07-18-2024 VC SP-A with attachments
VILLAGE OF NORTH PALM BEACH
SPECIAL SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JULY 18, 2024
501 U.S. HIGHWAY 1 6:00 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
PLEDGE OF ALLEGIANCE
ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA
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.
Special Session Agenda, July 18, 2024 Page 2 of 4
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.
1. RESOLUTION – Accepting a proposal from All Pro Striping, Inc. for the striping of recently milled
and resurfaced roadways at a total cost of $31,752.49; and authorizing execution of the Contract.
2. RESOLUTION – Accepting a proposal from Atlantic Smart Technologies, Inc. for Audio-Visual
upgrades to the Library's Obert Room at a total cost of $25,665.86; and authorizing execution of the
Contract.
3. RESOLUTION – Approving Change Order No. 1 to the Grant Agreement with the Florida Department
of Environmental Protection for the Receipt of Grant Funds for preparation of a Vulnerability
Assessment; and authorizing execution of the Change Order.
4. RESOLUTION – Approving an increase of $10,000 in the Blanket Purchase Order issued to
Commercial Energy Specialists, Inc. for the purchase of pool chemicals utilized at the Country Club.
5. Receive for file Minutes of the Library Advisory Board meeting held on 5/28/24.
6. Receive for file Minutes of the Golf Advisory Board meeting held 6/10/24.
7. Receive for file Minutes of the Recreation Advisory Board meeting held 6/11/24.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
8. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2024-09 – CODE AMENDMENT –
COUNCIL COMPENSATION Consider a motion to adopt and enact on second reading Ordinance
2024-09 amending Division 1 "Generally," of Article II, "Council," of Chapter 2, "Administration," of
the Village Code or Ordinances by amending Section 2-16, "Compensation," to increase the
compensation for the Mayor and members of the Village Council.
9. 1ST READING OF ORDINANCE 2024-10 – CODE AMENDMENT – COUNCIL MEETINGS
CANCELLATION PROCEDURE AND ADJOURNMENT Consider a motion to adopt on first reading
Ordinance 2024-10 amending Division 1, "Generally," of Article II, "Council," of Chapter 2,
"Administration," of the Village Code of Ordinances by amending Section 2-17, "Regular Meetings -
When Held," to provide a procedure to cancel Regular Village Council Meetings and amending
Section 2-19, "Adjournment of All Meetings," to move up the mandatory adjournment time by one hour.
10. 1ST READING OF ORDINANCE 2024-11 – CODE AMENDMENT – PROHIBIT OVERNIGHT
PARKING IN SWALES Consider a motion to adopt on first reading Ordinance 2024-11 amending
Article III, "Stopping, Standing, and Parking," of Chapter 18, "Motor Vehicles and Traffic," of the
Village Code of Ordinances by amending Section 18-33, "Definitions," and Section 18-34, "Parking
Restricted," to regulate overnight parking in swales.
11. 1ST READING OF ORDINANCE 2024-12 – CODE AMENDMENT– LIVE ABOARD VESSELS
Consider a motion to adopt Ordinance 2024-12 amending Article I, "In General, of Chapter 5, "Boats,
Docks and Waterways," of the Village Code of Ordinances by amending Section 5-1 to adopt the
statutory definition for Live Aboard Vessels.
OTHER VILLAGE BUSINESS MATTERS
12. RESOLUTION – ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2024-2025 AND
SETTING THE 1ST PUBLIC HEARING Consider a motion to adopt a resolution adopting a tentative
millage rate of 7.490 mils for Fiscal Year 2025; establishing a date, time, and place for the first
reading on the Tentative Budget and Proposed Millage Rate; and authorizing the Village Manager
to submit the required forms to the Palm Beach County Property Appraiser.
Special Session Agenda, July 18, 2024 Page 3 of 4
13. MOTION TO DENY OR APPROVE a final payment in the amount of $108,745.42 to Ranger
Construction Industries, Inc. for the 2024 Milling and Resurfacing of various roadways throughout
the Village of North Palm Beach.
14. RESOLUTION – AMENDMENT TO CONTRACT FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR CONSTRUCTION OF NEW WATER RECLAMATION BUILDING Consider a
motion to adopt a resolution accepting an Amendment to the continuing Contract for Professional
Architectural Services with CPZ Architects, Inc. to accept a proposal for the construction of a new
Water Reclamation Building at the North Palm Beach Country Club in the amount of $169,314.40
and to increase the total compensation for Fiscal Years 2024 and 2025 to $200,000; and authorizing
the Village Manager to execute the Amendment.
15. RESOLUTION – SCHOOL CROSSING GUARD SERVICES CONTRACT Consider a motion to
adopt a resolution approving a Contract with Butler Group of South Florida, LLC d/b/a Nextaff to
provide School Crossing Guard Services at an estimated cost per school year of $97,156.80; and
authorizing execution of the Contract.
16. RESOLUTION – SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Consider a motion to adopt a resolution approving a Second Amendment to the Professional
Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of
compensation for Fiscal Year 2024 to $125,000; and authorizing execution of the Second
Amendment.
17. RESOLUTION – CONVERSION OF TRANSPORT VAN TO MOBILE COMMAND CENTER
Consider a motion to approve a resolution accepting a sole source proposal from Em ergency
Vehicles, Inc. for the conversion of an existing transport van to a Mobile Command Center for use
by the Police Department at a total cost of $67,288; and authorizing execution of the Contract.
18. RESOLUTION – ATHLETIC FIELD TURF MAINTENANCE SERVICES AMOUNT INCREASE
Consider a motion to adopt a resolution increasing the amount payable to Haverland AG Innovations
for Athletic Field Turf Maintenance Services for the current fiscal year by $40,000 to a total of
$239,673.
19. RESOLUTION – FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY FOR ACCESS TO COMMON TALK GROUPS Consider a motion to adopt a resolution
approving a First Amendment to the Interlocal Agreement with Palm Beach County for access to
Common Talk Groups.
20. RESOLUTION – LIBRARY RESTROOMS RENOVATION CONTRACT Consider a motion to adopt
a resolution accepting a proposal from Mueller Construction and Management Company d/b/a
Mueller Construction Company for the renovation of the ground floor Library restrooms at a cost not
to exceed $128,348; and authorizing execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
21. DISCUSSION (TABLED 6/27/24) – Business Advisory Board
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
STATEMENTS FROM THE PUBLIC
Special Session Agenda, July 18, 2024 Page 4 of 4
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.
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Marc Holloway, Field Operations Manager
DATE: July 18, 2024
SUBJECT: RESOLUTION – Requesting approval to accept a proposal from All Pro Striping,
Inc. for roadway striping of recently milled and resurfaced Village roadways in
the amount of $31,752.49 and authorizing execution of a Contract.
Village staff has recently completed a major milling and resurfacing project throughout the Village. The
final phase of this project is to establish the street striping.
The Village has acquired (3) three quotes for the scope of work required to complete the project:
Vendor Total
All Pro Striping, Inc. $31,752.49
DMI Paving & Sealcoating $32,441.00
Fine-Line Striping, Inc. $43,132.20
All Pro Striping, Inc. provided the best proposal to complete the project quickly. In accordance with the
Village’s purchasing policy, all purchases in excess of $25,000 and up to $50,000 shall be brought to
Village Council on the Consent Agenda for approval.
Village Staff is recommending approval of this Resolution to continue to improve and maintain Village
infrastructure.
Account Information:
Fund Department Account
Number Account Description Amount
Infrastructure
Surtax
Public Works/
Streets & Grounds
Maintenance
I7321-66210 Construction & Major
Renovation $31,752.49
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
the proposal from All Pro Striping, Inc. for the striping of recently milled and resurfaced Village
roadways in the amount of $31,752.49, with funds expended from account number I7321-66210
(Public Works Streets & Grounds – Construction and Major Renovation), 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 A PROPOSAL FROM ALL PRO
STRIPING, INC. FOR THE STRIPING OF RECENTLY MILLED AND
RESURFACED ROADWAYS 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 striping of recently milled and resurfaced
roadways throughout the Village; and
WHEREAS, Village Staff recommended accepting the lowest cost proposal submitted by All Pro
Striping, 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 All Pro Striping, Inc. for
roadway striping at a total cost of $31,752.49, with funds expended from Account No. I7321-66210
(Public Works/Streets & Grounds - Construction & Major Renovation), and authorizes the Mayor
and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and
incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
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CONTRACT
This Contract is made as of this _______ day of ______________, 2024, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408,
a Florida municipal corporation (hereinafter “VILLAGE”), and ALL PRO STRIPING, INC., a
Florida corporation, 19715 41st Road North, Loxahatchee, Florida 33470 (hereinafter
“CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE solicited written estimates for the striping of recently milled and
resurfaced Village roadways (“Work”); and
WHEREAS, the VILLAGE wishes to accept the written estimate 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 pr omises 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 Estimate dated June 17, 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 Thirty-One Thousand Seven Hundred and
Fifty-Two Dollars and Forty-Nine Cents ($31,752.49).
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. The
VILLAGE shall pay CONTRACTOR the deposit referenced in the Estimate. For all remaining
payments, 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
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conformity with this Contract, and they then will be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s
approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract. In order for both parties herein to close
their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s
final/last billing to the VILLAGE. This certifies that all goods and services have been properly
performed and all charges have been invoiced to the VILLAGE. Sin ce this account will thereupon
be closed, any and other further charges if not properly included in this final invoice are waived by
CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted
thirty (30) days after the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $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. The Village shall issue any required permits at no cost to CONTRACTOR.
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
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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.
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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
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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.
ALL PRO STRIPING, 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
AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of All Pro Striping, Inc.
3. All Pro Striping, Inc. does not use coercion for labor or services as defined in Section
787.06, Florida Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
VILLAGE OF NORTH PALM BEACH
PARKS AND RECREATION
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: July 18, 2024
SUBJECT: RESOLUTION – Accepting a proposal from Atlantic Smart Technologies, Inc. for AV
upgrades in the Library Obert Room, waiving the purchasing policies and procedures,
and authorizing the execution of a Contract.
Village staff is seeking Village Council approval for a proposal from Atlantic Smart Technologies to
upgrade the AV equipment in the Library Obert Room. This approval will require a waiver of the Village’s
purchasing policies and procedures.
Scope of Work:
This project will encompass the following updates:
New Speakers: High-quality speakers will provide clearer and better sound for presentations,
events, and movie screenings.
Advanced Audio Control: This system will ensure that the sound is perfectly balanced and easy
to manage.
Modern Control System: An updated control system will make it simple to manage all the AV
equipment, ensuring smooth and efficient operation.
Equipment Rack: A new rack will keep all the AV gear organized and secure.
Surge Protector: This will protect all the new equipment from power surges, ensuring longevity
and reliability.
Apple TV and iPad Mini: These devices will allow for easy streaming of content and provide a
modern interface for controlling the AV system.
New Projector and Screen: A top-of-the-line projector and a large, high-quality screen will
provide clear visuals for movies, presentations, and more.
Improved Wiring: Updated wiring will ensure all the new equipment works seamlessly together.
Overall, these upgrades will make the Library Obert Room a state-of-the-art space for events,
presentations, and community gatherings, offering a significantly enhanced audio-visual experience for
all patrons.
Funding:
The Friends of the Library recently received a $25,000 donation from the Kelsey-Naylor Family
Foundation specifically for IT services or AV equipment. Although their donation does not cover the full
amount, the Friends of the Library have agreed to cover the entire amount. Council previously approved
a motion on September 14, 2023 giving permission for staff to accept donations in excess of $25,000
from the Friends of the Library during fiscal year 2024.
Pricing:
Atlantic Smart Technologies, Inc. provided the only proposal. Staff chose to solicit a quote from them
because they previously installed the Country Club’s AV system (R2018-91). Using this vendor will
ensure consistency across systems and simplify IT management. The proposal requires Council approval
since it exceeds $25,000, and a waiver of the Village’s purchasing policies and procedures because
Atlantic Smart Technologies, Inc. provided the only quote.
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department Account
Number Account Description Amount
General
Fund Library A7927-33160 Donations Expense $25,665.86
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
the proposal from Atlantic Smart Technologies, Inc. for AV upgrades in the Library Obert Room
in an amount not to exceed $25,665.86, with funds expended from Account Number A7927-33160
(Library – Donations Expense); authorizing the Mayor and Village Clerk to execute the Contract
for such services; and waiving the Village’s purchasing policies and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM ATLANTIC
SMART TECHNOLOGIES, INC. FOR AUDIO-VISUAL UPGRADES TO THE
LIBRARY’S OBERT ROOM AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES;
WAIVING THE PURCHASING POLICIES AND PROCEDURES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village solicited a written proposal for audio-visual (AV) upgrades to the Village
Library’s Obert Room; and
WHEREAS, Village Staff recommended accepting the proposal from Atlantic Smart Technologies,
Inc., the vendor previously chosen by the Village to install the AV system at the North Palm Beach
Country Club and waiving the Village’s purchasing policies and procedures; and
WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from Atlantic Smart Technologies,
Inc. for AV upgrades to the Village Library’s Obert Room at a total cost of $25,665.86, with funds
expended from Account No. A7927-33160 (Library – Donations Expense), 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. In approving this purchase, the Village Council waives all conflicting provisions of
the Village’s purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 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 ATLANTIC SMART
TECHNOLOGIES, INC., a Florida corporation, 130 Juno Street, Unit No. 1, Jupiter, Florida 33458
(hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE solicited a proposal from CONTRACTOR for audio-visual (AV)
upgrades to the Village Library’s Obert Room (“Work”); and
WHEREAS, the VILLAGE wishes to accept the proposal submitted by CONTRACTOR, and
CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this
Contract.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated herein
by reference.
2. CONTRACTOR’s Services and Time of Completion.
A. CONTRACTOR shall perform the Work in accordance with its Proposal dated July 1, 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 Twenty-Five Thousand Six Hundred and Sixty-
Five Dollars and Eighty-Sixty Cents ($25,665.86).
D. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar
days.
3. Compensation to CONTRACTOR.
Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of
compensation stated in Section 3(C) above without prior written consent of the VILLAGE.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s
representative, indicating that goods and services have been provided and rendered in conformity
with this Contract, and they then will be sent to the Finance Department for payment. Invoices will
Page 2 of 7
normally be paid within thirty (30) days following the VILLAGE representative’s approval.
CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in
question arising out of or relating to this Contract. In order for both parties herein to close their books
and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing
to the VILLAGE. This certifies that all goods and services have been properly performed and all
charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and
other further charges if not properly included in this final invoice are waived by CONTRACTOR.
The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $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. 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
charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
Page 4 of 7
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 this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR’s sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof. The parties knowingly, voluntarily and intentionally
waiver any right they may have to trial by jury with respect to any litigation arising out of
this Contract.
D. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
E. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law.
F. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
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 Proposal,
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 r epair
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.
ATLANTIC SMART TECHNOLOGIES, 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
AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of Atlantic Smart Technologies, Inc.
3. Atlantic Smart Technologies, Inc. does not use coercion for labor or services as defined
in Section 787.06, Florida Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
Proposal/Order Form
Date
7/1/2024
Audio Video ...
12015
Customer / Company Name
Village of North Palm Beach
501 US Hwy 1
North Palm Beach, FL 33408
Ship To
Village of North Palm Beach
Library
303 Anchorage Drive
North Palm Beach, FL 33408
130 Juno Street Unit #1
Jupiter, FL 33458
Plan Revision Dat...
Due on receipt
Rep
BS
Audio [ ] Video [ ]Ship to Address
Signature _____________________________________
The above stated work may require an electrical permit to be issued by the Authority Having
Jurisdiction. The cost of the permit will be billed separately. Sales tax is not included in this
proposal, it will be added when invoiced.
Total
Subtotal
Sales Tax (0.00)
Item Product & Installation Description Qty Item Amount Total
415.2-Savant & A... Sonance PS-C83RT Speakers 8 330.00 2,640.00
415.2-Savant & A... Audio Control CM2-750 1 2,390.00 2,390.00
415.2-Savant & A... Savant HST-SIPA1 w/ 1 Year Essentials 1 725.00 725.00
415.2-Savant & A... Savant SSC-0012 1 484.00 484.00
415.2-Savant & A... 18U Rack 1 999.00 999.00
415.2-Savant & A... Wattbox WB-800-IPVM-6 IP Surge Protector 1 587.16 587.16
415.2-Savant & A... Apple TV 1 159.00 159.00
415.2-Savant & A... Apple iPad Mini 1 499.00 499.00
415.2-Savant & A... LaunchPort Base Station and Sleeve 1 500.00 500.00
415.2-Savant & A... Sony VPL-XW5000ES 1 4,999.00 4,999.00
415.2-Savant & A... Chief RPMAU Projector Mount and CMS024 Extension 1 399.00 399.00
415.2-Savant & A... Stewart Filmscreen - 130" 16:9 Cascade Series Screen 1 6,151.70 6,151.70
412- Structured C... 16/4 Plenum Speaker Wire - 1000'1 775.00 775.00
412- Structured C... TV Wiring Location (3) Cat6+(1) RG6UQ Plenum 2 199.00 398.00
Installation Charg... Labor 1 3,960.00 3,960.00
$25,665.86
$25,665.86
$0.00
RESOLUTION 2018-91
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL
SUBMITTED BY ATLANTIC SMART TECHNOLOGIES, INC. FOR
DESIGN/BUILD SERVICES FOR LOW VOLTAGE SYSTEMS AT THE NEW
COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 10, 2018, the Village advertised a Request for Proposals for
Design/Build Services for Low Voltage Systems at the North Palm Beach Country Club
RFP"); and
WHEREAS, the Village received five proposals in response to the RFP; and
WHEREAS, the Village's Evaluation Committee reviewed the proposals in accordance with the
criteria set forth in the RFP and based on such evaluation, Village Staff recommended accepting
the proposal submitted by Atlantic Smart Technologies, Inc.; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council accepts the proposal from Atlantic Smart Technologies, Inc.
for design/build services for low voltage systems at the new Country Club clubhouse at a cost of
199,752.25, with funds expended from Account No. K7600-66210 (Country Club Project —
Construction and Major Renovation). The Village Council further authorizes the Mayor and
Village Clerk to execute a contract for such services, a copy of which is attached hereto and
incorporated herein.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 25TH DAY OI
Village Seal)
ATTEST:
VILLAGE CLERK
CONTRACT
This Contract is made as of the a?S day of fie,*b , 2018, 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 ATLANTIC
SMART TECHNOLOGIES, INC., a Florida corporation, hereinafter referred to as the VENDOR,
whose Federal I.D. is 20-1523617.
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 for
Construction Management Consulting Services pursuant to the terms and conditions of this
Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work for Design/Build Services for Low Voltage Systems for new Country Club is
in accordance with the RFP document.
SECTION 2: TERM OF CONTRACT.
A. This Contract and shall remain in effect until the low voltage systems identified in the RFP
are completed, accepted, paid by the VILLAGE and the bidder's warranty period has ended. Any
variation to the terms and conditions set forth herein shall be in writing and signed by both parties.
B. The CONTRACTOR shall not be considered in default by reason of any failure in
performance of the Work if such failure arises out of causes reasonably beyond the control of the
CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include,
but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight
embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally
severe and unusual weather conditions.
C. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of
any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or
its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of
this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or
stop any or all of the work at any time.
SECTION 3: VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Director
of Information 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: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the VENDOR for Design/Build Services for Low
Voltage Systems for the New Country Club and for which Purchase Orders are issued in
accordance with VENDOR's proposal. The total amount of compensation shall not exceed
One Hundred Ninety -Nine Thousand Seven Hundred and Fifty -Two Dollars and
Page 1
Twenty -Five Cents ($199,752.25).
B. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on the
date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s)
received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the
VILLAGE's representative, indicating that goods and services have been provided and rendered in
conformity with the Contract and then will be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative's
approval.
C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the liability of the
CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, VENDOR will clearly
state "final invoice" on the VENDOR's final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by the VENDOR. The VILLAGE will not be
liable for any invoice from the VENDOR submitted thirty (30) days after the provision of all goods
and services.
F. If the VILLAGE fails to make any payment due the CONTRACTOR for the Work under
this Contract within forty-five (45) days after the CONTRACTOR's transmittal of its invoice to the
VILLAGE, the CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work
under this Contract until it has been paid in full all amounts due.
G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off -set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
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
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
Page 2
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. Unless the VENDOR is in breach of this Contract, the VENDOR shall be
paid for services rendered to the VILLAGE's satisfaction through the date of termination. After
receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the VENDOR
shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
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 hereunder. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida. The Certificates shall clearly
Page 3
indicate that the 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 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. The VENDOR shall maintain, during the life of this Contract, Professional Liability/Error
Omission Insurance/3rd Party Crime Coverage to include money & securities, forgery or
alteration and employee dishonesty in the minimum amount of $1,000,000 per occurrence.
D. 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: GOVERNING 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.
SECTION 12: INDEPENDENT CONTRACTOR.
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 any 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.
Page 4
SECTION 13: ACCESS AND AUDITS.
The 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 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
employment without regard to race, color, religion
marital status, or sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
of its employees are treated equally during
disability, sex, age, national origin, ancestry,
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: AUTHORITY TO PRACTICE.
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the Work under this Contract,
and that it will at all times conduct its business and provide the Work under this Contract in a
reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's
representative upon request.
SECTION 17: 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 18: MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the VENDOR of the VILLAGE's
notification of a contemplated change, the VENDOR shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the
contemplated change shall effect the VENDOR's ability to meet the completion dates or schedules
of this Contract.
Page 5
B. If the VILLAGE so instructs in writing, the VENDOR shall suspend work on that portion
of the work affected by the contemplated change, pending the VILLAGE's decision to proceed
with the change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Change
to the Purchase Order and the VENDOR shall not commence work on any such change until
such revised Purchase Order is received.
SECTION 19: 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 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 20: WARRANTY/GUARANTY.
VENDOR warrants that its goods and services under this Contract will be free of defects in
materials and workmanship for a period of one year or longer in accordance with Manufacturer's
Warranty following the provision of said goods and services.
SECTION 21: 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 22: NOTICE. All notices required in this Contract shall be sent by certified mail,
return receipt requested, and if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
Atlantic Smart Technologies, Inc.
130 Juno Street #1
Jupiter, FL 33458
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR agree that this Contract sets forth the entire agreement between
Page 6
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 Proposal and the
VENDOR's proposal, this Contract shall take precedence with the VILLAGE's Request for
Proposal taking precedence over the VENDOR's proposal. All such documents shall be read in a
manner so as to avoid a conflict.
SECTION 24: 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 25: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
SECTION 26: 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 27: WAIVER OF SUBROGATION.
A. 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.
B. 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 28: 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 29: INVOICING AND PAYMENT.
Payment for any and all invoice(s) minimally meet the following conditions to be considered as a
valid payment request:
Page 7
A. A timely submission of a properly certified invoice(s) in strict accordance with the price(s)
and delivery elements as stipulated in the Contract or Purchase Order document, and
submitted to:
Village of North Palm Beach
501 US Highway One
North Palm Beach, Florida 33408
ATTN: Accounts Payable
B. All invoices submitted shall consist of an "original" invoice which clearly references the
subject Contract or Purchase Order Number; provide a sufficient salient description to
identify the good(s) and/or service(s) for which payment is requested; include and be clearly
marked as "partial", "complete" or "final invoice".
C. The invoice shall contain VENDOR's Federal Employer Identification Number.
D. All payments made by the VILLAGE shall be governed by Florida's Prompt Payment Act
for non -construction services.
SECTION 30: ADDITIONAL SERVICES.
If additional services are needed, the VENDOR may, at the option of the VILLAGE, be engaged to
perform these services under the terms of the Contract.
SECTION 31: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: (561) 841-3355; NPBCLERKaVILLAGE-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 119.070 1, 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
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.
Page 8
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 32: 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.
IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
Print Name: lWaAev) L l oi / r,
Title: ,V - sole's
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ATTEST:
BY: A LA4v-4
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: "
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VILLAGE ATTORNEY
Page 9
Friends of the North Palm Beach Library
303 Anchorage Dr., NPB, FL 33408
561-818-7593 cag2820@gmail.com
Check for Library AV equipment upgrades.
$25,665.86
$25,665.86 for Library AV equipment upgrades to Obert room.
Upgrades for Obert room.
Upgrades for Obert room.
Leisure Services
7/3/2024
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: July 18, 2024
SUBJECT: RESOLUTION – Approval of Change Order No. 1 to the Grant Agreement with
FDEP for preparation of Comprehensive Vulnerability Assessment.
Background:
Through the adoption of Resolution No. 2024-38 on May 9, 2024, the Village executed a Grant
Agreement with the Florida Department of Environmental Protection (“FDEP”) to accept funding for
development of a Vulnerability Assessment (“VA”) to evaluate potential risks and enhance community
resilience for our community, as it will systematically evaluate the vulnerabilities of our stormwater
management systems.
The original VA tasks were set to commence on July 1, 2023. However, the Village is still in the process
of procuring an engineering consultant to perform the assessment.
To account for the on-going procurement process, which is expected to be complete by the end of
August 2024, the Village requested an extension from FDEP that would allow task start dates to begin
at a later time, while remaining in compliance with the agreement. FDEP agreed to this extension
request in the form of Change Order 1, which requires Village execution for the extension to be
approved.
The execution of the Change Order has no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
Change Order No. 1 to the Grant Agreement with the Florida Department of Environmental
Protection for the development of a Comprehensive Vulnerability Assessment and authorizing
the Mayor and Village Clerk to execute the Change Order in accordance with Village policies and
procedures.
RESOLUTION 2024-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING CHANGE ORDER NO. 1 TO THE GRANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE RECEIPT OF GRANT FUNDS FOR PREPARATION OF A
VULNERABILITY ASSESSMENT AND AUTHORIZING EXECUTION OF THE
CHANGE ORDER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2024-38 on May 9, 2024, the Village Council
approved a Grant Agreement with the Florida Department of Environmental Protection (“FDEP”) to
accept funding for the development of a comprehensive Vulnerability Assessment pursuant to Section
380.093, Florida Statutes; and
WHEREAS, at the Village’s request, FDEP has prepared Change Order No. 1 to the Agreement to extend
the deadlines for completion of the Assessment; 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 “whereas” clauses are hereby adopted and incorporated herein.
Section 2. The Village Council hereby approves Change Order No. 1 to the Grant Agreement with
the State of Florida Department of Environmental Protection for the receipt of grant funds for the
development of a comprehensive Vulnerability Assessment, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor to execute the Change Order on behalf of the Village.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
DEP Agreement No. 24PLN29, Change Order No. 1, Page 1 of 1
CHANGE ORDER No. 1
DEP AGREEMENT No. 24PLN29
VILLAGE OF NORTH PALM BEACH COMPREHENSIVE VULNERABILITY ASSESSMENT
GRANTEE:
Village of North Palm Beach
501 US Highway One
North Palm Beach, Florida 33408
This agreement, between the Department of Environmental Protection (DEPARTMENT) and Village of
North Palm Beach (GRANTEE), entered into on May 24, 2024, is hereby revised as follows:
WHEREAS, the GRANTEE has requested a change in task timelines within the Agreement period;
WHEREAS, the GRANTEE has requested an update to the Grant Work Plan;
NOW THEREFORE, the DEPARTMENT and the GRANTEE hereby agree as follows:
1. Attachment 3, Grant Work Plan is hereby deleted in its entirety and replaced with Attachment 3-A, Revised
Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to
Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
2. All other terms and conditions of the Agreement remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 24PLN29, Change Order No. 1, Page 2 of 1
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year, last
written below.
VILLAGE OF NORTH PALM BEACH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Susan Bickel, Mayor Hanna Tillotson, Program Administrator
_________________________________________ _________________________________________
Print Name and Title Print Name and Title
Date: Date:
FEID No.
If someone other than the mayor signs this Agreement, a resolution, statement, or other documentation authorizing
that person to sign the Agreement on behalf of the Village must accompany the Agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Type Letter/ Number Description (include number of pages)
Attachment 3-A Revised Grant Work Plan (5 pages)
59-6017984
DEP Agreement No.: 24PLN29
Page 1 of 5
Rev. 3.6.24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
REVISED GRANT WORK PLAN
AGREEMENT NO. 24PLN29
ATTACHMENT 3-A
PROJECT TITLE: Village of North Palm Beach Comprehensive Vulnerability Assessment
PROJECT LOCATION: The Project is located in the Village of North Palm Beach within Palm Beach
County, Florida.
PROJECT DESCRIPTION:
The Village of North Palm Beach (Grantee) will complete the Village of North Palm Beach Comprehensive
Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA)
pursuant to Section 380.093, Florida Statutes (F.S.).
TASKS AND DELIVERABLES:
Task 1: Identify Vulnerability Assessment Data Standards
Description: The Grantee will identify the data standards, to include the sea level rise scenarios and
planning horizons, needed to perform the VA based on the requirements as defined in Section 380.093, F.S.
The data standards must be pursuant to the requirements that are defined in s. 380.093, F.S., as of the date
of beginning data collection efforts.
Deliverables: Prior to conducting the work for the Project, the Grantee will provide the following:
• 1.1: The proposed data standards (sea level rise scenarios and planning horizons) to be
used in the VA. This is a no cost deliverable.
Task 2: Kick Off Meeting
Description: The Grantee will develop an overall project management plan and address initial actions and
then conduct a kick-off meeting for the project. Meeting attendees will discuss the project scope, project
goals, schedule, key milestones, and deliverables in order to develop a consistent project approach.
Deliverables: The Grantee will provide the following:
• 2.1: Meeting agenda to include location, date, and time of meeting;
• 2.2: Meeting sign-in sheets or attendance records with attendee names and affiliation;
• 2.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as
applicable; and
• 2.4: Kick-off meeting minutes, which documents all decisions and agreed upon outcomes of the
meeting.
Task 3: Acquire Background Data
Description: The Grantee will research and compile the data needed to perform the VA based on the
requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a
VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-related
data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs
380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program’s
GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea
DEP Agreement No.: 24PLN29
Page 2 of 5
Rev. 3.6.24
level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA)
intermediate-high and intermediate-low projections (or the projection(s) required by Section 380.093, F.S.)
for 2040 and 2070 (or the planning horizons selected in consultation with the Department in the “Identify
Vulnerability Assessment Data Standards” task) at a minimum. Other projections can be used at the
Grantees discretion so long as additional scenarios do not require additional funds. Storm surge data used
must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of
researching background data, the Grantee shall identify data gaps, where missing data or low-quality
information may limit the VA’s extent or reduce the accuracy of the results. The Grantee shall rectify any
gaps of necessary data.
Deliverables: The Grantee will provide the following:
• 3.1: A technical report to outline the data compiled and findings of the gap analysis;
• 3.2: A summary report to include recommendations to address the identified data gaps and actions
taken to rectify them, if applicable; and
• 3.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets
owned or maintained by the Grantee as well as regionally significant assets that are classified and
as defined in paragraphs 380.093(2)(a)1-4, F.S.
Task 4: Exposure Analysis
Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each
sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to
evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding,
rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards
used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must
adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be
defined within the associated metadata.
Deliverables: The Grantee will provide the following:
• 4.1: A draft VA report that provides details on the modeling process, type of models utilized, and
resulting tables and maps illustrating flood depths for each flood scenario; and
• 4.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate
metadata that identifies the methods used to create the flood layers.
Task 5: Sensitivity Analysis
Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets
and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire
Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity
on each asset class and at each flood scenario and assign a risk level based on percentages of land area
inundated and number of critical assets affected.
Deliverables: The Grantee will provide the following:
• 5.1: An updated draft VA report that provides details on the findings of the exposure analysis and
the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on
the statutorily-required scenarios and standards; and
• 5.2: An initial list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset.
DEP Agreement No.: 24PLN29
Page 3 of 5
Rev. 3.6.24
Task 6: Identify Focus Areas
Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida
Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign
focus areas to locations or assets that are particularly vulnerable and require the development of adaptation
strategies. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data
Standards (Exhibit I), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
• 6.1: A report summarizing the areas identified as focus areas, with justification for choosing each
area;
• 6.2: Tables listing each focus area with any critical assets that are contained inside the focus area;
• 6.3: Maps illustrating the location of each focus area compared to the location of all critical assets
within the geographic extent of the study; and
• 6.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus
areas.
Task 7: Final Vulnerability Assessment Report, Maps, and Tables
Description: The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. The
final VA must include all results from the exposure and sensitivity analyses, as well as a summary of
identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets
that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting
the asset. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data
Standards (Exhibit I), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
• 7.1: Final VA Report that provides details on the results and conclusions, including illustrations
via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093, F.S.;
• 7.2: A final list of critical and regionally significant assets that are impacted by flooding. The list
of critical and regionally significant assets must be prioritized by area or immediate need and must
identify which flood scenario(s) impacts each asset;
• 7.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in
the VA, to include the geospatial data in an electronic file format and GIS metadata; and
• 7.4 A signed Vulnerability Assessment Compliance Checklist Certification.
Task 8: Public Presentation
Description: The Grantee will present the final VA results to local governing boards, technical committees,
or other appropriate officers and elected officials. The purpose of the presentation is to share the findings
from the final VA and provide recommendations of actions for adaptation strategies and future project
funding. The presentation will also inform the public of the results and the future risk of sea level rise and
increased flooding and encourage community participation when identifying mitigation strategies to
address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting
invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable.
Deliverables: The Grantee will provide the following:
• 8.1: Meeting agendas to include location, date, and time of meeting;
DEP Agreement No.: 24PLN29
Page 4 of 5
Rev. 3.6.24
• 8.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
• 8.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at
the meeting (i.e. social media posts, public announcements, graphics), as applicable;
• 8.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable;
and
• 8.5: A summary report including attendee input and meeting outcomes.
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The
deliverables for each task must be submitted in chronological order, with the exception of the “Conduct
Steering Committee Meetings” and “Peril of Flood Compliance” tasks, if included. Grantees must have
received a Deliverable Acceptance Letter from the Department’s Grant Manager prior to submitting any
subsequent deliverables. The Department’s Grant Manager will review the deliverable(s) to verify that they
meet the specifications in the Grant Work Plan and the task description, to include any work being
performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to
the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The
Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A “partial
deliverable” is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in
the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one
hundred percent (100%) completion. A “full deliverable” is defined as a deliverable comprising all
subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred
percent (100%) completion. An “incomplete deliverable” is defined as a deliverable for which one hundred
percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable
list for a single task. A task is considered one hundred percent (100%) complete upon the Department’s
receipt and approval of all deliverable(s) listed within the task and the Department’s approval provided by
the Deliverable Acceptance Letter.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or
submitted to the Department in a timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee’s full or partial completion of a task’s
deliverable(s) and acceptance by the Department’s Grant Manager, the Grantee may submit a payment
request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment
requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form,
detailing all progress made in the invoice period; and supporting fiscal documentation including match, if
applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required
Exhibit A, Progress Report Forms, have been submitted to the Department’s Grant Manager for all reporting
periods dating back to the Agreement Begin Date. Upon the Department’s receipt of the aforementioned
documents and supporting fiscal documentation, the Department’s Grant Manager will have ten (10)
working days to review and approve or deny the payment request.
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding
must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior
to the current task due date listed in the Project Timeline. Requests are to be sent via email to the
Department’s Grant Manager, with the details of the request and the reason for the request made clear.
DEP Agreement No.: 24PLN29
Page 5 of 5
Rev. 3.6.24
Task
No. Task Title Budget
Category
DEP
Amount
Match
Amount
Total
Amount
Task Start
Date
Task Due
Date
1
Identify Vulnerability
Assessment Data
Standards
No-Cost
Deliverable $0 $0 $0 7/1/2023
Prior to
Initiating
Task 2
2 Kick Off Meeting Contractual
Services $4,400 $0 $4,400 7/1/2023 9/30/2024
3 Acquire Background
Data
Contractual
Services $9,900 $0 $9,900 7/1/2023 3/1/2025
4 Exposure Analysis Contractual
Services $10,000 $0 $10,000 7/1/2023 3/1/2025
5 Sensitivity Analysis Contractual
Services $10,000 $0 $10,000 7/1/2023 3/1/2025
6 Identify Focus Areas Contractual
Services $8,950 $0 $8,950 7/1/2023 3/31/2026
7
Final Vulnerability
Assessment Report,
Maps, and Tables
Contractual
Services $8,000 $0 $8,000 7/1/2023 3/31/2026
8 Public Presentation Contractual
Services $8,000 $0 $8,000 7/1/2023 3/31/2026
Total: $59,250 $0 $59,250
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Beth Davis, Country Club General Manager
DATE: July 18, 2024
SUBJECT: RESOLUTION – Approval of a blanket purchase order increase for the purchase of pool
chemicals and supplies from Commercial Energy Specialists Inc. by $10,000 to a not to
exceed amount of $35,000
The Country Club is requesting to increase the blanket purchase order for swimming pool chemicals from
Commercial Energy Specialists Inc. (“CES”) by $10,000 to a total of $35,000 for Fiscal Year 2024.
Recently installed Pulsar Chlorinators at the swimming pool and splash pad help maintain the appropriate
chlorine levels required by the Department of Health. This system chlorinates, removes organics and
metals, and boosts hardness and shock treatments all in one simple process to provide better water
quality and cleanliness. With the age and size of the pool, increased participation, and higher-than-
normal temperatures, maintaining these optimal levels has increased chlorine consumption and cost.
Village Staff believes that increasing the CES blanket purchase order for chemicals by $10,000, to a total
not to exceed $35,000 is in the best interests of the Village and that the Village is obtaining the chemicals
at a fair price.
Account Information:
Fund Department Account
Number Account Description Amount
Enterprise Pool L8051-35260 Chemicals 35,000.00
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a $10,000 increase to the blanket purchase order issued to Commercial Energy Specialists, Inc.
for the purchase of chemicals at a total cost not to exceed $35,000.00, with funds expended from
Account No. L8051-35260 (Pool – Chemicals), in accordance with Village policies and procedures.
RESOLUTION 2024-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN INCREASE IN THE
BLANKET PURCHASE ORDER ISSUED TO COMMERCIAL ENERGY
SPECIALISTS INC. FOR THE PURCHASE OF POOL CHEMICALS UTILIZED
AT THE COUNTRY CLUB; 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 is recommending approval of an increase of $10,000 (for a total of
$35,000) to the blanket purchase order with Commercial Energy Specialists Inc. for the purchase
of pool chemicals for use at the North Palm Beach Country Club pool; and
WHEREAS, the Village Council determines that the adoption of this Resolution, including the
waiver of any conflicting purchasing policies and procedures, is in the best interests of the 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 an increase of $10,000 to the Fiscal Year
2024 blanket purchase order with Commercial Energy Specialists Inc. for the purchase of pool
chemicals for a total amount not to exceed $35,000, with funds expended from Account No.
L8051-35260 (Pool – Chemicals).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES
DATE: May 28, 2024
CALL TO ORDER: The meeting was called to order at 7:02 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
Stephanie Digangi, Member
Julie Morell, Library Manager
Lisa Interlandi, Council Member President Pro-Tem
APPROVAL OF MINUTES: Christine Delguzzi moved to approve the minutes with the correction that she
was not present at the last meeting. The motion was seconded by Tina Chippas and was approved
unanimously.
MANAGER’S REPORT - Julie Morell:
Facilities:
Front automatic doors were repaired on May 22 after being out of service for almost two weeks.
Atlantic Smart provided a quote for updating the technology in the Obert Room.
Staffing:
Carly Campos from New York has accepted the librarian position and will start in July.
Children’s Programming:
Weekly Storytimes, Junior League Collaboration, Children’s Arts and Crafts, and the new Stay n’
Play Program were highlighted.
Summer Reading Program starts June 10th, offering themed bags, reading logs, special
presentations, family movie screenings, and craft sessions.
Teen Programming:
Teen volunteers will assist with the summer reading program.
Adult Programming:
Regular programs such as Knit and Crochet, Book Club, and various workshops were mentioned,
along with the pause of the Great Courses Series for summer.
Friends of the Library:
A Mother’s Day raffle basket raised over $200 for the library.
NEW BUSINESS:
None.
OLD BUSINESS:
None.
MEMBER COMMENTS:
Member Stephanie Digangi expressed her excitement about joining the board and shared that
she and her three sons have been frequent visitors to the library for years.
STAFF COMMENTS:
None.
ADJOURNMENT: The meeting was adjourned at 7:15 PM.
NEXT ADVISORY BOARD MEETING: June 25th at 7:00 PM in the Council Chambers at Village Hall.
VILLAGE OF NORTH PALM BEACH
GOLF ADVISORY BOARD
Minutes of June 10, 2024
I. CALL TO ORDER
A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m.
II. ROLL CALL
A. Board: Present Absent
Stephen Mathison – Chairman X
Rich Pizzolato – Vice Chairman X
Curtis Witters – Secretary X
Landon Wells – Member X
Sandra Felis – Member X
Karen O’Connell – Member X
David Norris – Member X
B. Staff Members:
Allan Bowman, Director of Golf X
Beth Davis, General Manager
Lenore Dingle, Membership Coordinator
C. Council Members:
Orlando Puyol
D. Public Present:
NPB Golf Advisory Board Minutes of June 10, 2024
2
III. APPROVAL OF MEETING MINUTES
Minutes of the May 13, 2024, GAB Meeting were approved 7-0.
IV. ADMINISTRATIVE REPORTS
Golf Report.
Allan Bowman, Director of Golf, delivered his report.
We have entered into a new contract for maintenance with Brightview. The company
will be bringing some new, additional equipment to the golf course. One goal for the
upcoming year will be to have better distinction between tee boxes, fairways, and rough.
Aeration will begin next week on the 17th. We will utilize smaller holes, ½ inch versus
5/8 inch, so the course will recover more quickly. Subsequently, the next phase of pond bank
stabilization will commence. The course will be closed Monday through Thursday and open
for members only on Friday.
We will plan for dry jet aeration in August and September, a process which heals more
quickly and will promote strength of the grass for the winter season. Course closure dates
will be announced.
Financial Report.
May was a very good month for golf revenue. Merchandise sales in the pro shop have
been strong as well. The driving range continues to do very well. When Allan arrived as
Director of Golf, the range did about $300,000 in revenue per year. It is on pace to do
$550,000 this year. We are in the process of replacing the mats that have been worn out.
Allan observed that we probably reduced our rates too early this year. The goal was to
promote more rounds as the winter season ended. We succeeded in having more rounds, too
many additional rounds.
NPB Golf Advisory Board Minutes of June 10, 2024
3
Rates for golf will increase by $5 next year.
The golf course had 224 rounds played this past Saturday.
Report from Beth Davis.
The RFP for the restaurant was published. Interested parties can pick up the bid package
and tour the facility on June 17th. Bids must be in by July 8th. A committee will evaluate the
bids and two bidders will be submitted to Village Council. We hope to have a contract with
the new operator of the restaurant by late August.
IV. DISCUSSION TOPICS
V. ADJOURNMENT
The meeting was adjourned at 6:23 p.m.
The next meeting will be July 8, 2024.
Minutes by Curtis L. Witters, Secretary.
Village of North Palm Beach
Recreation Advisory Board Meeting
MINUTES
June 11, 2024 at 7:00 pm
Council Chambers
1) Call to Order: Chair Heiman at 7 p.m.
2) Roll Call: Stephen Heiman, Jennifer Gold Dumas, Mia St John, Ashley Knieriemen,
Rita Budnyk, and Zak Sherman. There was no council member representative in
attendance.
Belinda Morrell present in audience as well as one Rec Board candidate.
2) Approval of Minutes: The minutes from the previous meeting were approved
following a motion by Rita Budnyk, seconded by Jennifer Gold Dumas, and carried
unanimously.
3) Public Comments: None.
4) Director’s Report: The Director's Report was presented by Zak. He reported the
installation of new signs by Precision, progress on the RFP for tree trimming and
various labor jobs, including installing a little library and trimming branches over lot
three. The ice vending services contract was progressing well, pending council
approval. The recommendation to award the turf maintenance contract to Haverland
was also mentioned, highlighting a reasonable cost increase. Plans to renovate outdoor
restrooms at Anchorage and upgrade electrical systems were discussed, aiming for
future enhancements like golf cart charging stations. Zak also touched upon the CPR
training for staff, preparations for the boat ramp RFP, and updates on various grant
reimbursements and proposals.
5) New Business:
• None.
6) Old Business:
• Dry Storage: The dry storage project was split into two bid proposals, with one
focusing on civil work and the other on electrical. The civil portion includes
removing the old fence, installing a new one, adding new bollards and signage,
regrading, applying millings, and clearing vegetation. The electrical portion
involves undergrounding all overhead lines, installing new light poles and fixtures,
and working with FPL for hookups. Zak detailed that AT&T had removed all their
equipment from lot four, a prerequisite before starting the civil work. Pete, the
electrician from public works, is relocating the electrical equipment to keep the
civil and electrical work separate, ensuring a smoother process. The pre-bid
meeting for the civil portion is scheduled for June 26, with the goal of posting the
bid live by mid-July. The timeline aims to ensure that the civil and electrical
projects stay on track, with the electrical portion expected to be out for bid before
the calendar year ends.
• Osborne Pickleball Courts: The Osborne Pickleball Courts project was progressing
with an expected completion by July, while the total cost was noted as $50,966 for
three courts.
• Tornado Damage Reimbursement: Tornado damage reimbursement updates
revealed that the village had received a substantial portion of the costs and was
awaiting further reviews for potential additional funds.
7) Member Comments: During Member Comments, Rita expressed concerns about
losing outdoor basketball courts to pickleball and advocated for maintaining two full-
size courts. The idea of evaluating the usage of the new courts before making further
decisions was supported by other members.
8) Staff Comments: In Staff Comments, updates on new board applicants and village
history were provided. The Village was incorporated on August 13, 1956, and
significant anniversaries were highlighted, including the 75th anniversary in 2031,
when a new time capsule would be buried.
9) Adjournment: Motion to adjourn by Rita Budnyk; seconded by Jennifer Gold
Dumas. 7:47 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: July 18, 2024
SUBJECT: ORDINANCE 2ND Reading – Increasing the compensation for the Mayor and members
of the Village Council
During the Fiscal Year 2024 budget process, the Village Council approved an increase in the
compensation for the Mayor and the members of the Village Council. This increase was incorporated into
the current year General Fund budget. However, Article III, Section 4 of the Village Charter provides that
while the Village Council may determine the annual salary of Councilmembers by ordinance, “no
ordinance increasing such salary shall become effective until the date of commencement of the terms of
the council members elected at the next regular election, provided that such election follows the adoption
of such ordinance by at least six months.” The Ordinance adopting the Fiscal Year 2024 budget was not
adopted at least six months prior to the March 2024 general election, consequently, the increase in
compensation was never implemented.
The attached Ordinance amends Section 2-16 of the Village Code to increase the monthly salary for the
Mayor from $900.00 ($10,800.00 annually) to $1,350.00 ($16,200.00 annually) and to increase the
monthly salary for the remaining members of the Village Council from $750.00 ($9,000.00 annually) to
$1,125.00 ($13,500.00 annually). The increase in compensation shall become effective upon the
commencement of the terms of the Councilmembers elected at the March 2025 general election.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
There is no immediate impact because the funds have already been budgeted.
At its June 27, 2024 regular meeting, the Village Council adopted the Ordinance on first reading without
modification.
Recommendation:
Village Staff requests Council consideration and approval on second and final reading of the
attached Ordinance increasing the compensation for the Mayor and members of the Village
Council in accordance with the Village Charter requirements 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 DIVISION 1, “GENERALLY,” OF 4
ARTICLE II, “COUNCIL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE 5
VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-16, 6
“COMPENSATION,” TO INCREASE THE COMPENSATION FOR THE MAYOR 7
AND MEMBERS OF THE VILLAGE COUNCIL; PROVIDING FOR 8
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 9
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, Article III, Section 4 of the Village Charter provides that the Village Council may 12
determine the annual salary of Councilmembers by ordinance, provided that any ordinance increasing 13
the salary shall not become effective until the date of commencement of the terms of the 14
Councilmembers elected at the next regular election so long as the election follows the adoption of 15
the ordinance by six months; and 16
17
WHEREAS, Section 2-16 of the Village Code of Ordinances, last revised in 2006, establishes the 18
compensation for the Mayor and all other members of the Village Council, and the Village Council 19
wishes to increase such compensation; and 20
21
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 22
of the residents of the Village of North Palm Beach. 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 25
NORTH PALM BEACH, FLORIDA as follows: 26
27
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 28
29
Section 2. The Village Council hereby amends Division 1, “Generally,” of Article II, “Council,” 30
of Chapter 2, “Administration,” of the Village Code of Ordinances by amending Section 2-16 to read 31
as follows (additional language underlined and deleted language is stricken through): 32
33
Sec. 2-16. Compensation. 34
35
The compensation of all members elected to the village council other than the 36
mayor is hereby fixed at the sum of seven hundred fifty dollars ($750.00) one thousand 37
one hundred and twenty-five dollars ($1,125.00) per month. The compensation of the 38
mayor is hereby fixed at the sum of nine hundred dollars ($900.00) one thousand three 39
hundred and fifty dollars ($1,350.00) per month. 40
41
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 42
Ordinances of the Village of North Palm Beach, Florida. 43
44
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 45
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 46
holding shall not affect the remainder of the Ordinance. 47
48
Page 2 of 2
Section 5. All ordinances and resolutions or parts of ordinances and resolutions of the Village of 1
North Palm Beach, Florida, which are conflict with this Ordinance, are hereby repealed to extent of 2
such conflict. 3
4
Section 6. This Ordinance shall be effective upon the date of commencement of the terms of the 5
Councilmembers elected at the March 2025 general election. 6
7
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 8
9
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 10
2024. 11
12
13
(Village Seal) 14
MAYOR 15
16
ATTEST: 17
18
19
VILLAGE CLERK 20
21
APPROVED AS TO FORM AND 22
LEGAL SUFFICIENCY: 23
24
25
VILLAGE ATTORNEY 26
27
28
1
Business Impact Estimate
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 1, “GENERALLY,” OF ARTICLE II,
“COUNCIL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2-16, “COMPENSATION,” TO INCREASE
THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE VILLAGE
COUNCIL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes.
1. Summary of the proposed ordinance: The proposed Ordinance increases the
compensation for the Mayor and members of the Village Council effective March 2025.
