06-13-2024 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JUNE 13, 2024
501 U.S. HIGHWAY 1 7:00 PM
Susan Bickel Deborah Searcy Lisa Interlandi Kristin Garrison Orlando Puyol
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
APPROVAL OF MINUTES
1. Minutes of the Regular Session held May 23, 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, June 13, 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 Administrative Amendments to the Landscaping and Decorative Lighting
Maintenance Memoranda of Agreement and Amendment Number Two of the Locally Funded
Agreement with the Florida Department of Transportation relating to improvements associated with
the replacement of the U.S. Highway One Bridge over the Earman River and authorizing execution
of the Amendments.
3. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with Al
Packer Ford, Inc. in the total amount of $50,000 for vehicle parts and repairs.
4. RESOLUTION – Accepting a proposal from Action Sports Netting, Inc. for the installation of golf
course netting at the North Palm Beach Country Club at a total cost of $48,564.60; and authorizing
execution of the Contract.
5. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with GT
Supplies, Inc. in the total amount of $50,000 for dumpster parts and repairs.
6. RESOLUTION – Approving a Blanket Purchase Order with Star Farms, LLC for the purchase of sod
for the North Palm Beach Country Club in the total amount of $50,000.
7. RESOLUTION – Approving a Blanket Purchase Order with Florida Superior Sand, Inc. for the
purchase of 50/50 Sports Field Mix for the North Palm Beach Country Club in the total amount of $50,000.
8. Receive for file Minutes of the Development Review Committee meetings held 4/10/24 and 5/08/24.
9. Receive for file minutes of the Library Advisory Board meeting held 4/23/24.
10. Receive for file Minutes of the Planning, Zoning and Adjustment Board meeting held 5/7/24.
11. Receive for file Minutes of the Joint Meeting of the Planning, Zoning and Adjustment Board and the
Town of Lake Park Planning and Zoning Board held 5/8/24.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
12. 1ST READING OF ORDINANCE 2024-08 – CODE AMENDMENT – SMOKING PROHIBITED Consider
a motion to adopt on first reading Ordinance 2024-08 amending Article I, "In General," of Chapter
20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances to adopt a new Section
20-12, "Smoking Prohibited."
13. 2ND READING OF ORDINANCE 2024-07 – CODE AMENDMENT– ELECTRONIC PUBLICATION
OF NOTICES Consider a motion to adopt and enact on second reading Ordinance 2024-07 amending
Chapter 1, "General Provisions," of the Village Code of Ordinances by adopting a new Section 1-12,
"Electronic Publication of Notices."
OTHER VILLAGE BUSINESS MATTERS
14. RESOLUTION – ICE VENDING MACHINE SERVICES Accepting the proposal of HMF Commerce,
LLC to provide Ice Vending Machine Services at Anchorage Park; and authorizing execution of the
Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
Regular Session Agenda, June 13, 2024 Page 3 of 3
VILLAGE MANAGER MATTERS/REPORTS
15. DISCUSSION/PRESENTATION – Impact Fees Study
16. DISCUSSION – Council Meetings' Start Time
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 23, 2024
Present: Susan Bickel, Mayor
Deborah Searcy, Vice Mayor
Lisa Interlandi, President Pro Tem
Kristin Garrison, Councilmember
Orlando Puyol, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Bickel called the meeting to order at 6:00 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.
AWARDS AND RECOGNITION
Mayor Bickel presented Proclamations for National Safe Boating Week, National Gun Violence
Awareness Day, and Emergency Medical Services Week.
All recipients of the proclamations expressed their appreciation and thanked Council.
APPROVAL OF MINUTES
The Minutes of the Regular Session held on May 9, 2024 were approved as written.
STATEMENTS FROM THE PUBLIC
Mary Phillips, 525 Ebbtide Drive, spoke on behalf of the Environmental Committee. Ms. Phillips
stated that the Environmental Committee took a field trip to the Country Club in order to look at
the trees and make recommendations for bat houses and bird houses.
The following individuals made a public comment expressing their concerns regarding past
elections and how they were conducted by the Palm Beach County Supervisor of Elections:
Erin Atkas Cathy Savage
Patty Testa Mikki Isackson
Candace Rojas
Draft Minutes of the Village Council Regular Session held May 23, 2024 Page 2 of 4
CONSENT AGENDA APPROVED
President Pro Tem Interlandi moved to approve the Consent Agenda and Councilmember Puyol
seconded the motion, which passed unanimously. The following items were approved:
Resolution approving and ratifying a Memorandum of Understanding with the Federation of
Public Employees to amend Article 36 of the Collective Bargaining Agreement pertaining to
wages; and authorizing the Village Manager to execute the Memorandum of Understanding.
Receive for file Minutes of the General Employees Pension Board meeting held 2/6/24.
Receive for file Minutes of the Police and Fire Pension Board meeting held 2/13/24.
Receive for file Minutes of the Environmental Committee meeting held 4/1/24.
Receive for file Minutes of the Planning, Zoning and Adjustment Board meeting held 4/2/24.
Receive for file Minutes of the Recreation Advisory Board meeting held 4/9/24.
Receive for file Minutes of the Golf Advisory Board meeting held 4/15/24.
PUBLIC HEARING AND QUASI-JUDICAL MATTERS
ORDINANCE 2024-07 – CODE AMENDMENT – ELECTRONIC PUBLICATION OF NOTICES
A motion was made by Vice Mayor Searcy and seconded by Councilmember Puyol to adopt on
first reading Ordinance 2024-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 1, “GENERAL PROVISIONS,” OF THE
VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 1-12,
“ELECTRONIC PUBLICATION OF NOTICES;” PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDIN G
FOR AN EFFECTIVE DATE.
Mr. Rubin explained that during its 2022 session, the Florida Legislation adopted Section 50.0311,
Florida Statutes, allowing municipalities to publish advertisements and legal notices on the
county’s publicly accessible website in lieu of publication in a newspaper of general circulation.
The Village has executed the necessary agreements with Palm Beach County to utilize its website
for the publication of legal notices. Additionally, as required by Section 50.0311(6), Florida
Statutes, the Village will publish a notice in a newspaper of general circulation indicating that
property owners and residents may receive legally required advertisements and public notices from
the Village by first-class mail or e-mail upon registering their name and address or e-mail address
with the Village. The Village is also required to maintain a registry of such names and addresses,
as well as publish the required notice in a newspaper of general circulation at least once per year.
A link to the advertisements and public notices must be “conspicuously placed” on the Village’s website.
Mr. Rubin stated that a number of Village Code provisions require publication in a newspaper of
general circulation. The attached Ordinance would amend Chapter 1, “General Provisions,” of the
Village Code in order to allow the Village to publish on the county website in lieu of publishing
in the newspaper.
Thereafter, the motion to adopt on first reading Ordinance 2024-07 passed unanimously.
Draft Minutes of the Village Council Regular Session held May 23, 2024 Page 3 of 4
MAYOR AND COUNCIL MATTERS/REPORTS
President Pro Tem Interlandi stated that there was a very successful cleanup of Lakeside Park. A
teacher from Palm Beach Gardens High School and approximately 20 of her students collected
sixty (60) pounds of trash. President Pro Tem Interlandi suggested having local schools compete
to pick up trash at the park.
VILLAGE MANAGER MATTERS/REPORTS
Discussion – Country Club Restaurant Request for Proposals
Mr. Huff gave a brief background and an update on the Country Club Restaurant Request for
Proposals. Mr. Huff explained that he and Country Club General Manager Beth Davis worked
together to draft an RFP that has been legally reviewed. Mr. Huff stated that he believed that the
RFP encompassed and covered more than any RFP that has been done in the past.
Vice Mayor Searcy stated that there was not enough information in the RFP related to the current
restaurant’s financials.
Councilmember Puyol stated that the process of the RFP would allow the restauranteurs to
envision the potential of the Country Club restaurant based on their expertise.
Mayor Bickel stated that she agreed with Councilmember Puyol’s assessment of the RFP.
Vice Mayor Searcy recommended that more detailed information regarding the revenues of the
past five (5) years be provided to the restauranteurs and stated that she did not agree with the
proposed revenue being the number one criteria in the RFP.
Vice Mayor Searcy explained and discussed additional concerns she had with the RFP and gave
recommendations for revisions.
Discussion ensued between the Councilmembers, Mr. Rubin and Mr. Huff regarding the Country
Club Restaurant Request for Proposals.
President Pro Tem Interlandi stated that the Environmental Committee was requesting that
Farmer’s Table’s herb gardens and beds be allowed to remain at the restaurant and to allow the
garden group to maintain them.
President Pro Tem Interlandi asked Mr. Rubin to explain the “Cone of Silence” as it pertained to
the Country Club Restaurant Request for Proposals.
Mr. Rubin explained that the potential vendors of the RFP could not lobby or speak to the
Councilmembers until the award of the contract has taken place.
Councilmember Puyol congratulated staff on putting the RFP together in a short amount of time.
Discussion continued between Councilmembers regarding Vice Mayor Searcy’s concerns with the
Country Club Restaurant Request for Proposals.
Draft Minutes of the Village Council Regular Session held May 23, 2024 Page 4 of 4
Discussion – Country Club Restaurant Request for Proposals continued
Russel Beverstein, 415 U.S. Highway 1, Unit 210, stated that he had been in the restaurant business
for fifty (50) years. Mr. Beverstein made recommendations, and gave advice on how to choose a
restauranteur for the Country Club.
Vice Mayor Searcy commented that it was very nice to be ending the Council meeting at 7 p.m.
instead of starting at 7 p.m.
Mayor Bickel asked Mr. Huff to add a discussion regarding the start time of Council meetings on
the next Council meeting agenda.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:05 p.m.
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jamie Mount, P.E., Assistant Director of Public Works
DATE: June 13, 2024
SUBJECT: RESOLUTION – Approval of FDOT Administrative Amendments for Decorative
Lighting and Landscape Maintenance Memoranda of Agreement associated with
the US Highway 1 Bridge over Earman River Project and approval of Amendment
Number Two to the Locally Funded Agreement with FDOT for aesthetic features
associated with the Project
The Florida Department of Transportation (FDOT) requested that the Village execute the following
Administrative Amendments to the Decorative Lighting Maintenance Memorandum of Agreement and
the Landscape Maintenance Memorandum of Agreement originally executed in April 2022 to revise the
project numbers:
1. Administrative Amendment 1 to Decorative Lighting MMOA 442891-1-52-01 - The project
number “442891-1-52-01” shall be replaced with “442891-2-52-01” in each instance where it
appears throughout the entirety of the executed Agreement.
2. Administrative Amendment 1 to Landscape MMOA 442891-1-52-01 - The project number
“442891-1-52-01” shall be replaced with “442891-2-52-01” in each instance where it appears
throughout the entirety of the executed Agreement.
Additionally, FDOT has requested that the Village execute Amendment Number Two to the Locally
Funded Agreement whereby the Village agreed to provide financial assistance for the construction and
installation of aesthetic features, stamped concrete pavement, and decorative lighting associated with
FDOT’s replacement of the U.S. Highway One bridge over the Earman River (C-17 Canal). This
Amendment replaces the original project number of 442891-1-52-02 with project number 442891-2-52-
02. These amendments are all ministerial in nature, and all other terms and conditions of the originally
executed Agreements shall remain in full force and effect.
Recommendation:
Village Staff request Council consideration and approval of the attached Resolution approving
Administrative Amendment 1 to the Decorative Lighting MMOA with FDOT, Administrative
Amendment 1 to Landscape MMOA with FDOT, and Amendment Number Two to the Locally
Funded Agreement with FDOT for the U.S. Highway One Bridge over the Earman Rive r and
authorizing the Mayor and Village Clerk to execute the Amendments in accordance with Village
policies and procedures.
Page 1 of 2
RESOLUTION 2024-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING ADMINISTRATIVE AMENDMENTS
TO THE LANDSCAPING AND DECORATIVE LIGHTING MAINTENANCE
MEMORANDA OF AGREEMENT AND AMENDMENT NUMBER TWO TO THE
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION RELATING TO IMPROVEMENTS ASSOCIATED WITH
THE REPLACEMENT OF THE U.S. HIGHWAY ONE BRIDGE OVER THE
EARMAN RIVER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AMENDMENTS; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (“FDOT”) is replacing the U.S. Highway One
bridge over the Earman River (C-17 Canal); and
WHEREAS, in 2022, the Village executed two Maintenance M emoranda of Agreement for
Landscaping and Decorative Lighting with FDOT, as well as a Locally Funded Agreement to provide
financial assistance for the inclusion of additional aesthetic features, including, but not limited to,
landscape planters, trash receptacles, benches, stamped concrete pavement, decorative lighting, and
lighted Village logos; and
WHEREAS, FDOT has requested that the Village to execute Administrative Amendments to the
Maintenance Memoranda of Agreement and Amendment Number Two to the Locally Funded
Agreement to revise the project numbers; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of
the health, safety, and welfare 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 “whereas” clauses are hereby adopted and incorporated herein.
Section 2. The Village Council hereby approves Administrative Amendment 1 to the Landscape
Maintenance Memorandum of Agreement, Administrative Amendment 1 to the Decorative Lighting
Maintenance Memorandum of Agreement, and Amendment Number Two the Locally Funded
Agreement with the Florida Department of Transportation, copies of which are attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendments on
behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
Page 2 of 2
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Florida Department of Transportation
RON DESANTIS
GOVERNOR 3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
JARED W. PERDUE, P.E.
SECRETARY
www.fdot.gov | www.d4fdot.com
May 8, 2024
Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
Attn: Chuck Huff, Village Manager
RE: Administrative Amendment 1 to Decorative Lighting MMOA 442891-1-52-01
Mr. Huff,
This letter shall serve to amend Decorative Lighting Maintenance Memorandum of Agreement
(MMOA), executed 04/29/2022, by and between the Florida Department of Transportation,
hereinafter called the DEPARTMENT, and the VILLAGE OF NORTH PALM BEACH, a
municipal corporation of the State of Florida, hereinafter called the AGENCY.
The DEPARTMENT shall amend the following provisions of the MMOA:
• The project number “442891-1-52-01” shall be replaced with “442891-2-52-01” in each
instance where it appears throughout the entirety of the executed Agreement.
Except as expressly amended herein, all other terms and conditions of the April 29, 2022,
Agreement shall remain in full force and effect.
This amendment shall be deemed effective immediately upon the receipt of written confirmation
from both parties.
Should you have any questions or concerns, please feel free to contact Irj Tajdar, Maintenance
Memorandum Agreements Coordinator, at 954-777-4407 or email irj.tajdar@dot.state.fl.us
Sincerely,
Lennox Ballah
District 4 Maintenance Contracts Administrator
Florida Department of Transportation
Acknowledgement:
AGENCY:
Village Of North Palm Beach, a municipal
Corporation of the State of Florida:
By: _____________________________________ Date: _____________________________
City Manager / Mayor
Print Name: ______________________________
ATTEST:
By: _____________________________________ Date: _____________________________
Clerk
Print Name: ______________________________
Approved as to Form:
By: _____________________________________ Date: _____________________________
City Attorney
Print Name: ______________________________
Florida Department of Transportation
RON DESANTIS
GOVERNOR 3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
JARED W. PERDUE, P.E.
SECRETARY
www.fdot.gov | www.d4fdot.com
May 7, 2024
Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
Attn: Chuck Huff, Village Manager
RE: Administrative Amendment 1 to Landscape MMOA
Mr. Huff,
This letter shall serve to amend Landscape Maintenance Memorandum of Agreement (MMOA)
Amendment Number One (1), executed April 22, 2022, by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the
VILLAGE OF NORTH PALM BEACH, a municipal corporation of the State of Florida,
hereinafter called the AGENCY.
The DEPARTMENT shall amend the following provisions of the MMOA:
• The project number “442891-1-52-01” shall be replaced with “442891-2-52-01” in each
instance where it appears throughout the entirety of the executed Agreement.
Except as expressly amended herein, all other terms and conditions of the April 22, 2022,
Agreement shall remain in full force and effect.
This amendment shall be deemed effective immediately upon the receipt of written confirmation
from both parties.
Should you have any questions or concerns, please feel free to contact Christine McKay,
Landscape Agreements Coordinator, at 954-677-7897 or email christine.mckay@dot.state.fl.us.
Sincerely,
Kaylee Kildare
Landscape Manager, District 4
Florida Department of Transportation
Acknowledgement:
AGENCY:
Village Of North Palm Beach, a municipal
Corporation of the State of Florida:
By: _____________________________________ Date: _____________________________
City Manager / Mayor
Print Name: ______________________________
ATTEST:
By: _____________________________________ Date: _____________________________
Clerk
Print Name: ______________________________
Approved as to Form:
By: _____________________________________ Date: _____________________________
City Attorney
Print Name: ______________________________
FM No: 442891-1-52-02
442891-2-52-02
Vendor No: VF-596-017-984
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER TWO
THIS Amendment, made and entered into this day of
, 20 , by and between the State of Florida Department of Transportation, an agency of the
State of Florida, hereinafter called the DEPARTMENT, and the Village of North Palm Beach at 501 US
Highway 1, North Palm Beach, FL 33408, hereinafter called the VILLAGE.
WITNESSETH
WHEREAS, on April 18, 2022, the parties entered into a Locally Funded Agreement, hereinafter
referred to as “the Agreement”, wherein the VILLAGE agreed to provide the DEPARTMENT with
financial assistance in connection with Financial Management (FM) No. 442891-1-52-02 for the
construction and installation of: aesthetic features (landscape planters, trash receptacles, and anchored
benches), stamped concrete pavement, decorative lighting, and a LED internally illuminated cabinet wall
system collectively referred to as “the Project”. The Project will be done as part of the DEPARTMENT’S
Bridge replacement work at SR-5/US-1 Federal Highway over the Earman River (C-17) Bridge 930003 in
Palm Beach County, Florida; and
WHEREAS, the parties amended the Agreement on December 27, 2023 to add additional
VILLAGE funds to the Project (Amendment One); and
WHEREAS, the parties herein desire to further amend the Agreement to change the
DEPARTMENT’S Financial Management number for the Project.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein, the parties agree to further amend the Agreement as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. This Amendment hereby deletes all references of the Financial Management (FM) No. 442891-
1-52-02 in its entirety and replaces it with Financial Management (FM) No. 442891-2-52-02.
3. All other terms, conditions, and respective commitments by the parties shall remain in full force
and effect.
1 of 2
All provisions, covenants, terms, and conditions of the Agreement as originally set forth therein,
which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby
ratified and confirmed and shall remain the same and be unaffected by these presents.
IN WITNESS WHEREOF, this Amendment is to be executed by the parties below for the purposes
specified herein. Authorization has been given to enter into and execute this Amendment by the Village of
North Palm Beach’s Resolution Number , hereto attached.
VILLAGE OF NORTH PALM BEACH, STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: BY:
Village Manager / Mayor
Director of Transportation Development
ATTEST:
BY:
Village Clerk
LEGAL REVIEW:
BY:
Village Attorney
BY:
Francine Steelman, Assistant General Counsel
APPROVED:
BY: _________________________________
District Program Management Administrator
2 of 2
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Keith Davis, Fleet Manager
DATE: June 13, 2024
SUBJECT: RESOLUTION – Approving an increase in the FY 2024 Blanket Purchase Order issued to Al Packer, Inc. to $50,000
Village Staff is recommending Village Council consideration and approval of the attached Resolution
increasing the FY 2024 blanket purchase order issued to Al Packer, Inc. to $50,000.
The Village uses Al Packer, Inc. for parts and repairs. The Village has spent $25,000.00 with this vendor
year to date on parts and repairs. The Fleet division anticipates additional repairs will be needed before
the end of fiscal year 2024. These repairs are critical to the Police department continuing to provide
uninterrupted services to the residents of the Village of North Palm Beach.
In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase
order when the aggregate fiscal year spending to a single vendor exceeds $25,000:
Blanket purchase orders in excess of $25,000 shall be approved by the Village Council,
provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall
be placed on the Consent Agenda.
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
General Public Works/
Fleet A5522-34610 R & M Automotive $50,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution increasing
the FY 2024 blanket purchase order issued to Al Packer, Inc. to $50,000, with funds expended
from Account No. A5522-34610 (Fleet – R & M Automotive), 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 BLANKET PURCHASE ORDER FOR
THE PUBLIC WORKS DEPARTMENT WITH AL PACKER, INC. IN THE TOTAL
AMOUNT OF $50,000 FOR VEHICLE PARTS AND REPAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year; and
WHEREAS, the Village issued a blanket purchase order to Al Packer, Inc. in the amount of $25,000
for vehicle parts and repairs; and
WHEREAS, Village Staff estimates that an additional $25,000 will be required for the current fiscal
year, and the Village’s purchasing policies and procedures require that blanket purchase orders in
excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval;
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 a $25,000 increase in the blanket purchase order
issued to Al Packer, Inc. for a total amount of $50,000 for Fiscal Year 2024, with funds expended
from Account No. A5522-34610 (Public Works/Fleet – R & M Automotive).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, Country Club General Manager
Allan Bowman, Head Golf Professional
DATE: June 13, 2024
SUBJECT: RESOLUTION – Accepting a proposal from Action Sports Netting, Inc. for the installation
of protective netting on Golf Course Fairway No. 1 and authorizing execution of a
Contract.
Village staff requests Council consideration and approval of the attached Resolution accepting the
proposal of Action Sports Netting, Inc. to install golf course netting at the North Palm Beach Country Club
and authorizing execution of a Contract in the amount of $48,567.60.
Background / Project Scope:
Since 2018, the golf course has experienced a 36% increase in annual golf rounds played. This increase
has led to a significant rise in errant golf balls landing on the tennis center property and the roadway
along the 1st fairway. With 80% of golfers being right-handed, the majority of missed shots veer to the
right, impacting the back tennis lawn, roadway, courts, and employee parking lot. Consequently, the Club
has incurred several claims for vehicle damage caused by errant golf balls in these areas.
While the installation of a net cannot guarantee that 100% of errant golf balls will be stopped, it is
expected to intercept the majority of these balls, thereby enhancing the safety of tennis center patrons
and employees using the north-side parking lot.
The installation of protective netting will also create 50-60 additional parking spots along the east side of
the 1st fairway and the west side of the tennis roadway leading out to the employee parking lot.
Quotes:
In accordance with the Village’s purchasing policy, Village staff has obtained three (3) quotes, and Action
Sports Netting, Inc. provided the lowest cost quote.
Golf Range Netting $80,507.92
Gorilla Netting $70,000.00
Action Sports Netting, Inc. $48,564.60
It is also important to note that Action Sports Netting, Inc. was previously utilized by NPBCC in 2023 for
the installation of protective netting along the driving range.
Account Information:
Fund Department Account
Number Account Description Amount
Country Club Golf Course Maintenance L8045-66210 Construction & Major
Renovation $48,564.60
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
accepting the proposal of Action Sports Netting, Inc. for the installation of golf course netting at
a cost not to exceed $48,564.60, with funds expended from Country Club Account No. L8045-
66210 (Golf Course Maintenance – Construction & Major Renovation), and authorizing the Mayor
and Village Clerk to execute a Contract for these services in accordance with Village policies and
procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM ACTION
SPORTS NETTING, INC. FOR THE INSTALLATION OF GOLF COURSE
NETTING AT THE NORTH PALM BEACH COUNTRY CLUB AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village solicited written quotes for the installation of protective golf course netting
at the North Palm Beach Country Club adjacent to Fairway No. 1; and
WHEREAS, Village Staff recommended accepting the lowest cost proposal submitted by Action
Sports Netting, Inc. to perform the work; and
WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from Action Sports Netting, Inc. for
the installation of protective golf course netting at the North Palm Beach Country Club at a total cost
of $48,564.60, with funds expended from Account No. L8045-66210 (Golf Course Maintenance –
Construction & Major Renovation), and authorizes the Mayor and Village Clerk to execute a Contract
for these services, a copy of which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 7
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 ACTION SPORTS NETTING, INC.,
a Florida corporation, 1511 S.W. Mockingbird Circle, Port St. Lucie, Florida 34986 (hereinafter
“CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE solicited written quotations for the installation of protective golf course
netting at the North Palm Beach Country Club adjacent to Fairway No. 1 (“Work”); and
WHEREAS, the VILLAGE wishes to accept the written quotation submitted by CONTRACTOR,
and CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of
this Contract.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated herein
by reference.
2. CONTRACTOR’s Services and Time of Completion.
A. CONTRACTOR shall perform the Work in accordance with its Quotation dated May 16,
2024, which is incorporated herein by reference.
B. This Contract shall remain in effect until such time as the Work is completed, inspected, and
accepted by the VILLAGE, provided, however, that any obligations of a continuing nature
shall survive the expiration or termination of this Contract.
C. The total cost of the Work shall not exceed Forty-Eight Thousand Five Hundred and Sixty-
Four Dollars and Sixty Cents ($48,564.60).
D. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar
days.
3. Compensation to CONTRACTOR.
Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of
compensation stated in Section 3(C) above without prior written consent of the VILLAGE.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s
representative, indicating that goods and services have been provided and rendered in conformity
with this Contract, and they then will be sent to the Finance Department for payment.
Page 2 of 7
CONTRACTOR may be paid a deposit as set forth in its Quotation. 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 hav e been properly performed and all charges
have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other
further charges if not properly included in this final invoice are waived by CONTRACTOR. The
VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after
the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates ev idencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $1,000,000 combined single limit for bodily
injury and property damages liability to protect CONTRACTOR from claims for damages for
bodily and personal injury, including death, as well as from claims for property damage, which
may arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles.
