04-23-2020 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 23, 2020
501 U.S. HIGHWAY 1 7:30 PM
Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all
senior citizens and individuals with a significant underlying medical condition are ordered to
stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all
persons in Florida shall limit their personal interactions outside of their homes to only those
necessary to obtain or provide essential services or conduct essential activities. Similarly, the
Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching
social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in
accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the
Village of North Palm Beach shall utilize communications media technology to facilitate public
participation in this meeting electronically, via internet access or telephone.
INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY
To join meeting by computer (video & audio) click or type the following link in address bar:
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Meeting ID: 638 784 037
Password: 421595
To join meeting by phone (voice only):
888 475 4499 US Toll-free
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Meeting ID: 638 784 037
Public Comments: Public comments can be submitted by filling out the public comment form that
can be accessed by clicking the following link Public Comment Card. Public comments can also be
made by leaving a voice message at 561-904-2126. All public comments will be read into the record
at the Public Comment portion of the meeting.
Regular Session Agenda, April 23, 2020 Page 2 of 101
For full detailed instructions on how to the join the meeting by either telephone or by
computer please see the Village of North Palm Beach Village Council webpage or click on the
following links:
Instructions for attending Village Council Meeting by phone
Instructions for attending Village Council Meeting by computer
AGENDA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held 4/9/20
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.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
2. Receive for file Minutes of the Infrastructure Surtax Oversight Committee minutes held 1/14/20.
3. Receive for file Minutes of the General Employees Pension Board meeting held 2/11/20.
4. Receive for file Minutes of the Library Advisory Board meeting held 2/25/20.
5. Receive for file Minutes of the Recreation Advisory Board meeting held 3/10/20.
6. Receive for file Minutes of the Audit Committee meeting held 3/11/20.
Regular Session Agenda, April 23, 2020 Page 3 of 101
OTHER VILLAGE BUSINESS MATTERS
7. RESOLUTION – FIREWORKS DISPLAYS Approving a Contract with Starfire Corporation to
provide July 4th Fireworks Displays for 2020 through 2022 at a total annual cost of $25,000; and
authorizing execution of the Contract.
8. RESOLUTION – AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT Approving an
Amendment to the Golf Course Maintenance Services Contract with BrightView Golf Maintenance,
Inc. to include bunker repair and pond remediation work at a total cost not to exceed $300,000;
and authorizing execution of the Amendment.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
9. Audit Committee Annual Report
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 proceeding s 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 th is
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
APRIL 9, 2020
Present: Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Susan Bickel, Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
INTRODUCTION
Mr. Lukasik stated that in accordance with Governor Ron DeSantis’ Executive Order No. 20-91
and Executive Order No. 20-69, the meeting would be conducted electronically, via internet
access or telephone. Mr. Lukasik explained the Orders and stated there were ten people present
in the Council Chambers which consisted of councilmembers, staff, and the Village Auditor
Terry Morton. Mayor Aubrey was attending via internet connection. Mr. Lukasik explained the
different options that were available for the public to make comments.
ROLL CALL
Mayor Aubrey called the meeting to order at 7:36 p.m. All members of Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and President Pro Tem Norris led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held March 12, 2020 were approved as written.
The Minutes of the Emergency Special Session held March 17, 2020 were approved as written.
RESOLUTION 2020-26 – ACCEPTING ELECTION RESULTS
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Bickel to adopt
Resolution 2020-26 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 17,
2020 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2020-26 passed unanimously.
Draft Minutes of Village Council Meeting held April 9, 2020 Page 2 of 7
ADMINISTRATION OF COUNCILMEMBER OATHS
Mayor Aubrey announced that due to the COVID-19 pandemic and the fact that he could not be
physically present for the meeting, he came into the Village Clerk’s office earlier that day and
was sworn in by Village Clerk Jessica Green. Said Oath is attached to the official Minutes of Record.
Village Clerk Jessica Green administered the Oath of Office to re-elected councilmembers Mark
Mullinix and Deborah Searcy. Said Oaths are attached to the official Minutes of Record.
COUNCIL REORGANIZATION
Mayor Aubrey expressed his gratitude and appreciation to Council and staff for their support during
his tenure as Mayor over the past year.
Mayor Aubrey opened the floor to nominations for the office of Mayor. Deborah Searcy nominated
Susan Bickel for Mayor. With no other nominations for Mayor, Susan Bickel was declared Mayor.
David Norris nominated Mark Mullinix for Vice Mayor. With no other nominations for Vice Mayor,
Mark Mullinix was declared Vice Mayor.
Susan Bickel nominated David Norris for President Pro Tem. With no other nominations for
President Pro Tem, David Norris was declared President Pro Tem.
Thereafter, the names of Susan Bickel, Mark Mullinix, and David Norris were entered into
Resolution 2020-27.
RESOLUTION 2020-27 – APPOINTING COUNCIL OFFICERS
A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to
adopt Resolution 2020-27 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO
TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2020-27 passed unanimously. Village Clerk Jessica
Green administered the Oath of Office to Mayor Bickel, Vice Mayor Mullinix, and President Pro
Tem Norris. Said Oaths are attached to the official Minutes of Record.
ORDINANCE 2020-01 – GENERAL FUND BUDGET AMENDMENT
A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to
adopt on first reading Ordinance 2020-01 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR
FISCAL YEAR 2020 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE
VEHICLES AS CAPITAL OUTLAY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained the ordinance would approve a General Fund Budget amendment. Funds
for vehicle lease programs are normally allotted as an operating expense, since capital is being
acquired through the lease program, the assets should be reflected as debts.
Thereafter, the motion to adopt Ordinance 2020-01 on first reading passed unanimously.
Draft Minutes of Village Council Meeting held April 9, 2020 Page 3 of 7
CONSENT AGENDA
Items 9, 10 and 11 were removed from the Consent Agenda and placed on the Regular Agenda.
Thereafter, the Consent Agenda, as amended, was approved with all present voting aye. The
following item was approved:
Receive for file Minutes of the Golf Advisory Board meeting held 2/10/20.
RESOLUTION 2020-28 – AMENDING RESOLUTION 2020-14 TO MODIFY AMBULANCE
LEASE PAYMENT SCHEDULE
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt
Resolution 2020-28 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING RESOLUTION NO. 2020-14 TO MODIFY THE
PAYMENT SCHEDULE FOR THE LEASING AGREEMENT WITH REV FINANCIAL
SERVICES, LLC FOR THE AEV TYPE I RESCUE VEHICLE (AMBULANCE) AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDED EXHIBIT TO
THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Mullinix expressed concern over the Village paying the accrued interest for the
vehicle since it was a result of the manufacturer’s delay on the delivery of the vehicle.
Mr. Lukasik explained that there was an oversight in coordinating the timing of the vehicle lease
payment with the delivery of the vehicle. Staff renegotiated the schedule of the lease payments
and the interest rate with the finance company. The interest rate was dropped from 3.55% to
3.29% and the payments were changed from monthly payments to bi-annual payments. Despite
the changes the lease schedule still resulted in an accrual of interest that needed to be paid. Thereafter, the motion to adopt Resolution 2020-28 passed unanimously.
RESOLUTION 2020-29 – REMOVAL OF VILLAGE MANAGER’S PAY GRADE FROM
COMPENSATION PLAN
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to
adopt Resolution 2020-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS
PART OF THE FISCAL YEAR 2020 BUDGET TO REMOVE THE VILLAGE MANAGER’S
PAY GRADE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the Village Manager’s current year salary increase resulted in the
salary being above the pay grade that was approved in the budget. Mr. Rubin stated that it was
staff’s recommendation to remove the Village Manager’s pay grade from the budget since the
Village Manager’s salary is set by Council. The salary range would not change and Mr.
Lukasik’s salary would still be capped at the top of the salary range.
Mayor Bickel read into the record a public comment received from Stephen Harber, 731
Lakeside Drive. In his comment, Mr. Harber expressed his concerns over approval of Mr.
Lukasik’s retroactive and current salary increase and concerns over the financial status and
stewardship of the Village due to the COVID-19 pandemic.
Draft Minutes of Village Council Meeting held April 9, 2020 Page 4 of 7
RESOLUTION 2020-29 – REMOVAL OF VILLAGE MANAGER’S PAY GRADE FROM
COMPENSATION PLAN continued
Councilmember Aubrey stated that Mr. Lukasik’s salary increases were routine yearly salary
increases that are received by all other Village employees based on merit. Mr. Lukasik had not
received any salary increases for the first two years since he had not yet completed all of his
employees’ evaluations and did not want to be considered for his own salary increase until his
employees’ evaluation and merit increases were completed. Mr. Lukasik was not being treated
any differently than all other Village employees.
President Pro Tem Norris agreed with Councilmember Aubrey’s statement. President Pro Tem
Norris expressed concern over the process that was utilized to approve the salary increases and
recommended that any future items of the same type and that are financial in nature be placed on
the agenda as an item to be approved and not discussed and approved under the Council matters
and reports section of the agenda.
Mayor Bickel stated that Mr. Harber mentioned in his comment that sanitation services had been
cut back. Mayor Bickel stated that she believed that sanitation was not cut back.
Mr. Lukasik stated that sanitation services had not been cut back.
Mayor Bickel stated that she had received comments from some residents that their garbage had
not been picked up and wanted to clarify and state for the record that sanitation services were not
cut back or interrupted.
Councilmember Aubrey stated that there has been an increase in residents cleaning out their
homes and trimming their vegetation which has possibly caused some delays in sanitation pick up. Thereafter, the motion to adopt Resolution 2020-29 passed unanimously.
RESOLUTION 2020-30 – THIRD AMENDMENT TO BUILDING DEPARTMENT
SERVICES AGREEMENT
A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to
adopt Resolution 2020-30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO AN AGREEMENT WITH
M.T. CAUSLEY, LLC FOR BUILDING OFFICIAL, PLAN REVIEW AND INSPECTION
SERVICES THROUGH THE END OF THE CURRENT FISCAL YEAR PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING AGREEMENT BETWEEN M.T. CAUSLEY
AND THE CITY OF FORT LAUDERDALE AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. President Pro Tem Norris asked for clarification and reasoning for the amount of the proposed
amendment to the agreement with M.T. Causley LLC.
Mr. Lukasik explained the challenges, personnel changes and vacant positions including that of a
Building Official and two Building Inspectors that have occurred in the Community
Development Department and had not yet been filled. The Village had contracted with and relied
on M.T. Causley LLC to provide the services needed for those vacant positions. Mr. Lukasik
stated that the amount agreed upon for these services was exceeded by $80,000 because of the
Draft Minutes of Village Council Meeting held April 9, 2020 Page 5 of 7
RESOLUTION 2020-30 – THIRD AMENDMENT TO BUILDING DEPARTMENT
SERVICES AGREEMENT continued
extended amount of time that had passed. Mr. Lukasik stated that the amendment was needed to
extend the time frame that M.T. Causley’s services was needed, but the entire amount of
$600,000 would most likely not be spent since the Village has hired a new Building Official that
would be starting within the next couple of weeks.