2. An estimate of the direct economic impact of the proposed ordinance on private,
for-profit businesses in the Village:
(1) There are no direct compliance costs that business may reasonably incur;
(2) There is no new charge or fee imposed by the proposed Ordinance; and
(3) There are no regulatory costs.
3. Good faith estimate of the number of businesses likely to be impacted by the
proposed ordinance: None.
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: July 18, 2024
SUBJECT: ORDINANCE 1st Reading – Amending Section 2-17 of the Village Code to provide a
procedure for cancelling regular Village Council meetings and amending Section 2-19 of
the Village Code to move up the mandatory adjournment time by one hour to 10:00 p.m.
At its June 27, 2024 meeting, the Village Council adopted a Resolution modifying the start time for regular
Village Council meetings from 7:00 p.m. to 6:00 p.m. As a result of this change, the Council directed this
office to move up the mandatory adjournment time for all Village Council meetings from 11:00 p.m. to
10:00 p.m. Additionally, Section 2-17 of the Village Code currently provides that the regular meetings of
the Village Council shall be held on the second and fourth Thursdays of each month. Because the
Village Council routinely holds only one meeting in November and December and occasionally cancels
other regular meetings, at the suggestion of Councilmember Garrison, this office is proposing an
amendment to Section 2-17 to establish a procedure for cancelling regular Village Council meetings.
Article III, Section 9(a) of the Village Charter only requires the Council to meet “at least once in every
month at such times and places as the council may prescribe by rule.”
To that end, the attached Ordinance provides for the following revisions to Division 1, Article II, Chapter
2 of the Village Code of Ordinances:
Sec. 2-17. Regular meetings when held.
The regular meetings of the village council shall be held on the second and fourth
Thursdays of each month unless canceled by the mayor after consultation with the village
manager.
* * *
Sec. 2-19. Adjournment of all meetings.
All regular meetings, special meetings and workshop meetings for the village
council shall be adjourned on or before 11:00 10:00 p.m. on the date when the meeting
convened. In the event there is pending business on the floor at 11:00 10:00 p.m. during
one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be
reconvened at a time and date certain, but upon failure of the council to agree upon such
motion, the meeting shall be adjourned and the business pending at the time of
adjournment shall be the first item on the agenda of the next meeting of the village council
pertaining thereto.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Section 2-17 of the Village Code to provide a procedure for cancelling
regular Village Council meetings and amending Section 2-19 of the Village Code to move up the
mandatory adjournment time for Village Council meetings to 10:00 p.m. 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 DIVISION 1, “GENERALLY,” OF 4
ARTICLE II, “COUNCIL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE 5
VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-17, 6
“REGULAR MEETINGS—WHEN HELD,” TO PROVIDE A PROCEDURE TO 7
CANCEL REGULAR VILLAGE COUNCIL MEETINGS AND AMENDING 8
SECTION 2-19, “ADJOURNMENT OF ALL MEETINGS,” TO MOVE UP THE 9
MANDATORY ADJOURNMENT TIME BY ONE HOUR; PROVIDING FOR 10
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, Section 2-17 of the Village Code provides that the regular meetings of the Village 14
Council shall be held on the second and fourth Thursdays of each month, and the Village C ouncil 15
wishes to amend this section to provide a procedure for the cancellation of such meetings when 16
necessary or desirable; and 17
18
WHEREAS, Section 2-19 of the Village Code provides for the adjournment of all regular, special, 19
and workshop meetings of the Village Council at 11:00 p.m., and the Village Council wishes to amend 20
this section to adopt a new adjournment time of 10:00 p.m.; and 21
22
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 23
of the Village and its residents. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 26
NORTH PALM BEACH, FLORIDA as follows: 27
28
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 29
30
Section 2. The Village Council hereby amends Division 1, “Generally,” of Article II, “Council,” 31
of Chapter 2, “Administration,” of the Village Code of Ordinances as follows (additional language 32
underlined and deleted language is stricken through): 33
34
Sec. 2-17. Regular meetings when held. 35
36
The regular meetings of the village council shall be held on the second and 37
fourth Thursdays of each month unless canceled by mayor after consultation with the 38
village manager. 39
40
* * * 41
42
Sec. 2-19. Adjournment of all meetings. 43
44
All regular meetings, special meetings and workshop meetings for the village 45
council shall be adjourned on or before 11:00 10:00 p.m. on the date when the meeting 46
convened. In the event there is pending business on the floor at 11:00 10:00 p.m. 47
Page 2 of 2
during one (1) of the meetings, the chair shall at that time entertain a motion that the 1
meeting be reconvened at a time and date certain, but upon failure of the council to 2
agree upon such motion, the meeting shall be adjourned and the business pending at 3
the time of adjournment shall be the first item on the agenda of the next meeting of the 4
village council pertaining thereto. 5
6
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 7
Ordinances of the Village of North Palm Beach, Florida. 8
9
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 10
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 11
holding shall not affect the remainder of the Ordinance. 12
13
Section 5. All ordinances and resolutions or parts of ordinances and resolutions of the Village of 14
North Palm Beach, Florida, which are conflict with this Ordinance, are hereby repealed to extent of 15
such conflict. 16
17
Section 6. This Ordinance shall be effective immediately upon adoption. 18
19
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 20
21
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 22
2024. 23
24
25
(Village Seal) 26
MAYOR 27
28
ATTEST: 29
30
31
VILLAGE CLERK 32
33
APPROVED AS TO FORM AND 34
LEGAL SUFFICIENCY: 35
36
37
VILLAGE ATTORNEY 38
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Members of the Village Council
FROM: Chuck Huff, Village Manager
DATE: July 18, 2024
SUBJECT: ORDINANCE 1st Reading - Amending Chapter 18 of the Village Code to
prohibit the overnight parking of vehicles in swales
Village administration is seeking Council discussion and direction on a proposed ordinance
regarding the regulation of parking in the swale areas within the Village of North Palm Beach.
As defined, the "swale area" refers to the section of land between the street pavement and the
sidewalk, which is the property of the Village and is part of its road and drainage right-of-way.
The proposed Ordinance stipulates that between the hours of 12:30 a.m. and 6:00 a.m., no vehicle
shall be parked in any portion of the swale area. The Ordinance also extends the prohibition
against trucks, trailers, boats, or similar vehicles from being parked in any public street between
the hours of 12:30 a.m. and 6:00 a.m. to include the swale area. T his regulation aims to ensure
the accessibility and maintenance of these areas, as well as to improve overall safety and
aesthetics within our community.
The attached Ordinance amending Chapter 18 has been prepared and/or reviewed for legal
sufficiency reviewed by the Village Attorney.
Recommendation:
Village Staff recommends Village Council consideration and adoption on first reading of
the attached Ordinance amending Chapter 18 to prohibit overnight parking in swales from
12:30 a.m. to 6:00 a.m. in accordance with Village policies and procedures.
Page 1 of 5
ORDINANCE NO. 2024-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING 4
AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF 5
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-33, 6
“DEFINITIONS,” AND SECTION 18-34, “PARKING RESTRICTED,” TO 7
REGULATE OVERNIGHT PARKING IN SWALES; PROVIDING FOR 8
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 9
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 12
possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166, 13
Florida Statutes, including the regulation of parking within its corporate limits; and 14
15
WHEREAS, the Village Council wishes to amend Article III, “Stopping, Standing and 16
Parking,” of Chapter 18, “Motor Vehicles and Traffic,” of the Village Code of Ordinance to prohibit 17
the overnight parking of vehicles in swales; and 18
19
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 20
interests 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 “Whereas” clauses are hereby ratified as true and correct and are 26
incorporated herein. 27
28
Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of the 29
Village Code of Ordinances by amending Article III, “Stopping, Standing and Parking,” to read as 30
follows (additional language is underlined and deleted language is stricken through): 31
32
ARTICLE III. - STOPPING, STANDING AND PARKING 33
34
Sec. 18-33. Definitions. 35
36
For the purposes of this article, whenever the following words or terms are 37
used herein they shall have the meanings ascribed to them in this section, except where 38
the context requires otherwise: 39
40
* * * 41
42
Swale area means the area between the street pavement and the sidewalk which 43
is the property of the village as part of its road and drainage right-of-way. 44
45
* * * 46
47
Page 2 of 5
Sec. 18-34. Parking restricted. 1
2
(a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is 3
provided, the parking of a vehicle shall not usurp more than twelve (12) inches 4
of the paved portion of the street. 5
6
(b) Between the hours of 12:30 a.m. and 6:00 a.m., no vehicle shall be parked in 7
any portion of the swale area. 8
9
(b c) No person shall leave any truck, trailer, boat or any vehicle of a similar type 10
parked upon any public street or highway, including the swale area, within the 11
village between the hours of 12:30 a.m. and 6:00 a.m. unless specifically 12
authorized pursuant to section 18-35(3) or section 18-35.1(3) of this code. 13
14
(c d) No truck with a payload or carrying capacity (truck model rating) in excess of 15
one-ton shall be parked upon a public street or highway inclusive of swale area 16
within the village; provided, however, commercial vehicles making deliveries 17
or pickups or otherwise servicing residential, commercial or industrial property 18
within the village shall have the right, if necessary, to temporarily park in such 19
areas during normal business hours. 20
21
(d e) No truck with a payload or carrying capacity (truck model rating) in excess of 22
one-ton shall be parked at any time upon private property within the village 23
unless such truck is being utilized as part of an existing business on the private 24
property; provided, however, commercial vehicles making deliveries or 25
pickups or otherwise servicing residential, commercial or industrial property 26
within the village shall have the right, if necessary to temporarily park upon 27
private property during normal business hours. 28
29
(e f) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 30
a.m.) in any residential zoning district, unless parked within a fully enclosed 31
garage: 32
33
(1) Tractor trailers, and semi-trailer trucks; 34
35
(2) Tow trucks, wreckers or flat bed vehicle carriers; 36
37
(3) Commercial buses, school buses, or vans accommodating more than 38
sixteen (16) passengers; 39
40
(4) Dump trucks; 41
42
(5) Construction equipment and vehicles, including farm tractors, 43
backhoes, front-end loaders, cranes, cement mixers, pitch buckets or 44
similar items; 45
46
(6) Step vans, panel trucks or other vehicles with rectangular bulk and a 47
payload or carrying capacity in excess of one-ton; 48
Page 3 of 5
1
(7) Any vehicle used and designed for the commercial sale of food or 2
beverages; 3
4
(8) More than one (1) taxi, car service vehicle, or limousine; 5
6
(9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for 7
hire, and of original manufacture or remanufacture, that exceeds a 8
seating capacity of eight (8) persons); 9
10
(10) Boom or bucket trucks; 11
12
(11) Swamp buggies and half-tracks; 13
14
(12) Tandem wheel pick up trucks (dooley type); and 15
16
(13) Vehicles that exceed eight (8) feet in height, inclusive of attached 17
equipment and accessories. 18
19
(f g) In addition to the foregoing, vehicles with commercial advertising or markings 20
that occupy more than ten (10) square feet of any given side of the vehicle shall 21
not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential 22
zoning district unless: 23
24
(1) The vehicle is covered with a fitted vehicle cover specifically 25
manufactured for that purpose; 26
27
(2) The vehicle is parked within a fully enclosed garage or otherwise 28
screened from view from adjacent properties and rights-of-way; or 29
30
(3) The vehicle's commercial advertising or markings are completely 31
covered by magnetic signs affixed to the vehicle that have no markings 32
whatsoever and are the same color as the base paint of the vehicle. 33
34
(g h) Utility trailers shall not be parked in any residential zoning district unless 35
parked within a fully enclosed garage or within a rear or side yard of a 36
residential lot within the R-1 or R-2 zoning district, subject to the following 37
requirements: 38
39
(1) The utility trailer shall be visually screened from the view of abutting 40
properties and alleyways. Screening shall be in the form of a properly 41
anchored wall, fence or gate (meeting all building code requirements) 42
or a hedge or other living vegetation, each with a minimum opacity of 43
ninety percent (90%). Walls, fences and gates shall be constructed in 44
accordance with section 45-36(D), and the use of chain link fencing 45
with windscreens is prohibited. Hedges or other living vegetation shall 46
be planted in the ground and shall be of sufficient height to screen such 47
equipment. Utility trailers are not required to be screened from the 48
Page 4 of 5
right-of-way providing access to the rear or side yard if such equipment 1
is located behind a gate at least six (6) feet in height and not more than 2
twenty (20) feet wide. 3
4
(2) Only one (1) utility trailer shall be located on any residential lot, and 5
the height of the trailer is limited to ten (10) feet, as measured from the 6
ground, exclusive of fixed mechanical equipment. 7
8
(3) Utility trailers shall not be permitted within the parking area or 9
common area of any residential multi-family or mixed-use community 10
unless specifically approved through the site plan and appearance 11
review process. 12
13
(4) The utility trailer must be owned or exclusively used by the resident of 14
the property upon which it is parked. 15
16
(5) Utility trailers parked in the side yard shall not project beyond the front 17
building line and utility trailers parked in the rear yard shall be located 18
at least five (5) feet from the rear property line. 19
20
(6) The utility trailer shall, at all times, be currently registered and licensed 21
as required by state law and shall display a current registration sticker 22
and have attached a current vehicle license plate. 23
24
(7) When parked on residential property, the utility trailer shall not be used 25
for living or sleeping quarters or for the storage of household goods or 26
any personal property unrelated to the use of the utility trailer for 27
commercial purposes. 28
29
(8) Any resident who demonstrates that he or she cannot meet the 30
screening or setback requirements for parking a utility trailer on a lot 31
within the R-1 or R-2 residential zoning districts may apply for an 32
exemption from such requirements provided that the resident stored the 33
utility trailer on the property on or before March 24, 2022 and the utility 34
trailer is necessary for the commercial livelihood of the resident. The 35
application shall be accompanied by documentation demonstrating the 36
date the resident began storing the utility trailer on the property and 37
detailing the use of the utility trailer. The application shall be filed with 38
the community development department, and the department shall 39
review the application to ensure it is complete and prepare the 40
necessary documentation for review by the planning commission. The 41
planning commission shall approve, approve with conditions or deny 42
the application, and the decision shall be set forth in a written order. 43
The exemption shall not run with the property and a change in 44
residency shall terminate the approval. 45
46
* * * 47
48
Page 5 of 5
Section 3. The provisions of this Ordinance shall become and be made part of the Code of 1
Ordinances for the Village of North Palm Beach, Florida. 2
3
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 4
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 5
holding shall not affect the remainder of the Ordinance. 6
7
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 8
herewith are hereby repealed to the extent of such conflict. 9
10
Section 6. This Ordinance shall be effective immediately upon adoption. 11
12
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 13
14
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 15
2024. 16
17
18
19
(Village Seal) 20
MAYOR 21
22
ATTEST: 23
24
25
VILLAGE CLERK 26
27
APPROVED AS TO FORM AND 28
LEGAL SUFFICIENCY: 29
30
31
VILLAGE ATTORNEY 32
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: July 18, 2024
SUBJECT: ORDINANCE 1st Reading – Ordinance amending Chapter 5 of the Village Code of
Ordinance to revise the definition of liveaboard boats or vessels in conformance with
State Statute.
The Village’s Police Department is engaged in enforcing the laws and regulations applicable to boats and
vessels within bodies of water located within the Village’s municipal limits. The provisions of both the
Florida Statutes and the Village Code regulate live aboard vessels with slightly different definitions. To
that end, the Police Department has requested that the Village Code be amended so that the Code
definition of the term “live aboard vessel” matches the definition set forth in Section 327.02, Florida
Statutes.
The attached Ordinance amends Section 5-1 of the Village Code to read as follows:
Sec. 5-1. Definitions.
As used in this chapter, unless the context indicates otherwise, the following terms
shall have the indicated meanings:
* * *
Live-aboard boat or vessel means:
(a) Any boat or vessel used solely as a residence and not for navigation;
(b) Any boat or vessel represented as a place of business or a professional or
other commercial enterprise; or
(b c) Any boat or vessel for which a declaration of domicile has been filed
pursuant to F.S. §222.17.; or
(c) Any boat or vessel used as a residence that does not have an effective
means of propulsion for safe navigation.
A commercial fishing boat or vessel is expressly excluded from this definition.
There is no fiscal impact.
The attached Ordinance has been prepared by this office and reviewed f or legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Section 5-1 of the Village Code to modify the definition of the term live
aboard vessel to conform to the statutory definition 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 5, “BOATS, DOCKS AND WATERWAYS,” OF 5
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 5-1 TO 6
ADOPT THE STATUTORY DEFINITION FOR LIVE ABOARD VESSELS; 7
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIV E 9
DATE. 10
11
WHEREAS, Chapter 5 of the Village Code of Ordinances regulates mooring of vessels within the 12
Village’s Code of Ordinances, including restrictions applicable to live aboard vessels; and 13
14
WHEREAS, the Village Council wishes to amend the definition of the term live aboard vessel to 15
comply with the current statutory definition; and 16
17
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best interests 18
of the health, safety and welfare of the Village and its residents. 19
20
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 21
OF NORTH PALM BEACH, FLORIDA as follows: 22
23
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 24
25
Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 5, “Boats, 26
Docks and Waterways,” of the Village Code of Ordinances by amending Section 5-1, 27
“Definitions,” as follows (additional language is underlined and deleted language is stricken 28
though): 29
30
ARTICLE I. IN GENERAL 31
32
Sec. 5-1. Definitions. 33
34
As used in this chapter, unless the context indicates otherwise, the following 35
terms shall have the indicated meanings: 36
37
* * * 38
39
Live-aboard boat or vessel means: 40
41
(a) Any boat or vessel used solely as a residence and not for navigation; 42
43
(b) Any boat or vessel represented as a place of business or a 44
professional or other commercial enterprise; or 45
46
(b c) Any boat or vessel for which a declaration of domicile has been filed 47
pursuant to F.S. §222.17.; or 48
Page 2 of 2
1
(c) Any boat or vessel used as a residence that does not have an effective 2
means of propulsion for safe navigation. 3
4
A commercial fishing boat or vessel is expressly excluded from this 5
definition. 6
7
* * * 8
9
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 10
the Village of North Palm Beach, Florida. 11
12
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 13
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 14
such holding shall not affect the remainder of this Ordinance. 15
16
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 17
conflict herewith are hereby repealed to the extent of such conflict. 18
19
Section 6. This Ordinance shall take effect immediately upon adoption. 20
21
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 22
23
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 24
______________, 2024. 25
26
27
28
(Village Seal) 29
MAYOR 30
31
32
ATTEST: 33
34
35
VILLAGE CLERK 36
37
38
APPROVED AS TO FORM AND 39
LEGAL SUFFICIENCY: 40
41
42
VILLAGE ATTORNEY 43
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Samia Janjua, Deputy Village Manager
DATE: July 18, 2024
SUBJECT: RESOLUTION – Establishing a Tentative Millage Rate for FY 2024-2025 & setting the 1st Public Hearing
Pursuant to Section 200.065(2)(b), Florida Statutes, the Village must advise the County Property
Appraiser of its “tentative” millage rate and the date, time, and place of its first September millage
and budget hearing. The Administration is recommending a tentative millage rate of 7.4900 mils
The Village has no outstanding general obligation bond debt; therefore, the combined total millage
rate of the Village would equal 7.4900 mils. The tentative millage rate is 16.19% above the
“rolled-back” rate (RBR) of 6.4464 mils.
The tentative millage rate that is being considered for approval at tonight’s meeting establishes
the maximum millage rate the Village may consider and approve at its September public hearings
(without additional notice being provided to each taxpayer). The rate may always be reduced.
Additionally, adoption of the tentative millage rate of 7.4900 in September as the final ad valorem
millage rate for the Village would require a two-thirds vote of the Village Council:
Description Millage Rate % increase over
RBR
Rolled-back Rate $6.4464 mils 0.00%
Majority Vote Maximum $6.8132 mils 5.69%
Two-Thirds Vote Maximum $7.4945 mils 16.26%
The attached Resolution has been prepared/reviewed by your Village Attorney for legal
sufficiency.
Recommendation:
Village staff recommends Council consideration and approval of the attached
Resolution establishing a “tentative” operating millage rate of 7.4900 and a debt
service millage rate of 0.0000 respectively (for a total millage rate of 7.4900) and
setting the first Public Hearing on the tentative budget and proposed millage rate
for Thursday, September 12, 2024 at 6:00 P.M.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE
RATE OF 7.4900 MILS FOR FISCAL YEAR 2025; ESTABLISHING A DATE,
TIME, AND PLACE FOR THE FIRST HEARING ON THE TENTATIVE
BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE
VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM
BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 200.065(2)(b), Florida Statutes, the Village Council is required
to advise the Palm Beach County Property Appraiser of its proposed millage rate, its rolled back
rate, and the date, time, and place of the first public hearing to consider the proposed millage rate
and tentative budget.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The Village Council hereby adopts a tentative millage rate of 7.4900 for General
Operating Budget purposes and a tentative millage rate of 0.0000 for Debt Service, for a total
combined millage rate of 7.4900 mils for Fiscal Year 2025. The tentative millage rate is 16.19%
above the rolled back rate of 6.4464 mils.
Section 2. The Village Council hereby establishes Thursday, September 12, 2024 at 6:00 p.m.
as the date and time of the first hearing on the tentative budget and proposed millage rate. The
public hearing shall be held at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida,
33408.
Section 3. The Village Manager is hereby authorized and directed to submit forms DR-420
(Certification of Taxable Value) and DR-420 MM-P (Municipality Maximum Millage Levy
Calculation) to the Palm Beach County Property Appraiser’s Office.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF _____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
MAXIMUM MILLAGE LEVY CALCULATION
PRELIMINARY DISCLOSURE
For municipal governments, counties, and special districts
DR-420MM-P
R. 5/12
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
Year:County:
Principal Authority :Taxing Authority:
1.(1)Is your taxing authority a municipality or independent special district that has levied
ad valorem taxes for less than 5 years?Yes No
IF YES, STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation.
2.(2)per $1,000Current year rolled-back rate from Current Year Form DR-420, Line 16
3.Prior year maximum millage rate with a majority vote from 2023 Form DR-420MM, Line 13 per $1,000 (3)
4.(4)per $1,000Prior year operating millage rate from Current Year Form DR-420, Line 10
If Line 4 is equal to or greater than Line 3, skip to Line 11. If less, continue to Line 5.
Adjust rolled-back rate based on prior year majority-vote maximum millage rate
5.(5)Prior year final gross taxable value from Current Year Form DR-420, Line 7 $
6.(6)$Prior year maximum ad valorem proceeds with majority vote
(Line 3 multiplied by Line 5 divided by 1,000)
7.(7)$Amount, if any, paid or applied in prior year as a consequence of an obligation
measured by a dedicated increment value from Current Year Form DR-420 Line 12
8.(8)Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7)$
9.Adjusted current year taxable value from Current Year form DR-420 Line 15 $(9)
10.Adjusted current year rolled-back rate (Line 8 divided by Line 9, multiplied by 1,000)per $1,000 (10)
Calculate maximum millage levy
11.(11)Rolled-back rate to be used for maximum millage levy calculation
(Enter Line 10 if adjusted or else enter Line 2)per $1,000
12.Adjustment for change in per capita Florida personal income (See Line 12 Instructions)(12)
13.Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12)(13)per $1,000
14.Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10)per $1,000 (14)
15.Current year proposed millage rate per $1,000 (15)
16.(16)Minimum vote required to levy proposed millage: (Check one)
a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal
to the majority vote maximum rate. Enter Line 13 on Line 17.
b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The
maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17.
c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14.
The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17.
d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17.
17.The selection on Line 16 allows a maximum millage rate of
(Enter rate indicated by choice on Line 16)(17)per $1,000
18.(18)Current year gross taxable value from Current Year Form DR-420, Line 4 $
Continued on page 2
Reset Form Print Form
2024 Palm Beach
Village of North Palm Beach Village of North Palm Beach - Operating
✔
6.4464
6.3768
6.9000
3,368,380,575
0
3,605,385,434
6.4464
6.8132
1.0569
7.4945
7.4900
✔
7.4900
3,642,089,932
DR-420MM-P
R. 5/12
Page 2
19.Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000)(19)$
20.(20)Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided
by 1,000)$
DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE. SIGN AND SUBMIT.
21.Enter the current year proposed taxes of all dependent special districts & MSTUs levying
a millage . (The sum of all Lines 19 from each district's Form DR-420MM-P)$(21)
22.Total current year proposed taxes (Line 19 plus Line 21)(22)$
Total Maximum Taxes
23.(23)Enter the taxes at the maximum millage of all dependent special districts & MSTUs
levying a millage (The sum of all Lines 20 from each district's Form DR-420MM-P)$
24.Total taxes at maximum millage rate (Line 20 plus Line 23)(24)$
Total Maximum Versus Total Taxes Levied
25.Are total current year proposed taxes on Line 22 equal to or less than total taxes at the
maximum millage rate on Line 24? (Check one)YES NO (25)
S
I
G
N
H
E
R
E
Taxing Authority Certification
I certify the millages and rates are correct to the best of my knowledge. The millages
comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s.
200.081, F.S.
Signature of Chief Administrative Officer :Date :
Title :Contact Name and Contact Title :
Mailing Address :Physical Address :
City, State, Zip :Phone Number :Fax Number :
Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation-Preliminary Disclosure, to
your property appraiser with the form DR-420, Certification of Taxable Value.
Instructions on page 3
Taxing Authority :
27,279,254
27,279,254
0
27,279,254
0
27,279,254
✔
DR-420MM-P
R. 5/12
Page 3
MAXIMUM MILLAGE LEVY CALCULATION
PRELIMINARY DISCLOSURE
INSTRUCTIONS
General Instructions
Each of the following taxing authorities must
complete a DR-420MM-P.
• County
• Municipality
• Special district dependent to a county or
municipality
• County MSTU
• Independent special district, including water
management districts
• Water management district basin
Voting requirements for millages adopted by a
two-thirds or a unanimous vote are based on the
full membership of the governing body, not on
the number of members present at the time of
the vote.
This form calculates the maximum tax levy for
2024 allowed under s. 200.065(5), F.S. Counties
and municipalities, including dependent special
districts and MSTUs, which adopt a tax levy at the
final hearing higher than allowed under s.
200.065, F.S., may be subject to the loss of their
half-cent sales tax distribution.
DR-420MM-P shows the preliminary maximum
millages and taxes levied based on your
proposed adoption vote. Each taxing authority
must complete, sign, and submit this form to
their property appraiser with their completed
DR-420, Certification of Taxable Value.
The vote at the final hearing and the resulting
maximum may change. After the final hearing,
each taxing authority will file a final Form
DR-420MM, Maximum Millage Levy Calculation
Final Disclosure, with Form DR-487, Certification
of Compliance, with the Department of Revenue.
Specific tax year references in this form are
updated each year by the Department.
Line Instructions
Lines 5-10
Only taxing authorities that levied a 2024 millage rate less
than their maximum majority vote rate must complete these
lines. The adjusted rolled-back rate on Line 10 is the rate
that would have been levied if the maximum vote rate for
2024 had been adopted. If these lines are completed, enter
the adjusted rate on Line 11.
Line 12
This line is entered by the Department of Revenue. The
same adjustment factor is used statewide by all taxing
authorities. It is based on the change in per capita Florida
personal income (s. 200.001(8)(i), F.S.), which Florida Law
requires the Office of Economic and Demographic Research
to report each year.
Lines 13 and 14
Millage rates are the maximum that could be levied with a
majority or two-thirds vote of the full membership of the
governing body. With a unanimous vote of the full
membership (three-fourths vote of the full membership if
the governing body has nine or more members) or a
referendum, the maximum millage rate that can be levied is
the taxing authority’s statutory or constitutional cap.
Line 16
Check the box for the minimum vote necessary at the final
hearing to levy your adopted millage rate.
Line 17
Enter the millage rate indicated by the box checked in Line
16. If the proposed millage rate is equal to or less than the
majority vote maximum millage rate, enter the majority vote
maximum. If a two-thirds vote, a unanimous vote, or a
referendum is required, enter the proposed millage rate. For
a millage requiring more than a majority vote, the proposed
millage rate must be entered on Line 17, rather than the
maximum rate, so that the comparisons on Lines 21 through
25 are accurate.
All TRIM forms for taxing authorities are available on our website at
http://floridarevenue.com/property/Pages/Forms.aspx
CERTIFICATION OF TAXABLE VALUE
DR-420
R. 5/12
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
Year :County :
Principal Authority :Taxing Authority :
SECTION I : COMPLETED BY PROPERTY APPRAISER
1.Current year taxable value of real property for operating purposes $(1)
2.Current year taxable value of personal property for operating purposes $(2)
3.(3)Current year taxable value of centrally assessed property for operating purposes $
4.(4)Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)$
5.(5)
Current year net new taxable value (Add new construction, additions, rehabilitative
improvements increasing assessed value by at least 100%, annexations, and tangible
personal property value over 115% of the previous year's value. Subtract deletions.)
$
6.(6)Current year adjusted taxable value (Line 4 minus Line 5)$
7.(7)$Prior year FINAL gross taxable value from prior year applicable Form DR-403 series
8.(8)Does the taxing authority include tax increment financing areas? If yes, enter number
of worksheets (DR-420TIF) attached. If none, enter 0
Number
9.(9)
NumberDoes the taxing authority levy a voted debt service millage or a millage voted for 2
years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of
DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0
SIGN
HERE
Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge.
Date :
SECTION II : COMPLETED BY TAXING AUTHORITY
If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and
possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-.
10.Prior year operating millage levy (If prior year millage was adjusted then use adjusted
millage from Form DR-422) (10)per $1,000
11.(11)Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000)$
12.(12)$Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a
dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms)
13.
14.
(13)
(14)
Adjusted prior year ad valorem proceeds (Line 11 minus Line 12)$
$Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms)
15.(15)$Adjusted current year taxable value (Line 6 minus Line 14)
16.Current year rolled-back rate (Line 13 divided by Line 15, multiplied by 1,000) per $1000 (16)
17.(17)per $1000Current year proposed operating millage rate
18.(18)
$
Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided
by 1,000)
Continued on page 2
YES NO
YES NO
Signature of Property Appraiser:
Reset Form Print Form
2024 Palm Beach
Village of North Palm Beach Village of North Palm Beach - Operating
3,583,691,646
58,398,286
0
3,642,089,932
36,704,498
3,605,385,434
3,368,380,575
0
0
6/26/2024 9:17:01 AM
6.9000
23,241,826
0
23,241,826
0
3,605,385,434
6.4464
7.4900
27,279,254
✔
✔
Electronically Certified by Property Appraiser
DR-420
R. 5/12
Page 2
19.TYPE of principal authority (check one)County Independent Special District
(19)
Municipality Water Management District
(20)20.
Applicable taxing authority (check one)Principal Authority Dependent Special District
MSTU Water Management District Basin
21.(21)Is millage levied in more than one county? (check one)Yes No
DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE - SIGN AND SUBMIT
22.
(22)$
Enter the total adjusted prior year ad valorem proceeds of the principal authority, all
dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420
forms)
23.Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000)(23)per $1,000
24.(24)$Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 1,000)
25.(25)$
Enter total of all operating ad valorem taxes proposed to be levied by the principal
taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all
DR-420 forms)
(26)Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied
by 1,000)per $1,000
(27)Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by
Line 23, minus 1, multiplied by 100)
%
S
I
G
N
H
E
R
E
Taxing Authority Certification
I certify the millages and rates are correct to the best of my knowledge.
The millages comply with the provisions of s. 200.065 and the provisions of
either s. 200.071 or s. 200.081, F.S.
Date :
Title :Contact Name and Contact Title :
Mailing Address :Physical Address :
City, State, Zip :Phone Number :Fax Number :
Instructions on page 3
First public
budget hearing
Date :Time :Place :
27.
26.
Signature of Chief Administrative Officer :
✔
✔
✔
23,241,826
6.4464
23,478,369
27,279,254
7.4900
16.1900
9/12/2024 18:00:00 EST
501 US Highway One North Palm Beach 33408
DR-420
R. 5/12
Page 3
CERTIFICATION OF TAXABLE VALUE
INSTRUCTIONS
“Principal Authority” is a county, municipality, or independent special district (including water management districts).
“Taxing Authority” is the entity levying the millage. This includes the principal authority, any special district dependent to the
principal authority, any county municipal service taxing unit (MSTU), and water management district basins.
Each taxing authority must submit to their property appraiser a DR-420 and the following forms, as applicable:
· DR-420TIF, Tax Increment Adjustment Worksheet
· DR-420DEBT, Certification of Voted Debt Millage
· DR-420MM-P, Maximum Millage Levy Calculation - Preliminary Disclosure
Section I: Property Appraiser
Use this DR-420 form for all taxing authorities except school
districts. Complete Section I, Lines 1 through 9, for each county,
municipality, independent special district, dependent special
district, MSTU, and multicounty taxing authority. Enter only
taxable values that apply to the taxing authority indicated. Use a
separate form for the principal authority and each dependent
district, MSTU and water management district basin.
Line 8
Complete a DR-420TIF for each taxing authority making
payments to a redevelopment trust fund under Section 163.387
(2)(a), Florida Statutes or by an ordinance, resolution or
agreement to fund a project or to finance essential infrastructure.
Check "Yes" if the taxing authority makes payments to a
redevelopment trust fund. Enter the number of DR-420TIF forms
attached for the taxing authority on Line 8. Enter 0 if none.
Line 9
Complete a DR-420DEBT for each taxing authority levying either
a voted debt service millage (s.12, Article VII, State Constitution)
or a levy voted for two years or less (s. 9(b), Article VII, State
Constitution).
Check “Yes” if the taxing authority levies either a voted debt
service millage or a levy voted for 2 years or less (s. 9(b), Article
VII, State Constitution). These levies do not include levies
approved by a voter referendum not required by the State
Constitution. Complete and attach DR-420DEBT. Do not
complete a separate DR-420 for these levies.
Send a copy to each taxing authority and keep a copy. When the
taxing authority returns the DR-420 and the accompanying forms,
immediately send the original to:
Florida Department of Revenue
Property Tax Oversight - TRIM Section
P. O. Box 3000
Tallahassee, Florida 32315-3000
Section II: Taxing Authority
Complete Section II. Keep one copy, return the original and
one copy to your property appraiser with the applicable
DR-420TIF, DR-420DEBT, and DR-420MM-P within 35 days
of certification. Send one copy to the tax collector. “Dependent
special district” (ss. 200.001(8)(d) and 189.403(2), F.S.)
means a special district that meets at least one of the
following criteria:
z The membership of its governing body is identical to that of
the governing body of a single county or a single
municipality.
z All members of its governing body are appointed by the
governing body of a single county or a single
municipality.
z During their unexpired terms, members of the special
district's governing body are subject to removal at will by
the governing body of a single county or a single
municipality.
z The district has a budget that requires approval through an
affirmative vote or can be vetoed by the governing body
of a single county or a single municipality.
"Independent special district” (ss. 200.001(8)(e) and 189.403
(3), F.S.) means a special district that is not a dependent
special district as defined above. A district that includes more
than one county is an independent special district unless the
district lies wholly within the boundaries of a single
municipality.
“Non-voted millage” is any millage not defined as a “voted
millage” in s. 200.001(8)(f), F.S.
Lines 12 and 14
Adjust the calculation of the rolled-back rate for tax increment
values and payment amounts. See the instructions for
DR-420TIF. On Lines 12 and 14, carry forward values from
the DR-420TIF forms.
Line 24
Include only those levies derived from millage rates.
All TRIM forms for taxing authorities are available on our website at
http://dor.myflorida.com/dor/property/trim
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jamie Mount, Asst. Director Public Works
DATE: July 18, 2024
SUBJECT: MOTION – Approval of Final Payment in the amount of $108,745.42 to Ranger
Construction Industries, Inc. for the 2024 Milling and Resurfacing of various
roadways throughout the Village of North Palm Beach.
Village Staff is recommending approval of Change Order 1 in the negative amount of ($40,339.46) and
final payment in the amount of $108,745.42 to reflect the completed milling and resurfacing of various
roadways throughout the Village of North Palm Beach. The Village has received a payment request from
Ranger Construction Industries, Inc. representing the final payment of the contract.
Background:
The project milled and resurfaced various roadways throughout the Village in order to extend the service
life of these roadways. The roadways were selected based on a pavement condition study that assessed
the condition of each roadway surface. The contractor matched the existing grades as close as possible,
made reasonable efforts to minimize excessive asphalt reveals at existing driveways, and resolved all
punch list items.
Change Order No. 1 decreased the original contract amount, referenced above, as a result of reduced
quantities of asphalt being needed for resurfacing.
The Village’s purchasing policies and procedures require Village Council approval for: (1) change orders
in excess of $25,000; and (2) final closeout and release of retainage for all projects exceeding
$100,000.00.
Original Contract Amount $ 1,127,793.63
Change Order One (CO 1) $ (40,339.46)
Revised Contract Amount $ 1,087,454.17
Credit (Previous Payment) $ 978,708.75
Final Contract Amount: $ 108,745.42
Recommendation:
Village Staff recommends Council approval of Change Order 1 in the negative amount of
($40,339.46) and the Final Payment in the amount of $108,745.42 to Ranger Construction
Industries, Inc. for the Milling and Resurfacing in accordance with Village policies and
procedures.
Change Order No. 1
Date of Issuance: 6/28/2024 Effective Date: 6/28/2024
Owner: Village of North Palm Beach Owner's Task Order No.:
Contractor: Ranger Construction Industries, Inc. (Ranger) Contractor’s Project No.: 300-1093
Engineer: N/A Engineer's Project No.:
Project: Milling and Resurfacing – FY 23/24
The Contract is modified as follows upon execution of this Change Order:
Description: Change Order No. 1 decreased the original contract amount as a result of reduced quantities of
asphalt needed for resurfacing.
Attachments: None.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
Original Contract Price: Original Contract Times:
Substantial Completion:
$ 1,127,793.63 Ready for Final Payment:
days or dates
Decrease from approved Change Orders No. 1: [Increase] [Decrease] from previously approved Change
Orders No. to No. :
Substantial Completion:
$ (40,339.46) Ready for Final Payment:
days
Contract Price incorporating this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ 1,087,454.17 Ready for Final Payment:
days or dates
Decrease of Change Order 2: [Increase] [Decrease] of this Change Order:
Substantial Completion:
$ N/A Ready for Final Payment:
days or dates
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ N/A Ready for Final Payment:
days or dates
RECOMMENDED: ACCEPTED: ACCEPTED:
By: By: By:
Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)
Title: Title
Title
Date: Date
Date
Approved by Funding Agency (if
applicable)
By: Date:
Title:
Jamie Timming, Vice President
6/28/2024
Jamie R Timming
Digitally signed by Jamie R Timming
DN: CN=Jamie R Timming,
dnQualifier=A01410C00000187B3564F000002DDE6,
O=RANGER CONSTRUCTION INDUSTRIES, C=US
Date: 2024.06.28 10:28:48-04'00'
CERTIFICATEOFCONTRACTCOMPLETIONandCONTRACTOR’SAFFIDAVITCONTRACTOR:RangerConstructionIndustries.Inc.CONTRACTFOR:Mill&ResurfaceSpecifiedVillageRoadways(R2024-16/P000102324)CONTRACTDATE:February22.2024ICERTIFY:That theworkundertheabovenamedcontract,includingallamendmentsthereto.hasbeensatisfactorily completed:thatallchargesorbillsforlabororservicesperformedormaterialsfurnished,andotherchargesagainsttheproject.includingthoseincurredbySubcontractors,have beenpaidinfullandinaccordancewiththetennsofthecontract:thatnolienshaveattachedagainstthepropertyandimprovementsofOwner:thatnonoticeofintentiontoclaimliensisoutstanding:thatnosuitsarependingbyreasonsofworkontheprojectunderthecontract:thatallWorkmen’sCompensationclaimshavebeensettledandthatnopublicliability claimsarepending.Affidavitismadeforthepurposeofobtainingfinalpaymentonsaidcontract.(optiaetor:DigitallysignedbyJamieJamieRTimmingTimmingDate.2024.06.1610:59:34-0400SignatureJamieTimmingPrintNameVicePresidentPrintTitleSTATEOFFLORIDA)SSCOUNTYOFPalmBeachlheforegoinginstrumentnassxvorntoandsubscribedbeforemevia[xlphysicalpresenceor[IonlnenotarizationthisIEbdayofJune.2024.byJamieTimining.theVicePresidentof_RangerConstructionlnUustries,Inc.,onbehalfofthedfnpahvwhois[x]personallyknowntomeorhasproduced[ ]personallyknownasidentification.NOF7WUBLIC.StateofFloridaPrintname:r-c5o¼s,C74,NotaryPublicMyCommissionExpires-.StateofFloridaComnHH4g52
WAiVERANDRELEASEOFLIENUPONFINALPAYMENTTheundersignedlienor,inconsiderationoftheFinalPaymentintheamountof$108,745.42herebywaivesandreleasesitslienandrighttoclaimalienforlabor,services.and/ormaterialsfurnishedtoVillageofNorthPalmBeachforimprovementstothefollowingdescribedproperty:VillageofNorthPalmBeachMillandResurfaceVONPBResolutionNo.R2024-16VONPB PurchaseOrderNo.00102324DATEDonJune18th,2024LienorsNameRangerConstructionIndustries,Inc.Address1645N.CongressAvenueByPrintNameTitleWestPalmBeach,FL.33409.,,DigitallysignedbyJam’eJamieRTimmingTimmingDale.2024.06-18‘059.08-0400JamieTimmingVicePresidentSTATEOFFLORIDACOUNTYOFPalmBeach)SSTheforegoinginstrumentwassworntoandsubscribedbeforemevia[x]physicalpresenceor*NotaryPublicStateofFloridaComrn#HH49524QMyCommissionExpires:PiItZ’21/2O28onlinenotarizationthis18thdayofJune,2024,byJamieTimmingtheVicePresidentofRangerConstructionIndustries,Inc.,onbehalfofthecompanywhois[x]personallyknowntomeor hasproduced[]PersonallyKnownToMeasidentification.GREGORSaES1REUANoTpyPUBLIC,StateofFloridaPrintname:
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PAGE 1 OF 1
CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side)
AIA Document G703, APPLICATION AND CERTIFICATE FOR PAYMENT,APPLICATION NO.:1
containing Contractor's signed Certification, is attached.APPLICATION DATE:6/5/2024
In tabulations below, amounts are stated to the nearest dollar.PERIOD TO:5/30/2024
Use Column I on Contracts where variable retainage for line items may apply.CONTRACTOR PROJECT #:300-1093
A B C D E F H I J
MATERIALS BALANCE
ITEM PRESENTLY % TO RETAINAGE
NO.DESCRIPTION OF WORK Unit QTY Unit Price Amount QTY Amount QTY Amount STORED (G / C) FINISH
(NOT IN QTY Amount (C - G)
D OR E)(D+E+F)
Zone 1
MOBILIZATION FOR THE WHOLE PROJECT LS 1.00 $ 90,000.00 90,000.00$ -$ 1.00 90,000.00$ 90,000.00$ 100%-$ 9,000.00$
MILL EXISTING ASPHALT PAVEMENT RESIDENTIAL RDWYS SY 36,431.00 $ 2.10 76,505.10$ -$ 36,431.00 76,505.10$ 76,505.10$ 100%-$ 7,650.51$
SUPERPAVE ASP CONC SP9.5 LEVEL C OR S-III (>500 TONS) RESIDENTAL RDWYS TN 1,956.67 $ 115.00 225,017.05$ -$ 1,956.67 225,017.05$ 225,017.05$ 100%-$ 22,501.71$
PORTABLE MILLING MACHINE HR 24.00 $ 230.00 5,520.00$ -$ 24.00 5,520.00$ 5,520.00$ 100%-$ 552.00$
BITUMINOUS ADJUSTMENT LS 1.00 $ 15,982.89 15,982.89$ -$ 1.00 15,982.89$ 15,982.89$ 100%-$ 1,598.29$
Zone 2
MILL EXISTING ASPHALT PAVEMENT RESIDENTIAL RDWYS SY 63,064.00 $ 2.10 132,434.40$ -$ 63,064.00 132,434.40$ 132,434.40$ 100%-$ 13,243.44$
SUPERPAVE ASP CONC SP9.5 LEVEL C OR S-III (>500 TONS) RESIDENTAL RDWYS TN 3,497.60 $ 115.00 402,224.00$ -$ 3,497.60 402,224.00$ 402,224.00$ 100%-$ 40,222.40$
PORTABLE MILLING MACHINE HR 48.00 $ 230.00 11,040.00$ -$ 48.00 11,040.00$ 11,040.00$ 100%-$ 1,104.00$
BITUMINOUS ADJUSTMENT LS 1.00 $ 27,077.10 27,077.10$ -$ 1.00 27,077.10$ 27,077.10$ 100%-$ 2,707.71$
Zone 3
MILL EXISTING ASPHALT PAVEMENT RESIDENTIAL RDWYS 1/2
DY 1.00 $ 8,000.00 8,000.00$ -$ 1.00 8,000.00$ 8,000.00$ 100%-$ 800.00$
SUPERPAVE ASP CONC SP12.5 LEVEL C OR S-I (>500 TONS) RESIDENTAL RDWYS TN 120.67 $ 120.00 14,480.40$ -$ 120.67 14,480.40$ 14,480.40$ 100%-$ 1,448.04$
PORTABLE MILLING MACHINE SY 8.00 $ 230.00 1,840.00$ -$ 8.00 1,840.00$ 1,840.00$ 100%-$ 184.00$
BITUMINOUS ADJUSTMENT LS 1.00 $ 989.90 989.90$ -$ 1.00 989.90$ 989.90$ 100%-$ 98.99$
Zone 4
MILL EXISTING ASPHALT PAVEMENT RESIDENTIAL RDWYS 1/2
DY 1.00 $ 8,000.00 8,000.00$ -$ 1.00 8,000.00$ 8,000.00$ 100%-$ 800.00$
SUPERPAVE ASP CONC SP9.5 LEVEL C OR S-III (>500 TONS) RESIDENTAL RDWYS TN 197.63 $ 120.00 23,715.60$ -$ 197.63 23,715.60$ 23,715.60$ 100%-$ 2,371.56$
PORTABLE MILLING MACHINE HR 8.00 $ 230.00 1,840.00$ -$ 8.00 1,840.00$ 1,840.00$ 100%-$ 184.00$
BITUMINOUS ADJUSTMENT LS 1.00 $ 1,621.23 1,621.23$ -$ 1.00 1,621.23$ 1,621.23$ 100%-$ 162.12$
Zone 5
MILL EXISTING ASPHALT PAVEMENT RESIDENTIAL RDWYS 1/2
DY 1.00 $ 8,000.00 8,000.00$ -$ 1.00 8,000.00$ 8,000.00$ 100%-$ 800.00$
SUPERPAVE ASP CONC SP9.5 LEVEL C OR S-III (>500 TONS) RESIDENTAL RDWYS TN 234.85 $ 120.00 28,182.00$ -$ 234.85 28,182.00$ 28,182.00$ 100%-$ 2,818.20$
PORTABLE MILLING MACHINE HR 8.00 $ 230.00 1,840.00$ -$ 8.00 1,840.00$ 1,840.00$ 100%-$ 184.00$
BITUMINOUS ADJUSTMENT LS 1.00 $ 1,926.56 1,926.56$ -$ 1.00 1,926.56$ 1,926.56$ 100%-$ 192.66$
SUBTOTAL - ORIGINAL CONTRACT 1,086,236.23$ -$ 1,086,236.23$ -$ 1,086,236.23$ 100.00%-$ 108,623.62$
CHANGE ORDERS
CO#1 LS 1.00 $ 1,217.94 1,217.94$ -$ 1.00 1,217.94$ 1.00 1,217.94$ 100%-$ 121.79$
-$ -$ -$ - -$ #DIV/0!-$ -$
-$ -$ -$ - -$ #DIV/0!-$ -$
SUBTOTAL - CHANGE ORDERS 1,217.94$ -$ 1,217.94$ -$ 1,217.94$ 100.00%-$ 121.79$
TOTAL $1,087,454.17 -$ 1,087,454.17$ -$ 1,087,454.17$ 100%-$ 108,745.42$
108,745.42$
-$ 978,708.75$ 978,708.75$ G703
G
TOTAL
COMPLETED AND STORED
TO DATE
ORIGINAL CONTRACT CURRENTPREVIOUS
Page 1 of 6
CONTRACT
This Contract is made as of this 22nd day of February, 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 RANGER CONSTRUCTION
INDUSTRIES, INC., a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number
is 59-2098662.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to perform milling and resurfacing on
specified Village roadways broken down into three zones; and
WHEREAS, Palm Beach County, through its competitive selection process, awarded an Annual
Milling and Resurfacing Contract (Project No. 2021050) (“PBC Contract”) to CONTRACTOR;
and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based
on the pricing established in the PBC Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the PBC Contract, including all
terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. PBC Contract. The Palm Beach County Annual Milling and Resurfacing Contract (Project
No. 2021050) (“PBC Contract”) with CONTRACTOR, attached hereto as Exhibit “A,” is
incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the PBC Contract and at the direction of
the VILLAGE, CONTRACTOR shall perform the services in accordance with its Quotation
Requests dated January 18, 2024, copies of which is attached hereto as Exhibit “B” and
incorporated herein by reference.
B. The total cost of such services shall not exceed One Million One Hundred Twenty-Seven
Thousand Seven Hundred Ninety-Three Dollars and Sixty-Three Cents ($1,127,793.63),
subject to adjustments based on the actual quantities in accordance with the unit pricing set forth
in CONTRACTOR’S Proposal.
DocuSign Envelope ID: 1F2D69B2-C8E6-4A71-A782-48292B05CD4C
Page 2 of 6
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within one hundred and twenty
120) days of the VILLAGE’s issuance of the notice to proceed.
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (PBC Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without
prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE
for review and approval by the VILLAGE’s representative, indicating that goods and services have
been provided and rendered in conformity with this Contract, and they then will be sent to the
Finance Department for payment. Invoices will normally be paid within thirty (30) days following
the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental
damages for claims, disputes or other matters in question arising out of or relating to this Contract.
In order for both parties herein to close their books and records, CONTRACTOR will clearly state
final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all
goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the PBC Contract. Extensions or
renewals to the PBC Contract or any modification including new products, terms, or price changes
to the PBC Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the
event the PBC Contract expires and no new contract is let by the PBC, VILLAGE reserves the
right, upon written agreement with CONTRACTOR to renew this Contract under the same terms
and conditions for an additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing
ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR
upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination,
CONTRACTOR waives any claims for damages from such termination, including, but not limited
to, loss of anticipated profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE
shall pay CONTRACTOR for work performed and accepted through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the PBC Contract, with the VILLAGE named as an additional insured.