C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability
Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as
an “Additional Insured”.
5. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees.
Page 3 of 7
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants, and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants, and employees. The terms of this
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Contract for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
Section 768.28, Florida Statutes.
6. Compliance with all Laws, Regulations and Ordinances.
In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required
permits 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. CONTRACTOR shall not be responsible for the payment of permit fees.
7. Warranty/Guaranty.
CONTRACTOR warrants that all Work, including goods and services, provided under this Contract
will be free of defects in material and workmanship for a period of one (1) year following completion
of the Work and successful final inspection or as otherwise set forth in the Estimate. Should any
Work fail to comply with this warranty during the warranty period, upon written notification from the
VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or
workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE
with copies of all manufacturer warranties and certify that the Work complies with the conditions set
forth in such warranties, if any.
8. Access/Audits.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing services pursuant to this Contract for at least five (5) years after
termination of this Contract. The VILLAGE shall have access to such books, records, and documents
as required in this section for the purpose of inspection or audit during normal business hours, at
CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to
disclose any confidential or proprietary information regarding its products and service costs.
9. Protection of Work and Property.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage,
and shall protect the VILLAGE’s property and adjacent private and public property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or
loss, except that which may be directly due to errors caused by the VILLAGE or employees
of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such
protection.
B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the
Page 4 of 7
charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any other
cause whatsoever, and CONTRACTOR shall repair, restore and make good, without
additional Work occasioned by any of the above causes before its completion and acceptance.
C. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is
being accomplished during and throughout the completion of all work.
10. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. CONTRACTOR is, and shall be, in the performance of all Work under thi s Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR’s sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof. The parties knowingly, voluntarily and intentionally
waiver any right they may have to trial by jury with respect to any litigation arising out of
this Contract.
D. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
E. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law.
F. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
Page 5 of 7
G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added
to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination. In the event of a conflict between this Contract and CONTRACTOR’s Estimate,
the terms of this Contract shall control.
H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of newly hired employees and has received
an affidavit from each subcontractor stating that the subcontractor does not employ, contract
with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that
CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE
shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be
amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly
violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained,
it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract
with the subcontractor.
I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR
501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all
relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida
Statutes, CONTRACTOR shall:
(1) Keep and maintain public records required by the VILLAGE to perform the service.
(2) Upon request from the VILLAGE’s custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
(4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of CONTRACTOR or keep and maintain public records required
by the VILLAGE to perform the services. If CONTRACTOR transfers all public
Page 6 of 7
records to the VILLAGE upon completion of the Contract, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of
public records, in a format that is compatible with the information technology systems
of the VILLAGE.
J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR
and its subcontractors. CONTRACTOR understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of CONTRACTOR or its
subcontractors to fully cooperate with the Inspector General when requested may be deemed by
the VILLAGE to be a material breach of the Contract justifying termination.
K. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submits, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, or
subcontractor with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY
TWO for a period of thirty-six (36) months following the date of being placed on the convicted
vendor list. CONTRACTOR will advise the VILLAGE immediately if it becomes aware of
any violation of this statute.
L. CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to Section
287.135, Florida Statutes, the VILLAGE may immediately terminate this Contract at is sole
option if CONTRACTOR or any of its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
ACTION SPORTS NETTING, INC.
By:
Print Name:__________________________
Position:_____________________________
Page 7 of 7
VILLAGE OF NORTH PALM BEACH
By: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
1511 SW Mockingbird Circle * Port St Lucie, FL 34986
Office (772) 336-5900 Email: actionsportsnet@gmail.com
PAGE – 1
May 16, 2024
Allan Bowman, Head Golf Professional
North Palm Beach Country Club
951 U.S. Highway 1
North Palm Beach, FL 33408
Re: 1ST Hole Protective Netting
Hello Allan,
The cost to furnish and install the protective netting on the 1st hole at the North Palm Beach
Country Club in North Palm Beach Florida is as followed:
Furnish and Install Protective Netting System on 1st Hole:
• 25’ High X 500’ Long
Total Installed Cost: $ 48,564.60
The above cost includes the following materials, labor and equipment:
1. Treated Utility Wood Poles, 11 – 35’
2. 2’ Netting skirt at bottom of netting
3. LFS #930 golf netting (10-year warranty)
4. Attachment spring snaps
5. Galvanized Hardware
6. Galvanized Cables
7. Galvanized Ground anchors and down guys (end poles only)
8. Shipping to job-site
9. Labor and Equipment
10. Mobilization
1511 SW Mockingbird Circle * Port St Lucie, FL 34986
Office (772) 336-5900 Email: actionsportsnet@gmail.com
PAGE -2
The above price does not include the following:
1. Permits of any kind
2. Taxes of any kind
3. Restorations of grounds or dirt removal from drilling pole holes.
This bid and the above price are based on the following:
1. Mobilization costs included in our proposal are based on one move-on and move-off.
Any work stoppage directed by the client causing additional move-on required to
complete the project will be invoiced at the rate of $6,000.00.
Payment Terms:
• 30% deposit
• Balance on completion
This quote is good for 45-days. Please allow 6 to 7 weeks for delivery and installation.
Sincerely,
Dennis Bryan, President
Action Sports Netting, Inc.
OrderGolf Range Netting
40351 US Hwy 19 N
Suite 303
Tarpon Springs, FL 34689
P (727) 938-4448 F (727) 938-4135
info@golfrangenetting.com
www.golfrangenetting.com
Date: 5/14/2024
Expiration Date: 6/13/2024
ID: Q24-00682
Billing Address
Product
North Palm Beach CC
North Palm Beach Country Club
951 US-1
West Palm Beach, FL 33408
USA
(561) 691-3421
abowman@village-npb.org
(561) 691-3421
Contact
North Palm Beach CC
Phone: (561) 691-3421
Email: abowman@village-npb.org
Scope of work: New instillation of barrier netting along right side of 1st tee to protect overflow parking. Poles are to be direct set by jetting into the soil and
tamping natural soil into place.
Shipping / Location
North Palm Beach Country Club
951 US-1
West Palm Beach, FL 33408
USA
Sales Person
Cody Walsingham
(727) 301-9055
sales@golfrangenetting.com
Misc. Rental Equipment | Dump Truck
DUMP TRAILER RENTAL
Service
AIR COMPRESSOR RENTAL
LABOR | Service
ONSITE LABOR
Digger Truck | DIGGER | Service
FREIGHTLINER-FLD80-DIGGER- N9680S
Manlift | MANLIFT | Service
MANLIFT RENTAL- 40'
Skid Loader | SKID
SKIDSTEER RENTAL- MEDIUM
Fee | Gas | Other
ONSITE FUEL
26.5' x 50' 18 Golf Net Panel Wood Fencing
25' Wood 18 Golf Poly Net
Subtotal
Tax
Summary
80,507.92
0.00
Inclusions
5-year Warranty on Netting
5-year Warranty on Labor & Materials
Engineered to Code - signed & sealed plans included. Engineered to
building wind code by law
Signature
Assigned
Cody Walsingham, Karianne Ramsay, Shawn Szuba
-
Page 1
OrderGolf Range Netting
40351 US Hwy 19 N
Suite 303
Tarpon Springs, FL 34689
P (727) 938-4448 F (727) 938-4135
info@golfrangenetting.com
www.golfrangenetting.com
Date: 5/14/2024
Expiration Date: 6/13/2024
ID: Q24-00682
*Turnkey price includes: poles, hardware, netting, snaps, equipment rental & labor
Golf Range Netting must have 100% access to the site where work is to be performed. GRN is not responsible for damage to grass, ruts, concrete, irrigation
and/or sprinkler heads, etc. that are in the immediate area where GRN crews and equipment will be working. We will use our utmost care to avoid such
damage.
It is the customer's responsibility to have private utilities located prior to any drilling. GRN will order public locates. Customer is responsible for any permits
required.
If GRN encounters unforeseen ground conditions not typical to the area (i.e. rock, concrete, wood, pilings, etc.), additional equipment and manpower will be
needed resulting in additional charges to the customer.
Customer is responsible for removing any interfering tree branches, limbs, foliage, etc. in the project area.
We design, engineer and install the highest quality transmission powerline-grade netting structures. Our focus is on offering the best product and Warranty
in the business. Our structures are completely maintenance free. We offer full turnkey installations and only use in-house employees and never sub-contract
our work. All of our crews are certified power linemen with over 140 years combined experience including 25 years in the netting industry. We may not be
the cheapest option as we use superior materials, but you get what you pay for. Our ability to offer a full 100% Warranty justifies the fact that our structures
are above other company's specifications and can out-last their structures. We are confident in our work and if you contact any of our previous customers,
you will see that they are pleased with their results as well. All of our structures are custom and designed to meet code. No one matches the quality of GRN
and that is why our past clients keep coming back to us for additional work.
Terms & Conditions
Warranty will be provided upon receipt of final payment. Sample Warranty available upon request. Warranty does not apply to any damage or defect to the
product resulting from or arising out of vandalism, war, 'Acts of God', catastrophic events, damages above and beyond building wind codes, and any other
similar cause not within the control of Golf Range (i.e. ice, storm damage, hail, wildlife, etc.).
Warranty
Page 2
Golf Range Netting
40351 US Hwy 19 N
Suite 303
Tarpon Springs, FL 34689
P (727) 938-4448 F (727) 938-4135
info@golfrangenetting.com
www.golfrangenetting.com
Images
Quote Date: 5/14/2024
Expiration Date: 6/13/2024
Order
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Charles Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: June 13, 2024
SUBJECT: RESOLUTION – Approval to increase the FY 2024 Blanket Purchase Order issued to GT Supplies, Inc. to $50,000
Village Staff is recommending Village Council consideration and approval of the attached Resolution to
increase the FY 2024 blanket purchase order issued to GT Supplies, Inc. to $50,000.
The Village uses GT Supplies, Inc. for reconditioning existing dumpsters as needed. Earlier in the fiscal
year, a blanket purchase order was issued to GT Supplies, Inc. in the amount of $25,000 for the
purchase/fabrication of dumpsters and parts/repairs.
Based on the current year trend, staff is estimating that an additional $25,000 is needed for these
services for the remainder of this fiscal year and is recommending that $25,000 be added to the existing
purchase order for this vendor.
In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase
order when the aggregate fiscal year spending to a single vendor exceeds $25,000:
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
General Public Works/
Solid Waste A7020-35217 Machinery &
Equipment Supplies $50,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution increasing
the FY 2024 blanket purchase order issued to GT Supplies, Inc. to $50,000, with funds expended
from Account No. A7020-35217 (Solid Waste – Machinery & Equipment 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 A BLANKET PURCHASE ORDER FOR
THE PUBLIC WORKS DEPARTMENT WITH GT SUPPLIES, INC. IN THE
TOTAL AMOUNT OF $50,000 FOR DUMPSTER PARTS AND REPAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year; and
WHEREAS, the Village issued a blanket purchase order to GT Supplies in the amount of $25,00 for
dumpster parts and repairs; and
WHEREAS, Village Staff estimates that an additional $25,000 will be required for the current fiscal
year, and the Village’s purchasing policies and procedures require that blanket purchase orders in
excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval;
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 a $25,000 increase in the blanket purchase order
issued to GT Supplies, Inc. for a total amount of $50,000 for Fiscal Year 2024, with funds expended
from Account No. A7020-35217 (Public Works/Solid Waste – Machinery & Equipment Supplies).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, Country Club General Manager
Allan Bowman, Head Golf Professional
DATE: June 13, 2024
SUBJECT: Resolution – Approval of a FY 2024 Blanket Purchase Order to Star Turf Farms, LLC in the amount of $35,000
Village Staff is requesting Council consideration and approval of the attached Resolution approving the
issuance of a blanket purchase order in an amount not to exceed $35,000 to Star Turf Farms, LLC for
the purchase of sod at the North Palm Beach Country Club.
The Village has previously utilized Star Turf for the golf course sod needed for the pond bank
stabilization process at Holes # 12 and #15, as well as other areas of the golf course requiring repair
or rebuilding. To maintain consistency in grass strands and color, Staff is requesting that Star Turf
be designated as the Village’s sole provider. To date, the Village has spent a total of $12,043 with
this vendor. Based on the current year trends, staff estimates that an additional $22,957 will be
needed for these services for the remainder of the current fiscal year. Therefore, Staff is requesting
the issuance of a blanket purchase order to this vendor in a total amount not to exceed $35,000 for
Fiscal Year 2024.
In accordance with the Village’s purchasing policy, Village Council approval is required for a blanket
purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000:
Blanket purchase orders in excess of $25,000 shall be approved by the Village Council,
provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000
shall be placed on the Consent Agenda.
History:
In 2023, pond bank stabilization cost the Village approximately $130.00 per linear foot. For the 2024
pond bank stabilization process, the staff divided the project into three components: Marsh Management;
sod; and a 50/50 sports field mix. This strategy ensures the Village receives the best possible pricing
and takes advantage of its tax-exempt status. The anticipated total price for pond bank stabilization in
2024 is $107.00 per linear foot, representing a savings of $23.00 per linear foot. For 2000 feet, this
results in a total savings of $46,000 compared to the previous year. Any sod not used for the stabilization
process will be utilized in other areas of the golf course that require repair.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Comment Amount
Country
Club
Golf / Golf Course
Maintenance
L8045-
66210
Construction and
Major Renovation
Pond Bank
Stabilization (Capital
Project Cost)
$12,000
Country
Club
Golf / Golf Course
Maintenance
L8045-
35222 Trees & Sod Operational
Expense $23,000
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving the issuance of a blanket purchase order to Star Turf Farms, LLC in an amount not
to exceed $35,000, with $12,000 expended from Account No. L8045-66210 (Golf Course
Maintenance – Construction and Major Renovation) and $23,000 expended from Account No.
L8045-35222 (Golf Course Maintenance – Trees and Sod) 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 BLANKET PURCHASE ORDER
WITH STAR FARMS, LLC FOR THE PURCHASE OF SOD FOR THE NORTH
PALM BEACH COUNTRY CLUB IN THE TOTAL AMOUNT OF $35,000; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year; and
WHEREAS, Village Staff has requested the issuance of a blanket purchase order to Star Farms, LLC
in the amount of $35,000 for the purchase of sod needed for pond bank stabilization projects for the
current fiscal year; and
WHEREAS, Star Farms has provided sod in connection with previous stabilization projects and Staff
wishes to maintain consistency in grass strands and color; and
WHEREAS, the Village’s purchasing policies and procedures require that blanket purchase orders in
excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval;
and
WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver
of any conflicting purchasing policies, 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 issuance of a blanket purchase order in an
amount not to exceed $35,000 to Star Farms, LLC for the purchase of sod at the North Palm Beach
Country Club for Fiscal Year 2024, with $12,000 expended from Account No. L8045-66210 (Golf
Course Maintenance – Construction and Major Renovation) and $23,000 expended from Account
No. L8045-35222 (Golf Course Maintenance – Trees and Sod).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, Country Club General Manager
Allan Bowman, Head Golf Professional
DATE: June 13, 2024
SUBJECT: Resolution – Approval of a FY 2024 Blanket Purchase Order to Florida Superior Sand, Inc. in the amount of $50,000
Village Staff is requesting Council consideration and approval of the attached Resolution approving
the issuance of a blanket purchase order in an amount not to exceed $50,000 to Florida Superior
Sand, Inc. for the purchase of 50/50 sports field mix (of topsoil and sand) for the North Palm Beach
Country Club.
Summer Projects for the Golf Course for FY 2024 include pond bank stabilization and other repair
areas on the golf course. Florida Superior Sand is a local provider capable of handling the required
volume of material for the stabilization project. Their material quality will allow us to remain
consistent with previously supplied materials for the golf course. To date, the Village has spent a
total of $10,320 with this vendor. Based on the current year trends, staff estimates that an
additional $39,680 will be needed for these services for the remainder of this fiscal year.
Therefore, Staff is requesting the issuance of a blanket purchase order to this vendor in a total
amount not to exceed $50,000 for Fiscal Year 2024.
Staff has checked tonnage prices locally for our 50/50 sports field mix:
AIA So Sand and Soil: $ 55.00 (not delivered)
Florida Superior Sand: $ 53.50 (delivered)
Precision Landscape: does not provide
Gravel Shop: does not provide in this area
Bushel Shop: does not have the correct mix
In accordance with the Village’s purchasing policy, Village Council approval is required for a
blanket purchase order when the aggregate fiscal year spending to a single vendor exceeds
$25,000:
Blanket purchase orders in excess of $25,000 shall be approved by the Village Council,
provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000
shall be placed on the Consent Agenda.
History:
In 2023, pond bank stabilization cost the Village approximately $130.00 per linear foot. For the 2024
pond bank stabilization process, the staff divided the project into three components: Marsh
Management; sod; and a 50/50 sports field mix. This strategy ensures the Village receives the best
possible pricing and takes advantage of its tax-exempt status. The anticipated total price for pond
bank stabilization in 2024 is $107.00 per linear foot, representing a savings of $23.00 per linear foot.
For 2000 feet, this results in a total savings of $46,000 compared to the previous year. Any 50/50
sports field mix not used for the stabilization process will be utilized in other areas of the golf course
that require repair.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Comment Amount
Country
Club
Golf / Golf Course
Maintenance
L8045-
66210
Construction and
Major Renovation
Pond Bank
Stabilization (Capital
Project Cost)
$30,000
Country
Club
Golf / Golf Course
Maintenance
L8045-
35228
Sand / Clay / Shell /
Topsoil Operational Expense $20,000
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving the issuance of a blanket purchase order to Florida Superior Sand, Inc. in an
amount not to exceed $50,000, with $30,000 expended from Account No. L8045-66210 (Golf
Course Maintenance – Construction and Major Renovation) and $20,000 expended from
Account No. L8045-35228 (Golf Course Maintenance – Sand/Clay/Shell/Topsoil) 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 BLANKET PURCHASE ORDER WITH
FLORIDA SUPERIOR SAND, INC. FOR THE PURCHASE OF 50/50 SPORTS FIELD
MIX FOR THE NORTH PALM BEACH COUNTRY CLUB IN THE TOTAL
AMOUNT OF $50,000; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase
orders for materials purchased over a certain period of time not to exceed a single fiscal year; and
WHEREAS, Village Staff has requested the issuance of a blanket purchase order to Florida Superior
Sand, Inc. in the amount of $50,000 for the purchase of 50/50 sports field mix (of topsoil and sand)
needed for pond bank stabilization projects for the current fiscal year; and
WHEREAS, Florida Superior Sand is a local provider and has provided materials for previous
stabilization projects; and
WHEREAS, the Village’s purchasing policies and procedures require that blanket purchase orders in
excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval; and
WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver
of any conflicting purchasing policies, 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 issuance of a blanket purchase order in an
amount not to exceed $50,000 to Florida Superior Sand, Inc. for the purchase of 50/50 sports field mix
at the North Palm Beach Country Club for Fiscal Year 2024, with $30,000 expended from Account No.
L8045-66210 (Golf Course Maintenance – Construction and Major Renovation) and $20,000 expended
from Account No. L8045-35228 (Golf Course Maintenance – Sand/Clay/Shell/Topsoil).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
THE VILLAGE OF NORTH PALM BEACH
DEVELOPMENT REVIEW COMMITTEE
REGULAR MEETING MINUTES
WEDNESDAY, MAY 8, 2024
Present: Scott Wood, Building Official
George Lopez, NPB Police Detective
Kimberly Cawley, Senior Fire Inspector
Zak Sherman, Leisure Services Director
Caryn Gardner-Young, Community Development Director
I. CALL TO ORDER
Caryn Gardner-Young called the meeting to order at 2:00 p.m.
II. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA
None.
III. NEW BUSINESS
1. SPECIAL EVENTS
a. BEATS AND EATS
Zak Sherman, the Village’s Leisure Services Director, briefly described the site
plan provided with the application. He mentioned that they are waiting for the
County inspectors to confirm if the trucks are ready for the event. The event is
expected to have over 500 people, and overflow parking will be provided on the
south side.
DRC MEMBERS DISCUSSED THE FOLLOWING:
i. The Community Development Director (CDD), inquired about any issues
from the previous event held in February. Zak mentioned that trucks
arrived at different times, but they prioritized collecting paperwork,
ensuring they passed inspections, and directing parking. They also ensured
that garbage was collected and disposed of at the end of the event.
ii. The Building Official's observations were related to generators and
electrical concerns. Zak confirmed that they are not using any generators,
and the band will be performing under the pavilion.
iii. The Fire Inspector emphasized the need for completed food truck
paperwork to be submitted by May 17th, allowing time for any necessary
corrections. It was also emphasized for the food trucks to ensure hood
cleaning and provide a fire extinguisher.
The Village of North Palm Beach May 8, 2024
Development Review Committee Minutes Page 2 of 2
IV. DISCUSSION ITEMS
The Fire Inspector inquired for an update on the signage text amendment, outdoor seating,
addressing, and mobile food trucks. The CDD responded that addressing doesn't need to go to the
Council but will be added to the fee schedule. The proposed sign text amendment will be presented
at the June Planning, Zoning, and Adjustment Board meeting if it's completed by then. The mobile
food truck, outdoor seating, and special events are on hold until further advice from the Village
Administration.
V. CONCLUDING REMARKS
The next DRC meeting is scheduled for June 12, 2024 at 2:00 p.m.
VI. ADJOURNMENT
Caryn Gardner-Young adjourned the meeting at 2:15 p.m.
THE VILLAGE OF NORTH PALM BEACH
DEVELOPMENT REVIEW COMMITTEE
REGULAR MEETING MINUTES
WEDNESDAY, APRIL 10, 2024
Present: Scott Wood, Building Official
Jamie Mount, Assistant Public Works Director
Kimberly Cawley, Senior Fire Inspector
Caryn Gardner-Young, Community Development Director
I. CALL TO ORDER
Caryn Gardner-Young called the meeting to order at 2:01 p.m.
II. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA
None.
III. NEW BUSINESS
1. SPECIAL EVENTS
a. MILES FOR MIRACLE
The applicant, Linda Neary, a representative of Mia’s Miracle Foundation,
introduced Eric, who briefly explained the Foundation and its work. The applicant
elaborated that the Village Country Club assisted in developing the one-mile course
to stay out of the way of the golfers. All proceeds and donations will be given to
the Foundation. Village residents are volunteering for this event.
DRC MEMBERS DISCUSSED THE FOLLOWING:
i. The Community Development Director (CDD) inquired for clarification
regarding the size of the proposed tent and the added portable restroom.
The applicant confirmed that the tent is 3x3, and the applicant will have
to pay for the portable restroom. Also, local businesses will donate
assorted breakfast items and a volunteer group will make pancakes for
the participants using griddles. When the CDD inquired about medals,
the applicant stated that they would be giving bouquets of flowers instead
and that tables would be set up for Mia’s Miracle Foundation giveaway
items and for name/number tags for the runners. When asked about the
need for lights due to the early event, the applicant responded that it
would not be necessary.
The Village of North Palm Beach April 10, 2024
Development Review Committee Minutes Page 2 of 2
ii. The Fire Inspector left the option of Emergency Medical Services (EMS)
up to the applicant to apply for, if needed. The applicant did not find it
necessary since it is a small fun run, and the minimum EMS requested
time is 3 hours, which they will not need for that length of time.
IV. DISCUSSION ITEMS
The Village staff discussed the Heritage Day event.
V. CONCLUDING REMARKS
The next DRC meeting is scheduled for May 8, 2024, at 2:00 p.m.
VI. ADJOURNMENT
Caryn Gardner-Young adjourned the meeting at 2:22 p.m.
VILLAGE OF NORTH PALM BEACH LIBRARY
ADVISORY BOARD MEETING MINUTES
DATE: April 23, 2024
CALL TO ORDER The meeting was called to order at 7:01 PM by Chair Bonnie Jenkins.
ROLL CALL Present at the meeting were:
Bonnie Jenkins, Chair
Phyllis Wisner, Member
Carolyn Kost, Member
Tina Chippas, Member
Brad Avakian, Secretary
Christine Delguzzi, Vice-Chair-Absent
Julie Morell, Library Manager
APPROVAL OF MINUTES The minutes from the March meeting were approved unanimously after a
motion by Tina Chippas and a second by Carolyn Kost.
MANAGER’S REPORT - Julie Morell
Facilities:
Estimates are being obtained for remodeling the downstairs bathrooms, which include installing
new ADA-compliant stall doors, mirrors, and pipe padding.
Staffing:
Interviews with five candidates for the librarian position are scheduled for April 24th.
Children’s Programming:
Weekly Storytimes: Four sessions each week, now averaging 21 attendees per session.
Junior League Collaboration: Storytimes on the first Saturday of each month.
Children's Arts and Crafts: Weekly sessions on Thursdays, now attracting an average of 9
participants.
Children’s Art Appreciation: Held on the third Friday of each month, with an average
attendance of 10 children.
Lego Club: Weekly meetings with an average of 20 children and parents.
Teen Programming:
Teen volunteers have been assisting with various tasks after school.
Adult Programming:
Knit and Crochet: Meets every Monday, with an average attendance of 17 participants.
Great Courses Series: Current series on Ireland and Northern Ireland concludes on April 23 and
will resume in October.
Silent Film Appreciation: Held on April 13th, featuring "Sherlock Holmes" (1922) with 10
attendees.
Book Club:
Met on April 4th to discuss "The Heaven and Earth Grocery Store" by James McBride,
with 25 members attending.