Discussion ensued between Mr. Lukasik and Council regarding the amount of the amendment to
the agreement with M.T. Causley LLC.
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to
amend Resolution 2020-30 approving the Third Amendment to the M.T. Causley LLC
Agreement changing the amount of total compensation not to exceed $500,000.
Thereafter, the motion to adopt Resolution 2020-30 as amended passed unanimously.
RESOLUTION 2020-31 – COUNTRY CLUB CLUBHOUSE CONSTRUCTION
ADMINISTRATION SERVICES
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to
adopt Resolution 2020-31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING PAYMENT TO PEACOCK + LEWIS ARCHITECTS AND
PLANNERS, LLC FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES
RELATING TO THE COUNTRY CLUB CLUBHOUSE; PROVIDING FOR C ONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that there were construction delays on the Clubhouse and as a result,
Peacock + Lewis Architects had to extend the amount of time on site for administration services.
The time was extended from August 1, 2019 to March 1, 2020 which resulted in the additional
amount of $81,650. Mr. Lukasik stated that there were additional administration services
invoices that Peacock + Lewis Architects were requesting payment for which were currently in
dispute and that staff was working on to resolve. Mr. Lukasik stated that staff recommended
moving forward with the payment of $81,650 for the extended time frame for administration services.
Thereafter, the motion to adopt Resolution 2020-31 passed unanimously.
RESOLUTION 2020-32 – FISCAL YEAR 2019 AUDIT REPORT
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt
Resolution 2020-32 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT
PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2019 AND AUTHORIZING ITS FILING WITH THE STATE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mr. Morton reviewed and discussed the Fiscal Year 2019 Audit Report. In the General Fund,
thetotal balance changed from 9 million to 11.5 million and the Unassigned Fund Balance
changed from 7.2 million to 8.2 million. The revenues increased by approximately 2.5 million
Draft Minutes of Village Council Meeting held April 9, 2020 Page 6 of 7
RESOLUTION 2020-32 – FISCAL YEAR 2019 AUDIT REPORT continued
primarily due to an increase in property taxes, receipt of grant funding and an approximate
$400,000 increase in investment earnings. Mr. Morton commended staff for getting a decrease in interest rates for vehicle leases.
Councilmember Searcy commended Finance Director Samia Janjua for her efforts in obtaining
the Village’s Certificate of Achievement for Excellence in Financial Reporting which has been
received by the Village for the past 31 years.
Thereafter, the motion to adopt Resolution 2020-32 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Councilmember Searcy asked when the Advisory Board appointments would be taking place.
Mrs. Green stated that it was discussed that the Advisory Board ap pointments would be
postponed to a meeting to be determined in May.
Mr. Rubin stated that there was no issue in extending the terms of the current Advisory Board
members since the code allows for them to remain members until their successor is appointed.
Councilmember Searcy asked if the Easter bunny would be riding around the Village in the new
fire truck.
Fire Chief Armstrong stated that the Easter bunny would not be riding around the Village in the
new fire truck but would be in an older fire truck.
Mayor Bickel and Councilmember Searcy announced that the Easter bunny would be riding
around the Village on Saturday, April 11th.
VILLAGE MANAGER MATTERS/REPORTS
Mayor Bickel asked if there was a plan for conducting future Council meetings.
Mr. Lukasik explained that the current meeting was a test run and would continue to conduct the
future meetings the same and would look into other options should the Council want to have the
meetings done entirely by remote electronic access.
Mayor Bickel recommended that any important or controversial issues that may come up should
be postponed to future meetings where the public could physically attend.
Mr. Lukasik agreed and stated that only standard business items would be brought forward to
meetings until the meetings can be conducted normally again.
Vice Mayor Mullinix asked if code violations were being postponed.
Mr. Lukasik stated that code violations were postponed and not being issued unless it was a life
safety issue. The boat and recreational vehicle violation cases have been suspended and the fines
are not accruing.
Draft Minutes of Village Council Meeting held April 9, 2020 Page 7 of 7
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:27 p.m.
MINUTES OF THE INFRASTRUCTURE SURTAX OVERSIGHT COMMITTEE
JANUARY 14, 2020
PRESENT:
Karen Marcus, Chair
Patty Sullivan, Committee Member
Mary Phillips, Committee Member
Beverly Robinson, Committee Member
Steven J. Hallock, Director of Public Works
Mark Mullinix, Vice Mayor
CALL TO ORDER:
Karen Marcus called the meeting to order at 6:02 pm.
ROLL CALL:
All committee members were present with the exception of Cathy Graham who was not able
to attend.
APPROVAL OF MINUTES:
Beverly Robinson made a Motion to approve the Minutes of the meeting held on September
11, 2019 and Mary Phillips seconded the Motion, which passed unanimously.
DISCUSSION TOPIC:
Steve Hallock has been notified by Village residents of the following four (4) stormwater
collection system failure locations:
1. 1033 Country Club Drive
2. 101 Dory Road South
3. 131 Doolen Court
4. 131 Ebbtide Drive
Steve provided the Committee with the details and severity of each failure. He will be
recommending to the Village Council that they approve the proposals from D.S. Eakins
Construction in the amount of $87,543 to make these necessary repairs at all of these sites at
their January 23, 2020 meeting.
Since these are unbudgeted projects, Steve requested that this Committee consider
reallocating the $ 80,000 remaining balance of FY2020 Infrastructure Surtax capital outlay to
cover the cost of these stormwater collection system repairs. A motion was passed at the
September 11, 2019 Committee meeting allocating $75,000 be added to the asphalt resurfacing
project fund. Village Council accepted this recommendation at their September 12, 2019
meeting with the stipulation all remaining FY2020 Infrastructure Surtax balance be applied to
asphalt resurfacing. This turned out to be $80,000 based on the Finance Department end of
year summary.
The Committee discussed Steve’s report and agreed with this suggestion to reallocate funding.
ACTION ITEMS:
A Motion was made by Beverly Robinson and seconded by Mary Phillips that the $ 80,000
previously allocated to the asphalt resurfacing project fund now be used to cover most of the
cost of the stormwater collection system failure repairs. The Motion was voted on and passed
unanimously. Steve forwarded the information concerning the stormwater collection system
failures to Cathy Graham prior to the meeting. After review and discussion with Steve, Cathy
Graham concurred that the $ 80,000 be reallocated to cover the repairs.
RECOMMENDATION:
It was the recommendation of the Committee that $ 80,000 be reallocated to fund the repairs
of the four (4) sites of stormwater collection system failures.
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:22 pm.
Minutes submitted by Patty Sullivan, filling in for Secretary Cathy Graham
January 17, 2020
1
VILLAGE HALL CONFERENCE ROOM
501 US HIGHWAY 1, NORTH PALM BEACH, FL 33408
SUMMARY OF MINUTES
February 11, 2020; 830 AM
ROLL CALL: James K Peterson, Chairman, Myrna Williams, Secretary, Jane Lerner, Alan Kral, and
Paul Wieseneck
ABSENT:
OTHERS PRESENT: Blake Myton, SunTrust Investment Manager, Jeff Amrose and Dina Lerner of
GRS, Attorney Bonni Jensen, Retiree Christopher Campbell via teleconference and Pete Prior and Livia
Giuliani of Benefits USA.
APRROVAL OF MINUTES
November 7, 2019
The Chairman asked if there were any changes, additions, or deletions to the minutes. Hearing and seeing
no changes the Chairman would entertain a motion. Trustee Wieseneck moved to approve the November
7, 2019 minutes. Trustee Lerner seconded the motion and the motion passed.
PUBLIC COMMENTS:
There were no public comments at this meeting.
NEW BUSINESS:
Christopher Campbell over payment
The Chairman opened the meeting to take the agenda out of order to accommodate the attorney who has
another meeting to attend. regarding the overpayment to Mr. Campbell who is attending by phone. Attorney
Jensen addressed the board noting that at the time Mr. Campbell was eligible to retire the Village sent a
calculation to the Administrator with the amount of $2,410.87. The Administrator paid the benefit based
on what was received by the Village. When the actuarial valuation was being prepared, it was discovered
that Mr. Campbell was only due $652. As a result, Mr. Campbell resulted in an overpayment of $1,758.87
for 6 months. The Attorney asked Mr. Campbell where he got that calculation and he said he received it
from Human Resources when he left employment in 2008. Attorney Jensen advised Mr. Campbell that the
benefit will have to be reduced going forward. Trustee Wieseneck moved to reduce Mr. Campbell’s benefit
effective with the February payment. Trustee Kral seconded the motion and the motion passed. Attorney
Jensen said she would review the errors and omissions and Benefits USA will write the letter to Mr.
Campbell. It was not determined if Mr. Campbell would be required to pay the money back to the fund.
Ms. Lerner reported that they found the original calculation that was done and it was for another member
who retired in 2008 as well. It was noted that he and Mr. Campbell worked together. That being said, the
Board said they would need to further investigate this issue.
VILLAGE OF NORTH PALM BEACH
GENERAL EMPLOYEES
RETIREMENT SYSTEM
c/o Benefits USA, Inc. 3810 Inverrary Blvd, Suite 303 Lauderhill, FL 33319
954) 730-2068, Ext. 203 - ( 800) 452-2454, Ext. 203 - Fax — (954) 730-0738
2
Death Benefit forms
The Chairman reported that it was his understanding the there was a standard death benefit provision of
50% and he asked why the new forms were created. Attorney Jensen reported that Section 2-148 of the
Ordinance states that once an employee is vested and eligible to retire, they shall have the right to file a written
election to be considered retired on the day before death if such employee should die prior to retirement. If an
employee who is vested and eligible to retire dies prior to retirement without making the foregoing election, the
election can be made by the employee's beneficiary previously designated in the Village records. Ms. Jensen
noted that because Ms. Teal passed away prior to retiring and had not previously made an election, that felt that
forms needed to be created for all future members. The Chairman stated that he would like to have it
consistent for all employees. Ms. Jensen suggested making the change to the Ordinance with town council,
however, it was noted that the proposed change would have to be negotiated. Trustee Kral commented that
it should be left alone as it happens so infrequently. It was the consensus of the board to do nothing at this
time.
Klausner Kaufman Jensen & Levinson Fee increase
The Chairman addressed the Attorney’s fee increase noting that it would be increased to $300 per hour.
Ms. Jensen noted that most new clients are now moving to $350 per hour. Trustee Wieseneck moved to
approve the fee increase as presented. Trustee Kral seconded the motion and the motion passed.