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8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in §
768.28, Florida Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and
comply with all applicable federal, state and local laws, regulations and ordinances, including, but
by no means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the PBC Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at CONTRACTOR’s place of business. Under no circumstances
will CONTRACTOR be required to disclose any confidential or proprietary information regarding
its products and service costs.
12. Payment and Performance Bond. As required by Section 255.05(1), Florida Statutes,
CONTRACTOR shall record in the public records a statutory payment and performance bond prior
to commencing the work.
13. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
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B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. The parties knowingly, voluntarily and intentionally waive any right they may have
to trial by jury with respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover
reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as
court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract,
or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision
of this Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are
in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
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H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE’s custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority
to investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and
its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract justifying termination.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
RANGER CONSTRUCTION INDUSTRIES, INC.
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: 1F2D69B2-C8E6-4A71-A782-48292B05CD4C
Jamie Timming
Vice President
PUBLICCONSTRUCTIONBONDBONDNUMBER:107959565BONDAMOUNT:51,127,793.63CONTRACTAMOUNT.81.127.793.63CONTRACTOR’SNAMERangerConstructionIndustries,Inc.CONTRACTOR’SADDRESS:1645N.CongressAve.WestPalmBeach,FL33409CONTRACTOR’SPHONE.561-793-9400SURETYCOMPANYTravelersCasualn’andSurewCompanyof AmericaSURETYADDRESS.OneTowerSquareHartford,CT06183SURETYPHONE:800-842-8496OWNER’SNAME:VillageofNorthPalmBeachOWNER’SADDRESS505U.S.HighwayOneNorthPalmBeach,FL33408OWNER’SPHONE:361-841-3365PROJECTNON/ADESCRIPTIONOFWORK.AsphaltMillingandPavingVillageRoadwaysPavinginZONE1,ZONE2(2-1&2-2),ZONE3,ZONE4,ZONE5PROJECTLOCATIONVariouslocationsintheVillageofNorthPalmBeachSeeDescriptionofWork.LEGALDESCRIPTIONNolegaldescriptionisavailable.ThebestdescriptionavailableisindicatedintheProjectLocationabove.PCB-1
PUBLICCONSTRUCTIONBONDThisBondisissuedinfavoroftheCountyconditionedonthefullandfaithfulperformanceoftheContract.KNOWALLMENBYTFffiSEPRESENTS:thatContractor (Principal)andSurety,areheldandfirmlyboundunto:VillageofNorthPalmBeach505U.S.HighwayOneNorthPalmBeach,Florida33408AsObligee,hereincalledVillage,fortheuseandbenefitofclaimantasherein below defined,intheamountof:$1,127,793.63forthepaymentwhereofPrincipalandSuretybindthemselves,theirheirs,personalrepresentatives,executors,administrators,successorsandassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,Principalhasbywritten agreementdatedFebruary22,2024enteredintoacontractwiththeVillagefor:ProjectName:Millingand ResurfacingServicesProjectNo.:SeePagePCB-1ProlectDescriptionSeePagePCB-lProjectLocation:SeePagePCB-1inaccordancewith DesignCriteriaDrawingsandSpecificationspreparedby:NameofEngineering/ArchitecturalFinn:TBDLocationofFirm:TBDPhone:TBDFax.TBDwhichcontractisbyreference madeaparthereofinitsentirety,andishereinafterreferredtoastheContract.THECONDITIONOFTHISBONDisthatifPrincipal:1.PerformsthecontractdatedFebruary22,2024betweenPrincipalandVillagefortheconstructionoftheprojectasdescribedabove, thecontractbeingmadepartofthisbondbyreference,atthetimesandinthemannerprescribedinthe contract;and2.Promptlymakespaymentstoallclaimants,asdefinedinSection 255.05,FloridaStatutes, supplyingPrincipalwith labor,materials,orsupplies,useddirectlyorindirectlybyPrincipalintheprosecutionofthe work providedforinthecontract;and3.PaysVillagealllosses,damages (includingliquidateddamages). expenses,costs,andattorney’sfees,includingappellateproceedings,thatVillagesustainsbecauseofadefaultbyPrincipalunderthecontract:and4.Performstheguaranteeofallworkandmatenatsfurnished underthecontractforthetime specifiedinthecontract,thenthis bondisvoid;otherwiseitremainsinfullforce.PCB-2
PUBLICCONSTRUCTIONBONDAnychangesinorunderthecontract documentsandcomplianceornoncompliancewithanyformalitiesconnectedwiththecontractorthechangesdoesnotaffectSurety’sobligationunderthisbondandSuretywaivesnoticeofsuchchanges.6.Theamountofthisbondshallbereducedbyandtotheextentofanypaymentorpaymentsmadeingoodfaithhereunder, inclusiveofthepaymentbySuretyofconstructionlienswhichmaybefiledofrecordagainstsaidimprovement,whetherornotclaimfortheamountofsuchlienbepresented underandagainstthebond.7.PrincipalandSuretyexpresslyacknowledgethatany andallprovisionsrelatingtoconsequential,delayandliquidateddamages containedinthecontractareexpresslycoveredbyandmadeapailofthisPerformance,LaborandMaterialPaymentBond.PrincipalandSuretyacknowledgethatanysuchprovisionsliewithin theirobligationsandwithin thepolicycoveragesandlimitationsofthisinstrument.8.Section255.05,FloridaStatutes,asamended,togetherwithallnoticeandtime provisionscontainedtherein,isincorporatedherein,byreference,initsentirety.Anyactioninstitutedbyaclaimant underthisbondforpaymentmustbeinaccordancewith thenoticeandtunelimitationprovisionsinSection255.05(2),FloridaStatutes.Thisinstrumentregardlessofitsform,shallbeconstruedanddeemedastatutorybondissuedinaccordancewithSection255.05,FloridaStatutes.7/By:I.—>w*Timmi4,ViccPrcsidcnt(Principal)9.AnyactionbroughtunderthisinstrumentshallbebroughtPalmBeachCountyandnotelsewhere.ATTEST:A4A(SignaturectsftLOLLI(PrintName)inthestatecourtofcompetentjurisdictioninRangerConstructionIndustrics,Inc.(Seal)ksi5TtcfrRoLL—(Title)ATTEST:c(Signature)(PrintName)WitnesstoSurety(Title)TravelersCasualtyand SuretyCompanyofAmericaBy:andFLResidentAgcnt(Surety)PCB-3
PUBLICCONSTRUCTIONBONDPROJECTNO.:N/ADESCRIPTIONOFWORKAsphatMillingaodgyjr.aV:ikeRoadwaysPavmgicZONE1,ZONE2(2-k&2-U,ZONES,ZONE4ZONE5PROJECTLOCATION.VariousIocauonsintheViilagcofNorthPalmBeachSeeDescriptionofWork.SURETYCOMPANYTravelersCasuallyandSuretyCompanyofAmericaSURETYADDRESS.OneTowerSquareT-Tartford,CT06183SURETYPHONE:800-842-8496BONDNUMBER:107959565BONDAMOUNT$112779363CONTRACTAMOUNT$1,127,793.63AstheSurerxCompanyforRangerConstructionIndustries,Inc.wehaveexecutedthecaptionedbondPCB-4
ITravelersCasualtyandSuretyCompanyofAmericaA’’”TravelersCasualtyandSuretyCompanyTRAVELERS]StPaulFireandMarineInsuranceCompanyPOWEROFATTORNEYKNOWALLMENBYTHESEPRESENTS:That TravelersCasu&tyand SuretyCompanyofAmerica.TravelersCasualtyandSuretyCompany,andSt.PaulFireandMarineInsuranceCompanyarecorporationsdulyorganizedunde,thelawsoftheStateofConnecticut(hereincoiiectivelycalledthe“Companies”),andthattheCompaniesdoherebymake,constituteand appointWILLIAM0PHELPSofMELBOURNEFlorida,theirtrueandlawfulAttomey(s)-in-Facttos!gn,executesealandacknowledgeanyandallbonds.reoognizances.conditionalundertakingsandotherwritingsobligatoryinthenaturethereofonbehalfofthe Companiesintheirbusinessofguaranteeingthefidelityofpersons,guaranteeingtheperformanceofcontractsandexecutingorguaranteeingbondsandundertakingsrequiredorpermittedinanyactionsorproceedingsallowedbylawINWITNESSWHEREOF,theCompanieshavecausedthisinstrumenttobesigned.andtheircorporatesealstobeheretoaffixed,this21stdayofApril,2021.StateofConnecticutByzZ’’..CityofHartfordss.RobertLRane/’teniorVicePresidentOnthisthe21stdayofApril,2021,beforemepersonallyappearedRobertL.Raney,whoacknowledgedhimselftobetheSeniorVicePresidentofeachottheCompanies,and thathe,assuch,beingauthorizedsotodo,executedtheforegoinginstrumentforthepurposesthereincontainedbysigningonbehalfofsaidCompaniesbyhimselfasa dulyauthorizedofficer.INWITNESSWHEREOF,Ihereuntosetmyhand andofficialseal._—2J1/OiARY\.\/J49y,’‘,MyCommissionexpiresthe30thdayofJune,2026I.I9c9./øt’)JAnnaP.Nowik,NotaryPublicThisPowerofAttomeyisgrantedunderandbytheauthorityofthefollowingresolutionsadoptedbytheBoardsofDirectorsofeachoftheCompanies,whichresolutionsarenowinfullforceand effect,readingasfollows:RESOLVED,thattheChairman,thePresident!anyViceChairman,anyExecutiveVicePresident,anySeniorVicePresident,anyVicePresident,anySecondVicePresident,theTreasurer,anyAssistantTreasurer,theCorporateSecretaryoranyAssistantSecretarymayappointAttomeys-in-FactandAgentstoactforandonbehalfoftheCompanyand maygivesuchappointeesuchauthorityashisorhercertificateofauthoritymayprescribetosignwiththe Company’snameandsealwiththeCcmpany’ssealbonds!recognizances,contractsofindemnity,andotherwritingsobligatoryinthenatureofabond,recognizance,orconditionalundertaking,andanyofsaidofficersortheBoardofDirectorsatanytimemayremoveanysuchappointeeandrevokethepowergivenhimor her;anditisFURTHER RESOLVED,thatthe Chairman,thePresident,anyViceChairman,anyExecutiveVicePresident,anySeniorVicePresidentoranyVicePresidentmaydelegatealloranypartoftheforegoingauthoritytooneormore officersoremployeesofthisCompany,providedthateachsuchdelegationisinwritingandacopythereofisfiledintheofficeoftheSecretary;anditisFURTHERRESOLVED.thatanybond,recognizance,contractofindemnity,Orwritingobligatoryinthenatureofacond,recognizance,orconditionalundertakingshallbevalidandbindingupontheCompanywhen(a)signedbythePresidentanyViceChairman,anyExecJt.veVicePresident.anySeniorVicePresidentoranyVicePresident,anySecondVicePresident,theTreasurer,anyAssistantTreasurer,theCorporateSecretaryoranyAssistantSecretaryanddulyattestedandsealedwiththeCompany’ssealbyaSecretaryorAssistantSecretary.or(b)dulyexecuted(underseal,ifrequired)byoneormoreAttorneys-in-Factand AgentspursuanttothepowerprescribedinhisorhercertificateortheircertificatesofaLthorityorbyoneormoreCompanyofficerspursuanttoawrittendelegationofauthority;anditisFURTHERRESOLVED,thatthesignatureofeachofthefollowingofficers:PresidentanyExecutiveVicePresident.anySeniorVicePresident,anyVicePresident,artyAssistantVicePresident,anySecretary,anyAss:stantSecretary,andthesealoftheCompanymaybeaffixedbyfacsimiletoanyPowerofAttorneyortoanycertificaterelatingtheretoappointingResidentVicePresidents,ResidentAssistantSecretariesorAttorneys-in.Factforpurposesonlyofexecutingandattestingbondsandundertakingsandotherwritingsobligatoryinthenaturethereof,andanysuchPowerofAttomeyorcertificatebeanngsuch facsimilesignatureorfacsimilesealshallbevalidandbindingupontheCompanyandanysuchpowersoexecutedandcertifiedbysuchfacsimilesignature andfacsimilesealshallbevalidandbindingontheCompanyinthefuturew,thvespecttoany bondorunderstandingtowhichitisattached.I.KevinE,Hughes,theundersigned,Assistant SecretaryofeachoftheCompanies,doherebycertifythattheaboveandforegoingis atrueandcorrectcopyofthePowerofAttorneyexecutedbysaidComoanies,whichremainsinflitforceandeffectDatedthis29thdayofFebruary,2024see___KevinEHughes,AssistantSecretaryToweH,ytheauthentici4’ofthisPowerofAttorney,pleasecallusat1-800-421-388aPleaserefertotheebove-namedAttorney(sfrmn-FactandthedetailsofthebondtoislichthisPowarofAttorneyisattacheS
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Members of the Village Council
THRU: Chuck Huff, Village Manager
FROM: James Anthony, Facilities Manager
DATE: July 18, 2024
SUBJECT: RESOLUTION – Approving an Amendment to the Continuing Contract for Professional Architectural Services with CPZ Architects, Inc. to accept a proposal in the amount of $169,314.40 to provide architectural and engineering services for the construction of a Wash Plant/Environmental Station at the North Palm Beach Country Club and increase the total amount of compensation for Fiscal Years 2024 and 2025.
Introduction:
Through the adoption of Resolution No. 2024-15 on February 22, 2024, the Village Council authorized
the execution of Continuing Contracts for Professional Architectural Services with four firms, including
CPZ Architects, Inc. The total amount of compensation for each consultant was limited to $50,000.00
in any given fiscal year. Village Staff is seeking Council approval of an Amendment to the Continuing
Contract to accept a proposal from CPZ Architects Inc. in the amount of $169,314.40 to provide
architectural and engineering services for the construction of a Wash Plant/Environmental Station at
the North Palm Beach Country Club (“NPBCC”) and to increase the total amount of compensation
payable to CPZ Architects to $200,000 for Fiscal Years 2024 and 2025.
Background:
For the last several years NPBCC staff has worked diligently, across the board, to bring club
operations into compliance with all industry best-practices and regulations regarding the use of
chemicals, fertilizers, water reclamation/run-off and habitat restoration. The construction of a wash
down facility and chemical storage area will be a milestone event in bringing the club up to current
industry standards in this area.
This facility will be used for vehicle wash down, chemical storage/transfer and sheltered outdoor
repairs. Closed-loop containment of vehicle wash down will mitigate harmful run-off into nearby
surface and groundwater bodies. A chemical storage and transfer area will provide a safe, contained,
environment for chemical transfer to application vehicles and immediate isolation and recovery of
spilled chemicals should it become necessary. Update of these systems is long overdue and will bring
club operations into compliance after an extended period of deferred maintenance. Both the
environmental benefits, and the increased service life of equipment maintained within this facility,
make this project a more than worthy expenditure.
The Scope of Work that CPZ Architects, Inc. and its subconsultants will perform in connection with
the Wash Plant/Environmental Station project includes the following: Schematic Design; Design
Development; Preparation of Construction Documents; Permitting; Bidding; and Construction
Administration.
Account Information:
Fund Department Account
Number
Account
Description Amount
Country Club Golf Course
Maintenance L8045-66210 Construction & Major
Renovation $169,314.40
The attached Resolution and Amendment have been prepared and/or reviewed by the Village
Attorney for legal sufficiency.
Recommendation:
Village Staff recommends Council approval of the attached Resolution approving an
Amendment to the Continuing Contract for Professional Architectural Services with CPZ
Architects Inc. to accept a proposal for architectural and engineering services for the
construction of a Wash Plant/Environmental Station at the North Palm Beach County Club
at a cost of $169,314.40, with funds expended from Account No. L8045-66210 (Golf Course
Maintenance – Construction and Major Renovation), and to increase the total amount of
compensation for Fiscal Years 2024 and 2025 to $200,000, and authorizing the Village
Manager to execute the Amendment 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 AN AMENDMENT TO THE
CONTINUING CONTRACT FOR PROFESSIONAL ARCHITECTURAL
SERVICES WITH CPZ ARCHITECTS, INC. TO ACCEPT A PROPOSAL FOR
THE CONSTRUCTION OF A NEW WATER RECLAMATION BUILDING AT
THE NORTH PALM BEACH COUNTRY CLUB AND TO INCREASE THE
TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEARS 2024 AND
2025; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2024-15, the Village Council authorized the
Village Manager to execute a Continuing Contract for Professional Architectural Services with
CPZ Architects, Inc. (“Consultant”) in an amount not to exceed $50,000 during any single fiscal
year; and
WHEREAS, the Village Council wishes to accept a proposal from Consultant for architectural and
engineering services for the construction of a new Wash Plant/Environmental Station (“Water
Reclamation Building”) at the North Palm Beach Country Club in the amount of $169,314.40 and
increase the total amount of compensation paid to Consultant during Fiscal Years 2024 and 2025
to $200,000; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Continuing
Contract for Professional Architectural Services 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 an Amendment to the Continuing Contract
for Professional Architectural Services with CPZ Architects, Inc. to accept a proposal for
architectural and engineering services for the construction of a new Water Reclamation Building
at the North Palm Beach Country Club and increase the total amount of compensation for Fiscal
Years 2024 and 2025 to $200,000, a copy of which is attached hereto and incorporated herein, and
authorizes the Village Manager to execute the Amendment on behalf of the Village. The
compensation paid to Consultant for the Water Reclamation Building project shall be expended
from Account No. L8045-66210 (Golf Course Maintenance – Construction & Major Renovation).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
Page 2 of 2
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
AMENDMENT TO CONTINUING CONTRACT FOR PROFESSIONAL SERVICES
(Architectural Services)
THIS AMENDMENT is made and entered on this _____ day of _____________, 2024, by and between
the Village of North Palm Beach, a Florida municipal corporation (“Village”) and CPZ Architects, Inc.,
a Florida corporation (“Consultant”).
RECITALS
WHEREAS, on February 22, 2024, the Village executed a Continuing Contract with Consultant for
Professional Architectural Services (“Continuing Contract”); and
WHEREAS, the Continuing Contract capped the total amount of compensation at $50,000 per fiscal year;
and
WHEREAS, the Village Council wishes to accept a proposal from Consultant for architectural and
engineering services for the construction of a new Wash Plant/Environmental Station (“Water Reclamation
Building”) at the North Palm Beach Country Club pursuant to the terms and conditions of the Continuing
Contract and increase the total amount compensation payable to Consultant.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained in the Continuing
Contract, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the
Consultant agree as follows:
1. The foregoing recitals are ratified and incorporated herein.
2. The Village approves the Proposal from Consultant dated May 8, 2024 (and revised on June 18, 2024)
for schematic design, design development, preparation of construction documents, permitting, bidding, and
construction administration for the Water Reclamation Building, a copy of which is attached hereto and
incorporated herein by reference. Consultant’s services shall be performed pursuant to the terms and conditions
of the Continuing Contract. In the event of a conflict between the terms and conditions of the Continuing
Contract and the Proposal, the terms and conditions of the Continuing Contract shall prevail. The Limitation
of Liability set forth in Section 6 of the Proposal shall be limited to the total compensation received by
Consultant pursuant to the Contract.
3. Section 5(a) of the Continuing Contract is hereby amended to increase the total amount of
compensation payable by the Village to Consultant during Fiscal Years 2024 and 2025 to Two Hundred
Thousand Dollars and No Cents ($200,000.00).
4. All other provisions of the Continuing Contract, to the extent not expressly modified herein, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Continuing
Contract for Professional Services (Architectural Services) as of the day and year set forth above.
VILLAGE OF NORTH PALM BEACH:
By: __________________________________
Charles D. Huff, Village Manager
Page 2 of 2
CONSULTANT:
CPZ ARCHITECTS, INC.
By: __________________________________
Print Name:
Title:
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 1 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
May 8th, 2024 – Revised June 18th, 2024
North Palm Beach Country Club
Attn.: Mr. Anthony James
951 US-1,
North Palm Beach, FL 33408
Re: North Palm Beach Country Club Water Reclamation Building
Dear Mr. James:
As requested, we are pleased to offer the following fee proposal to provide Architectural and Engineering
Services for the above referenced project.
PROJECT DESCRIPTION
The project scope is a new water reclamation building that will consist of (2) open bays and (2) enclosed
bays to house a new ESD system. It is our understanding that the basis of design for this building is the
wash rack complex that was recently completed in a nearby Park golf course and the 2019 sketches provided
by the Owner. However, it is also understood that there is flexibility in that design and that the Owner is
open to changes. Access to the new building, extension of the existing fencing, and the relocation, removal,
or repurposing of the existing chemical storage shed by the washdown area is also included. Per the site
walkthrough, the adjacent building has the electrical capacity to support this new building, therefore
additional electrical service will not be required.
Other assumptions:
1. The building will be required to be on a pad to prevent flooding/rain issues.
2. This will be a metal building and will be ventilated (exhaust fans) (no air conditioning)
3. There is no existing property survey and therefore surveying services will be included with this
proposal.
4. Any testing of the adjacent lake is excluded from the scope of this work.
5. The new building will be well within the property boundary, not visible from the road, and
therefore will not require to be submitted to DRC (Design Review Committee).
6. Golf course staff are knowledgeable in the processes associated with the washdown and
therefore will be involved in reviewing the plans and providing input. This effort will be
facilitated by the Owner.
7. The oak trees near the new building will remain.
8. A Phase 1 Environmental Report is included, limited to the building location only (excludes
the lake).
9. (2) Cost estimates have been included (see attached sub-consultant proposal(s)).
10. Specifications will be on the drawings. A separate CSI specifications book is not included.
11. Site plan approval (Planning and Zoning) is not anticipated and not included. This was
confirmed by the client.
12. Maintaining a design schedule is included at the Owner’s request. This will be done in an Excel
file and updated at least on a monthly basis.
13. The project will be designed in Revit.
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 2 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
14.CPZ will coordinate with ESD vendor. Per coordination with ESD vendor, they will
provide conceptual CAD files (or Revit, if available) for CPZ’s use. ESD vendor will verify
CPZ’s drawings at each phase to ensure compliance with requirements.
SCOPE OF SERVICES
TASK 1 SCHEMATIC DESIGN
1. The Schematic Design phase portion of this project we will provide the following:
a. Building Code and Planning and Zoning Code Research
b. Flood/Flood Zone Map Research
c. Prepare Life Safety Plan and Building Code Research
d. Prepare site plan with building and site access
e. Prepare Demolition Plans to include the site elements that will be removed to
accommodate new design.
f. Provide (4) elevations for all (4) sides of building
g. (2) Virtual Meetings with the Village and golf course staff to review overall
architectural designs / schematic design.
h. The above includes one (1) revision to the design based on staff input if required.
Any additional design changes that exceed revisions mentioned above will be billed
hourly at the rates stated below.
2. Structural Engineering (see attached sub-consultant proposal(s))
3. Mechanical, Electrical and Plumbing Engineering (see attached sub-consultant
proposal(s))
4. Coordination with ESD vendor.
TASK 2 DESIGN DEVELOPMENT
1. Architectural
a. Prepare Design Development plans based on the schematic design approvals.
b. Provide plan backgrounds to consultants to begin development of drawing set.
c. Coordinate systems with various consultants and various internal meetings to gauge
progress.
d. (2) Virtual Meetings with the Village and golf course staff to review overall
architectural design.
2. Civil Engineering (see attached sub-consultant proposal(s))
3. Structural Engineering (see attached sub-consultant proposal(s))
4. MEP Engineering (see attached sub-consultant proposal(s))
5.Coordination with ESD vendor.
TASK 3 CONSTRUCTION DOCUMENTS
1. Architectural
a. Prepare 100% Construction Documents and specifications in drawings.
b. (2) Virtual Meetings with the Village and golf course staff to review overall
architectural design.
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 3 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
2. Civil Engineering (see attached sub-consultant proposal(s))
a. Prepare 100% Construction Documents
3. MEP Engineering (see attached sub-consultant proposal(s))
a. Prepare 100% Construction Documents
4. Structural Engineering (see attached sub-consultant proposal(s))
a. Prepare 100% Construction Documents
5. Cost Estimating (see attached sub-consultant proposal(s))
a. 100% Construction Document detailed cost estimate. Coordination with cost
estimators and revisions included.
6.Coordination with ESD vendor.
TASK 4 PERMITTING
1. Assist in the permitting process by responding to Building Department comment reviews.
Permit processing, tracking and all submittals shall be by others.
2. Provide all Signed and Sealed drawings as required and respond to drawings as required
for all permit comments. If required, we will meet with plan reviewers to resolve any
questions.
3. Civil Permitting (see attached sub-consultant proposal(s))
i. Prepare submittal packages and submit for government agency permits with the
appropriate calculations and back-up to the following agencies:
i. South Florida Water Management District – stormwater
TASK 5 BIDDING
1. Write the RFP for the ITB (Invitation to Bid) and coordinate with Owner for
comments.
2. Attend one pre-bid meeting.
3. Review and respond to RFI’s
4. Bid evaluation / leveling and recommendation to award.
5. Civil Bidding Assistance (see attached sub-consultant proposal(s))
TASK 6 CONSTRUCTION ADMINISTRATION
1. Bi-Monthly Virtual Meetings for a 20-week period, total of 10 meetings. This includes
(1) Punchlist meeting, (1) pre-construction meeting and substantial completion
walkthrough inspection. Note: Any additional site visits will be billed at hourly rates
listed below.
i. Each site meeting, we will follow up with site meeting minutes, site photos
and/or review of pay application our fee will be hourly based.
2. Process and review submittals, and shop drawings.
i. Please note we only estimated our fee based on (2) reviews for each shop
drawings. Any additional reviews will be billed at our hourly rates listed below.
Note: Any additional submittal/shop drawing reviews will be billed at hourly
rates listed below.
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 4 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
3. Respond to Contractor RFI’s
4. Review Change Order Requests
5. Process Pay Applications
a. Civil Construction Administration (see attached sub-consultant proposal(s))
6. Structural Engineering (see attached sub-consultant proposal(s))
PROJECT SCHEDULE
We are estimating the project design schedule to be as follows. During the Construction Document
Phase, our office will coordinate with all the review and permitting agencies to determine time
required for reviews and approvals. Based on this information the schedule and timeframes may be
adjusted to reflect those review periods.
Schematic Design 3 Weeks
Design Development 3 Weeks
Construction Drawings 4 Weeks
Permitting & Bidding 6 Weeks
Construction Administration 20 Weeks
COMPENSATION
1. Compensation for architectural services shall be on a stipulated basis and in accordance
with CPZ Architects, Inc. continuing services contract, as follows:
2. Reimbursable Expenses
a. Reproductions and Prints
b. Courier Service / Permit Expediting
c. Fees paid to municipalities.
3. Compensation for architectural services shall be on an hourly basis at the rates listed
below, and in accordance with the General Conditions:
a. Principal $285 per hour
b. Architect $255 per hour
c. Senior Project Manager $200 per hour
Task Description
CPZ
Architects
Chen Moore
(Civil)
ONM&J
(Struct.)OCI (MEP)
OCI
(Fire Supp.)
Brown &
Phillips
(Survey)
Terracon
(Geotech.)
Terracon
(Environ.)
CMS
(Cost Est.)Subtotal
1 Schematic Design 8,630.00$ 625.00$ 9,255.00$
Survey 9,995.00$ 9,995.00$
Phase 1 Envir.6,200.00$ 6,200.00$
Geotechnical Rpt 8,800.00$ 8,800.00$
Utility Locates 1,500.00$ 1,500.00$
Percolation Tests 550.00$ 550.00$
2 Design Development 9,895.00$ 7,800.00$ 1,875.00$ 3,000.00$ 2,500.00$ 25,070.00$
3 Construction Documents 20,170.00$ 7,800.00$ 2,200.00$ 3,000.00$ 2,500.00$ 12,094.40$ 47,764.40$
4 Permitting 4,100.00$ 5,400.00$ 9,500.00$
5 Bidding 7,140.00$ 1,600.00$ 2,800.00$ 11,540.00$
6 Construction Administration 22,950.00$ 5,550.00$ 1,550.00$ 1,500.00$ 640.00$ 6,950.00$ 39,140.00$
Subtotal 72,885.00$ 28,150.00$ 6,250.00$ 7,500.00$ 5,640.00$ 9,995.00$ 20,600.00$ 6,200.00$ 12,094.40$ 169,314.40$
TOTAL
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 5 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
d. Project Manager $185 per hour
e. Architectural Associate 3 $140 per hour
f. Architectural Associate 2 $130 per hour
g. Architectural Associate 1 $110 per hour
h. Administration $ 95 per hour
i. Consultants (Civil, Landscape, Structural, Mechanical, Electrical Engineers, etc.)
to be reimbursed at cost billed to Architect.
EXCLUSIONS
The following items are excluded from this proposal or assumed:
1. Solar Lighting
2. Full DRC/Site Plan Approval process.
3. Architectural review committee approval process.
4. Presentation to the City Commission and Community Organizations.
5. Water & sewer As-Builts
6. As-Builts
7. Additional Surveying
8. Renderings
9.Selection of the ESD system is expected to be provided by the vendor in
coordination with the Owner. CPZ will account for coordination with the ESD
vendor.
10. Existing fuel tanks will remain.
11. Landscape architecture and irrigation services.
We thank you for the opportunity to offer you these services. If this proposal meets with your approval,
please sign this letter and return to my attention. If you have any questions, please contact me at 954-792-
8525.
Respectfully,
CPZ ARCHITECTS, INC.
Accepted on ___________2024.
By: _____________________
Title: ____________________
Chris P. Zimmerman, AIA
President
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 6 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
CPZ ARCHITECTS, INC.
GENERAL CONDITIONS, JANUARY, 2024
1.AUTHORIZATION TO PROCEED
Signing this Agreement shall be construed as authorization by CLIENT for CPZ
ARCHITECTS, INC. to proceed with the Services, unless otherwise provided for in this
Agreement.
2.DIRECT & REIMBURSABLE EXPENSES
CPZ ARCHITECTS, INC.'s Direct Expenses shall be those costs incurred on or directly for
the CLIENT'S Project, including but not limited to necessary transportation costs including
mileage at CPZ ARCHITECTS, INC.'s current rate when its automobiles are used, meals and
lodging, laboratory tests and analyses, computer services, word processing services,
telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on
the basis of actual charges when furnished by commercial sources and on the basis of usual
commercial charges when furnished by CPZ ARCHITECTS, INC. All drawing printing
expenses will be billed at $1.50 per 24”x 36” drawing sheet.
3. OPINIONS OF CONSTRUCTION COSTS
Any opinion of construction costs provided by CPZ ARCHITECTS, INC. will be on a basis
of experience and judgment. Since CPZ ARCHITECTS, INC. has no control over market
conditions or bidding procedures, CPZ ARCHITECTS, INC. does not warrant that bids or
ultimate construction costs will not vary from these opinions of costs.
4. PROFESSIONAL STANDARDS
CPZ ARCHITECTS, INC. shall be responsible, to the level of competency presently
maintained by other practicing professionals in the same type of work in CLIENT'S
community, for the professional and technical soundness, accuracy, and adequacy of all
design, drawings, specifications, and other work and materials furnished under this
Agreement. CPZ ARCHITECTS, INC. makes no warranty, expressed or implied.
5. ADDITIONAL SERVICES
Services in addition to those specified in Scope will be provided by CPZ ARCHITECTS,
INC. if authorized in writing or otherwise confirmed by CLIENT. Additional services will be
paid for by CLIENT as indicated in any Letter of Proposal, Task Authorization, or such other
document as deemed appropriate by CLIENT and CPZ ARCHITECTS, INC... In the absence
of an express agreement about compensation, CPZ ARCHITECTS, INC. shall be entitled to
an equitable adjustment to its compensation for performing such additional services.
6. LIMITATION OF LIABILITY
In recognition of the relative risks, rewards and benefits of the project to both the Client and
the Architect, the risks have been allocated so that the Client agrees, to the fullest extent
permitted by law and notwithstanding any other provisions of this Agreement, to limit the
total liability of the Architect to the Client and all subcontractors on the project, for any and
all injuries, losses, expenses, damages of any nature whatsoever or claim expenses arising out
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 7 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
of this agreement, from any cause or causes, so that the total aggregate liability of the
Architect shall not exceed the total compensation received by Architect under this Agreement
or $100,000, whichever is less. Such claims and causes include, but are not limited to, strict
liability, negligence, professional errors or omissions, breach of contract or breach of
warranty. This clause applies to all principals, directors, officers, employees, agents and
servants of the Architect.
7.DISPUTE RESOLUTION
All disputes arising out of this Agreement shall be mediated by the parties within a
reasonable time after the first request for mediation, prior to either party filing a suit in a
court of law, provided, however, that neither party shall be obligated to mediate prior to
requesting injunctive relief.
8. PAYMENT OF CPZ ARCHITECTS, INC. / INTEREST ON PAST DUE AMOUNTS
Monthly invoices will be issued by CPZ ARCHITECTS, INC. for all Services performed
under the terms of this agreement. Invoices are due and payable within 28 days of receipt.
CLIENT agrees to pay interest at the rate of 1.5% per month on all past-due amounts.
9. TERMINATION FOR NONPAYMENT OF FEES
CPZ ARCHITECTS, INC. may terminate this contract by giving written notice if any CPZ
ARCHITECTS, INC. invoice remains unpaid for more than 30 days. CPZ ARCHITECTS,
INC.’s right to terminate this contract shall not be waived by CPZ ARCHITECTS, INC.’s
continued performance during any period of investigation by CPZ ARCHITECTS, INC. to
determine the reasons for CLIENT’S nonpayment.
10. TERMINATION
Either CLIENT or CPZ ARCHITECTS, INC. may terminate this Agreement by giving 30
days’ written notice to the other party. In such event CLIENT shall forthwith pay CPZ
ARCHITECTS, INC. in full for all work previously authorized and performed prior to
effective date of termination. If no notice of termination is given, relationships and
obligations created by this Agreement shall be terminated upon completion of all applicable
requirements of this Agreement.
11. LEGAL EXPENSES
In the event legal action is brought by either party to enforce any of the obligations hereunder
or arising out of any dispute concerning the terms and conditions hereby created, Both the
CLIENT and CPZ ARCHITECTS, INC. shall be responsible for their own expenses in event
the matter is settled before trial, and in the event a final judgment is issued, the losing party
shall pay the prevailing party’s reasonable amounts for fees, costs and expenses as may be set
by the court.
12. ASSIGNMENT TO RELATED ENTITY
Notwithstanding anything in this Agreement to the contrary, in the event CPZ
ARCHITECTS, INC. is not qualified and licensed in the relevant jurisdiction to provide any
services required hereunder, CPZ ARCHITECTS, INC. may, without the consent of any
Proposal
“Designing Quality Architecture that Builds Lasting Relationships”
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA #26000685 WWW.CPZARCHITECTS.COM
Project No. 2372A
Page 8 of 8
CPZ A RCHITECTS , I NC .
MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317
1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406
200 NORTH EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FL 34957
1717 20TH STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM
other party, assign all or any part of its obligation to provide such services to an entity related
to CPZ ARCHITECTS, INC. which is qualified and licensed to provide such services in the
jurisdiction involved and which is contractually bound to CPZ ARCHITECTS, INC. to
provide such services.
13. INDIVIDUAL PROTECTION
It is intended by the parties to this Agreement that the Consultant’s services in connection
with the project shall not subject the Consultant’s individual employees, officers or directors
to any personal legal exposure for the risks associated with this project. The Owner agrees
that as the Owner’s sole and exclusive remedy, any claim, demand or suit shall be directed
and/or asserted only against the Consultant, a Florida corporation, and not against any of the
Consultant’s employees, officers or directors. PURSUANT TO SECTION 558.0035
FLORIDA STATUTES, THE CONSULTANT’S CORPORATION IS THE
RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO
PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL
EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE
INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS
CONTRACT.
14.CLIENT FURNISHED INFORMATION
CPZ ARCHITECTS, INC. will consider all information supplied by the client as accurate and
correct. Extra work, or work done over because of inaccurate or incorrect information
supplied by the client, will be paid for as additional services.
15.CONTRACT LIMITATIONS
This proposal shall expire after 60 days if unsigned, and the fees indicated shall be subject to
an increase. The Client also agrees by signing this proposal that CPZ ARCHITECTS, INC.
hourly rate shall increase after a period of one year from the date of the contract.
16. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall be held illegal,
the enforceability of the remaining provisions contained herein shall not be impaired thereby.
North Palm Beach CC Metal Building
May 2, 2024
Page 1 of 3
1655 Palm Beach Lakes Blvd., Suite 204, West Palm Beach, FL 33401 ▎ Tel: 561.835.9994 ▎ www.onmj.net
May 2, 2024
Heidi Rodriguez
CPZ Architects, Inc.
1601 Belvedere Rd., Suite 305-S
West Palm Beach, Florida 33406
Re: North Palm Beach CC Metal Building
North Palm Beach, FL
Project No.: 583.001
We are pleased to submit the following proposal for Consulting Structural Engineering Services for the subject project.
Our proposal is based on information supplied by your office. This project consists of the structural design and drafting
of a 3,000 sq. ft. metal building foundation. We will estimate the layout of the metal building columns and framing.
Our services during the schematic design phase will include the following:
1. Consult with the Architect to determine project goals and requirements.
2. Develop narrative or other media that illustrate the concepts of the design.
Our services during the design development phase will include the following:
1. Provide drawings that specify design elements.
2. Produce plans and sections that provide structural development and outline material specifications.
Our services during the construction document phase will include the following:
1. Preparation of structural drawings, which will be signed and sealed for building permit application.
Our services during construction administration phase will include the following:
1. Review of structural submittals only for their general conformance with the design concept of the project.
2. Make up to 1 field visit/meeting to the site during construction when requested by the client.
3. Responding to the Building Department or construction questions.
Our base fee for these services will be broken down as follows:
Schematic Design .................................. $ 625.00
Design Development ............................. $1,875.00
Construction Documents ....................... $2,200.00
Construction Administration ................... $1,550.00
Total .................................................. $6,250.00
If additional field visits during construction are required, they will be billed at $500.00 per visit, plus expenses, but only if
requested by the client.
Early release structural drawings require two (2) permitting processes and are not included in our base fee.
We assume the structure is located above the floodplain. Hydrostatic slab design is not included in our base fee.
We will invoice for the expense of all printing. Reimbursable expenses such as air travel, mileage to and from the job site
and Federal Express unless the client or time restraints require a courier service, will be invoiced with a multiplier
of 1.2.
This proposal is valid for six (6) months from the date issued. If work is stopped for more than three (3) months, additional
fees will be required to restart the project. Additional services beyond the scope of this proposal may be provided on a
flat fee basis or on an hourly basis.
North Palm Beach CC Metal Building
May 2, 2024
Page 2 of 3
1655 Palm Beach Lakes Blvd., Suite 204, West Palm Beach, FL 33401 ▎ Tel: 561.835.9994 ▎ www.onmj.net
Our hourly rates are as follows:
RATE SCHEDULE
Principal ....................................... $196.35/ hour
Project Manager .......................... $165.36/ hour
Senior Engineer ........................... $134.34/ hour
Project Engineer .......................... $124.02/ hour
CADD Operator ........................... $ 90.00/ hour
The prevailing rates and contract amount shall be effective on January 1, 2024, and are expected to remain as stated
through December 31, 2024. Should circumstances require an adjustment to these rates prior to December 31, 2024, 30
days written notification shall be submitted in advance of the effective date of the change.
Payment is due upon receipt of services.
Contract Terms:
1. A Geotechnical Engineer will be retained by others and we will coordinate our foundation design with his findings.
2. A conventional spread footing foundation system will be used. If deep foundations, grade beams or
structurally supported slabs are required, we will increase the fee accordingly.
3. Design of sheathing, shoring, scaffolding, formwork and other means and methods of construction will be
provided by engineers retained by the contractors.
4. Our fee will be increased for revisions of design or drawings to suit changes after work is released for pricing or
permits.
5. Miscellaneous iron items such as stairs, ladders, catwalk and railings will be designed and signed and sealed by
the fabricator's engineer and reviewed by O'Donnell, Naccarato, Mignogna & Jackson, Inc.
6. Services related to mold, asbestos materials, detection, modification or process will be provided by others.
7. The scope of services for this project does not include any other structural work in the existing building including
engineering to repair unforeseen problems with the existing structure or to upgrade the existing structure
to meet current building codes.
8. The scope of services for this project does not include design and drafting of specialty engineering items such as
heavy timber, wood trusses, precast concrete, MEP roof top equipment attachments, light poles, or aluminum
framing. We will provide performance specifications only for any cold-formed steel framing where required at the
exterior walls and soffits. We will require signed and sealed shop drawings and calculations from the cold -formed
steel contractor’s engineer. If the cold form designer requests additional structural steel for the purpose of
reducing cost or complexity of exterior curtain wall system, this will be considered value engineering and will be
treated as an additional service.
9. The creation of record documents, which generally include incorporation of RFI information into our drawings or
construction related changes to contract documents, is considered additional services.
PURSUANT TO F. S. 558, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Our base fee does not include reinforcing/changing existing walls, foundations, columns, beams, or roof structure for
change of occupancy, or other code necessities that require upgrading the building to meet increased envelope wind
pressures.
Structural elements are not water resistant. Water proofing, roofing and envelope water resistance scope of work is
specifically excluded and not provided by ONM&J.
If the Client requests in writing that our firm provide any specific construction phase services and if our firm agrees in
writing to provide such services, then we shall be compensated as Additional Services as provided for in this contract.
In the event of a claim of breach of contract or professional negligence the client agrees that the liability of O’Donnell,
Naccarato, Mignogna & Jackson, Inc. and its professionals, employees, consultants and inspectors is limited to the
amount of the fee or applicable limits of professional liability insurance, whichever is lesser.
North Palm Beach CC Metal Building
May 2, 2024
Page 3 of 3
1655 Palm Beach Lakes Blvd., Suite 204, West Palm Beach, FL 33401 ▎ Tel: 561.835.9994 ▎ www.onmj.net
The General Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work. O’Donnell, Naccarato, Mignogna & Jackson, Inc. and its professionals, inspectors
and employees are not responsible for the means and methods of construction or for related safety precautions and
programs.
Payment for services is your direct obligation and is not contingent upon any other payment schedules pursuant to other
contracts or financial arrangements. If payment is not received within 30 days of your receiving our invoice, you agree to
actively participate with us in our efforts to collect our fee directly from your client. Also, we have the option to cease
providing services during that time and we cannot be held responsible for costs generated by our work stoppage.
Please call if you have any questions or if additional information is required. Kindly indicate your acceptance by signing
and returning this document within ten (10) days. Should this document not be executed and returned to us, all parties
acknowledge and agree that "authorization to proceed" through any other means constitutes formal acceptance of all
terms and conditions contained herein.
O'DONNELL, NACCARATO, MIGNOGNA & JACKSON, INC.
Dwayne R. Jackson, P.E.
President
DRJ/avl
ACCEPTED BY DATE__________________________________
PRINT NAME TITLE__________________________________
600 S Orlando Ave, Maitland, FL 32751 | 407-332-5110 | www.ociassociates.com Orlando. Fort Pierce. Fort Myers. West Palm Beach. Tampa. Washington DC. Miami. Dallas. San Francisco. Sarasota.
3 May 2024
Ms. Heidi Rodriguez, AIA
CPZ Architects, Inc.
Vice President
1601 Belvedere Road, Suite 305-S
West Palm Beach, FL 33306
Ref: Professional Services Fee Proposal – MEP Design Engineering
Village of North Palm Beach Golf Course – Metal Building
OCI Associates is pleased to present our fee proposal for the above-referenced project.
Following is a scope of work and compensation for the project.
Project Description:
The project scope is a new water reclamation building that will consist of 3 to 4 bays. The
building will be an open metal building. One or two bays where the ESD water reclamation
equipment will be located will be enclosed. Adjacent building has the electrical capacity
to support this new building, thus not requiring a new incoming electrical service to the
Golf Course.
Scope of Work:
Our basic scope of work will include:
1. Site Survey of Existing Conditions.
2. Design Team Meetings, as necessary.
3. MEP Construction Documents and Specifications
Mechanical Engineering – Ventilation design (exhaust fans) for the bays that
will be enclosed.
Electrical Engineering – New Lighting, controls and Power design for the water
reclamation equipment designed by others. Power design will also include the
documentation of the electrical distribution of the adjacent building that will
support the new metal building. Lightning protection system and associated
grounding will be a part of the design.
Plumbing Design – Hose Bibs and Floor Drain Design.
OCI ASSOCIATES 2 Harvard Circle, Suite 100, West Palm Beach, FL 33409 | 561-688-6575 | www.ociassociates.com Orlando. Ft. Pierce. Ft. Myers. West Palm Beach. Tampa. Washington DC. Miami. Dallas. San Francisco. Sarasota.
4. Responses to any Review Comments.
5. Construction Administration Services – Shop Drawing Review,
Responses to Contractor RFI’s and if Necessary, up to 2 Site Visits for
Observation of Work, during Construction.
Compensation for Services:
Our fee for these design efforts will be $7,500.00, plus customary reimbursable
expenses. Our anticipated billing schedule will be as follows:
50% Construction Documents $3,000.00
100% Construction Documents $3,000.00
Construction Administration $1,500.00
Reimbursable Expenses:
Printing/Reproduction and Methods of Delivery to be Billed at Direct Cost.
Additional Expenses:
Services requested or required beyond the basic scope of work shall be negotiated on an
as needed basis at with time a proposal for additional services will be provide.
PURSUANT TO FLORIDA STATUTE § 558.035, AN INDIVIDUAL EMPLOYEE OR
AGENT OF OCI ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE
AND SCOPE OF PROFESSIONAL SERVICES RENDERED UNDER THIS
PROFESSIONAL SERVICES CONTRACT.
Thank you very much for this opportunity. Should you have any questions or require
further clarification, please do not hesitate to call.
Respectfully, Accepted By:
Randy Stewart Signature: _______________________
Principal Name/Title (printed): _______________
Date: ___________________________
OCI ASSOCIATES 600 S Orlando Ave, Maitland, FL 32751 | 407-332-5110 | www.ociassociates.com Orlando. Fort Pierce. Fort Myers. West Palm Beach. Tampa. Washington DC. Miami. Dallas. San Francisco.
OCI ASSOCIATES 2 Harvard Circle, Suite 100, West Palm Beach, FL 33409 | 561-688-6575 | www.ociassociates.com Orlando. Ft. Pierce. Ft. Myers. West Palm Beach. Tampa. Washington DC. Miami. Dallas. San Francisco. Sarasota. 18 June 2024
Ms. Heidi Rodriguez, AIA
CPZ Architects, Inc.
Vice President
1601 Belvedere Road, Suite 305-S
West Palm Beach, FL 33306
Ref: Professional Services Fee Proposal – Fire Protection Design Engineering
Village of North Palm Beach Golf Course – Metal Building
OCI Associates is pleased to present our fee proposal for the above-referenced
project. Following is a scope of work and compensation for the project.
Project Description:
Provide fire protection design engineering to support the new metal warehouse
building.
Scope of Work:
Our basic scope of work will include:
1. Design Team Meetings via teleconference, as necessary.
2. Review of Fire Flow Pressure Test (by Others)
3. Fire Protection Construction Documents and Specifications
4. Responses to any Review Comments.
5. Construction Administration Services to include Shop Drawing Review,
Responses to Contractor RFI’s and if Necessary, a Site Visit for
Observation of Work, during Construction.
Compensation for Services:
Our fee for these design efforts will be $5,640.00, plus customary reimbursable
expenses. Our anticipated billing schedule will be as follows:
50% Construction Documents $2,500.00
100% Construction Documents $2,500.00
Construction Administration $640.00
OCI ASSOCIATES 600 S Orlando Ave, Maitland, FL 32751 | 407-332-5110 | www.ociassociates.com Orlando. Fort Pierce. Fort Myers. West Palm Beach. Tampa. Washington DC. Miami. Dallas. San Francisco. Reimbursable Expenses:
Printing/Reproduction and Methods of Delivery to be Billed at Direct Cost.
Additional Expenses:
Services requested or required beyond the basic scope of work shall be negotiated on an
as needed basis at with time a proposal for additional services will be provide.
PURSUANT TO FLORIDA STATUTE § 558.035, AN INDIVIDUAL EMPLOYEE OR
AGENT OF OCI ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE
AND SCOPE OF PROFESSIONAL SERVICES RENDERED UNDER THIS
PROFESSIONAL SERVICES CONTRACT.
Thank you very much for this opportunity. Should you have any questions or require
further clarification, please do not hesitate to call.
Respectfully, Accepted By:
Randy Stewart Signature: _______________________
Principal Name/Title (printed): _______________
Date: ___________________________
Attachment 'B'
16200 NW 59th Avenue, Suite 106
Miami Lakes, FL 33014
P 305-820-1997
F 305-820-1998
Terracon.com
Proposal Cover Page May 9, 2024
CPZ Architects
4316 West Broward Boulevard
Plantation, FL 33317
Attn: Ms. Heidi Rodriguez
P: (954) 792-8525
E: heidi@cpzarchitects.com
RE: Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building
951 US-1
North Palm Beach, FL
Terracon Proposal No. P34245009
Dear Ms. Rodriguez:
We appreciate the opportunity to submit this proposal to CPZ Architects (CPZ) to provide
Geotechnical Engineering services for the above referenced project. The following are exhibits to
the attached Agreement for Services.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location
Our base fee to perform the Scope of Services described in this proposal is $ 8,800 with an
anticipated delivery date of report at 25 workdays after completion of field work. The Private utility
locate service can be provided for an additional $ 1,500. Total fees for the project will be $ 10,300.
Exhibit C includes details of our fees and consideration of additional services as well as a general
breakdown of our anticipated schedule.
Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing
and returning a copy of the attached Agreement for Services between CPZ and Terracon to our
office.
Terracon
Rutu Nulkar, P.E. Douglas Dunkelberger, P.E.
Geotechnical Dept. Manager Principal
Reference Number: P34245009
Page 1 of 2 Rev. 11-22
AGREEMENT FOR SERVICES
This AGREEMENT is between CPZ Architects (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client
on the New Wash Area and Water Reclamation Building project (“Project”), as described in Consultant’s Proposal dated 05/09/2024 (“Proposal”), including
but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is
incorporated into this Agreement).