Poetry Writing Workshop with Ellis Elliot:
Held on April 3rd with 10 participants.
Astrologer Frank Don:
Event on April 11th with 32 attendees.
Crafts for Grown Ups:
April 18th session with 26 attendees.
Paint N’ Sip: Continues every fourth Thursday, averaging 11 participants.
Home Accessibility Seminar with Shawn Woods:
Scheduled for April 25th.
Senior Appreciation Bingo: Sponsored by AmeriLife, with 16 attendees.
Excel 1 with Donna Parsons:
Held on April 17th, with 6 attendees.
Special Events:
Heritage Day and Heritage Day Kick-off Party:
Library staff assisted with the Heritage Day Kick-off party on April 5th and Heritage Day
on April 6th, helping with various activities and ticket sales. Special thanks were given to
Lynn, Edna, Lynda, Suzanne, and Deb for their assistance.
NEW BUSINESS
None.
OLD BUSINESS
None.
MEMBER COMMENTS
None.
STAFF COMMENTS
None.
ADJOURNMENT The meeting was adjourned at 7:25 PM.
THE VILLAGE OF NORTH PALM BEACH
PLANNING, ZONING AND ADJUSTMENT BOARD
REGULAR MEETING MINUTES
TUESDAY, MAY 7, 2024 at 6:30 PM
Present Cory Cross, Member
Thomas Hogarth, Member
Jonathan Haigh, Member
Scott Hicks, Member
Timothy Hullihan, Member
Mark Michels, Member
Donald Solodar, Member
Village Staff Len Rubin, Village Attorney
Caryn Gardner-Young, Community Development Director
Estefany Camargo, Executive Assistant
Deborah Searcy, Councilmember
1. CALL TO ORDER
Chair Solodar called the meeting to order at 6:30 p.m.
a. ROLL CALL
Roll was called, and it was determined a quorum was present.
2. WELCOME NEW APPOINTMENTS
Ms. Gardner-Young welcomed new Board members Timothy Hullihan and Mark Michels.
3. APPOINTMENT OF CHAIR AND VICE CHAIR
Ms. Gardner-Young explained the process for appointment of Chair and Vice Chair and advised the
same person could not serve two (2) consecutive terms. Mr. Solodar thanked the Board for their
support as he served as Chair for the past year.
Mr. Solodar nominated Cory Cross as Chair. With no further nominations, Mr. Cross was named
Chair.
Mr. Haigh nominated Scott Hicks as Vice Chair. With no further nominations, Mr. Hicks was named
Vice Chair.
4. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA
Chair Cross noted the addition of a letter to the Board packet.
5. PUBLIC COMMENT FOR NON-AGENDA ITEMS
None.
6. APPROVAL OF MINUTES
a. APRIL 2, 2024
Mr. Solodar motioned to approve the April 2, 2024, minutes as presented, seconded by Mr.
Hogarth. The motion passed unanimously (7-0).
The Village of North Palm Beach May 7, 2024
Planning, Zoning and Adjustment Board Minutes Page 2 of 5
7. DECLARATION OF EX-PARTE COMMUNICATIONS
Chair Cross disclosed a meeting with the developer for Sushi Jo & Bistro.
8. QUASI-JUDICIAL MATTERS/PUBLIC HEARING
Village Attorney Len Rubin swore in those wishing to provide testimony.
a. SITE PLAN AND APPEARANCE REVIEW
i. NEW BUSINESS
1. 529 NORTHLAKE BOULEVARD – SUSHI JO & BISTRO
Zach Ciciera, Cotleur & Hearing, presented a proposal on behalf of the
property owner Northlake 529 LLC, for Site Plan and Appearance Petition
approval for architectural and signage approval.
Ms. Gardner-Young shared the staff report with recommendations for
approval with conditions.
Member comments
Dr. Michels asked if additional protection was needed between the parking
and the canal. Project Engineer Jim Wesson, J-W Engineering, advised the
embankment would require a retaining wall. Ms. Gardner-Young stated the
issue would be further reviewed during building permitting. Discussion
continued.
Dr. Michels suggested adding features to the retaining wall to make it more
aesthetically pleasing and considering the structure like “rip-rap,” which
would be more ecologically friendly to juvenile species and other fish that
traverse those waters.
Mr. Hicks inquired as to landscaping in front of the monument sign. Mr.
Ciciera stated the planned landscaping meets Village Code.
Mr. Haigh noted the elevation with landscape included a date palm, which
would completely cover the sign. He also addressed the retaining wall,
stating it would likely destroy the vegetation which is called to remain on
the plan. He encouraged staff to be aware of the issue in case landscape plan
modifications are needed to accommodate the wall.
Mr. Hogarth stated he appreciates the fresh design.
Mr. Hullihan asked for clarification on the design guidelines previously
included in the overlay district. Ms. Gardner-Young explained there is a
zoning district in place and noted analysis of the project against the
guidelines was included in the staff report.
Mr. Hullihan commented that traditional architecture has staying power and
recommended a brown pyramid shaped roof as an accent.
Mr. Hullihan highlighted differences in the window overhangs and
expressed concern there was no path to walk from the parking lot to the
restaurant. He asked that a four (4) foot pathway be striped for that purpose.
The Village of North Palm Beach May 7, 2024
Planning, Zoning and Adjustment Board Minutes Page 3 of 5
Mr. Ciciera advised the parking had been changed to improve turning
radiuses and to be compliant with Fire Department requirements.
Discussion continued.
Chair Cross stated he liked the improvements. He suggested a review of the
retaining wall by the Board and consistency in the window overhangs be
included as conditions of approval. Discussion continued regarding
potential conditions of approval, including engineering standards, ADA
requirements, pedestrian access, public entrance to the restaurant, and
previous approval of the Site Plan.
Mr. Ciciera asked for direction regarding the design of the retaining wall.
Chair Cross advised that the Board would like to see the wall finished with
stucco or stone on the parts of the wall that are visible and that the top
include some type of trim or finishing. Dr. Michels asked that the ecology
of the area also be considered.
Dr. Michels motioned to approve the application with conditions, seconded
by Mr. Hullihan. The motion passed unanimously (7-0).
Conditions of approval in addition to those included in the staff report were
listed as follows:
• Solar screens on south side of façade will overhang the windows at
equal length.
• Northeast corner entrance to remain accessible to the public.
• Preliminary design of the proposed retaining wall will be brought
before the Board for aesthetic review and recommendations.
2. 717 NORTHLAKE BOULEVARD – PSYCHIC BOUTIQUE
Paul Mitchell, Psychic Boutique, presented a proposal on behalf of the
property owner, J. Marino & Sons, LLC, for Site Plan and Appearance
approval for a building wall sign face change on an existing sign.
Member comments
Mr. Hullihan commented that he would prefer the applicant not use red, but
if it was toned down to maroon, he would be fine. Mr. Mitchell agreed to
use the same color as Blue Ocean Spa next door.
Mr. Hogarth stated he had no issue with the application and noted the
amount of window coverage. Ms. Gardner-Young advised that Code
Enforcement had visited the site and any issues were incorporated into the
conditions of approval.
Mr. Solodar motioned to approve the application with conditions as outlined
in the staff report, seconded by Mr. Hullihan. The motion passed
unanimously (7-0).
3. 555 US HIGHWAY 1 - FAITH LUTHERAN CHURCH
Mr. Solodar motioned to take up the previously tabled item, seconded by
Mr. Hullihan. The motion passed unanimously (7-0).
The Village of North Palm Beach May 7, 2024
Planning, Zoning and Adjustment Board Minutes Page 4 of 5
Frank Russo, Board member, presented a proposal on behalf of the property
owner, Faith Lutheran Church, for Site Plan and Appearance approval for
installation of two (2) 35-foot light poles with 200–300-watt fixtures along
Eastwind Drive.
Ms. Gardner-Young shared the staff report, outlining changes between
meetings, with recommendations for approval with conditions.
Member comments
Chair Cross summarized a letter received from Jeffrey Holst, 600 Eastwind
Drive, advising that the lights shine bright into his backyard and home.
Mr. Cameron, Kasper Electric, reviewed changes made to the plan,
including moving from 25 degrees to 45 degrees, rotating the fixtures due
east, adding shields, and moving a way from a wide beam or a flood light.
Mr. Hicks expressed concern that Mr. Holst’s email had been sent following
the upgrades.
Dr. Michels asked if it would be possible for the north corner to be further
shielded and inquired as to the frequency with which the lights would be
used. Mr. Cameron advised the lights were on a timer and operated from 6
p.m. to 10 p.m. each evening.
Mr. Solodar suggested the Faith Lutheran Church Board reach out to Mr.
Holst to explain the changes made.
Mr. Haigh stated he appreciated the modifications but disagreed with the
height. He asserted the height contributed to issues with glare and overspill,
as well as creation of dark areas. He noted a missed opportunity to upgrade
the light pole near the drop off area or to add lights to the existing Florida
Power and Light (FPL) poles.
Mr. Hogarth agreed the glare was a problem and asked staff to comment on
the applicable Village Code. Ms. Gardner-Young responded.
Mr. Hogarth stated the neighbor had a good point and the glare into
residential properties had to be shielded. He suggested experimenting with
sheet metal shields or reducing pole height.
Mr. Hullihan stated the foot candles onto Eastwind Drive were a problem,
and asserted other municipalities would require a strict cutoff at the property
line when adjacent to residential.
Mr. Hullihan noted the height of the lights was a problem. He commented
that the dark skies were almost gone in North Palm Beach because of
projects like this and asked for clarification on the lighting color
temperature. Mr. Cameron advised the color temperature was 5000K and
could not be adjusted, only the wattage could be changed.
Chair Cross referenced the photo of conditions and stated it was essentially
a flood light. He stated it was too bright, too much glare, and the wrong
color of lamps.
The Village of North Palm Beach May 7, 2024
Planning, Zoning and Adjustment Board Minutes Page 5 of 5
Mr. Solodar motioned to table the application, seconded by Mr. Hullihan.
The motion passed (5-2). Mr. Hullihan and Mr. Hogarth voted no.
9. BOARD COMMENTS
Mr. Solodar thanked outgoing Board members Dr. Nathan Kennedy and Kathryn DeWitt and wished
them the best.
Mr. Haigh stated it was clear the Lighting Code needs to be updated.
Mr. Hogarth noted Lake Park is making changes to the median and asked that staff work with them
regarding design and maintenance. Village Attorney Rubin stated the Village maintains the medians
and will continue to.
10. STAFF UPDATES
a. Joint Meeting on May 8, 2024, for Village Place
Ms. Gardner-Young reminded the Board of the joint meeting scheduled for the following day.
Discussion ensued regarding materials to be printed for the meeting.
Mr. Hogarth asked if there were any updates on the US-1 bridge repair. Ms. Gardner-Young
stated the last information she had was that it would still be in early 2025.
11. ADJOURNMENT
With no further business before the Board, Chair Cross adjourned the meeting at 7:46 p.m.
VILLAGE OF NORTH PALM BEACH
JOINT MEETING OF
THE VILLAGE OF NORTH PALM BEACH
PLANNING, ZONING AND ADJUSTMENT BOARD
AND THE TOWN OF LAKE PARK
PLANNING AND ZONING BOARD
MEETING MINUTES
WEDNESDAY, MAY 8, 2024 at 6:30 PM
VILLAGE HALL COUNCIL CHAMBERS
Present Village of North Palm Beach Planning, Zoning, and Adjustment Board
Cory Cross, Chair
Scott Hicks, Vice Chair
Thomas Hogarth, Member
Jonathan Haigh, Member
Timothy Hullihan, Member
Mark Michels, Member
Donald Solodar, Member
Town of Lake Park Planning and Zoning Board
Richard Ahrens, Chair
Jon Buechele, Vice Chair
Gus Rodriguez, Board Member
Patricia Leduc, Board Member
Evelyn Harris Clark, Board Member
Village Staff Len Rubin, Village Attorney
Caryn Gardner-Young, Community Development Director
Estefany Camargo, Executive Assistant
1. CALL TO ORDER
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
None.
3. PUBLIC COMMENT FOR NON-AGENDA ITEMS
None.
4. DECLARATION OF EX-PARTE COMMUNICATIONS
Chair Ahrens, Mr. Haigh, Mr. Buechele, and Mr. Solodar advised they had met with the developer in
the past months. Chair Ahrens stated he had met with the developer two (2) years ago.
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 2 of 7
5. QUASI-JUDICIAL MATTERS/PUBLIC HEARING
Village Attorney Len Rubin swore in those wishing to provide testimony.
a. PLANNED UNIT DEVELOPMENT/MASTER PLAN
i. VILLAGE PLACE – INTERSECTION OF PALMETTO DRIVE AND US
HIGHWAY 1
Harvey Oyer III, Partner, Shutts & Bowen, LLP, George Gentile, President, 2GHO,
Inc., and Shamim Ahmadzadegan, AIA, Principal, Gensler, agents for NP-Devland
Holdings, LLC, NP-Devland North, LCC, and NP-Devland East, LLC made a
presentation outlining the request for Master Plan approval of a mixed-use Planned
Unit Development (PUD) located at Palmetto Drive and U.S. Highway 1.
Ms. Gardner-Young briefly reviewed the staff report. She clarified this was for a
Master Plan approval, not a Site Plan approval, so the proposed petition provides
for concurrency of the site for future Site Plan approvals. She highlighted the
internal and external reviews conducted and the recommendations for approval
with conditions.
Public Comments
Noel Martinez, Palm Beach North Chamber of Commerce, spoke in support. He
stated it was an opportunity to revitalize a site that was once a hub of business and
community engagement and make it a vibrant location again. He commented on the
vision for the mixed-use development and shared that it aligns with the Chamber’s
strategic goals.
Dave Markarian, spoke in support. He noted positive things in neighboring
communities help everyone. He stated this project has merit, trusted partners, and
an impact on the community, and highlighted the jobs created.
Ben Schrier, spoke in support of the development opportunity. He stated he had
watched the site decay for years and this project fits the goals the Village has set
for itself. He noted the design creates a sense of space and is a clear Master Plan.
Jacques Bories, spoke in support. He stated developments like the proposed are
intimidating for communities, but this is a great opportunity. He commented on the
need for walkability and a communal place for residents to go. He noted this mixed
use could be transformational.
Lisa Jenson, spoke in support. She stated she was glad it was moving along, and
changes to things like the architecture and green spaces could be addressed during
the Site Plan process. She noted she is looking forward to having restaurant options,
as well as something nice and new in the Village.
Lisa Gallagher, commented that she supports redeveloping the Twin City Mall area
but had concerns about the height and the number of housing units planned, as well
as impact on roads. She asked for a maximum of 50 feet, or 60 feet with a garage.
Rita Budrick, stated she agreed with Ms. Gallagher’s comments and asked that the
Village and City not rubber stamp what the developer presents. She noted she had
questions about infrastructure, including ingress and egress, traffic, and Village
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 3 of 7
services. She stated the Code rewrite was developer-initiated and while she
supported redevelopment, the architecture could be better.
Ron Okolichany, spoke in opposition to the Master Plan. He stated the developer
is asking to put a 50-pound project on a 10-pound site. He asserted it was too tall
and too dense for the location and asked that the skyline be preserved for future
generations. He advised the position of residents had not been considered and asked
that no action be taken until the new Village Council and residents agree.
Chris Ryder, spoke in opposition. He stated he had fought the Council adoption of
the Code rewrite led by the developer and asserted there were a number of half-
truths in the message and the proposal. He noted the Village had hired a consultant
to take the Citizens’ Master Plan and create zoning, but it was not being followed
by this plan. He stated this would impact build-out on US-1 and the Boards needed
to do their homework.
William Mueller, spoke in opposition. He questioned the height and asked if the
Village was prepared to add to the Fire Department, Police Department, and other
services to meet the needs of the development. He questioned the traffic study and
agreed with previous comments that it looked like a hospital. He asserted the lot
could be used in other ways to bring revenue into the Village without the height.
Kim Beshane, spoke in support. She stated she sees why people love the Village
and puts her trust in the Council and Boards to make the decisions on the actual
Site Plan and create an area that benefits the residents. She acknowledged that
change is scary but creates opportunity.
Debra Cross, shared her concerns about the development and the Master Plan. She
stated the concrete and large buildings would increase the heat index and more
green space was needed. She commented on the need to consider traffic when
discussing walkability, infrastructure needs, and the cost of living in the Village.
She asserted the project would cause hardship for businesses on US-1.
Brian Jacobs, spoke in support of responsible development. He stated he
understands the need for the project due to a housing shortage in South Florida, but
traffic was an issue. He stated he didn’t care about the aesthetics, but quality of life
for the residents and future residents. He asked that the Boards look at the traffic
studies more carefully. He noted additional tax revenue could help the Police and
Fire employees to be paid better.
Additional letters of support and opposition submitted were included in the record
for this meeting.
North Palm Beach Discussion
Dr. Michels referenced the traffic study and stated the increase in trips was high.
Bryan Kelley, Traffic Engineer, Simmons and White, reviewed the detailed traffic
study and discussed the methodology used. He noted the property was in a Coastal
Residential Exception area, but no discounts had been integrated.
Mr. Hullihan asked for clarification on the methodology used for the traffic study
without a Site Plan. Mr. Kelley explained further.
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 4 of 7
Mr. Haigh inquired as to the location of the proposed turn lane extension on US-1.
Mr. Kelley advised it would be at the intersection to the south of Northlake
Boulevard. Mr. Haigh asked about pedestrian and bicycle traffic requirements. Mr.
Kelley advised that would be part of the Site Plan review.
Dr. Michels asked if a straight-through right lane at the signal on the western side
of the property would be considered. Mr. Kelley stated that was something the
applicant could review with Palm Beach County. He noted potential safety issues.
Dr. Michels inquired as to the consideration of vested traffic in the traffic study.
Mr. Kelley provided additional clarification on the volume of trips contemplated
and the approved projects included.
Mr. Hicks commented that he had expected more staff assessment of the traffic
concerns. Susan O’Rourke, Consulting Traffic Engineer for the Village as well as
the Town of Lake Park, provided an overview of the review process and stated the
project meets the County standards. She highlighted concern with traffic on local
streets and advised the applicant agreed to work with staff to mitigate this issue
during the Site Plan process.
Chair Cross called for a recess at 8:25 p.m.
The meeting was reconvened at 8:30 p.m.
Mr. Solodar commented that because there is a Master Plan to consider without a
Site Plan to review, he needed clarity on the overall uses for the project. He stated
he was not happy about having a hotel on the property and found a nine (9) story
hotel unnecessary. City Attorney Rubin advised that a hotel is a permitted use
within the district without a PUD. He clarified that the Assisted Living Facility
(ALF) was only permitted within the PUD, so there was discretion on that use.
Mr. Solodar noted the Village Citizens’ Master Plan reviewed by Council in 2017
included recommendations approved as a guideline for future development.
Mr. Hicks stated the Board was reluctant to approve the Master Plan without
understanding what could be limited in the Site Plan process. City Attorney Rubin
advised the ordinance would be clear that Master Plan approval does not permit
vertical construction of any kind and the public benefit would need to be
demonstrated as part of the Site Plan process.
Mr. Haigh commented on the proposed condition for improvement of Palmetto
Drive and asked that it be changed to follow the County guidance. He stated he
would like to see a 15 percent greenspace requirement imposed for all public-
accessible rooftop spaces, a minimum tree size of 24 feet for street trees in the
development, and a proposal for urban root space solutions.
Mr. Haigh stated pedestrian connectivity to the development needs further
discussion, including possible improved signalization at the intersections.
Mr. Hogarth pointed out the information provided to the Board was beyond the
requirements of what a Master Plan asks for, as the intent was to approve a “bubble
plan” with traffic connectors. He noted he did not care about parking until the uses
are determined and asked for clarification on the uses being approved with this
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 5 of 7
application. Ms. Gardner-Young stated the uses were being approved, and clarified
some are by-right. She noted the density and height are maximums.
Mr. Hogarth stated he supports the project and thinks it is a good developer, but
there remains a lot of work to be done. He noted he did not like 14 stories and
wanted to be clear there were no entitlements being approved. He stated he did like
the mix of uses and the civic space.
Mr. Hullihan noted Council had been clear that if they do not like the Site Plan,
they do not have to approve it. He asked what vehicle would be available for
declining 14 stories if proposed. City Attorney Rubin explained the application of
the public benefit requirement would be utilized for the determination.
Mr. Hullihan asked if the applicant would object to making the plan non-
transferable. Nadar Salour, Cypress Realty, commented that pieces of the project
such as the hotel would not be developed by the team, but the master developer
would remain in control of the project. He addressed the phasing plan briefly, noted
there would not be a hotel if there was not interest from a quality hotel, and
discussed addressing impacts based on the maximums provided in the Master Plan.
Mr. Hullihan stated the charette on this development had 320 people in attendance,
and overall, there was participation of close to 1,000 residents and business owners.
He expressed concern this project would increase the population of North Palm
Beach by 15 percent, and that growth was in the wrong place. He noted there were
four (4) other sites identified in the Village Citizens’ Master Plan which were more
walkable, and this project would not leave development units available.
Mr. Hullihan commented that research shows tax revenues often do not cover the
increased responsibilities that come with a development, noting a 15 percent growth
in population would mean 15 percent growth in Fire, Police, Library, and other
services. He highlighted the goal in the Comprehensive Plan to reduce dependence
on cars and to increase walkability and noted traffic innovation would be a public
benefit, along with the use of renewable energy.
Mr. Hullihan stated water views on the site are partial at three (3) floors and full at
four (4) floors and noted he did not know why the development would need 14
stories. He highlighted the balance of residential and other uses, and pointed out
economic resilience was not addressed in the fiscal impact statement. He cautioned
that trends in architecture become outdated. Mr. Hullihan expressed concern the
project was hugely out of scale for North Palm Beach and would be a catalyst for
other commercial property if this is allowed to move forward, especially coupled
with the Live Local Act. City Attorney Rubin advised the height was unique to the
C3 District through a PUD process. He noted recent amendments had been made
to the Live Local Act.
Lake Park Discussion
Chair Ahrens stated his family had moved to the area in 1892, and if his grandfather
or great-grandfather had decided to control growth, the majority of those in the
room would not be sitting there. He noted he took the comments seriously and
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 6 of 7
understood the concerns, but protections were in place and the standards would be
addressed during Site Plan review.
Vice Chair Buechele commented that this is the beginning of the project, and while
there are a lot of things that still need to be addressed, that is for next steps down
the road. He noted the parcel needs improvement.
Mr. Rodriguez stated he wished there were more people present from the Town of
Lake Park to represent the impact the project could have on them. He agreed with
the traffic concerns, highlighting the potential for cut-through traffic, and stated he
would like the mitigation of that concern to be addressed. He commented on the
need to consider impacts on neighborhoods of owners as well as those of renters.
Ms. Leduc noted she agreed with a lot of the residents and their concerns. She stated
this site needs to be redeveloped, as it is an eyesore, but traffic concerns should be
addressed. She commented that the project would be beneficial for both the Village
of North Palm Beach and the Town of Lake Park, and this was the first step.
Ms. Clark advised she wanted to be sure that families with children are considered.
She asked the developer to discuss the logistics of safe transport to and from school
and what streets would be affected, as well as plans for egress in case of an
evacuation. She noted she would like to hear from the residents directly across
Palmetto Drive from the apartments as it relates to concern with headlights and
suggested a buffer be considered. She asked that conversations with neighboring
communities include both municipalities.
Applicant Comments
Mr. Oyer thanked the Boards for their thoughtful and helpful comments and
questions. He clarified this was a mixed-use development, which in itself is traffic
mitigation, as a high percentage of traffic is meant to be captured internally.
Mr. Hullihan asked for an estimate of the anticipated capture rate. Mr. Kelley stated
the estimate was 25 percent based on calculation standards, but the traffic study
used 15 percent as a conservative estimate.
Mr. Oyer advised the purpose of a Master Plan is to set the maximum development
potential. He stated the plan does not mean the developer is anticipating building
the maximum but setting the worst possible situation for analysis of concurrency as
required by Code. He responded to comments and concerns from residents during
public comments as well as those of the Board members, noting the majority of
issues brought up would be addressed during Site Plan review. He showed images
of the civic space and advised of ways it would be programmed for activity.
Chair Cross asserted the proposed 1,280 dwelling units was 4.5 times what is in the
Zoning Code and stated it would keep him from voting for the project. He stated he
had no issue with the amount of retail or the hotel. Mr. Oyer clarified there was not
a number of units being proposed. He explained the developer is required under the
Village Code to theorize the absolute maximum.
The Village of North Palm Beach May 8, 2024
Planning, Zoning and Adjustment Board Minutes Page 7 of 7
North Palm Beach Motion
Mr. Haigh motioned to recommend approval of the Master Plan with modification
to the staff conditions (as listed below), seconded by Mr. Hicks. The motion passed
unanimously (7-0).
Improvement to Palmetto Drive should follow County guidance;
15 percent greenspace requirement for all public-accessible rooftop spaces;
Minimum tree size of 24 feet for street trees in the development, with a
proposal for urban root space solutions;
Clarify this is a Master Plan only without any entitlements being conveyed
as represented on the latest exhibits, specifically heights, densities, and
areas of development listed.
Lake Park Motion
Mr. Rodriguez motioned to agree with the motion as passed, seconded by Ms.
Clark. The motion passed (4-1). Vice Chair Buechele voted no.
6. BOARD COMMENTS
None.