Presentation of 10/1/2019 Actuarial Valuation:
Mr. Jeff Amrose and Ms. Dina Lerner were in attendance and provided the board with a copy of the October
1, 2019 valuation. Mr. Amrose addressed the Board noting that the plan is 94.8% funded which is very
good. The plan is on a 5-year asset smoothing method and based on that method, in 2020 the plan will add
112,000 to the smoothing. Ms. Lerner reviewed the valuation with the board noting that the required
contributions for fiscal year 2019 was $355,507 and 231,604 for fiscal year 2020. The required contribution
has been adjusted for interest on the basis that employer contributions are made in equal payments on a bi-
weekly basis. The actual employer contribution during the year ending September 30, 2019 was $358,152.
There was a net actuarial gain of $210,136 for the year which means that actual experience was more
favorable than expected. The gain was primarily due to lower than expected salary increases for active
members (2.8% vs. 4.4% assumed), and higher than expected mortality experience during the year. The
gains were partially offset by losses resulting from a recognized investment return on assets below the
assumed rate of 6.75%. The investment return was 4.4% based on market value of assets and 6.4% based
on actuarial value of assets. The net gain translates to a decrease in the employer contribution by
approximately $36,000 or 2.17% of covered payroll. There were no changes in the benefit provisions or no
changes in the assumptions or methods since the last valuation. The funded ratio this year is 94.8%
compared to 92.6% last year. If they were not using the asset smoothing method, the contribution rate would
have been 10.41% and the funded ratio would have been 95.5%. Ms. Lerner reported on the participant
data noting that as of 10/1/19, there were 37 retirees and beneficiaries and 27 active members in the plan.
Finally, Ms. Lerner reported that the remainder of this report includes the valuation results, financial &
miscellaneous information & statistics and a summary of plan provisions.
Mr. Amrose noted that the fund is currently using the RP2000 mortality table and that in 2021 the fund will
need to begin using the required tables that are being used by FRS. He also mentioned that the last
experience study was in 2015 and suggests preparing another study sometime during fiscal year 2021.
Trustee Kral asked when the study should be done. Mr. Amrose noted it would be during the summer with
delivery in November. That being said, Trustee Wieseneck moved to approve the 2019 valuation as
presented and Trustee Kral seconded the motion and the motion passed.
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INVESTMENT REPORT QUARTER ENDING 12/31/2019
Mr. Myton addressed the board on the economy noting that global stocks closed out strong for the end of
2019. US Stocks finished out the year with solid gains and larger yield bonds rose while the bond yield
under 2 years fell. Municipal bonds had solid returns for December and the best annual returns since
2011. For the first time ever, the US is a net exporter of crude oil meaning that US exports more than it
imports. Mr. Myton reported on the fund performance noting that the return for the quarter was 5.76% vs.
the policy benchmark of 5.45%.
The total equity return was 8.76% vs. the Russell 3000 index of 9.06%. The fixed income return was -
6.9% vs. the Bloomberg Barclay’s Aggregate index of -.18. The short-term fund returned .40 vs. the
FTSE 3-month T Bill of .46.
The S&P 500 returned 3.02% for the month to date, 9.07% for the quarter and 31.49% for the 1-year
period. The NASDAQ Composite returned 3.54%, 12.17% and 35.23% respectively. The MSCI
Emerging Markets USD (net) returned 7.46%, 11.84% and 18.42% respectively. The Russell 1000
returned 2.89% for month to date, 9.04% for the quarter and 31.43% for the 1-year period. The Russell
2000 returns were 2.88%, 9.94% and 25.52% respectively. The Russell Mid Cap returns were 2.29%,
7.06% and 30.54%. Mr. Myton reported that bonds were flat for the quarter as the plan is overweight in
equities. The bonds returned over 9% for the year beating the benchmark. Mr. Myton noted that the asset
allocation has not changed and is not making any recommendations at this time. That being said, Trustee
Kral moved to accept the report and Trustee Lerner seconded the motion and the motion passed.
UNFINISHED BUSINESS:
Discussion of Comparison between GE Pension and ICMA 401(A)
The Chairman commented on the differences of the two plans and really would like to see some type of
document for the new employees to review while being employed for the first time. Mr. Amrose said he
would look at the document and see if he could do something with it to assist with new hires.
CONSENT AGENDA
FOR APPROVAL: Warrant #8
Benefits USA, Inc. (Administration Fee for January 2020) $1,950.00
Benefits USA, Inc. (Administration Fee for February 2020) $1,950.00
GRS (Services Rendered through 11/30/19) $5,476.00
GRS (Services Rendered through 12/31/19) $700.00
KKJ&L (Legal Fees-Bill #25113dated 12/31/19) $662.50
KKJ&L (Legal Fees-Bill #25311 dated 1/31/2020) $1,390.50
SunTrust Bank (Q4-19 Mgmt. Fee; Invoice #293198 dated 1/29/2020) $13,191.50
Total $25,320.50
For Ratification: Warrant #7
Benefits USA, Inc. (Administration Fee for December 2019) $1,152.00
KKJ&L (Legal Fees-Bill #24929 dated 11/30/19) $503.50
Total $1,655.50
Chairman Peterson moved to approve warrant #7 & 8 and Trustee Kral seconded the motion and the motion
passed.
PENSION PAYMENTS FOR APPROVAL/RATIFICATION:
Alanzo Edwards (Monthly Benefit payments effective 01/01/2020)
Trustee Kral moved to approve. Trustee Lerner seconded the motion and the motion passed.
Vickie Joslin (Monthly Benefit Payments effective 11/1/2019)
Trustee Wieseneck moved to approve. Trustee Kral seconded the motion and the motion passed.
4
Mark Howell (Refund of Contributions)
Trustee Wieseneck moved to approve. Trustee Kral seconded the motion and the motion passed.
REPORTS:
Chairman-
Chairman Peterson asked all vendors to leave with the exception of Benefits USA. He noted that when
they hired Benefits USA, it was their understanding that the work load would lessen. He said that the
Village is doing more work now. A brief discussion ensued and Chairman Peterson moved to terminate
the services of Benefits USA in 60 days. Trustee Wieseneck seconded the motion and it passed. Mr.
Prior thanked the Board for the opportunity.
Trustees:
The Trustees had nothing further to report.
Administrator:
The Administrator had nothing further to report.
NEXT MEETING DATE: TBD
ADJOURN: The meeting was adjourned at 10:35 am.
Secretary Date
VILLAGE OF NORTH PALM BEACH
LIBRARY ADVISORY BOARD MEETING MINUTES
FBRUARY 25, 2020
CALL TO ORDER
Chairperson Christine DelGuzzi called the meeting toorder at7:01PM.
ROLL CALL
Present : Zakariya Sherman, Library Director
Christine DelGuzzi, Chairperson
Phyllis Wissner, Vice Chairperson
Bonnie Jenkins, Secretary
Carolyn Kost, Member
Brad Avakian, Member
Tina Chippas, Member
Leslie Metz, Member
Darryl Aubrey – Village Mayor
APPROVAL OF MINUTES
Minutes for the January, 28, 2020, meeting were approved after a motion made by Carolyn Kost and
seconded by Phyllis Wissner.
LIBRARIAN’S REPORT
Director Zak Sherman reported the following:
The
thCloudLibrarybyBibliotecawillbeavailableforpatronsonFebruary28.
o Link: https://ebook.yourcloudlibrary.com/library/NPalmBeach/Featured
o NPB owned titles appear onthe homepage.
o Other titles available through search.
The Meeting
Friends of the Library (FoL) Update:
thoMetFebruary10/
thndoAnnualBookSaletookplaceJanuary29throughFebruary 2and made $5,060.00,
breaking the previous highest amount by $504.00.
Jodi Wagner, Palm Beach Post reporter wrote anarticle about thesale which
was very good advertising. Link:
https://www.palmbeachpost.com/news/20200127/north-palm-library-
expecting-this-weeks-annual-book-sale-to-be-biggest-ever
thoAnnualMeetingistobeheldMarch9.
Election of Officers
Annual Gift Presentation
Anticipated use is to replace upstairs lounging chairs.
Facilities:
o Obert Room carpeting cleaned after hosting: “Meet the Candidates”
o 20 additional chairs were received, bringing total to 80.
o Utilizing funds provided by FoLs, two (2) TV’swere purchased and installed in the lobby
on both sides of the stairs).
o IT Department provided tech support (thank you) and TV’sare controlled via Wi-Fi from
a work station. They will provide informational notices and possibly advertising.
o Anorder for four (4) Smith System Planner Studio Tables and stacking chairs was placed
for Bob’sGarage. (FoL received $10,000 indonations, specifically for Bob’sGarage.) This
purchase isapproximately $5,600.00.
o History & Archives
Lynn Ruiz has reorganized file cabinet.
Mary McBride should befinished scanning therest oftheoversized items inthe
thcollectionbyendofweek (February 28). Thank you toCommunity
Development Department for useoftheir large size scanner.
Alldigital files need tobere-sized before going online; aherculean task
Youth Services
o Library Out of School Time (LOST) program isverystructured now with different
activities on different days.
o It is anticipated a May sign-up with one-time fee will be in place for next year’s
Castaway Kids Program.
Adult programs
tho “Protecting Yourself from Scams” offered on February 27.
o Book Discussion club discussed The Night Tiger by Yangsze Choo.
o A Meet the Candidates Forum was hosted in the Obert Room.
o Crafts for Adults attendees made a Seashell Candle Holder (15 participants).
o Next month inhonor ofInternational Women’sDay, AAUW will host Women’sHistory
thCelebrationonMarch16 featuring Rita Craig, Gloria Kaplan, Susan Bickel and Dr.
Deborah Searcy.
Statistics
o E-Book and E-Audio Circulation numbers are up over this time last year.
OLD BUSINESS
There was none.
NEW BUSINESS
There was none.
QUESTIONS AND ANSWERS
Board member Carolyn Kost inquired ifthe remaining $4,500.00 FoL gift was to be spent on furniture only.
Director Sherman advised it is earmarked for program equipment as needed.
ADJOURNMENT
A motion to adjourn the meeting was made by Carolyn Kost and seconded by Tina Chippas.
The meeting was adjourned at 7:33 PM.
The next meeting will be Tuesday, March 24, 2020 at 7:00pm
Respectfully submitted by Bonnie Jenkins
Villageof NorthPalmBeach
RecreationAdvisoryBoard
MinutesfromtheMarch10, 2020Meeting
CALL TO ORDER:
Chairman Maria Cassidy called the meeting toorder at7:00PM.
ROLL CALL:
Maria Cassidy, Chair
Bob Bell – excused absent
Tim Hullihan
Don Grill
Chris Cantwell, Vice Chair
Mia St. John
Paul Beach
Village Council Representative – Debbie Searcy
Stephen Poh, Acting Director ofParks and Recreation
APPROVAL OFMINUTES:
Don Grill made amotion toapprove the minutes; seconded byPaul Beach. The motion passed 6-0.
