council hereby amends Article III, “District Regulations,” of 6
Appendix C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-7
27, “R-1 Single-Family District,” to read as follows (additional language is underlined and deleted 8
language is stricken through): 9
10
Sec. 45-27. R-1 single-family dwelling district. 11
12
A. Uses permitted. Within any R-1 single-family dwelling district no 13
building, structure, land or water shall be used except for one (1) or 14
more of the following uses: 15
16
1. Single-family dwellings with accessory buildings 17
customarily incident thereto, subject to each of the 18
requirements set forth in this section and throughout this 19
chapter. 20
21
2. Public schools. 22
23
3. Parks and recreation facilities owned or leased by or 24
operated under the supervision of the Village of North Palm 25
Beach. 26
27
4. Detached fence storage areas. 28
29
5. Satellite dish antenna. 30
31
6. Community residential homes. Community residential 32
homes of six (6) or fewer residents which otherwise meet the 33
definition of a community residential home, provided that 34
such homes shall not be located within a radius of one 35
thousand (1,000) feet of another existing such home with six 36
(6) or fewer residents. 37
38
7. Family day care home. 39
40
8. Lamp post. 41
42
9. Decorative post structure. 43
44
B. Building height regulations. All single-family dwellings shall be 45
limited to two (2) stories and thirty feet (30’) in height. For the 46
purposes of this subsection, height shall be measured from the 47
average elevation of the existing grade prior to land alteration for 48
properties outside of special flood hazard areas and from the 49
Page 3 of 10
required design flood elevation for properties within special flood 1
hazard areas. Height shall be measured to the highest point of the 2
following: 3
4
1. the coping of a flat roof and the deck lines on a mansard roof; 5
6
2. the average height level between the eaves and roof ridges 7
or peak for gable, hip or gambrel roofs; or 8
9
3. the average height between high and low points for a shed 10
roof. 11
12
Decorative architectural elements, chimneys, mechanical 13
equipment, non-habitable cupolas, elevator shafts or similar 14
appurtenances shall be excluded from the foregoing height 15
restrictions. Rooftops shall not be used for pools, decks, or other 16
spaces to congregate. 17
18
C. Building site area regulations. The minimum lot or building site 19
area for each single-family dwelling shall be seven thousand five 20
hundred (7,500) square feet and have a width of not less than 21
seventy-five (75) feet, measured at the building line. 22
23
D. Yard space regulations. 24
25
1. Front yard. There shall be a front yard of not less than 26
twenty-five (25) feet for the first story and thirty (30) feet for 27
the second story measured from the street line to the front 28
building line. 29
30
2. Rear yard. There shall be a rear yard of not less than twenty 31
(20) feet for the first story and twenty-five (25) feet for the 32
second story measured from the rear building line to the rear 33
lot line. 34
35
3. Side yards. There shall be a side yard on each side of the side 36
building line of not less than ten (10) feet for the first story 37
and fifteen (15) feet for the second story. In the case of 38
corner lots, no building and no addition to any building shall 39
be erected or placed nearer than twenty (20) feet to the side 40
street line of any such lot. 41
42
(a) For a distance of one block on streets intersecting 43
U.S. #1, measured from the right-of-way line of said 44
U.S. #1, side yards of at least twenty-five (25) feet in 45
depth shall be provided. 46
47
4. Applicability of second story setback. The second story 48
setback shall apply only to the roofed portion of the second 49
Page 4 of 10
story of a two-story, single-family dwelling and shall not 1
apply to non-roofed second story patios or balconies. 2
3
E. Wall treatment. All exterior walls shall contain articulation creating 4
visual interest in accordance with the following: 5
6
1. At least two (2) of the following features must be included: 7
8
(a) Projecting cornice. 9
10
(b) Projecting metal canopy. 11
12
(c) Opaque, translucent, or transparent glass windows. 13
14
(d) Vertical articulation. 15
16
(e) Recesses. 17
18
2. At least two (2) of the following features must be included: 19
20
(a) Masonry (but not flat concrete block). 21
22
(b) Concrete or masonry plinth at wall base. 23
24
(c) Belt courses of a different texture and color. 25
26
(d) Decorative tile work. 27
28
(e) Medallions. 29
30
(f) Lighting fixtures. 31
32
3. One of the above features may be replaced by an 33
architectural element or feature not listed above, as approved 34
by the village, that meets the intent of this section. 35
36
4. Each wall treatment feature must be no less than nine (9) 37
square feet. 38
39
5. If the single-family dwelling is more than one story, at least 40
thirty-five percent (35%) of the wall treatment features must 41
be located above the first story. 42
43
Figure 1 Building Wall Articulation (Figure Deleted) 44
45
F. Second-story floor area. The floor area of the second story of a 46
single-family dwelling shall not exceed seventy-five percent (75%) 47
of the floor area of the first story. For the purposes of this 48
subsection, floor area shall include all areas lying within the 49
Page 5 of 10
building perimeter established by the interior side of the exterior 1
walls of the building, including garages, covered patios, and other 2
open-air exterior areas that are under roof. The floor area for the 3
second story shall include areas open to below. 4
5
E. Guidance on volume and massing of single-family dwellings. Due 6
to the legislature’s enactment of Chapter 2023-304, Laws of Florida 7
(Senate Bill No. 250), the village was required to repeal recently 8
adopted regulations relating to the volume and massing of single-9
family dwellings. However, to preserve the character of the 10
village’s existing single-family neighborhoods, the village 11
encourages the use of the following guidelines when constructing or 12
substantially altering single-family dwellings: 13
14
1. Second-story setbacks should be five (5) feet greater than the 15
required first-story setbacks. These enhanced setbacks 16
should apply to the roofed portion of the second story of a 17
two-story, single-family dwelling. 18
19
2. Building wall articulation should be provided on all walls 20
with an unbroken plane in excess of fifteen (15) feet in height 21
and thirty (30) feet in length. The articulation should be in 22
the form of a wall perpendicular to the property line at a 23
minimum distance of two (2) feet, extending parallel to the 24
property line a minimum of ten (10) feet, and should extend 25
evenly over the entire height of the building wall (see Figure 26
1 above). 27
28
3. The second-story of a single-family dwelling should not 29
exceed seventy-five percent (75%) of the floor area of the 30
first story. Floor area includes all areas lying within the 31
building perimeter established by the interior side of the 32
exterior walls of the building, including garages, covered 33
patios and open-air exterior areas under roof. The floor area 34
of the second story should include areas open to below. 35
36
The village council intends to readopt these regulations as of 37
October 1, 2024. 38
39
G F. Off street parking regulations. At least one parking space measuring 40
at least nine (9) feet by eighteen (18) feet (one hundred sixty-two 41
(162) square feet) shall be provided. All parking spaces shall consist 42
of a durable surfaced area as approved by the community 43
development director, and may be enclosed in the dwelling, in an 44
accessory building or in an unenclosed area or a driveway. All 45
vehicles parking on a lot must be parked on a durable surface. 46
47
H G. Accessory structures. One detached automobile garage and one 48
open-air pavilion may be constructed on any lot within the R-1 49
Page 6 of 10
single-family dwelling district provided that all requirements of this 1
chapter are met. Open air pavilions shall be subject to the following 2
additional conditions and restrictions: 3
4
1. Permitting. 5
6
(a) All open-air pavilions must be permitted in 7
accordance with all Florida Building Code and 8
Village Code requirements. 9
10
(b) Open-air pavilions meeting the definition of a 11
traditional chickee hut are exempt from the Florida 12
Building Code but shall be subject to consistency 13
review by the village. Consistency shall be 14
demonstrated through the issuance of a zoning 15
permit and shall require the submittal of the 16
following information: 17
18
(1) A survey that includes scaled dimensions of 19
the proposed structure, including setbacks; 20
21
(2) Proof that the builder of the chickee hut is a 22
member of either the Miccosukee Tribe of 23
Indians of Florida or the Seminole Tribe of 24
Florida (such proof consisting of a copy of 25
the trial member's identification card); and 26
27
(3) Drawings of the proposed structure 28
depicting, at a minimum, the overall design, 29
dimensions, roof materials, and height. 30
31
2. Dimensions. Open-air pavilions shall not exceed two 32
hundred (200) square feet in floor area. The floor area shall 33
be measured from outside the support posts, provided that 34
the roof overhang does not exceed three (3) feet from the 35
support posts. If the roof overhang exceeds three (3) feet, the 36
floor area shall consist of the entire roofed area. For 37
structures supported by a single-pole, i.e., umbrella shape, 38
the floor area shall be measured from the drip line of the roof 39
material. 40
41
3. Height. Open-air pavilions shall not exceed twelve (12) feet 42
in height or the height of the principal building located on 43