1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section
(“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in
Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant
safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant’s substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Reference Number: P34245009
Page 2 of 2 Rev. 11-22
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the
project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant’s document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site
conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk
assessment processes.
PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE
OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE.
Consultant: Terracon Consultants, Inc. Client: CPZ Architects
By:
Date: 5/9/2024 By: Date:
Name/Title: Douglas S. Dunkelberger, P.E. / Principal Name/Title: Heidi Rodriguez, AIA / Vice President
Address: 5371 NW 33rd Ave, Ste 201 Address: 4316 W Broward Blvd
Ft Lauderdale, FL 33309-6346 Plantation, FL 33317-3762
Phone: (954) 741-8282 Fax: (954) 741-8240 Phone: Fax:
Email: Doug.Dunkelberger@terracon.com Email: heidi@cpzarchitects.com
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Exhibit A – Project Understanding
Our Scope of Services is based on our understanding of the project as described by CPZ
and the expected subsurface conditions as described below. We have visited the project
site to confirm the information provided. Aspects of the project, undefined or assumed,
are highlighted as shown below. We request CPZ and/or the design team verify all
information prior to our initiation of field exploration activities.
Planned Construction
Item Description
Information
Provided
The project information was provided to us via email dated April
19, 2024 and site visit performed on April 26, 2024
Project
Description
The project includes design of metal building for new wash area
and water reclamation for the maintenance equipment used at
the existing golf course.
Proposed
Structure
The proposed facility will be a one-story metal building
approximately 30 feet x 100 feet. The facility will accommodate
wash area for maintenance equipment used at the golf course.
Loads (assumed)
Column loads:
Maximum Compression: 90 kips
Maximum Uplift : 15 kips
Maximum Floor Slab: 150 psf
Pavements Flexible pavement for vehicle access and parking.
Site Location and Anticipated Conditions
Item Description
Parcel
Information
The project will be located along 951 US-1 in North Palm Beach,
FL.
Existing
Improvements
The project is at a public golf course. The proposed area for the
building is currently vacant. The grade of the project area is 3 to
4 feet higher than adjacent building due to presence of fill in the
area. The existing building that is adjacent to the project area is
used to store all the maintenance equipment used on the golf
course.
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Current Ground
Cover
Existing vacant parcel with grades 3to 4 feet higher than adjacent
building. The fill placed within the area appears to consist of loose
sands.
Existing
Topography The site is relatively flat
Site Access Based on our site visit, we believe that a track-mounted drill rig will be required. The loose sands may not be suitable for a truck- mounted drill rig.
Soil Conditions Based on our previous geotechnical work completed in the area, we anticipate that loose to medium dense sands will be observed within the project area.
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Exhibit B - Scope of Services
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Field Exploration
Based on input provided by CPZ, and our experience with similar projects in the vicinity
of the project site, we propose the following field exploration program.
Number of
Borings
Planned Boring Depth
(feet) Planned Location 1
2 30 Borings B-1 and B-2
2 10 Proposed driveways and pavement
to enter and exit the building
1. Boring location plan will be developed once the building layout on the site is
finalized.
Boring Layout and Elevations: We will use handheld GPS equipment to locate borings
with an estimated horizontal accuracy of ±10 feet. Field measurements from existing site
features may be utilized. If available, approximate elevations will be obtained by
interpolation from a site specific, surveyed topographic map. We can alternatively
coordinate with your Project Surveyor to include locations and surface elevations in project
information if so requested.
Subsurface Exploration Procedures: We will advance borings with a track-mounted
drill rig using rotary wash boring techniques. Five samples will be obtained in the upper
10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically
performed using split-barrel sampling procedures. The split-barrel samplers are driven in
accordance with the standard penetration test (SPT). The samples will be placed in
appropriate containers, taken to our soil laboratory for testing, and classified by a
Geotechnical Engineer. In addition, we will observe and record groundwater levels during
drilling and sampling.
Our exploration team will prepare field boring logs as part of standard drilling operations
including sampling depths, penetration distances, and other relevant sampling
information. Field logs include visual classifications of materials observed during drilling
and our interpretation of subsurface conditions between samples. Final boring logs,
prepared from field logs, represent the Geotechnical Engineer’s interpretation and include
modifications based on observations and laboratory tests.
Property Disturbance: We will grout the boreholes upon completion of the field work.
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Safety
Terracon is not aware of environmental concerns at this project site that would create
health or safety hazards associated with our exploration program; thus, our Scope
considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our
Scope of Services does not include environmental site assessment services, but
identification of unusual or unnatural materials observed while drilling will be noted on our
logs.
Exploration efforts require borings (and possibly excavations) into the subsurface,
therefore Terracon will comply with local regulations to request a utility location service
through SSOCOF. We will consult with the landowner/client regarding potential utilities
or other unmarked underground hazards. Based upon the results of this consultation, we
will consider the need for alternative subsurface exploration methods as the safety of our
field crew is a priority.
Private utilities should be marked by the owner/client prior to commencement of field
exploration. Terracon will not be responsible for damage to private utilities not disclosed
to us. Terracon proposes to provide private utility locating services using a subcontractor.
Fees associated with this service are included in our Scope of Services (See Exhibit C).
The detection of underground utilities is dependent upon the composition and construction
of the utility line; some utilities are comprised of non-electrically conductive materials and
may not be readily detected. The use of a private utility locate service would not relieve
the landowner/client of their responsibilities in identifying private underground utilities.
Site Access: Terracon must be granted access to the site by the property owner. Without
information to the contrary, we consider acceptance of this proposal as authorization to
access the property for conducting field exploration in accordance with the Scope of
Services. Our proposed fees do not include time to negotiate and coordinate access with
landowners or tenants. Terracon will conduct field services during normal business hours
(Monday through Friday between 7:00am and 5:00pm). If our exploration must take
place over a weekend or at night, please contact us so we can adjust our schedule and
fee.
Laboratory Testing
The project engineer will review field data and assign laboratory tests to understand the
engineering properties of various soil and rock strata. Exact types and number of tests
cannot be defined until completion of fieldwork, but we anticipate the following laboratory
testing may be performed:
■ Water content
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
■ Grain size analysis (-200 sieve only)
■ Organic content
Our laboratory testing program often includes examination of soil samples by an engineer.
Based on the results of our field and laboratory programs, we will describe and classify
soil samples in accordance with the Unified Soil Classification System (USCS).
Boring log rock classification is determined using the Description of Rock Properties.
Engineering and Project Delivery
The results of our field and laboratory programs will be evaluated, and a geotechnical
engineering report will be prepared under the supervision of a licensed professional
engineer.
The Geotechnical report will include:
■ Boring logs with field and laboratory data
■ Stratification based on visual soil (and rock) classification
■ Groundwater levels observed during drilling
■ Site Location and Exploration Plans
■ Subsurface exploration procedures
■ Description of subsurface conditions
■ Recommended foundation options and engineering design parameters for the
proposed structure
■ Estimated settlement of foundations
■ Typical pavement thickness recommendations for the proposed driveways
Additional Services
In addition to the services noted above, the following are often associated with
geotechnical engineering services. Fees for services noted above do not include the
following:
Exfiltration Test: If required, one (1) exfiltration test will be performed at the location
confirmed by the civil engineer. The test will be performed in general accordance with
South Florida Water Management District Usual Open-Hole Test Method to a depth of 10
feet below final grade of paved areas.
Review of Plans and Specifications: Our geotechnical report and associated verbal and
written communications will be used by others in the design team to develop plans and
specifications for construction. Review of project plans and specifications is a vital part of
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
our geotechnical engineering services. This consists of review of project plans and
specifications related to site preparation, foundation, and pavement construction. Our
review will include a written statement conveying our opinions relating to the plans and
specifications’ consistency with our geotechnical engineering recommendations. In
addition, we will respond to any questions during the bidding process.
Construction Administration Services: Terracon will work with the architect CPZ and
assist in responding to RFIs, reviewing any questions during construction and review and
submittals related to geotechnical services.
Observation and Testing of Pertinent Construction Materials: Development of our
geotechnical engineering recommendations and report relies on an interpretation of soil
conditions. Our assessment is based on widely spaced exploration locations and the
assumption that construction methods will be performed in a manner sufficient to meet
our expectations and consistent with recommendations made at the time the geotechnical
engineering report is issued. We should be retained to conduct construction observations,
and perform/document associated materials testing, for site preparation, foundation, and
pavement construction. These services allow a more comprehensive understanding of
subsurface conditions and necessary documentation of construction to confirm and/or
modify (when necessary) the assumptions and recommendations made by our engineers.
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Exhibit C – Compensation and Project Schedule
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and our
planned Scope of Services outlined in Exhibit B, our base fee is shown in the following
table:
Task Lump Sum
Fee2
Geotechnical Report – Subsurface Exploration, Laboratory Testing
and Geotechnical Report $8,800
Private Utility Locates (at boring locations) $1,500
TOTAL FEES $10,300
1. The lump sum fee considers one drill rig mobilization and no unexpected onsite
delays. If additional drill rig mobilizations are required, an additional fee of
$1,250 would be invoiced. A drill crew standby rate of $300 per hour would be
invoiced for unexpected delays.
2. Proposed fees noted above are effective for 90 days from the date of the proposal.
Our Scope of Services does not include services associated with site clearing, wet ground
conditions. If such services are desired by the owner/client, we should be notified so we
can adjust our Scope of Services.
Additional Services Lump Sum
Fee2
Percolation Tests (if performed at the same time as other field
exploration) $550
Preparation of Specifications and Review of Plans, responding to
questions in the bidding process $2,800
Construction Administration Services (this includes responding to
RFIs, reviewing any questions during construction and review and
submittals related to geotechnical services)
$6,950
Construction Material Testing Services (can be provided once the final
plans and schedule of construction are developed) TBD
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the
beginning of this proposal. If conditions are encountered that require Scope of Services
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
revisions and/or result in higher fees, we will contact you for approval, prior to initiating
services. A supplemental proposal stating the modified Scope of Services as well as its
effect on our fee will be prepared. We will not proceed without your authorization.
Proposal for Geotechnical Engineering Services
Village of North Palm Beach (VNPB) Metal Building | North Palm Beach, FL
May 9, 2024 | Terracon Proposal No. P34245009
Facilities | Environmental | Geotechnical | Materials
Project Schedule – For the Geotechnical Report
We developed a schedule to complete the Scope of Services for the Geotechnical Report
based upon our existing availability and understanding of your project schedule. However,
our schedule does not account for delays in field exploration beyond our control, such as
weather conditions, delays resulting from utility clearance, or lack of permission to access
the boring locations. In the event the schedule provided is inconsistent with your needs,
please contact us so we may consider alternatives.
Delivery on Client Portal Schedule 1, 2
Kickoff Call with Client 2-3 days after notice to proceed
Site Characterization 10 days after completion of field program
Geotechnical Engineering 25 days after completion of field program
1. Upon receipt of your notice to proceed we will activate the schedule component
on Client Portal with specific, anticipated dates for the delivery points noted
above as well as other pertinent events.
2. Standard workdays. We will maintain an activities calendar within on Client
Portal. The schedule will be updated to maintain a current awareness of our
plans for delivery.
SITE LOCATION
VNPB Metal Building ■ North Palm Beach, FL May 3, 2024 .
Terracon Proposal No. P34245009
TOPOGRAPHIC MAP IMAGE COURTESY OF THE U.S. GEOLOGICAL SURVEY
QUADRANGLES INCLUDE: RIVIERA BEACH, FL (1/1/1983).DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS
NOT INTENDED FOR CONSTRUCTION PURPOSES
SITE
SITE LOCATION
VNPB Metal Building ■ North Palm Beach, FL May 3, 2024 ï
Terracon Proposal No. P34245009
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS
NOT INTENDED FOR CONSTRUCTION PURPOSES
AERIAL PHOTOGRAPHY PROVIDED
BY MICROSOFT BING MAPS
11555 Heron Bay Blvd, Suite 204, Coral Springs FL 33076 – 954-481-1611
Revised Proposal
CMS-Construction Management
Services, Inc.
11555 Heron Bay Blvd., Suite 204
Coral Springs, FL 33076
Contact:
Phone:
Email:
Ana DeJesus / Wayne Birch
(954) 481-1611
adejesus@cms-construction-services.com
Village of North Palm Beach Country Club
Golf Course Site Improvements-Metal Building
Proposal Date: 05/31/24 Proposal Valid Through: 12/01/24
Customer Customer Contact
Company:
Project
Address:
CPZ Architects, Inc.
951 US-1
North Palm Beach, FL 33408
Contact:
Title:
Phone:
Email:
Heidi Rodriguez, AIA
Vice President
954-792-8525 Ext. 107
heidi@cpzarchitects.com
CMS, Inc. is pleased to provide Professional Cost Estimating Services in response to your request.
The estimate will conform to CSI Master Format Construction Cost Estimating and use local line-item
construction costs. We will provide the services necessary to prepare cost estimates for the following
items, which includes relevant coordination and revision meetings.
Scope of Basic Services:
CMS will provide the 100% Construction Documents cost estimates for the Village of North Palm
Beach Golf Course Site Improvements, referencing plans and scope of work provided by CPZ
Architects, Inc.
2
100% CD Cost Estimate
Title Hours Rate Total
Project Manager 08 $ 132.78 $ 1,062.24
Senior Estimator 80 $ 133.26 $ 10,660.80
Administrative Assistant 04 $ 92.84 $ 371.36
Total $ 12,094.40
Payment Terms
Payment terms are NET30 unless otherwise agreed or bound by sub-contractor or other superseding
agreements.
Thank you and we look forward to working with you. Should you agree to the above, please sign in the space
provided below and return a copy to our office for processing.
CMS –Construction Management Services Inc. CPZ Architects, Inc.
By: By:
Signature - Wayne Birch Signature
Principal
Title Title
Date Date
05/31/24
Page 1 of 9
CONTINUING CONTRACT FOR PROFESSIONAL SERVICES
Architectural Services)
THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is entered on 22nd day of
February, 2024, by and between the Village of North Palm Beach, a Florida municipal corporation
Village”) and CPZ Architects, Inc., a Florida corporation (“Consultant”).
RECITALS
WHEREAS, the Village issued a Request for Qualifications for General Architectural Consulting Services
RFQ”), and the Consultant submitted a Qualification Statement in response to the RFQ; and
WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide
Architectural Consulting Services to the Village pursuant to the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the
sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows:
SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Contract
as true and correct statements.
SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. Consultant shall provide
Architectural Consulting Services to the Village on an as needed, non-exclusive basis as directed by the
Village and as described in the RFQ for General Architectural Consulting Services. The terms of the RFQ
and Consultant’s Qualification Statement are hereby incorporated by reference. The Village shall
compensate Consultant for services performed in accordance with the rate schedule attached hereto as
Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special
projects from the Village Manager or the Village Manager’s designee, Consultant will prepare a work order
authorization including a specific scope of work and fee for services which shall be submitted to and
approved by the Village Manager or the Village Manager’s designee prior to any work being conducted.
Direct costs may be reimbursed by the Village if approved in advance and invoiced without markup.
SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee
is created by this Contract, it being understood that Consultant will act hereunder as an independent contractor
and none of Consultant’s individual officers, directors, employees, independent contractors, representatives, or
agents performing services for Consultant pursuant to this Contract shall have any claim under this Contract or
otherwise against the Village for compensation of any kind. The relationship between the Village and Consultant
is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, or
representative of the other for any purpose expressly or by implication.
SECTION 4: TERM, TIME, AND TERMINATION.
a. Term. The term of this Contract shall commence upon the approval of this Contract by the
Village Manager and shall continue for a three (3) year term or until either party terminates this Contract
as set forth herein. This Contract may be extended for two (2) additional one-year terms upon mutual
consent of Consultant and the Village.
b. Time for Completion. Time is of the essence in the performance of this Contract. Upon
direction from the Village, Consultant shall carry out its duties and responsibilities as expeditiously as
possible.
c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due
to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies,
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sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations.
Consultant or Village may suspend its performance under this Contract as a result of a force majeure without
being in default of this Contract, but upon the removal of such force majeure, Consultant or Village shall
resume its performance as soon as is reasonably possible. Upon Consultant’s request, the Village shall
consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform
was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision
of this Contract may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any
or all of the services at any time. No extension shall be made for delay occurring more than three (3) days
before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause
of delay, only one (1) notice of delay or claim is necessary.
d. Termination. Either party may terminate this Contract at any time with or without cause by
giving not less than ten (10) days’ written notice of termination.
e. Early Termination. If this Contract is terminated before the completion of all services
approved through the issuance of a work order authorization, Consultant shall:
1. Stop services on the date and to the extent specified including without limitation services
of any subconsultants; and
2. Transfer all work in progress, completed work, and other materials related to the terminated
services to the Village in the format acceptable to Village.
f. Effect of Termination. Termination of this Contract shall not affect any rights, obligations,
and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding
the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political
subdivision of the state of Florida, and as such, this Contract is subject to budgeting and appropriation by the
Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village.
Notwithstanding anything in this Contract to the contrary, in the event that no funds are appropriated or
budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s
obligations under this Contract, or in the event the funds budgeted or appropriated are, or are estimated by
the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any
fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant
may terminate this Contract by notifying the other in writing, which notice shall specify a date of termination
no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the
preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however,
Village shall pay Consultant for all services performed under this Contract through the date of termination.
SECTION 5: COMPENSATION.
a. Payments. The Village agrees to compensate the Consultant in accordance with the rate
schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during
any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse
the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services
to the Village under this Contract which exceed the amount set forth above, unless prior written approval
has been obtained by the Consultant.
b. Invoices. Consultant shall render monthly invoices to the Village for services that have
been rendered in conformity with this Contract in the previous month. The invoices shall specify the
services performed and the time spent on the same. All reimbursable expenses shall also be clearly
identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30)
days following the Village’s receipt of the Consultant’s invoice.
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SECTION 6: INDEMNIFICATION.
a. Consultant, its officers, employees, and agents shall indemnify and hold harmless the
Village, including its officers and employees from liabilities, damages, losses, and costs, including
reasonable attorney's fees (at the trial and appellate levels), to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of Consultant and other persons employed or utilized by
Consultant in the performance of the services under this Contract. The Village agrees to be responsible for
its own negligence.
b. 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 Consultant, nor shall this Contract be
construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28,
Florida Statutes.
SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its
responsibilities under this Contract in conformance with all laws, regulations and administrative
instructions that relate to the parties’ performance of this Contract.
SECTION 8: PERSONNEL.
a. Consultant represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the Village. All services required hereunder shall be performed by Consultant or
under its supervision, and all personnel engaged in performing the services shall be fully qualified and
authorized or permitted under federal, state, and local law to perform such services.
b. It is intended by the parties to this Contract that Consultant’s services in connection with
any project authorized pursuant to this Contract shall not subject Consultant’s individual employees,
officers, or directors to any personal legal exposure for the risks associated with the project. The Village
agrees that, as the Village’s sole and exclusive remedy, any claim, demand, or suit shall be directed and/or
asserted only against Consultant, a Florida corporation, and not against any of Consultant’s employees,
officers, or directors.
c. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES,
CONSULTANT’S CORPORATION IS THE RESPONSIBLE PARTY FOR THE
PROFESSIONAL SERVICES CONSULTANT AGREES TO PROVIDE UNDER
THIS CONTRACT. NO PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR,
OFFICER, OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR
NEGLIGENCE ARISING OUT OF THIS CONTRACT.
SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or
to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order
to make a determination as to the capability of the sub-consultant to perform properly under this Contract. All
sub-consultants providing professional services to Consultant under this Contract will also be required to
provide their own insurance coverage identical to those contained in this Contract. If a sub-consultant does not
have insurance or does not meet the insurance limits as stated in this Contract, Consultant shall indemnify and
hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the
negligent acts, errors, or omissions of the sub-consultant. Consultant shall not charge an administrative fee or
surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the
Village.
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SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales
and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number.
SECTION 11: INSURANCE.
a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage
as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance
carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less
than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance
policies may not be modified or terminated without the express written authorization of the Village.
Type of Coverage Amount of Coverage
Professional liability/ $1,000,000 per occurrence
Errors and Omissions
Commercial general liability $1, 000,000 per occurrence
Products/completed operations
Contractual, insurance broad form property,
Independent Consultant, personal injury) $2,000,000 annual aggregate
Automobile (owned, non-owned, & hired) $500,000 per occurrence
Employer’s Liability $100,000 per occurrence
Worker’s Compensation Statutory limits
b. The commercial general liability and automobile policies will name the Village as an additional
insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same
or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that
Consultant has obtained insurance of the type, amount, and classification as required for strict compliance
with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability
and obligations under this Contract.
c. Consultant 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 Contract to waive subrogation without an endorsement, then
Consultant 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 Consultant enter into such a Contract on a pre-loss basis.
SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant 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 agreed in writing by all parties, this Contract is not assignable.
SECTION 13: GOVERNING 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
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exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL
BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT.
SECTION 15: ACCESS AND AUDITS. Consultant shall maintain adequate records to justify all payments
made by the Village under this Contract for at least three (3) years after completion of this Contract and
longer if required by applicable federal or state law. 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 Consultant’s place of business. In no circumstances will Consultant be required to disclose
any confidential or proprietary information regarding its products and service costs.
SECTION 16: NONDISCRIMINATION. Consultant 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 17: AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and
will continue to maintain all licenses and approvals required to conduct its business and provide the services
required under this Contract, and that it will at all times conduct its business and provide the services under
this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village
upon request.
SECTION 18: 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135,
Florida Statutes, Consultant certifies that it and any authorized sub-consultants are not participating in a
boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the
Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that
the Village shall have the right to immediately terminate this Contract if the Consultant, its authorized sub-
consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a
boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida.
SECTION 20: NOTICE. All notices required in this Contract shall be sent by hand-delivery, certified mail
RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to:
Village of North Palm Beach
Attn: Village Manager
501 US Highway 1
North Palm Beach, FL 33408
and if sent to the Consultant, shall be sent to:
CPZ Architects, Inc.
Attn: Chris P. Zimmerman, President
1601 Belvedere Road, Suite 305-S
West Palm Beach, FL 33406
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The foregoing names and addresses may be changed if such change is provided in writing to the other
party. Notice shall be deemed given upon receipt.
SECTION 21: ENTIRETY OF CONTRACT. The Village and Consultant agree that this Contract sets
forth the entire Contract 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.
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 AND NON-EXCLUSIVITY. This Contract shall not be construed more
strongly against either party regardless of who was more responsible for its preparation. This is a non-
exclusive Contract and the Village reserves the right to contract with individuals or firms to provide the
same or similar services.
SECTION 24: MATERIALITY. All provisions of the Contract shall be deemed material. In the event
Consultant fails to comply with any of the provisions contained in this Contract or exhibits, amendments
and addenda attached hereto, said failure shall be deemed a material breach of this Contract and Village
may at its option provide notice to Consultant to terminate for cause.
SECTION 25: LEGAL EFFECT. This Contract shall not become binding and effective until approved by
the Village. The Effective Date is the date this Contract is executed by the Village.
SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party
will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the performance of this Contract. Each party
agrees to cooperate with the other in any investigation either may conduct, the defense of any claim orsuit
in which either party is named, and shall do nothing to impair or invalidate any applicable insurance
coverage.
SECTION 27: SURVIVABILITY. Any provision of this Contract which is of a continuing nature or
imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
SECTION 28: COUNTERPARTS. This Contract may be executed in one or more counterparts, each of
which shall be deemed an original, and will become effective and binding upon the parties as of the effective
date at such time as all the signatories hereto have signed a counterpart of this Contract.
SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number
2011-009, the CONSULTANT acknowledges that this Contract may be subject to investigation and/or audit
by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County
ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance.
SECTION 30: CONTRACT DOCUMENTS AND CONTROLLING PROVISIONS. This Contract
consists of this Contract and Exhibit, the Request for Qualifications, and Consultant’s Qualification
Statement. The parties agree to be bound by all the terms and conditions set forth in the aforementioned
documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall
be resolved in the following Order: this Contract and Exhibit, the Request for Qualifications, and
Consultant’s Qualification Statement. Wherever possible, the provisions of such documents shall be
construed in such a manner as to avoid conflicts between provisions of the various documents.
DocuSign Envelope ID: 804FCA22-57C1-4DB5-8618-6845638D8456
Page 7 of 9
SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications,
calculations, supporting documents, or other work products prepared by Consultant pursuant to this
Contract shall become the property of the Village upon delivery. Consultant may keep copies or samples
thereof and shall have the right to use same. The Village accepts sole responsibility for the reuse of any
such documents in a manner other than as initially intended or for any use of incomplete documents.
SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Contract, on behalf
of Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal
power to execute this Contract and any and all documents necessary to effectuate and implement the terms
of this Contract on behalf of Consultant for whom he or she is signing and to bind and obligate such party
with respect to all provisions contained in this Contract.
SECTION 33: PUBLIC RECORDS. Consultant shall comply with Florida’s Public Records Act, Chapter
119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section
119. 011(2), Florida Statutes, specifically agrees to:
a) Keep and maintain public records required by the Village to perform the service.
b) Upon request from the Village’s custodian of public records or designee, provide the Village with
a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by
law.
c) 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 this Contract and
following completion of this Contract if Consultant does not transfer the records to the Village.
d) Upon completion of this Contract, transfer, at no cost, to the Village all public records in possession
of the Consultant or keep and maintain public records required by the Village to perform the service. If
Consultant transfers all public records to the Village upon completion of the Contract, Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If Consultant keeps and maintains public records upon completion of the Contract,
Consultant 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
or designee, in a format that is compatible with the information technology systems of the Village.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE
VILLAGE OF NORTH PALM BEACH AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this
Contract.
SECTION 35: E-VERIFY. Consultant warrants and represents that Consultant and all sub-consultants are
in compliance with Section 448.095, Florida Statutes, as may be amended. Consultant 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 sub-consultant stating that the
sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has
DocuSign Envelope ID: 804FCA22-57C1-4DB5-8618-6845638D8456
Page 8 of 9
Digitally signed by
DN: CN=Christoph
dnQualifier=A0141
O=CPZ ARCHITEC
Reason: I am appr
Date: 2024.03. 15
a good faith belief that Consultant 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 sub-consultant has knowingly violated Section 448.09(1), Florida
Statutes, but Consultant has otherwise complied, it shall notify Consultant, and Consultant shall
immediately terminate its Contract with the sub-consultant.
IN WITNESS WHEREOF, the parties hereto have made and executed this Continuing Contract for
Professional Architectural Services as of the day and year set forth above.
VILLAGE OF NORTH PALM BEACH:
By:
Charles D. Huff, Village Manager
CONSULTANT:
CPZ ARCHITECTS, INC.
By:
Christopher P
Christopher P Zimmerman
er P Zimmerman,
0C0000018CEB163C57001BC3D5,
TS INC., C=US
oving this document
07: 34:16-04'00'
Print Name: Chris P. Zimmerman
Title: President
erman _
DocuSign Envelope ID: 804FCA22-57C1-4DB5-8618-6845638D8456
Page 9 of 9
EXHIBIT “A”
DocuSign Envelope ID: 804FCA22-57C1-4DB5-8618-6845638D8456
CPZ
CPZ ARCHITECTS, INC.
4316 WEST BROWARD BOULEVARD PLANTATION, FLORIDA 33317
200 N. EL MAR DRIVE, SUITE 201B, JENSEN BEACH, FLORIDA 34957
TEL (954) 792-8525
AA# 26000685 WWW.CPZARCHITECTS.COM
Hourly Rates
CPZ Architects, Inc.
Fee Schedule by hourly rates
January 1, 2024
Project Team Personnel Hourly Rates
CPZ Architects, Inc.
Principal $285 per hour
Architect $255 per hour
Senior Project Manager $200 per hour
Project Manager $185 per hour
Architectural Associate 3 $140 per hour
Architectural Associate 2 $130 per hour
Architectural Associate 1 $110 per hour
Administration $ 95 per hour
VILLAGE OF NORTH PALM BEACH
HUMAN RESOURCES DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jennifer Cain, Director of Human Resources
DATE: July 18, 2024
SUBJECT: RESOLUTION – Approval of a Contract with The Butler Group of South Florida, LLC d/b/a Nextaff for School Crossing Guard Services pursuant to pricing established in an existing Town of Jupiter Agreement
Background:
The Police Department has employed School Crossing Guards and has been managing staffing the
school crossings as required by law. This has become increasingly difficult over the past several
years, as they have had at a minimum of four vacant positions for over 12 months that have not been
able to be filled due to lack of interest in the position. This causes the Police Department to cover the
vacancies with Police Officers, increasing the cost of covering these crossings and diverting
department resources.
The Butler Group of South Florida, LLC d/b/a Nextaff has agreed to piggyback their contract with the
Town of Jupiter, which was competitively bid, and will extend the same pricing to the Village of North
Palm Beach. This contract has an expiration date of June 15th, 2025 with a renewal option for three
additional one year terms, providing the ability to extend the contract to June 15th, 2028. The cost of
the contract is based on 12 post locations with two 45 minute shifts daily, and eight of those locations
requiring coverage for a third shift at a rate of $22.49 per hour. The total cost of the contract is
anticipated to be $97,156.80 based on coverage for a 180 school day calendar. The Village is
currently paying an average rate of $29.62 per day plus the extra shift, costing approximately
$85,305.60 in base wages, but with the additional costs of worker’s comp insurance, federal taxes,
unemployment, costs of coverage in utilizing a Police Officer, and the Police Department time and
resources to ensure adequate staffing and oversight of employees.
The Butler Group of South Florida, LLC d/b/a Nextaff is willing to onboard all current staff as long as
they pass the pre-employment background and drug screening requirements and will offer the
employees benefits including health, dental, vision, life insurance, and retirement which the Village
does not offer to these part time employees.
Pricing:
The contract from The Butler Group of South Florida, LLC d/b/a Nextaff is based on pricing established
in an existing contract with the Town of Jupiter (PD-2022-001-BA). The Village’s purchasing policies
and procedures authorize concurrent competitive purchasing on other state and local government
contracts. A secondary contract that was competitively bid was obtained from another local
municipality to verify “fair market value” as required by the Village’s purchasing policies and
procedures.
Funding:
The Police Department will allocate unused salary dollars to cover the cost of the contract for the
remainder of FY2024 and a budget amendment will be prepared at year-end if necessary. For
FY2025 and going forward, the Police Department will budget for the contract amount removing
the crossing guard salaries and insurance costs.
Account Information:
Fund Department Account Number Account Description Amount
General
Fund Police A5711-33491 Contractual Services $97,156.80 (*)
(*) Estimate
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
approving a Contract with The Butler Group of South Florida, LLC d/b/a Nextaff to provide
crossing guard services utilizing pricing established in an existing Town of Jupiter
Agreement at an estimated cost of $97,156.870 per school year, with funds expended from
Account No. A5711-33491 (Police – Contractual Services) and authorizing the Mayor and
Village Clerk to execute the Contract in accordance with Village policies and procedures.
RESOLUTION 2024-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH THE
BUTLER GROUP OF SOUTH FLORIDA, LLC D/B/A NEXTAFF TO PROVIDE
SCHOOL CROSSING GUARD SERVICES PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING TOWN OF JUPITER AGREEMENT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended entering into a Contract for School Crossing Guard
Services with The Butler Group of South Florida, LLC d/b/a Nextaff pursuant to the terms,
conditions and pricing established in an existing Agreement with the Town of Jupiter (PD-2022-
001-BA), thereby allowing for concurrent competitive purchasing pursuant to the Village’s
purchasing policies and procedures; 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 School Crossing Guard Contract with The
Butler Group of South Florida, LLC d/b/a Nextaff, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on
behalf of the Village. The estimated cost per school year is $97,156.80, with funds expended from
Account No. A5711-33491 (Police – Contractual Services).
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 6
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 THE BUTLER GROUP OF SOUTH
FLORIDA, LLC D/B/A NEXTAFF, 4790 West Commercial Boulevard, Tamarac, Florida 33319, a
Florida corporation (hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE requires the services of a contractor to provide School Crossing Guard
Services; and
WHEREAS, the Town of Jupiter, through its competitive selection process, awarded a School
Crossing Guard Agreement to CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on
the pricing established in the Jupiter Agreement; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the Jupiter Contract, including all
terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. Jupiter Contract. The Town of Jupiter’s School Crossing Guard Agreement (PD-2022-001-
BA) (“Jupiter Agreement”) with CONTRACTOR, is attached hereto is incorporated herein by
reference.
3. CONTRACTOR’s Services.
In accordance with the terms and conditions of the Jupiter Agreement and at the direction of the
VILLAGE Police Department, CONTRACTOR shall provide school crossing guard services as may
be necessary to implement the VILLAGE’s School Crossing Guard Program at a rate of $22.49 per
hour. Assuming twelve (12) posts with two forty-five minutes shifts, with eight (8) of the locations
requiring a third shift, the anticipated cost per school year is $97,156.80. The duty hours and locations
shall be established by the VILLAGE.
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence: this Contract and the Jupiter Agreement.
5. Compensation to CONTRACTOR. 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
Page 2 of 6
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be effective upon execution by both parties and shall remain in effect until
June 15, 2028, unless terminated earlier in accordance with Section 6.B below.
B. This Contract may be terminated by the VILLAGE or by CONTRACTOR by providing thirty
(30) days’ written notice to the other party. Upon any such termination, CONTRACTOR waives any
claims for damages from such termination, including, but not limited to, loss of anticipated profits.
Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for
work performed and accepted through the date of termination.
7. Insurance.
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability
insurance in the amount of $500,000 per occurrence or $1,000,000 in the aggregate to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death,
as well as claims for property damage which may arise from any operations under this Contract,
whether such operations be by CONTRACTOR or by anyone directly employed by or contracting
with CONTRACTOR.
C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive
automobile liability insurance in the minimum amount of $500,000 combined single limit for
bodily injury and property damages liability to protect CONTRACTOR from claims for damages
for bodily and personal injury, including death, as well as from claims for property damage,
which may arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles whether such operations be by CONTRACTOR or by anyone directly
or indirectly employed by CONTRACTOR.
D. CONTRACTOR 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.
E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR
shall specifically include the VILLAGE as an Additional Insured.
Page 3 of 6
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida
Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall comply with all applicable federal, state, and
local laws, regulations, and ordinances.
10. Independent Contractor. CONTRACTOR 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 CONTRACTOR’S sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its employees
perform the Services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at CONTRACTOR’s place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. Existing Employees. CONTRACTOR shall retain and employ the crossing guards currently
employed by the VILLAGE provided that such employees pass the preemployment background and
drug screening. Such employees shall be offer ed a full range of benefits, including health, dental,
vision, and life insurance, as well as retirement benefits.
Page 4 of 6
13. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties
knowingly, voluntarily and intentionally waive any right they may have to trial by jury with
respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto . Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired emplo yees 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.
Page 5 of 6
H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible with the information
technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract justifying termination.
[Remainder of page blank – signatures on next page]
Page 6 of 6
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
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
THE BUTLER GROUP OF SOUTH FLORIDA, LLC
D/B/A NEXTAFF
By:
Print Name:__________________________
Position:_____________________________
AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of The Butler Group of South Florida, LLC
d/b/a Nextaff.
3. The Butler Group of South Florida, LLC d/b/a Nextaff does not use coercion for labor
or services as defined in Section 787.06, Florida Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
SCHOOL CROSSING
GUARD SERVICES
Town of Jupiter
PD-2022-001-BA
February 28, 2022
Buffy A. Butler
The Butler Group of South Florida, LLC
d/b/a NEXTAFF
4790 West Commercial Boulevard
Tamarac, Florida 33319
954.733.0777 Office
954.733.0444 Fax
www.nextaff.com
COMPANY PROFILE
Proposer: The Butler Group of South Florida, LLC
d/b/a NEXTAFF
A Florida Limited Liability Company
Proposal: Town of Jupiter
School Crossing Guard Services
Certifications: County Business Enterprise
State of Florida Minority/Woman-Owned Business
Headquarters: 4790 West Commercial Boulevard
Tamarac, Florida 33319
954.733.0777 Office
954.733.0444 Fax
www.nextaff.com
Authorized Personnel: Buffy A. Butler
FDOT Certified School Crossing Guard Trainer
954.733.0777
bbutler@nextaff.com
Delisa Williams
FDOT Certified School Crossing Guard Trainer
954.733.0777
dwilliams@nextaff.com
QUALIFICATIONS
NEXTAFF helps companies maximize and benefit from strategic workforce planning. Today
change is the only constant. Those who remain flexible and adapt quickly can hold the competitive
advantage.
As a premier workforce strategies provider, NEXTAFF allows employers to remain flexible. By
offering a complete range of employment services, we help companies - no matter where they
are in their business evolution - raise productivity through improved strategy, quality, efficiency
and cost control across their workforce. With NEXTAFF, companies can concentrate on their core
business activities and adapt quickly to changing workforce requirements.
While the need for talent is increasing rapidly in nearly every marketplace, the number of qualified
candidates, in many industries, is decreasing. In the U.S. alone, over the next 15 years, the
number of available candidates who make up much of the talent pool is expected to decline by
15 percent.
For that reason, it has become critically important for companies to develop a systematic plan
and process to put the right talent in the right place at the right time. Those businesses that stand
the best chance of overcoming these new market realities are those that are committed to the
development and maintenance of a strong and relevant talent acquisition process.
We understand staffing and workflow. While our Scope of Services details the specifics of the
required work, we realize in the world of school crossing guard services each municipality that we
partner with entrusts the entire function of the department to us. Our main responsibilities include:
• Recruiting
• Hiring
• Compensation
• Retention
• Management
• Training
• Safety
We have over twenty-five (25) Florida Department of Transportation Certified School Crossing
Guard Trainers prepared to train and re-certify our school crossing guard team. We re-certify our
guards annually during the month of August, for us it is NEXTAFF in Training. We also have a
large team of experienced supervisors, team leaders and well in excess of 300 certified (or
available for re-certification) school crossing guards.
EXPERIENCE
Founded in 1998, NEXTAFF has offices in Arizona, California, Colorado, Florida, Illinois, Iowa,
Kansas, Michigan, Mississippi, Missouri, Nebraska, North Carolina, Oregon, Pennsylvania, South
Carolina, Tennessee and Texas. Our South Florida franchise, which is independently owned
and operated, opened in September 2006. At NEXTAF, our goal is to provide a superior level
of service by which all other companies will be measured.
Since 2006, we have had the opportunity to partner with several South Florida companies
providing them with workforce solutions. At NEXTAFF, we realize that talent changes everything,
and as a result, we have developed a proprietary formula for identifying, placing and supporting
the most qualified candidates for the job.
Counting Dolphin Stadium, now Sun Life Stadium, as one of our first clients, we have provided
staffing for the regular National Football League seasons, FEDEX Orange Bowls and the 2007
Super Bowl. Consistently, we have been commended for our people, their conscientiousness,
and their talent.
In 2007, we were asked to provide security services to a local church with multiple campuses,
two schools and over 20,000 congregants. It was there that we had the opportunity to apply our
expertise in security and safety services with the church’s need to protect and care for the children
attending its schools. After much success, we are the church’s go to company for security
services.
Awarded two contracts with Broward County in 2008, we now have four contracts with Broward
County providing general temporary staffing, Information Technology, food services and school
crossing guard services.
In 2009, the Town of Davie selected NEXTAFF to administer its school crossing guard program.
The Town of Davie was most impressed with the spirit of excellence in which we operated, the
immediacy of our response, and the way we seamlessly transitioned between contracts.
We are now proud to call, the Cities of Coconut Creek, Deerfield Beach, Margate, Miramar, North
Miami Beach, Oakland Park, Orlando and Pompano Beach, in addition to the Towns of Davie and
Jupiter, Orange County Sheriff’s Office and the Palm Beach Sheriff’s office, clients.
Our crossing guard management approach is fresh and unique. We build teams at NEXTAFF,
which in turn helps to lower turnover, improve efficiency, and provides a redundancy in the system
to always ensure complete and solid post coverage. During the past school year, we are proud to
report that we had a significant number of guards with perfect attendance, in addition to the fact
that most of our guards have been with us since the start of our contracts. Our guards refer their
friends and family time and time again for positions within our company. They have a loyalty to
NEXTAFF which is unique, and we reward our guards on a regular basis to let them know just
how grateful we are for their service.
OUR MANAGEMENT TEAM
Buffy A. Butler, Managing Member, FDOT Certified School Crossing Guard
Trainer. With over 30 years’ experience in Human Resources and Operations
Management, Ms. Butler understands staffing and workflow. She oversees
the overall management of the NEXTAFF offices in South Florida. She
serves as contract liaison with local municipalities.
Ms. Butler was invited by the Administrator of the Florida Crossing Guard Training
Program to take part in the statewide committee meeting to review and update the
Florida School Crossing Guard Training (Uniform) Guidelines for 2020. Ms. Butler
was the only individual from a private company represented.
Ms. Butler continues to serve on the FDOT Guidelines Committee, and she is also
in the training video used by agencies statewide.
Delisa S. Williams, Operations Manager, FDOT Certified School Crossing
Guard Trainer. Mrs. Williams manages our day-to-day school crossing guard
operations and coordinates our training efforts. A former Navy training petty
officer, she has extensive knowledge in training and human resources
management.
SCOPE OF SERVICES
Scheduling and Staffing. If given the opportunity to serve the Town of Jupiter again,
as your school crossing guard services provider, we would move forward with the
following steps.
• Confer with the designated municipal representatives on the set number of
posts and/or school crossing guards required for the school crossings within
the city’s limits, to insure there we are up to date on any changes in the post
locations and/or required number of guards. Once confirmed, we will develop
a duty roster based on the post requirements.
• We will meet with the individuals currently working as school crossing guards
within the city to inform them of any changes to the school crossing guard
program.
Training and Certification. With over 25 certified Florida Department of Transportation
School Crossing Guard trainers on staff, we ensure all school crossing guard candidates
prior to assuming any post are certified in accordance with Section 316.75 of the Florida
Statues. All guards must successfully complete the following as identified in the Florida
School Crossing Guard Training Guidelines.
• Classroom instruction: pass at least 75 percent of the items on the written
examination;
• Practical training: perform each of the duties listed on the performance checklist
satisfactorily; and
• Supervised duty: perform satisfactorily all of the duties listed on the
performance checklist in at least the second of two observations, under the
following conditions: (1) trainer does not intervene after starting checklist entry
for an observation, (2) each observation is conducted during a regular shift at
a crosswalk to which the guard is as-signed during that shift, (3) observation is
continued for at least 30 minutes, or for duration of the guard’s shift duty at the
crosswalk if it is less than 30 minutes, and (4) if the guard performs crossing
duty in both the morning and the afternoon, one observation should be
conducted in the morning and the other in the afternoon.
• Basic pre-employment physical examination to ensure all crossing guard
candidates meet the requirements necessary to fulfill the role as a crossing
guard. This basic examination includes but is not limited to sight, physical ability
and agility.
We conduct training sessions regularly for guards to complete the certification and
recertification processes to ensure compliance with Florida Department of Transportation
School Crossing Guard Program.
Background Checks and Quality Control. NEXTAFF
reduces hiring risks by providing screening services that are
user-friendly and accurate. We have aligned with the nation’s
leading screening provider to offer our clients the greatest
speed, accuracy and technology in the screening industry.
We do not believe in a one size fits all philosophy, so, we tailor
our screening to our client’s needs and requirements.
Therefore, all school crossing guards will be screened in
accordance with the municipality’s requirements of a
comprehensive background check to include state and national level in addition to sexual
predator/offender checks. *ALL school crossing guards are rescreened on an annual
basis prior to the start of the new school year. *
NEXTAFF’s partner has established a “single blind” Quality Assurance Program for
researchers conducting research on behalf of the company. Prior to receiving client
research requests, a perspective researcher is given a “blind” sample of criminal research
requests with “known records” mixed in. The company has a collection of “known records”
for nearly every jurisdiction in the United States. The perspective researcher is required
to return the “known records” with 100% accuracy and within an acceptable tim e frame
prior to being placed on the approved list of researchers. Once approved, each
researcher is secretly tested each quarter with a “known record” sent along with the
standard research request lists. Failure to return the “known record” with 100% accu racy
results in removal from the approved list of researchers.
Our partner’s custom software system incorporates a quality assurance capability as well.
As orders are received and processed electronically or by fax, a second processor must
perform a quality assurance audit of the order. As results are received, trained
researchers and results specialists perform the initial data entry into our system. These
results are not official and not visible to the client until a second results specialist reviews
the entry and marks it as accurate in the database, thus allowing t he result to be visible
to the client.
NEXTAFF employs a 24-hour telephone answering service, so, calls are
answered after hours by a live person. Calls from school crossing guards are
relayed by two methods, one is immediate dispatch and/or patching to our on-call
manager, and then by e-mail giving the status of the call to the office, which is
relayed to another manager via a smart phone device, so, there is redundancy
built into our system.
Equipment and Appearance. All school crossing guards employed by NEXTAFF are
required to wear a standard uniform as required by the municipality. Currently, the
following uniform is in place:
▪ Black Slacks/Shorts
▪ White Collared Shirt
▪ Whole Shoes (closed toe) All Black
Additionally, guards will be equipped with the following items in accordance with the
requirements of the Florida Department of Transportation, and as specified by the local
municipality.
▪ Retro Reflective Vest – ANSI Class 2
▪ Whistle with Lanyard
▪ Retro Reflective Stop Paddle
▪ NEXTAFF Identification Badge
▪ Hi-visibility Raingear (NEXTAFF provides as standard-issue equipment)
Bill Rate: Our bill rate is $22.49 per hour, School Crossing Guards and $22.49 per
hour, Supervisor.
DocuSign Envelope ID : D6927CA 1-7C09-4412-8500-8C32A8DE9251
9~
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
AGREEMENT
FOR
SCHOOL CROSSING GUARD SERVICES
AGREEMENT NO. RFP2023-070PD
THIS AGREEMENT is made and entered this I U day of
fv~ , 2023 (the "effective date"), by and between the City of Palm Beach
Gardens, a Florida municipal corporation (the "City"), located at 10500 North Military
Trail, Palm Beach Gardens, Florida 33410, and All-City Management Services, Inc., a
California corporation (the "Contractor"), located at 10440 Pioneer Boulevard, Suite #5,
Santa Fe Springs, California 90670 .
WHEREAS, the City desires to retain the services of the Contractor to provide
school crossing guard services in accordance with the City's Request for Proposals,
RFP2023-070PD, School Crossing Guard Services, and the Contractor's response
thereto, inclusive of all final replies, attached hereto and incorporated herein as Exhibit
A"; and
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, by
approving this Agreement, authorizes the City Manager to execute all subsequent
amendments or renewals of this Agreement for School Crossing Guard Services.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the City and the Contractor agree as follows:
ARTICLE 1. INCORPORATION OF REQUEST FOR PROPOSALS
The terms and conditions of this Agreement shall include and incorporate the terms,
conditions, and specifications set forth in the City's Request for Proposals, RFP2023-
070PD, School Crossing Guard Services, and the Contractor's response thereto,
including all addenda, final replies, and documentation required thereunder.
ARTICLE 2 . DESCRIPTION OF SERVICES
The Contractor shall provide school crossing guard services to the City, inclusive of all
standard practices and performances, based on the schedules and times established by
the City of Palm Beach Gardens Police Department.
Page 11 of 6
DocuSign Envelope ID: D6927CA1-7C09-4412-8500-8C32A8DE9251
ARTICLE 3. COMPENSATION
City of Palm Beach Gardens
Agreement No. RFP2023-070PD
School Crossing Guard Services
The City will pay the Contractor for performing school crossing guard services according
to the terms and conditions of the Request for Proposals and the Contractor's proposed
rates and fees for providing the services.
The City will pay the Contractor an hourly rate of Thirty-One Dollars and Eighty-Seven
Cents ($31.87) per hour. The City's estimated expenditure under this Agreement is Two
Million Three Hundred Seventy-Two Thousand Nine Hundred Two Dollars and Eighty
Cents ($2,372,902.80) for the five-(5) year term of the Agreement.
All payments shall be made in accordance with the Florida Prompt Payment Act, Section
218.74, Florida Statutes, on the presentation of a proper invoice by the Contractor.
ARTICLE 4. TERM
The term of this Agreement shall be from August 1, 2023, through July 31, 2028, unless
terminated earlier as provided for in Article 5.
Prior to the expiration of the term of the Agreement, the City shall have the Option to
Renew the Agreement for an additional five-(5) year term at the City's sole discretion.
ARTICLE 5. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated
by the Contractor upon providing thirty (30) days' prior written notice to the City. Upon
any such termination, the Contractor waives any claims for damages from such
termination, including, but not limited to, loss of anticipated profits.
Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for
work performed and accepted through the date of termination in accordance with the
terms of this Agreement.
ARTICLE 6. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be
hand delivered, telecommunicated, or sent by overnight delivery service to the
following addresses:
Page 12 of 6
DocuSign Envelope ID: D6927CA1-7C09-4412-8500-8C32A8DE9251
As to the City:
With a copy to :
As to the Contractor:
City of Palm Beach Gardens
Agreement No . RFP2023-070PD
School Crossing Guard Services
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Email: rferris@pbgfl.com
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email : mlohman@pbgfl .com
All-City Management Services, Inc.
10440 Pioneer Boulevard, Suite #5
Santa Fe Springs, California 90670
Attn: David Mecusker
Email : david@thecrossingguardcompany.com
b. Headings. The headings contained in this Agreement are for convenience of
reference only and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
c. Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
Metropolitan Life Insurance Company shall issue a policy that sets forth the terms
and conditions of insurance coverage.
d. Binding Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and
permitted assigns.
e. Assignability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
f. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so
far as possible.
g. Governing Law and Venue. This Agreement and all transactions contemplated by
this Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Florida without regard to any contrary conflict of laws
Page 13 of 6
DocuSign Envelope ID: D6927CA 1-7C09-4412-8500-8C32A8DE9251
City of Palm Beach Gardens
Agreement No . RFP2023-070PD
School Crossing Guard Services
principle. Venue for all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue. This Agreement shall not be
construed against the party who drafted the same as all parties to this Agreement
have had legal and business experts review the adequacy of the same.
h. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly , no Court or
Administrative Hearing Officer construing this Agreement shall construe it more
strictly against one party than the other, and every covenant, term, and provision
of this Agreement shall be construed simply according to its fair meaning.
i. Attorney's Fees and Costs. It is hereby understood and agreed that in the event
any lawsuit in the judicial system, federal or state, is brought to enforce the terms,
conditions, and/or obligations set forth in this Agreement or interpret same, or if
any administrative proceeding is brought for the same purposes, each party to this
Agreement shall be responsible for its own attorney's fees and costs, including
fees and costs on appeal.
j. Equal Opportunity. The City and the Contractor agree that no person shall be
discriminated against in the performance of this Agreement on the grounds of race,
color, gender, national origin, ancestry, marital status, disability, religion, creed, or
age.
