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09-25-2025 VC REG-A with attachments_REVISED VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA - REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, SEPTEMBER 25, 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/995/16543/Watch-Meetings-Live?activeLiveTab=widgets ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA AWARDS AND RECOGNITION 1. Proclamation - Florida Climate Week 2. Proclamation - Hunger Action Month 3. Proclamation - National Hispanic Heritage Month APPROVAL OF MINUTES 4. Minutes of the Regular Session held September 11, 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 Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. Regular Session Agenda, September 25, 2025 Page 2 of 2 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. 5. RESOLUTION – Approving a Twelfth Amendment to the Agreement for grant services with RMPK Funding, Inc. for a total compensation not to exceed $20,000; and authorizing execution of the Amendment. 6. RESOLUTION – Approving and Ratifying Memorandums of Understanding with the Palm Beach County Police Benevolent Association, Inc. and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. to extend the Deferred Option Retirement Plan from five to eight years; and authorizing execution of the Memorandums of Understanding. 7. RESOLUTION – Approving a Mutual Aid Agreement for Cold Case Investigations with the City of Riviera Beach Police Department; and authorizing execution of the Agreement. 8. RESOLUTION – Approving a Fourth Amendment to the Contract with C.A.P. Government, Inc. to increase the total amount of compensation for Fiscal Year 2025 from $150,000 to $180,000; and authorizing execution of the Fourth Amendment. 9. Receive for file Minutes of the Business Advisory Board meeting held 7/15/25. 10. Receive for file Minutes of the Environmental Committee meeting held 8/11/25. 11. Receive for file Minutes of the Recreation Advisory Board meeting held 8/12/25. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 12. PUBLIC HEARING AND 2ND READING OF ORDINANCES 2025-14 AND 2025-15 AD VALOREM TAX MILLAGE RATE AND BUDGET Consider a motion to adopt and enact on second reading Final Ad-Valorem Tax Millage Rate and Approved Fiscal 2025-2026 Village Budget. 13. RESOLUTION – CONTRACT FOR PURCHASE OF TWO PARCELS LOCATED AT 9525 OLD DIXIE HIGHWAY AND BUDGET AMENDMENT TO FUND PURCHASE Approving a Contract for the purchase of two parcels of real property located at 9525 Old Dixie Highway at a total cost of $530,000; and approving a Budget Amendment to fund the purchase. OTHER VILLAGE BUSINESS MATTERS COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 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 SEPTEMBER 11, 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. Mayor Searcy asked Fire Chief Scott Fresemen to present the Village of North Palm Beach Firefighter and Police Color Guard to honor and have a moment of silence in remembrance of the lives that were lost in the terrorist attack that occurred on September 11, 2001. PLEDGE OF ALLEGIANCE Village of North Palm Beach Firefighter and Police Color Guard led the public in the pledge. Mayor Searcy thanked the Village of North Palm Beach Firefighter and Police Color Guard. Mayor Searcy announced that two firefighters would be promoted on September 12th and congratulated Anthony Giarusso who would be promoted to Deputy Fire Chief and Kevin Maloney who would promoted to Fire Captain. APPROVAL OF MINUTES The Minutes of the Regular Session held August 28, 2025 were approved as written. PUBLIC HEARING AND QUASI-JUDICAL MATTERS PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Councilmember Puyol and seconded by Councilmember Bickel to adopt on first reading Ordinance 2025-14 entitled: Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 2 of 7 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Bickel and seconded by Vice Mayor Interlandi to adopt on first reading Ordinance 2025-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff thanked staff for their work on the budget and Council for dedicating their time to Budget Workshop meetings. Mr. Huff gave an overview of the schedule of past and future meetings for the Fiscal Year 2026 Budget. Mr. Huff discussed and explained the Phases in the Municipal Budget Process and Budget Cycle Planning Timeline which were Strategic Planning, Departments Prepare Budget Requests, Management Team reviews Budget, Proposed Budget/Millage Rate, Council Workshops and Approve Budget/Millage Rate. Mr. Huff reviewed the challenges of 2026 which were “Managing Inflation and Rising Costs”, “Addressing Aging Infrastructure”, “Planning Long-Term Amid Uncertainty”, “Navigating Tariffs”, “Adjusting to the Sunset of Infrastructure Surtax”, “Compensating for lost FRDAP Grants”, “Operating with State Appropriations”, “Facing the Absence of FEMA Support”, and the “Absence of State Appropriated Funds for Storm Water”. Mr. Huff reviewed how the Village’s taxable value increases compared to other Palm Beach County municipalities stating that the Village of North Palm Beach had the third lowest percentage change. Mr. Huff stated that the budget was based on maintaining the current millage rate of 7.40 mils and provided for maintenance of the Village’s level of service, amenities and quality of life programs remaining fully funded in FY26, Capital Improvements, replacement of essential (capital) equipment and vehicles, employee salary increases and employee benefits. Mr. Huff reviewed a snapshot of the General Fund, Country Club and Stormwater Fund. Mr. Huff reviewed Taxpayer Impacts and discussed and explained Taxable Value, Ad Valorem Taxes and an example tax bill for the Village of North Palm Beach. Mr. Huff stated that for every dollar spent in property taxes, the Village only receives $0.37. Mr. Huff reviewed the FY26 Budget Summary of th e General Fund Revenues and Expenditures. The Total General Fund Budget was $39,994,910. Mr. Huff reviewed the FY26 Country Club Revenues and Expenses. The Total Country Club Budget was $9,290,945. Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 3 of 7 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued Mr. Huff continued by reviewing and discussing the Stormwater Utility Fund total fund budget of $500,000. Mr. Huff reviewed the FY 2026- FY 2030 5-Year Capital Improvement Summary Plan which included a five-year ongoing and rolling expenditure plan that provides the Village with a financial strategy for infrastructure improvements, major capital improvements may require multiple years to strategically plan, design, fund, and eventually construct or execute. It is updated annually to add new appropriations and projects while evaluating priorities, new requirements, and new funding sources based on Council’s strategic planning. Mr. Huff stated that the Fiscal Year 2026-2030 Total 5 year CIP amounted to $4,617,438. FY 2027 large projects would be the Lighthouse Bridge, Septic/Sewer, Club EOC, Anchorage Park South Seawall & Dock Replacement. Mr. Huff gave a Municipal Services Comparison showing that the Village was a full-service community. Mr. Huff concluded the presentation and asked if Council had any questions. Mayor Searcy opened the public hearing on the Ad Valorem Tax Millage Rate and FY 2026 Budget. Karen Marcus, 920 Evergreen Drive, thanked Council for the budget and funding the Police and Fire Department and all of the Village employees. There being no further comments, Mayor Searcy closed the public hearing. Councilmember Puyol expressed his understanding and approval of the proposed budget and millage rate. Vice Mayor Interlandi expressed her approval and support of the proposed budget and millage rate. Councilmember Bickel expressed her approval and support of the proposed budget and millage rate. Mayor Searcy expressed her approval and support of the proposed budget and millage rate. A motion was made by Councilmember Bickel and seconded by Councilmember Puyol to establish an ad valorem tax millage rate of 7.4000 mils. Thereafter the motion passed unanimously. Mayor Searcy announced that the rolled back rate was 7.0247 mils, the percentage increase over the rolled back rate was 5.34%, and the millage rate to be levied was 7.4000 mils. The motion to adopt on first reading Ordinance 2025-14 approving the Ad Valorem Tax Millage Rate passed unanimousl y. The motion to adopt on first reading Ordinance 2024-15 approving the Fiscal Year 2024-2025 Annual Budget passed unanimously. RESOLUTION 2025-43 – NON-AD VALOREM ASSESSMENT ROLL FOR STORMWATER MANAGEMENT UTILITY ASSESSMENT A motion was made by Councilmember Bickel and seconded by Councilmember Puyol to adopt Resolution 2025-43 entitled: Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 4 of 7 RESOLUTION 2025-43 – NON-AD VALOREM ASSESSMENT ROLL FOR STORMWATER MANAGEMENT UTILITY ASSESSMENT continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND CERTIFYING THE NON-AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT FOR PARCELS OF REAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Chad Girard explained that the purpose of the resolution was to approve the 2025-2026 Non-Ad Valorem Assessment Roll for the Stormwater Utility Assessment. Mr. Girard stated that there were no changes to the assessment from the previous year. This year there were 7,205 parcels and a total assessment value of $485,218.96. Thereafter the motion to adopt Resolution 2025-43 passed unanimously. RESOLUTION 2024-44 – PARTICIPATION IN LAWSUIT CHALLENGING SENATE BILL 180 A motion was made by Councilmember Puyol and seconded by Councilmember Bickel to adopt Resolution 2025-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING, AMONG OTHER THINGS, TO DECLARE THAT SENATE BILL 180’S IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING REGULATIONS IS UNCONSTITUTIONAL AND SHOULD BE ENJOINED AND RETAINING THE LAW FIRM OF WEISS SEROTA HELFMAN COLE + BIERMAN, PL TO PROSECUTE THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that Senate Bill 180 froze counties and municipalities throughout the State of Florida from exercising their home rule authority over land use and zoning regulations retroactive to August 1, 2024 through October 1, 2027. Mr. Rubin explained that the Village was severely impacted by SB 180 since it had spent many months and expended funds to update its EAR and Comprehensive Plan only to receive a letter from Florida Commerce declaring it void due to SB 180. Mr. Rubin stated that the law firm of Weiss Serota Helfman Cole + Berman would be filing a lawsuit alleging that SB 180 was unconstitutional and invalid because, among other things, it: (1) embraces more than one subject matter; (2) included a defective title; (3) requires local governments to spend an amount that exceeds an insignificant fiscal impact without including a finding that the law fulfills and important state interest; and (4) constitutes a sweeping intrusion on home rule authority, threatening local ability to enact land use, zoning, flood-resiliency, and environmental protections. Councilmember Bickel expressed her support for the resolution to join the lawsuit declaring Senate Bill 180 unconstitutional. Discussion ensued among Councilmembers regarding SB 180’s potential impacts to the Village. Mr. Rubin explained that the intention of the lawsuit was to place an injunction on SB 180 and then to have it declared unconstitutional. Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 5 of 7 RESOLUTION 2024-44 – PARTICIPATION IN LAWSUIT CHALLENGING SENATE BILL 180 continued Thereafter the motion to adopt Resolution 2024-77 passed unanimously. Lighthouse Drive Bridge Design Public Works Director Chad Girard began a presentation on the Lighthouse Drive Bridge Replacement Design. Mr. Girard reviewed, discussed and explained the Project Design Schedule stating that final construction drawings were anticipated for November 2026, and reviewed Bridge Cross-Section Option A with renderings and Bridge Cross-Section Option B with renderings. Pam Cinilia, 640 Lighthouse Drive, expressed her concerns with a proposed expansion of the Lighthouse Bridge. Mrs. Cinilia requested smaller sidewalks and shoulder requirement and to keep the new bridge similar to what was already there. Mrs. Cinilia requested five (5) foot sidewalks to maintain continuity with the approaching sidewalks. Ronald Lantz, 720 Ibis Way, expressed his concerns with the proposed width of the sidewalks for the proposed Lighthouse Bridge design and stated that the majority of residents voted for no bike lanes on the bridge. Karen Marcus, 920 Evergreen Drive, stated that she was on Council when the contract with WGI for the Lighthouse Drive Bridge design was approved and that she was also on the Selection Committee that selected WGI. Ms. Marcus stated that she supported ten (10) foot lanes, five (5) foot sidewalks and the 2.5 foot shoulders. Ms. Marcus stated that waivers to the green book standard could be obtained. Ms. Marcus stated that she could provide the schedule for the Prosperity Farms Road bridge which is anticipated to be completed in 2028. Ms. Marcus recommended a smaller footprint of the Lighthouse Drive Bridge. Mayor Searcy began a presentation regarding the 2016 Master Plan by Treasure Coast Regional Planning Council and the 2023 Lighthouse Drive Traffic Calming Study. Mayor Searcy reviewed the 2016 Master Plan and the survey results of the of a NPB Community Survey done by 2GHO. Mayor Searcy reviewed and discussed possible alternatives provided by Treasure Coast Regional Planning Council and renderings of examples of shared use paths. Discussion ensued between Mr. Girard and Councilmembers regarding whether to have a bike lane and/or a sidewalk barrier and at what widths they should be. Vice Mayor Interlandi stated that most of the residents she has heard from did not want a bigger bridge. Vice Mayor Interlandi proposed replacing the existing bridge and not expand the bridge and designing it to have a nine (9) inch railing, five (5) foot sidewalks, a thirteen (13) inch crash barrier, a 2.5-foot shoulder and ten (10) foot travel lanes. Councilmember Bickel agreed with Vice Mayor Interlandi’s proposal and asked if it were possible to make one sidewalk smaller on one side than the opposite sidewalk. Councilmember Bickel asked if Council was at a consensus to have (10) foot travel lanes and a barrier between the road and the sidewalk for the new Lighthouse Drive Bridge. Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 6 of 7 Lighthouse Drive Bridge Design continued Council came to consensus to have ten (10) foot travel lanes and a barrier between the road and the sidewalk for the new Lighthouse Drive Bridge. Councilmember Puyol discussed the proposal of adding bike lanes to the new Lighthouse Drive Bridge. Councilmember Puyol supported keeping the bridge as small as possible. Councilmember Bickel asked Mr. Girard about redesigning the barrier to be permeable and moved closer to cars to slow traffic and if the drainage could be moved to the other side of the barrier to make the sidewalk wider and the road narrower. Discussion ensued between Mr. Girard and Councilmembers regarding engineering requirements for the bridge. Councilmember Bickel stated that she supported five (5) foot sidewalks. Mayor Searcy expressed her support for adding bike lanes to the new Lighthouse Drive Bridge. Discussion ensued between Councilmembers and Mr. Girard regarding whether to add bike lanes to the new Lighthouse Bridge and whether grant funding would be affected by getting waivers. Vice Mayor Interlandi expressed her support for Mayor Searcy’s presentation and opinion regarding bike lanes and discussed why she was voting for a narrower bridge without bike lanes. Mr. Girard clarified that Council was requesting ten (10) foot travel lanes, 2.5 foot shoulders, crash barriers and five (5) foot sidewalks and Council agreed. Mayor Searcy asked if they could request a minimum of six (6) foot sidewalks in the case t hat waivers were necessary for five (5) foot sidewalks that would impact grant funding, and to make sure that the proposed bridge meets industry standards. Vice Mayor Interlandi asked Mr. Girard to confirm whether or not a waiver would be required and if the proposed smaller bridge would meet industry standards. Mr. Girard stated that he would find out the information necessary to make sure the proposed bridge could move forward and still receive grant funding. Councilmember Bickel asked that if waivers prevented the grant funding, that the proposed bridge be brought back for discussion at a public meeting. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Bickel stated that there was a great news story regarding the Village’s vertical oyster garden. Councilmember Bickel expressed her gratitude to the Environmental Committee for their contributions. Vice Mayor Interlandi stated that the Town of Palm Beach had begun addressing issues in the Lake Worth Lagoon regarding long term mooring and anchoring. The Town of Palm Beach has been collaborating with the Village and using the Village’s practices to address the issues. Draft Minutes of the Village Council Regular Session held September 11, 2025 Page 7 of 7 MAYOR AND COUNCIL MATTERS/REPORTS continued Mayor Searcy announced the Recreation Department was offering adult sports activities such as soccer, a basketball league and a kickball league. Mayor Searcy announced that the “Touch a Truck” event would be taking place on September 20th. Councilmember Puyol stated that the Village will be hosting the Palm Beach County League of Cities Board and General Membership Meeting at the Country Club on September 24th and suggested providing ship wheel coasters as a gift for the attendees. Councilmember Puyol stated that he was one out of ten (10) of Palm Beach County’s thirty-nine (39) municipalities that have a Hispanic elected official despite the fact that 40% of the population in Palm Beach County is Hispanic. Councilmember Puyol encouraged members of the Hispanic community to step out and run for office. Councilmember Puyol asked for help from the community and expressed a need for a john boat to place vertical oyster gardens on docks within the community. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff announced that “Conversations with Council” will take place on September 16th beginning at 5:30 p.m. in the Country Club Banquet room. Mr. Huff reviewed the guidelines as it related to the Sunshine Law. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:40 p.m. Jessica Green, MMC, Village Clerk VILLAGE OF NORTH PALM BEACH PARKS AND RECREATION TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Ashley Shipman, Director of Parks and Recreation DATE: September 25, 2025 SUBJECT: RESOLUTION – Approval of a Twelfth Amendment to an Agreement for professional grant preparation and management services with RMPK Funding, Inc. Since 2013, RMPK Funding Inc. has played a key role in helping the Village secure and administer grant funding. Their services have included identifying grant opportunities, preparing and submitting applications, providing regular status updates, managing project start-up and closeout requirements, and processing amendments or extensions as needed. A portion of the expenses for retaining RMPK may be offset through grant reimbursements. Given their consistent track record of performance, Village staff recommends that the Village Council waive the formal quotation process and approve a one-year extension of the existing agreement. The cost of this amendment is $20,000 ($5,000 per quarter), effective October 1, 2025. The Village has maintained a working relationship with RMPK for more than a decade. The attached Resolution and Twelfth Amendment have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General Fund Parks and Recreation A8028-33190 Professional Services $20,000.00 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Twelfth Amendment to the Agreement for Grant Services with RMPK Funding, Inc. at a cost not to exceed $20,000, with funds expended from Account No. A8028-33190 (Parks and Recreation – Professional Services), and authorizing the Mayor and Village Clerk to execute the Twelfth Amendment 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 TWELFTH AMENDMENT TO THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE TWELFTH AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2013-05, the Village Council approved an Agreement for Grant Services for RMPK Funding, Inc.; and WHEREAS, through the adoption of Resolution Nos. 2014-25, 2015-22, 2016-52, 2017-67, 2018-92, 2019-134, 2020-71, 2021-87, 2022-74, 2023-69, and 2024-82, the Village Council extended the term of the Agreement and modified the compensation for additional fiscal years through September 30, 2025; and WHEREAS, the parties wish to enter into a Twelfth Amendment to the Agreement to again extend the term for an additional one-year period through September 30, 2026; 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 and citizens 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 and incorporated herein. Section 2. The Village Council hereby approves the Twelfth Amendment to Agreement for Grant Services with RMPK Funding, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Twelfth Amendment on behalf of the Village. The compensation for Fiscal Year 2026 shall not exceed $20,000.00, with funds expended from Account No. A8028-33190 (Parks & Recreation – Professional Services). 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 take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 3 TWELFTH AMENDMENT TO AGREEMENT FOR GRANT SERVICES This Twelfth Amendment is made as of the ____ day of ___________, 2025, by and between the Village of North Palm Beach, Florida, a Florida municipal corporation (“VILLAGE”) and RMPK Funding, Inc., a Florida corporation (“CONSULTANT”), whose FEIN is 20-609342. RECITALS WHEREAS, the VILLAGE and CONSULTANT entered into an Agreement for grant preparation and management services dated February 14, 2013 (“Agreement”); and WHEREAS, Section 2(A) of the Agreement provides that the term of the Agreement may be extended upon written agreement of the parties; and WHEREAS, through the execution of an Amendment to the Agreement (“First Amendment”) dated April 10, 2014, the parties extended the term through February 14, 2015; and WHEREAS, through the execution of a Second Amendment to the Agreement (“Second Amendment”) dated February 26, 2015, the parties extended the term through September 30, 2016; and WHEREAS, through the execution of a Third Amendment to the Agreement (“Third Amendment”) dated September 8, 2016, the parties extended the term through September 30, 2017; and WHEREAS, through the execution of a Fourth Amendment to the Agreement (“Fourth Amendment”) dated September 21 2017, the parties extended the term through September 30, 2018; and WHEREAS, through the execution of a Fifth Amendment to the Agreement (“Fifth Amendment”) dated October 25, 2018, the parties extended the term through September 30, 2019; and WHEREAS, through the execution of a Sixth Amendment to the Agreement (“Sixth Amendment”) dated December 12, 2019, the parties extended the term through September 30, 2020; and WHEREAS, through the execution of a Seventh Amendment to the Agreement (“Seventh Amendment”) dated November 12, 2020, the parties extended the term through September 30, 2021; and WHEREAS, through the execution of an Eighth Amendment to the Agreement (“Eighth Amendment”) dated October 11, 2021, the parties extended the term through September 30, 2022; and WHEREAS, through the execution of a Ninth Amendment to the Agreement (“Ninth Amendment”) dated September 22, 2022, the parties extended the term through September 30, 2023; and Page 2 of 3 WHEREAS, through the execution of a Tenth Amendment to the Agreement (“Tenth Amendment”) dated September 14, 2023, the parties extended the term through September 30, 2024; and WHEREAS, through the execution of an Eleventh Amendment to the Agreement (“Eleventh Amendment”) dated September 26, 2024, the parties extended the term through September 30, 2025; and WHEREAS, the VILLAGE and CONSULTANT wish to again extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth in the Agreement and this Twelfth Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the VILLAGE and CONSULTANT agree as follows: 1. The Agreement is hereby extended through September 30, 2026, at which time the Agreement shall automatically expire unless extended by written agreement of the parties. 2. The VILLAGE shall pay to CONSULTANT the sum of $20,000 for services rendered during Fiscal Year 2026 (October 1, 2025 through September 30, 2026). The Village shall remit payment to CONSULTANT on a quarterly basis. The first quarterly payment of $5,000 shall be due upon execution of this Agreement, with remaining quarterly payments due on or before January 15, 2026, April 15, 2026, and July 15, 2026. 