the lot, whichever is more restrictive. For sloped roofs, the 44
height shall be measured at the mean roof height. 45
46
47
Page 7 of 10
4. Location and Setbacks. 1
2
(a) No open-air pavilion may be erected within ten (10) 3
feet of the side property line. This side setback shall 4
be increased to twenty (20) feet for corner lots. 5
6
(b) No open-air pavilion may be erected within seven 7
and one-half (7½) feet of the rear property line. 8
9
(c) No open-air pavilion or any portion thereof may be 10
erected between the front line of the principal 11
building and the front property lot line, within a 12
utility or drainage easement, or within a required 13
landscape buffer. 14
15
5. Use restrictions. 16
17
(a) An open-air pavilion shall be used only for private 18
recreational activities as an accessory use to the 19
principal residential use and shall not be used for 20
habitation, for a tool room, storage room or 21
workshop, or for any commercial purpose 22
whatsoever. 23
24
(b) Open-air pavilions shall not be used for storage of 25
items of personal property, including, but not limited 26
to, the following: 27
28
(1) Operable or inoperable vehicles, boats, boat 29
trailers, utility trailers or similar items of 30
personal property; 31
32
(2) Building materials, lawn equipment, tools or 33
similar items; and 34
35
(3) Ice boxes, refrigerators and other types of 36
food storage facilities with the exception of 37
under-counter units. 38
39
(c) No gas, charcoal or propane grills, stoves or other 40
types of cooking devices may be stored or utilized 41
within a traditional chickee hut. 42
43
6. Maintenance. Open-air pavilions shall be maintained in 44
good repair and in sound structural condition. Painted or 45
stained surfaces shall be free of peeling paint, mold and 46
mildew and void of any evidence of deterioration. 47
48
49
Page 8 of 10
7. Design. 1
2
(a) Open-air pavilions, with the exception of traditional 3
chickee huts, pergolas and other structures with only 4
partial or slatted roofs, shall incorporate the same 5
types of building materials and be consistent with the 6
architectural theme or style of the main or principal 7
building. 8
9
(b) At the request of a property owner, the community 10
development director may approve the use of 11
different building materials or alternate architectural 12
themes or styles when such materials, themes or 13
styles are complementary to the main or principal 14
building. 15
16
(c) Should the community development director deny 17
the request for different building materials or 18
alternate architectural themes or styles, a property 19
owner may appeal this decision to the planning 20
commission by submitting a written request for a 21
hearing to the community development director 22
within thirty (30) calendar days of the date of the 23
determination. The appeal shall be placed on the next 24
available agenda and the decision of the planning 25
commission shall be final, subject only to judicial 26
review by writ of certiorari. 27
28
I H. Mechanical equipment. All non-roof-mounted mechanical 29
equipment shall be located behind the front building face of the 30
principal structure in either the side yard or the rear yard. Such 31
equipment shall be located adjacent to the principal structure 32
whenever practicable, provided, however, that all mechanical 33
equipment shall be located at least five (5) feet from the side 34
property line and at least seven and one-half feet (7½) from the rear 35
property line. 36
37
J I. Minimum landscaped area. 38
39
1. All single-family dwellings shall have a minimum 40
landscaped area of thirty percent (30%). 41
42
2. All single-family dwellings (both one and two story) shall 43
provide a minimum landscaped area of fifty percent (50%) 44
in the required twenty-five-foot (25’) front yard setback. 45
Properties with frontage along urban collector roads 46
(Lighthouse Drive and Prosperity Farms Road) shall provide 47
a minimum landscaped area of forty percent (40%) in the 48
required twenty-five-foot (25’) front yard setback. 49
Page 9 of 10
Properties having an irregular lot shape, meaning a lot which 1
is not close to rectangular or square and in which the width 2
of the property at the front property line is less than required 3
by the underlying zoning district, shall provide a minimum 4
landscaped area of twenty-five percent (25%) in the required 5
twenty-five-foot (25’) front yard setback. 6
7
3. A property owner who meets the overall minimum 8
landscaped area requirement set forth in subsection (1) 9
above and who does not meet the minimum landscaped area 10
requirement in the twenty-five-foot (25’) front yard setback 11
set forth in subsection (2) above may request a waiver of up 12
to five percent (5%) of the minimum required area by filing 13
a request with the Community Development Department. 14
The request shall be forwarded to the Planning Commission 15
for final action. A property owner seeking such a waiver 16
shall be required to demonstrate to the Planning Commission 17
that he or she has made a reasonable attempt to comply with 18
the required minimum landscaped area within the front yard 19
setback and has mitigated any deficiency through the 20
installation of enhanced landscaping materials, the use of 21
permeable hardscape materials or some other acceptable 22
means. 23
24
For the purposes of this subsection, the term minimum landscaped 25
area shall mean a pervious landscaped area unencumbered by 26
structures, buildings, paved parking lots, sidewalks, sports courts, 27
pools, decks, or any impervious surface. Landscape material shall 28
include, but not be limited to, grass, ground covers, bushes, shrubs, 29
hedges or similar plantings, or decorative rock or bark. No landscape 30
material shall be used for parking. However, pervious surfaces used 31
for the parking of recreational equipment in side and rear yards shall 32
be included in the calculation of the minimum landscaped area. 33
34
With respect to building permits for renovations of existing single-35
family dwellings, the minimum landscaped area standards shall 36
apply only to the extent that the proposed scope of work impacts the 37
applicable standard. 38
39
I J. Maximum driveway width in swale. The total width of driveways 40
from the edge of the public roadway to the abutting privately-owned 41
property shall not exceed a total of thirty-two feet (32’) in width at 42
the property line, excluding flares. For lots with ninety (90) or more 43
feet of public roadway frontage, the total width of driveways from 44
the edge of the public roadway to the abutting privately-owned 45
private shall not exceed a total of forty feet (40’) in width at the 46
property line, excluding flares. Each side of a flared driveway shall 47
be no more than three feet (3’) wider than the rest of the driveway. 48
49
Page 10 of 10
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 1
the Village of North Palm Beach, Florida. 2
3
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 4
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 5
such holding shall not affect the remainder of this Ordinance. 6
7
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 8
conflict herewith are hereby repealed to the extent of such conflict. 9
10
Section 6. This Ordinance shall take effect immediately upon adoption. 11
12
PLACED ON FIRST READING THIS 11th DAY OF JANUARY, 2024. 13
14
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 15
2024. 16
17
18
(Village Seal) 19
MAYOR 20
21
ATTEST: 22
23
24
VILLAGE CLERK 25
26
APPROVED AS TO FORM AND 27
LEGAL SUFFICIENCY: 28
29
30
VILLAGE ATTORNEY 31
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: January 25, 2024
SUBJECT: RESOLUTION – Announcing the Village General Election and Annexation Referendum
Elections on March 19, 2024
Section 10-3, Notice of general elections, of Article I of Chapter 10, Elections, of the Village Code of
Ordinances, provides that “The village clerk shall cause to be published at least fifteen (15) days next
preceding any general election, once, in a newspaper of general circulation in the village, a notice stating
the date of such election, the offices to be filled, and the time and place where such election shall be
held; and if there be one (1) or more propositions to be voted upon, state in substance the character of
the propositions to be voted upon. In addition, such notice shall be given by posting a copy thereof in at
least three (3) public and conspicuous places in the village, one (1) of which shall be the bulletin board
in the village hall.
In accordance with Section 10-3, the Village Clerk will publish such notice at least 15 days prior to the
March 19, 2024 General Election. The Village Clerk also provides advance notice of the election through
the Village Newsletter and website, and posts a notice on the bulletin boards at the Village Hall and two
other Village owned facilities.
The attached resolution announces the March 19, 2024 Election as well as the Annexation Referendum
Elections as set forth in Ordinance Nos. 2023-21, 2023-22, and 2023-23; declares the offices to be filled;
requests that the Palm Beach County Supervisor of Elections conduct the election and delegates certain
duties to the Supervisor. The Resolution further delegates all canvassing duties to the County
Canvassing Board.
There is no immediate fiscal impact.
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Recommendation:
Village Administration recommends Council consideration and approval of the attached Resolution
announcing the General Election and Annexation Referendum Elections on March 19, 2024;
declaring the offices to be filled; requesting that the Palm Beach County Supervisor of Elections
conduct the election; delegating certain duties to the Supervisor; and providing for the delegation
of all canvassing duties to the County Canvassing Board.