ARTICLE 7. SUPERIORITY OF OTHER FORMS OR DOCUMENTS
If the Contractor requires the City to complete and e·xecute any other forms or documents
in relation to the Agreement, the terms, conditions, and requirements in this Agreement
shall take precedence to any and all conflicting or modifying terms, conditions, or
requirements of the Contractor's forms or documents. Additionally, in the event of a
conflict between the terms and conditions set forth in this Agreement and any attachments
or exhibits hereto, the terms and conditions set forth herein shall prevail.
ARTICLE 8. PUBLIC RECORDS
Pursuant to Chapter 119, Florida Statutes, the Contractor shall comply with the public
records law by keeping and maintaining public records required by the City of Palm Beach
Gardens in order to perform the service. Upon request from the City's custodian of public
records, the Contractor shall provide the City with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided
by law. The Contractor shall 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 this Agreement term and following completion of this
Agreement. Upon completion of this Agreement, the Contractor shall transfer, at no cost,
Page 14 of 6
DocuSign Envelope ID: D6927CA 1-7C09--4412-8500-8C32A8DE9251
City of Palm Beach Gardens
Agreement No. RFP2023-070PD
School Crossing Guard Services
to the City, all public records in possession of the Contractor or keep and maintain public
records required by the City of Palm Beach Gardens in order to perform the service. If
the Contractor transfers all public records to the City upon completion of this Agreement,
the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of this Agreement, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically
must be provided to the City of Palm Beach Gardens, upon request from the City's
custodian of public records, in a format that is compatible with the information technology
systems of the City of Palm Beach Gardens.
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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT THE OFFICE OF THE CITY CLERK LOCATED AT 10500 NORTH
MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410, PHONE
NUMBER (561) 799-4122, EMAIL ADDRESS: PSNIDER@PBGFL.COM.
The remainder of this page intentionally left blank.)
Page 15 of 6
DocuSign Envelope ID: D6927CA 1-7C09-4412- 8500-8C32A8DE9251
City of Palm Beach Gardens
Agreement No. RFP2023-070PD
School Crossing Guard Services
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date hereinabove first written.
NS, FLORIDA
ATTSST:
y:_~----~--
Patrlciasnider,1CMC, City Clerk
APPROVED
LE
ALL-CITY MANAGEMENT SREVICES, INC.
DocuSigned by:
B ~ fM-'IIJl
y 951962~ffi~l1a Farwell, Corporate Secretary
Shared Documents/AGREEMENTS/2023/School Crossing Guard Services Agreement RFP2023-070PD.docx
Page 16 of 6
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: July 18, 2024
SUBJECT: RESOLUTION – Approving a Second Amendment to the Professional Services
Agreement with Chen Moore & Associates, Inc. to increase the compensation for
Fiscal Year 2024 to $125,000.
In July of 2023, the Village posted a solicitation for general planning services on an as needed basis.
One of the companies selected was Chen Moore & Associates, Inc. (“Chen Moore”). On August 24,
2023, the Village executed a Professional Services Agreement with Chen Moore and capped the total
amount of compensation to $50,000 per fiscal year. On January 11, 2024, the Village Council approved
an Amendment to the Agreement with Chen Moore to increase the amount of compensation for Fiscal
Year 2024 from $50,000 to $80,000 to cover the cost of Chen Moore prepar ing the Village’s Evaluation
and Appraisal Report for its Comprehensive Plan.
Since January, the Village has required additional services from Chen Moore. First, the Village expended
approximately $5,000 to cover the costs of drafting an Introduction, Definitions and Acronyms Section for
the EAR which was not expected when the EAR scope of service was originally created. Further, Chen
Moore provided the use of a planner to review building permits for zoning regulations from January
through March due to the resignation of the Village Planner. Consequently, Staff is requiring the approval
of a Second Amendment to the Professional Services Agreement to increase the compensation for Fiscal
Year 2024 to $125,000.
The attached Resolution and Second Amendment have been prepared/reviewed by the Village Attorney for
legal sufficiency.
$125,000 for drafting of the amendments to the Comprehensive Plan and providing planning services to
review building permits for zoning issues to be added to the Planning and Zoning Professional Services
line item. If a budget amendment is necessary, it will be prepared at year-end.
Recommendation:
Village Staff recommends Village Council consideration and approval of the attached Resolution
approving a Second Amendment to the Professional Services Agreement with Chen Moore &
Associates, Inc. to increase the total compensation for Fiscal Year 2024 from $80,000 to $125,000
to cover the costs of the required Comprehensive Plan Amendments and authorizing the Village
Manager to execute the Amendment 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 SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE &
ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION
FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2023-65, the Village Council authorized the Village
Manager to execute an Agreement for Professional (Planning) Services with six firms, including Chen
Moore & Associates, Inc., in an amount not to exceed $50,000.00 during any single fiscal year; and
WHEREAS, through the adoption of Resolution No. 2024-01, the Village Council approved an
Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal
Year 2024 to $80,000; and
WHEREAS, due to additional work performed by Chen Moore relating to the EAR Amendments to the
Village’s Comprehensive Plan and the provision of interim planning services, Village Staff is seeking
an additional increase to the compensation paid during Fiscal Year 2024 to $125,000, necessitating a
Second Amendment to the Agreement; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of
the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Second Amendment to the Professional Services
Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during
Fiscal Year 2024 to $125,000.00, a copy of which is attached hereto and incorporated herein, and
authorizes the Village Manager to execute the Second Amendment 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.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Planning Services)
THIS SECOND AMENDMENT is entered on this _____ day of _____________, 2024, by and between
the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore &
Associates, Inc., a Florida corporation (“Consultant”).
RECITALS
WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with Chen
Moore & Associates, Inc. (“Chen Moore”) for general Planning Services (“Agreement”) and capped the
total amount of compensation at $50,000 per fiscal year; and
WHEREAS, on January 11, 2024, the Village executed an Amendment to the Agreement to increase the
total amount of compensation payable for Fiscal Year 2024 to $80,000; and
WHEREAS, due to additional work performed by Chen Moore relating to Amendments to the Village’s
Comprehensive Plan and the provision of interim planning services, the parties wish to again increase the
total amount of compensation to cover the cost of this additional work.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as
amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree
as follows:
1. The foregoing recitals are ratified and incorporated herein.
2. Section 5(a) of the Agreement is hereby amended to increase the total amount of compensation payable
by the Village to Consultant for Fiscal Year 2024 to One Hundred and Twenty-Five Thousand Dollars and
No Cents ($125,000.00).
3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Second Amendment to the
Professional Services Agreement (Planning Services) as of the day and year set forth above.
VILLAGE OF NORTH PALM BEACH:
By: __________________________________
Charles D. Huff, Village Manager
CONSULTANT:
CHEN MOORE & ASSOCIATES, INC.
By: __________________________________
Print Name:
Title:
Page 1 of 9
PROFESSIONAL SERVICES AGREEMENT
Planning Services)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August,
2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and
Chen Moore & Associates, Inc., a Florida corporation (“Consultant”).
RECITALS
WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and
Consultant submitted a Proposal in response to the RFP; and
WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide
General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the
sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows:
SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this
Agreement as true and correct statements.
SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide
General Planning Services to the Village on an as needed, non-exclusive basis as directed by the
Community Development Director and as described in the RFP for General Planning Services. Both the
RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate
Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and
incorporated herein by reference. In accordance with a request for services on special projects from the
Community Development Director, Consultant will prepare a work order authorization including a specific
scope of work and fee for services which shall be submitted to and approved by the Community
Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village
if approved in advance by the Community Development Director, and invoiced without markup.
SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or
employee is created by this Agreement, it being understood that Consultant will act hereunder as an
independent contractor and none of Consultant’s, officers, directors, employees, independent contractors,
representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim
under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The
relationship between the Village and Consultant is that of independent contractors, and neither shall be
considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any
purpose expressly or by implication.
SECTION 4: TERM, TIME, AND TERMINATION.
a. Term. The term of this Agreement shall commence upon the approval of this Agreement
by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as
set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual
consent of Consultant and the Village Manager and approval by the Village Council.
b. Time for Completion. Time is of the essence in the performance of this Agreement.
Upon direction from the Community Development Director, Consultant shall at all times carry out its duties
and responsibilities as expeditiously as possible.
DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9
Page 2 of 9
c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due
to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies,
sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The
Consultant or Village may suspend its performance under this Agreement as a result of a force majeure
without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or
Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the
Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s
failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other
affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change,
terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring
more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the
case of continuing cause of delay, only one (1) notice of delay or claim is necessary.
d. Termination. Either party may terminate this Agreement at any time with or without cause
by giving not less than ten (10) days’ written notice of termination.
e. Early Termination. If this Agreement is terminated before the completion of all services by
the Consultant, the Consultant shall:
1. Stop services on the date and to the extent specified including without limitation services
of any subconsultants; and
2. Transfer all work in progress, completed work, and other materials related to the terminated
services to the Village in the format acceptable to Village.
f. Effect of Termination. Termination of this Agreement shall not affect any rights,
obligations, and liabilities of the parties arising out of transactions which occurred prior to termination.
Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal
corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to
budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any
fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no
funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs
associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or
appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the
Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such
occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in
writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving
of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense
to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed
under this Agreement through the date of termination.
SECTION 5: COMPENSATION.
a. Payments. The Village agrees to compensate the Consultant in accordance with the rate
schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during
any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse
the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services
to the Village under this Agreement which exceed the amount set forth above, unless prior written approval
has been obtained by the Consultant.
b. Invoices. Consultant shall render monthly invoices to the Village for services that have
been rendered in conformity with this Agreement in the previous month. The invoices shall specify the
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services performed and the time spent on the same. All reimbursable expenses shall also be clearly
identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30)
days following the Village’s receipt of the Consultant’s invoice.
SECTION 6: INDEMNIFICATION.
a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the
Village, including its officers and employees from liabilities, damages, losses, and costs, including but not
limited to, reasonable attorney's fees (at the trial and appellate levels), to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Consultant and other persons employed
or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees
to be responsible for its own negligence.
b. Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be
construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28,
Florida Statutes.
SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its
responsibilities under this Agreement in conformance with all laws, regulations and administrative
instructions that relate to the parties’ performance of this Agreement.
SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the Village. All of the services required hereunder shall
be performed by the Consultant or under its supervision, and all personnel engaged in performing the services
shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services.
SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or
to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order
to make a determination as to the capability of the sub-consultant to perform properly under this Agreement.
All sub-consultants providing professional services to the Consultant under this Agreement will also be
required to provide their own insurance coverage identical to those contained in this Agreement. In the event
that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement,
the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s
insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant
shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs
shall be a direct pass-through cost to the Village.
SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales
and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number.
SECTION 11: INSURANCE.
a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage
as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance
carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less
than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance
policies may not be modified or terminated without the express written authorization of the Village.
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Type of Coverage Amount of Coverage
Professional liability/ $1,000,000 per occurrence
Errors and Omissions
Commercial general liability $1, 000,000 per occurrence
Products/completed operations
Contractual, insurance broad form property,
Independent Consultant, personal injury) $2,000,000 annual aggregate
Automobile (owned, non-owned, & hired) $500,000 per occurrence
Worker’s Compensation $ statutory limits
b. The commercial general liability and automobile policies will name the Village as an
additional insured and proof of all insurance coverage shall be furnished to the Village by way of an
endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly
indicate that the Consultant has obtained insurance of the type, amount, and classification as required for
strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve
Consultant of its liability and obligations under this Agreement.
c. Consultant 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
Consultant 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 Consultant enter into such an agreement on a pre-loss basis.
SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and
its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to
the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants
of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable.
SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. This Agreement shall be governed by
the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement 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.
SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL
BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT.
SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all
payments made by the Village under this Agreement for at least three (3) years after completion of this
Agreement and longer if required by applicable federal or state law. 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 Consultant’s place of business. In no circumstances will Consultant be
required to disclose any confidential or proprietary information regarding its products and service costs.
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SECTION 16: NONDISCRIMINATION. The Consultant 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 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and provide the
services required under this Agreement, and that it will at all times conduct its business and provide the
services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be
submitted to the Village upon request.
SECTION 18: SEVERABILITY. If any term or provision of this Agreement, or the application thereof
to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Agreement, 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
Agreement shall be deemed valid and enforceable to the extent permitted by law.
SECTION 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135,
Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in
a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the
Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that
the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized
sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged
in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida.
SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified
mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to:
Village of North Palm Beach
Attn: Village Manager
501 US Highway 1
North Palm Beach, FL 33408
and if sent to the Consultant, shall be sent to:
Chen Moore & Associates, Inc.
Attn: Nilsa Zacarias, AICP
500 Australian Avenue South, Suite 850
West Palm Beach, FL 33401
The foregoing names and addresses may be changed if such change is provided in writing to the other
party. Notice shall be deemed given upon receipt.
SECTION 21: ENTIRETY OF AGREEMENT. The Village and the Consultant agree that this Agreement
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 Agreement may
be added to, modified, superseded, or otherwise altered, except by written instrument executed by the
parties hereto.
SECTION 22: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Agreement
shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
SECTION 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more
strongly against either party regardless of who was more responsible for its preparation. This is a non-
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exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the
same or similar services.
SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event
Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments
and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village
may at its option provide notice to the Consultant to terminate for cause.
SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved
by the Village. The Effective Date is the date this Agreement is executed by the Village.
SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party
will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party
agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit
in which either party is named, and shall do nothing to impair or invalidate any applicable insurance
coverage.
SECTION 27: SURVIVABILITY. Any provision of this Agreement which is of a continuing nature or
imposes an obligation which extends beyond the term of this Agreement shall survive its expiration or
earlier termination.
SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, and will become effective and binding upon the parties as of the
effective date at such time as all the signatories hereto have signed a counterpart of this Agreement.
SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number
2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or
audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County
ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance.
SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement
consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The
parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the
extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the
following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal.
Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid
conflicts between provisions of the various documents.
SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications,
calculations, supporting documents, or other work products prepared by Consultant pursuant to this
Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or
samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the
reuse of any such documents in a manner other than as initially intended or for any use of incomplete
documents.
SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on
behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority
and full legal power to execute this Agreement and any and all documents necessary to effectuate and
implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to
bind and obligate such party with respect to all provisions contained in this Agreement.
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SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act,
Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under
section 119.011(2), Florida Statutes, specifically agrees to:
a) Keep and maintain public records required by the Village to perform the service.
b) Upon request from the Village’s custodian of public records or designee, provide the Village with
a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by
law.
c) 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 this Agreement
and following completion of this Agreement if the Consultant does not transfer the records to the Village.
d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in
possession of the Consultant or keep and maintain public records required by the Village to perform the
service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the
Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Consultant keeps and maintains public records upon
completion of the Agreement, the Consultant 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 or designee, in a format that is compatible with the information technology
systems of the Village.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT:
561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S.
HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this
Agreement.
SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants
are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant 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 sub-consultant
stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If
the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida
Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as
may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section
448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and
the Consultant shall immediately terminate its agreement with the sub-consultant.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services
Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth
above.
VILLAGE OF NORTH PALM BEACH:
By: __________________________________
Charles D. Huff, Village Manager
CONSULTANT:
CHEN MOORE & ASSOCIATES, INC.
By: __________________________________
Print Name: Cristobal Betancourt
Title: Vice President
DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9
RESOLUTION 2024-01
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH,FLORIDA APPROVING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE &
ASSOCIATES,INC.TO INCREASE THE TOTAL AMOUNT OF COMPENSATION
FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE AMENDMENT;PROVIDING FOR CONFLICTS;AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,through the adoption,of Resolution No.2023-65,the Village Council authorized the Village
Manager to execute an Agreement for Professional (Planning)Services with six firms,including Chen
Moore &Associates,Inc.,in an amount not to exceed $50,000.00 during any single fiscal year;and
WHEREAS,the Village is required to update its Comprehensive Plan,and Village Staff recommended
retaining the services of Chen Moore to prepare the updates at a total cost of $80,000;and
WHEREAS,these services require both an increase in the total compensation payable by the Village to
Chen Moore &Associates,Inc.during Fiscal Year 2024 and a corresponding Amendment to the
Agreement;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 tme and incorporated herein.
Section 2.
Agreement with Chen Moore &Associates,Inc.to increase the total amount of compensation during
Fiscal Year 2024, a copy of which is attached hereto and incorporated herein,and authorizes the Village
Manager to execute the Amendment on behalf of the Village.The total compensation paid pursuant to
the Amendment during Fiscal Year 2024 shall not exceed $80,000.00.
The Village Council hereby approves an Amendment to the Professional Services
Section 3.
to the extent of such conflict.
All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
Section 4.This Resolution shall be effective immediately upon adoption.
TfflS 11™DAY OF JANUARY,2024.P
%ov
MAYOR●vO●Vi●●●●●●*
:★
ERK
DocuSign Envelope ID;5883EB45-2A50-4DB7-B7CF-08C29E2A6AAC
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Planning Services)
THIS AMENDMENT is entered on this 11th day of January,2024,by and between the Village of North
Palm Beach,a Florida municipal corporation (“Village”)and Chen Moore &Associates,Inc.,a Florida
corporation (“Consultant”).
RECITALS
WHEREAS,on August 24,2023,the Village entered into a Professional Services Agreement with Chen
Moore &Associates,Inc.(“Chen Moore”)for general Planning Services (“Agreement”);and
WHEREAS,the Agreement capped the total amount of compensation at $50,000 per fiscal year;and
WHEREAS,due to work that will be performed by Chen Moore relating to Amendments to the Village’s
Comprehensive Plan, the parties wish to increase the total amount of compensation to cover the cost of the
anticipated cost of the Comprehensive Plan Amendments and related tasks.
NOW,THEREFORE,in consideration of the promises and mutual covenants contained in the Agreement,as
amended,the sufficiency of which is hereby aclmowledged by the parties,the Village and the Consultant agree
as follows:
The foregoing recitals are ratified and incorporated herein.1.
Section 5(a)of the Agreement is hereby amended to increase the total amount of compensation payable
by the Village to Consultant for Fiscal Year 2024 to Eighty Thousand Dollars and No Cents ($80,000.00).
2.
All other provisions of the Agreement,to the extent not expressly modified herein,shall remain in full3.
force and effect.
IN WITNESS WHEREOF,the parties hereto have made and executed this Amendment to the Professional
Services Agreement (Planning Services)as of the day and year set forth above.
VILLAGE OF NORTH PALM BEACH:
DocuSIgned by:
OjjmLBy:Charles b.SutS"^itlage Manager
CONSULTANT:
CHEN MOORJL4„^SQiPlATES,INC.
JdSL i-
Print Namer^^^‘*t“^''«^osta
Title:
By:
Executive vice President
VILLAGE OF NORTH PALM BEACH
POLICE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Charles Huff, Village Manager
FROM: Rick Jenkins, Police Chief
DATE: July 18, 2024
SUBJECT: RESOLUTION – Approving a sole source proposal from Emergency Vehicles, Inc.
to convert one (1) 2013 Ford E-450 Transport Van to a Mobile Command Center
Vehicle at a total cost of $67,288.00 and authorizing execution of a Contract.
Village Staff is seeking Council consideration and adoption of the attached Resolution approving the
conversion of one (1) 2013 Ford E-450 Transport Van to a Mobile Command Center Vehicle by Emergency
Vehicles, Inc. and authorizing execution of a Contract.
Background:
The Ford E-450 Transport Van, assigned Vehicle #363, is a 2013 model (VIN: 1FDXE4FS9DDA70106) with
67,419 miles. The vehicle was previously utilized by another Village department for occupant transport. Once
converted, it will serve as an emergency operations center equipped with advanced technology and
communication capabilities.
Purchasing:
This conversion will be performed by the sole source local vendor Emergency Vehicles, Inc., at a total cost of
$67,288.00.
Funding:
A total of $25,000 was received as a donation to partially fund the conversion. The remaining funds will
come from the Village’s Special Projects Fund.
Account Information:
Fund Department Account Number Account Description Amount
Special
Projects Fund
Special Projects
Fund Expense Q5541-66410 Automotive $42,288.00
General Fund Police A5711-66160 Donation Expense -
Capital $25,000.00
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the
Village Attorney.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
accepting a sole source proposal from Emergency Vehicles, Inc. to convert one (1) 2013 Ford E-
450 Transport Van to a Mobile Command Center Vehicle at a total cost not to exceed $67,288.00,
with $42,288.00 expended from Account No. Q5541-66410 (Special Projects Fund Expense –
Automotive) and $25,000.00 from Account No. A5711-66160 (Police – Donation Expense -- Capital)
and authorizing the Village Manager 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 A SOLE SOURCE PROPOSAL FROM
EMERGENCY VEHICLES, INC. FOR THE CONVERSION OF AN EXISTING
TRANSPORT VAN TO A MOBILE COMMAND CENTER FOR USE BY THE
POLICE DEPARTMENT AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Staff recommended the acceptance of a sole source proposal from Emergency
Vehicles, Inc. for the conversion of an existing Ford E-450 transport van to a Mobile Command
Center vehicle for use by the Police Department; and
WHEREAS, the Village Council determines that adoption of this Resolution, including the waiver of
any conflicting purchasing policies and procedures, is in the best interests of the Village and its
residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from Emergency Vehicles, Inc. for
the conversion of an existing transport van to a Mobile Command Center vehicle at a total cost of
$67,288.00, with $42,288.00 expended from Account No. Q5541-66410 (Special Projects Fund
Expense – Automotive) and $25,000.00 expended from Account No. A5711-66160 (Police –
Donation Expense), and authorizes the Village Manager 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 6
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 EMERGENCY VEHICLES, INC., a
Florida corporation, 705 13th Street, Lake Park, Florida 33403 (hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE is in need of goods and services to convert an existing transport van into
a mobile command center vehicle, and CONTRACTOR is the sole source provider of such goods and
services; and
WHEREAS, the VILLAGE wishes to accept the written proposal submitted by CONTRACTOR, and
CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this
Contract.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated herein
by reference.
2. CONTRACTOR’s Services and Time of Completion.
A. CONTRACTOR shall perform the Work in accordance with its Proposal dated May 30, 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 Sixty-Seven Thousand Two Hundred and Eight-
Eight Dollars and No Cents ($67,288.00).
D. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within one hundred and
fifty (150) 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 pursuant to the terms of the Proposal and they then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
Page 2 of 6
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $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.
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
Page 3 of 6
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 Proposal. 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. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR’s sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
Page 4 of 6
C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof. The parties knowingly, voluntarily and intentionally
waiver any right they may have to trial by jury with respect to any litigation arising out of
this Contract.
D. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
E. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law.
F. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added
to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination. In the event of a conflict between this Contract and CONTRACTOR’s Proposal,
the terms of this Contract shall control.
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.
Page 5 of 6
I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR
501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all
relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida
Statutes, CONTRACTOR shall:
(1) Keep and maintain public records required by the VILLAGE to perform the service.
(2) Upon request from the VILLAGE’s custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
(4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of CONTRACTOR or keep and maintain public records required
by the VILLAGE to perform the services. If CONTRACTOR transfers all public
records to the VILLAGE upon completion of the Contract, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of
public records, in a format that is compatible with the information technology systems
of the VILLAGE.
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
Page 6 of 6
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.
EMERGENCY VEHICLES, INC.
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
CHARLES D. HUFF
VILLAGE MANAGER
AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of Emergency Vehicles, Inc.
3. Emergency Vehicles, Inc. does not use coercion for labor or services as defined in Section
787.06, Florida Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
January 1, 2024
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: July 18, 2024
SUBJECT: RESOLUTION – Increasing the amount payable to Haverland Ag Innovations for Athletic
Field Turf Maintenance Services by $40,000.00 to a total of $239,673.00.
Through the adoption of Resolution No. 2019-51 on June 27, 2019, the Village Council approved a contract
with STO Landscape Services Inc., now known as Haverland Ag Innovations, for athletic field turf
maintenance services at an annual cost not to exceed $199,673.00.
Due to the sodding of three ball fields at the Community Center and the increased turf maintenance required,
the cost of services provided by the vendor during the current Fiscal Year is expected to exceed the original
contract amount by up to $40,000. The pricing for these services was established in the Proposal submitted
to the Village, and the Contract incorporates the Proposal. Consequently, it is only necessary to amend the
Resolution to account for the increased amount.
Village staff is recommending increasing the total amount of compensation payable during the current Fiscal
Year to $239,673.00.
Additionally, it should be noted that Haverland Ag Innovations was recently awarded a new contract starting
on October 1, 2024, in the amount of $222,708. This new contract is not expected to increase due to any
factors, and the Council should not anticipate any additional requests for increases.
Account Information:
Fund Department Account
Number
Account
Description Amount
General Fund Parks and
Recreation A8028-33491 Contractual Services $239,673.00
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 increasing
the amount paid to Haverland Ag Innovations for Athletic Field Turf Maintenance Services by an
additional $40,000 for a total cost not to exceed $239,673.00, with funds expended from Account
Number A8028-33491 (Recreation – Contractual Services), in accordance with Village policies and
procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, INCREASING THE AMOUNT PAYABLE TO
HAVERLAND AG INNOVATIONS FOR ATHLETIC FIELD TURF
MAINTENANCE SERVICES; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-51 on June 27, 2019, the Village Council
approved a Contract with STO Landscape Services, Inc., now known as Haverland Ag Innovations,
for athletic field maintenance services at a total annual cost to exceed $199,673.00; and
WHEREAS, due to the sodding of three ball fields at the Community Center and increased turf
maintenance, the cost of services during the current fiscal year, utilizing established pricing, will
exceed the approved amount by $40,000.00, and Village Staff requested Council approval of this
additional funding; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby increases the annual cost for athletic field maintenance
services for the current fiscal year by $40,000.00, for a total of $239,673.00, with funds expended
from Account No. A8028-33491 (Parks and Recreation – Contractual Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to extent of such conflict.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
i
RESOLUTION 2019-51
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL
SUBMITTED BY STO LANDSCAPE SERVICES, INC. FOR ATHLETIC FIELD
TURF MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO
SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 21, 2019, the Village issued a Request for Proposals for Athletic Field
Bermuda Turf Maintenance Services ("RFP"); and
WHEREAS, the Village received one proposal in response to the RFP; and
WHEREAS, Village Staff recommended accepting the proposal submitted by STO Landscape
Services, Inc., the Village's current service provider, based on its cost-effectiveness (no price
increase from 2017) and the company's record of past performance; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council accepts the proposal submitted by STO Landscape Services, Inc.
to provide landscaping and grounds maintenance services at a total annual cost not to exceed
199, 673.00, with funds expended from Account No. A7321-33491 (Streets & Grounds —
Contractual Services). The Village Council further authorizes the Mayor and Village Clerk to
execute a contract with STO Landscape Services, Inc. for the performance of such services,
a copy of which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS
27TH DAY OF JUNE, 2019.
Vi'llage Seal)
ATTEST:
VeplfW/A
VIUAGE CLE
MAYOR
CONTRACT
This Contract is made as of the d W day of /1/ 2019, 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 VILLAGE, and STO LANDSCAPE
SERVICES, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose
Federal I.D. is 27-0600946.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the
Request for Proposals for Athletic Field Bermuda Turf Maintenance Services for the Village
of North Palm Beach ("RFP") and as further stated in CONTRACTOR's Proposal and pursuant
to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF THE CONTRACTOR
The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents
and the Scope of Work referenced therein, which are incorporated herein by reference, in
accordance with the CONTRACTOR's Proposal to that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession practicing in the
same or similar locality at the time the Work is provided.
ARTICLE 2. TERM/COMMENCEMENT DATE
This agreement shall become effective October 1, 2019 and shall remain in effect for a period of
three (3) years, unless earlier terminated in accordance with Article 8. 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.
ARTICLE 3. VILLAGE'S REPRESENTATIVE
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village
Public Works Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT
A. Generally - The VILLAGE agrees to compensate the CONTRACTOR in accordance
with the Proposal submitted by the CONTRACTOR. CONTRACTOR'S Proposal is
incorporated herein by reference. The total and cumulative amount of this contract shall not
exceed the amount of funds budgeted for these services nor shall said fees exceed the amounts as
set forth in the Proposal.
B. Payments - Invoices received from the CONTRACTOR pursuant to this Contract will be
reviewed and approved by the VILLAGE'S representative, indicating that services have been rendered
in conformity with the Contract and then will be sent to the Finance Department for payment.
CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative's approval.
Contract 1
ARTICLE 5. INDEMNIFICATION
A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR
shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by the CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials,
agents, servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall
this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided
in §768.28, Florida Statutes.
ARTICLE 6. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the Work under this Contract. Such personnel shall not
be employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by the CONTRACTOR or under
its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform. such Work.
C. All of the CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. INSURANCE
A. Prior to execution of this Contract by the VILLAGE the CONTRACTOR shall provide
certificates evidencing insurance coverage as required hereunder. 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 CONTRACTOR has obtained insurance of the type,
amount, and classification as required for strict compliance with this Article 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. Compliance with the foregoing requirements shall not
relieve the CONTRACTOR of its liability and obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, Commercial
General Liability, including Professional Liability Errors and Omissions insurance in the amount of
1,000,000.00 in aggregate to protect the 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, whether such operations be by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
Contract 2
C. The 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 the 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 whether such operations be by the CONTRACTOR
or by anyone directly or indirectly employed by the CONTRACTOR.
D. 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.
E. All insurance, other than Worker's Compensation, to be maintained by the
CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an
Additional Insured".
ARTICLE 8. TERNUNATION
This Contract may be cancelled by the CONTRACTOR upon thirty (30) days' prior written
notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to
perform in accordance with the terms of this Contract through no fault of the CONTRACTOR.
It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon
thirty (30) days' prior written notice to the CONTRACTOR. Unless the CONTRACTOR is in
breach of this Contract, the CONTRACTOR shall be paid for services rendered to the
VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice
and except as otherwise directed by the VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS
The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR.
Contract 3
ARTICLE 10. GOVERNING LAW, VENUE AND REMEDIES
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce this Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to a trial by ,jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 11. EXCUSABLE DELAYS
The CONTRACTOR shall not be considered in default by reason of any failure in. performance
if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its
subcontractors and without their fault or negligence. Such causes include, but are not limited to:
acts of God; natural or public health emergencies; labor disputes; freight embargoes; and
abnormally severe and unusual weather conditions.
Upon the CONTRACTOR'S request, the VILLAGE shall consider the facts and extent of any
failure to perform the work and, if the CONTRACTOR'S failure to perform was without it or its
subcontractor's fault or negligence the Contract Schedule and/or any other affected provision of
this Contract shall be revised accordingly; subject to the VILLAGE'S rights to change,
terminate, or stop any or all of the work at any time.
ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP
A. The CONTRACTOR is, and shall be, in the performance of all work, services and/or
activities under this Contract, an Independent Contractor, and not an employee, agent, or
servant of the VILLAGE. All persons engaged in any of the work, services and/or
activities performed pursuant to this Contract shall at all times, and in all places, be
subject to the CONTRACTOR'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the CONTRACTOR'S relationship and
the relationship of its employees, agents, or servants to the VILLAGE shall be that of an
Independent Contractor and not as employees or agents of the VILLAGE.
B. The CONTRACTOR does not have the power or authority to bind the VILLAGE in any
promise, agreement or representation other than as specifically provided for in this agreement.
ARTICLE 13. NONDISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
Contract 4
ARTICLE 14. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall, be 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.
ARTICLE 15. AUTHORITY TO CONDUCT BUSINESS
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted
to the VILLAGE'S representative upon request.
ARTICLE 16. SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 17. PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133 by entering into this Contract or performing any work in
furtherance hereof, CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and
any other contractors who will perform hereunder, have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within the thirty-six
36) months immediately preceding the date hereof. This notice is required by Section
287.133(3)(a), Florida Statutes.
ARTICLE 18. MODIFICATIONS OF WORK
A. The VILLAGE reserves the right to make changes in Scope of Work, including
alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the
VILLAGE'S notification of a contemplated change, the CONTRACTOR shall, in writing,
provide a detailed estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and the CONTRACTOR shall not commence work on any such change until such
written amendment is signed by the CONTRACTOR and approved and executed by the
VILLAGE, provided, however, modifications to the Scope of Work based solely on the unit
pricing set forth in the Proposal shall not require a formal amendment to this Contract and may
be approved in writing by the Village Manager.
Contract 5
ARTICLE 19. NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
Attention: Andrew Lukasik, Village Manager
and if sent to the CONTRACTOR shall be mailed to:
STO Landscape Services, Inc.
9818 U.S. Highway 441
Boynton Beach, Florida 33472
Attention: Keely Haverland, CFO
ARTICLE 20. ENTIRETY OF CONTRACTUAL AGREEMENT
The VILLAGE and the 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 in accordance with Article 18 (Modifications of Work).
ARTICLE 21. PROTECTION OF WORK AND PROPERTY
The CONTRACTOR 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 CONTRACTOR shall
provide any necessary materials to maintain such protection.
ARTICLE 22. WAIVER
Failure of the VILLAGE to enforce or exercise any right(s) under this Contract shall not be
deemed a waiver of VILLAGE'S right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 23. PREPARATION
This Contract shall riot be construed more strongly against either party regardless of who was
more responsible for its preparation.
ARTICLE 24. MATERIALITY
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and
addenda attached hereto, said failure shall be deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
Contract 6
ARTICLE 25. CONTRACT DOCUMENTS AND CONTROLLING PROVISIONS
This Contract incorporates the terms of the Request for Proposals issued by the VILLAGE and
the Proposal Response submitted by CONTRACTOR, and CONTRACTOR agrees to be bound
by all the terms and conditions set forth in the aforementioned documents. To the extent that a
conflict exists between this Contract and the remaining documents, the terms, conditions,
covenants, and/or provisions of this Contract shall prevail. Wherever possible, the provisions of
such documents shall be construed in such a manner as to avoid conflicts between provisions of
the various documents.
ARTICLE 26. DEFAULT
Notwithstanding anything contained in this Contract to the contrary, the parties agree that the
occurrence of any of the following shall be deemed a material event of default and shall be
grounds for termination:
A. The filing of a lien by any subcontractor or third tier subcontractor including, but not
limited to material men, suppliers, or laborers, upon any property, right of way, easement
or other interest in land or right to use within the territorial boundaries of the VILLAGE
which lien is not satisfied, discharged or contested in a court of law within thirty (30)
days from the date of notice to the CONTRACTOR;
B. The filing of any judgment lien against the assets of CONTRACTOR related to the
performance of this Contract which is not satisfied, discharged or contested in a court of
law within thirty (30) days from the date of notice to the CONTRACTOR; or
C. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy
Code, or for its reorganization or for the appointment of a receiver or trustee of
CONTRACTOR or CONTRACTOR'S property; or an assignment by CONTRACTOR
for the benefit of creditors; or the taking possession of the property of CONTRACTOR
by any governmental officer or agency pursuant to statutory authority for the dissolution
or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall
be appointed for CONTRACTOR or for CONTRACTOR'S property and such temporary
or permanent receiver or Trustee shall not be discharged within thirty (30) days from the
date of appointment.
CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of
default within ten (10) days of CONTRACTOR's receipt of notice of any such default.
ARTICLE 27. AUDITS
If applicable, the Contractor shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles.
The Commission, the State of Florida, United States Department of Energy or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five (5) years following Agreement completion.
ARTICLE 28. LEGAL EFFECT
This Contract shall not become binding and effective until approved by the VILLAGE Council
of the VILLAGE of North Palm Beach its designated representative.
Contract 7
ARTICLE 29. REPRESENTATIONS/BINDING AUTHORITY
CONTRACTOR represents that the person executing this Agreement has the power, authority
and legal right to execute and deliver this Contract and perform all of its obligations under this
Contract.
ARTICLE 30. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this contract and in
furtherance thereof, may demand and obtain records and testimony from the CONTRACTOR
and its subcontractors. CONTRACTOR understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of contractor or its subcontractors to
fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to
be a material breach of the Contract Documents justifying termination.
ARTICLE 31. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 1195 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CON'T'RACT,
CONTACT THE, CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK&V'ILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to
perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR
keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet
all applicable requirements for retaining public 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.
Contract 8
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
STO LANDSCAPE SERVICES, INC
Print Name:
Title: Cy
VILLAGE OF NORTH PALM BEACH
BY: /J"" 9 (! QI"
DA YL A REY,
MAYOR
ATTEST:
aBY: &Gf/,l
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
o
l
VILLAGE ATTORNEY
Contract 9
VILLAGE OF NORTH PALM BEACH
POLICE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Rick Jenkins, Police Chief
DATE: July 18, 2024
SUBJECT: RESOLUTION – Approval of a First Amendment to Interlocal Agreement with Palm
Beach County for Access to Common Talk Groups
Through the adoption of Resolution No. 2019-77 on August 22, 2019, the Village Council
approved an Interlocal Agreement with the Palm Beach County for interoperable communications
through the countywide Common Talk Groups of the County’s Public Safety Radio System. The
Agreement had an expiration date of October 5, 2024, with two five-year renewal options.
The County has proposed a First Amendment to the Interlocal Agreement, exercising the first
renewal option and extending the term of the Agreement through October 5, 2029. Additionally,
as required by Florida law, the First Amendment includes a section requiring the verification of
employment eligibility through the E-Verify System.
The attached Resolution and First Amendment have been prepared and/or reviewed for legal
sufficiency by the Village Attorney.
There is no immediate fiscal impact.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
approving a First Amendment to the Interlocal Agreement with Palm Beach County for
Access to Common Talk Groups and authorizing the Mayor and Village Clerk to execute
the First Amendment 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 FIRST AMENDMENT TO
THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR
ACCESS TO COMMON TALK GROUPS; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-77, the Village Council approved an
Interlocal Agreement with Palm Beach County for access to common talk groups to ensure
continued interoperability and coordination for multi-jurisdictional operations; and
WHEREAS, the existing Interlocal Agreement will expire in October, and the Village Council
wishes to approve a First Amendment to the Agreement to extend the term for an additional five
years and to include E-Verify language required by Florida law; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests
of the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council approves a First Amendment to the Interlocal Agreement with
Palm Beach County for access to common talk groups, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the First Amendment
on behalf of the Village.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Village of North Palm Beach/First Amendment
Page 1 of 3
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT to the Agreement R2019-1625 dated October 22, 2019
(“Agreement”), is made as of ______________________, by and between Palm Beach County, a
political subdivision of the State of Florida, (“County”) and the Village of North Palm Beach, a
municipal corporation of the State of Florida (“Municipality”).
In consideration of the mutual promises contained herein, the County and Municipality agree as
follows:
1. The term of the Agreement, is renewed beginning on October 6, 2024 and continuing
through October 5, 2029, pursuant to the exercise of the first renewal option for five
(5) years.
2. The Agreement is hereby modified to add the following:
SECTION 26: E-VERIFY – EMPLOYMENT ELIGIBILITY
26.01 Municipality warrants and represents that it is in compliance with section
448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E-
Verify System (E-Verify.gov), and uses the E-Verify System to electronically verify
the employment eligibility of all newly hired workers; and (2) has verified that all of
the Municipality’s contractors and subcontractors performing any duties and
obligations under this Agreement are registered with and use the E-Verify System to
electronically verify the employment eligibility of all newly hired workers.
26.02 County shall terminate this Agreement if it has a good faith belief that
Municipality has knowingly violated Section 448.09(1), Florida Statutes as may be
amended.
3. Except as modified by this First Amendment, the Agreement remains unmodified and
in full force and effect in accordance with the terms thereof and is hereby ratified and
confirmed by the Municipality and County.
(Remainder of the page intentionally left blank)
Village of North Palm Beach/First Amendment
Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed as of the day and year first above written.
ATTEST: PALM BEACH COUNTY, a political
subdivision of the State of Florida
JOSEPH ABRUZZO
CLERK OF THE CIRCUIT
COURT & COMPTROLLER
By:
By: Maria Sachs, Mayor
Deputy Clerk
APPROVED AS TO FORM APPROVED AS TO TERMS AND
AND LEGAL SUFFICIENCY CONDITIONS
By:___________________________________ By:_________________________________
County Attorney Isami Ayala-Collazo, Director
Facilities Development & Operations
Village of North Palm Beach/First Amendment
Page 3 of 3
ATTEST: VILLAGE OF NORTH PALM BEACH,
Florida
By: _________________________________ By: ________________________________
Jessica Green, Village Clerk Susan Bickel, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Village Attorney
VILLAGE OF NORTH PALM BEACH
PARKS AND RECREATION
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: July 18, 2024
SUBJECT: RESOLUTION – Accepting a proposal from Mueller Construction and Management
Company d/b/a Mueller Construction Company for the renovation of the ground floor
restrooms at the Village Library and authorizing the execution of a Contract.
The ground floor restrooms at the Library are in need of renovation. This project will encompass both
the men's and women's facilities and will include the following updates:
Installation of new ADA doors and frames
Replacement of existing partitions with new partitions
Electrical upgrades, including LED lights with occupancy sensors
New plumbing systems, including:
o New toilets and urinals
o New hot and cold lines
o New sinks and faucets
Upgrades to vanity and countertops
Installation of new AC vent covers
Installation of new floor tiles in the restrooms and the small hallways just outside the restrooms
Replacement of the existing ceiling grid with a new one
Installation of a new baby changing station
Fresh paint for the restrooms and associated hallways
Elimination of one sit-down toilet in each restroom to achieve ADA compliance
For this project, Village staff reviewed the Palm Beach County School District contracts as a resource for
identifying suitable vendors. The Village’s purchasing policies and procedures authorize concurrent
competitive purchasing on other state and local government contracts. Mueller Construction provided a
very detailed quote, and staff obtained a secondary quote from IQ constructions to verify “fair market
value.”
Pricing:
Village staff solicited two (2) quotes to perform this work from the following contractors:
1. Mueller Construction - $128,348.00
2. IQ Constructions, Inc. - $142,516.05
As demonstrated above, Mueller Construction Company provided the lowest quote. Village staff
recommends award of this contract to Mueller Construction Company, pursuant to pricing established in
an existing contract with Palm Beach County School District (Bid No. 23C-26C), expiring on January 18,
2026.
Funding:
For Fiscal Year 2024, Staff initially allocated $75,000 for restroom renovations at the Library. Additionally,
Staff budgeted $13,000 for front lobby renovations, which we do not plan to pursue, and saved another
$13,000 by overestimating ceiling tile costs. This provides an extra $26,000, bringing the total available
funds to $101,000. Furthermore, Staff expects savings in other accounts to cover the full cost of the
project.
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Account Information:
Fund Department Account
Number Account Description Amount
General Fund Library A7927- 34620 Repair & Maintenance –
Buildings and Grounds $128,348.00
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
the proposal from Mueller Construction and Management Company d/b/a Mueller Construction
Company for the renovation of the ground floor restrooms at the Library in an amount not to
exceed $128,348.00, with funds expended from Account Number A7927- 34620 (Repair and
Maintenance – Buildings and Grounds); authorizing the Mayor and Village Clerk to execute the
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 A PROPOSAL FROM MUELLER
CONSTRUCTION AND MANAGEMENT COMPANY D/B/A MUELLER
CONSTRUCTION COMPANY FOR THE RENOVATION OF THE GROUND
FLOOR LIBRARY RESTROOMS PURSUANT TO PRICING ESTABLISHED IN AN
EXISTING SCHOOL DISTRICT OF PALM BEACH COUNTY TERM CONTRACT
FOR GENERAL CONTRACTING SERVICES FOR FACILITIES AND MINOR
REPAIRS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village requires a contractor to renovate the ground floor Library restrooms; and
WHEREAS, Village Staff recommended that the Contract be awarded to Mueller Construction and
Management Company d/b/a Mueller Construction Company pursuant to pricing established in a School
District of Palm Beach County Term Contract for General Contracting Services for Facilities and Minor
Repairs Under $300,000 (ITB 23C-26C); and
WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver
of any conflicting purchasing policies and procedures, is in the best interests of the residents of the
Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with Mueller Construction and
Management Company d/b/a Mueller Construction Company for the renovation of the ground floor
restrooms at the Village Library pursuant to pricing established in a School District of Palm Beach
County Term Contract for General Contracting Services for Facilities and Minor Repairs Under
$300,000 (ITB 23C-26C) and authorizes the Mayor and Village Clerk to execute the Contract on behalf
of the Village, a copy of which is attached hereto and incorporated herein. The total cost of this Contract
shall not exceed $128,348.00, with funds expended from Account No. A7927-34620 (Library – Repairs
& Maintenance Buildings & Grounds).
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 6
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 MUELLER CONSTRUCTION AND
MANAGEMENT COMPANY, a Florida corporation, d/b/a MUELLER CONSTRUCTION
COMPANY (hereinafter “CONTRACTOR”).
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to renovate the ground floor restrooms at the
Village Library; and
WHEREAS, the School District of Palm Beach County, through its competitive selection process,
awarded a Term Contract for General Contracting Services for Facilities and Minor Repairs Under
$300,000 (ITB 23C-26C) (“School District Contract”) to CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on
the pricing established in the School District Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the School District Contract,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. School District Contract. The School District of Palm Beach County Term Contract for
General Contracting Services for Facilities and Minor Repairs Under $300,000 (ITB 23C -26C)
(“School District Contract”) with CONTRACTOR, attached hereto as Exhibit “A,” is incorporated
herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the School District Contract and at the direction
of the VILLAGE, CONTRACTOR shall perform the services in accordance with its Estimate dated
May 16, 2024 (Estimate No. 2654), a copy of which is attached hereto as Exhibit “B” and incorporated
herein by reference.
B. The total cost of such services shall not exceed One Hundred and Twenty-Eight Thousand
Three Hundred and Forty-Eight Dollars and No Cents ($128,348.00).
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE
to CONTRACTOR to proceed and shall be completed within one hundred and twenty (120) days
of the VILLAGE’s issuance of the notice to proceed.
Page 2 of 6
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (School District Contract)
C. Exhibit “B” (CONTRACTOR’s Estimate)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior
written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE’s representative, indicating that goods and services have been
provided and rendered in conformity with this Contract, and they then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the School District Contract. Extensions or
renewals to the School District Contract or any modification including new products, terms, or price
changes to the School District Contract shall be submitted by CONTRACTOR to the VILLAGE for
approval. In the event the School District Contract expires and no new contract is let by the School
District, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew
this Contract under the same terms and conditions for an additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten
(10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon
providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR
waives any claims for damages from such termination, including, but not limited to, loss of anticipated
profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay
CONTRACTOR for work performed and accepted through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the School District Contract, with the VILLAGE named as an additional
insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
Page 3 of 6
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida
Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply
with all applicable federal, state, and local laws, regulations, and ordinances, including, but by no
means limited to, all requirements of the Village Code and the Florida Building Code. All permit
fees shall be paid by the VILLAGE.
10. Warranty/Guaranty. Unless a longer period is stated in the School District Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and completion
of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at CONTRACTOR’s place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. United States-Produced Iron and Steel Products. Any iron or steel product permanently
incorporated into the project shall be produced in the United States unless CONTRACTOR
demonstrates that such products are not produced in sufficient quantities, reasonably available, or of
satisfactory quality or the use of such products will increase the total cost of the project by more than
twenty percent (20%).
13. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
Page 4 of 6
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 waive any right they may have to trial by jury with
respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto . Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
Page 5 of 6
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible wi th the information
technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
MUELLER CONSTRUCTION AND MANAGEMENT COMPANY D/B/A MUELLER
CONSTRUCTION COMPANY
By:
Print Name:__________________________
Position:_____________________________
Page 6 of 6
VILLAGE OF NORTH PALM BEACH
By: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of Mueller Construction and Management
Company d/b/a Mueller Construction Company.
3. Mueller Construction and Management Company d/b/a Mueller Construction
Company does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
MUELLER CONSTRUCTION COMPANY
EIN: 30-0889322
1557 Cypress Dr Ste 5
Jupiter, FL 33469
+1 5612226408
info@muellerconstructioncompany.com
Estimate
ADDRESS
The Village of North Palm
Beach
303 Anchorage Dr
North Palm Beach, FL 33408
ESTIMATE #2654
DATE 05/16/2024
EXPIRATION DATE 07/15/2024
PROJECT NAME
Library - 2 Bathrm. Renovations
ACTIVITY QTY RATE AMOUNT
Preparation
Prep area with ram board and plastic to prepare
for dust protection and job start.
1 2,250.00 2,250.00
Demolition
Labor for demolition of existing interior bathroom
(ceiling grid, floors, vanities, toilets, doors, and
partitions) and saw cutting to open floors for
plumbers to move drains and cap drain to
accommodate for new ADA bathrooms.
1 11,280.00 11,280.00
Concrete & Rebar
Labor for concrete and rebar to install in areas
where concrete is cut-out where needed.
1 2,450.00 2,450.00
Material
Concrete, rebar, plastic and termite treatment
needed to close up floor.
1 780.00 780.00
Drywall
Install new drywall after opening up walls to
accommodate for new toilet supply lines and sink
drains.
1 3,500.00 3,500.00
Material
Drywall, mud, and tape.
1 504.00 504.00
Labor
Install four (4) New 36" doors and frames. Re-
frame for new openings to accommodate for new
ADA accessibility.
4 2,780.00 11,120.00
Material
Four (4) new 36"X7'-0" interior doors, frames,
hardware and closers.
4 2,581.00 10,324.00
Electrical 1 7,784.00 7,784.00
Pricing & Methods Per Palm Beach County School District Contract 23C-26C Capital Improvements.
ACTIVITY QTY RATE AMOUNT
Move and add electrical items need for new door
openings. Update lights to LED lights (10 total),
update GFCI plugs and switches to white in color
with occupancy sensors.