3. All provisions of the Agreement, as amended, to the extent not specifically modified herein, shall remain in full force and effect. In the event of a conflict between the terms of this Twelfth Amendment and the Agreement, as previously amended by the First through Eleventh Amendments, the terms of this Twelfth Amendment shall control. IN WITNESS WHEREOF, the parties hereto have made and executed this Twelfth Amendment as of the day and year first above written. VILLAGE OF NORTH PALM BEACH BY: ________________________________ Deborah Searcy, Mayor ATTEST: BY: ________________________________ Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ Village Attorney Page 3 of 3 RMPK FUNDING, INC. BY: Ryan A. Ruskay, President 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: September 25, 2025 SUBJECT: RESOLUTION – Approval and Ratification of MOUs with the PBA and IAFF to extend the Deferred Retirement Option Plan from five to eight years. The Village and the Palm Beach County Police Benevolent Association, Inc. (PBA) are parties to a Collective Bargaining Agreement (CBA) ratified by the PBA on September 10th, 2024, and approved and ratified by the Village on September 12th, 2024, through the adoption of Resolution No. 2024-80. The Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. are parties to a Collective Bargaining Agreement (CBA) ratified by the IAFF on August 29th, 2024, and approved and ratified by the Village on September 12th, 2024, through the adoption of Resolution No. 2024-81. The Village and the PBA and the IAFF have agreed to amend Article 28 (Pension) for the PBA CBA and Article 6 (Pension) for IAFF CBA to amend the Deferred Retirement Option Plan (DROP) as follows (the boldfaced language represents the changes): PBA ARTICLE 28 PENSION …. 7. All DROP program benefits and contributions will remain the same, except that the period of participation in the DROP shall be extended from five (5) to eight (8) years. IAFF ARTICLE 6 PENSION …. 6. The maximum allowable period of participation in the Pension Plan’s Deferred Retirement Option Plan (DROP) shall be extended from five (5) years to eight (8) years. This extension shall apply to all members of the Pension Plan, including those currently participating in DROP. The Village and the PBA and the IAFF further agreed that the changes outlined above shall appear in the respective Collective Bargaining Agreement without modifying any other existing Article or Subsection. The MOU becomes effective upon ratification of both the PBA and the Village. The MOU has already been ratified by the PBA and IAFF. The extension of the DROP period will apply to both those law enforcement officers and firefighters currently participating in the DROP and those who enter the DROP at a later date. The Village did receive confirmation from Foster & Foster, the Pension Plan actuary, that the extension of the DROP period “will have no impact on determining the funding requirements of the program.” A copy of the letter from Foster & Foster is attached as additional back up. 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 and ratifying Memorandums of Understanding with the PBA and IAFF to revise the DROP period provisions of the existing Collective Bargaining Agreements and authorizing the Village Manager to execute the MOU in accordance with Village policies and procedures. Once approved by Village Council, staff will bring an Ordinance amending the North Palm Beach Police and Fire Pension Plan for approval by the Village Council. Page 1 of 2 RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND RATIFYING MEMORANDUMS OF UNDERSTANDING WITH THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. AND THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. TO EXTEND THE DEFERRED OPTION RETIREMENT PLAN FROM FIVE TO EIGHT YEARS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUMS OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Palm Beach County Police Benevolent Association, Inc. (PBA) are parties to a Collective Bargaining Agreement (CBA) ratified by the PBA on September 10th, 2024, and approved and ratified by the Village on September 12th, 2024, through the adoption of Resolution No. 2024-80; and WHEREAS, the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. are parties to a Collective Bargaining Agreement (CBA) ratified by the IAFF on August 29th, 2024, and approved and ratified by the Village on September 12th, 2024, through the adoption of Resolution No. 2024-81; and WHEREAS, the Village and both the PBA and the IAFF have agreed to Memorandums of Understanding (MOUs) to amend the respective CBA’s to extend the Deferred Option Retirement Plan (DROP) from five to eight years, effective upon ratification of both parties; and WHEREAS, the Village Council determines that approval and ratification of the MOUs 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 correct and are incorporated herein. Section 2. The Village Council hereby approves and ratifies the Memorandums of Understanding with the PBA and the IAFF, copies of which are attached hereto and incorporated herein, and authorizes the Village Manager to execute the MOUs on behalf of the Village. 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 Page 2 of 2 ATTEST: VILLAGE CLERK Page 1 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. This Memorandum of Understanding (“MOU”) is entered into by and between the Village of North Palm Beach (“Village”) and the Palm Beach County Police Benevolent Association, Inc. (“PBA”) for the purpose of memorializing an agreement regarding the extension of the Pension Deferred Retirement Option Plan (DROP) period. WHEREAS, the PBA is the certified bargaining agent for the r egular full-time employees of the Village’s Police Department designated as police officers, detectives, sergeants, and police records clerks; and WHEREAS, Village’s Pension Plan for full-time police officers and firefighters (“Pension Plan”) currently allows for participation in a Deferred Retirement Option Plan (“DROP”) with a maximum participation period of five (5) years; and WHEREAS, the Village and the PBA have agreed to extend the maximum DROP participation period, and the parties recognize that this change requires a formal amendment to the Pension Plan through the adoption of an implementing Ordinance by the Village Council. NOW, THEREFORE, the Village and the PBA agree as follows: 1.Recitals. The foregoing recitals are ratified as true and correct. 2.Extension of DROP Period. The maximum allowable period of participation in the Pension Plan’s Deferred Retirement Option Plan shall be extended from five (5) years to eight (8) years. This extension shall apply to all members of the Pension Plan, including those currently participating in the DROP. 3. Implementation. The parties acknowledge that final implementation requires the adoption of an Ordinance amending the Pension Plan. The Village agrees to take all necessary steps to draft the Ordinance and present the Ordinance to the Village Council for consideration and approval. Once approved, the extension will be effective immediately for all members of the Pension Plan. 4. Impact on Collective Bargaining Agreement. This MOU shall be incorporated into and made a part of the current Collective Bargaining Agreement (“CBA”) between the Village and the PBA. Specifically, Article 28 (Pension), shall be amended to add the bolded language as follows: ARTICLE 28 PENSION 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433-5500 · Fax (239) 481-0634 · www.foster-foster.com August 26, 2025 VIA EMAIL Ms. Jennifer Cain, MBA, SHRM-SCP, FCLRP Director of Human Resources Village of North Palm Beach Re: Village of North Palm Beach Fire and Police Retirement Fund Funding Impact Associated with 8-Year DROP Dear Ms. Cain: As requested, we have performed a special actuarial analysis to determine the impact on the plan’s funding requirements associated with extending the maximum DROP participation period from 60 to 96 months, keeping the same earnings provision as for the current DROP: actual net rate of investment return, but no less than 0.00% and no more than 6.40%. We have determined that adoption of this provision will have no impact on determining the funding requirements of the program. It should be noted that these changes to retirement benefits could potentially affect participants’ retirement behavior. The results of this analysis do not reflect any changes to the assumptions, but we will monitor the assumption should benefits be changed in order to ensure that the assumption is in line with anticipated future plan experience. The undersigned are familiar with the immediate and long-term aspects of pension valuations and meet the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. All sections of this report, as well as the October 1, 2024 valuation report, are considered an integral part of the actuarial opinions. In reviewing the results presented in this study, it should also be noted there are risks that may not be inherently apparent to the reader that should be carefully considered. For key risks, please see the Discussion of Risk section of the October 1, 2024 actuarial valuation report. If you have any questions, please let us know. Sincerely, Sara E. Carlson, ASA, EA, MAAA Enrolled Actuary #23-8546 VILLAGE OF NORTH PALM BEACH POLICE DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Robert Coliskey, Police Chief DATE: September 25, 2025 SUBJECT: RESOLUTION – Approval of Mutual Aid Agreement with the Riviera Beach Police Department for Cold Case Investigations. Village Staff recommends that the Village Council consider the approval of the attached Resolution approving a Mutual Aid Agreement between the North Palm Beach Police Department and the Riviera Beach Police Department for Cold Case Investigations. This Agreement will provide each agency additional resources to request and receive assistance from the other in major unsolved crimes. Upon execution by both parties, the Agreement shall remain in effect for a period of one (1) year, with automatic renewal for additional one-year terms unless terminated by either party with thirty (30) days’ written notice. There is no immediate fiscal impact. 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 Mutual Aid Agreement with the City of Riviera Beach Police Department for Cold Case Investigations and authorizing the Mayor and Police Chief 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 MUTUAL AID AGREEMENT FOR COLD CASE INVESTIGATIONS WITH THE CITY OF RIVIERA BEACH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR AND POLICE CHIEF TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department requested Village Council approval of a Mutual Aid Agreement with the City of Riviera Beach Police Department for cold case investigations; and WHEREAS, approval of the Mutual Aid Agreement would provide the Village with additional resources to request and receive assistance from the City’s Police Department for major unsolved crimes; 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 hereby ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Mutual Aid Agreement with the Riviera Beach Police Department for Cold Case Investigations, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Police Chief to execute the Agreement on behalf of the Village. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK MUTUAL AID AGREEMENT FOR COLD CASE INVESTIGATIONS BETWEEN RIVIERA BEACH POLICE DEPARTMENT AND NORTH PALM BEACH POLICE DEPARTMENT WHEREAS, the Riviera Beach Police Department and the North Palm Beach Police Department recognize the benefits of mutual cooperation and support to effectively investigate and resolve cold case crimes, including unsolved homicides, sexual offenses, and other violent felonies; and WHEREAS, Section 23.12, Florida Statutes, the Florida Mutual Aid Act, authorizes such inter-agency agreements for law enforcement services that permit voluntary cooperation across jurisdictional boundaries; and WHEREAS, both departments are committed to enhancing public safety and justice through coordinated efforts in the resolution of serious unsolved cases. NOW, THEREFORE, the undersigned parties, in consideration of the mutual covenants and benefits described herein, agree as follows: SECTION 1: VOLUNTARY COOPERATION 1.1 The Riviera Beach Police Department and the North Palm Beach Police Department (individually referred to as an "Assisting Agency" or “Requesting Agency”) hereby enter into this Mutual Aid Agreement to permit either agency to request and receive assistance from the other in conducting cold case investigations involving homicides, sexual offenses, and other major unsolved crimes. 