Page 1 of 2
RESOLUTION NO. 2024-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ANNOUNCING THE DATE OF THE VILLAGE
GENERAL ELECTION, ANNEXATION REFERENDUM ELECTION, AND RUN
OFF ELECTION, IF NECESSARY; DESIGNATING VOTING LOCATIONS;
REQUESTING THAT THE SUPERVISOR OF ELECTIONS CONDUCT THE
ELECTION; AUTHORIZING THE SUPERVISOR OF ELECTIONS TO CERTIFY
THE ACCURACY OF THE TABULATION EQUIPMENT AND HANDLE,
CERTIFY AND CANVASS ALL BALLOTS, INCLUDING ABSENTEE
BALLOTS; DESIGNATING THE CANVASSING BOARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, there are four offices to be filled at the General Election to be held in the Village on
March 19, 2024; and
WHEREAS, there are also three referendum questions to be considered by registered voters in
separate annexation areas (Hidden Key/Portage Landing, Ellison Wilson Road, and Pirate’s Cove and
adjacent properties) on March 19, 2024, as set forth in Ordinance Nos. 2023-21, 2023-22, and 2023-
23 (“Annexation Referendum Elections”); and
WHEREAS, through the adoption of Ordinance No. 2023-19 on October 12, 2023, the Village
Council moved the date of the Village 2024 General Election from the uniform date established by
Chapter 83-498, Laws of Florida (second Tuesday in March), to the date of the Presidential Preference
Primary election (third Tuesday in March); and
WHEREAS, in accordance with the requirements of Chapter 83-498, Laws of Florida, the Florida
Election Code and the Village Code of Ordinances, the Town Council wishes to: (1) formally
announce the date of the General Election, the Annexation Referendum Elections, and the Run-Off
Election (if necessary) and the voting locations; (2) request that the Palm Beach County Supervisor
of Elections conduct the elections, certify the accuracy of the tabulation equipment, and handle,
canvass, and certify all ballots, including absentee ballots; and (3) designate the Village’s canvassing
board.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The General Election for Village Councilmember Group 1 (two-year term), Group 3
(two-year term), Group 4 (one-year term) and Group 5 (two-year term) shall be held on Tuesday,
March 19, 2024, with a Run-Off Election, if necessary, to be held on Tuesday, April 2, 2024. The
elections for Group 1 and Group 4 will not be placed on the General Election ballot because only one
candidate qualified.
Section 3. The precincts for the Village General Election shall be the same as those designated
by Palm Beach County.
Section 4. The Village Council requests that the Palm Beach County Supervisor of Elections
conduct the Village General Election, including the Run-Off Election, if necessary, and the
Annexation Referendum Elections. The Supervisor of Elections shall conduct a Logic and Accuracy
Test for the tabulation of all ballots, including absentee ballots, and the Village Clerk or her designee
shall be present during such testing.
Section 5. The Town Council authorizes the Palm Beach County Supervisor of Elections to
distribute, canvass, and certify all ballots for the Town General Election and Annexation Referendum
Elections, including absentee ballots, in accordance with the Florida Election Code and the Town
Code of Ordinances. The Town Council further delegates all canvassing duties, as defined by Florida
Statute and the Florida Administrative Code, to the County Canvassing Board appointed by the Palm
Beach County Commission and the Chief Judge of the Fifteenth Judicial Circuit and will be composed
of the Supervisor of Elections; a county court judge, who shall act as chair; and the chair of the board
of county commissioners, or their respective alternates or substitutes.
Section 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this _____ day of ____________, 2024.
______________________________
MAYOR
(Village Seal)
ATTEST:
________________________________
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
INFORMATION TECHNOLOGY
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Michael Applegate, IT Director
DATE: January 25, 2024
SUBJECT: RESOLUTION – Approving the purchase of Dell laptop computers pursuant pricing
established by State Contract at a total cost of $77,151.55
In 2014, Council directed Administration to move forward with the transition of North Palm Beach Police
Department CAD, Dispatch and 911 services to the Palm Beach Gardens EOCC Dispatch Center a/k/a
North County Dispatch Center. This transition required the purchase of laptop computers for each of our
office for computer-aided-dispatch calls, running vehicle tags and writing incident reports. Due to FDLE
requirements, each officer must authenticate with a unique certificate on his/her laptop for encrypted
transmissions. The individual laptop assignment also provides each officer with his/her own secure
repository for storage of reports. The current laptops have now been deployed for over 5 years and are
no longer under warranty. Due to the demands of everyday police work, they are starting to fail.
During the 2023 budgetary process, funds were allocated to replace the current Dell laptops. After
extensive research and product testing, the Information Technology Department recommends the
purchase of 35 Dell Latitude 5430 ruggedized laptops. The new laptops will provide the Village’s officers
with a ruggedized platform including a touch screen monitor, built in mobile air card and GPS units for
improved officer safety. The laptop also provides extended battery life and secure digital card slots for
evidence retrieval out in the field. The Dell Latitude 5430 is designed to endure the demands of everyday
police work. The total cost for the purchase is $77,151.55.
Dell laptops are available to purchase pursuant to pricing established by Florida State Contract No.
43211500-WSCA-15-ACS. All state contracts are competitively bid.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Account Information:
Fund Department Account
Number Account Description Amount
General
Fund Police A5711-35111 Computer Supplies $77,151.55
Recommendation:
Village Administration requests Council consideration and approval of the attached Resolution
authorizing the purchase of 35 laptop computers from Dell Computers utilizing pricing
established in Florida State Contract No. 43211500-WSCA-15-ACS at a total cost of $77,151.55,
with funds expended from Account No. A5711-35111 (Police – Computer Supplies), in accordance
with Village purchasing regulations and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF
THIRTY-FIVE DELL LAPTOP COMPUTERS AND RELATED EQUIPMENT
PURSUANT TO PRICING ESTABLISHED BY STATE CONTRACT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff is requesting the purchase of laptop computers for use by the Police
Department to replace the current laptops that are no longer under warranty and starting to fail;
and
WHEREAS, Village Staff recommends the purchase of thirty-five (35) Dell Latitude 5430
ruggedized laptop computers pursuant to pricing established in Florida State Contract No.
43211500-WSA-15-ACS (Computer Equipment, Peripherals, and Services); and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the purchase of thirty-five five (35) Dell
Latitude 5430 ruggedized laptop computers pursuant to pricing established in Florida State
Contract No. 43211500-WSA-15-ACS (Computer Equipment, Peripherals, and Services). The
total amount expended for this purchase shall not exceed $77,151.55, with funds expended from
Account No. A5711-35111 (Police – Computer Supplies).
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
A quote for your consideration
Based on your business needs, we put the following quote together to help with your
purchase decision. Below is a detailed summary of the quote we’ve created to help you with
your purchase decision.
To proceed with this quote, you may respond to this email, order online through your
Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No.3000170891442.1
Total $77,151.55
Customer #53445438
Quoted On Jan. 09, 2024
Expires by Jan. 31, 2024
Contract Name Dell NASPO Computer
Equipment PA - Florida
Contract Code C000000010853
Customer Agreement #MNWNC-108 / 43211500-
WSCA-15-ACS
Deal ID 24938533
Sales Rep Justin Beecher
Phone (800) 456-3355, 6181554
Email Justin_Beecher@Dell.com
Billing To ACCOUNTS PAYABLE
VILLAGE OF NORTH PALM BEACH
501 US HWY 1
INFO SYSTEMS
NORTH PALM BEACH, FL 33408
Message from your Sales Rep
***This Quote Was NOT Requested*** I’ve included an example quote for some of my more popular systems this
week. Please let me know if there are any projects or issues that I need to be engaged in, as I am here to be a
resource for you. I look forward to speaking to and working with you directly. Please contact me at
Justin_Beecher@dell.com if you have any questions or when you're ready to place an order. Thank you for shopping
with Dell!
Regards,
Justin Beecher
Additional Comments
DELL BUSINESS CREDIT^: If your purchase qualifies for a promotional offer, the promotion will automatically be
applied to this quote and will be reflected in your monthly statement. NO INTEREST IF PAID IN FULL WITHIN 90
DAYS; Available at time of purchase on (1) qualifying XPS, Latitude, OptiPlex, Precision, Vostro, Inspiron, G-Series
$699 or more, (2) Dell monitors $199 or more and (3)PowerEdge, PowerVault and Dell Networking, when using Dell
Business Credit on September 26, 2022 through October 30, 2022. Minimum purchase amount may be required.
Minimum monthly payments are required but may not pay your purchase in full by the end of the promotional period
due to purchase amount, promotion length, additional purchases or allocation of payments in excess of the minimum
payment. Promotional offer is valid only when account remains in good standing. Accrued Finance Charges will be
billed from the transaction posting date, if the purchase balance is not paid in full within 90 days. RESTRICTIONS;
Assumes product is available. Any promotional offer is limited-time and intended for qualified customers. Offers,
including those at Dell.com may vary, are subject to credit approval and may be changed without notice. PROMOTION
DOES NOT INCLUDE printer cables, toner, warranty or any peripheral items. Refurbished and/or used purchases do
not qualify for promotions. Promotional financing is made available to Dell Direct customers only and is not combinable
with other Dell, DFS or other vendor offers.
