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06-26-2025 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JUNE 26, 2025 501 U.S. HIGHWAY 1 6:00 PM Deborah Searcy Lisa Interlandi Kristin Garrison Susan Bickel 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 APPROVAL OF MINUTES 1. Minutes of the Regular Session held June 12, 2025 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 2. RESOLUTION – Approval of Amendments to the Defined Contribution and 457 Plans Regular Session Agenda, June 26, 2025 Page 2 of 2 DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS OTHER VILLAGE BUSINESS MATTERS 3. RESOLUTION – STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION Consider a motion to adopt a resolution approving a State Highway, Lighting, Maintenance and Compensation Agreement with the Florida Department of Transportation for Lighting Facilities along U.S. Highway One and Alternate A1A; and authorizing execution of the Agreement. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 4. NPB University - "Know Your Department" - Building & Zoning, General Government 5. WORKSHOP – Lighthouse Drive Bridge Design VILLAGE MANAGER MATTERS/REPORTS ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 12, 2025 Present: Deborah Searcy, Mayor Lisa Interlandi, Vice Mayor Kristin Garrison, President Pro Tem Susan Bickel, Councilmember Orlando Puyol, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Searcy called the meeting to order at 6:00 p.m. All members of Council were present. All members of staff were present. PLEDGE OF ALLEGIANCE Vice Mayor Interlandi led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held May 8, 2025 and the Minutes of the Regular Session held May 22, 2025 were approved as written. STATEMENTS FROM THE PUBLIC Pam Cinilia, 640 Lighthouse Drive, inquired about meeting information in the Village newsletter. Ms. Cinilia thanked Councilmembers Puyol and Interlandi for having an open discussion regarding her concerns with the design and development of the Lighthouse Drive Bridge. Ms. Cinilia thanked Mr. Huff for also addressing her questions and concerns. Ms. Cinilia provided an additional list of questions for Councilmembers and expressed her concerns regarding the proposed design and traffic on the Lighthouse Drive Bridge. Mary Phillips, 525 Ebbtide Drive, spoke on behalf of the Environmental Committee and reported that an heirloom tree was cut down at the corner of Anchorage Drive and Lighthouse Drive. Ms. Phillips asked that the proposed tree preservation ordinance be brought forward to Council for consideration. Daniel Higgins, 106 Atlantic Road, expressed his concerns regarding e-bikes traveling through Lakeside Park. Mr. Higgins asked that enforcement be considered for safety reasons. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 2 of 8 STATEMENTS FROM THE PUBLIC continued Karen Caskey, 641 Lighthouse Drive, discussed the proposed design of the Lighthouse Drive bridge and gave recommendations for traffic calming. Ms. Caskey recommended that the Village Police Department provide safe driving classes. John Samadi, 512 Marlin Road, expressed his concerns regarding traffic control on roadways throughout the Village. Mr. Samadi also expressed his concerns regarding Council regulating free speech and not tolerating disagreements during Council meetings. Mayor Searcy recommended having a workshop regarding regulations for e-bikes. Council came to consensus to have a future workshop regarding regulating e-bikes within the Village. Discussion ensued between Councilmembers, Mr. Rubin and Chief Coliskey regarding signage and regulations on e-bikes. Vice Mayor Interlandi asked for the status of the tree preservation ordinance. Mr. Rubin stated that a draft of the ordinance was just forwarded to him that day and that a proposed ordinance would be coming forward to a Council meeting in the near future. Vice Mayor Interlandi asked for an update on the workshop for the Lighthouse Drive Bridge design. Mr. Huff and Mayor Searcy gave an update stating that the plan was to have the workshop at the next scheduled Council meeting contingent upon getting confirmation that consultants from 2GHO and the bridge engineers would be able to attend the workshop. Vice Mayor Interlandi asked that once confirmation was received that the public be notified of the workshop. Councilmember Bickel addressed Ms. Cinilia’s comment regarding the Village newsletter stating that some information may be left out of the newsletters due to the fact that the newsletter must be sent for printing far in advance and the news may not be the most current. Councilmember Bickel recommended that Ms. Cinilia read the online E-newsletters for the most current information. Vice Mayor Interlandi recommended placing an item on the agenda for Council response to public comments. Mayor Searcy stated that Vice Mayor Interlandi’s recommendation could be discussed during the workshop on Public Participation Rules and Procedures at the end of the meeting. CONSENT AGENDA APPROVED Councilmember Bickel moved to approve the Consent Agenda. Vice Mayor Interlandi seconded the motion, which passed unanimously. The following items were approved: Receive for file Minutes of the Library Advisory Board meeting held 4/22/25. Receive for file Minutes of the Waterways Board meeting held 4/22/25. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 3 of 8 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Environmental Committee meetings held 4/7/25 and 5/5/25. Receive for file Minutes of the Planning, Zoning, and Adjustment Board meeting held 5/6/25. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-10 - CODE AMENDMENT – CT TRANSITIONAL COMMERCIAL DISTRICT A motion was made by President Pro Tem Garrison and seconded by Councilmember Puyol to adopt and enact on second reading Ordinance 2025-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE III, “DISTRICT REGULATIONS,” SECTION 45-32.1, “C-T TRANSITIONAL COMMERCIAL DISTRICT,” TO ADOPT A NEW TABLE OF USES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Lance Lilly with Chen Moore & Associates explained that the purpose of the ordinance was to amend the CT-Transitional Commercial Zoning District code to adopt a new table of uses. There was a workshop regarding the ordinance at the May 8th Council meeting and the proposed ordinance was passed on first reading at the May 22nd Council meeting. There were no revisions to the ordinance since the first reading. Mayor Searcy opened the Public Hearing. There being no comments from the public, Mayor Searcy closed the Public Hearing. Councilmember Bickel expressed that she was not content with including a certain parcel on Prosperity Farms Road in the CT Transitional Commercial District zone. Thereafter, the motion to adopt and enact on second reading Ordinance 2025-10 passed unanimously. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-11 – EAR COMPREHENSIVE PLAN AMENDMENTS AND UPDATED WATER SUPPLY FACILITIES WORK PLAN A motion was made by Councilmember Puyol and seconded by Vice Mayor Interlandi to adopt and enact on second reading Ordinance 2025-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO IMPLEMENT ITS EVALUATION AND APPRAISAL REPORT; ADOPTING A NEW INTRODUCTION SECTION AND EVALUATING AND MONITORING SECTION; AMENDING THE FUTURE LAND USE ELEMENT, THE CONSERVATION ELEMENT, THE COASTAL MANAGEMENT ELEMENT, THE RECREATION AND OPEN SPACE ELEMENT, THE INTERGOVERNMENTAL Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 4 of 8 PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-11 – EAR COMPREHENSIVE PLAN AMENDMENTS AND UPDATED WATER SUPPLY FACILITIES WORK PLAN continued COORDINATION ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE INFRASTRUCTURE ELEMENT, THE HOUSING ELEMENT, THE ANNEXATION ELEMENT, AND THE PROPERTY RIGHTS ELEMENT; ADOPTING A REVISED AND UPDATED WATER SUPPLY FACILITIES WORK PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Lance Lilly with Chen Moore & Associates thanked Council for their input stating that discussions and the preparation of an Evaluation and Appraisal Review (EAR)-based amendment to the Village’s Comprehensive Plan began in January of 2024. The amendment was structured around four (4) thematic sections and would update the existing Goals, Objectives, and Policies (GOP’s) as well as the Data and Analysis (D&A). The four (4) thematic sections were as follows:  People and Places (Future Land Use, Annexation, Housing)  Well-Maintained and Efficient Infrastructure (Transportation, Capital Improvement, Infrastructure)  Attractive and Environmentally Friendly Community (Conservation, Coastal Management, Recreation and Open Space)  Responsible and Accessible Government (Intergovernmental Coordination, Property Rights, Evaluation and Monitoring) The ordinance passed on first reading on November 7, 2024 and was subsequently sent to the state for comments. On January 17, 2025, the Department of Commerce issued the Objections, Recommendations, and Comments (ORC) Report to the Village. There was one (1) objection in the report. In addition, the Florida Department of Environmental Protection (FDEP), and the South Florida Water Management District (SFWMD) and Treasure Coast Regional Planning Council (TCRPC) also submitted comments and recommendations. Based on discussions between Village consultants and Stephanie Heidt of TCRPC, the amendment was revised to incorporate applicable feedback. The Village had a courtesy review with the Department of Commerce on May 15, 2025. The final documents considered for adoption incorporate changes responding to the OCR report. Florida Statutes