Material
Material for electrical work, including outlets,
LED lights, wiring, and switches to be updated to
white in color with occupancy sensors.
1 2,695.00 2,695.00
Plumbing
Install new toilets, urinal, hot & cold lines, and
fixtures.
1 4,850.00 4,850.00
Material
Materials for plumbing work including piping and
drains, toilets, sinks, urinal, faucets, and sink
drians.
1 12,894.00 12,894.00
HVAC
Labor to install four (4) new AC vents covers.
1 980.00 980.00
Material
Four (4) New AC vent Covers
1 442.00 442.00
Tile Installation
Labor for tile installation in renovated bathrooms,
hallways outside bathrooms, and main area
outside bathroom entries. Includes for new tiles
coved baseboards.
1 8,900.00 8,900.00
Material
Tile (approved by owner) and materials for tile
installation for bathrooms, hallways outside
bathrooms, and main area in downstairs area.
Each area to be affected by increase in door size
for ADA accessibility. Approximately 560sqft of
tile needed and approximately 600 LF of tile
base needed.
1 5,950.00 5,950.00
Labor
Install New Ceiling grid and New Ceiling Tiles.
1 3,480.00 3,480.00
Material
New Ceiling Grid, New Ceiling Tiles (both to be
white in color).
1 2,998.00 2,998.00
Labor
Install One (1) New Baby Changing Station,
Install New Partitions and Partition Doors in both
bathrooms for new layout.
1 5,850.00 5,850.00
Material
New Partitions, Partition doors, and one (1) new
baby changing station.
1 12,847.00 12,847.00
Painting
Paint new bathroom walls and associated
hallways with two (2) coats of paint with owner
approved color.
1 2,775.00 2,775.00
Material
Paint and primer (owner to supply approved
paint colors).
1 375.00 375.00
Fixtures 1 7,120.00 7,120.00
ACTIVITY QTY RATE AMOUNT
Four (4) sinks, four (4) faucets, two (2) vanity
frames and countertops, two (2) toilets, two (2)
urinals, and one (1) baby changing station.
Architectual Drawings
Architectual drawings for Project for Permitting &
Design.
1 3,200.00 3,200.00
Contractor Fees
Project Supervision, Office Overhead, Licenses,
Company Liability Insurance, and Workman
Compensation Insurance
1 3,000.00 3,000.00
Permitting Fees
Permit submittal will be completed by MCC.
Permitting fees TBD and will be paid by NPB.
1 0.00 0.00
AIA Documents will be submitted for approval for job progress
payments based on percentage of work completed to date.
TOTAL $128,348.00
Accepted By Accepted Date
Quote Form
General Contracting Service for Facilities Repairs and Maintenance.
Vendor Name:IQ. Constructions, Inc Date 5/28/2024
RFQ No/ Project Name:Bathroom Renovation. Main library
Labor
Description
(personal title/Reg. or O.T.)Qty. Hrs Labor Rate Extended Price
Project Manager 160.00 35.00$ 5,600.00$
Side Manager 240.00 32.00$ 7,680.00$
Carpinter 1 240.00 30.00$ 7,200.00$
Plumbing 40.00 30.00$ 1,200.00$
Finisher 1 120.00 30.00$ 3,600.00$
Painter 80.00 28.00$ 2,240.00$
Helper 1 240.00 18.00$ 4,320.00$
Helper 2 240.00 18.00$ 4,320.00$
Helper 3 240.00 18.00$ 4,320.00$
Total Labor 40,480.00$
Materials/Equitpment
Details Contractors Quantity Cost Plus Extended Price
(include mfg.,desc.,mfg. part#)Price Percentage
Plans and Permit 4,600.00$ 1.00 15%5,290.00$
Tile material $5.00 As Owner 5.00$ 590.00 15%3,392.50$
Install new ceiling, which area. 14.00$ 315.00 15%5,071.50$
Paint 254.00$ 2.00 15%584.20$
Vanity with 2 sink 4,500.00$ 2.00 15%10,350.00$
Partition 4,408.00$ 2.00 15%10,138.40$
Dumpster 849.00$ 2.00 15%1,952.70$
Jackhamer 251.00$ 1.00 15%288.65$
Install 4 new 36 door frames ADA 1,250.00$ 4.00 15%5,750.00$
Material 4 new 36x7' interior door 4,586.00$ 4.00 15%21,095.60$
Frames, Hardware and Closer
Move and Electrical items need for 2,150.00$ 4.00 15%9,890.00$
new door openning
Update lights to LED lights (10 tot)650.00$ 10.00 15%7,475.00$
Update GFCI plugs and switches to
white in color with occupancy sen
sores.
Material for electrical work, inclu 1,205.00$ 10 15%13,857.50$
ding outles, LED light, wiring and
switches to be updated to white
color with occupancy sensors.
which area.
Paint new bathroom walls and ass-2,500.00$ 1 15%2,875.00$
ociated hallways with 2 coats of
paint with owner approvad color
Out of the bathroom area
Total Mat'l/Equip.98,011.05$
Price Quantity Cost Plus Extended Price
Percentage
Misc. consumable materials *3,500.00$ 1.00 15%4,025.00$
Price Quantity Extended Price
Freight (expedited)**
142,516.05$
* Miscellaneous consumable materials: Items such as nuts, bolts, tape, etc. used in the completion of service.
** Freight (expedited): All freight shall be F.O.B. Destination-Pre Paid. Any expedited freight must be approved prior to shipment.
Proposal Submitted By: (signature)
Print Name:
Carry Forward From Additional Page ($)
Additional Discount
Grand Total
Solicitation 23C-26C
GC Services for Facilities Minor Repairs and Maint. Under
$300K
Bid Designation: Public
The School District of Palm Beach County
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 1
Bid 23C-26C
GC Services for Facilities Minor Repairs and Maint. Under $300K
Bid Number 23C-26C
Bid Title GC Services for Facilities Minor Repairs and Maint. Under $300K
Bid Start Date Nov 15, 2022 12:42:47 PM EST
Bid End Date Dec 9, 2022 2:00:00 PM EST
Question &
Answer End Date Nov 25, 2022 5:00:00 PM EST
Bid Contact Lorenzo Valdes
561-434-8210
lorenzo.e.valdes@palmbeachschools.org
Contract Duration 3 years
Contract Renewal 2 annual renewals
Prices Good for Not Applicable
Bid Comments The purpose and intent of this Invitation to Bid is to secure prices and to establish a Term Contract for General
Contracting Services for Minor Facilities Repair and Maintenance Under $300K , as specified herein. All bidders,
which meet or exceed the criteria established in the Invitation to Bid, shall be placed in the pool of pre-qualified
vendors that may be utilized by the School District of Palm Beach County departments in order to obtain price
quotations to provide General Contracting Services for Minor Facilities Repair and Maintenance Under $300K, as
specified herein.
You must download, fill out and upload the Bid Summary Document. The hourly wages you submit must be used
in calculating your quotes for the initial term of the contract.
Addendum # 1
New Documents 23C – 26C Addendum 1.pdf
Item Response Form
Item 23C-26C--01-01 - Please download, fill out and upload the Bid Summary Document
Quantity 1 fee
Prices are not requested for this item.
Delivery Location The School District of Palm Beach County
No Location Specified
Qty 1
Description
Please download, fill out and upload the Bid Summary Document
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 2
School District of Palm Beach County FL
Solicitation No.
23C-26C
RESPONSES ARE DUE PRIOR TO:
Dec 9, 2022
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www.BidSync.com
The School District of Palm Beach County is an
Equal Education Opportunity Provider and Employer.
https://www.palmbeachschools.org/cms/one.aspx?pageId=6165437
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 3
GENERAL CONDITIONS FOR BIDS
The General Conditions for Bids, Special Conditions, Specifications, Addenda, and/or any other
pertinent documents form a part of the Invitation to Bid, and by reference are made a part thereof.
1. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as
listed herein for The School Board of Palm Beach County, Florida (hereinafter referred to as the
“Board”), the corporate body politic that governs, operates, controls, and supervises the School
District of Palm Beach County, Florida (hereinafter referred to as “District”).
2. ANTI-COLLUSION: By electronically submitting a bid, the bidder certifies that it has not divulged,
discussed or compared its bid with other bidders and has not colluded with any other bidder or parties
to a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any
delivery of materials. Any such violation will result in the cancellation and/or return of materials (as
applicable) and the removal of the bidder from all bid lists for the School Board of Palm Beach County,
Florida.
3. BIDS: Bids will be received electronically through a secure site at BidSync.com until the date and time
as indicated in this bid document. Bids will be opened publicly at the School District of Palm Beach
County, Purchasing Department, 3300 Forest Hill Boulevard, Suite A-323, West Palm Beach, FL
33406-5813, and all bidders and general public are invited to attend. It is the sole responsibility of the
bidder to ensure its bid reaches PeriscopeS2G on or before the closing date and hour as indicated in
this bid document.
4. CONTRACT: The submission of your bid constitutes a firm offer by the bidder. Upon acceptance by
the Board, the Purchasing Department will issue a notice of award and purchase order(s) for any
supplies, equipment and/or services as a result of this bid. The Invitation to Bid and the
corresponding purchase order(s) will constitute the complete agreement between the successful
bidder and the Board. Unless otherwise stipulated in the bid documents or agreed to in writing by
both parties, no other contract documents shall be issued or accepted.
5. WITHDRAWAL: When a bidder wishes to withdraw a bid, a written request shall be submitted to the
Director of Purchasing and the request will be reviewed for consideration. In no case shall a bidder be
granted a release from a bid more than one time in a two-year period. A bidder may not withdraw a
bid after the final call for bids at a designated time of opening.
6. DEFAULT: In case of default by the bidder, the Board may procure the articles or services from other
sources and hold the bidder responsible for any excess costs incurred thereby.
7. FUNDING OUT/ CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE:
A. The School Board reserves the right to terminate this Contract for convenience, at any time and
for no reason, upon giving thirty (30) days prior written notice to Bidder. If the Contract is
terminated for convenience as provided herein, the School Board shall be relieved of all
obligations under the Contract. The School Board will only be required to pay to the Bidder that
amount of the Contract actually satisfactorily performed to the date of termination. The Bidder
shall not be entitled under any theory to payment for work not actually performed or lost profits.
B. If the Bidder materially breaches its obligations under this Contract, the Superintendent will
provide written notice of the deficiency by forwarding a notice citing the specific nature of the
material breach. The Bidder shall have thirty (30) days to cure the breach. If the Bidder fails to
cure the breach within the thirty (30) day period, the Superintendent shall issue a Notice of
Termination for Default. Once the Superintendent has notified the Bidder that it has materially
breached its Contract with the School Board, the Superintendent shall recommend to the School
Board that it terminates the Contract for Cause. Notwithstanding the foregoing, the School
Board reserves the right to terminate this Contract immediately with cause if necessary to
protect the health, safety, and/or welfare of the School District’s students or employees. The
School Board shall review and consider the Superintendent’s recommendation and determine
whether the Bidder should be suspended from doing future work with the School Board, and if
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 4
so, for what period of time. The School Board will consider the seriousness of the breach in
making a determination as to whether a Bidder should be debarred, and if so, for what period of
time. The School Board will consider the seriousness of the breach in making a determination as
to whether a Bidder should be debarred, and if so, for what period of time. Should the School
Board terminate for default in accordance with this provision, the School Board shall be
entitled to recover reprocurement costs in addition to all other remedies under law and/or equity.
For purposes of this Section, a “material breach” shall be defined as any substantial, unexcused
non-performance by failing to perform an act that is an important part of the transaction or
performing an act inconsistent with the terms and conditions of the Contract.
The Bidder shall have the option to terminate the Contract upon written notice to the Director of
Purchasing. Such notice must be received at least sixty (60) days prior to the effective date of
termination. Early termination of the Contract by the Bidder may result in removal from
bidders/responder list and may result in Bidder being debarred. The debarment shall be for a
period commensurate with the seriousness of the causes, generally not to exceed three (3)
years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to
an indefinite period.
C. Funding Out: Florida School Laws prohibit the Board or its designee from creating obligations on
anticipation of budgeted revenues from one fiscal year to another without year-to-year extension
provisions in the contracts.
It is necessary that fiscal funding out provisions be included in all bids in which the terms are for
periods of longer than one year.
Therefore, the following funding out provisions are an integral part of this Invitation to Bid and must
be agreed to by all bidders:
The Board or its designee may, during the contract period, terminate or discontinue the items
covered in this bid for lack of appropriated funds upon the same terms and conditions.
Such prior written notice will state:
1. That the lack of appropriated funds is the reason for termination, and
2. Board agrees not to replace the equipment or services being terminated with
equipment and services with functions similar to those performed by the equipment
covered in this bid from another vendor in the succeeding funding period.
“This written notification will thereafter release the School Board of Palm Beach County,
Florida of all further obligations in any way related to such equipment covered herein”.
When any of the parties desire to give notice to the other, such notice must be in writing, sent by
U.S. Mail/Federal Express/United Parcel Service or other traceable method, postage prepaid,
addressed to the party for whom it is intended at the place last specified. The place for giving
notice shall remain such until it is changed by written notice in compliance with the provisions of
this paragraph. For the present, the Parties designate the following as the respective places for
giving notice:
To School Board: Director of Purchasing Department
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite A323
West Palm Beach, FL 33406
With a copy to: Inspector General
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite C306
West Palm Beach, FL 33406
To Contractor:
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 5
8. BIDDERS’ RESPONSIBILITY: Before submitting its bid, each bidder is required to carefully examine
the Invitation to Bid delivery schedule, bid prices and extensions, insurance requirements, licensing
requirements, bid closing date and time and to completely familiarize itself with all of the terms and
conditions that are contained within the Invitation to Bid. Failure to do so on the part of the bidder will
in no way relieve it of any of the obligations and responsibilities which are a part of the Invitation to
Bid.
The Board objects to and shall not consider any additional terms or conditions submitted by a respondent,
including any appearing in documents attached as part of a respondent’s response. In submitting its
response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or
inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those
specifying information that must be submitted with a response, shall be grounds for rejecting a response.
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from
the date of award by the Board or time stated in special conditions.
9. AWARDS: In the best interest of the District, the Purchasing Department reserves the right to reject
any and all bids and to waive any minor irregularity in bids received; to accept any item or group of
items unless qualified by bidder; to acquire additional quantities at prices quoted on the Invitation to
Bid unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID
IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to
applicable Florida Statutes.
10. THE JESSICA LUNSFORD ACT: All awarded bidders who are permitted access on school grounds
when students are present, who may have direct contact with any student of the District, or who may
have access to or control of school funds must be fingerprinted and background checked. Awarded
bidder agrees to undergo a background check and fingerprinting if he/she is an individual who meets
any of the above conditions and to require that all individuals in the organization who meet any of the
conditions to submit to a Level 2 FDLE background check and FBI screening, including fingerprinting
by Fieldprint, Inc., at the sole cost of Awarded bidder. The report of the results will be immediately
transmitted to the School District’s Police Department, which shall be the sole determiner of
clearance. Awarded bidder shall not begin providing services contemplated by the Invitation to Bid
until Awarded bidder receives notice of clearance by the School District and is issued School District
badges. Compliance requiring all awarded bidders to register as a visitor before entering school
property and proper display of School District badges will be strictly enforced. Neither the Board, nor
its members, officers, employees, or agents, shall be liable under any legal theory for any kind of claim
whatsoever for the rejection of Awarded bidder (or discontinuation of Awarded bidder’s services) on
the basis of these compliance obligations. Awarded bidder agrees that neither the Awarded bidder,
nor any employee, agent or representative of the Awarded bidder who has been convicted or who is
currently under investigation for a crime delineated in section 435.04, Florida Statutes, will be
employed in the performance of the contract.
11. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in this transaction by the State of Florida or Federal
Government. Further, the bidder certifies that it will divulge information regarding any of these actions
or proposed actions with other governmental agencies. A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may not provide any goods or
services or transact business with The School District of Palm Beach County, Florida for a period of
36 months from the date of being placed on the convicted vendor list.
12. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of any
commercial advertising without prior approval of the District.
13. LOBBYING: Bidders are hereby advised that they are not to lobby with any district personnel or board
members related to or involved with this bid until the administration's recommendation for award has
been posted at BidSync.com, and at the Fulton Holland Educational Services Center, Purchasing
Department area. All oral or written inquiries must be directed through the Purchasing Department.
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 6
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership,
syndicate, corporation, and all other groups who seek to influence the governmental decision of a
board member or district personnel after advertisement and prior to the posted recommendation on
the award of the Contract.
Any bidder or any individuals that lobby on behalf of bidder during the time specified will result in
rejection / disqualification of said bid.
14. GOVERNING LAW AND VENUE: The Contract Documents shall be construed in accordance with the
laws of the State of Florida, without regard to conflict of laws provisions. If any litigation shall result
from the Contract Documents, the parties shall submit to the jurisdiction of the State Courts of the 15th
Judicial Court and exclusive venue shall lie in Palm Beach County, Florida. BY ENTERING INTO
THIS AGREEMENT, VENDOR AND SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A
REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER
WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY
MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE
ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR
JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING
THE MOTION.
15. TAXES: The School District of Palm Beach County, is exempt from any taxes imposed by the State
and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8013897253C-1 and
Federal Excise Tax No. 59-600783 appears on each purchase order. This exemption does not apply
to purchase of tangible personal property made by contractors who use the tangible personal property
in the performance of contracts for the improvements of School District-owned real property as
defined in Chapter 192, Florida Statutes.
16. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or
otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to
execute such contract to any person, firm, or corporation without prior written consent of the Board.
17. TERMINATION: This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice from the
aggrieved party identifying the breach. This Agreement may be terminated for cause for reasons
including, but not limited to, Vendor’s repeated (whether negligent or intentional) submission for
payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to
continuously perform the work in a manner calculated to meet or accomplish the objectives as set
forth in this Agreement. The Agreement may also be terminated for cause if the Vendor is placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List created to Section 215.473, Florida Statutes, or if the Vendor
provides a false certification submitted pursuant to Section 287.135, Florida Statutes.
This Agreement may also be terminated for convenience by the School District of Palm Beach County,
Florida
In the event this Agreement is terminated for convenience, Vendor shall be paid for any goods or
services properly performed under the Agreement through the termination date specified in the written
notice of termination. Vendor acknowledges and agrees that it has received good, valuable and
sufficient consideration from The School Board of Palm Beach County, Florida, the receipt and
adequacy of which are, hereby acknowledged by Vendor, for The School Board of Palm Beach
County, Florida’s right to terminate this agreement for convenience.
18. SUBCONTRACTING: If an awarded bidder intends to subcontract any portion of the Contract for any
reason, the name and address of the subcontracting firm must be submitted along with the bidder’s
bid or prior to use for approval. No subcontracting will take place prior to bid-awarded bidder
furnishing this information and receiving written approval from the District.
Bid 23C-26CThe School District of Palm
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1/24/2023 11:57 AM p. 7
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the
proper performance of a contract or failed to deliver on-time contracts of a similar nature, or who, the
District has determined in its sole discretion, is not in the position to perform the contract due to the
subcontractor’s size, experience, or resources. The District reserves the right to inspect all facilities of
any subcontractor in order to make determination as to the foregoing. The subcontractor will be
equally responsible for meeting all requirements specified in the Invitation to Bid.
19. DEBARMENT: The Board shall have the authority to debar a person / corporation for cause for
consideration or award of future contracts. The debarment shall be for a period commensurate with
the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or
blatant, a longer term of debarment may be imposed, up to an indefinite period.
20. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession of firearms
will not be tolerated in or near school buildings; nor will violations of Federal and State laws and any
applicable Board policy regarding Drug Free Workplace be tolerated. Violations will be subject to the
immediate termination provision heretofore stated in Paragraph 16, Legal Requirements.
"Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or
may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of
any such weapon; any destructive device; or any machine gun.
No person who has a firearm in their vehicle may park their vehicle on District property. Furthermore,
no person may possess or bring a firearm on District property.
If any employee of an independent contractor or sub-contractor is found to have brought a firearm on
District property, said employee must be terminated from the Board project by the independent
contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-
contractor's agreement with the independent contractor for the Board project shall be terminated. If
the independent contractor fails to terminate said employee, the independent contractor's agreement
with the Board shall be terminated.
Bidders are advised that they are responsible to ensure that no employee, agent or representative
of their company who has been convicted or who is currently under investigation for a crime against
children in accordance with section 435.04, Florida Statutes, will enter onto any school site.
21. PRODUCT RECALL: In the event the awarded bidder receives notice that a product delivered by the
awarded bidder to the District has been recalled, seized or embargoed, and/or has been determined
to be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor,
subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the awarded
bidder shall notify the District’s Bid Purchasing Agent within two business days of receiving such
notice. The District’s acceptance or failure to reject the affected product as non-conforming shall not
in any way impact, negate, or diminish the awarded bidder’s duty to notify the District’s Purchasing
Agent that the affected product has been recalled, seized or embargoed, and/or has been determined
to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of
such notice to the District shall include the name and description of the affected product; the
approximate date the affected product was delivered to the District; the bid number; and relevant
information relating to the proper handling of the affected product and/or proper disposition of the
affected product by the District, if necessary to protect the health, welfare, and safety of District
students or employees; and any health hazards known to the awarded bidder which may be caused or
created by the affected product. The awarded bidder shall, at the option of the Purchasing
Department and/or Purchasing Agent, either reimburse the purchase price or provide an equivalent
replacement product at no additional cost to the District. Unless it was absolutely necessary for the
District to dispose of the affected product, the awarded bidder shall be responsible for removal and/or
replacement of the affected product within a reasonable time, as determined by the District, without
causing significant inconvenience to the District.
At the option of the District, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the
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affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the District will be considered a default.
22. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract,
any State of Florida Contract, any contract awarded by any other city or county governmental
agencies, any other school board, any other community college/state university system cooperative
bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-
1.012(6) in lieu of any offer received or award made as a result of this bid, if it is in the best interest to
do so. The District also reserves the right to separately bid any single order or to purchase any item
on this bid if it is in its best interest to do so.
23. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response
to this Invitation to Bid agree that such response also constitutes a bid to all State Agencies and
Political Subdivisions of the State of Florida under the same conditions, for the same prices and for
the same effective period as this bid, should the bidder(s) deem it in the best interest of their business
to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of the
State of Florida to rebid any or all items.
24. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board to
purchase these items or services from other sources and hold the bidder responsible for any
excess costs incurred thereby. Further, the Purchasing Department may recommend to the School
Board that the vendor failing to deliver as specified be removed as a future bidder on all bids for a
period of up to three years.
25. ANTI-DISCRIMINATION: The Bidder certifies that they are in compliance with the non-discrimination
clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375
relative to equal employment opportunity for all persons without regard to race, color, religion, sex or
national origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be
applicable.
The Bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion,
national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or
treatment of sub-contractors, vendors, suppliers, or commercial customers. The Bidder shall provide
equal opportunity for sub-contractors to participate in all of its public sector and private sector sub-
contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in
the marketplace, such as those specified in the Palm Beach County School Board Policy 6.143. The
Bidder understands and agrees that violation of this clause is a material breach of the contract and
may result in contract determination, debarment, or other sanctions.
26. COMPLAINT NOTIFICATIONS: As part of its bid, Bidder shall provide to the District a list of all
instances within the past ten (10) years where a complaint was filed against Bidder in a legal or
administrative proceeding, regardless of whether the complaint has been resolved or is currently
pending, alleging that Bidder discriminated against an employee, independent contractor,
subcontractor, vendor, supplier, or commercial customer on the basis of race, gender, gender identity
or expression, religion, national origin, ethnicity, sexual orientation, age, or disability, in violation of
applicable Federal and/or Florida law.
The Bidder must provide a description of each of the complaint(s) and: (i) the terms of resolution of
all adjudicated/settled complaints, including any remedial action taken by Bidder; and (ii) the status
of, and Bidder’s response to, all pending complaints.
The School District will consider a Bidder’s complaint history information in its review and
determination of responsibility. The failure of a Bidder to comply with the requirements in
this Section will result in Bidder being deemed non-responsive by the Director of
Purchasing. If no complaints have been filed within 10 years, please so state on Company
Letterhead and upload with your response as proof.
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27. CONTRACT DISCLOSURE: Upon the District’s request, and upon the filing of a complaint against
awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded bidder agrees to
provide the District, within sixty calendar days, a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that bidder has used in the past five years on any of its
contracts that were undertaken within the District relevant geographic market as defined in Palm
Beach County School Board Policy 6.143, including the total dollar amount paid by bidder for each
subcontract or supply contract. Awarded bidder agrees to fully cooperate in any investigation
conducted by the District pursuant to this Policy. Bidder understands and agrees that violation of this
clause is a material breach of the Contract and may result in contract termination, debarment, and
other sanctions.
28. INDEMNIFICATION AND HOLD HARMLESS: Bidder shall, in addition to any other obligation to
indemnify The School Board of Palm Beach County, Florida and to the fullest extent permitted by
law, protect, defend, indemnify and hold harmless the School Board, its agents, officers, elected
officials and employees from and against all claims, actions, liabilities, losses (including economic
losses), costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property includingthe loss of use resulting there from, or any other damage or loss arising out of, or claimed tohave resulted in whole or in part from any actual or alleged negligent act or omission of thevendor, Contractor, subcontractor, anyone directly or indirectly employed by any of them, oranyone for whose acts any of them may be liable in the performance of the work; or
B. violation of law, statute, ordinance, governmental administration order, rule or regulation byContractor in the performance of the work; or
C. liens, claims or actions made by the vendor or any subcontractor or other party performing thework; or
D. claims by third parties (including, but not limited to, Contractor’s employees or subcontractors)based upon an alleged breach by Contractor of any agreement with such third party (e.g., anemployment agreement or licensing agreement), or allegation that Contractor’s provision ofservices to the School Board pursuant to the Contract infringes upon or misappropriates apatent, copyright, trademark, trade secret, or other proprietary right of the third party.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, typeof damages, compensation or benefits payable by or for the vendor of any subcontractor underworkers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar.
Bidder recognizes the broad nature of this indemnification and hold harmless article, and voluntarilymakes this covenant for good and valuable consideration provided by the School Board in supportof this indemnification in accordance with the laws of the State of Florida. This article will survivethe termination of this Contract.
29. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog
number in specifications is for the purpose of establishing a grade or quality of material only. It is not
the District's intent to rule out other competition, therefore, the phrase OR ACCEPTABLE EQUAL is
added. However, if a product other than that specified is bid, it is the vendor's responsibility to submit
with the bid brochures, samples and/or detailed specifications on items bid. The District shall be the
sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has
been no violation of copyrights or patent rights in manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and
all liability, loss or expense occasioned by any such violation.
30. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from bidders
separate manufacturer certification of all statements made in the response to Invitation to Bid.
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31. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering any
toxic substances item as defined in Code of Federal Regulation Chapter 29, shall furnish to the
Purchasing Department, a Material Safety Data Sheet (MSDS). The material safety data sheet shall
be provided with initial shipment and shall be revised on a timely basis as appropriate.
The MSDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosively and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
(3) The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances including appropriate
emergency treatment in case of overexposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name, address and
emergency telephone number of the manufacturer responsible for preparing the information.
Any questions regarding this requirement should be directed to: Department of Labor and
Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551
Executive Center Circle West, Tallahassee, FL 32301-5014, Telephone 1-800-367-4378.
32. OSHA: The bidder warrants that the product/services supplied to the School District of Palm Beach
County shall conform in all respects to the standards set forth in the Occupational Safety and Health
Act 1970, as amended, and the failure to comply with this condition will be considered as a breach of
contract.
33. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations
as well as School Board policies that in any manner affect the items covered by this Purchase Order
herein apply and must be adhered to by the vendor. Specifically, bidder(s) is to adhere to School
Board Policies 3.12 and 3.13, pursuant to the following, with respect to any criminal arrests and
convictions, and is on notice thereto that any employees involved in any Chapter 435, Florida
Statutes offenses are precluded from continuing to work on the project and must be replaced. Failure
to comply may result in the immediate termination of the awarded bidder’s contract at the sole
discretion of the District. Lack of knowledge by the bidder will in no way be a cause for relief from
responsibility.
In addition, if applicable, vendor compliance is required for the following: Clean Air Act (42 U.S.C. §§
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
Violations must be reported to FEMA and the Regional Office of the Environmental Protection
Agency. See 2 C.F.R. Part 200, Appendix II 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, as amended.
34. FEMA SPECIAL CONDITIONS: Funding for this Agreement and the individual POs may be
provided in whole or in part by one or more U.S. Government funding agencies. CONTRACTOR
may need to respond to events and losses where products and services are needed for the
immediate and initial response to emergency situations such as, but not limited to, water damage,
fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization,
and/or wind damage during a disaster or other emergency situation. During the performance of this
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Contract, CONTRACTOR accepts these Special Conditions required by the Federal Emergency
Management Agency (FEMA).
A. Contract Remedies
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount
below which an NFE may purchase property or services using small purchase methods,
currently set at $250,000 for procurements made on or after June 20, 2018,4 must address
administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms and must provide for sanctions and penalties as appropriate.
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at
$250,000 for procurements made on or after June 20, 2018. Although not
required for contracts at or below the SAT, FEMA suggests including a
remedies provision.
1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must
include a penalty clause in all contracts for any AFG-funded vehicle,
regardless of dollar amount. In that situation, the contract must include a
clause addressing that non-delivery by the contract’s specified date or other
vendor nonperformance will require a penalty of no less than $100 per day
until such time that the vehicle, compliant with the terms of the contract, has
been accepted by the recipient. This penalty clause should, however, account
for force majeure or acts of God. AFG recipients should refer to the applicable
year’s Notice of Funding Opportunity (NOFO) for additional information, which
can be accessed at FEMA.gov.
B. Termination for Cause and Convenience
Contracts for more than $10,000 must address termination for cause and for convenience by
the non-federal entity, including how it will be carried out and the basis for settlement.
2.1 - Applicability
This contract provision is required for procurements exceeding $10,000.
FEMA suggests including a termination for cause and for convenience in all
contracts even when not required.
C. Equal Employment Opportunity (if applicable)
1. CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. CONTRACTOR will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this Nondiscrimination clause.
2. CONTRACTOR will, in all solicitations or advertisements for employees placed by or
on behalf of CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
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instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer,
or is consistent with the CONTRACTOR's legal duty to furnish information.
4. CONTRACTOR will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of
CONTRACTOR's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and CONTRACTOR may
be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
8. CONTRACTOR will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or
CONTRACTOR. CONTRACTOR will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened
with, litigation with a subcontractor or CONTRACTOR as a result of such direction by the
administering agency, CONTRACTOR may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal Opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of CONTRACTORS and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
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compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a
CONTRACTOR debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive Order and
will carry out such sanctions and penalties for violation of the equal opportunity clause as
may be imposed upon CONTRACTORS and subcontractors by the administering agency or
the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
D. Compliance with the Davis-Bacon Act (if applicable)
1. All transactions regarding this contract shall be done in compliance with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R.
pt. 5 as may be applicable. CONTRACTOR shall comply with 40 U.S.C. 3141-3144,
and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
2. CONTRACTORS are required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the
Secretary of Labor.
3. Additionally, CONTRACTORS are required to pay wages not less than once a week.
E. Compliance with the Copeland “Anti-Kickback” Act (if applicable)
1. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
2. Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the
clause above and such other clauses as FEMA may by appropriate instructions
require, and also a clause requiring the subcontractor s to include these clauses in
any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
3. Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a CONTRACTOR and subcontractor as provided
in 29 C.F.R. § 5.12
F. Compliance with the Contract Work Hours and Safety Standards Act (if applicable)
1. Overtime requirements. No CONTRACTOR or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty (40) hours in
such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess
of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (b) (1) of this section the CONTRACTOR and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
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such CONTRACTOR and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (b)
(1) of this section, in the sum of $27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph
(b) (1) of this section.
3. Withholding for unpaid wages and liquidated damages. CONTRACTOR shall upon its
own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by CONTRACTOR or subcontractor under any such contract or any
other Federal contract with the same prime CONTRACTOR, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime CONTRACTOR, such sums as may be determined
to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
4. Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b) (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime CONTRACTOR shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section.
G. Compliance with the Clean Air Act (if applicable)
1. CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. CONTRACTOR agrees to report each violation to SCHOOL BOARD and
understands and agrees that SCHOOL BOARD will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
3. CONTRACTOR agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
H. Compliance with the Federal Water Pollution Control Act (if applicable)
1. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
2. CONTRACTOR agrees to report each violation and understands and agrees that
CONTRACTOR will, in turn, report each violation as required to assure notification to
the Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
3. CONTRACTOR agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
I. Suspension and Debarment (if applicable)
1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, CONTRACTOR is required to verify that none of CONTRACTOR’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
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180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
2. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
3. This certification is a material representation of fact relied upon by THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA. If it is later determined that
CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to THE SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
4. The bidder or proposer agrees to comply with the requirements o f2 C.F.R.pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
J. Recovered Materials (if applicable)
In the performance of this contract, CONTRACTOR shall make maximum
use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquired—
1. Competitively within a timeframe providing for compliance
with the contract performance schedule;
2. Meeting contract performance requirements; or
3. at a reasonable price.
Information about this requirement, along with the list of EPA designated
items, is available at EPA’s Comprehensive Procurement Guidelines web site.
CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
K. Prohibition on Contracting for Covered Telecommunications Equipment or Services
Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1,
Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment
or Services (Interim), prohibit the obligation or expending of federal award funds on certain
telecommunication products or from certain entities for national security reasons. Effective
August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
1. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
2. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology of
any system; or
3. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
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Applicability For purchases in support of FEMA declarations and awards issued on or after
November 12, 2020, all FEMA recipients and subrecipients, and their contractors and
subcontractors, are required to include this contract provision in all FEMA-funded contracts
and subcontracts, including any purchase orders.61 FEMA strongly encourages the use of
this contract clause for any contracts where FEMA funding will be used regardless of
whether the funding is from FEMA declarations or awards issued on or after November 12,
2020. Prohibition on Contracting for Covered Telecommunications Equipment or Services.
Definitions As used in this clause, the terms backhaul; covered foreign country;
covered telecommunications equipment or services; interconnection arrangements;
roaming; substantial or essential component; and telecommunications equipment or
services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications Equipment or
Services (Interim), as used in this clause
Prohibitions Section 889(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the
head of an executive agency on or after Aug.13, 2020, from obligating or expending
grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee
funds from the Federal Emergency Management Agency to:
i. Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any
system;
ii. Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of
any system; or
iv. Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service that
uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
Exceptions This clause does not prohibit contractors from providing:
i A service that connects to the facilities of a third-party, such as backhaul,
roaming, or interconnection arrangements; or Contract Provisions Guide 28
ii. Telecommunications equipment that cannot route or redirect user data traffic
or permit visibility into any user data or packets that such equipment transmits
or otherwise handles.
By necessary implication and regulation, the prohibitions also do not apply to covered
telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
are not used as critical technology of any system.
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ii. Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
Reporting requirements. In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of any system, or as
critical technology as part of any system, during contract performance, or the contractor is
notified of such by a subcontractor at any tier or by any other source, the contractor shall
report the information in established in this section to the recipient or subrecipient, unless
elsewhere in the contract documents established procedures for reporting the information.
CONTRACTOR shall report the following information pursuant to preceding paragraph
above of this section:
i. Within one (1) business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier unique
entity identifier (if known); supplier Commercial and Government Entity (CAGE) code
(if known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or recommended.
ii. Within ten (10) business days of submitting the information preceding paragraph
above of this section: Any further available information about mitigation actions
undertaken or recommended. In addition, the contractor shall describe the efforts it
undertook to prevent use or submission of covered telecommunications equipment or
services, and any additional efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or services.
e. Subcontracts.
iii. CONTRACTOR shall insert the substance of this Section, including this paragraph,
in all subcontracts and other contractual instruments.
L. Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest
extent practicable under a federal award, provide a preference for the purchase, acquisition,
or use of goods, products or materials produced in the United States. This includes, but is
not limited to, iron, aluminum, steel, cement, and other manufactured products.
Applicability For purchases in support of FEMA declarations and awards issued on or after
November 12, 2020, all FEMA recipients and subrecipients are required to include in all
contracts and purchase orders for work or products a contract provision encouraging
domestic preference for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law,
the contractor should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States.
This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured
products. For purposes of this clause: Produced in the United States means, for iron and
steel products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States. Manufactured products mean items
and construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates
such as concrete; glass, including optical fiber; and lumber.”
M. Access to Records (if applicable)
1. CONTRACTOR agrees to provide THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents,
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papers, and records of CONTRACTOR which are directly pertinent to this contract for
the purposes of making audits, examinations, excerpts, and transcriptions.
2. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. CONTRACTOR agrees to provide the FEMA Administrator or his authorized
representatives’ access to construction or other work sites pertaining to the work
being completed under the contract.
4. In compliance with the Disaster Recovery Act of 2018, THE SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA and CONTRACTOR acknowledge and agree that
no language in this contract is intended to prohibit audits or internal reviews by the
FEMA Administrator or the Comptroller General of the United States.
N. DHS Seal, Logo & Flags
CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
O. Compliance with FEMA Policies, Procedures and Directives (if applicable)
CONTRACTOR will comply with all applicable Federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
P. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to
any obligations or liabilities to the non-Federal entity, CONTRACTOR, or any other
party pertaining to any matter resulting from the contract.
Q. Compliance with the False Claims Act (31 U.S.C. §§ 3729-3733)
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to CONTRACTOR’s actions pertaining to this contract
.
R. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) (if applicable)
CONTRACTORS who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, officer or employee of Congress, or an employee of a
Member of Congress in connection with obtaining any Federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the recipient who in turn will forward the certification(s) to the awarding
agency.
35. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and
extend total. Prices must be stated in units of quantity specified in bid specifications. In case of
discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices
FOB destination, freight prepaid (unless otherwise stated in special conditions). Discounts for
prompt payment: Award, if made, will be in accordance with terms and conditions stated herein.
Each item must be bid separately and no attempt is to be made to tie any item or items in with
any other item or items. Cash or quantity discounts offered will not be a consideration in
determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of
30 days will be required for payment, and the discount time will be computed from the date of
satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified.
36. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new (current production model at the time of the bid). All
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containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
37. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured
items and fabricated assemblies shall be UL listed or re-examination testing where such has
been established by UL for the items offered and furnished.
38. DELIVERY: Unless actual date of delivery is specified, show number of days required to make
delivery after receipt of purchase order in space provided. Delivery time may become a basis for
making an award (See Special Conditions). Delivery shall be within the normal working hours of
the user, Monday through Friday, excluding holidays unless otherwise specified on the purchase
order.
39. QUALITY: The items bid must be new and equal to or exceed specifications. The
manufacturer's standard guarantee shall apply. During the guarantee period the successful
bidder must repair and/or replace the unit without cost to the District with the understanding that
all replacements shall carry the same guarantee as the original equipment. The successful
bidder shall make any such repairs and/or replacements immediately upon receiving notice from
the District.
40. SAMPLES, DEMONSTRATIONS AND TESTING:
A. Samples of items, when required, must be furnished free of expense and if not destroyed, will
upon request, be returned at the bidder's expense. Request for the return of the samples must
be indicated on his or her bid. Each individual sample must be labeled with bidder's name, bid
number and item number. Failure of bidder to either deliver required samples or to clearly identify
samples as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples
should be delivered to the Purchasing Department, School District of Palm Beach County.
B. When required, the District may request full demonstrations of any units bid prior to the award of
any contract.
C. Items may be tested for compliance with specifications under the direction of the Florida
Department of Agriculture and Consumer Services, or an independent testing laboratory. Bidders
shall assume full responsibility for payment for any and all charges for testing and analysis of any
materials offered or delivered that do not conform to the minimum required specifications.
Bidder's disposition of all items delivered in this category must be at no expense to the District.
41. INSPECTION AND ACCEPTANCE OF GOODS: The awarded bidder shall be responsible for
delivery of items in good condition at point destination. Bidder shall file with the carrier all claims for
breakage, imperfections, and other losses, which will be deducted from invoices. The District will
note, for the benefit of successful bidder, when packages are not received in good condition. In the
event the material and/or services supplied to the District is found to be defective or does not
conform to specifications, the District reserves the right to cancel the order upon written notice to the
seller and return the product to seller at the seller's expense.
42. LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where bidders are required to enter or go
onto District property to deliver materials or perform work or services as a result of bid award, the
bidder will assume the full duty obligation and expense of obtaining all necessary licenses, permits
and insurance. Bidder shall be liable for any damage or loss to the District incurred by bidder,
bidder's employees, licensees of the bidder or agent or any person the bidder has designated in
completion of his or her contract as a result of the bid; further bidder shall be liable for all activities of
bidder occasioned by performance of the Contract. Notwithstanding the foregoing, the liability herein
shall be limited to ten million dollars ($10,000,000) and the bidder recognizes that and covenants that
it has received consideration for indemnification provided herein.
43. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the
materials/service from use as specified will not relieve the bidder from responsibility.
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44. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the
bid in the amount specified in Special Conditions. Bid bonds will be returned to unsuccessful
bidders. After award of contract, the District will notify the successful bidder to submit a performance
bond in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid
bond will be returned to the successful bidder.
45. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be purchased
during the term of award. Actual quantities purchased may often exceed or be less than quantities
shown. Orders will be placed as needed by individual locations during the contract period. The bidder
agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased.
46. ORDERING PROCEDURE: Specific Items: After approval of Contract award by the Board, a letter of
contract acceptance will be issued to each successful bidder acknowledging which goods or services
have been awarded. Separate purchase orders will be issued based on specific items at firm, fixed
prices listed in the bid.
Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based on
catalog and/or price lists.
No item may be shipped or service performed that is not listed on the purchase order.
47. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted for
review by interested parties at BidSync.com on the date of bid electronic mailing and will remain
posted for a period of 72 hours. Failure to file a specification protest within the time prescribed in
section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida
Statutes, and applicable Board rules, regulations and policies.
48. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the
procedures outlined in section 120.57(3), Florida Statutes, the Invitation to Bid, and School Board
Policy 6.14.
Any person who files an action protesting bid specifications, a decision or intended decision pertaining
to this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the Purchasing
Department, at the time of filing the formal written protest, a bond secured by an acceptable surety
company in Florida payable to The School Board of Palm Beach County, Florida in an amount equal
to one percent (1%) of the total estimated contract value, but not less than $500.00 nor more than
$5,000.00. Bond shall be conditioned upon the payment of all costs that may be adjudged against the
protester in the administrative hearing in which the action is brought and in any subsequent appellate
court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company
check or money order will be acceptable form of security. If, after completion of the administrative
hearing process and any appellate court proceedings, the District prevails, it shall recover all costs
and charges included in the final order of judgment, including charges by the Division of Administrative
Hearings. Upon payment of such costs and charges by the protester, the protest security shall be
returned.
49. TIE BID: According to FS 287.087, in the event of a tie, preference shall be awarded to vendors with
Drug Free Work Place programs. Whenever two or more responses are equal with regard to price,
quality, and service, a bid received from a business that certifies that it has implemented a Drug Free
Work Place program shall be given preference in the award process. In the event both vendors have
a Drug Free Work Place program, preference shall be awarded to the vendor who is certified as an
SBE certified vendor with the School District. If both vendors meet all three requirements, according to
standard purchasing practice, the tie will be resolved by a coin toss. The vendor whose company’s
name comes first in the alphabet will be assigned “heads” and the second vendor will be assigned
“tails”. The coin will be tossed a minimum of three times. The vendor whose side of the coin
selected wins two out of three times will be the named as the first ranked proposer and
recommended for award. In the event of a 3-way (or more) tie, the vendor’s company name will be
chosen in a drawing.
50. INTERPRETATIONS: Neither PeriscopeS2G nor any employee of the District is authorized to
interpret any portion of the Invitation to Bid or give information as to the requirements of the bid in
addition to that contained in the written bid document. Interpretations of the bid or additional
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information as to its requirements, where necessary, shall be communicated to bidders by written
addendum.
51. SPECIAL CONDITIONS: To the extent that any conflict exists between the provisions of the
General Conditions, the Special Conditions, and bidder’s proposal, the order of precedence to
resolve a conflict shall apply: 1) the Special Conditions, 2) the General Conditions, and all exhibits
thereto, including any addenda, 3) Contractor’s response to the ITB, including any appendix and
exhibits.
52. DISPUTE RESOLUTION: As a condition precedent to a party bringing any suit for breach of
contract related to this bid, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the parties
cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of
non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The
existence of a dispute shall not excuse the parties from performance pursuant to this bid. This
remedy is supplemental to any other remedies available at law.
53. WAIVER PROVISION: The parties agree that each requirement, duty and obligation set forth herein
is substantial and important to the formation of this bid and, therefore, is a material term hereof.
Any party’s failure to enforce any provision of this bid shall not be deemed a waiver of such
provision or modification of this bid. A waiver of any breach of a provision of this bid shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a modification of the
terms of this bid.
54. Trade Secrets: Upon receipt, all submittals become Public Records and shall be subject to
public disclosure consistent with Chapter 119, Florida Statutes.
By submitting its bid, Bidder understands and waives any claim of confidentiality, including trade secrets, to its
pricing and/or cost of service related submittals.
Any Bidder that intends to assert that certain materials are exempt from public disclosure under Chapter 119,
Florida Statutes must submit the documents in a separate bound document or file labeled “Name of
Firm, Attachment to Proposal Package. Bid# - Confidential Matter.” In addition, the firm must identify
the specific statute that authorizes the exemption from Chapter 119, Florida Statutes. CD or DVDs
included in a submittal must also comply with this requirement and the firm must separate any CD or
DVDs claimed to be confidential.
Any claim of confidentiality on materials that the Proposer asserts to be exempt and placed
elsewhere in the submittal will be considered waived by the Proposer upon submission, upon
opening.
The School District will provide Proposer with prompt notice by phone and/or email of any request for public
records in which that Proposer has claimed an exemption information being a Trade Secret so that the
Proposer may see, at its sole expense, an appropriate protective order from a court of competent
jurisdiction. In the event the Proposer elects not to seek an appropriate protective order or is unable
to obtain such an order within no later than ten (10) business days following receipt of notice, the
Proposer agrees and consents that the School District shall be permitted to respond to the public
records request with the response not being deemed a breach by the School Board of its obligations
under the Agreement or the Florida Statutes governing Trade Secret exemptions. The Proposer
would then be waiving any rights relating to Trade Secrets under Florida Law. Proposer agrees to
defend, indemnify, and hold harmless the School District and School Board and the School District’s
officers, employees, School Board members, and agents, against any loss, damages, judgements,
attorneys’ fees or cost incurred by School Board as a result of the School District’s providing the
records in response to the public records request or withholding them based on Proposer’s assertion
of the Trade Secret exemption.
The indemnification provisions survive the School Board’s award of the contract and remain as long
as the trade secret data is in the possession of the School Board.
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Revised 09/12/2022
23C - 26C - SPECIAL CONDITIONS
(Upon receipt, all submittals become Public Records and shall be subject to public disclosure consistent
with Chapter 119, Florida Statutes. See paragraph 54 in General Conditions for details.)
A. SCOPE:
The purpose and intent of this Invitation to Bid is to secure prices and establish a Term
Contract for General Contracting Services for Minor Facilities Repair and Maintenance
Under $300K, as specified herein. The purpose and intent of this Invitation to Bid is to secure
prices and to establish a Term Contract for General Contracting Services for Minor Facilities
Repair and Maintenance, as specified herein. All bidders, which meet or exceed the criteria
established in the Invitation to Bid, shall be placed in the pool of pre-qualified vendors that may
be utilized by the School District of Palm Beach County departments in order to obtain price
quotations to provide General Contracting Services for Minor Facilities Repair and
Maintenance, as specified herein.
B. DELIVERY:
Items in the Invitation to Bid are for various schools and departments located throughout
Palm Beach County and are not for delivery to any central location. Deliveries are to be FOB
destination as per purchase order. All deliveries made to schools and departments shall require
inside delivery unless otherwise specified.
C. PERISCOPES2G:
1. All offers must be submitted electronically to PeriscopeS2G at BidSync.com.
Including all required documents listed in the solicitation. No other responses will
be accepted, including hard copy or emailed responses.
2. PeriscopeS2G supports online document tracking and completion. All documents
must be viewed/accepted before the bid packet can be viewed and an offer can be
placed.
3. The District will only consider offers that have been uploaded and submitted
through PeriscopeS2G PRIOR to the bid closing date and time. As with any
document upload, larger documents and/or heavy user activity may result in
longer upload times. Please allow sufficient time to complete your offer.
4. Only Microsoft Windows supported documents file extensions will be accepted.
5. IMPORTANT INFORMATION: For help filling out your offer, please visit:
https://support.bidsync.com/hc/en-us/articles/222437508-How-do-I-respond-to-a-
bid-
All responses entered into PeriscopeS2G must be typed in. DO NOT cut and
paste from any other program. Doing so may corrupt or invalidate your
response and not allow you to respond.
In order to complete this response process, you must first select “Review
response,” verify the information is correct then enter your password and select
“Confirm & submit response.”
After clicking “Confirm & submit response,” a confirmation page loads with “Offer
Received” at the top of the page. If you do not see this confirmation, your offer was
not submitted successfully.
If you select to receive a confirmation e-mail indicating a successful response you
will receive a confirming email within five minutes.
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If you do not receive confirmation that your offer has been received, please call
Periscope S2G at 800-990-9339 Option 1 (Customer Care) and then Option 1
(Vendor Assistance).
In the event an addendum(s) to a solicitation is created, the addendum(s) will be distributed
by PeriscopeS2G to all who are known by the Purchasing Department to have received a
complete set of proposal documents.
Be advised that registering with PeriscopeS2G is a FREE service.
D. BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT:
The School District is requesting this affidavit to include a list of every “person” (as defined in
Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint
adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations
and all other groups and combinations) holding 5% or more of the beneficial interest in the
disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be downloaded, signed, notarized and uploaded with your bid
response. The Proposer must submit all supporting documentation in the name of the
Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable.
E. SBE PREFERENCE:
Award recommendations shall make appropriate adjustments to pricing when considering
solicitations from a District certified Small Business Enterprise (SBE) if the bid price does not
exceed the lowest bidder's price by an amount greater than $50,000 or 5%, whichever is less.