PUBLIC COMMENT:
No Public Comment.
DIRECTOR’SREPORT:
Stephen updated the board onseveral park projects such asrenovation ofclay baseball field atOsborne
Park, Dog Park sodding atAnchorage Park, and Lakeside vegetation. Stephen also talked about the next
special event upcoming which isagarage sale onSaturday, March 21. Stephen updated board about
Heritage Day progress.
NEW BUSINESS:
Stephen talked about the Anchorage Park Dry storage project that Russ Ruskay has taken over.
Don Grill wanted toknow how many actually spots will be in the new storage area and thesize
of each spot.
The board commented that they wanted the wall to look like FPL building aluminum wall.
Stephen will have Russ come to the next meeting to discuss more details about the project.
OLD BUSINESS:
Stephen updated board with smoking in parks SB630 bill that is in the Senate right now waiting
for approval.
Public works completed the extension to the sidewalk behind the Public Safety building.
Stephen notified the board that Russ sent out a letter to the remote control car track owner to
remove his items from behind the Community Center.
BOARD MEMBER COMMENTS:
Tim Hullihan stated that the fields at the Community Center are getting torn up because of
unauthorized users on Saturday and Sunday playing soccer. The board discussed and voted 6-0
to curb the use of the fields to unauthorized users by recommending signs at the field that say
Field use by permit only”. Debbie suggested that the board come to the next council meeting
to discuss these actions with council.
Don Grill suggested keeping the Community Center sign on the side of the building where itis
located but moving some of the landscaping around to see it better. He also suggested some
lighting for the sign.
Don Grill also mentioned about removing old grills at the Community center in the back ofthe
trail and adding some benches back there for patrons to sit on.
Council Member Comments
Debbie commented on bringing the bench program back that we used to have for Lakeside Park.
She also asked about having kids ride their bike in the Heritage parade.
ADJOURNMENT:
Paul Beach made a motion to adjourn the meeting; seconded by Don Grill. Motion passed 6-0. Meeting
adjourned at 8:00 PM.
Minutes respectively submitted by Stephen Poh, Acting Director of Parks and Recreation.
DRAFT DRAFT DRAFT
VILLAGE OFNORTH PALM BEACH AUDIT COMMITTEE
MEETING MINUTES
MARCH 11, 2020
ATTENDING
Committee Administration
Don Kazimir Samia Janjua-Finance Director
Suzanne Mehregan Guest
Marie Silvani Terry Morton- Nowlen, Holt etc.
Tom Magill-Chairman
Absent: (Prior Notice Received)
Tom Andres
EdKatz
Dave Talley
Note: 4members present constitutes aquorum.
Items Discussed:
1. Draft Minutes of January meeting were approved after correction in
Item 2. Dates ofAudit schedule were corrected toMarch instead of
February.
2. Village Auditor, Terry Morton discussed the Draft FY 2019
Comprehensive Financial Report.(CAFR). He noted several irregularities
inadministration ofthe Village Pension fund. However, the issues
involved were corrected and not reach alevel which required noting
inthe CAFR. Inaddition, Mr. Morton noted that NPB had received
the Certificate of Achievement for Excellence inFinancial Reporting.
This award ismade bythe Government Finance Officers Association.
stNPBhasthedistinctionofachievingthisawardforthe31 consecutive
year.
Ms. Silvani discussed questions concerning Grant acquisition
procedures and the Employee Pension issue noted above
Committee noted themarked increase inUnallocated Fund
Balance. The fund grew toabout $7.5million up $1million from
FY2018. Increase isdue toadded advalorem revenue and
expense control
3. Abrief discussion ofthe NPB financial arrangement with
Farmers’ Table atthe NPB. Country Club. Our basic contract
calls for amonthly rental of $8333 plus 5% ofgross sales when a
total of $2million isachieved. Preliminary indications suggest
that the $2million threshold will reached shortly. Village
revenue can beexpected toincrease.
The Committee extends itscongratulations toMs. Janjua and
her staff fortheir continued excellent performance. Our
compliments to Mr. Terry Morton and his colleagues atNowlen,
Holt etal. They continue toserve the Village inatimely and
professional manner.
The meeting adjourned at 6:30PM
Tom Magill
Chairman
t
VILLAGE OF NORTH PALM BEACH
DEPARTMENT OF PARKS AND RECREATION
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Stephen Poh, Acting Parks and Recreation Director
DATE: April 23, 2020
SUBJECT: RESOLUTION – Approval of a Contract with Starfire Corporation in the amount of
$25,000 for the 4th of July Fireworks Show
During the FY 2019-2020 budgetary process, $25,000 was appropriated for the Village’s July 4, 2020
fireworks celebration. Village staff issued a Request for Proposals (RFP) for the fireworks show for the
annual 4th of July event. One proposal was opened on Thursday, February 20, 2020. It has been
commonplace for the Village to only receive one response to our RFP for fireworks display ven dors.
Village staff recommends accepting the proposal submitted by Starfire Corporation to provide fireworks
for 4th of July event.
Starfire Corporation is a new company recommended by Volt Live. Volt Live has been the vendor for
the Village’s firework shows for the last eight years. Volt Live’s business operations are changing and
will no longer directly manage fireworks demonstrations. Volt Live has recommended that the Village
use Starfire Corporation. Volt Live used employees from Starfire for the Country Club Grand Opening
fireworks show this past year.
The bid from Starfire Corporation includes supplying 2,272 bombshells for $25,000 for the July 4 th
celebration. The show will last approximately 25 minutes. In the event of inclement weather on July 4th,
the fireworks display will be rescheduled to the following day. Due to the COVID-19 situation, Starfire
will extend our contract another year or postpone the show to a date of the Village’s approval if we
would have to cancel our 2020 July 4th show.
Village staff is recommending that Council accept the bid from Starfire Corporation. This is a 3 year
contract with 2 automatic renewals in 2021 and 2022.
Account Information:
Fund Department Account
Number Account Description Amount
General
Fund Parks & Recreation A8229-35651 Special Events – July 4th
Celebration $25,000.00
The attached Resolution and Contract have been prepared and reviewed by the Village Attorney for
legal sufficiency.
Recommendation:
Village staff requests Council consideration and adoption of the attached Resolution accepting
the proposal submitted by Starfire Corporation to provide fireworks for the Village’s annual July
4th Celebration at a total cost of $25,000.00 with funds expended from Account No. A8229-35651
(Special Events – July 4th Celebration) and authorizing the Mayor and Village Clerk to execute a
Contract relating to such services in accordance with Village policies and procedures.
RESOLUTION 2020-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL OF STARFIRE
CORPORATION TO PROVIDE JULY 4TH FIREWORKS DISPLAYS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village issued Request for Proposals for the July 4th Fireworks Display for 2020
through 2022; and
WHEREAS, Village Staff recommended accepting the proposal submitted by Starfire Corporation at
a total annual cost of $25,000; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Starfire Corporation for
the July 4th fireworks displays (2020 through 2022) at a total annual cost of $25,000, with funds
expended from Village Account No. A8229-35651 (Special Events – July 4th Celebration)
Section 3. The Village Council further authorizes and directs the Mayor and Village Clerk to
execute a Contract with Starfire Corporation to perform such services in accordance with the terms
and conditions of the Request for Proposals, a copy of which is attached hereto and incorporated
herein.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020.
.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
1
CONTRACT
This Contract is made as of the _______ day of _____________, 2020, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to
as the VILLAGE, and STARFIRE CORPORATION, Pennsylvania corporation authorized to do
business in the State of Florida, hereinafter referred to as CONTRACTOR, whose Federal
Employer I.D. is: 25-1429138.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request
for Proposals for July 4th Fireworks Display and as further stated in CONTRACTOR’s Proposal
and pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF CONTRACTOR.
A. CONTRACTOR shall provide all goods and services as stated in the Request for Proposals
and CONTRACTOR’s Proposal, as incorporated herein by reference, to that degree of care and
skill ordinarily exercised, under similar circumstances, by reputable members of its profession
practicing in the same or similar locality at the time the services are provided.
B. CONTRACTOR certifies that it is licensed to perform the requested services in the State
of Florida and Palm Beach County. CONTRACTOR shall comply with all applicable federal,
state and local laws, ordinances, rules and regulations.
C. CONTRACTOR shall provide the required goods and services in accordance with the
following:
1. CONTRACTOR shall stage all necessary fireworks and equipment at the VILLAGE’s
designated location on or before July 4, 2020 (2021, 2022) so as to be able to provide the
required services after sundown on that date.
2. In the event of inclement weather, CONTRACTOR shall provide the required services at
the VILLAGE’s designated location on July 5, 2020 (2021, 2022).
3. If inclement weather continues and the VILLAGE, in its sole discretion, decides not to
reschedule the fireworks displays, the VILLAGE shall pay CONTRACTOR for the actual
costs of goods and services provided to date, with said costs not to exceed fifty percent
(50%) of the total compensation due to CONTRACTOR in accordance with Section 4
below.
4. CONTRACTOR shall obtain all required permits and inspections. To the extent permitted
by law, the VILLAGE shall waive all VILLAGE permit and inspection fees.
5. CONTRACTOR shall be responsible for maintaining, storing and protecting all goods and
equipment necessary for the fireworks displays from all acts of nature, theft, vandalism or
other means of damage or destruction.
6. CONTRACTOR and the VILLAGE shall cooperate to secure a clear area for the fireworks
display. However, CONTRACTOR shall be responsible for ensuring such area is
consistent with all permitting and inspection requirements.
2
7. CONTRACTOR shall be responsible for removing and clearing all excess material from
the fireworks display area, including any related debris.
D. The services provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and as stated in the Request for Proposals.
ARTICLE 2. PERIOD OF SERVICE.
A. CONTRACTOR shall provide all goods and services in accordance with the terms of the
Request for Quotes and this Contract. Time is of the essence.
B. In the event of unpreventable acts or occurrences wholly beyond the control of and
attributable to CONTRACTOR or the VILLAGE, including, by way of example, acts of God, fire,
flood, riots, war, terrorist activities, drought conditions, hurricanes or other severe and unforeseen
storm events (“Force Majeure Events”), prevent the CONTRACTOR from performing the services
contemplated by this Contract, the CONTRACTOR shall be excused from performance under the
terms of this Contract and the VILLAGE shall be relieved from payment for such services.
C. Notwithstanding the foregoing, CONTRACTOR shall not be entitled to an increase in the
agreed to compensation in this Contract or payment or compensation of any kind from the
VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever. Provided, however, that this
provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due
solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents.
D. This Contract shall become effective upon approval by the VILLAGE Council and shall
remain in effect for a period of three years, unless earlier terminated in accordance with Article 7.
Any variation to the terms and conditions set forth herein shall be in writing and signed by both
parties.