require the Village to transmit the full amendment package along with supporting data and analysis to the Florida Department of Commerce within ten (10) working days after the adoption hearing. Mayor Searcy opened the Public Hearing. There being no comments from the public, Mayor Searcy closed the Public Hearing. Mayor Searcy asked Mr. Lilly to explain the objection that was found in the ORC Report. Mr. Lilly, stated that according to Florida Statutes, the Comprehensive Plan must address a ten (10) year and a twenty (20) year horizon. The Village’s current plan only addressed a twenty (20) year horizon. The state asked that a ten (10) year horizon be overtly specified in the plan. Discussion, questions and answers ensued between Councilmembers and Mr. Lilly regarding the amendments and updated Water Supply Plan. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 5 of 8 PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-11 – EAR COMPREHENSIVE PLAN AMENDMENTS AND UPDATED WATER SUPPLY FACILITIES WORK PLAN continued Council requested and were in agreement that Mr. Lilly provide a presentation at a future Council meeting to explain the amendments that were made to the Comprehensive Plan. Thereafter, the motion to adopt and enact on second reading Ordinance 2025-11 passed unanimously. RESOLUTION 2025-21 FISCAL YEAR 2025 BLANKET PURCHASE ORDER FOR MISCELLANEOUS LANDSCAPING AND GROUNDS MAINTENANCE SERVICES A motion was made by Councilmember Bickel and seconded by Vice Mayor Interlandi to adopt Resolution 2025-21 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA INCREASING THE FISCAL YEAR 2025 BLANKET PURCHASE ORDER WITH PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. FOR MISCELLANEOUS LANDSCAPING AND GROUNDS MAINTENANCE SERVICES FROM $100,000 TO $200,000; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that the purpose of the resolution was to increase the blanket purchase order from $100,000 to $200,000 with Precision Landscape Company to provide miscellaneous landscaping and grounds maintenance services. Vice Mayor Interlandi asked why there needed to be an increase in the blanket purchase order. Mr. Huff explained that there were unexpected or unanticipated landscaping and grounds expenses that come up from time to time. Mr. Huff used the example of a vehicle hitting a tree that needs to be cleaned up by Precision Landscaping as an unanticipated expense. Lightning hitting a tree on the golf course would be another example. Thereafter, the motion to adopt Resolution 2025-21 passed unanimously. RESOLUTION 2025-22 NORTH PALM BEACH COUNTRY CLUB WASH PLANT A motion was made by Councilmember Bickel and seconded by Vice Mayor Interlandi to adopt Resolution 2025-22 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A BID PROPOSAL FROM AHRENS ENTERPRISES, INC. D/B/A AHRENS COMPANIES FOR THE NORTH PALM BEACH COUNTRY CLUB WASH PLANT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Facilities Manager James Anthony discussed and explained the purpose of the proposed construction of a Golf Course Wash Plant Facility. Mr. Anthony explained that an Invitation to Bid was issued and the Village received ten (10) bid proposals. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 6 of 8 RESOLUTION 2025-22 NORTH PALM BEACH COUNTRY CLUB WASH PLANT continued The lowest bid submitted by X10 Construction was found to be non-conforming and as a result the next lowest conforming bid from Ahrens Enterprises, Inc. was recommended for award. Mr. Anthony discussed and explained the necessity for a wash plant at the Country Club. Discussion ensued between Councilmember Puyol and Mr. Anthony regarding the bid recommendation and why the lowest bidder was not recommended, and the cost and construction of the proposed wash plant. Discussion ensued between Councilmembers and Mr. Anthony regarding the bid recommendation and why the lowest bidder was not recommended, and the cost and construction of the proposed wash plant. Russ Beverstein, 415 U.S. Highway 1, #210, stated that the wash plant was a necessity and recommended that Council approve the resolution. Thereafter, the motion to adopt Resolution 2025-22 passed unanimously. RESOLUTION 2025-23 PORTABLE GENERATOR PURCHASE A motion was made by Councilmember Puyol and seconded by Councilmember Bickel to adopt Resolution 2025-23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF A PORTABLE GENERATOR FROM GENSET SERVICES, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Anthony discussed and explained the necessity for the purchase of a portable emergency generator to maintain power at Village facilities when there are outages. Discussion ensued between Councilmembers and Mr. Anthony regarding the size, cost and use of the portable generator. Thereafter, the motion to adopt Resolution 2025-23 