7. ADJOURNMENT
With no further business before the Board, Chair Cross adjourned the meeting at 9:54 p.m.
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: June 13, 2024
SUBJECT: ORDINANCE 1st Reading – Adoption of Ordinance Prohibiting Smoking in Village Parks
and Recreation Areas
Prior to 2022, the regulation of smoking was expressly preempted to the State. During the 2022
legislative session, the Florida Legislature amended Section 386.209, Florida Statutes, to expressly allow
counties and municipalities to “restrict smoking within the boundaries of any public beaches and public
parks that they own, except they may not further restrict the smok ing of unfiltered cigars.” Additionally,
while a municipality may restrict smoking within the boundaries of public beaches and public parks within
its jurisdiction that are owned by the county, the preemption was not lifted for state-owned parks and
beaches.
Based on the suggestion of former Councilmember Marcus, the Village Council directed this office to
prepare an Ordinance banning smoking in Village parks in the same manner as the City of Delray Beach.
To that end, the attached Ordinance amends Chapter 20, “Parks, Playgrounds, and Recreation,” of the
Village Code by adopting a new Section 20-12 to read as follows:
Sec. 20-12. Smoking prohibited.
It shall be unlawful for any person to smoke within the limits of any village park or
recreational area, excluding the North Palm Beach Country Club. For the purposes of this
section, smoking shall mean inhaling, exhaling, burning, or possessing any lighted
tobacco product, including cigarettes, filtered cigars, pipe tobacco and any other lighted
tobacco product with the exception of unfiltered cigars.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
There is no immediate fiscal impact.
Recommendation:
Village Staff requests Council consideration on first reading of the attached Ordinance prohibiting
the smoking of lighted tobacco produces (with the exception of unfiltered cigars) in Village park
and recreational areas in accordance with Village policies and procedures.
Page 1 of 2
ORDINANCE NO. 2024-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4
GENERAL,” OF CHAPTER 20, “PARKS, PLAYGROUNDS AND 5
RECREATION,” OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A 6
NEW SECTION 20-12, “SMOKING PROHIBITED;” PROVIDING FOR 7
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, in 2022, the Florida Legislature amended Section 386.209, Florida Statutes, to allow 11
municipalities to restrict smoking with the boundaries of any public parks they own, with the 12
exception of unfiltered cigars; and 13
14
WHEREAS, the Village Council wishes to prohibit smoking within all Village park facilities as 15
authorized by state law to reduce litter and provide a clean environment free from exposure to 16
second-hand smoke; and 17
18
WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the 19
health, safety, and welfare of the residents of the Village of North Palm Beach. 20
21
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 22
OF NORTH PALM BEACH, FLORIDA as follows: 23
24
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 25
26
Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 20, “Parks, 27
Playgrounds and Recreation,” of the Village Code of Ordinances by adopting a new Section 20-28
10 to read as follows (additional language underlined): 29
30
ARTICLE I. IN GENERAL 31
32
* * * 33
34
Sec. 20-12. Smoking prohibited. 35
36
It shall be unlawful for any person to smoke within the limits of any village 37
park or recreational area, excluding the North Palm Beach Country Club. For the 38
purposes of this section, smoking shall mean inhaling, exhaling, burning, or 39
possessing any lighted tobacco product, including cigarettes, filtered cigars, pipe 40
tobacco, and any other lighted tobacco product with the exception of unfiltered 41
cigars. 42
43
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 44
the Village of North Palm Beach, Florida. 45
46
Page 2 of 2
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 1
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 2
such holding shall not affect the remainder of this Ordinance. 3
4
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 5
conflict herewith are hereby repealed to the extent of such conflict. 6
7
Section 6. This Ordinance shall take effect immediately upon adoption. 8
9
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 10
11
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 12
2024. 13
14
15
(Village Seal) 16
MAYOR 17
18
19
ATTEST: 20
21
22
VILLAGE CLERK 23
24
25
APPROVED AS TO FORM AND 26
LEGAL SUFFICIENCY: 27
28
29
VILLAGE ATTORNEY 30
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: June 13, 2024
SUBJECT: ORDINANCE 2nd Reading – Adopting a new Section 1-12 of the Village Code to
authorize publication of legal notices on the County’s website.
During its 2022 session, the Florida Legislation adopted Section 50.0311, Florida Statutes, allowing
municipalities to publish advertisements and legal notices on the county’s publicly accessible website in
lieu of publication in a newspaper of general circulation.
The Village has executed the necessary agreements with Palm Beach County to utilize its website for
the publication of legal notices. Additionally, as required by Section 50.0311(6), Florida Statutes, the
Village will publish a notice in a newspaper of general circulation indicating that property owners and
residents may receive legally required advertisements and public notices from the Village by first-class
mail or e-mail upon registering their name and address or e-mail address with the Village. The Village is
required to maintain a registry of such names and addresses, as well as publish the required notice in a
newspaper of general circulation at least once per year. A link to the advertisements and public notices
must be “conspicuously placed” on the Village’s website.
A number of Village Code provisions require publication in a newspaper of general circulation, such as
publication of election notices and publication of hearing notices for various types of development
applications. The attached Ordinance amends Chapter 1, “General Provisions,” of the Village Code by
adopting a new Section 1-12 to read as follows:
Sec. 1-12. Electronic publication of notices.
Wherever this code, including the provisions of chapter 45 (appendix C), requires
publication of a notice in a newspaper of general circulation, the publication requirement
shall be satisfied by posting such notice on the county’s publicly accessible website in
accordance with the requirements of F.S. §50.0311.
The adoption of this Ordinance allows the Village to publish notices on the County’s website in lieu of the
newspaper, resulting in a significant cost savings to the Village. Residents may still request that they be
provided a copy of the notice by first-class mail or e-mail.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency. At its May 23,
2024 meeting, the Village Council unanimously adopted the Ordinance on first reading without modification.
There is no fiscal impact (will result in a cost savings).
Recommendation:
Village Staff requests Council consideration and approval on second and final reading of the
attached Ordinance adopting a new Section 1-12 of the Village Code to authorize publication of
legal notices on the County’s website in accordance with Village policies and procedures.
Page 1 of 2
ORDINANCE NO. 2024-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 1, “GENERAL 4
PROVISIONS,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A 5
NEW SECTION 1-12, “ELECTRONIC PUBLICATION OF NOTICES;” 6
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 7
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, Section 50.0311, Florida Statutes, specifically authorizes municipalities to utilize the 10
publicly accessible website of the county in which it lies to publish legally required advertisements 11
and public notices subject to certain requirements; and 12
13
WHEREAS, the Village wishes to utilize the provisions of Section 50.0311, Florida Statutes, and will 14
comply with the provisions of subsection (6), which requires the Village to provide notice at least 15
once per year in a newspaper of general circulation indicating that property owners and residents may 16
receive legally required advertisements and public notices from the Village by first-class mail or e-17
mail upon registering their name and address or e-mail address with the Village; and 18
19
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 20
of the residents of the Village of North Palm Beach. 21
22
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 23
NORTH PALM BEACH, FLORIDA as follows: 24
25
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 26
27
Section 2. The Village Council hereby amends Chapter 1, “General Provisions,” of the Village 28
Code of Ordinances by adopting a new Section 1-12, “Electronic publication of notices,” to read as 29
follows (additional language underlined): 30
31
Sec. 1-12. Electronic publication of notices. 32
33
Wherever this code, including the provisions of chapter 45 (appendix C), 34
requires publication of a notice in a newspaper of general circulation, the publication 35
requirement shall be satisfied by posting such notice on the county’s publicly 36
accessible website in accordance with the requirements of F.S. §50.0311. 37
38
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 39
Ordinances of the Village of North Palm Beach, Florida. 40
41
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 42
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 43
holding shall not affect the remainder of the Ordinance. 44
45
Section 5. All ordinances and resolutions or parts of ordinances and resolutions of the Village of 46
North Palm Beach, Florida, which are conflict with this Ordinance, are hereby repealed to extent of 47
such conflict. 48
49
Page 2 of 2
Section 6. This Ordinance shall be effective immediately upon adoption. 1
2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 3
4
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 5
2024. 6
7
8
(Village Seal) 9
MAYOR 10
11
ATTEST: 12
13
14
VILLAGE CLERK 15
16
APPROVED AS TO FORM AND 17
LEGAL SUFFICIENCY: 18
19
20
VILLAGE ATTORNEY 21
22
23
VILLAGE OF NORTH PALM BEACH
LEISURE SERVICES
TO: Honorable Mayor and Members of the Village Council
THRU: Chuck Huff, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: June 13, 2024
SUBJECT: RESOLUTION – Accepting a proposal from HMF Commerce, LLC to provide Ice Vending
Machine Services at Anchorage Park and authorizing the Mayor and Village Clerk to
execute a Contract for such services.
Background:
On March 27, 2024, the Village issued an RFP for Ice Vending Machine Services.
The following firm submitted its proposal on April 23, 2024:
HMF Commerce, LLC
A Selection Committee consisting of Leisure Services Director Zak Sherman, Administrative Coordinator
Becky Ring, and Recreation Supervisor Jimmy Lovett reviewed the proposal on May 7, 2024 and ranked the
bidder(s) as follows:
Rank Vendor Total Score
1 HMF Commerce, LLC 204
Scoring was based on firm qualifications, project approach, price proposal, references, and local preference.
Based upon the rankings, the Selection Committee agreed to move forward with HMF Commerce, LLC
contingent upon negotiations concerning the monthly licensing fee. As HMF Commerce, LLC was the sole
bidder, staff met with the company’s representative on May 14, 2024, to discuss the proposal. The discussions
were fruitful, resulting in an agreement on a monthly licensing fee of $150. Additionally, HMF Commerce, LLC
will provide free ice for no more than 10 Village events per year, strictly for staff use only.
Contract Terms:
The initial term of this contract will be for an initial three (3) year period, with an option to renew for two
(2) additional one-year terms for a cumulative total of five (5) years, using the same terms, conditions,
and pricing of the original agreements. For the initial three-year term, the price per bag of ice will not
exceed $4.50, and the price of filtered water will be no more than $0.35 per gallon.
Scope of Work:
HMF Commerce, LLC will acquire an Everest Ice 8 Water vending machine, which can dispense up to
100 20-pound bags of ice daily. It will be located adjacent to the boat ramp, next to the pavilion on the
north side. The company is aware that it is responsible for the site preparation requirements, including
the installation of a 95 by 90.5-inch slab and the required electrical and on-site water supply connections.
The Village’s contractors will perform this work, with HMF Commerce, LLC bearing the costs. To further
beautify the site, the addition of flowers or other vegetation will be incorporated.
HMF Commerce, LLC will undertake initial water testing at a local lab upon setup and conduct subsequent
testing as required. For customer convenience, refunds can be managed remotely through a phone
number displayed on the machine, ensuring prompt customer service. Marketing efforts include mentions
in the E-Newsletter and Monthly Print Newsletter, as well as any signage allowable by permit.
Fiscal Impacts:
The Village will receive $150 per month under the licensing agreement. Additionally, HMF Commerce,
LLC will provide free ice for no more than 10 Village events per year, strictly for staff use only.
Account Information:
Fund Department Account
Number
Account
Description Amount
General
Fund
Parks and
Recreation A2128-08980 Commissions-
Vending Mach.
$1,800 per
year
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting a
proposal from HMF Commerce, LLC to provide Ice Vending Machine Services at Anchorage Park
and authorizing the Mayor and Village Clerk to execute a Contract for such services in accordance
with Village policies and procedures.
RESOLUTION 2024-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL OF HMF
COMMERCE, LLC TO PROVIDE ICE VENDING MACHINE SERVICES AT
ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued Request for Proposals for Ice Machine Vending Services at
Anchorage Park; and
WHEREAS, Village Staff recommended accepting the sole proposal submitted by HMF Commerce,
LLC; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by HMF Commerce, LLC
for ice machine vending services at Anchorage Park. The Village Council further authorizes and
directs the Mayor and Village Clerk to execute a Contract with HMF Commerce, LLC to perform
such services, a copy of which is attached hereto and incorporated herein. The Contract shall generate
an annual licensing fee of $1,800.00, payable to Account No. A2128-08980 (Parks and Recreation –
Commissions/Vending Machine).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1
CONTRACT
This Contract is made as of the day of , 2024, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and HMF COMMERCE,
LLC, a Florida limited liability company, hereinafter referred to as VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
VENDOR shall provide to the VILLAGE all goods and services necessary to provide Ice Vending
Machine Services pursuant to the terms and conditions of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Ice Vending Machine Services in accordance with the Request for
Proposals issued by the Village, and VENDOR’s Proposal submitted in response to the Request for
Proposals, both of which are incorporated herein by reference as if fully set forth herein.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective upon execution by both parties and shall remain in
effect for a period of three (3) years, unless earlier terminated in accordance with Section 7. This
Contract shall automatically renew for two (2) additional one (1) year periods upon the same terms
and conditions contained herein unless either party provides the other party with ninety (90) days’
written notice of its intent not to renew prior to the expiration of the initial term or renewal term. Any
variation to the terms and conditions set forth herein shall be in writing and signed by both parties.
B. VENDOR shall not be entitled to an increase in the agreed to compensation resulting from
this Contract or payment or compensation of any kind from the VILLAGE for dir ect, indirect,
consequential, impact or other costs, expenses, or damages. For the initial three-year term, VENDOR
shall charge no more than $4.50 per twenty-pound bag of ice, and the price of filtered water shall not
exceed thirty-five cents ($0.35) per gallon. VENDOR may request an increase in pricing during the
renewal terms as set forth in the RFP.
SECTION 3: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Zakariya
Sherman, Director of Leisure Services. The Village Manager or Village Representative shall have
the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the
work being performed thereunder and the premises in which it is being performed.
SECTION 4: LICENSE FEE AND COST OF IMPROVEMENTS.
A. VENDOR agrees to pay to the VILLAGE a monthly license fee in the amount of $150.00
and provide free ice for no more than ten (10) VILLAGE events per year, in addition to other benefits
to the VILLAGE as set forth in the RFP and VENDOR’s Proposal. Payments shall be due in advance
of each month and shall include all applicable taxes.
B. The VILLAGE shall provide the required concrete pad and plumbing and electrical
connections required for the ice vending machine, with VENDOR bearing the costs of these required
improvements. The VILLAGE shall invoice VENDOR for the actual costs incurred, and VENDOR
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shall be required to remit payment in full prior to commencing ice machine vending services.
SECTION 5: INDEMNIFICATION.
A. VENDOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants,
and employees from and against any and all claims, liability, losses, and/or cause of action which
may arise from any negligent act or omission of the VENDOR, its agents, servants, or employees in
the performance of services under this Contract.
B. VENDOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any claim, demand, or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of the VENDOR its agents, servants, or employees
not included in the paragraph above and for which the VILLAGE, its agents, servants, or employees
are alleged to be liable.
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 VENDOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes.
SECTION 6: PERSONNEL.
A. VENDOR represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by VENDOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized, or permitted under state and local law to perform such services.
C. All of VENDOR’s personnel (and all sub-contractors OR sub-consultants) while on
VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, an d
security.
SECTION 7: TERMINATION.
This Contract may be cancelled by VENDOR upon thirty (30) days prior written notice to the
VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of VENDOR. It may also be terminated,
in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to VENDOR.
The VILLAGE may also terminate this Contract with written notice of cause to VENDOR, who fails
to cure such cause within ten (10) days of the receipt of the VILLAGE’s notice.
SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased
directly by the VILLAGE, VENDOR shall not be exempted from paying sales tax to its suppliers for
materials used to fill contractual obligations with the VILLAGE, nor is VENDOR authorized to use
the VILLAGE’s Tax Exemption Number in securing such materials.
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SECTION 9: INSURANCE.
A. Prior to commencing any work, VENDOR shall provide certificates evidencing insurance
coverage as required in the Request for Proposals. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate
that VENDOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this Section and that no material change or cancellation of the insurance shall be
effective without thirty (30) days’ prior written notice to the VILLAGE’s representative. Failure to
comply with the foregoing requirements shall not relieve VENDOR of its liability and obligations
under this Contract.
B. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does
not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by
the Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
C. All insurance, other than Worker’s Compensation, to be maintained by VENDOR shall
specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and VENDOR each binds itself and its partners, successors, executors, administrators
and assigns to the other party of this Contract and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the VILLAGE nor VENDOR shall assign, sublet, convey, or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent of the VILLAGE which may be a party
hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the
VILLAGE and VENDOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary
to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The
VILLAGE and VENDOR knowingly, voluntarily, and intentionally waive any right they may
have to trial by jury with respect to any litigation arising out of or in connection with this
Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
VENDOR is, and shall be, in the performance of all Services under this Contract, an Independent
Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of
the Services performed pursuant to this Contract shall at all times, and in all places, be subject to
VENDOR’S sole direction, supervision, and control. VENDOR shall exercise control over the means
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and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred in
estimating and performing the Services for at least three (3) years after completion 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 VENDOR’s place of business.
In no circumstances will VENDOR be required to disclose any confidential or proprietary
information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
VENDOR warrants and represents that all of its employees are treated equall y during employment
without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or
sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s
fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that
action or proceeding, in addition to any other relief to which such party or parties may be entitled.
SECTION 16: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application
of such terms or provision, to persons or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected, and every other term and provision of this Contract shall be
deemed valid and enforceable to the extent permitted by law.
SECTION 17: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals or replies on leases of real property to a public entity; may not
be awarded or perform work as a VENDOR, supplier, sub- VENDOR or VENDOR under a contract
with any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of thirty-
six (36) months following the date of being placed on the convicted vendor list. The VENDOR will
advise the VILLAGE immediately if it becomes aware of any violation of this statute.
SECTION 18: PROTECTION OF WORK AND PROPERTY.
A. VENDOR shall continuously maintain adequate protection of all work from damage, and
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shall protect the VILLAGE’s property from injury or loss arising in connection with the Contract.
Except for any such damage, injury or loss, except that which may be directly due to errors caused
by the VILLAGE or employees of the VILLAGE, VENDOR shall provide any necessary materials
to maintain such protection.
B. VENDOR will also take every necessary precaution to ensure the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished
during and throughout the completion of all work.
SECTION 19: COMPLIANCE WITH LAWS.
VENDOR shall, in performing the services contemplated by this Contract, faithfully observe and
comply with all applicable federal, state, and local laws, ordinances and regulations, specifically
including the VILLAGE’s sign regulations.
SECTION 20: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to VENDOR shall be mailed to:
HMF Commerce, LLC
Attn: Dan Fillmore, Project Manager
236 Castlewood Drive, Suite 207
North Palm Beach, FL 33408
SECTION 21: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and VENDOR 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. In the event of a
conflict between this Contract and the VILLAGE’s Request for Qualifications and VENDOR’s
proposal, this Contract shall take precedence with the VILLAGE’s Request for Qualifications taking
precedence over VENDOR’s proposal. All such documents shall be read in a manner so as to avoid
a conflict.
SECTION 22: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a
waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
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SECTION 23: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
SECTION 24: SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 25: WAIVER OF SUBROGATION.
VENDOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then VENDOR shall agree to notify the insurer and request the policy be endorsed with
a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids coverage should VENDOR enter into such an
agreement on a pre-loss basis.
SECTION 26: INSPECTOR GENERAL.
VENDOR 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 VENDOR. VENDOR understands and
agrees that in addition to all other remedies and consequences provided by law, the failure of
VENDOR to fully cooperate with the Inspector General when requested may be deemed by the
VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 27: ADDITIONAL SERVICES;
If during the contractual period covered by the agreement, additional services are needed, VENDOR
may, at the option of the Village Council, be engaged to perform these services under the terms of
the contract.
SECTION 28: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
VILLAGE’S 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, VENDOR shall comply with all relevant provisions
of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, VENDOR shall:
Page 7
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the VENDOR 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 VENDOR or keep and maintain public records required by the VILLAGE to
perform the services. If VENDOR transfers all public records to the VILLAGE upon
completion of the Contract, VENDOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If VENDOR
keeps and maintains public records upon completion of the Contract, VENDOR shall meet
all applicable requirements for retaining public records. All records stored electronically must
be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records,
in a format that is compatible with the information technology systems of the VILLAGE.
SECTION 29. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for VENDOR, to solicit or secure this Contract and that VENDOR has
not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona
fide employee working solely for VENDOR, any fee, commission, percentage, gift or other
consideration contingent upon, or resulting from, aware or making of the Contract. For the breach or
violation of this provision, the VILLAGE shall have the right to terminate this Contract and its sole
discretion, without liability, and to deduct from the Contract price, or otherwise recover, the full
amount of such fee, commission, percentage, fit or consideration.
SECTION 30. E-VERIFY.
VENDOR warrants and represents that VENDOR and all subcontractors are in compliance with
Section 448.095, Florida Statutes, as may be amended. VENDOR 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 unauthorized aliens. If the
VILLAGE has a good faith belief that VENDOR has knowingly violated Section 448.09(1), Florida
Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes,
as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly
violated Section 448.09(1), Florida Statutes, but VENDOR has otherwise complied, it shall notif y
VENDOR, and VENDOR shall immediately terminate its contract with the subcontractor.
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IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY: ______________________________
SUSAN BICKEL, MAYOR
ATTEST:
BY:
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
REQUEST FOR PROPOSALS FOR
Ice Vending Machine Services
VILLAGE OF NORTH PALM BEACH
501 U.S. HIGHWAY ONE
NORTH PALM BEACH, FLORIDA 33408-4906
ADVERTISEMENT, INSTRUCTIONS FOR
SPECIFICATIONS, PROPOSAL FORMS
ADVERTISEMENT
The Village of North Palm Beach, Florida, a Florida municipal corporation located in Palm Beach
County, Florida (“Village”), is accepting sealed proposals from qualified companies and contractors
(“Proposers”) to provide all necessary labor, materials, equipment, and related services for Ice
Vending Machine Services , with submissions accepted until 3:00 P.M. EST on April 23, 2024,
at the Village of North Palm Beach, Village Clerk’s Office, 501 U.S. Highway One, North Palm B each,
FL 33408. Proposals received after the aforementioned date and time will be returned unopened.
CONTRACT TERM
The initial term of this contract shall be for an initial three (3) year period, with an option to renew for
two (2) additional one (1) year terms for a cumulative total of five (5) years, using the same terms,
conditions, and pricing of the original agreements.
The complete Request for Proposals, including all specifications and forms, may be obtained by
bona fide proposers upon application at the Village of North Palm Beach, 501 U.S. Highway
One, North Palm Beach, Florida 33408, DemandStar or from the Village website at www.village-
npb.org.
Proposals shall be submitted with an original and three (3) copies and one (1) electronic copy in sealed
envelopes /packages addressed to Village of North Palm Beach, Village Clerk’s Office, 501 U.S.
Highway One, North Palm Beach, Florida 33408 and marked “SEALED PROPOSAL – ICE
VENDING MACHINE SERVICES.” The Village shall evaluate the proposals in accordance with the
criteria set forth in the RFP. The Village anticipates an award to the proposer with the proposal
determined by the Village to be most advantageous. The Village may conduct interviews and/or
require presentations as part of the evaluation process. The Village shall not be liable for any costs
incurred by any proposer in connection with its response to this RFP. The Village reserves the right to
reject all RFP submittals, to waive any formalities, to solicit and re-advertise for new RFP submittals,
or to abandon the project in its entirety.
VILLAGE OF NORTH PALM BEACH, FLORIDA
Zakariya M. Sherman,
Director of Leisure Services
zsherman@village-npb.org
Publish: Palm Beach Post
Date: March 27, 2024
Publish: DemandStar
Date: March 27, 2024
Page 1
REQUEST FOR PROPOSALS FOR
ICE VENDING MACHINE SERVICES
1. GENERAL INFORMATION:
The Village of North Palm Beach, Florida (“Village”) is accepting sealed proposals from
qualified companies and contractors (“Proposers”) to provide all necessary labor, materials,
equipment, and related services for Ice Vending Machine Services, with submissions accepted until
3:00 P.M. EST on April 23, 2024, at the Village of North Palm Beach, Village Clerk’s Office, 501
U.S. Highway One, North Palm Beach, FL 33408. Proposals received after the aforementioned date
and time will be returned unopened.
2. PREPARATION OF PROPOSAL:
This Request for Proposals (“RFP”) provides the complete set of terms and conditions,
specifications and proposal forms for the required goods and services. The specifications are attached
hereto and incorporated by reference as Exhibit “A.” The following forms are attached hereto and
incorporated herein by reference:
Scope of Work/Specifications Exhibit “A”
Proposer’s Acknowledgement Exhibit “B”
Vending Services Proposal Form Exhibit “C”
Public Entity Crimes Statement Exhibit “D”
Scrutinized Vendor Certification Exhibit “E”
Confirmation of Drug Free Workplace Exhibit “F”
Standard Village Contract Exhibit “G”
This RFP is available for review and printing from the Village’s web site: www.village-
npb.org or from DemandStar.
All proposal forms must be completed in full and include a manual signature, in ink,
where applicable. The signature must be of an authorized representative who has the legal
ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be
accepted.
All proposal forms must be typed or legibly printed in ink. Use of erasable ink is not
permitted. All corrections made by a proposer to any part of a proposal form must be initialed in ink.
It is a proposer’s sole responsibility to assure that its proposal is complete and delivered at the
proper time and place of the proposal opening. The Village will not be responsible for any expenses
incurred in connection with the preparation and/or delivery of a proposal.