ARTICLE 3. VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Village
Parks and Recreation Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and
services set forth in the Request for Proposals and as stated in CONTRACTOR’s Proposal in an
amount not to exceed Twenty-Five Thousand Dollars and No Cents ($25,000.00) for each year
of the Contract. All fireworks displays shall conform with CONTRACTOR’s Proposal submitted
in response to the Request for Proposals.
B. CONTRACTOR shall submit invoices to the VILLAGE for said compensation on dates
mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s) received from
CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE’s
representative, indicating that goods and services have been provided and rendered in conformity
with the Contract and then will be sent to the Finance Department for payment. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative’s approval.
3
C. Services undertaken or expenses incurred that exceed the amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the sole liability of
CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies
that all goods have been provided and services performed and all charges have been invoiced to
the VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the
required goods and services.
F. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
Section 768.28, Florida Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
4
C. All of CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ninety (90) days prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for services rendered to the VILLAGE’s satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE’s Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
CONTRACTOR shall be required to carry and maintain the following insurance coverage through
the time it furnishes all required goods and services to the Village and completes its obligations
under the contract:
A. CONTRACTOR shall maintain Comprehensive General Liability Insurance with
minimum coverage limits of $1,000,000 combined single limit of insurance per occurrence and
$2,000,000 in the general aggregate for bodily injury and property damage and $2,000,000 in the
general aggregate for products/completed operations. Comprehensive G eneral Liability Insurance
shall include endorsements for property damage, personal injury, contract liability, product
liability and independent contractor coverage.
B. CONTRACTOR shall maintain Comprehensive Automobile Liability Insurance in the
minimum amount of $1,000,000 combined single limit for bodily injury and property damages
liability to protect against claims which may arise from the ownership, use, or maintenance of
owned and non-owned automobiles, including rented automobiles whether such operations be by
CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR.
C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes.
All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured and shall require thirty (30) day prior
notice to the VILLAGE in the event of cancellation. CONTRACTOR shall be responsible for any
deductibles related to said insurance.
ARTICLE 10. PAYMENT AND PERFORMANCE BOND.
A. CONTRACTOR shall be required to furnish a payment and performance bond with a
carrier duly licensed and authorized to do business in the State of Florida, equal to one hun dred
5
percent of the total amount of the contract to assure faithful performance and timely payments to
all persons providing labor, materials or supplies used in the performance of the work.
B. CONTRACTOR shall be required at all times to have a valid payment and performance
bond in force covering the work being performed. A failure to have such a bond in force at any
time shall constitute a default on the part of CONTRACTOR. A bond written by a surety, who
becomes disqualified to do business in the State of Florida, shall automatically constitute a failure
on the part of the selected proposer to meet the above requirements.
ARTICLE 11. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein
shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 12. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor, and
not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work
performed pursuant to this Contract shall at all times, and in all places, be subject to
CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control
over the means and manner in which it and its employees perform the Work.
ARTICLE 14. NONDISCRIMINATION.
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.
6
ARTICLE 15. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
ARTICLE 16. AUTHORITY TO PROVIDE REQUIRED SERVICES.
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 required
under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted
to the VILLAGE’s representative upon request.
ARTICLE 17. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 18. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE’s
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such written
amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 19. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and services
provided pursuant to this Contract from damage, and shall protect the VILLAGE’s property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss,
except that which may be directly due to errors caused by the VILLAGE or employees of the
VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection.
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
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ARTICLE 20. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Andrew D. Lukasik, Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
Starfire Corporation
Attn: Mark LaBella
682 Cole Road
Carrolltown, PA 15722
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 22. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term “Contract” as used herein, as well as the terms “herein,” “hereof,”
“hereunder,” “hereinafter” and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 23. 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.
ARTICLE 24. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
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ARTICLE 25. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract.
The exhibits and other contract documents, if not physically attached, including, but not limited to
the Request for Quotes and the CONTRACTOR’s Quote/Proposal, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 27. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 28. 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.
ARTICLE 29. DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that
the occurrence of any of the following shall be deemed a material event of default and shall be
grounds for immediate termination:
1. The filing of any judgment lien against the assets of CONTRACTOR related to the
performance of this Contract which is not satisfied, discharged or contested in a
court of law within thirty (30) days from the date of notice to the CONTRACTOR;
or
2. The filing of a petition by or against CONTRACTOR for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or
trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by
CONTRACTOR for the benefit of creditors; or the taking possession of the
property of CONTRACTOR by any governmental officer or agency pursuant to
statutory authority for the dissolution or liquidation of CONTRACTOR; or if a
temporary or permanent receiver or trustee shall be appointed for CONTRACTOR
or for CONTRACTOR's property and such temporary or permanent receiver or
Trustee shall not be discharged within thirty (30) days from the date of
appointment.
3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR
fails to provide the goods and services required pursuant to this Contract on
schedule as agreed to by CONTRACTOR in this Contract.
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B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any
event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any
such default.
ARTICLE 30. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation a gainst 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.
ARTICLE 31. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 32. PUBLIC RECORDS.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
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4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE’s custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
BY:
Print Name:
Title: _____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY: ________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN
VILLAGE ATTORNEY
REQUEST FOR PROPOSALS FOR
July 4th Fireworks Display
VILLAGE OF NORTH PALM BEACH
501 U.S. HIGHWAY ONE
NORTH PALM BEACH, FL 33408
ADVERTISEMENT, REQUEST FOR PROPOSALS
SPECIFICATIONS, PROPOSAL FORMS AND CONTRACT
ADVERTISEMENT
Sealed proposals will be received by the Village of North Palm Beach at the Village Manager’s
Office, 501 U.S. Highway One, North Palm Beach, Florida 33408, until:
2:30 P.M. FEBRUARY 20, 2020
Time Date
at which time they will be opened and read aloud in the Village Manager’s Office.
Such proposals to provide for the furnishing of:
2020 July 4th Fireworks Display (for the amount of $25,000.00)
The resulting contract shall be awarded to the proposer whose proposal best meets the needs of
the Village, taking into consideration, among other things, the financial responsibility of the
proposer, proven skill and experience, abilities to timely perform the contract, previous
satisfactory performance and such other abilities of the proposer that the Village in its sole
discretion determines will enable the proposer to perform effectively and efficiently.
The envelope containing the proposal shall include the proposer’s name and be marked as
follows:
SEALED PROPOSAL – JULY 4TH FIREWORKS
No proposer may withdraw his or her proposal for a period of sixty (60) days after the date set
for opening the proposals.
The Village reserves the right to reject any or all proposals and to waive any informalities.
The complete Request for Proposals may be obtained at Village Hall, 501 U.S. Highway One,
North Palm Beach, and Florida 33408 or from the Village website at: www.village-npb.org.
THE VILLAGE OF NORTH PALM BEACH
Village Manager
PUBLISH: PALM BEACH POST
DATE: FEBRUARY 6, 2020
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REQUEST FOR PROPOSALS
JULY 4TH FIREWORKS
1. REQUEST: The Village of North Palm Beach, Florida (“Village”) is accepting sealed
proposals from qualified companies and contractors (“Proposers”) to furnish all labor, material,
equipment and all other required goods and services to provide a 2020 July 4th fireworks
display, with the option to yearly renew for two more years (as more fully described in the
specifications attached hereto as Exhibit “A”), until 2:30 p.m. EST on February 20, 2020 at the
Village Clerk’s Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida 33408.
Proposals received after the aforementioned date and time will be returned unopened. Proposal
packages are available for review and printing from the Village’s web site: www.village-npb.org.
2. PREPARATION OF PROPOSAL: This Request for Proposals (“RFP”) provides the
complete set of terms and conditions, specifications and proposal forms for the required goods
and services. The specifications are attached hereto and incorporated by reference as Exhib it
“A”. The following forms are attached hereto and incorporated herein by reference:
- Proposal Form (including Fireworks Proposal) Exhibit “B”
- Drug Free Workplace Exhibit “C”
- Public Entity Crimes Statement Exhibit “D”
- Contract Exhibit “E”
All proposal forms must be completed in full and include a manual signature in ink. The
signature must be of an authorized representative who has the legal ability to bind the proposer in
contractual obligations. Unsigned proposals will not be accepted.
All proposals forms must be typed or legibly printed in permanent ink. All corrections
made by a proposer to any part of a proposal form must be initialed in ink. It is the proposer’s
sole responsibility to assure that the proposal is complete and delivered at the proper time and
place. The Village will not be responsible for any expenses incurred in connection with the
preparation or delivery of a proposal.
An original of all proposal forms and (1) copy, along with any other required
information, must be submitted in a sealed envelope to the address provided above via hand-
delivery or mail. Faxed or e-mailed proposals shall not be accepted. The face of the sealed
envelope shall state “SEALED PROPOSAL – July 4th Fireworks” and contain the Proposer’s
name. Proposals not submitted in a sealed envelope or on the enclosed proposal forms shall be
rejected.
Stephen Poh, Village Parks and Recreation Director, is available to answer any non-
technical questions regarding this RFP and can be reached at (561) 841-3386. Any technical
questions regarding this RFP should be submitted in writing to spoh@village-npb.org for review
and response. If any technical question requires a response which the Village in its sole
discretion determines should be provided to all potential Proposers, the Village will issue an
official addendum to this RFP. The Village will endeavor to ensure all potential Proposers
receive such addendum by posting the addendum onto the Village’s web site; however, it is the
sole responsibility of every Proposer to verify with the Village whether any addendum has been
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issued prior to submitting a proposal. The Village will not issue an addendum five (5) days or
less before the proposal opening date.
3. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this
RFP, the Village will open and announce aloud all proposals received on time. The evaluation of
the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole
discretion of the Village, it is considered to be in the Village’s best interests.
The Village Administration will evaluate the proposals in order to prepare a
recommendation to the Village Council for award of the proposal for the required goods and
services. The resulting contract shall be awarded to the responsible Proposer that best meets the
needs of the Village, taking into consideration, among other things, the financial responsibility of
the Proposer, proven skill and experience, abilities to timely perform the contract, previous
satisfactory performance and such other abilities of the proposer that the Village in its sole
discretion determines will enable the Proposer to perform effectively and efficiently. The
Village, in its sole discretion, reserves the right to waive all technicalities or irregularities and to
reject any or all proposals. The Village further reserves the right, in its sole discretion, to award
a contract to the Proposer whose proposal best serves the interests of the Village.
The selected proposer will be required to execute a contract with the Village in the form
attached hereto as Exhibit E.
4. INSURANCE REQUIREMENTS: The selected Proposer shall be required to carry and
maintain the following insurance coverages through the time it furnishes all required goods and
services to the Village and completes its obligations under the contract:
A. The Proposer shall maintain Comprehensive General Liability Insurance with
minimum coverage limits of $1,000,000 combined single limit of insurance per
occurrence and $2,000,000 in the general aggregate for bodily injury and property
damage and $2,000,000 in the general aggregate for products/completed
operations. Comprehensive General Liability Insurance shall include
endorsements for property damage, personal injury, contract liability, product
liability and independent contractor coverage.