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS NPB University – “Know Your Department – Parks & Recreation, Library Library Director Julie Morrell began the presentation and reviewed the Library’s Mission Statement, Organizational Structure, Department Highlights, Goals and Objectives, Completed Projects, Current and Upcoming Projects and the Fiscal Year 2025 General Fund Budget Summary. Parks and Recreation Director Ashley Shipman continued the presentation by reviewing the Parks and Recreation Department’s Mission Statement, Organizational Structure, Department Highlights, Committees, Clubs and Board Partnerships, Department Highlights: Who We Serve, Department Highlights: What We Have, Goals and Objectives, Completed Projects, Upcoming Projects and the Fiscal Year 2025 General Fund Budget Summary. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 7 of 8 MAYOR AND COUNCIL MATTERS/REPORTS continued Public Participation Rules and Procedures Mr. Rubin explained that Florida Statutes require the Village Council to give members of the public a reasonable opportunity to be heard on a proposition before the Council subject to rules or policies adopted by the Council. The Florida Statutes provides that such rules and policies are limited to those that provided guidelines regarding the amount of time an individual has to address the Council, prescribe procedures for allowing representatives of groups to address the Council, prescribe procedures or forms for an individual to use in order to inform the Council of a desire to be heard or indicate his or her position on a proposition before Council and to designate a specific time period for public comment. Mr. Rubin further explained that the Florida Statute also gives Council the right to regulate decorum. Numerous court decisions have upheld the right of legislative bodies to regulate decorum at public meetings, ruling that meetings of legislative bodies are limited public forums, thereby allowing the legislative body to enact content-based restrictions on free speech so long as they are reasonable, applied in a consistent manner, and viewpoint neutral. Members of the public do not have the unrestricted right to free speech at Village Council meetings, and the Council may enact rules regulating the behavior of participants to ensure that it meets are conducted in an orderly and efficient manner. Mr. Rubin stated that he provided an example of the Town Juno Beach’s Public Participation and Decorum Rules and Policies in the agenda backup materials. Mr. Rubin stated that Village Clerk Jessica Green also provided examples of Public Participation and Decorum Rules and Policies from other municipalities in the agenda backup. Councilmember Puyol asked if the decorum rules of civility be added to the public comment cards and be signed by the commenter. If the commenter does not abide by the rules, the police could escort them out of the meeting. Mr. Rubin explained it is generally the Mayor’s task to preside over the meeting and to warn those who are not conducting themselves according to the decorum rules. The Florida Statutes allows for the person to be removed from the meeting. Councilmember Bickel stated that she wanted the policy to reflect that the public receives three (3) minutes to comment on agenda items at the beginning of the meeting regardless of the number of topics. Councilmember Bickel asked that it be clear that letters are no longer read into the record at Council meetings. Mr. Rubin stated that the Town of Juno Beach was considering setting aside time in their meetings to respond to public comment. Mayor Searcy expressed her concerns with providing an expectation that all public comments would be addressed. Discussion ensued between Councilmembers, Mr. Rubin and Mrs. Green regarding what to include in the proposed Public Participation and Decorum Rules and Policies that would be brought back for consideration at a future Council meeting. Draft Minutes of the Village Council Regular Session held June 12, 2024 Page 8 of 8 MAYOR AND COUNCIL MATTERS/REPORTS continued Councilmember Puyol mentioned a letter that Council received from a resident regarding unleashed dogs at Lakeside Park. Chief Coliskey stated that residents should call the Police Department’s non-emergency number when encountering dogs off leash at Lakeside Park. Discussion ensued between Councilmembers regarding enforcement of the rules regarding unleashed dogs at the parks. Council agreed that signage should be updated at the parks and education regarding the requirements for dog leashing pushed out to residents by the Communications Department. Councilmember Puyol expressed his concerns regarding the community park at the Prosperity Village development. Discussion ensued between Councilmembers regarding the community park at the Prosperity