Page 1
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Shipping Group
Shipping To
ACCOUNTS PAYABLE
VILLAGE OF NORTH PALM BEACH
501 US HWY 1
INFO SYSTEMS
NORTH PALM BEACH, FL 33408-
4901
(561) 841-3356
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 5430 Rugged $2,204.33 35 $77,151.55
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$77,151.55
$0.00
$0.00
$77,151.55
$0.00
$0.00
$77,151.55
Page 2
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Shipping Group Details
Shipping To
ACCOUNTS PAYABLE
VILLAGE OF NORTH PALM BEACH
501 US HWY 1
INFO SYSTEMS
NORTH PALM BEACH, FL 33408-
4901
(561) 841-3356
Shipping Method
Standard Delivery
Unit Price Quantity Subtotal
Dell Latitude 5430 Rugged
Estimated delivery if purchased today:
Jan. 30, 2024
Contract # C000000010853
Customer Agreement # MNWNC-108 / 43211500-WSCA-15-ACS
$2,204.33 35 $77,151.55
Description SKU Unit Price Quantity Subtotal
Dell Latitude 5430 Rugged 210-BCFW -35 -
Intel Core Processor i5-1135G7, (QC, 2.4 to 3.8 GHz, 28W, non-vPro)379-BERT -35 -
Windows 11 Pro, English, French, Spanish 619-AQLP -35 -
No Microsoft Office License Included - 30 day Trial Offer Only 658-BCSB -35 -
Intel® Core™ non-vPro i5-1135G7 with Iris Xe Graphics 338-CCRK -35 -
ME Lockout MOD - Manageability 631-ADED -35 -
8GB, 1x8GB, 3200 MHz DDR4 Non-ECC 370-AGTF -35 -
256GB M.2 PCIe NVMe Class 35 Solid State Drive 400-BMSB -35 -
14" Touch 1100 nits WVA FHD (1920 x 1080) 100% sRGB Anti-
Glare, Outdoor Viewable 391-BGGI -35 -
English US RGB Backlit Sealed Internal keyboard 583-BILF -35 -
Intel AX210 WLAN Driver 555-BHCC -35 -
Intel AX210 Wireless Card with Bluetooth 555-BHCH -35 -
4G CAT16 - Qualcomm(R) Snapdragon(TM) X20 LTE (DW5821e),
eSIM, AT&T, NMEA GPS port 556-BDVM -35 -
Hot surface warning label 389-ECGC -35 -
Primary 3 Cell 53.5 Whr ExpressCharge Capable Battery 451-BCWC -35 -
65W Type-C EPEAT Adapter 492-BCXP -35 -
No Fingerprint, no Smartcard reader 346-BHQK -35 -
E4 Power Cord 1M for US 537-BBBL -35 -
Setup and Features Guide 340-CXCE -35 -
Dummy Airbay Cover 325-BEIV -35 -
ENERGY STAR Qualified 387-BBPC -35 -
Custom Configuration 817-BBBB -35 -
Dell Applications for Windows 11 658-BFIP -35 -
Mix Ship, Notebook, 5430 Rugged 340-CYJC -35 -
EPEAT 2018 Registered (Silver)379-BDTO -35 -
Microphone +RGB HD camera; Touch; WLAN/WWAN antennae;
Pogo vehicle docking and RF passthrough 319-BBHV -35 -
Dedicated u-blox NEO GPS Card 540-BDCC -35 -
Page 3
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Additional USB-A rear port 590-TFHR -35 -
Additional TBT/Type-C port 325-BEJZ -35 -
Rigid handle 750-ADPK -35 -
ProSupport Plus: Next Business Day Onsite, 3 Years 808-6797 -35 -
Dell Limited Hardware Warranty Initial Year 808-6805 -35 -
ProSupport Plus: Accidental Damage Service, 3 Years 808-6817 -35 -
ProSupport Plus: Keep Your Hard Drive, 3 Years 808-6818 -35 -
ProSupport Plus: 7X24 Technical Support, 3 Years 808-6847 -35 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit
www.dell.com/contactdell or call 1-866-516-3115 997-8367 -35 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$77,151.55
$0.00
$0.00
$0.00
$77,151.55
Page 4
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the
entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is
valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is
subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or
freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges
will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax
exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com, as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a
Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such
agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a-
Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms
referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this
Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted
by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms
accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and
terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at
www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm.
Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that
accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,
specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution,
Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end-
user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or
services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its
purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a
Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing
Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable
governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS
notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into
such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to
Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government;
or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this
transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier
encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
Page 5
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 1 of 9
1. Scope: The State of Minnesota, Department of Administration, Materials Management Division publicly
conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of
State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master
Agreement number MNWNC-108. The Master Agreement led by the State of Minnesota along with a
multi-state sourcing team, was created for use by state agencies and other entities that are authorized
by that state’s statutes to utilize cooperative agreements, upon written approval of the State’s chief
procurement official.
The Master Agreement for computer equipment (desktops, laptops, tablets, servers, and storage,
and ruggedized devices, including related peripherals & services) identifies the product bands
awarded to the Contractor.
This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and
between the State of Florida (Participating State) and Dell Marketing, L.P. (Contractor). This Addendum
allows for purchase of computer equipment from the Master Agreement. This Addendum shall not
diminish, change, or impact the rights of the Lead State with regard to the Lead State’s contractual
relationship with the Contractor under the terms of the Master Agreement.
2. Participation: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized
by a Participating State’s statutes are subject to the prior approval of the respective State Chief
Procurement Officer. Issues of interpretation and eligibility for participation are solely within the
authority of the State Chief Procurement Officer.
3. Order of Precedence:
In the event of a conflict, the following documents shall have priority in the order set forth below:
a. This Participating Addendum
b. Exhibit 2, PUR 1000
c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-108.
4. Participating State Modifications or Additions to Master Agreement:
A. Upon execution of this Addendum, all eligible users may purchase products and services under
contract using the Florida alternate contract source number 43211500-WSCA-15-ACS.
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 2 of 9
Eligible users acknowledge and agree to be bound by the terms and conditions of the Master
Agreement except as otherwise specified in this Addendum.
1. The following are modifications to the Master Agreement:
a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated
herein as Exhibit 2.
b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to
section 287.134 of the Florida Statutes may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under a contract with any public
entity; or transact business with any public entity.
c. Effective Date: This Addendum shall become effective on the last date signed below and
is coterminous with Exhibit 1, unless terminated earlier by the Participating State.
d. Vendor Registration and Transaction Fees: In order to complete any transaction
between an eligible user and the Contractor, the Contractor must be registered with the
Department of State, Division of Corporations (www.sunbiz.org) and in
MyFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A-1.031,
Florida Administrative Code, is hereby incorporated by reference. All transactions are
subject to a transaction fee pursuant to the rule.
e. Purchases: In order to procure products and services hereunder, eligible users shall
issue purchase orders or use a purchasing card which shall reference Florida alternate
contract source number 43211500-WSCA-15-ACS. Eligible users are responsible for
reviewing the terms and conditions of this Addendum including all Exhibits.
f. Compliance with Laws: The Contractor shall comply with all laws, rules, codes,
ordinances, and licensing requirements that are applicable to the conduct of its
business, including those of federal, State, and local agencies having jurisdiction and
authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and
Rule 60A-1 of the Florida Administrative Code govern this Addendum. By way of further
non-exhaustive example, the Contractor shall comply with section 274A of the
Immigration and Nationalization Act, the Americans with Disabilities Act, and all
prohibitions against discrimination on the basis of race, religion, sex, creed, national
origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes,
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 3 of 9
ordinances, or licensing requirements shall be grounds for termination or nonrenewal of
this Addendum.
g. Additional Eligible User Terms: If any additional ordinance, rule, or other local
governmental authority requires additional contract language before an eligible user
can make a purchase under this Addendum, the eligible user is responsible for entering
a separate agreement with the Contractor and capturing that additional contract
language therein.
h. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a)-
(c) and (g), Florida Statutes, are hereby incorporated by reference.
i. Public Records: The Contractor shall allow public access to all documents, papers,
letters, or other material made or received by the Contractor in conjunction with this
Addendum, unless the records are exempt from section 24(a) of Article I of the State
Constitution or subsection 119.07(1), Florida Statutes. The Participating State may
unilaterally terminate this Addendum if the Contractor refuses to allow public access as
required in this section. If, under this Addendum, the Contractor is providing services
and is acting on behalf of the public agency as provided under subsection 119.011(2),
Florida Statutes, the Contractor must:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and 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.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Contractor upon termination of
this Addendum and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to public agency in a format that is
compatible with the information technology systems of the public agency
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 4 of 9
j. The State of Florida’s performance and obligation to pay under this Addendum is
contingent upon an annual appropriation by the Legislature. The vendor shall comply
with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting
use of funds to lobby the Legislature, Judicial, or state agencies.
B. Contract Document: This Addendum and its Exhibits set forth the entire agreement between the
parties with respect to the subject matter of the contract.
C. Intellectual Property: The parties do not anticipate that any intellectual property will be
developed as a result of this Addendum. However, any intellectual property developed as a
result of this Addendum will belong to and be the sole property of the Participating State. This
provision will survive the termination or expiration of the contract.
D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02
and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment of all new employees hired by the Contractor during the
contract term. Also, Contractor shall require resellers/partners performing work or providing
services under this Addendum to utilize the E-Verify system to verify employment of all new
employees hired by the reseller/partner during the Addendum term.
E. Price List/Preferred Price: The Contractor’s price list will be the same as the WSCA-NASPO price
list, and the Department will post a link on the Department’s website to the price list posted on
the WSCA-NASPO website. Contractors are encouraged to provide special pricing and/or tiered
discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of
the PUR1000 is not applicable.