An original of all proposal forms, three (3) copies and one (1) electronic copy, along with
other required information (as stated in Section 9 below), must be submitted in a sealed envelope to
the address provided above via hand-delivery or mail. Faxed or e-mailed proposals are not
acceptable. The face of the sealed envelope shall state “ICE VENDING MACHINE
SERVICES” and contain the proposer’s name, return address, title of the proposal, and the date
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and time for proposal opening. Proposals not submitted in a sealed envelope or on the enclosed
proposal forms may be rejected.
All questions regarding this RFP must be submitted to Zakariya Sherman by e-mail to
zsherman@village-npb.org no later than seven (7) days prior to the date scheduled for proposal
opening. Responses to questions will be provided as expeditiously as possible, generally within two
(2) business days. If any question requires a response, which the Village in its sole discretion,
determines should be provided to all potential proposers, the Village will issue an official addendum
to this RFP. The Village will endeavor to make sure all potential proposers receive such addendum
by posting the addendum on Demand Star for the respective proposal solicitation; however, it is the
sole responsibility of every proposer to verify with the Village whether any addendum has been
issued prior to submitting a proposal. The Village will not issue an addendum five (5) days or less
before proposal opening.
3. PROPOSAL EVALUATION AND AWARD:
On the date and time specified in this RFP, the Village will open and announce aloud all
proposals received on time. The evaluation of the proposals will occur soon thereafter. The
proposal opening may be delayed if, at the sole discretion of the Village, such delay is considered
to be in the Village’s best interests.
The Village Administration will evaluate the proposals in order to prepare a
recommendation to the Village Council for award of the proposal for the required goods and
services. The resulting contract shall be awarded to the responsible Proposer that best meets the
needs of the Village, taking into consideration, among other things, the financial responsibility of
the Proposer, proven skill and experience, abilities to timely perform the contract, previous
satisfactory performance, and such other abilities of the proposer that the Village in its sole
discretion determines will enable the Proposer to perform effectively and efficiently. The Village,
in its sole discretion, reserves the right to waive all technicalities or irregularities and to reject any
or all proposals. The Village further reserves the right, in its sole discretion, to award a contract to
the Proposer whose proposal best serves the interests of the Village.
The selected proposer will be required to execute a contract with the Village substantially
in the form attached hereto as Exhibit G. The Village, in its sole discretion, reserves the right to waive all technicalities or
irregularities, to reject any or all proposals or any part of a proposal, to award to a single
proposer or to divide the award between proposers, and to re-solicit this RFP or any part
of this RFP. The Village further reserves the right, in its sole discretion, to award a
contract to the proposer (or proposers) whose qualifications best serves the interests of
the Village.
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4. INSURANCE REQUIREMENTS:
The selected Proposer shall be required to carry and maintain the following insurance
coverages through the time it furnishes all required goods and services to the Village and completes
its obligations under the contract:
A. The Proposer shall maintain Comprehensive General Liability Insurance with
minimum coverage limits of $1,000,000 combined single limit of insurance per
occurrence and $1,000,000 in the general aggregate for bodily injury and property
damage and $1,000,000 in the general aggregate for products/completed operations.
Comprehensive General Liability Insurance shall include endorsements for property
damage, personal injury, contract liability, product liability and independent
contractor coverage. B. The Proposer shall maintain Comprehensive Automobile Liability Insurance in the
minimum amount of $500,000 combined single limit for bodily injury and property
damages liability to protect against claims which may arise from the ownership, use,
or maintenance of owned and non-owned automobiles, including rented automobiles
whether such operations be by the Proposer or by anyone directly or indirectly
employed by the Proposer. C. The Proposer shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, to be maintained by the Proposer
shall specifically include the Village as an Additional Insured. The Proposer shall be
responsible for any deductibles related to said insurance.
5. REGULATIONS, PERMITS AND FEES:
The selected Proposer will be required to obtain at its own expense all licenses required
to provide the required services to the Village. The selected Proposer must comply with all Federal,
State and local laws and regulations that may apply, including, but not limited to, those specifically
referenced in the Proposal Documents.
6. PUBLIC ENTITY CRIMES:
In accordance with section 287.133, Florida Statutes, any person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals or replies on leases of real
property to a public entity; may not be awarded or perform work as a VENDOR, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of $35,000 for a period of thirty-six (36) months following
the date of being placed on the convicted vendor list.
A public entity crimes statement must be completed and signed by an authorized
representative and be included with the proposal. A copy of the public entity crimes statement is
attached to this RFP as Exhibit “D.”
Page 4
7. PUBLIC RECORDS:
Upon award recommendation or thirty (30) days after opening, whichever is earlier, all
proposals and information submitted with each proposal become “public record” and shall be
subject to public disclosure consistent with Chapter 119, Florida Statutes (“Public Records
Law”). In order to be exempt from disclosure, a proposer must invoke the exemptions to disclosure
provided by law in its proposal by providing the specific statutory authority for the claimed
exemption, identifying the data or other materials to be protected, and stating the reasons why such
exclusion from public disclosure is necessary.
8. PROPOSER’S CERTIFICATIONS:
Each proposer submitting a proposal acknowledges, agrees and certifies as follows:
A. The proposer and its proposal are subject to all terms and conditions specified
herein with no exceptions unless authorized in writing by the Village;
B. The proposal constitutes an offer to the Village, which shall remain open,
irrevocable and unchanged for ninety (90) days after proposal opening;
C. The proposer has not given, offered nor intends to give or offer any economic
opportunity, future employment, favor or gratuity of any kind to any employee of
the Village in connection with this RFP;
D. The proposer has not divulged or discussed its proposal with other proposers;
E. The proposal is made based on independent determination of the proposer without
collusion with other proposers in an effort to restrict competition;
F. The proposer has not made any attempt to induce any potential proposer from
submitting or declining to submit a proposal in response to this RFP;
G. The proposer is financially solvent and sufficiently experienced and competent to
provide all goods and/or services required in this RFP;
H. The proposer shall indemnify, defend and hold harmless the Village, its officers,
employees and agents from any and all claims, damages, causes of action or
liability related to or arising from this RFP;
I. Proposer certifies that neither Proposer nor any of Proposer’s principals have been
convicted of a felony or any crime involving fraud.
J. Proposer certifies that Proposer and any parent corporations, affiliates, subsidiaries,
members, shareholders, partners, officers, directors or executives thereof are not
presently debarred, proposed for debarment or declared ineligible to bid or participate
in competitive procurement by any Federal, State or Local Government agency and
are not listed on the Florida convicted vendor list.
Page 5
K. No member of the proposer’s ownership, management or staff has any vested
interest in or employment relationship with the Village; and
L. All information provided in the proposal is true and correct in all respects.
If any proposer fails to meet the foregoing certifications, said failure will constitute grounds for
rejecting the proposal.
9. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS:
Each proposal shall be submitted in a clear, concise format, on 8½ x 11 paper. Each
proposal set shall contain all information requested herein to be considered for award. For detailed
information on the requirements and evaluation criteria specific to this RFP, please consult
the Scope of Work/Specific ations outlined in RFP Exhibit “A”. The criteria for ev aluation
can be found on pages 14 to 16, which will assist you in the preparation of your proposal.
Omission of required information may be cause for disqualification. Each proposal shall consist
of the following:
A. Cover Letter of Transmittal (no more than two pages).
The cover letter will summarize in a brief and concise statement the proposer’s qualifications,
how it is organized, and its relevant experience. Please refer to “Firm Qualifications” on page 14 to
ensure that all relevant and pertinent information is included. Minimum qualifications should be
stated and must include:
(1) A statement that the proposer is licensed in the State of Florida and qualified to
provide all services requested under this RFP; (2) A statement that if selected by the Village, the proposer understands the work to be
done, commits to perform the work within the time period, is able to and will comply
with all applicable laws, rules, regulations and ordinances of the Village, Palm Beach
County, the State of Florida and the United States; and (3) A statement that the proposer is able and will provide the required insurance as stated
herein if selected by the Village Council.
The Cover Letter should also identify the Project manager for the proposer. An official
authorized to bind the proposer and execute a contract must sign the letter of transmittal. The
following proposal forms should be attached to the Cover Letter: Proposer’s Acknowledgement Exhibit “B”
Proposal Form Exhibit “C”
Public Entity Crimes Statement Exhibit “D”
Scrutinized Vendor Certification Exhibit “E”
Confirmation of Drug Free Workplace Exhibit “F” B. Additional Information.
(1) Project Approach: Provide a concise description of how you plan to fulfill the
technical, equipment, service, and management requirements as detailed in the Scope
of Work/Specific ations , including your approach to offering free ice for special
Page 6
events. Include details about the proposed ice vending machine, such as type, model,
specifications, and visual brochures. Also, present a summarized implementation
schedule outlining the final report date, key milestones, and delivery timelines.
Mention any assumptions involved in this planning. Finally, confirm your capability
to start promptly with minimal notice and propose any viable procedural or technical
enhancements to the Scope of Services.
(2) Price Proposal: Provide a list of vending items with fixed prices for the initial three-
year term and your refund policy. Also, include a proposal for the monthly license fee
to the Village, with a justification based on the provided value. You may offer
additional incentives, like event participation or environmental initiatives, clearly
outlining these benefits to the Village.
(3) Proposer’s References: List references and prior experience; preferably with other
municipalities or local governments, in the last 3–5-year period; work or services of
the same type and size to the project being proposed. (List municipality/company
names, addresses, contact person(s), telephone numbers, date of project completion
and contract amount.)
(4) Proposer’s Location Relative to the Village: Provide a brief statement confirming
if your main office or distribution point is located within Palm Beach County, along
with its street address.
(5). Conflict of Interest Disclosure.
The proposer shall disclose with its proposal the name(s) of any officer, director,
agent, employee or immediate family member (spouse, parent, sibling and child)
who is also an employee or officer of the Village. Furthermore, all proposers shall
disclose the name of any Village employee or officer who, either directly or
indirectly, owns a material interest in the proposer’s company, firm or group or in
that of any of its affiliates. If no such conflict of interests exists, the proposer
should clearly state this in its proposal.
10. CONE OF SILENCE:
This Request for proposals is expressly subject to the Cone of Silence provisions of Section
2-355 of the Palm Beach County Code of Ordinances. Any contract resulting from this RFP entered
into in violation of the cone of silence provisions shall render the transaction voidable.
11. SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS
Pursuant to section 287.05701, Florida Statutes (2023), the Village may not request
documentation of or consider a proposer’s social, political, or ideological interests when
determining if the proposer is responsible. Further, the Village may not give a p reference to a
proposer based on the proposer’s social, political, or ideological interests.
Page 7
RFP EXHIBIT “A”
SCOPE OF WORK/SPECIFICATIONS
1. IN GENERAL:
The Village of North Palm Beach is seeking qualified firms or persons to furnish, install,
operate, maintain, and provide Ice Vending Machine Services at the Anchorage Park Marina. The
Anchorage Park Marina is located at 603 Anchorage Drive, North Palm Beach, Florida, 33408.
A. BACKGROUND:
The Village of North Palm Beach is located on the sunny east coast of Florida, nine (9)
miles north of West Palm Beach in Palm Beach County. The land area of the Village is
approximately 5.8 square miles. The Village has an abundant amount of waterfront property
created by a number of lakes, canals, and the Atlantic Ocean. Additionally, with such advantages
as warm weather, sunshine, golf, ocean fishing, boating, sandy beaches and balmy breezes, the
Village has much to offer enthusiastic people whether they are raising families or are looking to
retire.
Anchorage Park, located at 603 Anchorage Drive, is a vibrant and diverse recreational area
in the Village of North Palm Beach. It offers a multitude of facilities catering to a wide array of
interests and activities. The park features a multi-purpose building that serves various community
functions and events. For families and children, there is a dedicated playground area, which
provides a safe and enjoyable space for kids to play. Pet owners can take advantage of the three
dog parks, where their furry friends can roam and play in a controlled environment.
Sports enthusiasts have plenty to enjoy at Anchorage Park. It houses two tennis courts that
are also lined for pickleball, offering a versatile space for enthusiasts of both sports, a large open
field grassy area suitable for various outdoor activities, and a baseball field for both casual and
competitive play. Additionally, the park boasts four sand volleyball courts that are lighted,
allowing for evening games and activities.
For those who prefer a more relaxed pace, Anchorage Park offers several picnic areas for
leisurely outdoor meals. Nine gazebos are scattered throughout the park, providing shaded spots
for rest and relaxation. Furthermore, the park caters to fishing enthusiasts with its two fishing piers,
where locals and visitors alike can enjoy a peaceful day of fishing.
The park also includes a walking/jogging trail for those who enjoy outdoor exercise. This
trail offers a scenic route for walkers, joggers, and runners to stay active while enjoying the natural
beauty of the area. Convenient restrooms are available throughout the park, ensuring comfort for
all visitors.
For boating enthusiasts, Anchorage Park is particularly appealing. It features a dry storage
area, wet slips, a boat wash, and a boat ramp, making it an ideal location for boat owners and those
who enjoy water activities. These facilities provide essential services for the maintenance and
enjoyment of boating in the beautiful waters surrounding the Village of North Palm Beach.
B. COMPANY STRUCTURE
The proposer will include in the proposal the legal form of their business organization, the
state in which incorporated (if a corporation), the types of business ventures in which the
organization is involved, the office location that will be the point of contact during the term of any
resulting contract, and a chart of the organization structure, including the reporting relationships,
Page 8
as they relate to this RFP.
C. EXPERIENCE:
The successful proposer shall have a minimum of three (3) years of vending, concessions,
restaurant, or store management experience and supervision.
D. REFERENCES:
List references and prior experience; preferably with other municipalities or local
governments, in the last 3–5-year period; work or services of the same type and size to the project
being proposed. (List municipality/company names, addresses, contact person(s), telephone
numbers, date of project completion and contract amount.)
E. TERM OF CONTRACT: The initial term of this contract shall be for an initial three (3) year period, with an option to
renew for two (2) additional one (1) year terms for a cumulative total of five (5) years, using the
same terms, conditions, and pricing of the original agreements, unless earlier terminated in
accordance with Section 7 of Standard Village Contract. Any variation to the terms and conditions
set forth herein shall be in writing and meet all applicable requirements as set forth in the RFP,
including, but not limited to, the Proposal Form and the Specifications. F. AWARD:
Award of this contract shall be to the proposer who best meets the terms and conditions of
the RFP, emphasizing a commission structure that offers the Village the best balance of low cost and
high value. Consideration of award shall be based on the information submitted, including the
proposer’s past performance and client references. Each proposer is required to ensure its bid
proposal is comprehensive, includes all requested information in the RFP, and represents its best
offer. Proposers are strongly encouraged to visit and inspect the Anchorage Park Marina for a detailed
evaluation of the site before submitting their bids.
G. LICENSE:
The Village shall grant to the successful proposer the non-exclusive right to provide vending
machine services as contemplated herein. The successful proposer shall be responsible for the
payment of a monthly licensing fee to the Village. H. PRICING:
As part of this RFP, the proposer shall submit a proposed list of items that will be sold in the
vending machines with each respective item’s proposed pricing. The proposed pricing shall remain
fixed for the initial three-year term of the contract. Any request for price adjustments for the
subsequent one-year renewal periods must be submitted to the Leisure Services Director at least sixty
(60) days prior to each renewal period. These requests will be reviewed and considered on an annual
basis, aligned with the contract's anniversary. Justification is required for any proposed price
changes, and adjustments, if approved, will only take effect at the start of each renewal year.
Page 9
I. REFUND POLICY:
The Village requires that each proposer submit its refund policy in writing. Ideally, the
awarded contractor will have a refund website/email address and/or or phone number posted on the
machines, where patrons can request a refund rather than contacting Village staff. The machine must
be labeled, identifying the appropriate point of contact for refunds. Label must include location of
the refund office. Proposer shall respond to refund requests within 24-48 hours.
J. TECHNICAL REQUIREMENTS:
Ice shall be manufactured, processed, and packaged usin g methods that preclude
contamination of the ice.
Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust,
dirt, insects, and extraneous material.
Only potable water from an approved source shall be used to manufacture ice intended for
human consumption.
The installation and operation of the ice vending machine shall meet all applicable outdoor
building, plumbing, electrical, and safety code requirements.
The surface beneath the ice vending machine must be smooth, nonabsorbent, simple to clean,
and maintained in a clean, vermin-free state.
The ice vending machine must have good drainage to stop water from pooling inside or
around it.
A proper system for disposing of wastewater and cleaning chemicals must be in place. This
includes water from cleaning the machine and its base, sanitizing the ice bin, and handwashing. All
wastewater must be to a Village-approved disposal system.
The ice machine shall include an RP backflow prevention device on the supply side of the
unit water filter, as required by law.
Surfaces of the ice machine that touch ice or water for making ice must be smooth,
nonabsorbent, safe, long-lasting, and easy to clean. They should be made from materials that do not
rust, be free from non-food grade lubricants, gears, bearings, and welds, and be able to handle
frequent washing and sanitizing. These surfaces must also meet the 2022 U.S. FDA Food Code
standards for parts like delivery tubes and chutes used in dispensing ice.
Surfaces of the ice machine that are not intended to come in contact with ice or water shall
be constructed of corrosion-resistant, nonabsorbent, easily cleanable, and smooth material, suitable
for the outdoor environment.
Once each calendar quarter, microbiological analysis shall be conducted on the ice product,
with proof of negative results provided as required. Proposer shall maintain records of such analyses
and make the records available to the Village when received and upon request.
Page 10
K. EQUIPMENT REQUIREMENTS– VENDING
Proposer shall be solely responsible for furnishing, installing, stocking, securing, servicing,
and maintaining commercial-grade, automatic ice vending machines, at no cost to the Village. This
equipment, which must be new at the time of installation and maintained in 'like-new' condition
throughout the duration of the initial contract or any renewals, shall remain the sole property and
responsibility of the proposer. The Village shall have the final say on the suitability of all equipment.
All vending machines shall be capable of accepting coins and bills and must support cashless vending
options such as debit and credit card readers. These services will be located in designated, unattended
outdoor areas of Anchorage Park, as mutually agreed upon by both the Village and the proposer. The
proposer is responsible for ensuring these machines are operational and accessible 24 hours a day,
365 days a year.
Each proposer shall include a list indicating the type and model proposed and illustrated
brochures with his/her proposal. The Village reserves the right to negotiate and approve the
type/model of equipment to be installed.
The vending machines provided must be of adequate size and capacity to maintain full and
uninterrupted service.
All electrically operated vending machines furnished hereunder shall be equipped to provide
thermal overload protection. In addition, all machines furnished hereunder shall be equipped with all
necessary safety devices which shall be maintained in an operating condition at all times.
The Village shall not be responsible for any damage, theft or disappearance or for break-in,
burglary, or power failure due to hurricane, electrical storm , or any act of God. The Proposer shall
be responsible for all slugs (counterfeit monies) and cash shortages.
Decals in a form acceptable to Village shall be affixed to all equipment providing refund,
service request, unit number and comment information.
All instances of damage, theft and/or vandalism shall be reported to the Village Police
Department or alternate designee within 24 hours of the incident.
The successful proposer must initiate a preventative maintenance program to minimize
breakdown. Machines will be maintained on a regular schedule for painting and refurbishing as
proposer deems necessary or sooner if requested by the Village representative.
The vending machines as described are to remain the sole property of the proposer, and the
proposer shall be financially responsible for obtaining and properly displaying all required insurance
permits, licenses, and bonding to comply with pertinent health, local board, regulations, and
municipal, state, and federal laws. Further, the proposer shall assume liability for all applicable taxes,
including but not restricted to sales, property, and beverages. The Village shall not be responsible for
paying fees, taxes or other charges of any kind outside the scope of this contract.
Proposer shall be solely responsible to provide a copy of their respective business licenses as
required for the vending operations described herein. Copies of any required licenses shall be
provided to Village annually.
Page 11
Equipment shall be new and in superb condition. The Village retains the right to refuse any
piece of equipment for any reason. Installed equipment must be of an energy efficient design, have
industry standard safety features, a positive vend sensor and be UL listed.
Proposer shall coordinate with the Village to appropriately schedule the installation of
equipment to accommodate the park schedule and any transitional requirements. Installation of the
unit must be per manufacturer standards and in accordance with the Florida Building Code (FBC).
Proposer is responsible to obtain all applicable permits (the Village will not waive any fees) and
provide a clean bacterial report to the Village for review and acceptance prior to starting operation
of the service.
Proposer shall bear all responsibilities for any improvements required to facilitate the
installation of vending machines. This encompasses all expenses related to the installation, operation,
repair, and ongoing maintenance of the Ice Vending Machines. The Proposer may be required to
reimburse the Village for estimated electrical and water usage charges. The Village is not responsible
for any product loss or damage due to any power outage, regardless of the cause.
Proposer shall be solely responsible for the immediate removal from the Park premises of any
debris, packaging cartons, etc., resulting from the initial installation process as well as from
subsequent repair/replacement processes of installed equipment. Proposer shall also be responsible
for pre-cleaning, as necessary, any areas designated for installation.
L. SERVICE REQUIREMENTS:
The machine should be pulled out and cleaned behind and under at least two times per year.
All services and equipment must comply with the regulations of the Health Department
and/or such other governmental agencies having authority in this area.
The proposer must conduct its machine operations in an orderly manner so as not to disturb,
annoy, or be offensive to park users.
Proposer will ensure that no condition constituting a nuisance or hazard to public health or
safety will at any time exist with respect to any of its equipment or products. Proposer’s operation
must be maintained as to provide an aesthetically pleasing appearance and shall not be detrimental
to the immediate surroundings.
Proposer will be mindful of litter associated with the Ice Vending Machines and make a
conscious effort to keep consumables, such as plastic bags and twist ties contained. Proposer will
work with Village staff to monitor and prevent excessive litter.
Proposer must check for expired or deficient product each visit. If expired or deficient product
is found, it must be removed and documented.
Proposer shall clean/sanitize and maintain installed equipment, changers, vending card
readers and related components in good working order and shall be solely responsible for the expert
maintenance and repair of equipment.
Page 12
Proposer should provide a comprehensive schedule of preventative maintenance to be
followed during the term of an awarded agreement by which mechanical disruptions to vending
efficiency shall be kept to a minimum.
Proposer will ensure, at its own expense, that the Ice Vending Machines are repaired
promptly, refurbished regularly, and maintained in good condition and with the same appearance as
at the time of initial approval by the Village. Proposer acknowledges that, in addition to normal wear
and tear, its Ice Vending Machines will be exposed to extreme environmental conditions. Proposer
assumes all risks and expenses associated with maintaining its vending machines as required.
Proposer shall remove and replace equipment that experiences repeat problems to ensure the
highest possible customer satisfaction.
Proposer is required to provide, at no additional cost to the Village, free ice for designated
Village recreation events. These events include, but are not limited to, Arbor Day, Hot Cars & Chili,
Movie in the Park, Beats & Eats, Garage Sale, Easter Egg Hunts, Art Show, Earth Day, Trivia Night,
Anchorage Aweigh Fishing Tournament, Touch-A-Truck, Halloween Festival, and similar
community events. This requirement underscores the proposer's commitment to community
engagement and support.
M. MANAGEMENT REQUIREMENTS:
It is expected that the successful proposer will have a route supervisor or marketing
representative conduct on site visits/inspections at least monthly for quality assurance purposes. It is
required that the successful proposer designate a management representative to be the Village/Park
point of contact with the company. This representative is also expected to schedule a bi-annual visit
with the Village to review performance and goals.
Proposer shall provide adequate and expert managerial and administrative supervision and
oversight of its machine and its operation.
Proposer shall not subcontract, in whole or in part, any services or rights granted under this
agreement without the written consent of the Village.
Employees of the proposer shall abide by applicable Village policies and procedures while
on Village property.
Any addition, substitution, removal or relocation of the ice vending machine or any peripheral
equipment shall not be undertaken by proposer without prior written approval of the Village.
Proposer shall bear any and all losses sustained due to the theft of monies, products and/or
damage to its equipment while housed at the Village Marina.
Proposer will be responsible for all damage to Village property caused by the proposer, its
employees, or its agents. Any such damage shall be promptly corrected at the expense of the
proposer.
Page 13
Proposer shall not use the name or any logos of the Village in connection with any activities
not covered by this RFP, or in any marketing or promotional activity, without the prior written
consent of the Village.
Proposer must receive approval from the Village for any plans involving modifications,
physical improvements, signage, or additional fixtures in the vending area before these changes are
implemented.
Advertising signs shall not be displayed except for identification signs approved by the
Village for size, wording, and number in accordance with the applicable Village Ordinances, unless
expressly permitted in writing by the Village. No inflatable/electric signs are to be used.
Proposer shall not be permitted to use the ice vending area for any purpose other than the
selling of ice, and the proposer shall conduct business as to render a service to the public in a dignified
manner with no pressure, coercion, persuasion, or hawking done by the proposer in an attempt to
influence the public to purchase their products.
Proposer shall assume all risks incident to or in connection with the use and service to be
conducted hereunder and shall solely be responsible for all accidents or injuries of whatsoever nature
to the person or property caused by its operation of the concession provided herein. Proposer hereby
agrees to indemnify, defend, and save harmless the Village and its respective agents, officials,
employees, and representatives from any and all claims of liability for damages by or in connection
with any activities conducted pursuant to this Agreement. Village assumes no responsibility
whatsoever for any property located on the premises and Village is hereby expressly relived and
discharged from any and all liability for any loss, injury or damage to persons or property that may
be sustained by any reason of the occupancy under this Agreement.