Village development. Councilmember Puyol stated that the tile in the Country Club pool was in need of restoration. Councilmember Puyol discussed the power lines at the proposed 200 Yacht Club Drive project. Mr. Rubin stated that the proposed project was revised and tabled by the Planning, Zoning and Adjustment Board contingent upon an FPL consultant providing an impact estimate for the proposed project. Discussion ensued between Councilmembers regarding dates of Council meetings in Jul y and when Councilmembers would be out of town. VILLAGE MANAGER MATTERS/REPORTS Request for Attorney Client Session – Michael A. Bozzuto and NP Management v. Village of North Palm Beach – Case No. 50-2024-CA002377-XXXA-MB Council came to consensus to have an Attorney Client Session before the Regular Council meeting on June 26, 2025. The Session would begin at 5:15 p.m. and would last for approximately thirty (30) minutes. The Regular Council meeting would then begin at its regular time at 6 p.m. Mr. Huff stated that he would be out of town from June 25th through July 8th and that Deputy Village Manager Samia Janjua would attend the June 26th Council meeting on his behalf. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:28 p.m. Jessica Green, MMC, Village Clerk VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES DEPARTMENT TO: THRU: Honorable Mayor and Members of the Village Council Chuck Huff, Village Manager FROM: Jennifer Cain, Human Resources Director DATE: June 26, 2025 SUBJECT: RESOLUTION – Approval of Amendments to the Defined Contribution and 457 Plans Village Staff is recommending the Village Council’s adoption of a Resolution authorizing Village Staff to amend the existing Defined Contribution Plans for Non-Union Employees (Plan #106281), Municipal Workers (Plan #106282), Department Directors (Plan #106280), Village Manager (Plan #109501), as well as the Village’s 457 Deferred Compensation Plan (Plan #303158), to adjust the in-service withdrawal age to 59½. Village Staff is also seeking Council approval to amend the 457 Deferred Compensation Plan to allow for employees to take loans against the employee’s vested account balance to be paid back in equal installments of principal and interest over a period that does not exceed five years (extended to fifteen years for principal residence loans). Background: The Village utilizes MissionSquare (formerly known as ICMA) to manage the employee’s Defined Contribution Plan and 457 Deferred Compensation Plan. In reviewing the plans, Staff discovered that the earliest date where the plan allowed for distributions was set to age 70½. Staff is requesting to reduce this age to 59½ to be in-line with the normal distribution age as defined by the IRS guidelines. Additionally, the Village’s 457 Deferred Compensation Plan has not allowed for loans for plan participants. Staff is requesting to amend the 457 Plan to allow for loans to give employees access to their vested contributions. This will give employees an option to have access to funding for unforeseen circumstances or to assist with the purchase of a home. The employee would only be allowed one loan at a time against the employee’s vested account balance, up to $50,000, to be paid back in equal installments of principal and interest over a period that does not exceed five years. The term is extended to fifteen years for principal residence loans. Allowing for loans against the 457 plan gives the employee options for access to funding, while protecting their primary retirement plan. The Defined Contribution Plans were approved by the Village Council through the adoption of Ordinance No. 2006-26 on December 14, 2006. Consequently, any amendments to the Plans must be approved by the Village Council. The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff Requests Council consideration and approval of the attached Resolution approving an amendment to the Village’s Defined Contributions Plans and 457 Deferred Compensation Plan to reduce the minimum distribution age to 59½ and an amendment to the 457 Plan to allow for loans effective July 1, 2025 and authorizing the Village Manager to execute all documents necessary to effectuate such amendments in accordance with Village policies and procedures. RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AMENDMENTS TO THE VILLAGE’S DEFINED CONTRIBUTION PLANS AND DEFERRED COMPENSATION PLAN TO REDUCE THE MINIMUM WITHDRAWAL AGE AND AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN TO ALLOW FOR LOANS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE AMENDMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff is recommending an amendment to the Village’s Defined Contribution Plans (Non-Union Employees, Municipal Workers, Department Directors, and Village Manager) and the Village’s 457 Deferred Contribution