B. The Proposer shall maintain Comprehensive Automobile Liability Insurance in
the minimum amount of $1,000,000 combined single limit for bodily injury and
property damages liability to protect against claims which may arise from the
ownership, use, or maintenance of owned and non-owned automobiles, including
rented automobiles whether such operations be by the Proposer or by anyone
directly or indirectly employed by the Proposer.
C. The Proposer shall carry Workers’ Compensation Insurance and Employer’s
Liability Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker’s Compensation, to be maintained by the
Proposer shall specifically include the Village as an Additional Insured. The
Proposer shall be responsible for any deductibles related to said insurance.
5. REGULATIONS, PERMITS AND FEES: The selected Proposer will be required to
obtain its own expense all permits, inspections and/or licenses required to provide the required
goods and/or services to the Village. The selected Proposer must comply with all federal, state
3
and local laws and regulations that may apply, including the standards of the National Fire
Protection Association.
6. PUBLIC ENTITY CRIMES: In accordance with Section 287.133, Florida Statutes,
any person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit
bids, proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of $25,000 for a
period of 36 months following the date of being placed on the convicted vendor list.
7. PAYMENT AND PERFORMANCE BOND: The selected Proposer, when awarded a
contract, will be required to furnish a payment and performance bond with a carrier duly licensed
and authorized to do business in the State of Florida, equal to one hundred percent of the total
amount of the contract to assure faithful performance and timely payments to all persons
providing labor, materials or supplies used in the performance of the work.
The selected Proposer will be required at all times to have a valid payment and
performance bond in force covering the work being performed. A failure to have such a bond in
force at any time shall constitute a default on the part of the selected proposer. A bond written by
a surety, who becomes disqualified to do business in the State of Florida, shall automatically
constitute a failure on the part of the selected proposer to meet the above requirements.
8. CONE OF SILENCE: This RFP is expressly subject to the Cone of Silence
provisions of Section 2-355 of the Palm Beach County Code of Ordinances. Any contract or
agreement entered into in violation of the cone of silence provisions shall render the transaction
voidable.
9. PROPOSER’S CERTIFICATION: Each Proposer submitting a proposal
acknowledges, agrees and certifies as follows:
A. The Proposer and its proposal are subject to all terms and conditions specified
herein with no exceptions unless authorized in writing by the Village;
B The Proposal constitutes an offer to the Village which shall remain open,
irrevocable and unchanged for sixty (60) days after proposal opening;
C. The Proposer has not given, offered nor intends to give or offer any economic
opportunity, future employment, favor or gratuity in any kind to any employee of
the Village in connection with this RFP;
D. The Proposer has not divulged or discussed its proposal with other Proposers, and
the Proposal is made based on independent determination of the Proposer without
collusion with other proposers in an effort to restrict competition;
E. The Proposer has not made any attempt to induce any potential Proposer from
submitting or declining to submit a proposal in response to this RFP;
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F. The Proposer is financially solvent and sufficiently experienced and competent to
provide all goods and/or services required in this RFP; and
G. All information provided by the Proposer is true and correct in all respects.
5
EXHIBIT “A”
SPECIFICATIONS
1. IN GENERAL
The Village of North Palm Beach is seeking proposals for a 2020 July 4th Fireworks Display,
with the option to continue each year for the following two (2) years: 2021, 2022. The Contract
shall remain in effect for a period of three (3) years, unless earlier terminated in accordance with
Article 7. Any variation to the terms and conditions set forth herein shall be in writing and
signed by both parties. All proposals must be attached to the Proposal Form (Exhibit “B”) and
meet all applicable requirements as set forth in the RFP, including, but not limited to, the
Proposal Form and the Specifications.
A. WORK INCLUDED
The selected Proposer shall provide all labor, materials and appurtenances necessary for the
pyrotechnic displays and the full cleanup of the entire area after the event.
B. SYSTEM DESCRIPTION
The selected Proposer shall supply a July 4th fireworks display for a minimum duration of
twenty-five (25) minutes with shells that range from one inch (1”) to ten inches (10”) in size.
C. QUALITY ASSURANCE
The selected Proposer shall provide certified pyrotechnicians and supervisors who are
thoroughly familiar with the type of displays involved and the materials and techniques
specified.
D. SUBMITTAL
The selected Proposer shall submit the manufacturer’s literature to the Village.
E. PRODUCT HANDLING AND STORAGE
Upon arrival at the designated location for the fireworks displays, all materials shall be checked
to ensure that no damage occurred during shipping or handling. Materials shall be stored in such
a manner to ensure proper safety, ventilation and drainage; to prevent an unsightly appearance;
and to protect against damage, weather, vandalism and theft.
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2. EXECUTION
A. INSTALLATION
The displays shall be turn-key operations and meet all proposal and manufacturer warranty
requirements.
B. CLEANING
Upon conclusion of the fireworks displays, the selected proposer shall clear the designated
location of any excess materials or debris.
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EXHIBIT “B”
PROPOSAL FORM
July 4th Fireworks
SUBMIT ONE ORGINAL AND (1) COPY OF YOUR PROPOSAL TO:
Village of North Palm Beach
501 U.S. Highway One,
North Palm Beach, FL 33408
Attn: Village Manager
Proposer’s Name:_____________________________________________________________
(Please specify the type of entity, e.g. corporation or partnership)
FEIN No.:_______________________
Address:______________________________________________________________________
Telephone No.:______________________ Fax Number:_______________________
E-Mail:_____________________
In accordance with the terms and conditions stated in the Request for Proposals (RFP), the
undersigned agrees to provide the fireworks specified in the attached Fireworks Proposal
and supply a fireworks displays meeting all specifications for an amount not to exceed
Twenty Five Thousand Dollars ($25,000.00)
The above amount shall include the required payment and performance bond as stated in the
RFP.
________________________________________ ________________
Authorized Representative’s Signature Date
________________________________________ __________________________________
Print Name Position
8
July 4th
FIREWORKS PROPOSAL
Name of Proposer: ________________________________________________
Opening Segment:
Shell size Quantity Basic effects presented
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
Main Body Segment:
Shell size Quantity Basic effects presented
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
Grand Finale Segment:
Shell size Quantity Basic effects presented
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
__________ __________ ______________________________________________________________
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July 4th
FIREWORKS PROPOSAL
Total Shells
Shell size Quantity
Under 3”------------------------------------ ______
3” shells ------------------------------------ ______
4” shells ------------------------------------ ______
5” shells ------------------------------------ ______
6” shells ------------------------------------ ______
8” shells ------------------------------------ ______
10” shells ---------------------------------- ______
Total Shells ______
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EXHIBIT “C”
CONFIRMATION OF DRUG-FREE WORKPLACE
In accordance with Section 287.087, Florida Statutes, whenever two (2) or more bids or
proposals are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a bid or proposal
received from a business that certifies that it has implemented a drug-free workplace program
shall be given preference in the award process. In order to have a drug-free workplace program, a
business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
(3) Give each employee engaged in providing the commodities or contractual services that are
under bid or proposal a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid or proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee who is
so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to execute this confirmation, the undersigned certifies that
________________________________ complies fully with the above requirements.
________________________________________ ________________
Authorized Representative’s Signature Date
________________________________________ __________________________________
Print Name Position
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EXHIBIT “D”
PUBLIC ENTITY CRIMES STATEMENT
UNDER § 287.133, FLORIDA STATUTES
1. This sworn statement is submitted to the Village of North Palm Beach, Florida
by _____________________________________________________________________
(print individual's name and title)
for _____________________________________________________________________
(print name of entity submitting sworn statement)
whose business address is___________________________________________________
________________________________________________________________________
and (if applicable) its Federal Employer Identification Number (FEIN) is:_____________
(If the entity has no FEIN, include the Social Security Number of the Individual
signing this sworn statement: _______________________)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term
“affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an
affiliate. The ownership by one person of shares constituting a controlling interest
in another person or a pooling of equipment or income among persons when not
for fair market value under an arm's length agreement, shall be a prima facie case
that one person controls another person. A person who knowingly enters into a
joint venture with a person who has been convicted of a public entity crime in
Florida during the preceding 36 months shall be considered an affiliate.
12
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into binding contract and which bids or applies to bid on contracts
for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (indicate which statement applies.)
_______Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
_______The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
_______The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of
the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
The foregoing document was sworn and subscribed before me this ______ day of
______________, 200__ by ______________________, who is personally known to me or
produced ______________________ as identification.
____________________________
Notary Public
My Commission Expires:
1
CONTRACT
This Contract is made as of the _______ day of _____________, 2020, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to
as the VILLAGE, and _____________________________________(name), a _________(state)
corporation authorized to do business in the State of Florida, hereinafter referred to as
CONTRACTOR, whose Federal Employer I.D. is: _______________.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request
for Quotes for 2020 July 4th Fireworks and as further stated in CONTRACTOR’s
Quote/Proposal and pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF CONTRACTOR.
A. CONTRACTOR shall provide all goods and services as stated in the Request for Quotes
and CONTRACTOR’s Quote/Proposal, as incorporated herein by reference, to that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the services are provided.
CONTRACTOR certifies that it is licensed to perform the requested services in the State of
Florida and Palm Beach County.
B. CONTRACTOR shall provide the required goods and services in accordance with the
following:
1. CONTRACTOR shall stage all necessary fireworks and equipment at the VILLAGE’s
designated location on or before July 4, 2020 (2021, 2022), so as to be able to provide
the required services after sundown on that date.
2. In the event of inclement weather, CONTRACTOR shall provide the required services at
the VILLAGE’s designated location on July 5, 2020 (2021, 2022).
3. If inclement weather continues and the VILLAGE, in its sole discretion, decides not to
reschedule the fireworks displays, the VILLAGE shall pay CONTRACTOR for the
actual costs of goods and services provided to date, with said costs not to exceed fifty
percent (50%) of the total compensation due to CONTRACTOR in accordance with
Section 4 below.
4. CONTRACTOR shall obtain all required permits and inspections. To the extent
permitted by law, the VILLAGE shall waive all VILLAGE permit and inspection fees.
5. CONTRACTOR shall be responsible for maintaining, storing and protecting all goods
and equipment necessary for the fireworks displays from all acts of nature, theft,
vandalism or other means of damage or destruction.
6. CONTRACTOR and the VILLAGE shall cooperate to secure a clear area for the
fireworks displays. However, CONTRACTOR shall be responsible for ensuring such
area is consistent with all permitting and inspection requirements.
7. CONTRACTOR shall be responsible for removing and clearing all excess material from
the fireworks displays area, including any related debris.
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C. The services provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and as stated in the Request for Quotes.
ARTICLE 2. PERIOD OF SERVICE.