Proposer, in accordance with the terms of the licensing agreement with the Village, hereby
acknowledges and agrees that they shall not be considered, nor act as, an agent of the Village in any
capacity. The Village is not responsible for the collection of any moneys owed to the proposer.
2. RFP SUBMITTAL SCORING:
Proposals will be evaluated in accordance with weighted criteria listed below:
Evaluation Criteria – Scoring Guide Points Range
Firm Qualifications. Management, Supervisory and Staff
Experience.
0 – 20
Project Approach to the Technical Requirements,
Equipment Requirements, Service Requirements, and
Management Requirements as Outlined in the Scope of
Work.
0 - 40
Price Proposal. Cost/Pricing for Goods and Services.
Refund Policy. Proposed monthly License fee to Village.
Other Proposed Incentives that Proposer is willing to
offer to Village.
0 - 30
References 0 - 5
Local Preference 0 - 5
Page 14
Total Maximum Points 100
All complete proposals received will be reviewed by an evaluation committee of members of
Village Staff. The criteria will guide the committee during the short-listing and final ranking of
Proposers by establishing a general framework for those deliberations.
Shortlisted proposals will be selected for an interview prior to a recommendation being
presented to the Village Council. The Successful Proposer shall be required to execute a Village
contract covering the scope of services to be provided and setting forth the duties, rights, and
responsibilities of the parties. The successful Proposer prior to recommendation of award and
presentation to the Village Council must execute this contract.
See below for additional detail concerning the Evaluation Criteria.
A. Firm Qualifications (Points Range 0 – 20)
This section of the proposal should outline key details about the firm, including its size, range
of activities, and types of business ventures. It should also detail the firm's legal structure and,
for corporations, the state of incorporation. The main office location for contact during the
contract and an organizational chart, highlighting relevant reporting relationships for this
RFP, should be included as well.
This section must also identify the contact person who will work on the project. Resumes of
each person should be provided with emphasis being given to their experience with similar
work. If resumes are not available at the time the proposal is submitted, you should provide
a listing of the qualifications, including education, experience, etc., that will be required.
Qualified Proposers shall have a minimum of three (3) years of experience in vending,
concessions, restaurant, or store management and must detail this experience in their
proposal, also explaining how their past work and expertise will specifically contribute to the
success of this project.
B. Project Approach (Points Range 0 – 40)
Proposers shall include a detailed explanation of their approach and strategies for meeting all
technical, equipment, service, and management requirements as specified in the scope of
work, pages 8-13. This includes providing a clear acknowledgment of the requirement to
provide, at no additional cost to the Village, free ice for special events.
This section shall also outline the type and model of ice vending machine proposed and
include specs with illustrated brochures.
Include an implementation schedule with a final report delivery date and note key project
milestones and timelines for deliverables.
Identify any assumptions used in developing the schedule.
Include a statement indicating ability to begin work with minimum notice. Proposer may also
Page 15
propose procedural or technical enhancements/innovations to the Scope of Services, which
do not materially deviate from the objectives or required content of the scope of services.
C. Price Proposal (Points Range 0 – 30)
Proposers shall submit a list of vending items with fixed proposed pricing for the initial three-
year contract term.
Proposers shall provide a copy of their written refund policy.
Proposers shall submit a detailed proposal for the monthly license fee to be paid to the Village
for the duration of the contract. This proposal should include a justification for the fee
amount, considering the value offered to the Village and its residents.
Proposers are encouraged to include any additional incentives or benefits they are willing to
offer to the Village. These could include, but are not limited to, participation and/or
sponsorships of Village recreation events, contributions to Village-led projects, or initiatives
focused on environmental sustainability in park areas. Details of such incentives should be
clearly outlined, demonstrating the proposer's commitment to adding value to the Village
community beyond the basic contract requirements.
D. References (Points Range 0 – 5)
The proposer shall submit a list of references and previous experiences, preferably with
projects for municipalities or similar clients in the past 3-5 years. These references should
match the type and size of the proposed project. For each reference, include the
organization's name and address, contact person's name and phone number, completion date
of the project, and the contract value.
E. Local Preference (5 Points)
The Village shall grant a preference in the amount of five (5) points to proposers who have a
fixed office or distribution point located in and having a street address within Palm Beach
County.
Tentative RFP Schedule (subject to change at the discretion of the Village): March 27, 2024 Public Advertisement of RFP
April 23, 2024 Proposals due by 3:00 PM
Early May, 2024 Evaluation Committee Review of Proposals (Step 1)
End of May 2024 Evaluation Committee Interviews (Step 2)
June, 2024 Contract Recommendation to Council (Step 3)
Exhibit “B” Page 2
RFP EXHIBIT “B”
PROPOSER’S ACKNOWLEDGEMENT
SUBMIT ONE (1) ORIGINAL, THREE (3) COPIES AND ONE (1) ELECTRONIC
COPY OF YOUR PROPOSAL TO:
Village of North Palm Beach
Village Clerk’s Office
501 U.S. Highway One,
North Palm Beach, FL 33408
RFP TITLE: Ice Vending Machine Services
Proposal must be received PRIOR TO 3 :00 P.M. on April 23, 2024, at which time proposals
will be opened.
Proposer’s Name:
(Please specify if a corporation, partnership, other entity or individual)
Fed. ID# or SSN:
Address:
Telephone No.:
E-mail Address:
Contact representative:
The undersigned authorized representative of the Proposer agrees to all terms and conditions stated
in the RFP, to supply Ice Vending Machine Services meeting all specifications, and proposes and
agrees that if this proposal is accepted by the Village, the Proposer will in good faith enter into
contract negotiations with the Village utilizing the standard Village in accordance with the terms
and conditions of this RFP. No proposal may be withdrawn for a period of ninety (90) days
following the opening of the proposals. The Proposer further acknowledges and affirms the
certifications set forth in Section 8 of the RFP.
PROPOSER REPRESENTATIVE WITH AUTORITY TO BIND CONTRACT
Authorized Representative’s Signature Date
Name Position
CORPORATE SEAL
Attest By: __________________________
Secretary
Signature: Date: ____________
Exhibit “C” Page 1
RFP EXHIBIT “C”
VENDING SERVICES PROPOSAL FORM
Name of Proposer:
Company Name: ___________________________________________________________
Contact Information: ________________________________________________________
A. Price Proposal
1. Vending Items Pricing
Please list vending items with fixed proposed pricing for the initial three-year contract term.
ITEM NO. ITEM DESCRIPTION PROPOSED PRICE PER ITEM FOR THE INITIAL 3-YEAR TERM
1. Ice
2.
3.
2. Refund Policy
Please attach a copy of your written refund policy or write it here legibly.
________________________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________
3. Monthly License Fee Proposal
Please provide a detailed proposal for the monthly license fee on the lines below, including a
justification for the fee amount considering the value offered to the Village and its residents.
DESCRIPTION MONTHLY LICENSE FEE
Proposed Monthly Fee to be Paid to the Village $
______________________________________________________________________________
____________________________________________________________________
Exhibit “C” Page 2
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
4. Additional Incentives or Benefits
Proposers are encouraged to offer additional incentives or benefits to the Village. These could
include participation or sponsorships of Village recreation events, contributions to Village-led
projects, or environmental sustainability initiatives in park areas.
Please detail any additional incentives or benefits on the lines below, demonstrating your
commitment to adding value to the Village community.
DESCRIPTION OF INCENTIVE/BENEFIT AND DETAILED EXPLANATION
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Signature:_______________________________________________
Date:___________________________
Exhibit “D” Page 1
EXHIBIT “D”
PUBLIC ENTITY CRIMES STATEMENT
UNDER § 287.133, FLORIDA STATUTES
1. This sworn statement is submitted to the Village of North Palm Beach, Florida
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the Individual
signing this sworn statement: )
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision or any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term “affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal power
Exhibit “D” Page 2
to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,
me mbers, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
(Signature)
The foregoing document was sworn and subscribed before me this day of
, 2024 by , who is personally known to me or produced
as identification.
Notary Public
My Commission Expires:
Exhibit “E” Page 1
RFP EXHIBIT “E”
SCRUTINIZED VENDOR CERTIFICATION
PURSUANT TO SECTION 287.135, FLORIDA STATUTES
This sworn statement is submitted to the Village of North Palm Beach, Florida
by _____________________________________________________________________
(print individual's name and title)
for _____________________________________________________________________
(print name of entity submitting sworn statement)
whose business address is___________________________________________________
________________________________________________________________________
and (if applicable) its Federal Employer Identification Number (FEIN) is: _____________
(If the entity has no FEIN, include the Social Security Number of the Individual
signing this sworn statement: _______________________)
1. I hereby certify that the above-named entity:
A. Does not participate in the boycott of Israel; and
B. Is not on the Scrutinized Companies that Boycott Israel List.
2. If the Contract for goods and services is for more than $1,000,000, I hereby certify that the
above-named entity:
A. Is not on the Scrutinized Companies with Activities in Sudan List; and
B. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; and
C. Has not engaged in business operations in Cuba or Syria.
Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for
goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering
into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,
created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and (2)
contracting with companies, for goods or services over $1,000,000 that are on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes or is engaged in
business operations in Cuba or Syria.
Exhibit “E” Page 2
As the person authorized to sign on behalf of the above-named entity, I hereby certify that the
statements set forth above are true and that pursuant to Section 287.135, Florida Statutes, the
submission of a false certification may subject the company to civil penalties, attorney’s fees and/or
costs. I further understand that any contract with the Village for goods or services may be terminated
at the option of the Village if the company has been found to have submitted a false certification.
(Signature)
The foregoing document was sworn and subscribed before me this ______ day of
______________, 2024 by ______________________, who is personally known to me or produced
______________________ as identification.
____________________________
Notary Public
My Commission Expires:
Exhibit “F” Page 1
RFP EXHIBIT “F”
CONFIRMATION OF DRUG-FREE WORKPLACE
In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals
are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. In order to have a drug-free workplace program, a
business shall:
(1) Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violation of such
prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual
services that are under proposal a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community by, any
employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign this statement on behalf of ,
I certify that complies fully with the above requirements.
Authorized Representative’s Signature Date
Name: Position:
Exhibit “G” Page 1
RFP EXHIBIT “G”
STANDARD VILLAGE CONTRACT
This Contract is made as of the day of , 2024, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and ________,
an individual or corporation authorized to do business in the State of Florida, hereinafter referred
to as the VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed
that the VENDOR shall provide to the VILLAGE all goods and services necessary to provide Ice
Vending Machine Services pursuant to the terms and conditions of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Ice Vending Machine Services in accordance with the Request for
Proposals issued by the Village, and VENDOR’s Proposal submitted in response to the Request for
Proposals, which are incorporated herein by reference.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective and shall remain in effect for
a period of three (3) years, unless earlier terminated in accordance with Section 7. This Contract shall
automatically renew for two (2) additional one (1) year periods upon the same terms and conditions
contained herein unless either party provides the other party with ninety (90) days’ written notice of
its intent not to renew prior to the expiration of the initial term or renewal term. Any variation to the
terms and conditions set forth herein shall be in writing and signed by both parties.
B. The VENDOR shall not be entitled to an increase in the agreed to compensation resulting
from this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect,
consequential, impact or other costs, expenses, or damages. VENDOR may request an increase in
pricing during the renewal terms as set forth in the RFP.
SECTION 3: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Zakariya
Sherman, Director of Leisure Services. The Village Manager or Village Representative shall have
the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the
work being performed thereunder and the premises in which it is being performed.
SECTION 4: LICENSING FEE.
VENDOR agrees to pay to the VILLAGE a monthly license fee in the amount of ______________
and provide other benefits to the VILLAGE as set forth in the RFP and VENDOR’s Proposal.
Payments shall be due in advance of each month and shall include all applicable taxes.
SECTION 5: INDEMNIFICATION.
A. The VENDOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and/or cause of
Exhibit “G” Page 2
action which may arise from any negligent act or omission of the VENDOR, its agents, servants or
employees in the performance of services under this Contract.
B. The VENDOR further agrees to indemnify, save harmless and defend the VILLAGE, its
agents, servants and employees from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR its agents,
servants, or employees not included in the paragraph above and for which the VILLAGE, its agents,
servants or employees are alleged to be liable.
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 VENDOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida
Statutes.
SECTION 6: PERSONNEL.
A. The VENDOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the VENDOR or under
its supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
C. All of the VENDOR’s personnel (and all sub-contractors OR sub-consultants) while on
VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and
security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the VENDOR upon thirty (30) days prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of the VENDOR. It may also be
terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice
to the VENDOR. The VILLAGE may also terminate this Contract with written notice of cause to
the VENDOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE’s
notice.
SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased
directly by the VILLAGE, the VENDOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the
VENDOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the VENDOR shall provide certificates evidencing
insurance coverage as required in the Request for Proposals. All insurance policies shall be issued
by companies authorized to do business under the laws of the State of Florida. The Certificates
shall clearly indicate that the VENDOR has obtained insurance of the type, amount, and
Exhibit “G” Page 3
classification as required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the
VILLAGE’s representative. Failure to comply with the foregoing requirements shall not relieve
the VENDOR of its liability and obligations under this Contract.
B. The parties to this Contract shall carry Workers’ Compensation Insurance and
Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that
a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then
such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an
exemption authorized by the Department of Insurance and shall provide a copy of such exemption
to the VILLAGE.
C. All insurance, other than Worker’s Compensation, to be maintained by the VENDOR
shall specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and the VENDOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the VENDOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of the VILLAGE
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the VILLAGE and the VENDOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise
by any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof. The VILLAGE and the VENDOR knowingly, voluntarily, and intentionally
waive any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
The VENDOR is, and shall be, in the performance of all Services under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in an y of the Services performed pursuant to this Contract shall at all times, and in all
places, be subject to the VENDOR’S sole direction, supervision, and control. The VENDOR shall
exercise control over the means and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
The VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred
Exhibit “G” Page 4
in estimating and performing the Services for at least three (3) years after completion 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 the VENDOR’s
place of business. In no circumstances will VENDOR be required to disclose any confidential or
proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
The VENDOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status or sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which such party or parties
may be entitled.
SECTION 16: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application
of such terms or provision, to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision of this Contract
shall be deemed valid and enforceable to the extent permitted by law.
SECTION 17: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals or replies on leases of real property to a public
entity; may not be awarded or perform work as a VENDOR, supplier, sub- VENDOR or VENDOR
under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY
TWO for a period of thirty-six (36) months following the date of being placed on the convicted
vendor list. The VENDOR will advise the VILLAGE immediately if it becomes aware of any
violation of this statute.
SECTION 18: PROTECTION OF WORK AND PROPERTY.
A. The VENDOR shall continuously maintain adequate protection of all work from damage,
and shall protect the VILLAGE’s property from injury or loss arising in connection with the
Contract. Except for any such damage, injury or loss, except that which may be directly due
to errors caused by the VILLAGE or employees of the VILLAGE, the VENDOR shall provide
Exhibit “G” Page 5
any necessary materials to maintain such protection.
B. The VENDOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
SECTION 19: COMPLIANCE WITH LAWS.
VENDOR shall, in performing the services contemplated by this Contract, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to the
services to be rendered under this Contract.
SECTION 20: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
SECTION 21: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR 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. In the
event of a conflict between this Contract and the VILLAGE’s Request for Qualifications and the
VENDOR’s proposal, this Contract shall take precedence with the VILLAGE’s Request for
Qualifications taking precedence over the VENDOR’s proposal. All such documents shall be read
in a manner so as to avoid a conflict.
SECTION 22: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
SECTION 23: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
Exhibit “G” Page 6
SECTION 24: SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 25: WAIVER OF SUBROGATION.
VENDOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then VENDOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the
policy specifically prohibits such an endorsement, or voids coverage should VENDOR enter into
such an agreement on a pre-loss basis.
SECTION 26: INSPECTOR GENERAL.
VENDOR 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 VENDOR. VENDOR understands
and agrees that in addition to all other remedies and consequences provided by law, the failure of
VENDOR to fully cooperate with the Inspector General when requested may be deemed by the
VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 27: ADDITIONAL SERVICES;
If during the contractual period covered by the agreement, additional services are needed, VENDOR
may, at the option of the Village Council, be engaged to perform these services under the terms of
the contract.
SECTION 28: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE VILLAGE’S
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, VENDOR shall comply with all relevant provisions of
Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, VENDOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a
copy the requested records or allow the records to be inspected or copied within a reasonable
Exhibit “G” Page 7
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 VENDOR 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 VENDOR or keep and maintain public records required by the VILLAGE to
perform the services. If VENDOR transfers all public records to the VILLAGE upon completion
of the Contract, VENDOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If VENDOR keeps and
maintains public records upon completion of the Contract, VENDOR shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that
is compatible with the information technology systems of the VILLAGE.
SECTION 29. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for VENDOR, to solicit or secure this Contract and that
VENDOR has not paid, or agreed to pay, any person, company, corporation, individual or firm,
other than a bona fide employee working solely for VENDOR, any fee, commission, percentage, gift
or other consideration contingent upon, or resulting from, aware or making of the Contract. For the
breach or violation of this provision, the VILLAGE shall have the right to terminate this Contract
and its sole discretion, without liability, and to deduct from the Contract price, or otherwise recover,
the full amount of such fee, commission, percentage, fit or consideration.
SECTION 30. E-VERIFY.
VENDOR warrants and represents that VENDOR and all subcontractors are in compliance with
Section 448.095, Florida Statutes, as may be amended. VENDOR 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 unauthorized aliens. If the
VILLAGE has a good faith belief that VENDOR has knowingly violated Section 448.09(1), Florida
Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes,
as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly
violated Section 448.09(1), Florida Statutes, but VENDOR has otherwise complied, it shall notify
VENDOR, and VENDOR shall immediately terminate its contract with the subcontractor.
Exhibit “G” Page 8
IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY: ______________________________
SUSAN BICKEL, MAYOR
ATTEST:
BY:
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
603 Anchorage Drive, North Palm Beach, FL 33408 ● (561) 841-3386 ● www.village-npb.org
Village of North Palm Beach
Leisure Services Department
RFP-2024-02-Ice Vending Services/ZMS-1-2024/ZS-0-
2024/ZS
Ice Vending Services
Addendum
No. 1
April 7, 2024
SUBMITTAL DUE: 3:00 PM, Local Time, April 23, 2024
Question 1: Should electric copy of the vending machine proposal be put on a flash drive or emailed to a
specific email address? It says 3 copies get mailed which is clear. But electronic usually means
emailed.
Response 1: Usually, people put at least three paper copies inside an envelope along with a thumb drive
containing the same documents. Everything gets turned into the clerks office at Village Hall.
Thanks!
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Firm Qualifications
1. Excellent (15-20 points)
The proposal provides a comprehensive and detailed overview of the firm, including size,
activities, and business ventures.
The firm's legal structure is clearly outlined, with specifics on state incorporation.
An organizational chart is included and highly relevant to this RFP.
The contact person and team qualifications are thoroughly detailed with complete and
relevant resumes.
Demonstrates over three years of relevant experience with strong evidence of how this
will contribute to the project's success.
The proposal is exceptionally well-organized, clear, and directly relevant to the RFP
requirements.
2. Good (10-14 points)
The proposal gives a good overview of the firm but may lack some detail.
Legal structure and state of incorporation are mentioned but not elaborated.
An organizational chart is included but might not be fully tailored to the RFP.
Contact person and team qualifications are provided with fairly complete resumes.
Shows at least three years of relevant experience with a satisfactory explanation of its
relevance.
The proposal is well-organized and clear but might lack some specificity related to the
RFP.
3. Satisfactory (5-9 points)
The proposal outlines basic information about the firm but lacks depth.
Legal structure and incorporation details are briefly mentioned.
Provides a basic organizational chart with limited relevance to the RFP.
Contact person is identified; team qualifications are listed with minimal details.
Meets the minimum experience requirement but with limited explanation of its relevance.
The proposal is organized and clear but lacks detail and direct relevance to the RFP.
4. Needs Improvement (1-4 points)
The proposal provides very limited information about the firm.
Legal structure and incorporation details are either missing or very briefly mentioned.
The organizational chart is either missing or not relevant to the RFP.
Contact person and team qualifications are inadequately described.
Fails to clearly demonstrate the required experience or its relevance to the project.
The proposal is poorly organized, lacks clarity, and does not align well with RFP
requirements.
5. Unsatisfactory (0 points)
The proposal fails to provide essential information about the firm.
Legal structure, incorporation details, and organizational chart are missing.
No clear identification of the contact person or team qualifications.
Does not meet the minimum experience requirement.
The proposal is disorganized, unclear, and not aligned with the RFP's requirements.
Project Approach
1. Exceptional (30-40 points)
Provides an exceptionally detailed and strategic approach for meeting all technical,
equipment, service, and management requirements, including free ice for special events.
Clearly outlines the type and model of ice vending machine, including detailed specs and
high-quality illustrated brochures.
Includes a comprehensive implementation schedule with a realistic final report delivery
date, key milestones, and timelines for deliverables.
Assumptions used in developing the schedule are clearly identified and well-justified.
Includes a strong statement of readiness to begin work with minimum notice.
Proposes innovative and relevant procedural or technical enhancements to the Scope of
Services without deviating from core objectives.
2. Good (20-29 points)
Provides a clear and comprehensive approach for meeting specified requirements,
including free ice for events.
Adequately outlines the proposed ice vending machine with good specs and illustrated
brochures.
Includes a coherent implementation schedule with clear milestones, timelines for
deliverables, and a final report delivery date.
Assumptions in the schedule are identified and reasonably justified.
Indicates readiness to commence work with minimal notice.
Suggests practical enhancements to the Scope of Services that improve project outcomes.
3. Adequate (10-19 points)
Offers a basic but complete approach for meeting core requirements, including free ice
provision.
Outlines the ice vending machine type and model with basic specs and brochures.
Presents a basic implementation schedule with key milestones and a final report delivery
date.
Identifies assumptions used in the schedule but with limited justification.
Indicates ability to begin work with minimal notice but lacks detail.
Proposes few or minor enhancements to the Scope of Services.
4. Below Expectations (5-9 points)
The approach for meeting requirements is vague or incomplete, missing key aspects like
free ice provision.
Provides minimal information about the ice vending machine with insufficient specs and
brochures.
Implementation schedule lacks clarity or detail, with vague milestones and deliverable
timelines.
Assumptions are either not identified or poorly justified.
Limited indication of readiness to begin work promptly.
Offers little to no enhancements or innovations to the Scope of Services.
5. Unsatisfactory (0-4 points)
Fails to provide a coherent explanation of the approach for meeting project requirements,
including free ice provision.
Lacks sufficient details about the proposed ice vending machine, including specs and
brochures.
Does not include an implementation schedule, or it is highly inadequate.
Fails to identify or justify any assumptions in schedule development.
Does not indicate ability to begin work with minimum notice.
No enhancements or innovations proposed, or suggestions deviate significantly from the
project's objectives.
Price Proposal
1. Exceptional (22-30 points)
Submits a comprehensive list of vending items with highly competitive and fixed
proposed pricing for the initial three-year contract term.
Provides a well-detailed, customer-friendly written refund policy.
Presents a thoroughly justified proposal for the monthly license fee, demonstrating an
excellent understanding of the value offered to the Village and its residents.
Includes substantial additional incentives or benefits, such as significant participation in
or sponsorships of Village recreation events, impactful contributions to Village-led
projects, or notable initiatives focusing on environmental sustainability.
These incentives are clearly outlined and demonstrate a strong commitment to adding
substantial value to the Village community beyond the basic contract requirements.
2. Good (15-21 points)
Offers a detailed list of vending items with competitive proposed pricing for the three-
year term.
Provides a clear and fair written refund policy.
Submits a well-justified proposal for the monthly license fee, showing a good
understanding of the value to the Village.
Includes additional incentives or benefits that are meaningful, such as participation in
Village events, contributions to local projects, or environmental initiatives.
Details of these incentives are clearly outlined, showing a solid commitment to the
Village community.
3. Adequate (8-14 points)
Provides a basic list of vending items with reasonable proposed pricing for the initial
contract term.
Includes a standard written refund policy.
Submits a proposal for the monthly license fee with some justification, reflecting an
adequate understanding of the value to the Village.
Offers some additional incentives or benefits, which may be modest in scale but are
relevant, such as minor participation in Village events or small contributions to local
projects.
These incentives are outlined but may lack depth in demonstrating commitment to the
Village community.
4. Below Expectations (4-7 points)
The list of vending items and pricing lacks detail or competitiveness for the contract
term.
Provides a minimal or unclear written refund policy.
The proposal for the monthly license fee is inadequately justified, showing limited
understanding of the value to the Village.
Offers few or minor additional incentives or benefits, with limited relevance or impact on
the Village community.
Details of these incentives are vague or insufficiently demonstrate commitment to the
Village.
5. Unsatisfactory (0-3 points)
Fails to provide a comprehensive list of vending items, or the proposed pricing is not
competitive or appropriately fixed for the contract term.
Lacks a written refund policy or provides one that is not customer-friendly.
The monthly license fee proposal lacks justification or understanding of the value to the
Village.
No additional incentives or benefits are offered, or they are irrelevant and do not
demonstrate any commitment to the Village community.
References
1. Excellent (4-5 points)
Submits a comprehensive list of high-quality references, all of which are directly relevant
to municipalities or similar clients, and closely match the type and size of the proposed
project.
Each reference includes complete details: the organization's name and address, contact
person's name and phone number, completion date of the project, and the contract value.
The references provided demonstrate a strong and consistent track record of success in
similar projects.