F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on
either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida
Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the
Participating State may immediately terminate this Addendum for cause if the Contractor is
found to have submitted a false certification or if Contractor is placed on the Scrutinized
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 5 of 9
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List during the term of the Addendum.
G. Orders: Any Order placed by eligible users for a product and/or service available from the
Master Agreement shall be deemed to be a sale under and governed by the prices and other
terms and conditions of the Master Agreement and this Addendum.
1. The Contractor agrees to meet the following requirements:
a. Provide appropriate contact information for eligible users to use for product and/or
service inquiries and purchases, as well as, the most up-to-date product/service offering
the Contractor is authorized to provide in accordance with the Master Agreement; and
b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is
responsible for providing and updating this list of authorized resellers/partners for use
to the Participating State/Entity.
2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified in
H.1 below.
H. Electronic Invoicing: The Contractor shall supply electronic invoices in lieu of paper-based
invoices for those transactions processed through the MyFloridaMarketPlace (MFMP) within
ninety (90) days from Addendum effective date. Electronic invoices shall be submitted to the
agency through the Ariba Network (AN) in one of three mechanisms as listed below:
1. cXML (commerce eXtensible Markup Language)
This standard establishes the data contents required for invoicing via cXML within the
context of an electronic environment. This transaction set can be used for invoicing via the
AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred
method for e-Invoicing.
2. EDI (Electronic Data Interchange)
This standard establishes the data contents of the Invoice Transaction Set (810) for use
within the context of an Electronic Data Interchange (EDI) environment. This transaction set
can be used for invoicing via the AN for catalog and non-catalog goods and services.
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 6 of 9
3. PO Flip via AN
The online process allows Contractors to submit invoices via the AN for catalog and non-
catalog goods and services. Contractors have the ability to create an invoice directly from
their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does
not require any special software or technical capabilities.
For the purposes of this section, the Contractor warrants and represents that it is authorized and
empowered to and hereby grants the State and the third party provider of MFMP, a state
contractor, the right and license to use, reproduce, transmit, distribute, and publicly display
within the system the information outlined above. In addition, the Contractor warrants and
represents that it is authorized and empowered to and hereby grants the State and the third
party provider the right and license to reproduce and display within the system the Contractor's
trademarks, system marks, logos, trade dress, or other branding designation that identifies the
products made available by the Contractor under the contract.
The Contractor will work with the MFMP management team to obtain specific requirements for
the electronic invoicing if needed.
I. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report in the required
format electronically to the Participating State/Entity within 30 days of the end of the quarter.
The Participating State/Entity reserves the right to require the Contractor to provide additional
reports within 30 days written notice. Failure to provide the Quarterly Report or other reports
requested by the Participating State/Entity may result in the Contractor being found in default
and may result in termination of this Addendum.
Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive
contract quarters, the Participating State/Entity may terminate this Addendum.
J. Business Review Meetings: The Participating State/Entity reserves the right to schedule business
review meetings as frequently as necessary. The Participating State/Entity will provide the
format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the
completed agenda to the Participating State/Entity for review and acceptance. The Contractor
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 7 of 9
shall address the agenda items and any of the Participating State/Entity's additional concerns at
the meeting. Failure to comply with this section may result in the Contractor being found in
default and Addendum termination.
K. Commitment to Diversity in Government Contracting: The State of Florida is committed to
supporting its diverse business industry and population through ensuring participation by
minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic
life of the State. The State of Florida Mentor Protégé Program connects minority-, women-,
wartime-, and service-disabled veteran business enterprises with private corporations for
business development mentoring. We strongly encourage firms doing business with the State of
Florida to consider this initiative. For more information on the Mentor Protégé Program, please
contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp@dms.myflofida.com.
Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified
and other minority business enterprises. These reports will include the period covered, the
name, minority code and Federal Employer Identification Number of each minority vendor
utilized during the period. Commodities and services provided by the minority business
enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency
ordering under the terms of this Addendum.
L. Resellers/Partners: The Contractor may use resellers/partners in order to provide computer
equipment and services. All resellers/partners shall be the direct responsibility of the
Contractor. The Contractor is responsible for all liability, terms and conditions within Master
Agreement and this Addendum. The Contractors resellers/partners’ participation will be in
accordance with the terms and conditions set forth in the aforementioned Master Agreement
and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the
Contractor and the reseller/partner is to receive compensation from the Contractor for its
services, then any dispute between the Contractor and the reseller/partner shall be resolved
between the Contractor and the reseller/partner. The State of Florida is not a party to any
agreement entered into between the Contractor and its resellers/partners. The Contractor shall
be responsible to report all contract sales (and pay any associated MFMP transaction fees),
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 8 of 9
including those of any such resellers/partners and shall ensure that all such resellers/partners
meet the following requirements:
• Have an ACTIVE Registration with the Florida Department of State, Division of Corporations
(www.sunbiz.org)
• Registered in the MFMP Vendor Information Portal
(https://vendor.myfloridamarketplace.com)
• Not be on the State of Florida’s Convicted, Suspended, or Discriminatory lists
http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_informatio
n/convicted_suspended_discriminatory_complaints_vendor_lists
• Have a copy of e-Verify Status on file
• Have a current W-9 filed with the Florida Department of Financial Services
(https://flvendor.myfloridacfo.com)
M. Primary Contacts: The primary government contact individuals for this Addendum are as
follows (or their named successors):
Contractor
Name Diane Wigington
Address Dell Marketing, L.P.
One Dell Way, Mailstop 8707, Round Rock, TX 78682
Telephone 512-728-4805
E-mail Diane_Wigington@dell.com
Participating Entity
Name Jerilyn Bailey
Address Florida Department of Management Services
4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950
Telephone 850-921-4072
E-mail jerilyn.bailey@dms.myflorida.com
PARTICIPATING ADDENDUM
to the
NASPO ValuePoint Cooperative Procurement Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Administered by the State of Minnesota
Master Agreement No: MNWNC-108
Dell Marketing, L.P.
And
The State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS
Page 9 of 9
N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly
authorized to do so and to bind the respective party.
7. Terms. The Participating State is agreeing to the terms of the Master Agreement only to the
extent the terms are not in conflict with applicable law.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by
Contractor below.
Participating State:
Florida
Contractor:
{Insert Vendor Name Here}
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Florida’s Chief Procurement Officer:
By:
Name:
Roz Ingram
Title:
Director of State Purchasing and
Chief Procurement Officer
Date:
Please email fully executed PDF copy of this document to PA@naspovaluepoint.org to support
documentation of participation and posting in appropriate data bases.
______________________________________________________________________________
PUR 1000 (10/06) Page 1 of 14 60A-1.002, F.A.C.
State of Florida
PUR 1000
General Contract Conditions
Contents
1. Definitions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Term Contracts.
5. Additional Quantities.
6. Packaging.
7. Inspection at Contractor’s Site.
8. Safety Standards.
9. Americans with Disabilities Act.
10. Literature.
11. Transportation and Delivery.
12. Installation.
13. Risk of Loss.
14. Transaction Fee.
15. Invoicing and Payment.
16. Taxes.
17. Governmental Restrictions.
18. Lobbying and Integrity.
19. Indemnification.
20. Limitation of Liability.
21. Suspension of Work.
22. Termination for Convenience.
23. Termination for Cause.
24. Force Majeure, Notice of Delay, and No Damages for Delay.
25. Changes.
26. Renewal.
27. Purchase Order Duration.
28. Advertising.
29. Assignment.
30. Antitrust Assignment
31. Dispute Resolution.
32. Employees, Subcontractors, and Agents.
33. Security and Confidentiality.
34. Contractor Employees, Subcontractors, and Other Agents.
35. Insurance Requirements.
36. Warranty of Authority.
37. Warranty of Ability to Perform.
38. Notices.
39. Leases and Installment Purchases.
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
______________________________________________________________________________
PUR 1000 (10/06) Page 2 of 14 60A-1.002, F.A.C.
41. Products Available from the Blind or Other Handicapped.
42. Modification of Terms.
43. Cooperative Purchasing.
44. Waiver.
45. Annual Appropriations.
46. Execution in Counterparts.
47. Severability.
1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement.
The following additional terms are also defined:
(a) “Contract” means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) “Customer” means the State agency or other entity identified in a contract as the party to
receive commodities or contractual services pursuant to a contract or that orders
commodities or contractual services via purchase order or other contractual instrument
from the Contractor under the Contract. The “Customer” may also be the “Buyer” as
defined in the PUR 1001 if it meets the definition of both terms.
(c) “Product” means any deliverable under the Contract, which may include commodities,
services, technology or software.
(d) “Purchase order” means the form or format a Customer uses to make a purchase under
the Contract (e.g., a formal written purchase order, electronic purchase order,
procurement card, contract or other authorized means).