A. CONTRACTOR shall provide all goods and services in accordance with the terms of the
Request for Quotes and this Contract. Time is of the essence.
B. In the event of unpreventable acts or occurrences wholly beyond the control of and
attributable to CONTRACTOR or the VILLAGE, including, by way of example, acts of God,
fire, flood, riots, war, terrorist activities, drought conditions, hurricanes or other severe and
unforeseen storm events (“Force Majeure Events”), prevent the CONTRACTOR from
performing the services contemplated by this Contract, the CONTRACTOR shall be excused
from performance under the terms of this Contract and the VILLAGE shall be relieved from
payment for such services.
C. Upon CONTRACTOR’s request, the VILLAGE shall consider the facts and extent of any
failure to perform the Work and, if CONTRACTOR’s failure to perform was without it or its
subcontractor’s fault or negligence, the Contract schedule and/or any other affected provision of
this Contract shall be revised accordingly; subject to the VILLAGE’s rights to change, terminate,
or stop any or all of the work at any time.
D. Notwithstanding the foregoing, CONTRACTOR shall not be entitled to an increase in the
agreed to compensation in this Contract or payment or compensation of any kind from the
VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever. Provided, however, that this
provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays
due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents.
ARTICLE 3. VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Village
Parks and Recreation Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and
services set forth in the Request for Quotes and as stated in CONTRACTOR’s Quote/Proposal in
an amount not to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000.00).
B. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on
the date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s)
received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the
VILLAGE’s representative, indicating that goods and services have been provided and rendered
in conformity with the Contract and then will be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s
approval.
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C. Services undertaken or expenses incurred that exceed the amount set forth in this
Contract without prior written authorization from the VILLAGE shall be the sole liability of
CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or
other matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This
certifies that all goods have been provided and services performed and all charges have been
invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by CONTRACTOR. The
VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of the required goods and services.
F. If the VILLAGE fails to make any payment due CONTRACTOR for the Work under this
Contract within forty-five (45) days after CONTRACTOR’s transmittal of its invoice to the
VILLAGE, CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work under
this Contract until it has been paid in full all amounts due.
G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by the CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or
employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials,
agents, servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall
this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided
in Section 768.28, Florida Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
4
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ninety (90) days prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for services rendered to the VILLAGE’s satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE’s Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
CONTRACTOR shall be required to carry and maintain the following insurance coverage
through the time it furnishes all required goods and services to the Village and completes its
obligations under the contract:
A. CONTRACTOR shall maintain Comprehensive General Liability Insurance with
minimum coverage limits of $1,000,000 combined single limit of insurance per occurrence and
$2,000,000 in the general aggregate for bodily injury and property damage and $2,000,000 in the
general aggregate for products/completed operations. Comprehensive General Liability
Insurance shall include endorsements for property damage, personal injury, contract liability,
product liability and independent contractor coverage.
B. CONTRACTOR shall maintain Comprehensive Automobile Liability Insurance in the
minimum amount of $1,000,000 combined single limit for bodily injury and property damages
liability to protect against claims which may arise from the ownership, use, or maintenance of
owned and non-owned automobiles, including rented automobiles whether such operations be by
CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR.
C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes.
All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured and shall require thirty (30) day
prior notice to the VILLAGE in the event of cancellation. CONTRACTOR shall be responsible
for any deductibles related to said insurance.
5
ARTICLE 10. PAYMENT AND PERFORMANCE BOND.
A. CONTRACTOR shall be required to furnish a payment and performance bond with a
carrier duly licensed and authorized to do business in the State of Florida, equal to one hundred
percent of the total amount of the contract to assure faithful performance and timely payments to
all persons providing labor, materials or supplies used in the performance of the work.
B. CONTRACTOR shall be required at all times to have a valid payment and performance
bond in force covering the work being performed. A failure to have such a bond in force at any
time shall constitute a default on the part of CONTRACTOR. A bond written by a surety, who
becomes disqualified to do business in the State of Florida, shall automatically constitute a
failure on the part of the selected proposer to meet the above requirements.
ARTICLE 11. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 12. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor,
and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the
work performed pursuant to this Contract shall at all times, and in all places, be subject to
CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform the Work.
ARTICLE 14. NONDISCRIMINATION.
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.
6
ARTICLE 15. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
ARTICLE 16. AUTHORITY TO PROVIDE REQUIRED SERVICES.
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 required
under this Contract in a reputable manner. Proof of such licenses and approvals shall be
submitted to the VILLAGE’s representative upon request.
ARTICLE 17. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 18. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE’s
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such
written amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 19. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and
services provided pursuant to this Contract from damage, and shall protect the VILLAGE’s
property from injury or loss arising in connection with the Contract. Except for any such
damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE
or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
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ARTICLE 20. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Clerk
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 22. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term “Contract” as used herein, as well as the terms “herein,” “hereof,”
“hereunder,” “hereinafter” and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 23. 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.
ARTICLE 24. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
ARTICLE 25. 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
8
addenda attached hereto, said failure shall be deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract.
The exhibits and other contract documents, if not physically attached, including, but not limited
to the Request for Quotes and the CONTRACTOR’s Quote/Proposal, should be treated as part of
this Contract and are incorporated herein by reference.
ARTICLE 27. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of
the Village of North Palm Beach.
ARTICLE 28. 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.
ARTICLE 29. WAIVER OF SUBROGATION.
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.
ARTICLE 30. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 31. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
9
CONTRACTOR:
BY:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
Darryl Aubrey
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Allan Bowman, Head Golf Professional
DATE: April 23, 2020
SUBJECT: RESOLUTION – Approval of an Amendment to the Golf Course Maintenance Contract
with BrightView Golf Maintenance, Inc. to include bunker repair and pond bank
remediation work at a cost not to exceed $300,000 and extend the Contract by an
additional year.
Staff is requesting Village Council approval of a proposal from BrightView Golf Maintenance, Inc.
(“BrightView”), the Village’s Golf Course maintenance provider, for golf course bunker and pond bank
remediation. The total cost of the project is $300,000, including $4,125.20 in contingency funds. Village
Council’s acceptance of the proposal would require a modification of the existing Golf Course
Maintenance Contract executed in 2019.
The proposed work is needed to repair the bunker faces and select pond banks on the Golf Course.
Although the Latitude 36 grass used on the course creates an excellent surface for golfers, it does not
possess a root structure that can hold the bunker faces and banks in place. This has created a
potentially unsafe situation for players when they walk on/near the bunker faces. As a result, the Village
has not allowed golfers to play out of these areas on the Golf Course. The work proposed to resolve
this issue includes the placement, formation, grading and installation of Bermuda Grass 419, which is
the grass that has been used for many years at the Golf Course.
The location of the work includes all bunkers on the Golf Course, with the exception of those that were
addressed last year, as well as some of the pond banks on Holes 9 and 18. These areas need to be
stabilized to protect our bridge and sprinkler lines from erosion. Staff has provided photographs of the
damage to the bunker faces and the erosion on the pond banks as attachments to this agenda item.
Even with these challenges, Chris Cochran from Nicklaus Design Group recently toured the property
and was impressed with the progress on the Golf Course and the attention to detail.
While Staff believes that BrightView should perform the work pursuant to its existing Contract, Staff did
solicit three written quotes for the project to ensure a fair and competitive price. Including all bunker
repairs and the pond bank repairs for Holes 9 and 18, the cost proposals were as follows:
Vendor Project Cost Notes
Bright View $295,894.80 Current GCM vendor
Gold Mine Golf, Inc. $398,896.80
Landirr, Inc. $242,117.19
While BrightView did not submit the lowest cost proposal, Staff is recommending proceeding with
BrightView because BrightView has previously performed bunker restoration work on the Golf Course
and is responsible for the ongoing maintenance of the Golf Course. Additionally, BrightView will be
allowing the Village to pay for the work over time without any finance charges. Staff believes that the
selection of BrightView will allow the Village to address this needed project immediately while minimizing
the initial financial impact and ensure that the course retains its designation as a Nicklaus Signature
Golf Course.
In addition to the foregoing, BrightView has agreed to allow the Village to “finance” the cost of the repairs
as follows:
• $30,000 upon commencement of the work
• $30,000 payable on October 10, 2020
• $6,666.66 per month for thirty-six (36) months commencing October 1, 2020 (increase in
contractual services payment)
Recognizing that the Village has expended approximately $2M on the course as a result of the
renovation project, which was completed in 2019, staff developed a financial analysis to describe how
the Enterprise Fund’s operating budget will be impacted.
2019-2020
Budget
Year End
Projection
2021 Preliminary
Budget
Golf
Revenues
3,392,854 Golf
Revenues
3,346,883 Golf Revenues 3,678,793
Restaurant
Revenues
329,500
Restaurant
Revenues
164,177
Restaurant
Revenues
600,000
SUBTOTAL 3,722,354 SUBTOTAL 3,511,060 SUBTOTAL 4,278,793
Golf
Expenditures
3,218,643
Golf
Expenditures
3,004,316
Golf
Expenditures
3,328,643
Debt & Loan
Payment
463,629
Debt & Loan
Payment
463,629
Debt & Loan
Payment
463,629
Restaurant
Expenditures
50,000
Restaurant
Expenditures
32,052
Restaurant
Expenditures
22,000
Administration 226,301 Administration 225,121 Administration 260,000
SUBTOTAL 3,958,573 SUBTOTAL 3,725,118 SUBTOTAL 4,074,272
Total -236,219 Total -214,058 Total 204,521
The initial payment of $30,000 is able to be absorbed into the current fiscal year’s operating budget.
In spite of the closure of the course on March 24, 2020, due to the County’s Emergency Order in
response to COVID-19, revenues have been stronger than budgeted and expenses have been
managed. The summary of this year’s budget and the projection for year -end includes the $30,000
payment to BrightView.
Because the existing Golf Course Maintenance Contract expires on September 30, 2022, BrightView is
requesting the execution of an Amendment to the Contract to include this work and extend the Contract
for an additional year through September 30, 2023. BrightView has also requested that the
maintenance costs of this additional year be adjusted based on a weighted combination of the annual
change in the Employment Cost Index for total compensation for Service Occupations (75%) and the
annual change in the Consumer Price Index for all Urban Consumers (CPI-U) (25%).
Account Information:
Fund Department Account
Number Account Description Amount
Country Club Golf Course
Maintenance L8045-33491 Contractual Services $300,000.00
The attached Resolution and Amendment to the Golf Course Maintenance Contract have been prepared
and/or reviewed for legal sufficiency by the Village Attorney
Recommendation:
Village Staff requests Council consideration and approved of the attached Resolution accepting
a proposal from BrightView Golf Maintenance, Inc. for bunker repair and pond remediation at a
total cost of $300,000 (including a $4,125.20 contingency), with funds expended from Account
No. L8045-33491 (Golf Course Maintenance – Contractual Services), and authorizing the Mayor
and Village Clerk to execute an Amendment to the Contract for Golf Course Maintenance
Services to incorporate the proposed work, provide a payment schedule, and extend the term in
accordance with Village policies and procedures.