2. Good (3 points)
Provides a list of relevant references, most of which are related to projects with
municipalities or similar clients, matching the type and size of the proposed project.
Most references include full details: organization's name and address, contact person's
name and phone number, completion date, and contract value.
The references indicate a good track record in similar projects.
3. Adequate (2 points)
Includes a basic list of references, with some relevance to projects for municipalities or
similar clients.
Some references may lack complete information (e.g., missing contact details or contract
values).
The references suggest an adequate level of experience in similar projects.
4. Below Expectations (1 point)
Provides only a few references, with limited relevance to the type and size of the
proposed project.
References often lack important details, such as contact information or contract values.
The references provided do not clearly demonstrate a solid experience in similar projects.
5. Unsatisfactory (0 points)
Fails to provide a list of references, or the references are entirely irrelevant to the type
and size of the proposed project.
Missing significant details in the references provided, such as organization names,
contact information, project dates, or contract values.
The references do not demonstrate any relevant experience in similar projects.
Local Preference
1. Meets Local Preference (5 points)
The proposer clearly demonstrates that they have a fixed office or distribution point with
a physical street address located within Palm Beach County.
The provided information is verifiable and clearly indicates a permanent and established
presence in the specified area.
2. Does Not Meet Local Preference (0 points)
The proposer does not have a fixed office or distribution point with a physical street
address within Palm Beach County.
The information provided is insufficient, unclear, or indicates that the proposer's office or
distribution point is located outside the specified area.
REQUEST FOR PROPOSALS FOR
Ice V ending Machine Services
VILLAGE OF NORTH PALM BEACH
501 U.S. HIGHWAY ONE
NORTH PALM BEACH, FLORIDA 33408-4906
ADVERTISEMENT, INSTRUCTIONS FOR
SPECIFICATIONS, PROPOSAL FORMS
HM F Com m erce , uc
236 Castlewood Dr. Suite 207
North Palm Beach, FL 33408
561-203-8781
Email Fill.More. lce@gmail.com
Date 04/01/2024
Village of North Palm Beach
Village Office Clerk
501 US Hwy One
North Palm Beach, FL 33408
Dear Village of North Palm Beach:
Proposal for Filtered Ice & Water vending:
30 years of hands-on experience in retail management and multi-business ownership. Regional
Director of Sales Krauszer Convenience stores, Edison NJ. VP of Sales for Fortunoff Backyard
Store, Florida division. Owner of Palm Beach Patio Furniture, Palm Beach Gardens, FL. Owner of
HMF Commerce, North Palm Beach, Florida. President of the Northport Condominium, North Palm
Beach Florida.
Knowledge in technology of Ice and water vending machines-specifically Everest water & Ice
vending machines. Advanced filtration system for water and ice. Twin 4FC filters capable of
filtering impurities down to two microns for each 30,000 gallons of water. Filters are changed
twice a year. Efficient and environmentally friendly.
Understanding of the work and commitment of following the rules and regulations of Palm Beach
County in the state of Florida in all business's current and accountable for.
Attached are exhibits A, B, C, D, E, Fand G.
We will be purchasing an Everest Ice 8: Water vending machine which is capable of vending 100 20lb
bags of ice daily. Based on our research, we believe this is the best machine for this location.
HMF, LLC has a current business license under Sun Biz for Florida.
If selected, we understand we must adhere to site prep, acquiring permits for a 95,, by 90 1 '2" slab,
running electrical from the utility service, and tapping into the water supply onsite.
Sun State Insurance will be covering the insurance requirements.
All insurance, other than Worker's Compensation, to be maintained by HMF, LLC and shall
specifically include the Village as an Additional Insured.
The project manager is Dan Fillmore.
Pric e Proposal - Filtered Ice per 10 lb. bag will be set at $4.50 a bag, with interval lowered
promotional pricing throughout the year. The set price has been evaluated by competitive shopping
surrounding stores in the immediate area. Also polling local residence that frequent the boat ramp
and park.
Filtered Water - .35 cents per gallon. Promotional pricing will be considered throughout the year.
Water Testing - Water testing is done at a local lab upon set up (if required).
Subsequent Water Testing as required.
Refunds: There is a phone number on the machine. We will be able to refund or dispatch ice
remotely so this will allow immediate customer service action.
Marketing - HMF Commerce, LLC will place 4 wind flags at the entrance of the park and two by the
boat ramp area. Additionally, there will be 4 lawn signs in the park area for the first 45 days to
promote the Fill-More Ice and Filtered Water machine. Identical marketing will be used when there
are special events or holiday weekends along with a monthly mention in the Village's newsletter to
promote community awareness of Fill-More Ice and Filtered Water.
Additional Incentives - First Responder or Village sponsored events will receive a gift card for free
ice upon written request.
References: Please see the attached references.
HMF, LLC official office is located at 236 Castlewood Drive, Suite 207, North Palm Beach, FL 33408.
Sincerely,
Daniel & Priscilla Fillmore
Enclosure
2
11940 Highway One Realty, LLC
April 22, 2024
Village of North Palm Beach
420 U.S. Highway 1, Suite 21
North Palm Beach, FL 33408
Re: Dan Fillmore
Palm Beach Patio Furniture
To Whom It May Concern:
Dan Fillmore's Palm Beach Patio Furniture Store has been a tenant at our Seminole Shoppes
retail center in Palm Beach Gardens for the past three years. Dan is a successful businessman
whose retail store offers high quality merchandise and excellent service to its customers.
The quality of Dan's products and excellent service has been a real asset to our center. He is a
valued member of our tenant roster and has been a pleasure to work with.
Sincerely,
11940 Highway One Realty, LLC
Manager
12800 HIGHWAY O~IE, STE 303 • JUNO BEACH, FLORIDA 33408 • TELEPHONE: 561.694-5290 • FAX: 561.694-5291
RFP EXHIBIT "A "
SCOPE OF WORK/SPECIFICATIONS
1. IN GENERAL:
The Village of North Palm Beach is seeking qualified firms or persons to furnish, install,
operate, maintain, and provide Ice Vending Machine Services at the Anchorage Park Marina. The
Anchorage Park Marina is located at 603 Anchorage Drive, North Palm Beach, Florida, 33408.
A. BACKGROUND:
The Village of North Palm Beach is located on the sunny east coast of Florida, nine (9)
miles north of West Palm Beach in Palm Beach County. The land area of the Village is
approximately 5.8 square miles. The Village has an abundant amount of waterfront property
created by a number oflakes, canals, and the Atlantic Ocean. Additionally, with such advantages
as warm weather, sunshine, golf, ocean fishing, boating, sandy beaches and balmy breezes, the
Village has much to offer enthusiastic people whether they are raising families or are looking to
retire.
Anchorage Park, located at 603 Anchorage Drive, is a vibrant and diverse recreational area
in the Village of North Palm Beach. It offers a multitude of facilities catering to a wide array of
interests and activities. The park features a multi-purpose building that serves various community
functions and events. For families and children, there is a dedicated playground area, which
provides a safe and enjoyable space for kids to play. Pet owners can take advantage of the three
dog parks, where their furry friends can roam and play in a controlled environment.
Sports enthusiasts have plenty to enjoy at Anchorage Park. It houses two tennis courts that
are also lined for pickleball, offering a versatile space for enthusiasts of both sports, a large open
field grassy area suitable for various outdoor activities, and a baseball field for both casual and
competitive play. Additionally, the park boasts four sand volleyball courts that are lighted,
allowing for evening games and activities.
For those who prefer a more relaxed pace, Anchorage Park offers several picnic areas for
leisurely outdoor meals. Nine gazebos are scattered throughout the park, providing shaded spots
for rest and relaxation. Furthermore, the park caters to fishing enthusiasts with its two fishing piers,
where locals and visitors alike can enjoy a peaceful day of fishing.
The park also includes a walking/jogging trail for those who enjoy outdoor exercise. This
trail offers a scenic route for walkers, joggers, and runners to stay active while enjoying the natural
beauty of the area. Convenient restrooms are available throughout the park, ensuring comfort for
all visitors.
For boating enthusiasts, Anchorage Park is particularly appealing. It features a dry storage
area, wet slips, a boat wash, and a boat ramp, making it an ideal location for boat owners and those
who enjoy water activities. These facilities provide essential services for the maintenance and
enjoyment of boating in the beautiful waters surrounding the Village of North Palm Beach.
B. COMPANY STRUCTURE
The proposer will include in the proposal the legal form of their business organization, the
state in which incorporated (if a corporation), the types of business ventures in which the
organization is involved, the office location that will be the point of contact during the term of any
resulting contract, and a chart of the organization structure, including the reporting relationships,
Page7
as they relate to th is RF P .
C. EXPERIENCE:
The successful proposer shall have a minimum of three (3) years of vending, concessions,
restaurant, or store management experience and supervision.
D. REFERENCES:
List references and prior experience; preferably with other municipalities or local
governments, in the last 3-5-year period; work or services of the same type and size to the project
being proposed. (List municipality/company names, addresses, contact person(s), telephone
numbers, date of project completion and contract amount.)
E. TERM OF CONTRACT:
The initial term of this contract shall be for an initial three (3) year period, with an option to
renew for two (2) additional one (1) year terms for a cumulative total of five (5) years, using the
same terms, conditions, and pricing of the original agreements, unless earlier terminated in
accordance with Section 7 of Standard Village Contract. Any variation to the terms and conditions
set forth herein shall be in writing and meet all applicable requirements as set forth in the RFP,
including, but not limited to, the Proposal Form and the Specifications.
F. AWARD:
Award of this contract shall be to the proposer who best meets the terms and conditions of
the RFP, emphasizing a commission stmcture that offers the Village the best balance oflow cost and
high value. Consideration of award shall be based on the information submitted, including the
proposer's past performance and client references. Each proposer is required to ensure its bid
proposal is comprehensive, includes all requested information in the RFP, and represents its best
offer. Proposers are strongly encouraged to visit and inspect the Anchorage Park Marina for a detailed
evaluation of the site before submitting their bids.
G. LICENSE:
The Village shall grant to the successful proposer the non-exclusive right to provide vending
machine services as contemplated herein. The successful proposer shall be responsible for the
payment of a monthly licensing fee to the Village.
H. PRICING:
As part of this RFP, the proposer shall submit a proposed list of items that will be sold in the
vending machines with each respective item's proposed pricing. The proposed pricing shall remain
fixed for the initial three-year tenn of the contract. Any request for price adjustments for the
subsequent one-year renewal periods must be submitted to the Leisure Services Director at least sixty
60) days prior to each renewal period. These requests will be reviewed and considered on an annual
basis, aligned with the contract's anniversary. Justification is required for any proposed price
changes, and adjustments, if approved, will only take effect at the start of each renewal year.
Page 8
I. RE F UND P O L IC Y :
The Village requires that each proposer submit its refund policy in writing. Ideally, the
awarded contractor will have a refund website/email address and/or or phone number posted on the
machines, where patrons can request a refund rather than contacting Village staff. The machine must
be labeled, identifying the appropriate point of contact for refunds. Label must include location of
the refund office. Proposer shall respond to refund requests within 24-48 hours.
J. TECHNICAL REQUIREMENTS:
Ice shall be manufactured, processed, and packaged using methods that preclude
contamination of the ice.
Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust,
dirt, insects, and extraneous material.
Only potable water from an approved source shall be used to manufacture ice intended for
human consumption.
The installation and operation of the ice vending machine shall meet all applicable outdoor
building, plumbing, electrical, and safety code requirements.
The surface beneath the ice vending machine must be smooth, nonabsorbent, simple to clean,
and maintained in a clean, vermin-free state.
The ice vending machine must have good drainage to stop water from pooling inside or
around it.
A proper system for disposing of wastewater and cleaning chemicals must be in place. This
includes water from cleaning the machine and its base, sanitizing the ice bin, and handwashing. All
wastewater must be to a Village-approved disposal system.
The ice machine shall include an RP backflow prevention device on the supply side of the
unit water filter, as required by law.
Surfaces of the ice machine that touch ice or water for making ice must be smooth,
nonabsorbent, safe, long-lasting, and easy to clean. They should be made from materials that do not
rust, be free from non-food grade lubricants, gears, bearings, and welds, and be able to handle
frequent washing and sanitizing. These surfaces must also meet the 2022 U.S. FDA Food Code
standards for parts like delivery tubes and chutes used in dispensing ice.
Surfaces of the ice machine that are not intended to come in contact with ice or water shall
be constructed of corrosion-resistant, nonabsorbent, easily cleanable, and smooth material, suitable
for the outdoor environment.
Once each calendar quarter, microbiological analysis shall be conducted on the ice product,
with proof of negative results provided as required. Proposer shall maintain records of such analyses
and make the records available to the Village when received and upon request.
Page9
K. EQUIPMENT REQUIREMENTS- VENDING
Proposer shall be solely responsible for furnishing, installing, stocking, securing, servicing,
and maintaining commercial-grade, automatic ice vending machines, at no cost to the Village. This
equipment, which must be new at the time of installation and maintained in 'like-new' condition
throughout the duration of the initial contract or any renewals, shall remain the sole property and
responsibility of the proposer. The Village shall have the final say on the suitability of all equipment.
All vending machines shall be capable of accepting coins and bills and must support cashless vending
options such as debit and credit card readers. These services will be located in designated, unattended
outdoor areas of Anchorage Park, as mutually agreed upon by both the Village and the proposer. The
proposer is responsible for ensuring these machines are operational and accessible 24 hours a day,
365 days a year.
Each proposer shall include a list indicating the type and model proposed and illustrated
brochures with his/her proposal. The Village reserves the right to negotiate and approve the
type/model of equipment to be installed.
The vending machines provided must be of adequate size and capacity to maintain full and
uninterrupted service.
All electrically operated vending machines furnished hereunder shall be equipped to provide
thermal overload protection. In addition, all machines furnished hereunder shall be equipped with all
necessary safety devices which shall be maintained in an operating condition at all times.
The Village shall not be responsible for any damage, theft or disappearance or for break-in,
burglary, or power failure due to hurricane, electrical storm, or any act of God. The Proposer shall
be responsible for all slugs ( counterfeit monies) and cash shortages.
Decals in a form acceptable to Village shall be affixed to all equipment providing refund,
service request, unit number and comment information.
All instances of damage, theft and/or vandalism shall be reported to the Village Police
Department or alternate designee within 24 hours of the incident.
The successful proposer must initiate a preventative maintenance program to mmirmze
breakdown. Machines will be maintained on a regular schedule for painting and refurbishing as
proposer deems necessary or sooner if requested by the Village representative.
The vending machines as described are to remain the sole property of the proposer, and the
proposer shall be financially responsible for obtaining and properly displaying all required insurance
permits, licenses, and bonding to comply with pertinent health, local board, regulations, and
municipal, state, and federal laws. Further, the proposer shall assume liability for all applicable taxes,
including but not restricted to sales, property, and beverages. The Village shall not be responsible for
paying fees, taxes or other charges of any kind outside the scope of this contract.
Proposer shall be solely responsible to provide a copy of their respective business licenses as
required for the vending operations described herein. Copies of any required licenses shall be
provided to Village annually.
Page 10
Equipm ent shall be new and in superb condition . The V illage retain s th e right to refu se any
p i e c e o f e q u ip m e n t fo r a n y reason . In stalled equipm ent m ust be of an energy efficient design , have
in d u s try s ta n d a r d s a fe ty fe a tu r e s , a p o s itiv e v e n d s e n s o r a n d b e UL lis te d .
P ro p o s e r s h a ll c oo r d in a te w ith th e V ill a g e to a p p ro p r ia te ly s c h ed u le th e in s ta ll atio n o f
e q u ip m e n t to a c c o mm o d a te th e p a rk s c h e d u le a n d a n y tra n s itio n a l re qu ir e m e n ts . In s ta llation of the
un it m u s t b e p e r m a n u fa c tu r e r s ta n d a r d s a nd in a c c o r d a n c e w ith th e F lo rid a B u ild in g C o d e (F B C ).
P ro p o s e r is r e s p o n s ib le to o b ta in a ll a p p lic a b le p e rm its (th e V ill a g e w ill n o t w a iv e a n y fe e s ) a n d
p ro v i d e a cl ea n b a c te r ia l r e p o rt to th e V ill a g e fo r r e v ie w a n d a c c e p ta n c e p r io r to sta rt in g o p e ra tio n
o f t h e s e rv ic e .
P ro p o s e r s h a ll b e a r a ll r e s p o n s ib ilitie s fo r a ny im p ro v e m e nts re qu ir e d to fa c il ita te th e
in s t a ll a t i o n o f v e n d in g m a c h in e s . T h is e n c o m p a s s e s a ll e x p e n s e s r e la te d to th e in s ta ll a tio n , o p e ra tio n ,
r e p a ir , a n d o n g o in g m a in te n a n c e o f th e Ic e V e n d in g M a c h in e s . T h e P ro p o s e r m a y b e re qu ired to
r e im b u r s e th e V ill a g e fo r e s t im a te d e le c tr ic a l a n d w a te r u s a g e c h a r ges . The V ill age is not responsible
fo r a n y p ro du c t lo s s o r da m a g e d u e to any pow er outage , regardless of the cause .
Pro poser shall be solely responsible fo r th e im m ediate rem oval fr om the Park prem ises of any
debris , packaging cart ons , etc ., resulting fr om the initial installation pro cess as w ell as fr om
subsequent repair /replacem ent pro cesses of installed equipm ent. Pro poser shall also be responsible
fo r pre -cl eaning , as necessary , any areas design ated fo r installation .
L. SERVICE REQUIREMENTS:
The machine should be pulled out and cleaned behind and under at least two times per year.
All services and equipment must comply with the regulations of the Health Department
and/or such other governmental agencies having authority in this area.
The proposer must conduct its machine operations in an orderly manner so as not to disturb,
annoy, or be offensive to park users.
Proposer will ensure that no condition constituting a nuisance or hazard to public health or
safety will at any time exist with respect to any of its equipment or products. Proposer's operation
must be maintained as to provide an aesthetically pleasing appearance and shall not be detrimental
to the immediate surroundings.
Proposer will be mindful of litter associated with the Ice Vending Machines and make a
conscious effort to keep consumables, such as plastic bags and twist ties contained. Proposer will
work with Village staff to monitor and prevent excessive litter.
Proposer must check for expired or deficient product each visit. If expired or deficient product
is found, it must be removed and documented.
Proposer shall clean/sanitize and maintain installed equipment, changers, vending card
readers and related components in good working order and shall be solely responsible for the expert
maintenance and repair of equipment.
Page 11
Pro poser should pro vide a com prehensive schedule of preventative m aintenance to be
fo ll ow ed duri ng th e tenn of an aw arded agr eem ent by w hi ch m echanical disru ptions to vending
e ffi c ie n c y shall be kept to a m inim um .
P ro p o s e r w ill e n s ur e , at its ow n expense , that the Ic e V endin g M achines are re pair ed
pro m ptl y , re fu rbished regu larl y , and m aintained in good condition and w ith the sam e appeara nce as
a t t h e tim e o f ini t ia l ap p ro v a l b y th e V ill age . Pro poser ackn ow ledges th at, in addition to norm al w ear
a n d t e a r , its Ic e V e n d in g M a c h in e s w ill b e e xposed to extrem e enviromnental conditions . Pro poser
assum es all risks and expenses associated w ith m ain tain ing its vendin g m achines as required .
Pro poser shall rem ove and replace equipm ent that experiences repeat pro blem s to ensur e th e
hi g h e s t p o s s ible custom er satisfa ction .
Pro poser is required to pro vide , at no additional cost to the V ill age , fr ee ice fo r design ated
V ill age recreation events . These events incl ude , but are not lim ited to , A rbor D ay , H ot Cars & Chili,
M ovie in the Park , B eats & E ats , G ara ge Sale , Easter Egg H unts , Art Show , Earth D ay , Tri via N ight,
A nchora ge A w eigh Fishing T ourn am ent, Touch -A -T ru ck , H allow een Festival, and sim ilar
comm unity events . This requirem ent underscores the pro poser 's com m itm ent to comm unity
engagem ent and support .
M. MANAGEMENT REQUIREMENTS:
It is expected that the successful proposer will have a route supervisor or marketing
representative conduct on site visits/inspections at least monthly for quality assurance purposes. It is
required that the successful proposer designate a management representative to be the Village/Park
point of contact with the company. This representative is also expected to schedule a bi-annual visit
with the Village to review performance and goals.
Proposer shall provide adequate and expert managerial and administrative supervision and
oversight of its machine and its operation.
Proposer shall not subcontract, in whole or in part, any services or rights granted under this
agreement without the written consent of the Village.
Employees of the proposer shall abide by applicable Village policies and procedures while
on Village property.
Any addition, substitution, removal or relocation of the ice vending machine or any peripheral
equipment shall not be undertaken by proposer without prior written approval of the Village.
Proposer shall bear any and all losses sustained due to the theft of monies, products and/or
damage to its equipment while housed at the Village Marina.
Proposer will be responsible for all damage to Village property caused by the proposer, its
employees, or its agents. Any such damage shall be promptly corrected at the expense of the
proposer.
Page 12
Pro poser shall not use the nam e or any logos of the V illage in conn ection w ith any activities
n o t c o v e r e d b y th is RF P , or in any m arketing or pro m otional activity , w ith out the prior w ritten
consent of the V ill age .
Pro poser m ust re ceive appro val fr om the V ill age fo r any plans involvin g m odifi cations ,
p h y s ic a l im p ro v e m e n ts , s ign a g e , o r a dd itio n a l fi xtur es in th e vending area befo re these changes are
im plem ented .
A dvert isin g sign s shall not be displayed except fo r identification sign s appro ved by the
V ill age fo r size , w ording , and num ber in accordance w ith th e applicable V ill age O rdinances , unless
expressly perm itted in w ritin g by th e V illage . N o inflatable /electric sign s are to be used .
Pro poser shall not be perm itted to use the ice vending area fo r any purp ose other than th e
sell ing of ice , and th e pro poser shall conduct business as to render a serv ice to the public in a dignified
m anner w ith no pressure , coercion , persuasion , or haw king done by the pro poser in an attem pt to
in fl u e n c e t h e p u b li c to pur chase their pro ducts .
Pro poser shall assum e all risks incident to or in connection w ith the use and serv ice to be
c o n d u c te d h e r e u n d e r a n d s h a ll s o le ly b e r e s p on s ib le fo r a ll a c c id e n ts o r injuries of w hatsoever natu re
to th e p e r s o n o r p ro p e rt y c a u s e d b y its opera tion of the concession pro vided herein . Pro poser hereby
agr ees to indem nify , defe nd , and save harm less th e V ill age and its respective agents , officials ,
e m p l o y e e s , a n d r e p r e s e ntatives fr om any and all cl aim s of liability fo r dam ages by or in connection
w it h a n y a c tiv itie s c o n d u cted pur suant to this A gr eem ent. V illage assum es no responsibility
w h at s o e v e r fo r a n y p ro p e rt y lo c ate d o n th e p r e m is e s an d V ill a g e is h e re b y e x p r e s s ly re li v e d a n d
d is c h a r g e d fr o m a n y a n d a ll liab ili ty fo r a n y lo ss , injur y or dam age to persons or pro perty th at m ay
be sustained by any reason of the occupancy under this A gr eem ent.
Pro poser , in accordance w ith the tenns of the licensing agr eem ent w ith the V ill age , hereby
a c kn o w l e dg e s a n d a gr e e s th a t th e y s h a ll n o t b e c o n s id e r e d , n o r a c t a s , an a gent of the V illage in any
c ap a c it y . T h e V ill a g e is n o t r e s p o n s ib le fo r th e c o ll e c tio n o f a n y m o n e y s o w e d to th e p ro p o s e r .
2. RFP SUBMITTAL SCORING:
Proposals will be evaluated in accordance with weighted criteria listed below:
Evaluation Criteria - Scoring Guide Points Range
Firm Qualifications. Management, Supervisory and Staff 0-20
Experience.
Project Approach to the Technical Requirements, 0-40
Equipment Requirements, Service Requirements, and
Management Requirements as Outlined in the Scope of
Work.
Price Proposal. Cost/Pricing for Goods and Services. O- 30
Refund Policy. Proposed monthly License fee to Village.
Other Proposed Incentives that Proposer is willing to
offer to Village.
References 0-5
Local Preference 0-5
Page 13
T otal M axim um Points 1100
All complete proposals received will be reviewed by an evaluation committee of members of
Village Staff. The criteria will guide the committee during the short-listing and final ranking of
Proposers by establishing a general framework for those deliberations.
Shortlisted proposals will be selected for an interview prior to a recommendation being
presented to the Village Council. The Successful Proposer shall be required to execute a Village
contract covering the scope of services to be provided and setting forth the duties, rights, and
responsibilities of the parties. The successful Proposer prior to recommendation of award and
presentation to the Village Council must execute this contract.
See below for additional detail concerning the Evaluation Criteria.
A. Firm Qualifications (Points Range O - 20)
This section of the proposal should outline key details about the firm, including its size, range
of activities, and types of business ventures. It should also detail the firm's legal structure and,
for corporations, the state of incorporation. The main office location for contact during the
contract and an organizational chart, highlighting relevant reporting relationships for this
RFP, should be included as well.
This section must also identify the contact person who will work on the project. Resumes of
each person should be provided with emphasis being given to their experience with similar
work. If resumes are not available at the time the proposal is submitted, you should provide
a listing of the qualifications, including education, experience, etc., that will be required.
Qualified Proposers shall have a minimum of three (3) years of experience in vending,
concessions, restaurant, or store management and must detail this experience in their
proposal, also explaining how their past work and expertise will specifically contribute to the
success of this project.