1.2 Personnel assigned under this Agreement are authorized to conduct investigative activities related to cold cases, including interviews, forensic reviews, evidence analysis, and follow-up inquiries. These activities may take place both within the jurisdiction of the requesting agency and within the investigator’s own jurisdiction, as needed to support the investigation. All actions shall comply with applicable laws and the policies of the Requesting Agency. 1.3 Any request for assistance pursuant to this Agreement shall be subject to the availability of resources of the Assisting Agency and the Assisting Agency’s operational demands, as determined in the sole discretion of the Police Chief or his/her designee. SECTION 2: COMMAND AND SUPERVISION 2.1 Personnel assigned from the Assisting Agency shall remain under the immediate supervision and command of their originating department, but shall coordinate efforts with the designated supervisor of the Requesting Agency’s investigative division. 2.2 Investigative tasks shall be conducted in close collaboration, and any operational decisions or field activities shall be coordinated through the designated supervisor of the Requesting Agency. MUTUAL AID AGREEMENT FOR COLD CASE INVESTIGATIONS Page 2 of 3 SECTION 3: COMPLAINTS AND INVESTIGATIVE CONDUCT 3.1 In the event of a complaint arising from the conduct of a cold case investigation involving assisting personnel, the complaint shall be documented by the Requesting Agency and referred to the Assisting Agency for investigation and appropriate action. 3.2 All law enforcement personnel participating in this agreement shall conduct themselves in accordance with their own department’s general orders and ethical standards. SECTION 4: LIABILITY AND IMMUNITIES 4.1 Each agency agrees to be responsible for the actions of its own personnel and to hold the other agency harmless from any liability arising out of its employees' actions under this agreement, subject to th e provisions of Section 768.28, Florida Statutes. 4.2 Law enforcement officers performing duties under this Agreement shall retain the same immunities, benefits, privileges, and protections as when acting within their own jurisdiction. SECTION 5: COSTS AND EXPENSES 5.1 Each agency shall be responsible for the salary, benefits, and other employment-related expenses of its personnel participating in the investigations under this Agreement. 5.2 No reimbursement or compensation is expected unless otherwise agreed upon in writing for specific case-related expenses. SECTION 6: EFFECTIVE DATE AND TERMINATION 6.1 This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of one (1) year, with automatic renewal for additional one-year terms unless terminated by either party upon thirty (30) days’ written notice. 6.2 This Agreement may be amended in writing at any time by mutual consent of both agencies. MUTUAL AID AGREEMENT FOR COLD CASE INVESTIGATIONS Page 3 of 3 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date indicated below: CITY RIVIERA BEACH By: _________________________________ Michael Coleman, Chief of Police Date: ___________________________ By: _________________________________ Douglas Lawson, Mayor Date: ___________________________ APPROVED AS TO LEGAL SUFFICIENCY By: _________________________________ Dawn Wynn, City Attorney Date: ___________________________ VILLAGE OF NORTH PALM BEACH By: _________________________________ Robert Coliskey, Chief of Police Date: ___________________________ By: _________________________________ Deborah Searcy, Mayor Date: ___________________________ APPROVED AS TO LEGAL SUFFICIENCY By: _________________________________ Leonard G. Rubin, Village Attorney Date: ___________________________ VILLAGE OF NORTH PALM BEACH BUILDING AND ZONING DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Valentino Perez, Building Official DATE: September 25, 2025 SUBJECT: RESOLUTION – Approving a Fourth Amendment to the Contract with C.A.P. Government, Inc., for Building Department Services increasing the total compensation for Fiscal Year 2025 to $180,000. In February 2025, Village Council adopted Resolution No. 2025-07, approving the Third Amendment to the Contract with C.A.P. Government, Inc. for Building Department services, which increased the total compensation for Fiscal Year 2025 to $150,000. Since that time, the Building and Zoning Department has experienced a higher-than-anticipated demand for services and inspections, exceeding the scope of the current Purchase Order. To maintain operational efficiency and ensure compliance with statutory and contractual requirements, Staff requests authorization to amend the contract with C.A.P. Government, Inc. to increase the compensation for Fiscal Year 2025 by $30,000, for a total of $180,000. The attached Resolution and Fourth Amendment have been prepared/reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department Account Number Account Description Amount General Fund Building A6019-33190 Professional Services $180,000 Recommendation: Village Staff recommends Village Council consideration and approval of the attached Resolution approving a Fourth amendment to the Contract with C.A.P. Government, Inc. for Building Department Services to increase the total compensation for Fiscal Year 2025 to $180,000, with funds expended from Account No. A6019-33190 (Building – Professional Services), and authorizing the Village Manager to execute the Fourth Amendment in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2025-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FOURTH AMENDMENT TO THE CONTRACT FOR BUILDING DEPARTMENT SERVICES WITH C.A.P. GOVERNMENT, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2025 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FOURTH AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2024-52, the Village Council authorized the Village Manager to execute a Contract for Building Department Services with C.A.P. Government, Inc. in an amount not to exceed $50,000 during any single fiscal year; and WHEREAS, through the adoption of Resolution No. 2024-72 on August 22, 2024, the Village Council approved an Amendment to the Contract to increase the total amount of compensation for Fiscal Year 2024 to $100,000; and WHEREAS, through the adoption of Resolution No. 2024-90 on September 26, 2024, the Village Council approved a Second Amendment to the Contract to again increase the total amount of compensation for Fiscal Year 2024 to $160,000; and WHEREAS, through the adoption of Resolution No. 2025-07 on February 27, 2025, the Village Council approved a Third Amendment to the Contract to increase the total amount of compensation for Fiscal Year 2025 to $150,000; and WHEREAS, due to continued staffing shortages within the Building Division, Village Staff requested to again increase the total amount of compensation for Fiscal Year 2025 from $150,000 to $180,000; and WHEREAS, the Village Council determines that the approval of the Fourth Amendment to the Contract for 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 a Fourth Amendment to the Contract for Building Department Services with C.A.P. Government, Inc. to increase the total amount of compensation for Fiscal Year 2025 from $150,000 to $180,000, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Fourth Amendment on behalf of the Village. The compensation paid to C.A.P. Government, Inc. shall be expended from Account No. A6019-33190 (Building – Professional Services). Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 2 of 2 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK FOURTH AMENDMENT TO CONTRACT FOR SERVICES THIS FOURTH AMENDMENT is made and entered on this _____ day of _____________, 2025, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and C.A.P. Government, Inc., a Florida corporation (“Contractor”). RECITALS WHEREAS, June 27, 2024, based on its Response to the Request for Proposals issues by the Village, the Village executed a five-year Contract with Contractor for Building Department Services (“Contract”); and WHEREAS, the Contract capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, on August 22, 2024, the parties executed an Amendment to the Contract to increase the total amount of compensation to $100,000 for Fiscal Year 2024; and WHEREAS, on September 26, 2024, the parties executed a Second Amendment to the Contract to increase the total amount of compensation to $160,000 for Fiscal Year 2024; and WHEREAS, on February 27, 2025, the parties executed a Third Amendment to the Contract to increase the total amount of compensation to $150,000 for Fiscal Year 2025; and WHEREAS, due to continued personnel issues within the Village’s Building Division and an increased demand for Contractor’s services, the Village and Contractor have agreed to again increase the total amount of compensation for Fiscal Year 2025. NOW, THEREFORE, in consideration of the premises and mutual covenants contained in the Contract, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Contractor agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 5(a) of the Contract is hereby amended to increase the total amount of compensation payable by the Village to Contractor for Fiscal Year 2025 to One Hundred and Eighty Thousand Dollars and No Cents ($180,000.00). 3. To the extent not expressly modified herein, all other provisions of the Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Fourth Amendment to the Contract for Services as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONTRACTOR: C.A.P. GOVERNMENT, INC. By: __________________________________ Print Name: Title: RESOLUTION 2024-52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING PROPOSALS FROM SELECTED FIRMS TO PROVIDE BUILDING DEPARTMENT SERVICES TO THE VILLAGE ON AN AS NEEDED BASIS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS WITH THE SELECTED FIRMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued a Request for Proposals ("RFP") for Building Department services, including, but not limited to plan review, permit inspections, building official duties, and assistance with permit processing; and WHEREAS, the Village received two proposals in response to the RFP, and the Selection Committee recommended executing non-exclusive Contracts with both firms; 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 NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby accepts the Proposals for Building Department services submitted by the following firms: C.A.P. Government, Inc. and GFA International, Inc. d/b/a Universal Engineering Services. The Village Council further authorizes the Village Manager to execute five (5) year non-exclusive Contracts with both firms in an amount not to exceed $50,000 during any single fiscal year, subject to review by the Village Attorney as to form and legal sufficiency. Section 3. This Resolution shall take effect immediately upon adoption. P 1;1•A 13 . TED THIS 27TH DAY OF JUNE, 2024. l FLORIDA ;p0 e Seal) MAYOR ATTEST: VILAGE CLERK Page 1 of 10 CONTRACT FOR SERVICES THIS CONTRACT is entered on 27th day of June, 2024, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and C.A.P. Government, Inc., a Florida corporation (“Contractor”). RECITALS WHEREAS, the Village issued a Request for Proposals for Building Department Services RFP”), and Contractor submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Contractor, and Contractor has agreed to provide Building Department Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Contract. 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 Contractor agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Contract as true and correct statements. SECTION 2: CONTRACTOR’S SERVICES AND COMPENSATION. Contractor shall provide Building Department Services to the Village on an as needed, non-exclusive basis as directed by the Building Official and as described in the RFP for Building Department Services. Both the RFP and Contractor’s Proposal are hereby incorporated herein by reference. The Village shall compensate Contractor for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Contract, it being understood that Contractor will act hereunder as an independent contractor and none of Contractor’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Contractor pursuant to this Contract shall have any claim under this Contract or otherwise against the Village for compensation of any kind under this Contract. The relationship between the Village and Contractor 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 Contract shall commence upon the approval of this Contract by the Village and shall continue for a five (5) 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 Contractor and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Contract. Upon direction from the Building Official, Contractor shall at all times carry out its duties and responsibilities as expeditiously as possible. Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 2 of 10 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 Contractor 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, the Contractor or Village shall resume its performance as soon as is reasonably possible. Upon the Contractor’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Contractor’s failure to perform was without its or its subcontractors’ 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 by the Contractor, the Contractor shall: 1. Stop services on the date and to the extent specified including without limitation services of any subcontractors; 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 Contractor of such occurrence and either the Village or Contractor 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 Contractor for all services performed under this Contract through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Contractor in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Contractor during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 3 of 10 Village shall not reimburse the Contractor for any additional costs incurred as a direct or indirect result of Contractor providing services to the Village under this Contract which exceed the amount set forth above, unless prior written approval has been obtained by the Contractor. b. Invoices. Contractor 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 Contractor’s invoice. SECTION 6: INDEMNIFICATION. a. The Contractor, 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 Contractor and other persons employed or utilized by the Contractor 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 the Contractor, 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. The Contractor 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 of the services required hereunder shall be performed by the Contractor 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: SUBCONTRACTORS. The Village reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and approve all qualifications of any sub contractor in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. All subcontractors providing professional services to the Contractor under this Contract will also be required to provide their own insurance coverage identical to those contained in this Contract. In the event that a subcontractor does not have insurance or does not meet the insurance limits as stated in this Contract, Contractor shall indemnify and hold harmless the Village for any claim in excess of the subcontractor’s insurance coverage, arising out of the negligent acts, errors, or omissions of the subcontractor. Contractor shall not charge an administrative fee or surcharge on any subcontractor’s services; all subcontractor costs shall be a direct pass-through cost to the Village. Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 4 of 10 SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Contractor is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Contractor 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 Contractor. 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 Contractor, 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 Contractor 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 Contractor of its liability and obligations under this Contract. c. Contractor 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 Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. 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 Contractor enter into such an agreement on a pre-loss basis. SECTION 12: 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, Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 5 of 10 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 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. The Contractor 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 Contractor’s place of business. In no circumstances will Contractor be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 16: 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. SECTION 17: 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 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, the Contractor certifies that it and any authorized subcontractors are not participating in a boycott of Israel. The Contractor further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Contractor agree that the Village shall have the right to immediately terminate this Contract if the Contractor, its authorized subcontractors 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. Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 6 of 10 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 Contractor, shall be sent to: C.A.P. Government, Inc. Attn: Carlos A. Penin, President 343 Almeria Avenue Coral Gables, FL 33134 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 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 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-EXCLUSIVE. 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 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 provide notice to the Contractor 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 Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 7 of 10 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 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 CONTRACTOR acknowledges that this Contract may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR 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 Proposals, and the Contractor’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 Contract and Exhibit, the Request for Proposals, and the Contractor’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 Contractor pursuant to this Contract shall become the property of the Village upon delivery. The Contractor 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 Contract, on behalf of the Contractor, 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 the Contractor 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. The Contractor 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. Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 8 of 10 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 the Contractor 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 Contractor or keep and maintain public records required by the Village to perform the service. If the Contractor transfers all public records to the Village upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'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. Contractor warrants and represents that Contractor and all sub- Contractors are in compliance with Section 448.095, Florida Statutes, as may be amended. The 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 sub-Contractor stating that the sub-Contractor does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the 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 belief that a sub-Contractor has knowingly violated Section 448.09(1), Florida Statutes, but the Contractor has otherwise complied, it shall notify the Contractor, and the Contractor shall immediately terminate its agreement with the sub-Contractor. Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract for Services as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONTRACTOR: C.A.P. GOVERNMENT, INC. By: __________________________________ Print Name: Title: Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03 Carlos A. Penin President Docusign Envelope ID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 10 of 10 EXHIBIT “A” HOURLY RATES Building Official $97.50 Building Inspector $82.50 Plan Reviewer $90.00 Permit Technician $45.00 Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03DocusignEnvelopeID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F 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 C.A.P. Government, Inc. 3. C.A.P. Government, 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: Docusign Envelope ID: BE8806FF-6C1A-4AAE-97E6-F35FA5DE8C03 Carlos A. Penin President Docusign Envelope ID: C3A842D9-9C77-4AE6-BBB4-BFC25162771F Page 1 of 10 CONTRACT FOR SERVICES THIS CONTRACT is entered on 27th day of June, 2024, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and GFA International, Inc., a Florida corporation, d/b/a Universal Engineering Services (“Contractor”). RECITALS WHEREAS, the Village issued a Request for Proposals for Building Department Services RFP”), and Contractor submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Contractor, and Contractor has agreed to provide Building Department Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Contract. 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 Contractor agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Contract as true and correct statements. SECTION 2: CONTRACTOR’S SERVICES AND COMPENSATION. Contractor shall provide Building Department Services to the Village on an as needed, non-exclusive basis as directed by the Building Official and as described in the RFP for Building Department Services. Both the RFP and Contractor’s Proposal are hereby incorporated herein by reference. The Village shall compensate Contractor for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Contract, it being understood that Contractor will act hereunder as an independent contractor and none of Contractor’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Contractor pursuant to this Contract shall have any claim under this Contract or otherwise against the Village for compensation of any kind under this Contract. The relationship between the Village and Contractor 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 Contract shall commence upon the approval of this Contract by the Village and shall continue for a five (5) 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 Contractor and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Contract. Upon direction from the Building Official, Contractor shall at all times carry out its duties and responsibilities as expeditiously as possible. Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 2 of 10 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 Contractor 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, the Contractor or Village shall resume its performance as soon as is reasonably possible. Upon the Contractor’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Contractor’s failure to perform was without its or its subcontractors’ 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 by the Contractor, the Contractor shall: 1. Stop services on the date and to the extent specified including without limitation services of any subcontractors; 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 Contractor of such occurrence and either the Village or Contractor 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 Contractor for all services performed under this Contract through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Contractor in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Contractor during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 3 of 10 Village shall not reimburse the Contractor for any additional costs incurred as a direct or indirect result of Contractor providing services to the Village under this Contract which exceed the amount set forth above, unless prior written approval has been obtained by the Contractor. b. Invoices. Contractor 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 Contractor’s invoice. SECTION 6: INDEMNIFICATION. a. The Contractor, 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 Contractor and other persons employed or utilized by the Contractor 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 the Contractor, 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. The Contractor 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 of the services required hereunder shall be performed by the Contractor 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: SUBCONTRACTORS. The Village reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and approve all qualifications of any sub contractor in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. All subcontractors providing professional services to the Contractor under this Contract will also be required to provide their own insurance coverage identical to those contained in this Contract. In the event that a subcontractor does not have insurance or does not meet the insurance limits as stated in this Contract, Contractor shall indemnify and hold harmless the Village for any claim in excess of the subcontractor’s insurance coverage, arising out of the negligent acts, errors, or omissions of the subcontractor. Contractor shall not charge an administrative fee or surcharge on any subcontractor’s services; all subcontractor costs shall be a direct pass-through cost to the Village. Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 4 of 10 SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Contractor is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Contractor 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 Contractor. 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 Contractor, 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 Contractor 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 Contractor of its liability and obligations under this Contract. c. Contractor 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 Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. 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 Contractor enter into such an agreement on a pre-loss basis. SECTION 12: 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, Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 5 of 10 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 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. The Contractor 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 Contractor’s place of business. In no circumstances will Contractor be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 16: 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. SECTION 17: 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 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, the Contractor certifies that it and any authorized subcontractors are not participating in a boycott of Israel. The Contractor further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Contractor agree that the Village shall have the right to immediately terminate this Contract if the Contractor, its authorized subcontractors 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. Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 6 of 10 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 Contractor, shall be sent to: GFA International, Inc. d/b/a Universal Engineering Services Attn: Tom Mantano, Branch Manager 3921 Westgate Avenue West Palm Beach, FL 33409 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 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 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-EXCLUSIVE. 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 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 provide notice to the Contractor 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 Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 7 of 10 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 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 CONTRACTOR acknowledges that this Contract may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR 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 Proposals, and the Contractor’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 Contract and Exhibit, the Request for Proposals, and the Contractor’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 Contractor pursuant to this Contract shall become the property of the Village upon delivery. The Contractor 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 Contract, on behalf of the Contractor, 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 the Contractor 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. The Contractor 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. Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 8 of 10 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 the Contractor 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 Contractor or keep and maintain public records required by the Village to perform the service. If the Contractor transfers all public records to the Village upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'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. Contractor warrants and represents that Contractor and all sub- Contractors are in compliance with Section 448.095, Florida Statutes, as may be amended. The 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 sub-Contractor stating that the sub-Contractor does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the 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 belief that a sub-Contractor has knowingly violated Section 448.09(1), Florida Statutes, but the Contractor has otherwise complied, it shall notify the Contractor, and the Contractor shall immediately terminate its agreement with the sub-Contractor. Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract for Services as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONTRACTOR: GFA INTERNATIONAL, INC. D/B/A UNIVERSAL ENGINEERING SERVICES By: __________________________________ Print Name: Title: Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364 Tom Mantano Branch Manager Docusign Envelope ID: EA083969-62D1-4792-B15C-205215B0D9C1 Page 10 of 10 EXHIBIT “A” HOURLY RATES Building Official $120.00 Building Inspector $100.00 Plan Reviewer $100.00 Permit Technician $ 65.00 Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364DocusignEnvelopeID: EA083969-62D1-4792-B15C-205215B0D9C1 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 GFA International, Inc. d/b/a Universal Engineering Services. 3. GFA International, Inc. d/b/a Universal Engineering Services 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: Docusign Envelope ID: 5D0C1B51-1AD3-47FD-A25F-F22E3A8DD364 Tom Mantano Branch Manager Docusign Envelope ID: EA083969-62D1-4792-B15C-205215B0D9C1 RESOLUTION 2025-07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE CONTRACT FOR BUILDING DEPARTMENT SERVICES WITH C.A.P. GOVERNMENT, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2025 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE THIRD AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2024-52, the Village Council authorized the Village Manager to execute a Contract for Building Department Services with C.A.P. Government, Inc. in an amount not to exceed $50,000 during any single fiscal year; and WHEREAS, through the adoption of Resolution No. 2024-72 on August 22, 2024, the Village Council approved an Amendment to the Contract to increase the total amount of compensation for Fiscal Year 2024 to $100,000; and WHEREAS, through the adoption of Resolution No. 2024-90 on September 26, 2024, the Village Council approved a Second Amendment to the Contract to again increase the total amount of compensation for Fiscal Year 2024 to $160,000; and WHEREAS, due to continued staffing shortages within the Building Division, Village Staff requested to increase the total amount of compensation for Fiscal Year 2025 from $50,000 to $150,000; and WHEREAS, the Village Council determines that the approval of the Third Amendment to the Contract for 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 a Third Amendment to the Contract for Building Department Services with C.A.P. Government, Inc. to increase the total amount of compensation for Fiscal Year 2025 from $50,000 to $150,000, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Third Amendment on behalf of the Village. The compensation paid to C.A.P. Government, Inc. shall be expended from Account No. A6019- 33190 (Building — Professional Services). 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 1 of 2 PASS PTED THIS 27"" DAY OF FEBRUARY, 2025. V m z-- RlDA MAYOR ATT VILLAGE CLERK Page 2 of 2 THIRD AMENDMENT TO CONTRACT FOR SERVICES THIS THIRD AMENDMENT is made and entered on this 27th day of February, 2025, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and C.A.P. Government, Inc., a Florida corporation (“Contractor”). RECITALS WHEREAS, June 27, 2024, based on its Response to the Request for Proposals issues by the Village, the Village executed a five-year Contract with Contractor for Building Department Services (“Contract”); and WHEREAS, the Contract capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, on August 22, 2024, the parties executed an Amendment to the Contract to increase the total amount of compensation to $100,000 for Fiscal Year 2024; and WHEREAS, on September 26, 2024, the parties executed a Second Amendment to the Contract to increase the total amount of compensation to $160,000 for Fiscal Year 2024; and WHEREAS, due to continued personnel issues within the Village’s Building Division and an increased demand for Contractor’s services, the Village and Contractor have agreed to increase the total amount of compensation for Fiscal Year 2025. NOW, THEREFORE, in consideration of the premises and mutual covenants contained in the Contract, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Contractor agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 5(a) of the Contract is hereby amended to increase the total amount of compensation payable by the Village to Contractor for Fiscal Year 2025 to One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00). 3. To the extent not expressly modified herein, all other provisions of the Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Third Amendment to the Contract for Services as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONTRACTOR: C.A.P. GOVERNMENT, INC. By: __________________________________ Print Name: Title: Docusign Envelope ID: 7C246E7D-1499-4A3E-AC76-54858762FB0B Carlos Penin President THE VILLAGE OF NORTH PALM BEACH BUSINESS ADVISORY BOARD REGULAR MEETING MINUTES TUESDAY, JULY 15, 2025 at 5:30 PM Present Ronald Lantz (Chair) Nina Balgar (Vice Chair) Mimi McAndrews Brenda Robinson Norma Mirsky David Talley Not Present Chip James Sebree Village Staff Ed Cunningham, Communications Manager Kristin Garrison, Council Member Robyn Lehoux, Business Advisory liaison 1) CALL TO ORDER 2) Deletions, Additions or Modifications to the Agenda: NONE 3) Public Comment for Non-Agenda Items: NONE 4) Approval of Minutes (a) June 17, 2025, Minutes approved. 5) New Business (a) Business of the season- Spring Season. Dark Tide Tattoo (i) Dark Tide were presented with award and photo op. 6) Old Business (a) Business Meet & Greet meeting review: Mrs. Nina Balgar and robyn Lehoux met with Parks and Recreation Director, Ashley Shipman, to secure the gym at the Community Center. Mrs. Shipman provided layouts from other events which are in the packet provided to board members. Next meeting, a flyer, list of businesses from BTR report and food vendors to be reviewed. Also, to approve a Web notice and/or E-newsletter to go out with details. Date of event voted: Saturday, February 21, 2026. All in Favor 6-0 (b) Business of the Season applications (i) In the event of having multiple applications, the applications can be forwarded / roll over on to next season. If the application not selected, the business would need to reapply. (ii) Review any current applications for OCT – DEC season. 7) Staff Updates / Member Comments: NONE 8) Adjournment: Meeting adjourned at 6:10 PM. Minutes processed by Robyn Lehoux. All members of the public are invited to appear at the public hearing, which may be continued from time to time, and be heard with respect to this matter. If a person decides to appeal any decision made with respect to any matter considered at the subject meeting, he or she will need to ensure that a verbatim record of the proceedings is made, which shall include 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 Planning Commission. Due to the nature of governmental duties and responsibilities, the Planning Commission reserves the right to make additions to, or deletions from, the items contained in this agenda. 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office “THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, Aug 11, 2025 6:00pm 1. Call to Order: Karen Marcus called the meeting to order at 6:02pm. 2. Roll Call: Present: Karen Marcus, Kendra Zellner, Mary Phillips, Ellen Allen, Elizabeth Rivera and Brian Bartels Absent: Juliette Desfeux Also Present: Julie Morrell Village Staff, Councilman Orlando Puyol 3. The Minutes of the July 7, 2025, regular meeting was approved. 4. Public Comments – a. Dana Sklar from Laurel Court, also works for seacoast, is interested in volunteering. 5. Community Garden Update- No update from members. 