Page 1 of 2
RESOLUTION 2020-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE
GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. TO INCLUDE BUNKER REPAIR AND POND
REMEDIATION WORK, PROVIDE FOR A PAYMENT SCHEDULE FOR THE
ADDITIONAL WORK AND EXTEND THE CONTRACT TERM BY ONE
YEAR; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 23, 2019, the Village entered into a Contract for Golf Course Maintenance
Services with BrightView Golf Maintenance, Inc. (“BrightView”); and
WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to
perform additional bunker repair and pond remediation work at the Golf Course; and
WHEREAS, BrightView has agreed to perform the additional work, and the parties wish to amend the
Contract to incorporate the additional work, provide payment terms for the additional work, and extend
the Contract for an additional one-year period subject to an adjustment in compensation based on
changes to indexes published by the United States Bureau of Labor Statistics; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Contract,
including any waiver the Village’s 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 THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Amendment to the Contract with
BrightView Golf Maintenance, Inc. for the Golf Course Maintenance Services, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute
the Amendment on behalf of the Village. The total cost for the additional work set forth in the
Amendment shall not exceed $300,000 (including $4,125.20 in contingency), with funds expended
from Account No. L8045-33491 (Golf Course Maintenance – Contractual 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 2 of 2
PASSED AND ADOPTED THIS ____ DAY OF _________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 3
AMENDMENT TO CONTRACT
This Amendment is made as of the _______ day of _____________, 2020, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and BRIGHTVIEW
GOLF MAINTENANCE, INC., a California corporation authorized to do business in the State of
Florida, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 95-2999239.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course
Maintenance Services dated May 23, 2019 (“Contract”); and
WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested
CONTRACTOR to perform additional bunker repair and pond remediation work at the North Palm
Beach Country Club Golf Course (“Additional Work”); and
WHEREAS, CONTRACTOR has agreed to perform the Additional Work at a total cost of
$295,894.80, as outlined in its Proposal dated December 10, 2019; and
WHEREAS, the parties have agreed to amend the Contract to: (1) incorporate the Additional
Work into the Contract; (2) provide payment terms for the Additional Work; and (3) extend the
Contract for an additional one-year period, subject to an adjustment in compensation based on
changes to the Employment Cost Index and the Consumer Price Index published by the United
States Bureau of Labor Statistics.
NOW, THEREFORE, in consideration of the mutual obligations set forth herein and the Contract,
as amended, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree to amend the Contract as follows:
1. Recitals
The foregoing recitals are ratified as true and correct and are incorporated herein.
2. Additional Work
CONTRACTOR shall perform all of the bunker repair work and the pond remediation work for
Holes 9 and 18 (“Additional Work”) as set forth in its Proposal dated December 10, 2019, a copy
of which is attached hereto and incorporated herein by reference. CONTRACTOR shall perform
the Additional Work to that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its vocation practicing in the same or similar locality at
the time such services are performed
3. Cost of Additional Work
The VILLAGE shall pay CONTRACTOR the sum of $295,894.80 for the Additional Work,
payable as follows:
Page 2 of 3
A. $30,000 payable upon CONTRACTOR’s commencement of the Additional Work;
B. $30,000 payable on October 10, 2020; and
C. An increase in the monthly Golf Course maintenance payment by $6,666.66 from October
1, 2020 through September 30, 2023 (provided that the last payment on September 1, 2023
shall be adjusted to reflect the actual amount that remains outstanding).
4. Extension of Contract Term
A. The parties hereby agree to amend Article 2.A of the Contract to extend the term by one
year, from October 1, 2022 through September 30, 2023 (“Fiscal Year 2023”), subject to
the two additional one-year renewals upon mutual agreement of both parties at the same
rate of compensation for Fiscal Year 2023, unless earlier terminated in accordance with
Article 8.
B. The total annual compensation for Fiscal Year 2023 shall be adjusted by the weighted
average of the changes to the following indexes published by the United States Bureau of
Labor Statistics:
(1) The percentage change in the Consumer Price Index for all Urban Consumers (CPI-
U); U.S. City Average (all items, not seasonally adjusted) from August 2021 to
August 2022 (25%); and
(2) The percentage change in the Employment Cost Index for Total Compensation (not
seasonally adjusted) for private industry workers in service providing industries
from August 2021 to August 2022 (75%).
Notwithstanding the foregoing, the maximum adjustment for Fiscal Year 2023 shall not
exceed five percent (5%). In the event that either the Consumer Price Index or the
Employment Cost Index is not available, a reliable governmental or other nonpartisan
publication, evaluating the information for use in determining the Consumer Price Index
and/or Employment Cost Index, shall be used.
C. If the VILLAGE terminates the Contract prior to the expiration date, the VILLAGE shall
pay CONTRACTOR all remaining monies owed for the Additional Work that has been
completed by CONTRACTOR to the VILLAGE’s satisfaction.
5. Conflicts
In the event of a conflict between this Amendment and the Contract, the terms of this Amendment
shall control. To the extent not expressly modified herein, all other provisions of the Contract
shall remain in full force and effect.
Page 3 of 3
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRACTOR:
BRIGHTVIEW GOLF MAINTENANCE, INC.
By:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
SUSAN BICKEL,
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN,
VILLAGE ATTORNEY
North Palm Beach
couNtry cluB
BuNker Project
North Palm Beach
couNtry cluB
BuNker Project
ASSUMES GOLF ON MAY 1
REVENUE ASSUMPTIONS:
Golf Fees Include: GF, CF & Walking Fee Golf Revenues - Major Categories 2019 2020 2020
Restricted Membership: +50 Intro Resident @ $1600= $80K, recognizing $40K in 2020 budget year 2020 Budget YTD March April May - Sept upwards Year End Projection
2020 YE projection based on actual YTD plus 2019 May-Sept. actuals Golf Fee 1,796,000 1,392,495 453,097 1,845,592
Merch 300,000 144,920 2,000 32,862 12,000 191,782
Range 360,000 186,633 76,443 15,000 278,076
Membership 806,000 801,838 - 40,000 841,838
Includes $ 15k in social membership that is not available Total 3,262,000 2,525,886 562,402 3,157,288
Updated numbers as range was closed part of July and August Rounds 42,500 25,162 10,074 35,236
Summer merchandise push
New restricted golf membership
EXPENSE ASSUMPTIONS:Expense Savings Savings 2020
$24K COVID Payroll Savings resulting in 40% payroll reduction April 2020 Budget YTD March Apr - Sept YE Projection
$22K Advertising savings Golf Ops Payroll 477,592$ 246,414$ (24,340)$ 453,252$
$21K COG Golf Merchandise savings (10%)Advertising 30,000$ 7,455$ (22,500)$ 7,500$
$12K Tree trimming savings Golf Merch 219,000$ 99,622$ (21,900)$ 197,100$
Golf Ops Payroll Reg/PT only Tree Trim 30,000$ 2,132$ (12,000)$ 18,000$
COVID payroll savings may increase slightly Total 756,592$ 355,623$ (80,740)$ 675,852$
Summary 2020 Budget Projection
Major Revenues 3,262,000$ 3,157,288$
Categories Expenses 756,592$ 675,852$
Total 2,505,408$ 2,481,436$ (23,972)$
March - April 2020
Lost Revenue due to COVID
Golf Fee 250,000$
Merch 25,000$
Range 40,000$
Memberships -$
Total 315,000$
BUNKER PROJECT TERMS:Project Priority: Significant safety risk due to collapsing bunker faces throughout golf course; Hole #9 and #18 deteriorating lake banks causing bridge collapse
$295k + $5k contingency = 300,000$
10% start up (30,000)$ 2020 Budget Savings (payment taking from Advertising and Tree Trim budgets)
10% completion 10/15/20 (30,000)$ 2021 CIP
*Balance 240,000$
*Balance 36 mo. Payments begin 10/01/20 6,667$ 2021-2024 Budget GCM Contractual Services
includes 1 yr. Brightview contract extension
2021 Possible Additonal revenue
Increase GF/CF/WF $ .75 - $ 4.70
Increase Dues 2-3%
Social Membership tbd
119 Atlantic Road
N. Palm Beach, Fl 33408
April 10, 2020
TO: VILLAGE COUNCIL
Re: Audit Committee Annual Report.
Ordinance 06-2004
Member of Council:
This report is submitted in compliance with Section 4 Paragraph 4 of the subject
ordinance.
Committee Members:
Tom Andres Ed Katz Don Kazimer
Suzanne Mehregan Marie Silvani Dave Talley
Tom Magill –Chairman.
Activity: During the year, the Committee met on 6 occasions from 3/11/2019 through
March 11 2020. Minutes have been provided for all meetings.
Issues Reviewed:
ENTERPRISE FUND. Much of the year’s discussions focused on
the major Clubhouse construction project which reached completion during Q1
2020.The Committee was kept aware of the progress and financial concerns of the
project. A significant achievement of the effort was the engagement of Farmers Table as
the restaurant operator. In addition, we had the opportunity to review the FY 2019
CAFR, .prepared by the Village Auditor, Terry Morton of Nowlen et.al. The audit
disclosed no significant issues. The Village was awarded, for the 31st consecutive year,
General Accounting Standard award for excellence. We extend our compliments to
Village Manager Andrew Lukasik, Finance Director Samia Janjua and their staffs for
efforts in this area.
In addition, attention was devoted to monitoring of Village investment results
managed by PFM associates. Returns within our established guidelines are consistent
with equal market activity. We also, note the increase in Village revenue due to added
ad valorem income, grant funding and investment earnings.
ENTERPRISE FUND
This fund measures activity at the Village owned Country Club. Construction of
the new clubhouse and closure of the golf course for a major portion of the year were
the major causes of failure to meet budgeted levels A $170K annual agreement was
approved by Council with Committee approval for Golf Course maintenance with
Brightview. Unfortunately, the current public health situation will cause difficulty in
meeting FY 2020 budget goals.
SUMMARY: The Committee notes the increase in the year ended Unallocated
Fund Balance to $8.18 represents a significant improvement over FY 2018. This
welcome increase is a great protection against emergency situations.
We also note the initial progress of Farmers’ Table. Their results after our tourist “season.” will
be closely monitored. We wish them every success.
We encourage Council to continue its improving efforts to continue to reduce purchasing
without using .published purchasing quotation guidelines.
In conclusion, the Committee thanks Council and the Administration for the privilege
of being able to contribute to the financial stability of the Village.
FOR THE COMMITTEE
Tom Magill
Chairman
Copy Village Council
Committee
Andrew Lukasik
Samia Janjua
Jessica Green
.
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