Plan to reduce the minimum withdrawal age to 59½ and an amendment to the 457 Deferred Compensation Plan to allow for loans against the vested balance; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village, its employees, 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 correct and are incorporated herein. Section 2. The Village Council hereby approves an amendment to the Village’s Defined Contribution Plans (Non-Union Employees, Municipal Workers, Department Directors, and Village Manager) and the Village’s 457 Deferred Contribution Plan to reduce the minimum withdrawal age to 59½ and an amendment to the Village’s 457 Deferred Compensation Plan to allow for loans against the vested balance up to $50,000 with a five year term (increased to fifteen years for principal residence loans). The Village Council further authorizes the Village Manager to execute all documents necessary to effectuate these amendments. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jamie Mount, P.E., Assistant Director of Public Works DATE: June 26, 2025 SUBJECT: RESOLUTION – Approval of a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation for Lighting Facilities on U.S. Highway 1 and Alternate A1A Village Staff is seeking Village Council approval of a proposed Agreement between the Village and the Florida Department of Transportation (FDOT) for the maintenance of lighting facilities within FDOT rights-of-way located within the Village’s corporate limits. Under this Agreement, the Village will serve as the maintaining agency responsible for the upkeep of the lighting facilities along U.S. Highway 1 and Alternate A1A. The Agreement is for a term of seven (7) years, thereby ensuring long-term collaboration and support for the maintenance of lighting infrastructure. As part of the Agreement, FDOT will compensate the Village for satisfactory completion of all services detailed in the Agreement, with payments made at the end of each fiscal year. For the fiscal year in which the Agreement is signed, FDOT will provide the Village an initial payment of $27,827.20. Additionally, the per-light unit rate will increase by 3% each fiscal year. For example, the rate of $347.84 per light in Fiscal Year 2026 will increase to $358.28 in fiscal year 2027. The Village’s participation in this Agreement reinforces its commitment to maintaining safe and well-lit infrastructure for residents and visitors. Additionally, execution of the Agreement establishes a clear framework for financial support and operational responsibilities. Recommendation: Village Staff recommends Village Council approval of the attached Resolution approving a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation and authorizing the Village Manager to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2025-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR LIGHTING FACILITIES ALONG U.S. HIGHWAY ONE AND ALTERNATE A1A AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has presented the Village with an Agreement whereby the Village agrees to maintain lighting facilities in the U.S. Highway One and Alternate A1A rights-of-way and FDOT agrees to compensate the Village for such maintenance services; and WHEREAS, the Village Council determines that the adoption of this Resolution 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 a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Agreement 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 ________________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 02/21 Page 1 of 8 CONTRACT NO. ASM54 FINANCIAL PROJECT NO. 405121-2-78-20 F.E.I.D. NO. F596017984001 THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT”, and The Village of North Palm Beach , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as “Facilities”, are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. 375-020-52 MAINTENANCE OGC – 02/21 Page 2 of 8 c. All maintenance must be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY’s obligation to maintain the Facility commences upon the MAINTAINING AGENCY’s receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power commences at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT’s contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. The effective date of the termination will coincide with the end of the FDOT’s fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment FDOT shall pay to the MAINTAINING AGENCY a sum of $ 27,827.20 for the fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY’s authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys’ fees and litigation costs incurred in its recovery activities. 