6. Tree Preservation at Parks- Trees will be relocated from Community Center to Anchorage. The committee wants Julie to inquire about rain sensors in the swale and the median on US1 since the code requires it rain sensors. Julie will inquire about the plant list that Ellen provided for the storage area. 7. Volunteer board request- The committee reviewed the volunteer form. Kendra recommended Kid’s Fishing Clinic and add Other as an option. She requested that we have the list added to an online excel file that all members can view. 8. Oyster Project- Kendra and Mary provided a recap of the Fishing event. Kendra recommended that we start a new street by street campaign. Orlando committed to handing out the leftover VOGs across 3-4 streets. Mary inquired with Ashley what dates (Oct 11th or 18th.) we could use the pavilion. Julie will follow up with Ashley about the date. Kendra calculated that we will need about 2,700 oyster shells to perform the next VOG building session. Mary will contact 2 Logan from the CCA so see if he’s available. 9. Lakeside Park erosion proposal- There is no update. This is currently with council. The committee agreed that a living shoreline is the best long-term option for Lakeside Park. Mang will come to the next meeting to speak about mangrove seeding. 10. Wind and Heat Vulnerability Assessment- Julie reached out to Public Works to request the deliverables. They said it will be March 2026 but likely will be completed earlier. 11. Tree preservation permit- This is on the agenda for Thursday’s council meeting starting at 7pm. The committee wants to have this permit promoted and a short video created. 12. Residential landscape code- No update. 13. Lead By Example- The committee will review this further and later meet with Chuck. 14. Environmental Letter to Businesses- Kendra provided this letter to Julie at the previous meeting. Julie is waiting for approval to use the letter. 15. Speaker Series: The Green Hour at the Clubhouse- Tom Twyford will be the next speaker on October 4th. 16. Previous newsletter was about the rebranding the speaker series and the next speaker, Tom Twyford in October. The next newsletter about Tree Preservation Permit and what the committee has done with trees in the village. 17. Member Comment- a. Karen advised that there are 3 streets in the village that has septic tanks. She wants to find out if the Village can come up with a program to help them go from septic to sewer. b. Mary advised she is going to the rec committee tomorrow to discuss Oyster Fest. 18. Staff Comment- a. 19. Next meeting- The next meeting will be on Sept 8th, 2025 at 6:00 pm at Anchorage Park. 20. Adjournment- the meeting adjourned at 7:30pm. Village of North Palm Beach Recreation Advisory Board Meeting AGENDA August 12, 2025 at 6:00 pm Village Hall Council Chambers 1) Call to Order: Chair Frogge 2) Roll Call: Jason Frogge, Chair, Absent Rita Budnyk, Vice Chair, Leading meeting Brigid Misselhorn, Secretary Stephen Heiman Jonathan Sorensen Village Council Representative Jennifer Gold Dumas Stephen Poh, Parks Manager Emily Bales Francesca Wernisch, Recreation Manager 3) Approval of Minutes: ● July 8, 2025 ● Board member Heiman made the motion 4) Public Comments: ● Mary Phillips from Environmental Board re: Oyster Festival i. March 7th is proposed date for the Oyster Festival ii. Vice Chair Budnyk asked about announcement to Village and reiterated that we don’t want the bulk of the work falling to rec employees iii. Board member Sorensen suggests establishing a sub -committee 1. 5 members, one from each board involved Waterway, Rec, Environmental, and two village members iv. Board member Heiman is concerned about the cost and citizen’s collecting money v. George has begun meeting with Ashley about costs and Len on legal aspects 1. Sub-committee can approach local sponsorships 2. Planning for an afternoon event 3. Bands, food, and oysters vi. Council member Puyol recommends a business plan/proposal to present to Council 1. Vice Chairman Budnyk suggests listing businesses that will be approached 2. To be written by sub-committee vii. Board member Dumas inquired if it has to be March and the date is pretty set viii. Action item- listing information about the event in the Newsletter and Social media 1. Using online volunteer form 5) Director’s Report: ● Project Updates i. Light poles installed and energized ii. Parks manager Poh said there will be a walk-through after Board member Heiman inquired about chips on poles, etc iii. Board member Sorensen inquired about the Environmental report lead time that needs to be completed for the updates and Parks manager Poh said it is relatively quick iv. Board member Heiman inquired about the time frame for the Bowl sod and irrigation ● Additional projects ● Special Events/Bus Trips i. Board member Bales asked about registration for Fall trips and Rec manager Wernisch confirmed not full but very popular ii. Board member Bales confirmed that Family Fun Friday’s open gym 9 - 12pm was wonderful iii. Board member Gold Dumas inquired about the number of Flag Football registrations and they are currently at 40 ● Athletics/Programs 6) New Business: ● Discussion of the 2026 Florida Recreation Development Assistance Program (FRDAP) grant application in the amount of $125,000 $150,000 for improvements to Lakeside Park. It is a matching grant so $300,000 total i. Playground is 8-9 years old and has lots of wear and age with the proximity to water ii. Parks manager Poh has spoken to 5 companies: Advanced Recreational Concepts, Gametime, Kompan, Miracle, and Rep Services for proposals for a new park that are age-appropriate for 2-5 year olds and village members will be able to vote on top 3 via QR code 1. Vice Chair Budnyk suggested materials that will resist the weather and water 2. Board member Bales inquired about wood and incorporating swings 3. Board member Sorensen inquired how much $300,000 will build and Anchorage came to $500,000 a. Sorensen would prefer to use higher quality pieces so we don’t sacrifice quality for completed project 4. Board member Heiman suggested Tiger Cove Park for inspiration 7) Old Business: ● Anchorage Park Marina – wet/dry storage – fee increase – NPB staff update o Board member Heiman is wondering where the money increase will go o Council member Puyol said it would be discussed by Budget on Thursday August 14 and that it helps to offset the taxes o Parks Manager Poh confirmed parking is for cars for the day o Has been increased 3-7% a year before this increase ● Anchorage Park Marina – wet/dry storage – improper subleasing of spots, boats not in use, empty spots, frequency of audits o Vice Chair Budnyk and Board member Heiman are hearing from residents about the above items and complaints that the list is no longer published online o Rec manager Wernisch informed that the list is no longer up because PDF is not ADA compliant according to Communications o Concerns about the list not being there any longer because of the PDF format is being brought to the Communication department o Board members would like for audits on empty spots and code enforcement to ensure spots are not being sublet ▪ Board member Sorensen suggests fines or bans o Board member Heiman inquired again about empty spaces that are in violation of the contract and recommends they be removed if they are holding a spot ▪ Council member Puyol said that could upset residents and families have had these for generations o Rec manager Wernisch said all items and rules are being confirmed o Vice chair Budnyk is requesting audits and suggests spots go to the highest bidder ● Re-establishing a NPB Run/Walk Club – update o Mo is talking to La Bamba and Stormhouse and there is link to provide input o Approx start date is September ● Fencing around Anchorage Park – where needed o Park manager Poh suggest a QR code question to see how village members feel about a fencing o Board member Bales suggests a gate for safety and ADA and Board member Misselhorn agrees ● Oyster Festival (Invite members from Environmental and Waterways Board. Can move to beginning of meeting.) 8) Member Comments: ● Board member Bales recommends a Community Bulletin Board by the playground. Park Manger Poh confirmed there was one that was removed due to rust. Board member Heiman suggests side of the restroom buildings ● Board member Heiman was asked to inquire about the mini sports and Rec manager Wernisch said mini baseball will perhaps b egin again in September; was put on hold due to Summer Camp i. Thunder baseball is looking to start a T-Ball program, more information to come ● Council member Bales inquired about foliage in front of the boat storage fencing and Park Manager Poh said a landscape plan has been put together that is awaiting for October 9) Staff Comments: ● Park manager Poh has information about Sponsorship for the October 25 Links 5K run, presign ups are open now and always sells out 10) Board Comments/Recommendations to be presented to Council ● Vice Chair Budnyk (Council Regular Meetings: 6:00 pm; 2nd & 4th Thursday of month (except no 2nd Thursday meeting in Nov., Dec.) 11) Adjournment: Board member Heiman motion to adjourn and Board member Gold Dumas seconded 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: September 25, 2025 SUBJECT: ORDINANCE (2nd Reading) – Fiscal Year 2025-2026 Ad Valorem Tax Ordinance and Annual Budget Ordinance The attached Ad Valorem Tax Ordinance and Annual Budget Ordinance have been prepared for Council consideration in setting the Village’s Ad Valorem Tax Millage Rate and adopting t he Annual Budget for Fiscal Year 2025–2026. The Council’s adjustments to the budget and millage rate have been incorporated into the Budget Summary and the Notice of Proposed Tax Increase advertisements, which were published on the County’s legal website in accordance with TRIM requirements, prior to the Village’s final adoption of the Ad Valorem Tax Millage Rate and Annual Budget. The attached Ordinances establish the Fiscal Year 2025–2026 Annual Budget and set the annual millage rate at $7.4000 mils, representing a 5.34% increase above the rolled-back rate of $7.0247 mils. Appropriations authorized under the Budget Ordinance include:  $900,000 transferred to the Capital Projects Fund to finance the General Fund Capital Improvement Plan;  $725,000 transferred to the Special Projects Fund to finance safety-related capital projects;  $450,000 transferred to the Country Club Fund, including:  $350,000 to finance Pool & Tennis operations; and  $100,000 for the Village’s contribution to the community share of the Country Club Clubhouse. At its September 11th Regular Session, Council approved Millage Ordinance # 2025-14 and Budget Ordinance # 2025-15 on 1st Reading without modification. The Village Attorney has reviewed the attached Ordinances for legal sufficiency. Recommendation: Administration recommends that Council take the following actions: 1. Attorney reads the title of the Ordinance establishing the Ad Valorem Tax Millage Rate for FY 2025–2026. 2. Attorney reads the title of the Ordinance adopting the Annual Budget for FY 2025– 2026. 3. Motion to adopt the Ordinance establishing the Ad Valorem Tax Millage Rate. 4. Motion to adopt the Ordinance adopting the FY 2025–2026 Budget. 5. Staff presentation on both Ordinances. 6. Mayor opens the public hearing on both Ordinances. 7. Public comment. 8. Mayor closes the public hearing. 9. Council discussion. 10. Mayor announces the rolled-back rate, the percentage increase above the rolled- back rate, and the adopted millage rate. 11. Council vote on second reading of the Ordinance establishing the Ad Valorem Tax Millage Rate. 12. Council vote on second reading of the Ordinance adopting the FY 2025–2026 Budget. ORDINANCE NO. 2025-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE 4 FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR 5 COMMENCING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026; 6 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS, the Village Council and Village Administration of the Village of North Palm Beach, 10 having reviewed the budget for the fiscal year commencing October 1, 2025, and ending 11 September 30, 2026 (“Fiscal Year 2026”), have established a millage rate to finance said budget 12 and to meet the needs and requirements of the Village and its residents. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 15 OF NORTH PALM BEACH, FLORIDA as follows: 16 17 Section 1. The Village Council hereby establishes and adopts an ad valorem tax operating 18 millage rate of 7.4000 mils for Fiscal Year 2026 and an ad valorem debt service millage rate of 19 0.000 mils for a total ad valorem tax millage rate of 7.4000 mils or $7.40 per one thousand dollars 20 of taxable assessed property value. This millage rate is 5.34% above the rolled back rate of 7.0247 21 mils. 22 23 Section 2. All ordinances or parts of ordinances and resolutions or parts of resolutions in 24 conflict herewith are hereby repealed to the extent of such conflict. 25 26 Section 3. This Ordinance shall be effective immediately upon adoption and implemented as 27 of October 1, 2025. 28 29 PLACED ON FIRST READING THIS 11th DAY OF SEPTEMBER, 2025. 30 31 PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF 32 SEPTEMBER, 2025. 33 34 35 36 (Village Seal) MAYOR 37 38 39 ATTEST: 40 41 42 VILLAGE CLERK 43 44 APPROVED AS TO FORM AND 45 LEGAL SUFFICIENCY: 46 47 48 VILLAGE ATTORNEY 49 Page 1 of 3 ORDINANCE NO. 2025-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF 4 THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR 5 COMMENCING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026 6 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND 7 EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS 8 AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN 9 AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY 10 APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER 11 FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL 12 FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS 13 OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; 14 PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND 15 THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE 16 PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR 17 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, on September 11, 2025 and September 25, 2025, the Village Council conducted duly 20 advertised public hearings to review the proposed Annual Budget for the fiscal year commencing 21 October 1, 2025 and ending September 30, 2026 (“Fiscal Year 2026”) and has adopted a final 22 Annual Budget to meet the needs and requirements of the Village and its residents for the 23 upcoming fiscal year. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 26 OF NORTH PALM BEACH, FLORIDA as follows: 27 28 Section 1. The proposed Annual Budget for Fiscal Year 2026 attached hereto as Exhibit “A” 29 and incorporated herein by this reference is hereby adopted and established as the Village of North 30 Palm Beach’s Annual Budget for Fiscal Year 2026. 31 32 Section 2. The amounts allocated in the Annual Budget for expenditure effective October 1, 33 2025 are authorized in accordance with the purposes as set forth in the Annual Budget. 34 35 Section 3. The Annual Budget includes an appropriation in the amount of $900,000 to be 36 transferred to the Capital Projects Fund to finance the General Fund’s Capital Improvement Plan; 37 an appropriation in the amount of $725,000 to be transferred to the Special Projects Fund to finance 38 certain safety-related capital projects and an appropriation of $450,000 to be transferred to the 39 Country Club Fund to both finance pool and tennis operations ($350,000) and contribute toward 40 the community share of the Country Club Clubhouse ($100,000). 41 42 Section 4. Except as otherwise provided herein, the Annual Budget establishes limitations on 43 expenditures by fund, and the total appropriation of each fund may not be increased or decreased 44 without specific authorization by a duly enacted Ordinance effecting such amendment or transfer. 45 46 Page 2 of 3 Section 5. The Comprehensive Pay Plan, as set forth in the Annual Budget, is hereby 1 approved. If an authorized position is vacant and monies are available within a department’s salary 2 appropriation to fund a temporary appointment to the vacant position, the Village Manager may 3 appoint a temporary employee to fill said vacant position for a period not to exceed 90 days. Said 4 temporary appointment may be renewable for an additional 90-day period and may only be made 5 for the period pending the filling of the authorized position by a permanent employee. The pay 6 for a temporary employee shall be within the pay scale of an approved Village Pay Plan position. 7 The Village Council may revise the Comprehensive Pay Plan by Resolution during the Fiscal Year 8 without need to amend this Ordinance. Furthermore, policy revisions adopted as part of the 9 Comprehensive Pay Plan may be incorporated into the Personnel Rules and Regulations without 10 further action on the part of the Village Council. 11 12 Section 6. The Master Fee Schedule for Fiscal Year 2026, as set forth in the Annual Budget, 13 is hereby approved and adopted. The Village Council may revise the Master Fee Schedule by 14 Resolution during the Fiscal Year without need to amend this Ordinance. 15 16 Section 7. When the Village receives monies from any private or governmental source by gift, 17 grant, contribution, or revenue share, to which there is attached as a condition of acceptance any 18 limitation regarding the use or expenditure of the monies received, the funds so received need not 19 be shown in the Annual Budget nor shall the Budget be subject to amendment or expenditure as a 20 result of the receipt of said monies. Said monies shall only be disbursed and applied toward the 21 purposes for which said funds were received. All monies received as contemplated by this section 22 shall be segregated and accounted for based on Generally Accepted Accounting Principles 23 (GAAP) and where appropriate, placed into separate and individual Governmental Fund accounts 24 from which monies are disbursed and applied in accordance with the terms and conditions of the 25 gift, grant, or contribution. 26 27 Section 8. The omnibus appropriation and expenditure authorization set forth herein may be 28 temporarily or permanently suspended by Resolution of the Village Council if at any time it 29 appears that the projected revenue supporting the above-described budget is below anticipated 30 levels or may be temporarily or permanently suspended by Resolution of the Village Council for 31 any other reason or purpose deemed proper by the Village Council. 32 33 Section 9. Except as otherwise provided herein, in the event a variation from the total budget 34 appropriation is or becomes necessary, such variation shall only become legally effective upon the 35 adoption of an amending Ordinance consistent with Florida Statutes, the Village Charter and the 36 Village Code of Ordinances. 37 38 Section 10. All outstanding encumbrances for Non-Capital and Capital Expenditures on 39 September 30, 2025 shall lapse at that time, and all unexpended Capital Expenditure encumbrances 40 and appropriations and other encumbrances specifically designated to be carried over to the 41 subsequent year may be added to the corresponding approved Fiscal Year 2026 available budget 42 balances and be simultaneously re-appropriated for expenditure, as previously approved in Fiscal 43 Year 2025. 44 45 Page 3 of 3 Section 11. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 1 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 2 such holding shall not affect the remainder of this Ordinance. 3 4 Section 12. All ordinances or parts of ordinances and resolutions or parts of resolutions in 5 conflict herewith are hereby repealed to the extent of such conflict. 6 7 Section 13. This Ordinance shall be effective immediately upon adoption and shall be 8 implemented October 1, 2025. 9 10 PLACED ON FIRST READING THIS 11th DAY OF SEPTEMBER, 2025. 11 12 PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF 13 SEPTEMBER, 2025. 14 15 16 17 (Village Seal) MAYOR 18 19 20 ATTEST: 21 22 23 VILLAGE CLERK 24 25 APPROVED AS TO FORM AND 26 LEGAL SUFFICIENCY: 27 28 29 VILLAGE ATTORNEY 30 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: September 25, 2025 SUBJECT: RESOLUTION – Approving a Contract for the purchase of two parcels of real property located at 9525 Old Dixie Highway and approving a budget amendment to fund the purchase On February 13, 2025, the Village Council approved the purchase of two parcels of property totaling 1.72 acres located at the northern terminus of Old Dixie Highway south of the C-17 canal and west of the FEC railroad tracks (“Old Dixie Properties”). The Village purchased these properties as a potential location for a new Public Works Department facility. Gill Davidson, the owner of two parcels immediately adjacent to and south of the Old Dixie Properties (“Davidson Propert ies”), approached the Village regarding the potential purchase of these two additional parcels. The Davidson Properties are located within the Village on the west side of Old Dixie Highway (see attached Location Map). The property address of the western parcel (PCN: 68-43-42-18-00-000-1040) is 9525 Old Dixie Highway, and the parcel is currently improved with a single-family dwelling. The western parcel is 0.5165 acres in size. The smaller parcel to the east (PCN: 68-43-42-17-00-000-3130) is 0.1110 acres in size and is vacant. The Davidson Properties have a Village Future Land Use Designation of Light Industrial/Business. Pursuant to Section 166.045, Florida Statutes, the Village was required to obtain two appraisals for the purchase of the Davidson Properties. The two appraisals came back with valuations of $530,000 and $900,000. The Village negotiated a purchase price of $530,000, with a closing date of September 30, 2025. By state statute, the Contract is considered an “option contract” and is expressly contingent upon the Council’s approval. If Council does not approve the Contract, it will automatically terminate. Account Information: The Village customarily transfers funds from the General Fund Unassigned Fund Balance to the Capital Projects Fund to support this type of transaction. Because this transfer increases the total General Fund budget, a separate Budget Ordinance would be required. As the Village is currently in the year-end closing process, the transaction will be funded through CIP funds, with a General Fund Budget Amendment Ordinance to be processed at a later date. Budget Amendment: Account Description Use Source Capital Projects Fund: K6018-66100 Public Works Admin - Land $530,000 K5541-66000 Reserve Expenses - Capital $530,000 Total Capital Projects Fund $530,000 $530,000 Recommendation: Village Staff recommends Council adoption of the attached Resolution approving the Contract with Robert Gill Davidson a/k/a Gill Davidson, Trustee of Gill Davidson Revocable Trust dated September 28, 1995, as amended, for the purchase of two parcels of property located at 9525 Old Dixie Highway at a total cost of $530,000, with funds expended from Account No. K6018-66100 (Public Works Administration – Land), approving a budget amendment for the transfer of CIP funds, and authorizing the Village Manager to take all steps necessary to effectuate the purchase in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT FOR THE PURCHASE OF TWO PARCELS OF PROPERTY LOCATED AT 9525 OLD DIXIE HIGHWAY; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $530,000 FROM THE CAPITAL RESERVE ACCOUNT TO THE PUBLIC WORKS ADMINISTRATION – LAND CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Administration is requesting Village Council approval of a Contract for the purpose of two parcels of real property located at 9525 Old Dixie Highway and owned by Robert Gill Davidson a/k/a Gill Davidson, Trustee of Gill Davidson Revocable Trust dated September 28, 1995; and WHEREAS, the Village Council seeks to amend the current capital projects fund budget to transfer $530,000.00 from the Capital Reserve Account to the Public Works Administration – Land Capital Account to fund the purpose of the property; 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 Contract for the purchase Contract with Robert Gill Davidson a/k/a Gill Davidson, Trustee of Gill Davidson Revocable Trust dated September 28, 1995, as amended, a copy of which is attached hereto and incorporated herein, for the purchase of two parcels of property located at 9525 Old Dixie Highway at a total cost of $530,000, with funds expended from Account No. K6018-66100 (Public Works Administration – Land). The Village Council authorizes the Village Manager to take all steps necessary to effectuate the purchase. Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K6018-66100 Public Works Admin - Land $530,000 K5541-66000 Reserve Expenses - Capital $530,000 Total Capital Projects Fund $530,000 $530,000 Page 2 of 2 Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Davidson Properties 0 0.01 0.030.01 Miles ±Scale: 1:1,128 Date: 2/19/2025 Time: 10:40 AM