In instances where the certified SBE's price difference is greater than $50,000 or 5%, the
lowest responsive, responsible bidder will be awarded the contract and the goals shall be
deemed waived. The requirements to qualify for the SBE are to be certified by the School
District of Palm Beach County, subject to the criteria indicated in paragraph P. The District
does not recognize any other certifications. Graduation from the District SBE Certification
Program shall void certification if a vendor has exceeded the revenue/sales size standards for
their industry specific classification for the previous three year period. See Paragraph N, SBE
GOAL, and Paragraph P, SMALL BUSINESS ENTERPRISE PARTICIPATION, for
complete detail. For District certification go to
https://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application.
F. AWARD:
In order to meet the needs of the various schools and departments and in the best interest of
the School District, this Contract will be awarded to ALL responsive, responsible bidders
meeting specifications, terms and conditions of this bid to provide a complete 100% turnkey
Minor Facilities Repair and Maintenance project(s) based on their prices submitted on the Bid
Summary Document contained in this bid. Whenever work is needed, awarded vendors will
be notified to provide a Quote for that project. The project may be given to the vendor with the
best price for that project after adjustments have been made for all preferences that may be
applicable.
All quotes must include the cost for labor, materials and installation/repair and the pricing shall
be broken out for verification of pricing against pricing submitted on attached Bid Summary
Document. Contractors shall use the Bid 23C-26C Quote Document provided for each project
when responding to quotes. Quotes that do not follow this requirement, may be rejected. There
will be no additional charge for consultation or troubleshooting on any particular project. Once
awarded, vendor shall not request any increases.
Emergency repairs: Emergency repairs are defined as situations where immediate repairs are
required to prevent the loss of service to alleviate the possibility of a situation which would
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adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise
cause loss to the School District. In the event of an emergency, the District shall select a vendor
from the pool of awarded vendors on a rotating basis to provide emergency repair services.
The contacted vendor shall respond within 24 hours. Upon completion of the emergency job
the vendor shall notify Facility Management Coordinator and an itemized invoice reflecting the
pricing submitted on the Bid Summary document shall be submitted within 24 hours.
In emergency situations where there are extended lead times, fabrication time, or the work will
not take place immediately, a written quote shall be submitted to the Facility Management
Coordinator. This quote should include estimated time of completion, lead times, and other
pertinent information. Emergency services may require work be performed after regular hours,
weekends, and holidays. Awarded vendors who are unavailable for a particular project shall
be required to provide written notification that they will be unavailable to respond. Vendors
shall not refuse any project based solely upon its location and dollar amount. For non -
emergency repairs see paragraph BB.
The Board reserves the right to undertake inquiries into proposer’s financial and/or litigation
history, and by submitting a proposal, the proposer expressly consents to these inquiries.
The Board, through its designee(s), reserves the right to further negotiate any proposal,
including price and warranty, with all responsible and responsive bidders to meet the needs
of the District. If a mutually beneficial agreement with the bidder offering the lowest cost and
who is deemed responsible and responsive cannot be resolved, The Board, through its
designee(s), reserves the right to enter into negotiations with the next bidder offering the
lowest cost and who is deemed responsible and responsive until an agreement is reached
to meet the needs of the District. Upon award of a particular item to the successful bidder,
the vendor cannot substitute an item without prior approval by the Purchasing Department.
Vendor must supply the item that was specified according to their bid response unless
instructed otherwise by the Purchasing Department.
The Purchasing Department or their designee reserves the right to use the next bidder offering
the lowest cost and who is deemed responsible and responsive in the event the original
awardee of the bid cannot fulfill their contract, subject to the terms and conditions of Preference
awards as provided herein. The next bidder offering the lowest cost and who is deemed
responsible and responsive prices must remain the same as originally bid and must remain
firm for the duration of the contract.
G. TERM OF CONTRACT:
The term of this contract shall be for three (3) years from the date of award and may, by mutual
agreement between the School District and the awardee(s), be renewable for two (2) one-year
period(s). If considering renewing the Contract, the Board, through the Purchasing
Department, will provide a letter of intent to renew the Contract to the awardee(s) 120 days
prior to the end of the initial term of the Contract period or any subsequent renewal term. If
needed, the Contract may be extended 120 days beyond the Contract expiration date or any
subsequent renewal periods. The awardee(s) will be notified when the Board has acted upon
the recommendation. All prices shall be firm for the entire length of the Contract and all
subsequent renewal periods unless the conditions below are met, nothing prohibits the District
from accepting lower pricing during the term of this contract.
1) Price Escalation SCHOOL BOARD may consider pricing increases during the term
of the initial contract period, and any/all subsequent renewal periods if the following
conditions occur: a) There is a verifiable price increase to the provider of the bid
items(s); b) CONTRACTOR submits in writing, notification of price increases(s); c) The
price increase shall be comparable to documented changes in industry related indices;
d) price increases due to seasonal and/or unforeseen market conditions during the
term of the initial contract period, and any/all subsequent renewal periods; e)
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CONTRACTOR shall submit the above information to the Purchasing Department no
less than thirty (30) calendar days prior to the effective date of the requested price
increase.
When the CONTRACTOR complies with the above-mentioned conditions, Purchasing
will review the information to determine if it is in the best interest of the School District
to adjust the pricing on the effective date of price increase.
CONTRACTOR must receive written notice from Purchasing that SCHOOL BOARD is
in acceptance of the new price(s) before processing any orders at the new cost.
CONTRACTORS are also expected to pass along any/all decreases on
products/services OR to keep product pricing constant (remain the same) when market
conditions warrant no such increases
H. REFERENCES:
Electronically Complete the Reference Document and include at least five (5) references
from customers that you have contracted with to provide General Contracting Services.
This should include at least one reference from a customer who has been with you for
a year or less, three references from veteran customers with long term or repeat
contracts and at least one reference from a past customer who is currently not under
contract with you. Please do not include the School District of Palm Beach County as
a reference.
NOTE: The information requested must include a current contact name, phone number
and email address for each reference.
I. QUALIFICATIONS:
Provide photocopies of the following (valid and current) licenses and/or certificates: Failure
to provide this documentation may result in rejection of bid.
If you are a business located within Palm Beach County please provide:
1. Palm Beach County Local Business Tax Receipt, formerly Occupational License.
AND
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof
may be provided by either submitting a copy of the Letter of Authority issued by the
Office of the Secretary of State or by submitting a copy of the Certificate of Status
Verification which may be obtained via Sunbiz.org-Department of State.
AND
3. Copy of the proposer’s Certified General Contractor’s (CGC) License, issued by the
Florida Department of Business and Professional Regulations. By submitting a bid,
each bidder certifies that they possess a current certificate of competency issued by
the State of Florida. All subcontractors must have appropriate licenses.
Per Florida Statutes 607.1501, A foreign corporation may not transact business in this state until it
obtains a certificate of authority from the Department of State. For information on how to register to
do business in the State of Florida go to: https://dos.myflorida.com/sunbiz/forms/
If you are an out of the county business please provide:
1. a current Business Tax Receipt within that county you are registered
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AND
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof may
be provided by either submitting a copy of the Letter of Authority issued by the Office
of the Secretary of State or by submitting a copy of the Certificate of Status Verification
which may be obtained via Sunbiz.org-Department of State.
AND (if applicable)
3. Copy of the proposer’s Certified General Contractor’s (CGC) License, issued by the
Florida Department of Business and Professional Regulations. By submitting a bid,
each bidder certifies that they possess a current certificate of competency issued by
the State of Florida. All subcontractors must have appropriate licenses.
The bidder(s) must complete and submit the Questionnaire Form with this bid.
The bidder(s) must have an adequate organization, facilities, equipment, and personnel to insure
prompt and efficient service. The District reserves the right, before recommending any award, to
inspect the facilities to determine ability to perform. The District reserves the right to reject bids
where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the
bidder to perform.
J. PLACING AN OFFER:
The Board objects to and shall not consider any additional terms or conditions submitted by
a respondent, including any appearing in documents attached as part of a respondent’s
response. In submitting its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply with terms and conditions, including those specifying information that must
be submitted with a response, shall be grounds for rejecting a response.
All offers must be submitted electronically to PerscopeS2G at BidSync.com. No offer will be
considered if submitted after the closing date and time. Hard copy bids will not be accepted.
Allow sufficient time to complete your offer, and follow all steps outlined in Paragraph C.
If necessary, an addendum will be distributed by PeriscopeS2G to all who are known by the
Purchasing Department to have received a complete set of proposal documents.
K. BID QUESTIONS:
From the time this solicitation is posted until the time a Decision or Intended Decision is
posted, potential Proposers and employees, representatives, partners, director, officers, or
other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any
School District employee, Member of the School Board, Member of a School District
Advisory Committee that may evaluate the awarded contract, or person selected to evaluate
or recommend selection of the awarded Proposer. Violation of the Cone of Silence sha ll
result in rejection/disqualification of the Proposer from award of a contract arising out of this
solicitation. Further, in order to protect the integrity of the award process, all questions
regarding this solicitation must be submitted via PeriscopeS2G no later than 5:00 p.m. EST,
on November 25, 2022. Questions received via PeriscopeS2G by the time and date
specified will be answered in writing and posted on PeriscopeS2G. Lorenzo Valdes is
authorized only to direct the attention of prospective proposers to various portions of the Bid
so that they may read and interpret such for themselves. Neither Lorenzo Valdes nor any
employee of the District is authorized to interpret any portion of t his Bid or give information
as to the requirements of the Bid in addition to that contained in the written documents.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
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L. POSTING OF BID RECOMMENDATION / TABULATIONS:
Bid recommendations and tabulations will be posted electronically with PeriscopeS2G for
review by interested parties, on December 14 at 3:00 p.m., EST, and will remain posted for
a period of 72 hours. If the bid tabulation with recommended awards is not posted by said
date and time, A "Notice of Delay of Posting" will be posted to inform all bidders of the new
posting date and time.
Any person adversely affected by the decision or intended decision, as defined in School
Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the
posting of the notice of decision or intended decision. Saturdays, Sundays and State
Holidays shall be excluded in the computation of the 72-hour time period. The formal written
protest must be filed within 10 days after the date the notice of protest is filed. The formal
written protest shall state with particularity the facts and law upon which the protest is based.
Failure to file a notice of protest or to file a formal written protest within the time prescribed
in section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under chapter
120, Florida Statutes.
M. SBE GOAL:
The Board strongly encourages the use of Small Business Enterprises for participation as
partners: joint venture partners, subcontractors, sub-consultants and prime contractors, in the
District’s contracting opportunities. A listings of Certified Small Business Enterprises can be
found on the District’s Office of Diversity in Business Practices web site at
http://www.palmbeachschools.org/diversityinbusiness.
N. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and receiving
written approval from the District. Subcontractors will be required to conform to the Jessica
Lunsford Act as noted in the General Conditions document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed
in the proper performance of an award or failed to deliver on-time contracts of a similar nature,
or who is not in the position to perform this award. The School District Representative reserves
the right to inspect all facilities of any subcontractor in order to make determination as to the
foregoing. The subcontractor will be equally responsible for meeting all requirements specified
in this Invitation to Bid. Vendors are encouraged to seek SBE business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
O. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:
An SBE business must meet The School District of Palm Beach County’s (SDPBC) eligibility
standards incorporated in the definition of Small Business Enterprise (SBE) as outlined in
School Board Policy 6.143, Diversity and Equitable Utilization in Business, which requires
that the business be certified by SDPBC.
SDPBC defines a Small Business Enterprise (SBE) as having average annual gross sales
that are less than fifty (50%) of the small business size standard as defined by the U.S. Small
Business Administration (SBA) for a firm’s relevant industry. The average number of full-
time employees over the last three years that is less than fifty percent (50%) of small business
size standard as defined by SBA for the business firm’s relevant industry. See SBE
guidelines at: www.sba.gov/federal-contracting/contracting-guide/size-standards.
The principal place of business of the SBE must be in Palm Beach County, Broward County,
and /or Miami Dade County. The firm’s headquarters must be located in Palm Beach County,
Broward County, and/or Miami Dade County with either, a majority of the firm’s gross
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revenues or sales derived there, or a majority of firm’s employees domiciled in one of these
counties.
An SBE business must have received less than fifteen million dollars ($15 million) in contract
payments from the School District of Palm Beach County projects or contracts in the fiscal
year preceding the bid.
An SBE business shall be independent (a free-standing business) and recognized as a
separate entity for tax purposes. Businesses that share common ownership, space,
employees, or other facilities, may be considered as a single business for this program
without reference to tax status.
The business must have been established and operational for a period of at least one (1) full
year prior to the certification application. The business’s address must include street number,
name of the street, suite number, if any, and correct zip code. A post office box is
unacceptable without the physical street address.
Revenues or Sales Size Standards:
Procurement Program – Any firm that has had an average cumulative gross sales or
revenues of greater than seven million dollars ($7 million) over the last three (3) years shall
not be considered eligible to participate in the School District’s SBE program for procurement.
SDPBC will accept SBE certification on a school district solicitation if the bidder can
demonstrate that they meet the guidelines as outlined in the School District’s Small Business
Enterprise Program eligibility guidelines. Industry specific classification and income thresholds
are consistent with and meets the standards contained in School Board Policy 6.143 and the
Office of Diversity in Business Practices Procedures Manual as depicted in the chart below.
INDUSTRY INCOME THRESHOLD
Construction Not to exceed $13,000,000.
Professional Services Not to exceed $6,000,000.
General Procurement Not to exceed $7,000.000.
SBE Vendor Directory:
The Vendor Directory represents SBE vendors certified only by the School District of Palm
Beach County. Vendors certified as an SBE with any entity or agency other than the School
District of Palm Beach County will not be accepted. The District does not have reciprocity
with any other certifying Agency/Entity. The District has an Inter-local Agreement (IA) with
The City of West Palm Beach, Palm Beach County and Miami-Dade County Public Schools;
however, SBE bidders must have met the certification eligibility criteria of the District’s
certification program at the time of documentation submittal in order to be deemed a District
Certified SBE.
Goal: The Goal established for this industry classification is an SBE Bid Preference
of 5% for the participation of Small Business Enterprises.
SBE Bid Preference:
Pursuant to Board Policy 6.143, award recommendations shall make appropriate adjustments
to pricing when considering solicitations from School District of Palm Beach County (SDPBC)
certified Small Business Enterprises (SBE) if the bid price does not exceed the lowest bidder's
price by an amount greater than $50,000 or 5%, whichever is less. In instances where the
certified SBEs price difference is greater than $50,000 or 5%, the lowest responsive,
responsible bidder will be awarded the contract and the goals shall be deemed waived.
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Qualification requirements for SBE Bid Preference are, the bidder must be certified by the
School District of Palm Beach County, at the time the bid is submitted. The District does not
recognize any other certifications. Bidders must submit their School District
Certification Certificate with the bid. For District certification go
to http://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application. The Office of Diversity in Business Practices will review the
certification database to ensure that all SBE’s are certified at the time the bid is submitted.
Small Business Enterprise Participation:
Bidders who list SBE subcontractors as participants in their bids must complete and submit the
Subcontractor Participation Letter of Intent, Form 1525 and Subcontractor Participation
Summary, Form 1526. Form 1526 will be submitted with all requests for payment, and will be
submitted as part of the response to the solicitation.
SBE Bid Preference is not the same as Small Business Enterprise Participation.
If SBE Bid Preference is indicated, then the Bid does not have an SBE Participation Goal and
Forms 1525 and 1526 are not required.
The industry specific classification for this solicitation is: Construction
B2GNow Compliance Reporting System
The SCHOOL BOARD maintains an electronic Contract Compliance System known as the
B2GNow Compliance Reporting System. This Contract is subject to Compliance Tracking and
Contractor shall use the B2GNow secure web-based system to submit Project Specific
information including, but not limited to, monthly payments and progress reports on all
Subconsultants and Subcontractors.
Contractor understands that all Subconsultants and/or Subcontractors are also required to
utilize the B2GNow Reporting System to manage their contact information and Project
Specific records, respond to any noted instructions and/or information requests. Contractor
agrees to advise all of its Subconsultants and/or Subcontractors in writing of the requirement
to submit all Contract Compliance related data electronically to the B2GNow Reporting
System. Contractor further agrees and understands it is responsible for ensuring all
Subconsultants and/or Subcontractors have uploaded all requested items via the B2GNow
Reporting System.
Contractor understands its contact information and that of its Subconsultants and/or
Subcontractor must remain accurate and up-to-date in the B2GNow Reporting System and
agrees to timely notify SCHOOL BOARD of any changes to its contact information or that of
a Subconsultant and/or Subcontractor. From time to time, the SCHOOL BOARD may require
additional information from the Contractor and/or its Subconsultants/Subcontractors and
Contractor agrees that it will provide such information, within five (5) business days via the
B2GNow Reporting System. Contractor understands its obligations hereunder are continuing
and shall survive the expiration or termination of the Contract.
Information concerning access of the B2GNow Reporting System will be provided to
Contractor by the Office of Diversity in Business Practices. The B2GNow Reporting System
is web-based and can be accessed at the following Internet address:
https://palmbeachschools.diversitycompliance.com/. The Contractor shall contact the Office
of Diversity in Business Practices to register for training and support for the B2GNow
Reporting System. Contractor agrees to advise all of its Subconsultants and/or
Subcontractors in writing of their obligation to contact the Office of Diversity in Business
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Practices to register for training and support for the B2GNow Reporting System. For
information request and questions, contact the Office of Diversity in Business Practices (561-
681-2403).
See paragraph N for additional details regarding subcontractors.
P. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF:
The Awarded Vendor agrees and understands that the School District’s Office of Inspector
General shall have immediate, complete, and unrestricted access to all financial and
performance-related records, papers, books, documents, information, writings, drawings,
graphs, photographs, processes, data or data compilations, computer hard drives, emails,
instant messages, services, and property or equipment purchased in whole or in part with
School Board funds ("Information and Records"). The Awarded Vendor shall furnish the
Inspector General with all Information and Records requested for the purpose of conducting
an investigation or audit, as well as provide the Inspector General with reasonable assistance
in locating assets and obtaining information and records that are in the possession, custody,
or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands,
acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such
policy is located at: https://go.boarddocs.com/fl/palmbeach/Board.nsf/Public#.
Q. PUBLIC RECORDS LAW:
The Responder shall:
a. Keep and maintain public records that ordinarily and necessarily would be required by
the School Board of Palm Beach County in order to perform the service to the Board
under this agreement.
b. Upon request from the Board's custodian of public records, provide the Board with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Agreement term and following completion of the Agreement if the Responder does
not transfer the records to the Board.
d. Upon completion of the Agreement, transfer, at no cost, to the Board all public records in
possession of the Responder or keep and maintain public records required by the Board
to perform the service. If the Responder transfers all public records to the Board upon
completion of the Agreement, the Responder shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
If the Responder keeps and maintains public records upon completion of the Agreement,
the Responder shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the Board, upon request from the
Board's custodian of public records, in a format that is compatible with the information
technology systems of the Board.
Failure of Responder to abide by the terms of this provision shall be deemed a material
breach of this Agreement. This provision shall survive any termination or expiration of this
Agreement. In the event of a dispute regarding the enforcement of this provision where the
Responder has unlawfully refused to comply with the public records request within a
reasonable time, the School Board shall be entitled to recover its reasonable costs of
enforcement, including reasonable attorney's fees from the vendor as authorized by
119.0701, Fla. Stat.
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IF THE RESPONDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT
THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE
SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585,
PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300
FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406.
Public Records Exemption:
1) For purposes of this paragraph, “competitive solicitation” means the process of
requesting and receiving sealed bids, proposals, or replies in accordance with the terms
of a competitive process, regardless of the method of procurement.
2) Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
such time as the agency provides notice of an intended decision or until 30 days after
opening the bids, proposals, or final replies, whichever is earlier.
3) If an agency rejects all bids, proposals, or replies submitted in response to a competitive
solicitation and the agency concurrently provides notice of its intent to reissue the
competitive solicitation, the rejected bids, proposals, or replies remain exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of an intended decision concerning the reissued competitive solicitation
or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or
reply is not exempt for longer than 12 months after the initial agency notice rejecting all
bids, proposals, or replies.
R. INSURANCE REQUIREMENTS:
In the event of loss, damage or injury to the awarded bidder(s) and/or the awarded bidder's
property, the awarded bidder(s) shall look solely to any insurance in its favor without making
any claim against the School Board of Palm Beach County. The bidder’s insurance coverage
shall be primary and noncontributory. Proof of the following insurance will be furnished by the
awarded vendor(s) to the School Board of Palm Beach County by Certificate of Insurance. The
School Board shall be named as an additional insured.
Original copies of Certificates of Insurance meeting the specific required provision specified
within this contract/agreement shall be forwarded to the School District of Palm Beach
County, Purchasing Department by email (insurancecertificate@palmbeachschools.org), or
fax (561-963-3823), and approved prior to the start of any work or the possession of any school
property. Renewal certificates must be forwarded to the same department prior to the policy
renewal date.
Thirty days written notice must be provided to the School District of Palm Beach County via
certified mail in the event of cancellation. The notice must be sent to the Purchasing
Department.
1. WORKERS' COMPENSATION: WORKERS' COMPENSATION:
Bidder must comply with Section 440, Florida Statutes, Workers’ Compensation and
Employees’ Liability Insurance with minimum statutory limits or elective exemptions as
defined in Florida Statute 440 will be considered on a case by case basis.
Required Endorsements:
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○ Waiver of Subrogation – WC 0003 13 or its equivalent
2. COMMERCIAL GENERAL LIABILITY:
Bidder shall procure and maintain for the life of the contract, Commercial General Liability
Insurance. This policy shall provide coverage for death, bodily injury, personal injury,
products and completed operations liability and property damage that could arise directly
or indirectly from the performance of the contract. It must be an occurrence form policy.
THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL
LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
Required Endorsements:
○ Additional Insured – CG 20 26 or CG 20 10 and CG 20 37 or their equivalents.
Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include
products/completed operations.
○ Waiver of Transfer Rights of Recovery – CG 24 04 or its equivalent.
○ Primary and noncontributory – CG 2001 or its equivalent.
Note: If blanket endorsements are being submitted, please include the entire
endorsement and applicable policy number.
3. BUSINESS AUTOMOBILE LIABILITY:
Awarded vendors shall procure and maintain, for the life of the contract/agreement,
Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE
FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum limits of coverage shall be $500,000 per occurrence. This coverage shall be
an “Any Auto” form policy or a form policy that includes “Scheduled Autos, Hired Autos,
and Non-Owned Autos” coverage. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, we require an affidavit signed by the
contractor indicating the following:
____________________ (Company Name) does not own any vehicles. In the event we
acquire any vehicles throughout the term of this contract/agreement, _______________
(Company Name) agrees to purchase Business Automobile Liability coverage as indicated
above on the date of acquisition.
4. WAIVER OF SUBROGATION:
The awarded bidder(s) hereby waives any right of subrogation against the School Board
of Palm Beach County, for loss, damage or injury within the scope of the Bidder’s
insurance, and on behalf of itself and its insurer, waives all such claims against the School
Board of Palm Beach County.
NOTE: The terms and conditions of this agreement shall apply with respect to awarded
bidder’s operations for any school or ancillary owned by the School Board of Palm Beach
County.
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5. SECURITY OF CONFIDENTIAL PERSONAL INFORMATION:
In accordance with Section 501.171, F.S., (or section as amended) Awarded Vendor(s)
shall take reasonable measures to protect and secure the School Board’s records in any
form. This data may include (personal, financial or student) information. Awarded
Vendor(s) shall notify The School Board, or it’s designee, as expeditiously as practicable,
but no later than 30 days after the determination of the breach or reason to believe a
breach has occurred. Awarded Vendor(s) shall work with The School Board, or it’s
designee, to satisfy the requirements of Section Fla. Statutes, Chapter 501.171 (or
section as amended) as to required investigation and notice pr ovisions. Further,
Awarded Vendor(s) shall reimburse The School District for actual, reasonable costs
incurred by The School District in responding to, and mitigating damages caused by, any
Security Breach, including all costs of notice and/or remediation within 30 days of receipt
of documentation from The School District evidencing such actual, reasonable costs
incurred.
S. USE OF STUDENT INFORMATION
During the term of the contract if you will receive personally identifiable information from
education records of students under the Family Education Rights and Privacy Act (20 U.S.C.
s. 1232g) and 34 C.F.R. s. 99.31(a)(1)(i)(B), and sections 1002.22 and 1002.221, Florida
Statutes you will need to complete the PBSD 2220 form and indicate under paragraph one (1)
on the form what information you will be requesting.
If you will not be receiving any personally identifiable information from education
records of students under the Family Education Rights and Privacy Act (20 U.S.C. s.
1232g) and 34 C.F.R. s. 99.31(a)(1)(i)(B), and sections 1002.22 and 1002.221, Florida
Statutes, please mark N/A on the Vendor or Partner section of the form and return with
the proposal.
T. E-VERIFY
A. Pursuant to Fla. Stat. §448.095, Contractor agrees that it shall register with and use the
U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp,
to verify the work authorization status of all newly hired employees during the term of this
contract or solicitation
B. Pursuant to Fla. Stat. §448.095, if Contractor enters into a contract with a subcontractor(s)
for the labor, supplies or services provided under this contract or solicitation , Contractor
must require that the subcontractor(s) provide Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
The Contractor understands that Contractor must maintain a copy of such affidavit for the
duration of the contract or solicitation.
C. If School Board has a good faith belief that the Contractor has knowingly violated Fla. Stat.
§448.09, School Board shall terminate the contract with the Contractor. The Contractor
is liable for any additional costs incurred by the School Board as a result of a termination
of this contract or solicitation pursuant to §448.095(2)(f) .
D. If School Board has a good faith belief that a subcontractor(s) has knowingly violated
§448.095, but Contractor has otherwise complied with this subsection, School Board shall
promptly notify Contractor and order Contractor to immediately terminate the contract with
the subcontractor(s).
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U. PAYMENT / PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of
damage or defect; and a properly billed invoice is received and processed in the Accounting
Services Department.
The District’s payment terms are net 30 days; however, the District will accept terms for early
payment. See Early Payment Terms Document.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with
the bid.
2. The receipt of a properly billed invoice in the Accounting Services Department.
Invoices to the School Board MUST include the following to permit verification of
prices and expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Shipment
4. Line Item Total or Extended Price
5. Purchase Order Number
6. A copy of the first invoice for this contract shall be sent to the Purchasing Agent for
review at Lorenzo.e.valdes@palmbeachschools.org.
Invoice copy and/or packing slip must be presented at time of delivery. Original
Invoice must be sent to Accounting Services, 3300 Forest Hill Blvd., Suite A-323,
West Palm Beach, FL 33406, or submitted electronically.
To submit an invoice as an email attachment, ensure that the electronic document meets the
guidelines below and email the invoice to apinvoice@palmbeachschools.org.
Electronic Invoice Submission Guidelines:
a. Submit industry standard PDF’s, created at a 300-dpi bi-tonal equivalent (either image
or text only content) or bi-tonal or grey scale TIF’s.
b. Each invoice must be its own file attachment. Multiple invoices in a single email is
supported, but each invoice must be a separate file attachment
If you are interested in learning more about submitting invoices via email, please
contact Bob Rucinski at bob.rucinski@palmbeachschools.org, or call him at (561) 434-
8701.
Failure to timely submit invoices(s) to Accounting Services as set forth above may
significantly delay processing and payment of the invoice.
The School Board may not process invoices submitted more than 120 Days after the date
the goods or services were delivered without prior approval from the Accounting Services
Department.
Vendor waives claims for payment of goods and/or services on invoice(s) not received by the
Accounting Services Department within 120 Days of the delivery. Prior approval by
Accounting Services is required if invoicing will extend past 120 days.
The above terms and conditions are agreed to by submitting an offer on this bid.
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V. INCORRECT PRICING/INVOICES:
Any pricing on invoices that is incorrect or freight charges that were not included on the original
Purchase Order, must be brought to the attention of the Purchasing Agent and corrected prior
to the shipment(s) of goods or initiation of services. Additional costs that were not brought to
the District’s attention and did not receive written approval via a Change Order issued by the
Purchasing Agent may not be honored.
W. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the School Districts attention and approved by the
Purchasing Department prior to commencement of additional work, shipment of goods or the
addition of unauthorized freight charges. Once approved, a Change Order will be issued to
include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the district's attention and did not result in a Change
Order approved by the Purchasing Agent may not be honored.
X. DISTRICT PURCHASING CARD:
The School District has authorized the use of a Purchasing Card with Visa through the Bank
of America to expedite small dollar purchases for materials, supplies, and other items needed
for daily operations. Vendors may be presented these credit cards by authorized School
District personnel for the above-mentioned purchases. Each cardholder’s authorization limit
may not exceed $1,000 daily per vendor effective July 1, 2006 (with the exception of travel).
Purchase orders are strongly discouraged for purchasing materials, and supplies under
$1,000.
Y. CONFLICT OF INTEREST:
On vendors own business letterhead, all vendors must disclose the name of any officer,
director, or agent who is also an employee of the District. All vendors must disclose the name
of any District employee who owns, directly or indirectly, any interest in the responder's
business or any related entity. By submitting this documentation to the District, the vendor
represents and warrants that District employee does not have a prohibited conflict of interest
as provided in Chapter 112, Florida Statutes and School Board Policy 3.02 Code of Ethics.
Z. CODE OF ETHICS:
Per District Policy 3.02, District Employees shall not accept gifts or gratuities in violation of the
State Code of Ethics or which give the appearance that the gift improperly influenced a
decision.
AA. ORGANIZATION PROFILE:
Provide the Corporate Name and Parent Company (if applicable) and address of corporate
headquarters. Provide the names, titles, addresses, email, and telephone numbers of the
persons authorized to answer any questions related to Company’s proposal. The Organization
Profile should also include information such as number of years in the business, number of
locations, location of facilities, company vision statement, and a succinct history of the
company. In addition, the Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be completed, signed, notarized and returned with your bid.
Bid 23C-26CThe School District of Palm
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1/24/2023 11:57 AM p. 36
BB. COMPANY FINANCIALS:
Vendors shall provide financial statements giving the District enough information to
determine financial stability. Failure to do so may result in your response being rejected.
a. Balance Sheet or Annual Report for the last three (3) years
b. Three (3) years of income statements
c. Federal or State tax liens or judgements for the proposer’s entity for the last five years.
If no liens or judgements exist, please so state on Company Letterhead and upload with
your response.
You may also include (optional):
a. Statement of Changes in financial position;
b. Letter from the proposer banking institution
c. Statement from certified public accounting firm.
CC. SCOPE OF SERVICES: The School Board of Palm Beach County, Florida invites General
Contractors licensed by the State of Florida, to submit a Proposal to provide General
Contracting services for Minor Facilities Repair and Maintenance necessary to deliver a
completed project in accordance with the requirements and specifications established by the
District for each project. Minor Facilities Repairs and Maintenance will consist of projects
with a dollar value under $300,000.
• For projects with an estimated cost under $10,000 work shall be rotated between the
awarded pool of contractors who are ready, willing and able to perform the work.
• For projects with an estimated cost over $10,000, Purchasing will post a Request
for Quote (RFQ) on PeriscopS2G and include Scope of Work, Specifications, any
associated plans or prints and a required Quote Document. The RFQ will be open
to only those vendors awarded on this contract. If a site visit is considered
mandatory, all interested parties/bidders shall attend and sign the attendance sheet.
The attendance sheet will be collected ten (10) minutes after the scheduled start time.
Contractors arriving after the attendance sheet has been collected may be considered
as not in attendance for purposes of the mandatory site inspection and their quote
may be rejected.
Following the site inspection, you will have an opportunity to submit any questions
regarding the project by the deadline specified. Quotes shall be submitted as directed
by the deadline specified and submitted on the Required Quote Document only. All
Quotes shall provide cost for labor, materials, installation and equipment necessary
to complete the work on the project and deliver a 100% completed project on or
before the completion dates specified. Prices quoted shall only be accepted from the
Bid Summary Document submitted with this bid and must be itemized. No lump
sum will be accepted. Work shall incorporate all of the requirements set forth in the
Board approved Educational Specifications, Florida Building code, Florida
Accessibility Codes, District Master Specifications, Design Criteria and all other
applicable specifications.
There will be no additional charge for consultation or troubleshooting on any particular
project. This will be included with any project by the awarded contractor for that project.
Due to budgetary restraints and ultimate practicality of some projects, the District by
requesting a site visit or proposal does not by implication commit itself to
commencement or completion of any project.
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 37
No guarantee of the dollar amount of work performed under this Contract is implied or
given, nor is there any guarantee of work.
At the completion of a project, the School District will perform a project inspection to
assess the quality materials and services, managed cost control, timeliness and
conformance to regulations and standards. Poor assessments may be grounds for removal
from the pool of awarded vendors. If Contractor does not intend to submit a quote on a
certain project, justification must be provided to the School District. The School District
shall take a non-responsiveness into consideration when awarding future work and
determining whether contract options will be exercised.
RESPONSIBILITIES
1. For each project awarded under this Contract the Contractor shall be
responsible for the following:
2. The Contractor will furnish, at their expense, all labor, materials,
transportation, technical expertise, supervision, licensing, and
permits, in compliance with all of the requirements set forth in the
Educational Specifications, District Master Specifications, Florida
Building code, Florida Accessibility Codes and all other applicable
Specifications. It is suggested that vendor should familiarize
themselves with the District’s codes and regulations prior to
submitting your proposal. DMS can be found at the following link:
https://www.palmbeachschools.org/cms/one.aspx?pageId=12530559 /
3. The School District will provide water and electricity from point of
closest hook-up only (no hoses or electrical cables will be
provided) at sites specified.
4. Contractor shall provide shop drawings for all completed work to
the District Facility Management Coordinator or designee, where
applicable.
5. The contractor shall be responsible for correction/replacement,
according to local codes and School District's satisfaction, of all
water lines, sanitary lines, electrical lines, curbs, sidewalks, streets,
parking lots, grassed areas, structures, etc., broken or damaged as
the result of contractor's operations.
6. The contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements
and conditions and any other information known to the contractor
as may be provided by the owner before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to
the District at once.
7. The contractor shall not be relieved of obligations to perform the
work in accordance with the contract documents either by
activities or duties of the owner or of the contract or by test
inspections or approvals required or performed by persons other
that he contractor.
8. Contractor shall be responsible for off-loading,
unpacking/uncrating all materials and equipment at the job site as
well as removal of dunnage off the school/department site in
accordance with specifications herein and all attachments.
9. The contractor's invoice must be itemized showing parts, labor,
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 38
etc., to provide a complete accounting of services performed.
10. The contractor shall be responsible for the protection of all
buildings, structures, and utilities that are underground, above
ground, or on the surface from their operations that may be
hazardous and/or damaging to said facilities.
11. The contractor shall be responsible for the protection of all
personnel against hazards and/or injuries due to their operations at
the work site.
12. Contractor shall be responsible for safeguarding of all tools and
equipment, signs, barricades, etc. while operating on any school
site. The district assumes no responsibility for act of theft or
vandalism which may occur while contractor’s equipment is
located on any school district site.
13. Contractor shall not inhibit access to any School District building
during pursuit of work specified herein.
14. Contractor shall leave work site in a neat and orderly fashion at the
end of each workday.
15. Contractor or a representative, daily while on campus, shall sign in
and present District issued clearance badge at the school center's
main office prior to commencing any work and shall sign out at
school's office prior to leaving campus unless prior written
exception has been obtained.
16. Contractor shall provide due care at all times while performing any
task at any District controlled location to cordon off, barricade,
and/or post signs to maintain a safe distance to avoid creating
hazardous condition for pedestrians, property, and vehicles.
17. The contractor shall at all times enforce strict discipline and good
order among their employees and shall not employ on the work any
unfit person or anyone not skilled in the task assigned to them.
18. The contractor shall supervise and direct the work, using their best
skill and attention. The contractor shall be solely responsible for all
construction means, methods, techniques, work sequences and
procedures and for coordinating all portions of the work under the
contract.
19. The contractor shall be responsible to the District for the acts and
omissions of any awarded project by their employees,
subcontractors and any other persons performing any of the work
under a contract with the contractor.
20. The contractor shall have a English-speaking, licensed (State of
Florida or Palm Beach County) supervisor/representative on the
work site at all times, who shall be thoroughly knowledgeable of all
plans, specifications, and other contract documents and has the
authority to act in the contractor's behalf.
21. The contractor shall not proceed with any project until a written
purchase order has been received.
22. The contractor must obtain prior written approval on all costs before
the additional work is started.
23. The contractor shall provide a construction work schedule and
submit it to the School District designated contract person. The
schedule shall include estimated commencement and completion
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 39
dates.
24. The contractor shall provide an emergency after-hour phone number
and contact person.
25. The contractor shall be responsible to ensure pickup of any and all
refuse, rubbish, scrap materials, and debris as a result of their
operations so that work site presents a neat and orderly appearance
at all times. All rubbish, scrap, etc. shall be transported from the
premises. No rubbish shall be deposited as fill on the work site. At
completion of work, the contractor shall remove all work materials,
tools, construction equipment, machinery, and surplus materials
from the work site and shall leave project in ready-to-use condition.
The contractor shall be responsible for the appearance of all working personnel
assigned to the projects (clean and appropriately dressed) at all times, and their
compliance with School Board Policies and Rules prohibiting smoking and
consumption of alcohol and illegal drugs while on campus. The provision or use of
existing sanitary facilities will be discussed and determined at the pre-construction
meeting. The contractor shall provide to the owner certification that all personnel
on site comply with Level 2 FDLE and FBI screening, with the report of the results
provided by or to the School District’s Police Department, which shall be the sole
determiner of clearance. All contractor and sub-contractor personnel must have a
badge, indicating clearance. The contractors name and a traceable number must
be visible. No contact between students or School staff is allowed with any
contractor, sub-contractor, or supplier. If contacted by school personnel or staff,
refer them to the School Districts Project Coordinator for this project.
DD. HOURLY RATE: The hourly rate quoted shall include full compensation for labor,
equipment use, travel time, and any other cost to the bidder. This rate is assumed to be at straight
time for all labor, except as otherwise noted. The bidder shall comply with minimum wage
standards and any other applicable laws of the State of Florida. If overtime is allowable under
this Bid, it will be covered under a separate item in the special clauses.
EE. WORK DAY DEFINED: The workday shall start at 7:00 A.M. and end at 5:00 P.M.,
Monday through Sunday. The hourly rate charge shall commence on the job site; all travel time
expenses shall be borne by the bidder and will not be reimbursed by the District.
FF. WARRANTY: Contractor shall guarantee entire installed system to be free of defects in
workmanship and materials for a period of at least one year from date installation is accepted.
Contractor and/or manufacturer shall repair and/or replace, at no cost to the School District, any
defects or malfunctions noted during the warranty periods.
GG. LIQUIDATED DAMAGES: Should the contractor fail to complete the work within the
time specified on the purchase order, and provided the contractor has not previously obtained an
extension of time, the School District reserves the right to collect liquidated damages. Said
liquidated damages shall be assessed at the rate of $100 per day for each calendar day that work
remains uncompleted after the time allotted.
HH. BALANCE OF LINE: The “balance of line” shall include products and services that are not
requested in this. Invitation to Bid, but are within the scope of products and services available from
the awardee(s). The School District reserves the right to add these products and services to the
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 40
awarded items. Additions shall be submitted as they occur. Deletions and discontinued items shall
be reported by bid awarded vendor as they occur. Refer to Additional Information Document.
II. DELAYS AND EXTENSIONS OF TIME: If the contractor is delayed at any time in the
progress of the work for any cause or reason which is beyond their control, contract time may be
extended by mutual agreement between the contractor and the School District (Purchasing
Department).
JJ. AREA REPRESENTATIVE: Bidder should indicate on the attached Area Representative
Document the name, address, phone number and email address, if available, of the vendor
representatives who will make periodic scheduled visits to the schools and departments and will be
available, upon request, to resolve billing and delivery problems.
BID PREPARATION CHECKLIST:
The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their
Bid. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring
that all requirements of this solicitation are included with submittal of their response. Items
checked “required” must be submitted with your bid response or your bid may be declared non
responsive.
Verified
by Vendor
Required Document See Special
Condition
Yes Bidder Acknowledgement On PeriscopeS2G
Yes Area Representative Paragraph JJ
Yes Required Response Form On PeriscopeS2G
Yes Bid Summary Document On PeriscopeS2G
Yes Certificates/License Paragraph I
Yes Questionnaire Form Paragraph I
Yes Beneficial Interest and Disclosure of Ownership
Affidavit
Paragraph D
Yes Debarment Certification On PeriscopeS2G
Yes Variance Document On PeriscopeS2G
Yes Reference Document Paragraph H
Yes Early Payment Terms Paragraph U
Yes (if
applicable)
Form 1525, Letter of Intent – SBE
Subcontractor Participation
Paragraph N, O
Yes (if
applicable)
Form 1526, SBE Subcontractor Participation
Summary
Paragraph N, O
Yes Form 0580, Drug-Free Workplace Certification On PeriscopeS2G
Yes Organizational Profile Paragraph AA
Yes Company Financials Paragraph BB
Yes Conflict of Interest/Non Conflict of Interest
Statement
Paragraph Y
Yes E-Verify Form Paragraph T
Yes Complaint Notification/Bid General Conditions See General
Conditions
Paragraph 26
Yes Bidders' Certification for Byrd Anti-Lobbying On PeriscopeS2G
Yes Form 2220 Paragraph S
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 41
*Reminder* The Proposer must submit all supporting
documentation in the name of Proposer’s entity only.
Parent and/or subsidiary entities will not be acceptable.
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 42
Labor Rate - Regular
Supervisor/Foreman $0.00
Plumber $0.00
Electrician $0.00
HVAC Technician $0.00
Painter $0.00
Carpenter $0.00
Locksmith $0.00
Sheet Metal $0.00
Irrigation Technician $0.00
Welder $0.00
Electronic Technician $0.00
Trades Helper $0.00
0%
$0.00
$0.00
$0.00
$0.00
$0.00
Materials - Cost Plus Percentage
(Cost Plus Percentage may not exceed 15%)
(A percentage of zero or net cost is acceptable)
$0.00
23C-26C
Bid 23C-36C for Term Contract for General Contracting Services for Facilities Minor
Repairs and Maintenance under $300K
Bid Summary Document
ALL HOURLY RATES MUST INCLUDE TRAVEL, MILEAGE AND ASSOCIATED EXPENSES AND MUST
REMAIN FIRM FOR THE INITIAL CONTRACT PERIOD
Vendor:
Work Day:
Regular Time: Monday through Sunday, 7am to 5pm
Overtime: Monday through Sunday, after 5pm
Labor Rate - Overtime
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Bid 23C-26CThe School District of Palm
Beach County
1/24/2023 11:57 AM p. 43
BOARD APPROVED
FMPO7 01/18/2023
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER
TO:
FRO M:
DATE:
Honorable Mayor and Council
Chuck Huff, Village Manager
July 18, 2024
SUBJECT: Discussion – Business Advisory Board
Background:
In 2010, the Village Council approved Resolution 2010-40, establishing an Ad Hoc Business
Advisory Committee. The purpose of this Committee was to provide recommendations to the
Village Council on matters affecting businesses located within the Village and to act as a liaison
between the Village and the business community.
Initial Activities:
•The Ad Hoc Business Advisory Committee addressed key issues including signage and
zoning.
•Organized a networking event to foster business connections within the Village.
•The Committee's term expired on April 30, 2012.
Revival Efforts:
•During the Village Council Budget Workshop Session on July 17, 2019, Mr. Lukasik
reviewed the Strategic Plan Prioritization. One of the goals was to reactivate the Business
Advisory Board and reassess its priorities.
•Despite plans to restart the Board in 2019, effective operations did not resume until 2021.
Since then, the Board has struggled to develop and execute initiatives independently.
Challenges and Successes:
•Challenges:
o Low participation and interest from the business community.
o Difficulty in generating significant programs or initiatives.
•Successes:
o Organized and facilitated networking sessions with local businesses, although
attendance was below expectations.
o Implemented the NPB section on the Village website, providing a platform for
business-related information and resources.
Current Considerations:
Given the ongoing challenges in engaging the business community and the lack of significant
initiatives, there are two primary options for consideration:
1. Restructure the Business Advisory Board:
• Revise Membership Criteria: Expand the criteria for board membership to include a
diverse range of business types and sizes, ensuring a more representative board.
• Clarify Objectives and Goals: Establish clear, achievable objectives and goals with
specific timelines and measurable outcomes.
• Enhanced Support and Resources: Provide sufficient resources, including administrative
support, access to data and research, and funding for initiatives.
• Regular Meetings and Reporting: Implement a structured schedule for regular meetings
and ensure accountability through consistent reporting to the Village Council.
2. Dissolve the Business Advisory Board:
• Assessment of Impact: Assess the board's overall impact and contributions since its
establishment. If the board has not shown substantial value or clear potential for future
success, evaluating its dissolution may be necessary.
• Alternative Approaches: Explore alternative methods for engaging the business
community, such as forming temporary task forces for specific projects, hosting regular
business roundtables, or creating a digital platform for business feedback and collaboration.
• Role of the Community Development Department: It is recommended that the
Community Development Department take the lead in organizing and overseeing
networking events with local businesses. Leveraging its existing resources and expertise in
engaging with the business community, this department has the potential to achieve
superior outcomes.
Recommendation:
Based on the current assessment, it is recommended that the Village Council consider dissolving
the Business Advisory Board and transferring its responsibilities to the Community Development
Department. The reallocation will enable the department to enhance its capacity in organizing
networking events and sustaining engagement efforts with local businesses, leveraging their
established capabilities and resources for optimal outcomes.
Conclusion:
The Village Council is encouraged to discuss the future of the Business Advisory Board,
specifically considering the option of transferring its functions to the Community Development
Department. This approach aims to strengthen business engagement and support within the
Village, thereby enhancing effectiveness and alignment with community goals.
MINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 8, 2010.
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Jennifer Hunecke, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel called the meeting to order at 8:12 p.m All members of Council were present. All
members of staffwere present.
VILLAGE BUSINESS FORUM
Mr. Knight reviewed the Village Business Forum held 6/16/2010. Mr. Knight reported that in
addition to Council and Village stafF, approximately 70 people attended. Mr. Knight gave a
synopsis of the meeting agenda. Mr. Knight related the results of "break-out" sessions, wherein
attendees were broken up into retail, professional, and, personal groups and asked to list the
positives and challenges of doing business in North Palm Beach, as well as potential solutions to
improve business success in the Village. Mr. Knight reported comments common to each group,
which included: Village is a safe community in which to do business, centrally located with easy
access to business, desire to maintain the "small town" feel, desire to create a standardized sign
code and allow more visibility for properties less than 5 acres, would like to see a Business
Advisory Board formed, want to streamline the process for building/licensing departmental
approvals, desire to utilize the Village Newsletter to highlight businesses.
Discussion was held on the formation of a Business Advisory Board. Mr. Knight suggested
Council consider assembling a nine member ad hoc committee with representatives from the
three main business disciplines, which could be approved by resolution rather than by an
ordinance requiring two readings. Mr. Knight noted that an ad hoc committee could be quickly
assembled and transitioned to an advisory board later, if it proves beneficial. Mr. Knight
suggested that the ad hoc committee be asked to study the feasibility of amending the sign code
to provide for better visibility of area businesses, while still preserving the unique character of
the Village. Discussion ensued on having councilmen serve as liaisons to the committee. It was
suggested that Vice Mayor Aubrey and Councilman Gebbia serve as the Council's representatives.
By consensus, Council directed that an ad hoc Business Advisory Committee be formed. Vice
Mayor Aubrey and Councilman Gebbia agreed to serve as Council liaisons to the Committee.
Community Development Director Chuck Huff will invite attendees from the Business Forum to
submit applications and will advertise for volunteers on the Village's website. Council determined
that members must be owners, operators, or managers of a business in North Palm Beach. A
resolution establishing an ad hoc Business Advisory Board will be prepared for Council
consideration at Regular Session.
Minutes of Village Council Workshop Session held July 8, 2010 Page 2 of 2
Discussion took place concerning allowing Village businesses to advertise in the Village Newsletter.
Mr. Knight distributed an example of various ad sizes and the cost for each. Mr. Knight noted
the need to cover the actual cost to the Village for each additional page in the newsletter.
Mr. Knight expressed that ads would be subject to the approval of Village administration.
Village Attorney Jennifer Hunecke cautioned that decisions on content must take into consideration
any first amendment issues. By consensus, Council approved moving forward with advertisements
in the Village Newsletter, conditioned upon ads being allowing for only those businesses located
within the Village's corporate limits and restricting the amount of advertising to two pages at the
back of the newsletter. Council expressed a preference for smaller sized ads, either one-quarter
or one-eighth of a page. Mr. Knight suggested perhaps only business card size ads should be
permitted. This item will be placed on an upcoming Workshop agenda for further consideration.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:48 p.m.
Melissa Teal, CMC, Village Clerk
r ~
J
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Chuck Huff, Acting Village Manager (i "
BY: Jodi Jodi Nentwick, Village Planner
DATE: May 10, 2012
SUBJECT: WORKSHOP — Implementation of Council's Goals and Objectives
Establishing a Permanent Business Advisory Board for Local Businesses
The Village Administration is seeking Council discussion and direction of implementing
additional goals and objectives relating to commercial businesses in North Palm Beach and
whether to establish a permanent Business Advisory Board.
At the last council meeting, Council discussed expanding and implementing their Goals and
Objectives as it pertains to being a more "Business Friendly" community and to also establish a
permanent Business Advisory Board.
In 2010, Council created an Ad-hoc Business Advisory Committee to act as the liaison between
the Village Council and the business community. During their short tenure, the committee
addressed items such as signage, zoning issues and held one networking event. The term for this
committee expired as of April 30, 2012. If Council elects to make a permanent Business
Advisory Board it should consider the makeup of the board being of primary storefront business
owners along the US Highway One, Northlake Boulevard and Alternate AlA corridors.
Additionally, Council should consider developing a mission statement and assigning key goals
and objectives to the board.
At its February 1, 2012 meeting, the Ad-hoc Business Advisory Committee prepared and
discussed its visionary plan, which included purpose, functions and duties, along with short-term
and long-term goals. This material has been attached as part of your back up for review.
As we prepare for our FY2013 budgetary process, the Community Development Department will
expand its departmental goals, objectives and performance measures to develop the framework
to educate and promote a sustainable business community. In addition, with the collaboration of
the Business Advisory Board, the Village could achieve a partnership in continued support of a
more "Business Friendly"community.