2. Purchase Orders. In contracts where commodities or services are ordered by the Customer
via purchase order, Contractor shall not deliver or furnish products until a Customer
transmits a purchase order. All purchase orders shall bear the Contract or solicitation
number, shall be placed by the Customer directly with the Contractor, and shall be deemed to
incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy
between the Contract terms and the terms stated on the Contractor’s order form,
confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the
Customer. A purchase order for services within the ambit of section 287.058(1) of the
Florida Statutes shall be deemed to incorporate by reference the requirements of
subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a
contract administrator as required by subsections 287.057(15) and (16) of the Florida
Statutes.
3. Product Version. Purchase orders shall be deemed to reference a manufacturer’s most
recently release model or version of the product at the time of the order, unless the Customer
specifically requests in writing an earlier model or version and the contractor is willing to
provide such model or version.
______________________________________________________________________________
PUR 1000 (10/06) Page 3 of 14 60A-1.002, F.A.C.
4. Price Changes Applicable only to Term Contracts. If this is a term contract for
commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time
delivery of large single orders. Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better
pricing offered by the Contractor for substantially the same or a smaller quantity of a
product outside the Contract, but upon the same or similar terms of the Contract, then at
the discretion of the Customer the price under the Contract shall be immediately reduced
to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term
due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period. A Contractor shall submit to the
Contract Specialist documentation identifying the proposed (1) starting and ending dates
of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon
approval, the Contractor shall provide conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract.
A trade-in shall be negotiated between the Customer and the Contractor. Customers are
obligated to actively seek current fair market value when trading equipment, and to keep
accurate records of the process. For State agencies, it may be necessary to provide
documentation to the Department of Financial Services and to the agency property
custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is affected
by extreme and unforeseen volatility in the marketplace, that is, by circumstances that
satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the
Contractor’s control, (2) the volatility affects the marketplace or industry, not just t he
particular Contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the Contractor that continued performance of
the Contract would result in a substantial loss.
5. Additional Quantities. For a period not exceeding ninety (90) days from the date of
solicitation award, the Customer reserves the right to acquire additional quantities up to the
amount shown on the solicitation but not to exceed the threshold for Category Two at the
prices submitted in the response to the solicitation.
6. Packaging. Tangible product shall be securely and properly packed for shipment, storage,
and stocking in appropriate, clearly labeled, shipping containers and according to accepted
______________________________________________________________________________
PUR 1000 (10/06) Page 4 of 14 60A-1.002, F.A.C.
commercial practice, without extra charge for packing materials, cases, or other types of
containers. All containers and packaging shall become and remain Customer’s property.
7. Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product or plant or other facilities of a
Contractor to assess conformity with Contract requirements and to determine whether they
are adequate and suitable for proper and effective Contract performance.
8. Safety Standards. All manufactured items and fabricated assemblies subject to operation
under pressure, operation by connection to an electric source, or operation involving
connection to a manufactured, natural, or LP gas source shall be constructed and approved in
a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at
a minimum, identification marking of the appropriate safety standard organization, where
such approvals of listings have been established for the type of device offered and furnished,
for example: the American Society of Mechanical Engineers for pressure vessels; the
Underwriters Laboratories and/or National Electrical Manufacturers’ Association for
electrically operated assemblies; and the American Gas Association for gas-operated
assemblies. In addition, all items furnished shall meet all applicable requirements of the
Occupational Safety and Health Act and state and federal requirements relating to clean air
and water pollution.
9. Americans with Disabilities Act. Contractors should identify any products that may be
used or adapted for use by visually, hearing, or other physically impaired individuals.
10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the
product offered, for example, user manuals, price schedules, catalogs, descriptive brochures,
etc.
11. Transportation and Delivery. Prices shall include all charges for packing, handling,
freight, distribution, and inside delivery. Transportation of goods shall be FOB Destin ation
to any point within thirty (30) days after the Customer places an Order. A Contractor, within
five (5) days after receiving a purchase order, shall notify the Customer of any potential
delivery delays. Evidence of inability or intentional delays shall be cause for Contract
cancellation and Contractor suspension.
12. Installation. Where installation is required, Contractor shall be responsible for placing and
installing the product in the required locations at no additional charge, unless otherwise
designated on the Contract or purchase order. Contractor’s authorized product and price list
shall clearly and separately identify any additional installation charges. All materials used in
the installation shall be of good quality and shall be free of defects that would diminish the
appearance of the product or render it structurally or operationally unsound. Installation
includes the furnishing of any equipment, rigging, and materials required to install or replace
the product in the proper location. Contractor shall protect the site from damage and shall
repair damages or injury caused during installation by Contractor or its employees or agents.
If any alteration, dismantling, excavation, etc., is required to achieve installation, the
Contractor shall promptly restore the structure or site to its original condition. Contractor
______________________________________________________________________________
PUR 1000 (10/06) Page 5 of 14 60A-1.002, F.A.C.
shall perform installation work so as to cause the least inconvenience and interference with
Customers and with proper consideration of others on site. Upon completion of the
installation, the location and surrounding area of work shall be left clean and in a neat and
unobstructed condition, with everything in satisfactory repair and order.
13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until
acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be
responsible for filing, processing, and collecting all damage claims. To assist the Contractor
with damage claims, the Customer shall: record any evidence of visible damage on all copies
of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor;
and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection
report. When a Customer rejects a product, Contractor shall remove it from the premises
within ten days after notification or rejection. Upon rejection notification, the risk of loss of
rejected or non-conforming product shall remain with the Contractor. Rejected product not
removed by the Contractor within ten days shall be deemed abandoned by the Contractor,
and the Customer shall have the right to dispose of it as its own property. Contractor shall
reimburse the Customer for costs and expenses incurred in storing or effecting removal or
disposition of rejected product.
14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide
eProcurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002),
all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor
shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction
Fee shall, when possible, be automatically deducted from payments to the Contractor. If
automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to
Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments,
Contractor certifies their correctness. All such reports and payments shall be subject to audit
by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the
purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or
omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non -
refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to
perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in addition to
all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION
FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF
MANAGEMENT SERVICES’ VENDOR LIST AS PROVIDED IN RULE 60A-1.006,
F.A.C.
15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number
if applicable, and the appropriate vendor identification number. The State may require any
______________________________________________________________________________
PUR 1000 (10/06) Page 6 of 14 60A-1.002, F.A.C.
other information from the Contractor that the State deems necessary to verify any purchase
order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to the Customer
through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI 810,
cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be returned to
a Contractor due to preparation errors will result in a delay in payment. Contractors may call
(850) 413-7269 Monday through Friday to inquire about the status of payments by State
Agencies. The Customer is responsible for all payments under the Contract. A Customer’s
failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to other Customers.
16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible
personal property. The State will not pay for any personal property taxes levied on the
Contractor or for any taxes levied on employees’ wages. Any exceptions to this paragraph
shall be explicitly noted by the Customer in the special contract conditions section of the
solicitation or in the Contract or purchase order.
17. Governmental Restrictions. If the Contractor believes that any governmental restrictions
have been imposed that require alteration of the material, quality, workmanship or
performance of the products offered under the Contract, the Contractor shall immediately
notify the Customer in writing, indicating the specific restriction. The Customer reserves the
right and the complete discretion to accept any such alteration or to cancel the Contract at no
further expense to the Customer.
18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and
Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement
with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit
on anyone as consideration for any State officer or employee’s decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2)
offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or
request of, any State officer or employee. For purposes of clause (2), “gratuity” means any
payment of more than nominal monetary value in the form of cash, travel, entertainment,
gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services,
employment, or contracts of any kind. Upon request of the Customer’s Inspector General, or
other authorized State official, the Contractor shall provide any type of information the
Inspector General deems relevant to the Contractor’s integrity or responsibility. Such
information may include, but shall not be limited to, the Contractor’s business or financial
records, documents, or files of any type or form that refer to or relate to the Contract. The
Contractor shall retain such records for the longer of (1) three years after the expiration of the
______________________________________________________________________________
PUR 1000 (10/06) Page 7 of 14 60A-1.002, F.A.C.
Contract or (2) the period required by the General Records Schedules maintained by the
Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-
management/general-records-schedules/). The Contractor agrees to reimburse the State for
the reasonable costs of investigation incurred by the Inspector General or other authorized
State official for investigations of the Contractor’s compliance with the terms of this or any
other agreement between the Contractor and the State which results in the suspension or
debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of
investigators, including overtime; travel and lodging expenses; and expert witness and
documentary fees. The Contractor shall not be responsible for any costs of investigations
that do not result in the Contractor’s suspension or debarment.
19. Indemnification. The Contractor shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
the State and Customers, and their officers, agents, and employees, from suits, actions,
damages, and costs of every name and description, including attorneys’ fees, arising from or
relating to personal injury and damage to real or personal tangible property alleged to be
caused in whole or in part by Contractor, its agents, employees, partners, or sub contractors,
provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys’ fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided, however, that the
foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s
products or a Customer’s operation or use of Contractor’s products in a manner not
contemplated by the Contract or the purchase order. If any product is the subject of an
infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit,
the Contractor may at its sole expense procure for the Customer the right to continue using
the product or to modify it to become non-infringing. If the Contractor is not reasonably able
to modify or otherwise secure the Customer the right to continue using the product, the
Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor’s obligations under the preceding two paragraphs with respect to any legal
action are contingent upon the State or Customer giving the Contractor (1) written notice of
any action or threatened action, (2) the opportunity to take over and settle or defend any such
action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s
sole expense. The Contractor shall not be liable for any cost, expense, or compromise
incurred or made by the State or Customer in any legal action without the Contractor’s prior
written consent, which shall not be unreasonably withheld.