B. Project Approach (Points Range 0-40)
Proposers shall include a detailed explanation of their approach and strategies for meeting all
technical, equipment, service, and management requirements as specified in the scope of
work, pages 8-13. This includes providing a clear acknowledgment of the requirement to
provide, at no additional cost to the Village, free ice for special events.
This section shall also outline the type and model of ice vending machine proposed and
include specs with illustrated brochures.
Include an implementation schedule with a final report delivery date and note key project
milestones and timelines for deliverables.
Identify any assumptions used in developing the schedule.
Include a statement indicating ability to begin work with minimum notice. Proposer may also
Page 14
pro pose procedura l or techni cal enh ancem ents /inn ovations to the Scope of Serv ices , w hi ch
do not m aterially deviate fr om th e objectives or required content of the scope of serv ices .
C. Price Proposal (Points Range O - 30)
Proposers shall submit a list of vending items with fixed proposed pricing for the initial three-
year contract term.
Proposers shall provide a copy of their written refund policy.
Proposers shall submit a detailed proposal for the monthly license fee to be paid to the Village
for the duration of the contract. This proposal should include a justification for the fee
amount, considering the value offered to the Village and its residents.
Proposers are encouraged to include any additional incentives or benefits they are willing to
offer to the Village. These could include, but are not limited to, participation and/or
sponsorships of Village recreation events, contributions to Village-led projects, or initiatives
focused on environmental sustainability in park areas. Details of such incentives should be
clearly outlined, demonstrating the proposer's commitment to adding value to the Village
community beyond the basic contract requirements.
D. References (Points Range O - 5)
The proposer shall submit a list of references and previous experiences, preferably with
projects for municipalities or similar clients in the past 3-5 years. These references should
match the type and size of the proposed project. For each reference, include the
organization's name and address, contact person's name and phone number, completion date
of the project, and the contract value.
E. Local Preference ( 5 Points)
The Village shall grant a preference in the amount of five (5) points to proposers who have a
fixed office or distribution point located in and having a street address within Palm Beach
County.
Tentative RFP Schedule (subject to change at the discretion o/the Village):
March 2 7, 2024
April 23, 2024
Early May, 2024
End of May 2024
June,2024
Public Advertisement of RFP
Proposals due by 3:00 PM
Evaluation Committee Review of Proposals (Step 1)
Evaluation Committee Interviews (Step 2)
Contract Recommendation to Council (Step 3)
Page 15
RF P EXH IBIT "C "
VENDIN G SERVICES PR OPOSAL FORM
Name of Proposer: D(V:) F\ \ \ l'Y) Dr e ..
Company Name: H M 'Ç Com n,g_rc.~ 7 L L (_
Contact Information:St.e, ¡ .. ~ 0 3 • ~ 7 ~ l F\ \\. h]u re.,· Le.. G1~~a..._; I. e» IY)
A. Price Proposal
1. Vending Items Pricing
Please list vending items with fixed proposed pricingfor the initial three-year contract term.
ITEM NO. ITEM DESCRIPTION
1. 'f; 1-h r-t, d Ice
2. F, 1-:k? r-€.d Loa...,-t--L r
3.
PROPOSED PRICE PER ITEM FOR THE INITIAL 3-YEAR TERM
t l--l,t;;t, pe.,r- ~• '.p ,,-Oty¡D prie.ir'\'\ "f>e_r;i;:d /c_J ~
ç 4: p~r- C\aJ \o t""'\
2. Refund Policy
Please attach a copy ofyour written refund policy or write it here legibly.
ßus, ()f_~S C Ot)~L-+ I r"')~r~ç;,..ij Db, p?S-k...d Ôh h-'>~c,,h ~ne..
o~P:Y~ f?g' ~1-T rnC:~b í J;H ±o
3. Monthly License Fee Proposal
Please provide a detailed proposal for the monthly license fee on the lines below, including a
justification for the.fee amount considering the value offered to the Village and its residents.
DESCRIPTION
Proposed Monthly Fee to be Paid to the Village
MONTHLY LICENSE FEE
l\ 0. Dl>
Exhibit "C" Page 1
4 . A dditional Incentives or Benefits
Proposers are encouraged to offer additional incentives or benefits to the Village. These could
include participation or sponsorships of Village recreation events, contributions to Village-led
projects, or environmental sustainability initiatives in park areas.
Please detail any additional incentives or benefits on the lines below, demonstrating your
commitment to adding value to the Village community.
DESCRIPTION OF INCENTIVE/BENEFIT AND DETAILED EXPLANATION
Exhibit "C" Page 2
RF P E XH I B I T " F "
CONFIRM ATION OF DRUG -FRE E WORKP LACE
In accordance with Section 287 .087, Florida Statutes, whenever two or more Proposals
are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. In order to have a drug-free workplace program , a
business shall:
1) Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violation of such
prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual
services that are under proposal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under proposal, the
employee will abide by the tenns of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five ( 5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community by, any
employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
i1f115Iè entation of this section.
erson aut orized to sign this ~tatement.on-.he.hª1f of_ ~ ~ ~ Co r"'ri ~ r l..£, LL L, that._-
l--L...!~-'----.l...JQ.D°.\f'!:!E;..L :=:s.+-=-ºmplies fully with the above requirements, i/
v¡ Authorized
R(resentative's Sign ature ø~,
4 \ ~ \~or~ Date
Name:
Position: Exhibit "
F" Page 1
RF P EXH IBIT "G"
STAN DARD VI LLAGE CONTRA CT
This Contract is made as of the day of ___, 2024, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and ,
an individual or corporation authorized to do business in the State of Florida, hereinafter referred
to as the VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed
that the VENDOR shall provide to the VILLAGE all goods and services necessary to provide Ice
Vending Machine Services pursuant to the tenns and conditions of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Ice Vending Machine Services in accordance with the Request for
Proposals issued by the Village, and VENDOR's Proposal submitted in response to the Request for
Proposals, which are incorporated herein by reference.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective and shall remain in effect for
a period of three (3) years, unless earlier terminated in accordance with Section 7. This Contract shall
automatically renew for two (2) additional one (1) year periods upon the same terms and conditions
contained herein unless either party provides the other party with ninety (90) days' written notice of
its intent not to renew prior to the expiration of the initial term or renewal term. Any variation to the
terms and conditions set forth herein shall be in writing and signed by both parties.
B. The VENDOR shall not be entitled to an increase in the agreed to compensation resulting
from this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect,
consequential, impact or other costs, expenses, or damages. VENDOR may request an increase in
pricing during the renewal terms as set forth in the RFP.
SECTION 3: VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE' s representative shall be Zakariya
Sherman, Director of Leisure Services. The Village Manager or Village Representative shall have
the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the
work being performed thereunder and the premises in which it is being performed.
SECTION 4: LICENSING FEE.
VENDOR agrees to pay to the VILLAGE a monthly license fee in the amount of _
and provide other benefits to the VILLAGE as set forth in the RFP and VENDOR's Proposal.
Payments shall be due in advance of each month and shall include all applicable taxes.
SECTION 5: INDEMNIFICATION.
A. The VENDOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and/or cause of
Exhibit "G" Page 1
action which may arise from any negligent act or omission of the VENDOR, its agents, servants or
employees in the performance of services under this Contract.
B. The VEND OR further agrees to indemnify, save harmless and defend the VILLAGE, its
agents, servants and employees from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR its agents,
servants, or employees not included in the paragraph above and for which the VILLAGE, its agents,
servants or employees are alleged to be liable.
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 VENDOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida
Statutes.
SECTION 6: PERSONNEL.
A. The VENDOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the VENDOR or under
its supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
C. All of the VENDOR's personnel (and all sub-contractors OR sub-consultants) while on
VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and
security.
SECTION 7: TERM INATION.
This Contract may be cancelled by the VENDOR upon thirty (30) days prior written notice to
the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of the VENDOR. It may also be
terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice
to the VENDOR. The VILLAGE may also terminate this Contract with written notice of cause to
the VENDOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE's
notice.
SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased
directly by the VILLAGE, the VENDOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the
VENDOR authorized to use the VILLAGE's Tax Exemption Number in securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the VENDOR shall provide certificates evidencing
insurance coverage as required in the Request for Proposals. All insurance policies shall be issued
by companies authorized to do business under the laws of the State of Florida. The Certificates
shall clearly indicate that the VENDOR has obtained insurance of the type, amount, and
Exhibit "G" Page 2
classification as required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the
VILLAGE's representative. Failure to comply with the foregoing requirements shall not relieve
the VENDOR of its liability and obligations under this Contract.
B. The parties to this Contract shall carry Workers' Compensation Insurance and
Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that
a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then
such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an
exemption authorized by the Department of Insurance and shall provide a copy of such exemption
to the VILLAGE.
C. All insurance, other than Worker's Compensation, to be maintained by the VENDOR
shall specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and the VENDOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the VENDOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of the VILLAGE
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the VILLAGE and the VENDOR.
SECTION 11: DISPUTE RESOLUTION. LAW, VENUE AND REMEDIES.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise
by any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof. The VILLAGE and the VENDOR knowingly, voluntarily, and intentionally
waive any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
The VENDOR is, and shall be, in the performance of all Services under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLA?E. All pe~sons
engaged in any of the Services performed pursuant to this Contract shall at all times, and m all
places, be subject to the VENDOR'S sole direction, supervision, and control. The VENDOR ~hall
exercise control over the means and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
The VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred
Exhibit "G" Page 3
in estimating and performing the Services for at least three (3) years after completion 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 the VENDOR's
place of business. In no circumstances will VENDOR be required to disclose any confidential or
proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
The VENDOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status or sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which such party or parties
may be entitled.
SECTION 16: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application
of such tenns 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.
SECTION 17: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals or replies on leases of real property to a public
entity; may not be awarded or perform work as a VENDOR, supplier, sub- VENDOR or VENDOR
under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY
TWO for a period of thirty-six (36) months following the date of being placed on the convicted
vendor list. The VENDOR will advise the VILLAGE immediately if it becomes aware of any
violation of this statute.
SECTION 18: PROTECTION OF WORK AND PROPERTY.
A. The VENDOR shall continuously maintain adequate protection of all work from damage,
and shall protect the VILLAGE's property from injury or loss arising in connectio? with the
Contract. Except for any such damage, injury or loss, except that which may be directly due
to errors caused by the VILLAGE or employees of the VILLAGE, the VENDOR shall provide
Exhibit "G" Page 4
any necessary materials to maintain such protection.
B. The VENDOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
SECTION 19: COMPLIANCE WITH LA WS.
VE NDOR shall, in performing the services contemplated by this Contract, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to the
services to be rendered under this Contract.
SECTION 20: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
t1f'.-"rn Ú;, ~ ~rC-e L LC
3,{ç Ca.~ltt,Q;od br ~ ;).D7
N PßJ f-L 33Y~ J
SECTION 21: ENTIRE TY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR 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. In the
event of a conflict between this Contract and the VILLAGE's Request for Qualifications and the
VENDOR's proposal, this Contract shall take precedence with the VILLAGE's Request for
Qualifications taking precedence over the VENDOR's proposal. All such documents shall be read
in a manner so as to avoid a conflict.
SECTION 22: W AIYER.
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.
SECTION 23: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
Exhibit "G" Page 5
SEC TION 24 : SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 25: WAIVER OF SUBROGATION.
VENDOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then VENDOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the
policy specifically prohibits such an endorsement, or voids coverage should VENDOR enter into
such an agreement on a pre-loss basis.
SECTION 26: INSPECTOR GENERAL.
VENDOR 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 VENDOR. VENDOR understands
and agrees that in addition to all other remedies and consequences provided by law, the failure of
VENDOR to fully cooperate with the Inspector General when requested may be deemed by the
VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 27: ADDITIONAL SERVICES;
If during the contractual period covered by the agreement, additional services are needed, VENDOR
may, at the option of the Village Council, be engaged to perform these services under the terms of
the contract.
SECTION 28: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO VENDOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE VILLAGE'S
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, V?NDOR shall co~ply with all relevant provísi~ns of
Chapter 119, Florida Statutes. As required by Section 119.0701, Flonda Statutes, VENDOR shall.
l.
2.
Keep and maintain public records required by the VILLAGE to perform the service.
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
Exhibit "G" Page 6
tim e at a cost that does not exceed the cost pro vided in Chapter 11 9 , Florida Statutes , or as
otherw ise pro vided by law .
3 . Ensur e th at public records th at are exempt or confidential and exempt from public records
discl osur e requirem ents ar e not discl osed except as auth oriz ed by law fo r th e duration of the
C ontr act term an d fo llow in g com pletion of the Contra ct if th e VE ND O R does not tr ans fe r the
r e c o rd s to th e V IL L A G E .
4 . U p o n c o m p le tio n o f the C ontract, transfe r , at no cost, to the VIL LA G E all public records in
possession of VE N D O R or keep and m aintain public records required by the V IL LA G E to
perfo rm the serv ices . If VE ND O R tr ansfe rs all public re cords to the V IL LA G E upon com pletion
of the C ontr act, VE N D O R shall destroy any duplicate public records th at are exempt or
confi dential and exempt fr om public records disclosur e requirem ents . If VE ND O R keeps an d
m aintains public records upon com pletion of th e Contract, VE N D O R shall m eet all applicable
requirem ents fo r retaining public re cords . A ll records stored electr onically m ust be pro vided to
th e VIL L A G E , up o n r e q u e s t fr o m th e VIL LA G E 's c u s to d ian o f p ub li c re c o rd s , in a fo rm at that
is c o m p atib le w ith th e in fo rm a tio n te c hn o lo g y sy s te m s o f th e VIL L A G E .
SECTION 29. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for VENDOR, to solicit or secure this Contract and that
VENDOR has not paid, or agreed to pay, any person, company, corporation, individual or firm,
other than a bona fide employee working solely for VENDOR, any fee, commission, percentage, gift
or other consideration contingent upon, or resulting from, aware or making of the Contract. For the
breach or violation of this provision, the VILLAGE shall have the right to terminate this Contract
and its sole discretion, without liability, and to deduct from the Contract price, or otherwise recover,
the full amount of such fee, commission, percentage, fit or consideration.
SECTION 30. E-VERIFY.
VENDOR warrants and represents that VENDOR and all subcontractors are in compliance with
Section 448.095, Florida Statutes, as may be amended. VENDOR 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 unauthorized aliens. If the
VILLAGE has a good faith belief that VENDOR has knowingly violated Section 448.09(1), Florida
Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes,
as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly
violated Section 448.09(1 ), Florida Statutes, but VENDOR has otherwise complied, it shall notify
VENDOR, and VENDOR shall immediately terminate its contract with the subcontractor.
Exhibit "G" Page 7
IN W IT N E S S W HE RE O F , th e V ILLA G E and V EN D O R hereto have m ade and executed thi s
C ontra ct as of the day and year first above w ri tten .
VENDOR
By: _
Print Name: _
Position: ------~-----
VILLAGE OF NORTH PALM BEACH
BY: ------------
SUSAN BICKEL, MAYOR
ATTEST:
BY: _
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: -------------
VILLAGE ATTORNEY
Exhibit "G" Page 8
GROUND /SP ACE LEASE AGRE EMENT
This LEASE AGREEMENT is made and entered into this Ist day of JUNE, 2024, by and
between the Village of North Palm Beach (the Lessor), and HMF Commerce, LLC (the Lessee).
WI TN E S S T HA T:
1. The Lessor In consideration of the covenants and conditions hereinafter made and to be
performed, and subject to the terms and conditions set forth below, does hereby lease for the
term hereafter stated, the land/space located at: Boat dock area 603 Anchorage Dr. Anchorage
Park, North Palm Beach, FL 33408
2. Initial Term The initial term of this Agreement shall be for a period of 5 years which shall
begin in of June, 2024, conditioned upon the Lessee obtaining all governmental approvals
required for the planned use of the Premises, and shall continue until June, 2028, unless
terminated sooner according to the following provisions, or extended into a subsequent lease
period.
3. Rent During this lease term, the Lessee shall pay the Lessor as rental for the Premises, an
annual rental rate of $1320.00, which shall be payable in twelve equal monthly installments of
110.00 each. All Rent shall be due on or before the fifth day of each month during the lease
term which will include water and 30 Amp electric supplied by Lessor.
Space will be a 20 square foot pad of concrete or an asphalt pad with all electrical and water
connections to the machine the responsibility by Lessee.
If the term of this lease commences or ends on other than the first or last day of a
calendar month, the rent for the partial month shall be prorated on the basis of the
monthly rental and shall be payable with the first full month of rent.
4. Payments All rent payments shall be in lawful money of the United States of America and
shall be paid by Lessor by mailing it to the "address for notice" set forth herein, or at such other
place as the Lessor may designate in writing.
5. Land and Improvements Unless otherwise specified in this Agreement, the Lessee shall
make all repairs, both structural and nonstructural, that are required to keep the Premises and all
improvements thereon in good and usable condition and state of repair.
a) Use and Operation The Premises may be used only for installation, operation and
maintenance of retail, consumer operated, automated ice and filtered water production, storage
and dispensing machinery, and for no other purpose.
b) Lessee's Covenant of Care Lessee, during the lease Term, shall conform and comply
with all federal, state, and local laws governing the use thereof. Lessee shall not
permit or allow the Premises to be damaged or depreciated in value by any act of
14849-9920-l 793. l
iii ) The execution, delivery and performance by Lessee of this Agreement has been
duly authorized by all necessary corporate action, and does not contravene Lessee's
operating agreement or cause Lessee to be in conflict with or in default or breach of
any terms or agreements or other instruments of which it has knowledge, and
iv) The Agreement constitutes the legal, valid and binding obligations of the Lessee
enforceable against it in accordance with its terms.
20. Marketing The Village will allow 2 wind flags at the entrance of the park, and two by the
boat ramp area. Additionally, there will be four (4) lawn signs in the park area for the first 45
days to promote the Fill-more Fresh Ice and Filtered Water machine. Identical marketing will be
used when there are special events or holiday weekends along with a monthly mention in the
town's newsletter to promote community awareness of Fill-More Fresh Ice and Filtered Water.
21. Accommodations Upon written request, events held by the village's First Responders
Police, Fire Fighters, First Aid), will receive a Fill-More Ice and Filtered Water gift card for
their event.
IN WITNESS WHEREOF, we have hereunto signed this lease effective the day and year first
above written.
SIGNATURES FOLLOW ON THE IMMEDIATELY SUCCEEDING PAGES
LESSEE :
HMF Commerce, LLC:
By: _
Daniel Fillmore , Owner
ACKNOWLEDGMENT
STATE OF ----------
COUNTY OF ---------
SS.
On the _ day of ., 20_, before me, a duly qualified and acting Notary
Public within and for the County and State aforesaid, personally appeared , who
acknowledged himself to be the Owner of _,, a(n) limited
liability company, and that he, being authorized so to do, executed the foregoing instrument for
the purposes and consideration therein contained, by signing the name of the company by himself
as such owner.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
EVERES
ICE AND WATER SYSTEMS
MACHINE AND SITE REQ R ME
AND CONSIDERATIONS
TS
The sides and rear machine panels are square to the frame so you can use the
plumb of the sides and rear for level. Do not use the front doors as your baseline
surface for leveling the machine.
PHYSICAL REQUIREMENTS
Sizes and Clearance - The site requires a minimum amount of total space as detailed
in Figure 11 and Figure 12 below.
To allow for proper airflow and ventilation a minimum of 24 inches is required on the
left and right sides of the machine.
To allow for electrical and water connections a minimum of six (6) inches is required
on the back of the machine.
u To follow NAMA (National Association of Automatic Merchandising) regulations there
need to be six (6) inches of clearance under the machine.
I
93.5"
11111 =
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24" -·
r 2"
7 I
1....- 24'' ~
90.5"
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24'' ___...
111111
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Figure 11: Machine height (legs extended)
and side clearance
1~4 -- 95" ---~
Figure 12: Machine width and depth
Everest \ce and Water Systerns I I ( 407) 930-4437
everesticeandwater.corn
MACHl:N1E AN·D SIT'E 1R'EQU'l1R,EME.Nl'S A1N1D CO,NS-1.DE.RATl·ON
9
14--- 40"
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FOUNDATION OR
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Figure 14: Pad dimensions
REQUIRED UTILITY SERVICES
Electrical - Have a qualified electrician install electrical service. The machine
requires a 208-230 VAC, Single Phase, 60Hz, 30 Amp service. A 10-foot power
cord is supplied to connect to a 30 Amp breaker. The machine does not ship
with a plug. Follow and comply with all local electric codes.
Wamillïlg: Should your local code require the machine be connected to a GFCI
Breaker, use only a GFCI with select current sensor sensitivity of 200 mA, and
not < 0.1 second detection to avoid nuisance tripping. For more information on
this, please refer to the Automation Direct VFD Manual that was provided with
your machine. If that is not accessible, please reach out to Everest's service
department.
LastUpdate:03/
Everest Ice and Water Systerns I I ( 407) 930-4437
everest1ceandwater.com
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: June 13, 2024
SUBJECT: DISCUSSION/PRESENTATION – Discussion of Impact Fees Study
Background
Impact fees are one-time fees municipal and county governments and some special districts in Florida
may charge a developer to cover a portion of the anticipated cost of additional infrastructure and public
facilities needed to support a new development. The fees are charged to offset the “impact” of new
development on roads, parks, schools, and other critical infrastructure. The rationale for the imposition
of impact fees is that new development necessitates new or expanded infrastructure to accommodate
new residents. Without the fees, existing residents would in effect be subsidizing the costs of new
development.
In order to assess impact fees, a local government must adopt an ordinance that meets a series of
requirements identified in Section 163.31801, Florida Statutes (“Florida Impact Fee Act” or “Act”). The
Act defines infrastructure as “a fixed capital expenditure or fixed capital outlay, excluding the cost of
repairs or maintenance, associated with the construction, reconstruct ion, or improvement of public
facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement,
design, engineering, and permitting costs; and other related construction costs required to bring the
public facility into service.”
The Act also allows certain vehicles and associated equipment as needed for law enforcement,
emergency medical services and schools. Impact fees must meet the criteria of the dual rational nexus
test to be considered legal. This means that impact fees must have a reasonable connection (or rational
nexus) between:
1. The proposed new development and the need for additional capital facilities; and,
2. The expenditure of funds and the benefits accruing to the proposed new development.
In order to adopt Impact Fees, the Village must adopt an Impact Fee Study (“Study”) outlining the
“impacts” of new development upon the Village’s infrastructure, including Police, Fire Rescue, Waste
Management, Parks, and General Administration. The Village hired Marlin Engineering to draft this
Study. Attached is a letter and some issues that need to be discussed with the Village Council prior to
submission of the draft Impact Fee schedule.
Legal Review
None at this time since this is a request for direction.
Fiscal Impacts
N/A
Recommendation:
Village Administration seeks Village Council consideration, input, and guidance regarding content of the
proposed Impact Fee Study.
3363 Commercial Blvd, Suite 115, Fort Lauderdale, FL 33309 • 954.870.5070 • www.marlinengineering.com
Sent Via Email
June 3, 2024
Caryn Gardner-Young
Community Development Director
Village of North Palm Beach
420 US Hwy 1, Suite 21
North Palm Beach, FL 33408
RE: Village Impact Fee Study
Dear Ms. Gardner-Young:
Marlin Engineering has been working on the Village’s Impact Fee Study since the beginning of the year.
Work is nearing completion however, some issues should be discussed prior to submission of the draft
Impact Fee schedule.
Attached please find information on the following items for discussion at the June 13, 2024 Village Council
Meeting:
• Population, Housing and Land Use Characteristics
• Park and Recreation Impact Fee
• Library Impact Fee
• Public Safety Impact Fee
• Solid Waste Impact Fee; and,
• Governmental Services Impact Fee.
Please let me know if you have any questions or comments.
Best Regards,
Walter H. Keller, PE., AICP.
Project Manager and Chief Planner
WHK/US
Attachments
Marlin Engineering, Inc.
June 3, 2024
Discussion Issues Regarding the Village Impact Fee Study
Population, Housing and Land Use Characteristics
• 2020 U.S. Census and 2015. 2020 and 2022 U.S. Census American Community Survey
• Bureau of Economic Research (BEBR), University of Florida
• Palm Beach County Property Appraiser Tax File
• Suggest Using Weighted Population in lieu of, Resident Population for Fee Study
Park and Recreation Impact Fee
• 5 Neighborhood Parks (Anchorage, Anchorage Marina, Lakeside, Osborne & Veteran’s
Memorial)
• 2 Community Parks (Community Center and Country Club)
• Country Club includes Golf, Tennis, Swimming and Clubhouse
• Country Club in funded by a Village Enterprise Fund
• Propose not including Country Club in Fee Study due to the Enterprise Fund
• Clarify where the Parks and Recreation Staff are located
Library Impact Fee
• Need to Clarify the floor area size of the Village Library
• Need to Clarify the Level of Service for the Library (Size per Capita, Volumes per
Capita)
Public Safety Impact Fee (Police and Fire-Rescue)
• Clarify the Number of Cars used by Fire Rescue
Solid Waste Impact Fee
• Clarify the portion of the Public Works Complex Occupied by Solid Waste
Governmental Services Impact Fee
• Clarify if any other Village Services are located outside of Village Hall
Other Items
• Impact Fees are for Capital Improvement Items, not maintenance or operations
• Any Debt associated with any of the Impact Fees needs to be identified.