375-020-52 MAINTENANCE OGC – 02/21 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services. FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Chief Financial Officer’s Hotline, 1-800-848-3792. The State of Florida’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time may FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by FDOT or the public. b. Pursue any other remedies legally available. c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. 375-020-52 MAINTENANCE OGC – 02/21 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by FDOT. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail, or express mail and will be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: The Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 FDOT: Florida Department of Transportation, District 4 District Maintenance Office 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 f. PUBLIC ENTITY CRIME INFORMATION STATEMENT: 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with 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 from the date of being placed on the convicted vendor list. g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 375-020-52 MAINTENANCE OGC – 02/21 Page 5 of 8 h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. i. Nothing herein shall be construed as a waiver of either party’s sovereign immunity. j. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT 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 FDOT, upon request from FDOT’s custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by FDOT 375-020-52 MAINTENANCE OGC – 02/21 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 863-519-2623 D1prcustodian@dot.state.fl.us Florida Department of Transportation District 1 – Office of General Counsel 801 N. Broadway Bartow, FL 33830 District 2 386-758-3727 D2prcustodian@dot.state.fl.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025 District 3 850-330-1391 D3prcustodian@dot.state.fl.us Florida Department of Transportation District 3 - Office of General Counsel 1074 Highway 90 East Chipley, FL 32428 District 4 954-777-4529 D4prcustodian@dot.state.fl.us Florida Department of Transportation District 4 – Office of General Counsel 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 District 5 386-943-5000 D5prcustodian@dot.state.fl.us Florida Department of Transportation District 5 – Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 District 6 305-470-5453 D6prcustodian@dot.state.fl.us Florida Department of Transportation District 6 – Office of General Counsel 1000 NW 111 Avenue Miami, FL 33172-5800 District 7 813-975-6491 D7prcustodian@dot.state.fl.us Florida Department of Transportation District 7 - Office of General Counsel 11201 N. McKinley Drive, MS 7-120 Tampa, FL 33612 Florida’s Turnpike Enterprise 407-264-3170 TPprcustodian@dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike – Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 Central Office 850-414-5355 COprcustodian@dot.state.fl.us Office of the General Counsel Florida Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 02/21 Page 7 of 8 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled “Changes to Form Document” and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled “Changes to Form Document." You MUST signify by selecting one of the applicable options: No changes have been made to this Forms Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Printed Name: ) (Printed Title: ) Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Printed Name: Paul A. Lampley, P.E. ) Date: (Printed Title: Director of Transportation Operations ) FDOT Legal Review BY: (Signature) Counsel Date: (Printed Name: Elizabeth S. Quintana ) 375-020-52 MAINTENANCE OGC – 02/21 Page 8 of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT For Fiscal Year 2026-2027 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the services described in this Agreement and method by which payments will be made. 2.0 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. See attached spreadsheet. 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of $347.84 in fiscal year 2026 shall increase to $358.28 in fiscal year 2027. Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and ___%. Example: 330 (lights) x $ (unit rate) x 0.90 (90% requirement) = $ 0.00 Type of Light # of lights LED or HPS Unit rate 0.00% Total High Mast HPS 0.00 0.00 0.00 Standard HPS 0.00 0.00 0.00 Underdeck HPS 0.00 0.00 0.00 Sign HPS 0.00 0.00 0.00 High Mast LED 0.00 0.00 0.00 Standard LED 0.00 0.00 0.00 Underdeck LED 0.00 0.00 0.00 Sign LED 0.00 0.00 0.00 From To 93080000 North Palm Beach A1A 3.244 4.987 E 0 93080000 North Palm Beach A1A 5.973 6.207 E 0 93080000 North Palm Beach A1A 3.244 4.987 W 0 93080000 North Palm Beach A1A 5.973 6.207 W 0 93040000 North Palm Beach 5 Federal Hwy 0.384 3.004 E 70 93040000 North Palm Beach 5 Federal Hwy 0.384 3.004 W 10 Totals 80 RemarksMile Post Side Total No. of Poles The Village of North Palm Beach Section No. City State Road Local Name