20. Limitation of Liability. For all claims against the Contractor under any contract or purchase
order, and regardless of the basis on which the claim is made, the Contractor’s liability under
a contract or purchase order for direct damages shall be limited to the greater of $100,000,
the dollar amount of the contract or purchase order, or two times the charges rendered by the
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PUR 1000 (10/06) Page 8 of 14 60A-1.002, F.A.C.
Contractor under the purchase order. This limitation shall not apply to claims arising under
the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party
shall be liable to another for special, indirect, punitive, or consequential damages, including
lost data or records (unless the contract or purchase order requires the Contractor to back-up
data or records), even if the party has been advised that such damages are possible. No party
shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State
and Customer may, in addition to other remedies available to them at law or equity and upon
notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against
them. The State may set off any liability or other obligation of the Contractor or its affiliates
to the State against any payments due the Contractor under any contract with the State.
21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities
under the Contract or purchase order, at any time, when in the best interests of the State to do
so. The Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to, budgetary
constraints, declaration of emergency, or other such circumstances. After receiving a
suspension notice, the Contractor shall comply with the notice and shall not accept any
purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time
activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work
shall not entitle the Contractor to any additional compensation.
22. Termination for Convenience. The Customer, by written notice to the Contractor, may
terminate the Contract in whole or in part when the Customer determines in its sole
discretion that it is in the State’s interest to do so. The Contractor shall not furnish any
product after it receives the notice of termination, except as necessary to complete the
continued portion of the Contract, if any. The Contractor shall not be entitled to recover any
cancellation charges or lost profits.
23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to
(1) deliver the product within the time specified in the Contract or any extension, (2)
maintain adequate progress, thus endangering performance of the Contract, (3) honor any
term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule
60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor
shall continue work on any work not terminated. Except for defaults of subcontractors at any
tier, the Contractor shall not be liable for any excess costs if the failure to perform the
Contract arises from events completely beyond the control, and without the fault or
negligence, of the Contractor. If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is completely beyond the control of
both the Contractor and the subcontractor, and without the fault or negligence of either, the
Contractor shall not be liable for any excess costs for failure to perform, unless the
subcontracted products were obtainable from other sources in sufficient time for the
Contractor to meet the required delivery schedule. If, after termination, it is determined that
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PUR 1000 (10/06) Page 9 of 14 60A-1.002, F.A.C.
the Contractor was not in default, or that the default was excusable, the rights and obligations
of the parties shall be the same as if the termination had been issued for the convenience of
the Customer. The rights and remedies of the Customer in this clause are in addition to any
other rights and remedies provided by law or under the Contract.
24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be
responsible for delay resulting from its failure to perform if neither the fault nor the
negligence of the Contractor or its employees or agents contributed to the delay and the delay
is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other
similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor. In
case of any delay the Contractor believes is excusable, the Contractor shall notify the
Customer in writing of the delay or potential delay and describe the cause of th e delay either
(1) within ten (10) days after the cause that creates or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not
reasonably foreseeable, within five (5) days after the date the Contractor first had reason to
believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.
Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. No claim for damages, other than for an extension of time, shall be asserted against
the Customer. The Contractor shall not be entitled to an increase in the Contract price or
payment of any kind from the Customer for direct, indirect, consequential, impact or other
costs, expenses or damages, including but not limited to costs of acceleration or inefficiency,
arising because of delay, disruption, interference, or hindrance from any cause whatsoever.
If performance is suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist the Contractor shall perform
at no increased cost, unless the Customer determines, in its sole discretion, that the delay will
significantly impair the value of the Contract to the State or to Customers, in which case the
Customer may (1) accept allocated performance or deliveries from the Contractor, provided
that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the
Contractor for the related costs and expenses) to replace all or part of the products that are
the subject of the delay, which purchases may be deducted from the Contract quantity, or (3)
terminate the Contract in whole or in part.
25. Changes. The Customer may unilaterally require, by written order, changes altering, adding
to, or deducting from the Contract specifications, provided that such changes are within the
general scope of the Contract. The Customer may make an equitable adjustment in the
Contract price or delivery date if the change affects the cost or time of performance. Such
equitable adjustments require the written consent of the Contractor, which shall not be
unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit
separate bids to satisfy them.
26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract,
in whole or in part, for a period that may not exceed 3 years or the term of the contract,
whichever period is longer. Any renewal shall specify the renewal price, as set forth in the
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PUR 1000 (10/06) Page 10 of 14 60A-1.002, F.A.C.
solicitation response. The renewal must be in writing and signed by both parties, and is
contingent upon satisfactory performance evaluations and subject to availability of funds.
27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency
contract must be received by the Contractor no later than close of business on the last day of
the contract’s term to be considered timely. The Contractor is obliged to fill those orders in
accordance with the contract’s terms and conditions. Purchase orders received by the
contractor after close of business on the last day of the state term or agency contract’s term
shall be considered void.
Purchase orders for a one-time delivery of commodities or performance of contractual
services shall be valid through the performance by the Contractor, and all terms and
conditions of the state term or agency contract shall apply to the single delivery/performance,
and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding
the contracted schedule even when such extended delivery will occur after expiration of the
state term or agency contract. For example, if a state term contract calls for delivery 30 days
after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30
days ARO and after expiration of the state term contract, the Contractor will accept the order.
However, if the Contractor expressly and in writing notifies the ordering office within ten
(10) calendar days of receipt of the purchase order that Contractor will not accept the
extended delivery terms beyond the expiration of the state term contract, then the purchase
order will either be amended in writing by the ordering entity within ten (10) calendar days
of receipt of the contractor’s notice to reflect the state term contract delivery schedule, or it
shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of
services shall not exceed the expiration of the state term or agency contract by more than
twelve months. However, if an extended pricing plan offered in the state term or agency
contract is selected by the ordering entity, the contract terms on pricing plans and renewals
shall govern the maximum duration of purchase orders reflecting such pricing plans and
renewals.
Timely purchase orders shall be valid through their specified term and performance by the
Contractor, and all terms and conditions of the state term or agency contract shall apply to
the recurring delivery/performance as provided herein, and shall survive the termination of
the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency
contract if the underlying contract expires prior to the effective date of the renewal.
28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly
disseminate any information concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a press release or other
promotional material, identifying the Customer or the State as a reference, or otherwise
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PUR 1000 (10/06) Page 11 of 14 60A-1.002, F.A.C.
linking the Contractor’s name and either a description of the Contract or the name of the
State or the Customer in any material published, either in print or electronically, to any entity
that is not a party to Contract, except potential or actual authorized distributors, dealers,
resellers, or service representative.
29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or
obligations under the Contract, or under any purchase order issued pursuant to the Contract,
without the prior written consent of the Customer. In the event of any assignment, the
Contractor remains secondarily liable for performance of the contract, unless the Customer
expressly waives such secondary liability. The Customer may assign the Contract with prior
written notice to Contractor of its intent to do so.
30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual
economic practice, overcharges resulting from antitrust violations are in fact usually borne by
the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and
all claims for such overcharges as to goods, materials or services purchased in connection
with the Contract.
31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided
by the Customer's designated contract manager, who shall reduce the decision to writing and
serve a copy on the Contractor. The decision shall be final and conclusive unless within
twenty one (21) days from the date of receipt, the Contractor files with the Customer a
petition for administrative hearing. The Customer’s decision on the petition shall be final,
subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes.
Exhaustion of administrative remedies is an absolute condition precedent to the
Contractor's ability to pursue any other form of dispute resolution; provided, however, that
the parties may employ the alternative dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that
arises out of or relates to the Contract shall be the appropriate state court in Leon County,
Florida; in any such action, Florida law shall apply and the parties waive any right to jury
trial.
32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or
agents performing work under the Contract shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or
agents performing work under the Contract must comply with all security and administrative
requirements of the Customer and shall comply with all controlling laws and regulations
relevant to the services they are providing under the Contract. The State may conduct, and
the Contractor shall cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent furnished by the Contractor. The State may refuse access
to, or require replacement of, any personnel for cause, including, but not limited to, technical
or training qualifications, quality of work, change in security status, or non-compliance with
a Customer’s security or other requirements. Such approval shall not relieve the Contractor
of its obligation to perform all work in compliance with the Contract. The State may reject
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PUR 1000 (10/06) Page 12 of 14 60A-1.002, F.A.C.
and bar from any facility for cause any of the Contractor’s employees, subcontractors, or
agents.