Recommendation:
The Administration is seeking Council discussion and guidance concerning its Goals and
Objectives related to supporting businesses, including consideration of establishing a
permanent Business Advisory Committee.
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, February 1,2012
Present:
Bob Miles, Chair
Raj Shah,Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Discussion Topic:
Con tinue discussion regarding future visionary plan for the Committee and its functions,
including the scope,purpose, structure and representation to the community.
The;items was taken in order of the visionary plan for the meeting
Scv, oral of us offered our views: Mr. Paraizo mentioned that we establish a comfort and,rapport
teval with businesses here already and offer incentives with occupational license.
Need to really work on our purpose and understand more of what the hur4laes are. Comcilinat
Geebbia said that we are here to help businesses prosper and succeed.
Chair Miles said the delays are business getting started and then delayed with the Northlake
Boulevard Overlay Zoning District(NBOZ) requirements is a reason to possibly just end NBOZ.
Board suggested having Vice Mayor Norris meet with us in regards to discussing possible
changes with NBOZ since he is on the Board.
Mayor Aubrey stated we need to identify the barriers to opening a new business within the
Village. Chair Miles stated he knows the challenges and delayed he sustained opening his
business.
Business Advisory Committee Future Visionary Plan
Purpose:
WE ARE THE LIAISON BETWEEN NORTH PALM BEACH COUNCIL AND THE
BUSINESS OWNERS OF THE VILLAGE. . .
WE HOPE TO ESTABLISH A COMFORT LEVEL WITH THE BUSINESSES
Functions & Duties: DEALING WITH THE VILLAGU. . .
HOPEFULLY WE CAN GET THE BUSINESS OWNERS TO GET INVOLVED WITH
MAKING THIS COMMUNITY
k
A WANT TO COME HERE TO OPEN A BUSINESS.. . .
Short Term Goals (6 months):
1. SEE SOME RESULTS FROM ,THE LAST YEA "S WORK ON THE SIGN
2.
CODE. . .
SOCIAL NETWORKING WITH WEEKLY BREAKFAST MEETING TO HELP
I INCREASE COMFORT LEVELS FOR THE NEW BUSINESSES IN TOWN
ADDRESS LANDSCAPING ISSUES ON US# AND NORTHLAKE BLVD. . .
T nna Tprm Cwflv. (17 mnnth0-
1. ESTABLISH A BUSINESS GROUP WITH ON GOING ACTIVITES OF
2. SOCIAL EVENTS,BUSINESS CONFERENCES, EDUCATTONAL SEMINARS,
3 FAIRS, AND NETWORKING EVENTS. . . .
Comments:
THE POTENTIAL OF A WELL FUNCTIONING BUSINESS
GROUP FOR THIS COMMUNITY WOULD BE AN ASSET AND SIMULATE OTHER
BUSINESSES TO COME TO THE VILLAGE. . . .
L-2/7/2011
BARRY PARAIZO
WINSHIPS PRESCRIPTION CENTER
Business Advisory Committee Future Visionary Plan
Purpose:
Functions & Duties:
Short Term Goals (6 months):
2.
3.
T rina Term Caak (I mnnthQl-
AI"
4
3.
Comments:
kk
12/7/2011
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday,December 7, 2011
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Jamie Titcomb, Village Manager
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Minutes of September 7,2011: Approved 3-1
Mr. Andres votes nay
Discussion Topic:
Discussion regarding future visionary plan for the Committee and its functions, including the
scope,,purpose structure and representation to the community.
Mrs. Nentwick reviewed suggestions made by September 2011 Council meeting and provided a
Visionary Plan to bring before the Council.
Reviewed Jupiter's development organization which is JBiz. Mrs. Nentwick and Mr. Huff have
been to the Town of Jupiter and the subsequent departments are on JBiz/Business Development.
Mrs. Malden-Kaplan mentioned the desire to increase business for our small business owners.
Are they successful, are they making money, and urges us all to come up with ideas that we can
do to promote them.
In regards to above, Mr. Huff mentioned the business forum, Mr. Paraizo mentioned having a
social breakfast and Mrs. Malden-Kaplan thought that was a good idea.
Village Manager, Mr. Titcomb added that we really understand what our purpose is as this
group, he feels that we need to consider that we are here to direct and to add legislature. We are
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday,December 7,2011
There to offer suggestions and to weigh out the alternatives. In other words, how can our advice
IbawA sustain itself in order to establish functions that will{benefit the village going forward.
There was no Old Business to come before the Board.
Adjournment
Meeting ended at— 6:30pm and next meeting January 4, 2012 at 5:30pm
Minutes prepared by Kim J. Willard (formally Roetzer), Secretary
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VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Ed Green, Village Manager
BY: Chuck Huffy Community Develop / ector
Jodi Nentwick, Village Planner
DATE: June 28, 2012
SUBJECT: WORKSHOP — Establishing a Permanent Business Advisory Board for
Local Businesses within the Village
Village Administration is seeking Council discussion and direction regarding the establishment
of a permanent Business Advisory Board.
In 2010, the Council approved Resolution 2010 -40 establishing an Ad -hoc Business Advisory
Committee to provide recommendations to the Village Council on matters affecting businesses
located within the Village and to act as the liaison between the Village and business community.
During their tenure, the Ad -hoc Business Advisory Committee addressed signage, zoning issues
and held a networking event. The Ad Hoc Committee's term expired effective April 30, 2012.
Attached for your review is the visionary plan, including purpose, functions and duties, and short
and long term goals, prepared and discussed by the Ad -hoc Business Advisory Committee at its
February 1, 2012 meeting.
At its May 10th Workshop Session, the Council discussed expanding and implementing its Goals
and Objectives related to being a more "Business Friendly' community by establishing a permanent
Business Advisory Board with terms, duties and mission statement.
Staff has prepared an outline defining the mission statement, terms and conditions, and duties of
the Board for your review and discussion.
Recommendation:
Village Administration seeks Council discussion and guidance on the composition, terms,
duties, and mission of a permanent Business Advisory Board for our local business
community within the Village of North Palm Beach.
Created.
A business advisory board (hereinafter referred as the "board ") for the village is hereby
created.
Composition; terms; vacancies
Composition. The business advisory board shall consist of five (5) members and two (2)
alternate members. The business advisory board shall be comprised primarily of owners
or operators of store -front businesses along the main corridors of the Village of North
Palm Beach consisting of U.S. Highway One, Northlake Blvd and Alternate AIA.
Membership shall include representatives from the business categories of retail;
professional services, and personal services, a commercial realtor /business broker, and a
commercial property owner.
Terms. At the first appointment of the five (5) members, one (1) member shall be
appointed for a term of one (1) year; two (2) members shall be appointed for a term of
two (2) years; and two (2) members shall be appointed for a term of three (3) years.
Thereafter, members shall be appointed for terms of three (3) years. Alternate members
shall be appointed for a term of one(1) year and shall have the duty to sit for any regular
member that is absent. Alternate members shall be appointed as first alternate and
second alternate and shall serve in that order when required. The terms of all members
shall expire on April 30 of their given term. The members shall serve at the pleasure of
the village council.
Vacancies. An appointment to fill any vacancy shall be for the remainder of the
unexpired term of office.
Organization.
At the first organizational meeting of the board, the members shall elect a chairman and
vice chairman from among its members. Subsequent to the initial organizational meeting
where officers are elected, the members shall elect the officers from among its members
at the first regular meeting in May of each year. The presence of three (3) members shall
constitute a quorum, and motions shall be approved by a majority of members present.
The members shall serve without compensation. All meetings of the business advisory
board shall be held at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida,
and shall be open to members of the public.
Business Advisory Board
Duties.
The business advisory board shall have the following missions and responsibilities:
The mission of the business advisory board is to promote business development
within the Village of North Palm Beach by identifying business opportunities
and to act as liaison between the Business Owners and the Village Council of
North Palm Beach.
The board shall review and recommend appropriate communication strategies to
disseminate Village information to the business community.
The board to solicit and facilitate business input in matters of significance to the
Village.
The board shall endeavor to build a growing community of support through
education of its members, prospective members, community groups and relevant
government officials.
The board shall advise on economic and community development opportunities
within the Village of North Palm Beach.
The board shall identify, analyze address legislative issues which may affect the
village business community.
The board shall advise the village council as to recommended improvements and
establishment of policies.
Removal.
If a member of the business advisory board or a designated alternate of the board
is absent from three consecutive regular meetings or 25 percent of the regular
meetings within any 12 -month period, the chairperson shall notify the village
council of such absences in writing. Upon consideration of the circumstances
pertaining to the member's absences, the village council may retain the member
or declare the member's office vacant and promptly fill such vacancy for the
unexpired term of office.
2
MINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 10, 2012
Present: David B. Norris, Mayor
William L. Manuel, Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tern
Robert A. Gebbia, Councilman
Doug Bush, Councilman
Chuck Huffy Acting Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 8:15 p.rrL All members of Council were present. All
members of staff were present.
COUNCIL GOALS AND OBJECTIVES AND BUSINESS ADVISORY COMMITTEE
Discussion was held concerning Council Goals and Objectives related to supporting businesses,
including consideration of establishing a permanent Business Advisory Committee.
Council consensus was in favor of establishing a permanent Business Advisory Board with five
regular members and two alternate members. Discussion ensued on the desired composition of
the Board. A suggestion was made that the preponderance of the membership be comprised of
persons operating storefront businesses along Northlake Boulevard and U.S. Highway 1.
Additional suggestions were to include property owners along the Village's business corridors
since they have a financial interest in development; a commercial realtor; and a planner. It was
proposed that the alternates be Village residents with businesses in other cities. Consensus was
that membership include individuals representing retail, professional service, and personal
service businesses; property owners (who may or may not operate a business); and a commercial
realtor/business broker. Discussion ensued on waiving residency requirements for the Board.
Discussion took place regarding the mission of the Business Advisory Board to advise Council
on what would make our community more business- friendly and more desirable as a location to
conduct business. Council discussed the possibility of a public/private partnership, with the
Business Advisory Board serving as ambassadors to new businesses and helping to nurture an
environment in which businesses can be successful. It was expressed that the Board's focus and
scope should be broad in order to allow for innovative ideas and solutions.
This item will be brought back to an upcoming Workshop Session to review specific provisions
isto be included in an ordinance establishing a permanent Business Advisory Board.
Business Advisory Committee Future Visionary Plan
Purpose:
WE ARE THE LIAISON BETWEEN NORTH PALM BEACH COUNCIL AND THE
BUSINESS OWNERS OF THE VILLAGE...
WE HOPE TO ESTABLISH A COMFORT LEVEL WITH THE BUSINESSES
Functions & Duties: DEALING WITH THE VILLAGE...
HOPEFULLY WE CAN GET THE BUSINESS OWNERS TO GET INVOLVED -WITH
I
MAKING THIS COMMUNITY kA WANT TO COME HERE TO OPEN A BUSINESS...
Short Term Goals (6 months):
SEE SOME RESULTS FROM THE LAST YEAR "S WORK ON THE SIGN
2
CODE...
SOCIAL NETWORKING WITH WEEKLY BREAKFAST MEETING TO HELP
3. INCREASE COMFORT LEVELS FOR THE NEW BUSINESSES IN TOWN
ADDRESS LANDSCAPING ISSUES ON US# AND NORTHLAKE BLVD...
I nncF TPrm (`male (1'7 mnnthc1-
1' ESTABLISH A BUSINESS GROUP WITH ON GOING ACTIVITES OF
2. SOCIAL EVENTS,BUSINESS CONFERENCES,EDUCATIONAL SEMINARS,
3. FAIRS, AND NETWORKING EVENTS....
Comments:
THE POTENTIAL OF A WELL FUNCTIONING BUSINESS
GROUP FOR THIS COMMUNITY WOULD BE AN ASSET AND SIMULATE OTHER
BUSINESSES TO COME TO THE VILLAGE....
12/7/2011
BARRY PARAIZO
WINSHIPS PRESCRIPTION CENTER
Business Advisory Committee Future Visionary Plan
Purpose:
Functions & Duties:
Short Term Goals (6 months):
2.
3.
Long Term Goals (12 mnnfhcl•
I.
2.
3.
Comments:
12/7/2011
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, February 1, 2012
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Discussion Topic:
Continue discussion regarding future visionary plan for the Committee and its 'functions,
including the scope, purpose, structure and representation to the community.
The items was taken in order of the vision, ady plan for the mectift
Several of us offered our views: Mr. Paraizo mentioned that we establish a comfort and rapport
level with businesses here already and offer incentives with occupational license.
Need to really work on our purpose and understand more of what the hurdles are. Councilman
G,ebbia said that we are here to help businesses prosper and succeed.
Chair Miles said the delays are business getting started and then delayed with the Northlake
Boulevard Overlay Zoning District (NBOZ) requirements is a reason to possibly just end NBOZ.
Board suggested having Vice Mayor Norris meet with us in regards to discussing possible
changes with NBOZ since he is on the Board.
Mayor Aubrey stated we need to identify the barriers to opening a new business within the
Village. Chair Miles stated he knows the challenges and delayed he sustained opening his
business.
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 2011
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Jamie Titcomb, Village Manager
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Minutes of September 7,2011: Approved 3 -1
Mr. Andres votes nay
Discussion Topic:
Discussion regarding future visionary plan for the Committee and its functions, including the
scope, ,purpose structure and representation to the community.
Mrs. Nentwick reviewed suggestions made by September 2011 Council meeting and provided a
Visionary Plan to bring before the Council.
Reviewed Jupiter's development organization which is JBiz. Mrs. Nentwick and Mr. Huff have
been to the Town of Jupiter and the subsequent departments are on JBiz/Business Development.
Mrs. Malden - Kaplan mentioned the desire to increase business for our small business owners.
Are they successful, are they making money, and urges us all to come up with ideas that we can
do to promote them.
In regards to above, Mr. Huff mentioned the business forum, Mr. Paraizo mentioned having a
social breakfast and Mrs. Malden - Kaplan thought that was a good idea.
Village Manager, Mr. Titcomb added that we really understand what our purpose is as this
group, he feels that we need to consider that we are here to direct and to add legislature. We are
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 20I 1
here to offer suggestions and to weigh out the alternatives. In other words, how can our advismy
board sustain itself in order to establish functions that will {benefit the village going forward.
There was no Old Business to come before the Board.
Adjournment
Meeting ended at — 6:30pm and next meeting January 4, 2012 at 5:30pm
Minutes prepared by Kim J. Willard (formally Roetzer), Secretary
Business Forum Break -Out Session Results by Categories (held on June 16, 2010)
Task 1 - List the 'Positives" for doing business in NPB
Retail ProfessionalPersonal
Safe Community Safe Community Good Restaurants
Affluent Community -Good Customer Base Affluent Community -Good Customer Base Business Directory
Small Town" feel Longevity of business, lower turnover Small Town" feel
Close proximate to work Public Safety Public Safety
Central and easy access to business Central and easy access to business Central to Village Staff
Strong Economic Base Amenities, Country Club & GolfCourse
Esthetics of the Village is maintained Esthetic of village ismaintained
Village Council proactive open to changes
Stable population, not transient
Local post office
Lower rents
Central to Village Staff
Task 2 - List the "Challenges" for doing business in NPB
Retail ProfessionalPersonal
Approval process for Outdoor Dining Lack of signagelvisibility Elderly vs. Young
Access to businesses from Northlake Blvd Bldg Dept/License approval process too time consuming Property Maintenance
Lack of signagelvisibility Declining tax base from business community Lack of signagelvisibility
Refuse disposal fee too high NBOZ zoning too challenging for small business owners Business supportingeachother
Older commercial buildings & infrastructure Bldg Dept/Licenseapprovalprocesstootimeconsuming
Limited drive by traffic Addresses not visible oncommercialbuildings
No main designation/draw for consumers within the Village Decline in population
Code Enforcement timelog & enforcingrules
Task 3 - List the 'Potential Solutions" that would improve business in NPB
Retail ProfessionalPersonal
Initiate Business "Welcome Wagon" Develop master sign plan with aesthetic guidelines Advertise localbusinesses
Form Business Advisory Board Printed business directory for residents Standardize signs
Expand sign code to allow multi - tenants (5 acres or less) Utilize newsletter to highlight businesses and sell ads Attract an anchorbusiness
Ease ability to put lighted signs in windows Address outdated zoning codes & streamline the process Form Business AdvisoryBoard
Explore recycling of commercial refuse beyond cardboard /paper Maintain lawns
Explore composting to reduce costs for restaurants Make addresses visible
Compare refuse disposal fees bids Private vs. NPB
Streamline process for Outdoor Dining approval
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Ed Green, Village Manager
BY: Chuck Huff, Community D 'p,616fment Director
Jodi Nentwick, Village y4Anner
DATE: July 12, 2012
SUBJECT: ORDINANCE Its` Reading — Establishing a Permanent Business Advisory
Board for Local Businesses within the Village
In 2010, the Council approved Resolution 2010 -40 establishing an ad hoc Business Advisory
Committee to provide recommendations to the Village Council on matters affecting businesses
located within the Village and to act as the liaison between the Village and business community.
During their tenure, the ad hoc Business Advisory Committee addressed signage, zoning issues
and held a networking event. The ad hoc Committee's term expired effective April 30, 2012.
Attached for your review is the visionary plan, including purpose, functions and duties, and short
and long term goals, prepared and discussed by the ad hoc Business Advisory Committee at its
February 1, 2012 meeting.
At the May 10, 2012 Council Workshop, Council discussed expanding and implementing their
Goals and Objectives as it pertains to being a more "Business Friendly" community by
establishing a permanent Business Advisory Board with terms, duties and a mission statement.
This item was presented to Council at its June 28, 2012 Workshop Session and was moved with
minor changes to the Regular Session. The minor changes have been incorporated in the draft
ordinance for your review.
The attached Ordinance has been prepared and reviewed by your Village Attorney for legal
sufficiency.
Recommendation'
The Administration is seeking Council consideration and approval establishing a
permanent Business Advisory Board for our local business community within the Village of
North Pahn Beach in accordance to Village policies and procedures.
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ORDINANCE NO. 2012-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES
AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE
CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII,
BUSINESS ADVISORY BOARD;" PROVIDING FOR BOARD CREATION,
TERMS, COMPOSITION AND DUTIES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2010, the Village Council established an ad hoc Business Advisory
Committee to provide recommendations to the Village Council on matters affecting businesses
located within the Village and to act as a liaison between the Village and the business
community; and
WHEREAS, the term of the ad hoc Business Advisory Committee expired on April 30,
2012, and the Village Council wishes to create a permanent Business Advisory Board; and
WHEREAS, the Village Council has determined that the adoption of this Ordinance is in
the best interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated
herein.
Section 2. The Village council hereby amends Chapter 17, "Licenses and Miscellaneous
Business Regulations," of the Village Code of Ordinances to adopt a new Article VII, "Business
Advisory Board," to read as follows (additional language underlined):
ARTICLE VII. BUSINESS ADVISORY BOARD
Sec. 17 -71. Created.
A business advisory board (hereinafter referred to as board) is hereby
created.
Sec. 17 -72. Composition; terms; vacancies.
u Composition. The board shall be appointed by the village council
and shall consist of five (5) members and two (2) alternate members. The board
members shall be comprised primarily of owners or operators of store -front
businesses along the village's main commercial corridors. namely. Northlake
Boulevard, U.S. Highway One and Alternate AIA. Members shall not be
Pagel of 3
I required to be residents of the village and shall, to the extent practicable, consist
2 of: a representative from a retail business, a professional services business and a
3 personal services business: a commercial realtor or business broker: and a
4 commercial property owner.
6 bb) Initial Terms. The initial appointments to the board shall take
7 effect gpon the effective date of this article with the terms of the members
8 expiring as follows:
9
10 (1) The terms of two (2) members shall expire on April 30, 2015;
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12 (2) The terms of two (2) members shall expire on April 30. 2014, and
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14 (3) The term of one (1) member shall expire on April 30, 2013.
15
16 (c) Subsequent terms. Upon expiration of the terms set forth above,
17 each subsequent appointment to the board shall be for a term of three (3) years.
18
19 (d) Alternate members. Alternate members shall serve for a term of
20 one (1) year, with the initial term expiring on April 30, 2013. Alternate members
21 shall be appointed as first alternate and second alternate, and shall serve on the
22 board in that order in the event a regular member is absent.
23
24 See. 17-73. Organization.
25
26 At the first organizational meeting of the board, the members shall elect a
27 chairman and vice chairman from among thehe regular members. Subsequent to the
28 initial organization meeting, the board shall appoint a chairman and vice chairman
29 from among its members at the first regular meeting in May of each year.
30
31 Sec. 17 -74. Mission; duties.
32
33 (aa) Mission. The board shall serve in an advisory capacity to the
34 village council, and its mission shall be to promote business development within
35 the village by identifying business opportunities and acting as a liaison between
36 the owners of businesses within the village and the village council.
37
38 b%1 Duties. The board's duties shall consist of the following:
39
40 (1) Advise the village council as to recommended improvements to,
41 and the establishment of village policies and procedures impacting
42 the business community:
43
44 Review and recommend appropriate communication strategies to
45 disseminate village information to the business community:
S
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Solicit and facilitate business input in matters of significance to the
village,
Endeavor to build an expanding community of support through
education of its members, prospective members, community
groups and government officials;
5) Advise the village council and village administration on economic
and development opportunities within the village;
6) Identify, analyze and address legislative issues that may impact the
business community, and
7) Any additional duties as may be assigned by the village council.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS DAY OF 2012.
PLACED ON SECOND, FINAL READING AND PASSED THIS DAY OF
12012.
Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
MAYOR
Page 3 of 3
Business Advisory Committee Future Visionary Plan
Purpose:
WE ARE THE LIAISON BETWEEN NORTH PALM BEACH COUNCIL AND THE
BUSINESS OWNERS OF THE VILLAGE...
WE HOPE TO ESTABLISH A COMFORT LEVEL WITH THE BUSINESSES
Functions & Duties: DEALING WITH THE VILLAGE...
HOPEFULLY WE CAN GET THE BUSINESS OWNERS TO GET INVOLVED -WITH
I
MAKING THIS COMMUNITY kA WANT TO COME HERE TO OPEN A BUSINESS...
Short Term Goals (6 months):
SEE SOME RESULTS FROM THE LAST YEAR "S WORK ON THE SIGN
2
CODE...
SOCIAL NETWORKING WITH WEEKLY BREAKFAST MEETING TO HELP
3. INCREASE COMFORT LEVELS FOR THE NEW BUSINESSES IN TOWN
ADDRESS LANDSCAPING ISSUES ON US# AND NORTHLAKE BLVD...
I nncF TPrm (`male (1'7 mnnthc1-
1' ESTABLISH A BUSINESS GROUP WITH ON GOING ACTIVITES OF
2. SOCIAL EVENTS,BUSINESS CONFERENCES,EDUCATIONAL SEMINARS,
3. FAIRS, AND NETWORKING EVENTS....
Comments:
THE POTENTIAL OF A WELL FUNCTIONING BUSINESS
GROUP FOR THIS COMMUNITY WOULD BE AN ASSET AND SIMULATE OTHER
BUSINESSES TO COME TO THE VILLAGE....
12/7/2011
BARRY PARAIZO
WINSHIPS PRESCRIPTION CENTER
Business Advisory Committee Future Visionary Plan
Purpose:
Functions & Duties:
Short Term Goals (6 months):
2.
3.
Long Term Goals (12 mnnfhcl•
I.
2.
3.
Comments:
12/7/2011
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, February 1, 2012
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Discussion Topic:
Continue discussion regarding future visionary plan for the Committee and its 'functions,
including the scope, purpose, structure and representation to the community.
The items was taken in order of the vision, ady plan for the mectift
Several of us offered our views: Mr. Paraizo mentioned that we establish a comfort and rapport
level with businesses here already and offer incentives with occupational license.
Need to really work on our purpose and understand more of what the hurdles are. Councilman
G,ebbia said that we are here to help businesses prosper and succeed.
Chair Miles said the delays are business getting started and then delayed with the Northlake
Boulevard Overlay Zoning District (NBOZ) requirements is a reason to possibly just end NBOZ.
Board suggested having Vice Mayor Norris meet with us in regards to discussing possible
changes with NBOZ since he is on the Board.
Mayor Aubrey stated we need to identify the barriers to opening a new business within the
Village. Chair Miles stated he knows the challenges and delayed he sustained opening his
business.
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 2011
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Jamie Titcomb, Village Manager
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Minutes of September 7,2011: Approved 3 -1
Mr. Andres votes nay
Discussion Topic:
Discussion regarding future visionary plan for the Committee and its functions, including the
scope, ,purpose structure and representation to the community.
Mrs. Nentwick reviewed suggestions made by September 2011 Council meeting and provided a
Visionary Plan to bring before the Council.
Reviewed Jupiter's development organization which is JBiz. Mrs. Nentwick and Mr. Huff have
been to the Town of Jupiter and the subsequent departments are on JBiz/Business Development.
Mrs. Malden - Kaplan mentioned the desire to increase business for our small business owners.
Are they successful, are they making money, and urges us all to come up with ideas that we can
do to promote them.
In regards to above, Mr. Huff mentioned the business forum, Mr. Paraizo mentioned having a
social breakfast and Mrs. Malden - Kaplan thought that was a good idea.
Village Manager, Mr. Titcomb added that we really understand what our purpose is as this
group, he feels that we need to consider that we are here to direct and to add legislature. We are
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 20I 1
here to offer suggestions and to weigh out the alternatives. In other words, how can our advismy
board sustain itself in order to establish functions that will {benefit the village going forward.
There was no Old Business to come before the Board.
Adjournment
Meeting ended at — 6:30pm and next meeting January 4, 2012 at 5:30pm
Minutes prepared by Kim J. Willard (formally Roetzer), Secretary
Business Forum Break -Out Session Results by Categories (held on June 16, 2010)
Task 1 - List the 'Positives" for doing business in NPB
Retail ProfessionalPersonal
Safe Community Safe Community Good Restaurants
Affluent Community -Good Customer Base Affluent Community -Good Customer Base Business Directory
Small Town" feel Longevity of business, lower turnover Small Town" feel
Close proximate to work Public Safety Public Safety
Central and easy access to business Central and easy access to business Central to Village Staff
Strong Economic Base Amenities, Country Club & GolfCourse
Esthetics of the Village is maintained Esthetic of village ismaintained
Village Council proactive open to changes
Stable population, not transient
Local post office
Lower rents
Central to Village Staff
Task 2 - List the "Challenges" for doing business in NPB
Retail ProfessionalPersonal
Approval process for Outdoor Dining Lack of signagelvisibility Elderly vs. Young
Access to businesses from Northlake Blvd Bldg Dept/License approval process too time consuming Property Maintenance
Lack of signagelvisibility Declining tax base from business community Lack of signagelvisibility
Refuse disposal fee too high NBOZ zoning too challenging for small business owners Business supportingeachother
Older commercial buildings & infrastructure Bldg Dept/Licenseapprovalprocesstootimeconsuming
Limited drive by traffic Addresses not visible oncommercialbuildings
No main designation/draw for consumers within the Village Decline in population
Code Enforcement timelog & enforcingrules
Task 3 - List the 'Potential Solutions" that would improve business in NPB
Retail ProfessionalPersonal
Initiate Business "Welcome Wagon" Develop master sign plan with aesthetic guidelines Advertise localbusinesses
Form Business Advisory Board Printed business directory for residents Standardize signs
Expand sign code to allow multi - tenants (5 acres or less) Utilize newsletter to highlight businesses and sell ads Attract an anchorbusiness
Ease ability to put lighted signs in windows Address outdated zoning codes & streamline the process Form Business AdvisoryBoard
Explore recycling of commercial refuse beyond cardboard /paper Maintain lawns
Explore composting to reduce costs for restaurants Make addresses visible
Compare refuse disposal fees bids Private vs. NPB
Streamline process for Outdoor Dining approval
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Ed Green, Village Manaper---
BY: Chuck Hug Community evelopment Director
Jodi Nentwick, Village Planner
DATE: July 26, 2012
SUBJECT: ORDINANCE 2nd Reading – Establishing a Permanent Business Advisory
Board for Local Businesses within the Village
In 2010, the Council approved Resolution 2010-40 establishing an ad hoc Business Advisory
Committee to provide recommendations to the Village Council on matters affecting businesses
located within the Village and to act as the liaison between the Village and business community.
During their tenure, the ad hoc Business Advisory Committee addressed signage, zoning issues
and held a networking event. The ad hoc Committee's term expired effective April 30, 2012.
Attached for your review is the visionary plan, including purpose, functions and duties, and short
and long term goals, prepared and discussed by the ad hoc Business Advisory Committee at its
February 1, 2012 meeting.
At the May 10, 2012 Council Workshop, Council discussed expanding and implementing their
Goals and Objectives as it pertains to being a more "Business Friendly" community by
establishing a permanent Business Advisory Board with terms, duties and a mission statement.
This item was presented to Council at its July
12th Regular Session and was approved on
1s`
Reading
with minor modifications. Those minor changes have been incorporated in the ordinance.
The attached Ordinance has been prepared and reviewed by your Village Attorney for legal sufficiency.
Recommendation:
The Administration is seeking Council consideration and approval establishing a
permanent Business Advisory Board for our local business community within the Village of
North Palm Beach in accordance with Village policies and procedures.
Iii
I ORDINANCE NO. 2012-06
2
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
4 NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES
5 AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE
6 CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII,
7 BUSINESS ADVISORY BOARD;" PROVIDING FOR BOARD CREATION,
8 TERMS, COMPOSITION AND DUTIES; PROVIDING FOR CODIFICATION;
9 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
10 PROVIDING FOR AN EFFECTIVE DATE.
11
12 WHEREAS, in 2010, the Village Council established an ad hoc Business Advisory
13 Committee to provide recommendations to the Village Council on matters affecting businesses
14 located within the Village and to act as a liaison between the Village and the business
15 community; and
16
17 WHEREAS, the term of the ad hoc Business Advisory Committee expired on April 30, 2012,
18 and the Village Council wishes to create a permanent Business Advisory Board; and
19
20 WHEREAS, the Village Council has determined that the adoption of this Ordinance is in
21 the best interests of the health, safety and welfare of the Village and its residents.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
24 OF NORTH PALM BEACH, FLORIDA as follows:
25
26 Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated
27 herein.
28
29 Section 2. The Village council hereby amends Chapter 17, "Licenses and Miscellaneous
30 Business Regulations," of the Village Code of Ordinances to adopt a new Article VII, "Business
31 Advisory Board," to read as follows (additional language underlined):
32
33 ARTICLE VII. BUSINESS ADVISORY BOARD
34
35 Sec. 17-71. Created.
36
37 A business advisory board(hereinafter referred to as board) is hereby created.
38
39 Sec. 17-72. Composition; terms; vacancies.
40
41 a) Composition. The board shall be appointed by the village council
42 and shall consist of five (5) members and two (2) alternate members. The board
43 members shall be comprised primarily of owners or operators of store-front businesses
44 along the village's main commercial corridors, namely, Northlake Boulevard,
45 U.S. Highway One and Alternate AlA. Members shall not be required to be residents
46 of the village and shall, to the extent practicable, consist o£ a representative from
47 a retail business, a professional services business and a personal services business;
48 a commercial realtor or business broker; and a commercial property owner.
Pagel of 3
I b) Initial Terms. The initial appointments to the board shall take effect
2 upon the effective date of this article with the terms of the members expiring as follows:
3
4 1) The terms of two (2) members shall expire on April 30, 2015;
5
6 2) The terms of two (2) members shall expire on April 30, 2014; and
7
8 The term of one (1) member shall expire on April 30, 2013.
9
10 c) Subsequent terms. Upon expiration of the terms set forth above,
11 each subsequent appointment to the board shall be for a term of three (3) years.
12
13 d) Alternate members. Alternate members shall serve for a term of
14 one (1) year, with the initial term expiring on April 30, 2013. Alternate members
15 shall be appointed as first alternate and second alternate, and shall serve on the
16 board in that order in the event a regular member is absent.
17
18 Sec. 17-73. Organization.
19
20 At the first organizational meeting of the board, the members shall elect a
21 chairman and vice chairman from among the regular members. Subsequent to the
22 initial organization meeting, the board shall appoint a chairman and vice chairman
23 from among its members at the first regular meeting in May of each year.
24
25 Sec. 17-74. Mission; duties.
26
27 a) Mission. The board shall serve in an advisory capacity to the
28 village council, and its mission shall be to promote business development and to
29 support and sustain existing businesses within the village by identifying business
30 opportunities and acting as a liaison between the owners of businesses within the
31 village and the village council.
32
33 Duties. The board's duties shall consist of the following:
34
35 1) Advise the village council as to recommended improvements to,
36 and the establishment of, village policies and procedures impacting
37 the business community;
38
39 2) Review and recommend appropriate communication strategies to
40 disseminate village information to the business community;
41
42 Solicit and facilitate business input in matters of significance to
43 the village;
44
45 Endeavor to build an expanding community of support through
46 education of its members, prospective members, community
47 groups and government officials;
48
Page 2 of 3
1 5) Advise the village council and village administration on business
2 development opportunities within the village;
3
4 Identify, analyze and address legislative issues that may impact the
5 business community; and
6
7 7) Any additional duties as may be assigned by the village council.
8
9 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
10 the Village of North Palm Beach, Florida.
11
12 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
13 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
14 such holding shall not affect the remainder of this Ordinance.
15
16 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
17 conflict herewith are hereby repealed to the extent of such conflict.
18
19 Section 6. This Ordinance shall take effect immediately upon adoption.
20
21 PLACED ON FIRST READING THIS 12th DAY OF JULY, 2012.
22
23 PLACED ON SECOND, FINAL READING AND PASSED THIS DAY OF
24 2012.
25
26
27
28 (Village Seal)
29 MAYOR
30
31 ATTEST:
32
33
34
35 VILLAGE CLERK
36
37
38 APPROVED AS TO FORM AND
39 LEGAL SUFFICIENCY:
40
41
42
43 VILLAGE ATTORNEY
Page 3 of 3
Business Advisory Committee Future Visionary Plan
Purpose:
WE ARE THE LIAISON BETWEEN NORTH PALM BEACH COUNCIL AND THE
BUSINESS OWNERS OF THE VILLAGE...
WE HOPE TO ESTABLISH A COMFORT LEVEL WITH THE BUSINESSES
Functions & Duties: DEALING WITH THE VILLAGE...
HOPEFULLY WE CAN GET THE BUSINESS OWNERS TO GET INVOLVED -WITH
I
MAKING THIS COMMUNITY kA WANT TO COME HERE TO OPEN A BUSINESS...
Short Term Goals (6 months):
SEE SOME RESULTS FROM THE LAST YEAR "S WORK ON THE SIGN
2
CODE...
SOCIAL NETWORKING WITH WEEKLY BREAKFAST MEETING TO HELP
3. INCREASE COMFORT LEVELS FOR THE NEW BUSINESSES IN TOWN
ADDRESS LANDSCAPING ISSUES ON US# AND NORTHLAKE BLVD...
I nncF TPrm (`male (1'7 mnnthc1-
1' ESTABLISH A BUSINESS GROUP WITH ON GOING ACTIVITES OF
2. SOCIAL EVENTS,BUSINESS CONFERENCES,EDUCATIONAL SEMINARS,
3. FAIRS, AND NETWORKING EVENTS....
Comments:
THE POTENTIAL OF A WELL FUNCTIONING BUSINESS
GROUP FOR THIS COMMUNITY WOULD BE AN ASSET AND SIMULATE OTHER
BUSINESSES TO COME TO THE VILLAGE....
12/7/2011
BARRY PARAIZO
WINSHIPS PRESCRIPTION CENTER
Business Advisory Committee Future Visionary Plan
Purpose:
Functions & Duties:
Short Term Goals (6 months):
2.
3.
Long Term Goals (12 mnnfhcl•
I.
2.
3.
Comments:
12/7/2011
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, February 1, 2012
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Discussion Topic:
Continue discussion regarding future visionary plan for the Committee and its 'functions,
including the scope, purpose, structure and representation to the community.
The items was taken in order of the vision, ady plan for the mectift
Several of us offered our views: Mr. Paraizo mentioned that we establish a comfort and rapport
level with businesses here already and offer incentives with occupational license.
Need to really work on our purpose and understand more of what the hurdles are. Councilman
G,ebbia said that we are here to help businesses prosper and succeed.
Chair Miles said the delays are business getting started and then delayed with the Northlake
Boulevard Overlay Zoning District (NBOZ) requirements is a reason to possibly just end NBOZ.
Board suggested having Vice Mayor Norris meet with us in regards to discussing possible
changes with NBOZ since he is on the Board.
Mayor Aubrey stated we need to identify the barriers to opening a new business within the
Village. Chair Miles stated he knows the challenges and delayed he sustained opening his
business.
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 2011
Present:
Bob Miles, Chair
Raj Shah, Vice Chair
Kim J. Willard, Secretary
Gloria Malden Kaplan
Tom Andres
Barry Paraizo
Darryl Aubrey, Mayor
Bob Gebbia, Councilman
Jamie Titcomb, Village Manager
Chuck Huff, Director of Community Development
Jodi Nentwick, Village Planner
Call to Order:
Chair called to order this meeting at 5:30pm
Roll Call: All members present with exception of David Polk
Minutes of September 7,2011: Approved 3 -1
Mr. Andres votes nay
Discussion Topic:
Discussion regarding future visionary plan for the Committee and its functions, including the
scope, ,purpose structure and representation to the community.
Mrs. Nentwick reviewed suggestions made by September 2011 Council meeting and provided a
Visionary Plan to bring before the Council.
Reviewed Jupiter's development organization which is JBiz. Mrs. Nentwick and Mr. Huff have
been to the Town of Jupiter and the subsequent departments are on JBiz/Business Development.
Mrs. Malden - Kaplan mentioned the desire to increase business for our small business owners.
Are they successful, are they making money, and urges us all to come up with ideas that we can
do to promote them.
In regards to above, Mr. Huff mentioned the business forum, Mr. Paraizo mentioned having a
social breakfast and Mrs. Malden - Kaplan thought that was a good idea.
Village Manager, Mr. Titcomb added that we really understand what our purpose is as this
group, he feels that we need to consider that we are here to direct and to add legislature. We are
Minutes of the North Palm Beach Ad Hoc Business Advisory Committee
Wednesday, December 7, 20I 1
here to offer suggestions and to weigh out the alternatives. In other words, how can our advismy
board sustain itself in order to establish functions that will {benefit the village going forward.
There was no Old Business to come before the Board.
Adjournment
Meeting ended at — 6:30pm and next meeting January 4, 2012 at 5:30pm
Minutes prepared by Kim J. Willard (formally Roetzer), Secretary
Business Forum Break -Out Session Results by Categories (held on June 16, 2010)
Task 1 - List the 'Positives" for doing business in NPB
Retail ProfessionalPersonal
Safe Community Safe Community Good Restaurants
Affluent Community -Good Customer Base Affluent Community -Good Customer Base Business Directory
Small Town" feel Longevity of business, lower turnover Small Town" feel
Close proximate to work Public Safety Public Safety
Central and easy access to business Central and easy access to business Central to Village Staff
Strong Economic Base Amenities, Country Club & GolfCourse
Esthetics of the Village is maintained Esthetic of village ismaintained
Village Council proactive open to changes
Stable population, not transient
Local post office
Lower rents
Central to Village Staff
Task 2 - List the "Challenges" for doing business in NPB
Retail ProfessionalPersonal
Approval process for Outdoor Dining Lack of signagelvisibility Elderly vs. Young
Access to businesses from Northlake Blvd Bldg Dept/License approval process too time consuming Property Maintenance
Lack of signagelvisibility Declining tax base from business community Lack of signagelvisibility
Refuse disposal fee too high NBOZ zoning too challenging for small business owners Business supportingeachother
Older commercial buildings & infrastructure Bldg Dept/Licenseapprovalprocesstootimeconsuming
Limited drive by traffic Addresses not visible oncommercialbuildings
No main designation/draw for consumers within the Village Decline in population
Code Enforcement timelog & enforcingrules
Task 3 - List the 'Potential Solutions" that would improve business in NPB
Retail ProfessionalPersonal
Initiate Business "Welcome Wagon" Develop master sign plan with aesthetic guidelines Advertise localbusinesses
Form Business Advisory Board Printed business directory for residents Standardize signs
Expand sign code to allow multi - tenants (5 acres or less) Utilize newsletter to highlight businesses and sell ads Attract an anchorbusiness
Ease ability to put lighted signs in windows Address outdated zoning codes & streamline the process Form Business AdvisoryBoard
Explore recycling of commercial refuse beyond cardboard /paper Maintain lawns
Explore composting to reduce costs for restaurants Make addresses visible
Compare refuse disposal fees bids Private vs. NPB
Streamline process for Outdoor Dining approval
SUMMARY MINUTES OF THE BUDGET WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 179 2019
Present:
ROLL CALL
Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Susan Bickel, Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Melissa Teal, Village Clerk
Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present except
Vice Mayor Mullinix, who arrived at 7:06 p.m. All members of staff were present, except the Village
Attorney. All Department Directors were present.
Mr. Lukasik distributed these documents to Council: Draft Five Year Capital Improvement Plan (CIP),
Strategic Plan Prioritization, FY 2019 and FY 2020 Preliminary Country Club Budget Summary, FY
2019 and FY 2020 General Fund Budget Summary. He pointed out the budget was in the early stages,
and there was still opportunity to make decisions and tailor the budget to the Village's needs.
STRATEGIC PLAN PRIORITIZATION
Mr. Lukasik reviewed the Strategic Plan Prioritization and current year projects, including:
Country Club - estimated completion in October, with tentative Grand Opening on
October 26
Swimming pool improvements in progress
Commercial Code rewrite — revised draft available by end of month for staff review and
preparation for public hearing process
Pool and Tennis management energized and reconceptualizing
Residential zoning codes update in Community Development budget
Pepperwood Circle seawall repair
Stormwater master plan
Finalization of boat and RV ordinance
US 1 Bridge replacement plan, in early comment phase with FDOT
Environmental initiatives, establishing a committee
Aggressively pursuing annexation
Identifying Code Compliance process improvements
Develop plan for Country Club capital improvements
Develop marketing plan for Country Club
Councilmember Bickel asked that the first environmental initiative be moving from individual
plastic bottles of water at Council meetings.
Village Council Budget Workshop Session held July 17, 2019 Page 2 of 5
Mr. Lukasik continued to review the Strategic Plan Prioritization with the projects which were
planned for further out, including:
Lighthouse Drive Bridge replacement
Lakeside Park Trail project
Redeveloping Twin City Mall site
East Alley wall replacement
Community Center remodeling
Rebuild financial reserves
Process refinement
Parks and Recreation Needs Assessment
Prosperity Farms Road Bridge — design contract has not been awarded
More efficient financial software
Monet seawall repairs
Get Business Advisory Board up and running and examine priorities
Impervious Area Plan and sea level rise initiatives
The Councilmembers and staff discussed investment plans to rebuild financial reserves and
lessons to draw from businesses and other municipalities that might make financial software more
efficient for the Village.
Mr. Lukasik reviewed projects which had received low votes in the prioritization process,
including Anchorage Park Phase II and the Lakeside Trail Park project.
Councilmember Searcy asked questions regarding grants and changing the scope of work for
Lakeside Park. Discussion ensued, and Director of Parks and Recreation Russell Ruskay stated he
would explore options.
President Pro Tem Norris asked about the utility undergrounding initiative. Discussion ensued
regarding an undergrounding plan and credit available to the Village.
FY 2020 PROPOSED BUDGET SUMMARY — GENERAL FUND & COUNTRY CLUB
Millage rate: 7.50 (no increase over FY 2019)
Personnel: $17,702,278 (5.48% increase over FY 2019)
Operating: $6,424,815 (1.04% increase over FY 2019)
Debt Service: $1,553,357 (8.52% increase over FY 2019)
General Fund CIP Transfer: $417,150 (3% increase over FY 2019)
Total Budget: $26,097,600 (4.48% increase over FY 2019)
Personnel:
o General Fund: Full -Time 146, Part -Time 68
o Country Club: Full -Time 8, Part -Time 27
Mr. Lukasik reviewed high-level budgetary notes from each area, stating there were revenue
opportunities within the Country Club that he thought would improve the financial position
contemplated in the budget.
Village Council Budget Workshop Session held July 17, 2019 Page 3 of 5
PERSONNEL COST ASSUMPTIONS
Mr. Lukasik reviewed the personnel assumptions used to create the budget, including:
Salary range adjustment
o Non-union: Per salary study on October 1, 2019
o PBA: 6% on October 1, 2019
o IAFF: 3% on October 1, 2019
o FPE: Per salary study on October 1, 2019
o Current FPE Agreement expires September 30, negotiations will pick up in the
next week
Merit increases: budget assumes 4% on anniversary date
Wage adjustment
o PBA: 6% on anniversary date
o IAFF: 3% on October 1, 2019
o FPE: Estimating 4% on October 1, 2019
Health insurance: 5% increase
Workers' Compensation: 2% increase
Pension Contribution
o ICMA:15%
o Police and Fire Pension: Total required is $1,072,000
o General Employee Pension: Total required is $355,507
Mr. Lukasik explained budget numbers would be updated as information is gathered and
discussion is held with staff and at budget review meetings.
Discussion ensued regarding individual and family health insurance options available to
employees and potential changes to the cost of coverage as well as alternative options.
PERSONNEL CHANGES
FY 2020 FY 2019 Change
Full -Time 154 151 +3 FT
Part -Time 95 95 -2 PT
Mr. Lukasik reviewed personnel changes for FY 2020, including:
1 full-time Country Club Administrative Coordinator added
1 full-time Country Club Trades Mechanic added
5 part-time Recreation Assistants removed
1 full-time Recreation Assistant added
1 part-time Community Development Administrative Assistant removed
1 part-time Information Technology (IT) Administrative Assistant added
1 part-time Tennis Camp Counselor added
2 part-time Library Clerks added
Mr. Lukasik explained needs at the Country Club and discussion ensued regarding the need for a
Trades Mechanic to handle maintenance issues and the benefits of having someone on staff versus
hiring outside contractors as problems arise, as well as the need for an Administrative Coordinator.
Consensus was reached to start the year with a part-time Administrative Coordinator at the
Country Club rather than full-time.
Village Council Budget Workshop Session held July 17, 2019 Page 4 of 5
Discussion continued regarding personnel needs for additional part-time person in IT to keep up
with changing needs, including contracts, auditing, and answering office telephones.
Mr. Lukasik explained the need for a part-time camp counselor, which was balanced in the budget
by additional revenue. Discussion ensued regarding the hours needed for programming.
Library Director Zakariya Sherman explained savings in his department due to retirements and
discussed ensued regarding services for the children's department.
Discussion ensued regarding pay bumps for sanitation workers with commercial driver's licenses.
Director of Public Works Steve Hallock explained his approach to reorganizing the department
based on the flexibility of having additional sanitation drivers available when issues arise.
FY 2020 PRELIMINARY BUDGET SUMMARY — COUNTRY CLUB
Personnel: $1,046,372 ( 26.33% increase over FY 2019)
Operating: $2,373,075 (46.64% increase over FY 2019)
Debt Service: $433,689 (no increase over FY 2019)
Total Budget: $3,853, 136 (33.78% increase over FY 2019)
Mr. Lukasik reviewed revenues at the Country Club, noting an ongoing effort to capture all
revenues and expenses in the appropriate places in the budget. Discussion ensued regarding
operations of the golf shop and driving range.
FY 2020 PRELIMINARY BUDGET SUMMARY — GENERAL FUND
Personnel: $17,702,278 (5.48% increase over FY 2019)
Operating: $6,424,815 (1.04% increase over FY 2019)
Debt Service: $1,553,357 (8.52% increase over FY 2019)
Transfer Out: $417,150 (3% increase over FY 2019)
Total Budget: $26,097, 600 (4.48% increase over FY 2019)
Mr. Lukasik reviewed revenues in the General Fund, pointing out a more aggressive approach had
been taken to looking at trends in revenue sources and utilities to make sure staff was capturing
what it could. He noted changes to fines and fees in Community Development would be discussed
during later meetings. Discussion ensued regarding licensing and permit fees and how realistic
adjustments made to the budget were.
Mr. Lukasik discussed positive changes which had been made to stabilize the Building
Department, and strategy moving forward. Discussion ensued regarding the cost associated with
utilizing consultants.
Mr. Lukasik pointed to changes in the Pool and Tennis budgets, noting some of the change was a
shift of line items from Recreation to Pool. He explained the structure of the organization needed
adjustment in Tennis, and the changes to paying the pros following the IRS audit. The Council
members asked questions about how other municipalities handled the issue, and Mr. Lukasik
stated he would do additional research.
Village Council Budget Workshop Session held July 17, 2019 Page 5 of 5
CAPITAL IMPROVEMENT PLAN OVERVIEW
Mr. Lukasik explained the format of the Capital Improvement Plan book. He briefly discussed the FY
2020-2023 Capital Improvement Plan, FY 2020 Village funded capital projects, and FY 2020
Infrastructure Surtax projects.
FY 2020 TAXABLE VALUE AND MILLAGE SELECTION
Millage Rate: $7.50 mils (no increase over FY 2019)
Gross Taxable Value: $2,348,992, 794 (5.18% increase over FY 2019)
Budgeted Ad Valorem: $16,736,574 ($62,333 increase over FY 2019)
Mr. Lukasik outlined the Village's taxable value growth in comparison to nearby communities.
He explained the Village Manager's proposed Millage Rate was 7.50 mills, setting the maximum
millage rate allowed for the Village. He noted the adoption was tentative and Council could reduce
the rate for the final Adopted Budget and discussion ensued on the process for adoption.
CONSENSUS
Council consensus was in favor of setting the tentative FY 2020 Millage Rate at 7.50.
NEXT BUDGET WORKSHOP
The next Budget Workshop Session will be held August 1, 2019 to consider these departmental
budgets: Village Council, Village Clerk, Village Attorney, Village Manager, Human Resources,
Information Technology, Finance, and Debt & Other.
Mayor Aubrey distributed a memo regarding fees for services and asked Council to review for
further discussion. Discussion ensued regarding the options available and evaluation of the fee
schedule in Public Services.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:25 p.m.
Com 1 ted by Jessica Green, MMC, Village Clerk