33. Security and Confidentiality. The Contractor shall comply fully with all security
procedures of the United States, State of Florida and Customer in performance of the
Contract. The Contractor shall not divulge to third parties any confidential information
obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or
employees in the course of performing Contract work, including, but not limited to, security
procedures, business operations information, or commercial proprietary information in the
possession of the State or Customer. The Contractor shall not be required to keep
confidential information or material that is publicly available through no fault of the
Contractor, material that the Contractor developed independently without relying on the
State’s or Customer’s confidential information, or material that is otherwise obtainable under
State law as a public record. To insure confidentiality, the Contractor shall take appropriate
steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall
survive the Contract.
34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State
shall take all actions necessary to ensure that Contractor's employees, subcontractors and
other agents are not employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees, subcontractors, and other agents receive
benefits and necessary insurance (health, workers' compensations, and unemployment) from
an employer other than the State of Florida.
35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall
provide commercial insurance of such a type and with such terms and limits as may be
reasonably associated with the Contract. Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide
certificate of insurance. The limits of coverage under each policy maintained by the Contractor
shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract.
All insurance policies shall be through insurers authorized or eligible to write policies in Florida.
36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly
authorized to do so and to bind the respective party to the Contract.
37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its
knowledge, there is no pending or threatened action, proceeding, or investigation, or any
other legal or financial condition, that would in any way prohibit, restrain, or diminish the
Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it
nor any affiliate is currently on the convicted vendor list maintained pursuant to section
287.133 of the Florida Statutes, or on any similar list maintained by any other state or the
federal government. The Contractor shall immediately notify the Customer in writing if its
ability to perform is compromised in any manner during the term of the Contract.
38. Notices. All notices required under the Contract shall be delivered by certified mail, return
receipt requested, by reputable air courier service, or by personal delivery to the agency
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PUR 1000 (10/06) Page 13 of 14 60A-1.002, F.A.C.
designee identified in the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs the Contract. Either
designated recipient may notify the other, in writing, if someone else is designated to receive
notice.
39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as
defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any
lease or installment-purchase agreement in excess of the Category Two amount established
by section 287.017 of the Florida Statutes.
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section
946.515(2), F.S. requires the following statement to be included in the solicitation: "It is
expressly understood and agreed that any articles which are the subject of, or required to
carry out, the Contract shall be purchased from the corporation identified under Chapter 946
of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth
in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the
person, firm, or other business entity carrying out the provisions of the Contract shall be
deemed to be substituted for the agency insofar as dealings with such corporation are
concerned." Additional information about PRIDE and the products it offers is available at
http://www.pridefl.com.
41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood
and agreed that any articles that are the subject of, or required to carry out, this contract shall
be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified
nonprofit agency are concerned." Additional information about the designated nonprofit
agency and the products it offers is available at http://www.respectofflorida.org.
42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by
the parties, which terms and conditions shall govern all transactions between the Customer
and the Contractor. The Contract may only be modified or amended upon mutual written
agreement of the Customer and the Contractor. No oral agreements or representations shall
be valid or binding upon the Customer or the Contractor. No alteration or modification of
the Contract terms, including substitution of product, shall be valid or binding against the
Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing
additional terms to product upon delivery (e.g., attachment or inclusion of standard
preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a
product, whether written or electronic) or by incorporating such terms onto the Contractor’s
order or fiscal forms or other documents forwarded by the Contractor for payment. The
Customer's acceptance of product or processing of documentation on forms furnished by the
Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
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PUR 1000 (10/06) Page 14 of 14 60A-1.002, F.A.C.
43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the
agreement of the Contractor, other entities may be permitted to make purchases at the terms
and conditions contained herein. Non-Customer purchases are independent of the agreement
between Customer and Contractor, and Customer shall not be a party to any transaction
between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the best
interest of the State.
44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under
this Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude any
other or further exercise thereof or the exercise of any other right.
45. Annual Appropriations. The State’s performance and obligation to pay under this contract
are contingent upon an annual appropriation by the Legislature.
46. Execution in Counterparts. The Contract may be executed in counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
47. Severability. If a court deems any provision of the Contract void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable and all other provisions shall remain in full force and effect.
CONTRACT AMENDMENT NO.: 7
Contract No.: 43211500-WSCA-15-ACS
Contract Name: Computer Equipment, Peripherals, and Services
Rev. 11/2/22
This Amendment to the Alternate Contract Source No. 43211500-WSCA-15-ACS Participating
Addendum (“Contract”) to the State of Minnesota Master Agreement No. MNWNC-108 (“Master
Agreement”) is made by the State of Florida, Department of Management Services (“Department”)
and Dell Marketing L.P. ("Contractor"), with its principal place of business located at One Dell
Way, Mailstop RR1-33 Legal, Roundrock, Texas 86682, collectively referred to herein as the
"Parties.
WHEREAS the Parties entered into the Contract which became effective on September 3, 2015,
for the provision of Computer Equipment, Peripherals, and Services;
WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement as
provided in Section 42, Modification of Terms, of the PUR 1000 incorporated into the Contract;
and
WHEREAS the Secretary has reevaluated the Master Agreement and determined that use of
the Master Agreement remains cost-effective and the best value to the state.
ACCORDINGLY, and in consideration of the mutual promises contained in the Contract
documents, the Parties agree as follows:
I. Contract Extension. The Contract is amended to extend the term for a period of three months,
pursuant to the same terms and conditions set forth in the Contract and any written amendments
thereto, with a new expiration date of January 31, 2024.
II. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly
authorized to do so and to bind the respective party.
III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in
the Contract shall continue in full force and effect. This Amendment is effective when signed by
both Parties.
IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized
representatives.
DocuSign Envelope ID: 62EFF9D7-0647-44D5-BF59-AB81EFDD0265
CONTRACT AMENDMENT NO.: 7
Contract No.: 43211500-WSCA-15-ACS
Contract Name: Computer Equipment, Peripherals, and Services
Rev. 11/2/22
State of Florida:
Department of Management Services
Contractor:
Dell Marketing, LP
By: _____________________________
By: _____________________________
Name: Pedro Allende Name:
Title: Secretary Title:
Date: Date:
DocuSign Envelope ID: 62EFF9D7-0647-44D5-BF59-AB81EFDD0265
Paralegal Senior Analyst
10/27/2023 | 10:57 AM EDT
Ana Pitti
10/28/2023 | 10:46 AM EDT
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: January 25, 2024
SUBJECT: RESOLUTION – Increasing the FY 2024 blanket purchase order issued to Flying
Scot, Inc. for sidewalk removal and replacement to from $100,00 to $200,000
During the fiscal year 2024 budgetary process, a total of $200,000 was set aside for sidewalk removal
and replacement utilizing Infrastructure Surtax dollars.
Through the adoption of Resolution No. 2023-95 on November 15, 2023, the Village Council approved
the issuance of a blanket purchase order to Flying Scot, Inc. for sidewalk removal and replacement for
$100,000, utilizing pricing established in an existing City of Palm Beach Gardens Contract:
City of Palm Beach Gardens contract number ITB2020-124PS, executed on November 25,
2020. This contract received thirteen (13) bidders on miscellaneous Public Works Projects, and
Flying Scot, Inc. was determined to be the lowest qualified bidder for sidewalk repair.
Village Staff is requesting an increase in the total amount allocated to Flying Scot from $100,000 to
$200,000. This additional funding will enable Staff to address more locations and further contribute to
the safety, accessibility, and aesthetic improvement of our community.
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department / Division Account
Number Account Description Amount
Infrastructure
Surtax
Public Works/
Streets & Grounds I7321-66210 Construction & Major
Renovation $200,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution increasing
the FY 2024 blanket purchase order to Flying Scot Inc. to $200,000, with funds expended from
Account No. I7321-66210 (Streets & Grounds - Construction & Major Renovation), utilizing
pricing established in an existing City of Palm Beach Gardens Contract in accordance with
Village policies and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA INCREASING THE BLANKET PURCHASE ORDER
WITH FLYING SCOT INC. FOR SIDEWALK REPAIR UTILIZING PRICING
ESTABLISHED IN AN EXISTING CITY OF PALM BEACH GARDENS
CONTRACT FROM $100,000 TO $200,000; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year and require
Village Council approval for blanket purchase orders issued to a single vendor in excess of $25,000; and
WHEREAS, through the adoption of Resolution No. 2023-95 on November 15, 2023, the Village
Council approved the issuance of a blanket purchase order for sidewalk removal and replacement in the
amount of $100,000 to Flying Scot Inc., utilizing pricing established in an existing City of Palm Beach
Gardens Agreement for Miscellaneous Public Works Projects (ITB2020-124PS); and
WHEREAS, Village Staff has requested an increase in the amount of purchase order to $200,000 for
Fiscal Year 2024; 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 increases the amount of the blanket purchase order issued to
Flying Scot Inc. for sidewalk removal and replacement during Fiscal Year 2024 to $200,000, utilizing
pricing established in an existing City of Palm Beach Gardens Agreement for Miscellaneous Publ ic
Works Projects (ITB2020-124PS), with funds expended from Account No. I7321-66210 (Streets &
Grounds - Construction & Major Renovation).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK