06-30-2022 VC SP-A with attachments
VILLAGE OF NORTH PALM BEACH
SPECIAL SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JUNE 30, 2022
501 U.S. HIGHWAY 1 7:00 PM
Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
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Special Session Agenda, June 30, 2022 Page 2 of 3
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held May 26, 2022
2. Minutes of the Special Session held June 2, 2022
3. Minutes of the Regular Session held June 9, 2022
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 Agen da
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
4. 1ST READING OF ORDINANCE 2022-12 – CODE AMENDMENT – THREE TIER ASSESSMENT
STRUCTURE FOR SINGLE-FAMILY RESIDENTIAL PROPERTIES Consider a motion to adopt on
first reading Ordinance 2022-12 amending Chapter 30, "Stormwater Management Utility," of the
Village Code of Ordinances by amending Section 30-6, "Stormwater Management Utility Assessments," to
create three tiers for assessments imposed against improved single-family residential properties.
5. 1ST READING OF ORDINANCE 2022-13 – CODE AMENDMENT – MEETINGS AND GATHERINGS AT
PARKS, PLAYGROUNDS AND RECREATION Consider a motion to adopt on first reading Ordinance
2022-13 amending Division 2, "Permit," of Article II, “Meetings and Gatherings,” of Chapter 20, “Parks,
Playgrounds and Recreation,” of the Village Code of Ordinances by amending Section 20-31, "Permit
Required," to increase the permit requirement threshold to twenty persons.
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.
6. RESOLUTION – Accepting a proposal from ForeverLawn Palm Beach, LLC for repairs and artificial
turf installation at the Country Club Driving Range at a total cost of $27,855; and authorizing
execution of the Contract.
Special Session Agenda, June 30, 2022 Page 3 of 3
OTHER VILLAGE BUSINESS MATTERS
7. RESOLUTION – 2ND AMENDMENT TO LONG-RANGE PLANNING AND ZONING SERVICES
CONTRACT Consider a motion to adopt a resolution approving a Second Amendment to an
Agreement with NZ Consultants, Inc. for current and Long-Range Planning and Zoning Services to
increase the total amount of compensation not to exceed $75,000 and retroactively extend the term
of the Agreement through September 30, 2022; and authorizing execution of the Second
Amendment.
8. RESOLUTION – AMENDMENT TO AGREEMENT FOR BUILDING INSPECTION SERVICES
Consider a motion to adopt a resolution approving an Amendment to an Agreement with C.A.P.
Government, Inc. for Building Inspection Services to increase the total compensation by $40,000 to
a total compensation not to exceed $65,000; and authorizing execution of the Amendment.
9. RESOLUTION – AMENDMENT TO CONCEPTUAL BRIDGE AND STREETSCAPE DESIGNS
CONTRACT Consider a motion to adopt a resolution approving an Amendment to the Contract with
Gentile Holloway O'Mahoney & Associates, Inc. for conceptual bridge and streetscape designs for
Prosperity Farms Road, U.S. Highway One and Lighthouse Drive reducing the total amount of
compensation from $176,605 to $173,227; and authorizing execution of the Amendment.
10. RESOLUTION – IRRIGATION PUMP STATION REPLACEMENT Consider a motion to adopt a
resolution accepting a bid proposal from Sullivan Electric & Pump, Inc. for the replacement of the
irrigation pump station at the North Palm Beach Country Club at a total cost of $256,207; and
authorizing execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 26, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Philippa Davis, Deputy Village Clerk
ROLL CALL
Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were physically
present except for President Pro Tem Bickel who attended via internet connection. All members of
staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge.
AWARDS AND RECOGNITION
Mayor Searcy presented a Proclamation for National Gun Violence Awareness Day to Moms
Demand Action for Gun Sense in America.
APPROVAL OF MINUTES
The Minutes of the Regular Session held May 12, 2022 were approved as written.
STATEMENTS FROM THE PUBLIC
John Samadi, 512 Marlin Road, expressed his concerns with the new building on U.S. Highway 1
south of the Post Office.
Tim Hullihan, 840 Country Club Drive, presented a PowerPoint that gave his opposing views on
the new recycling policy and expressed concern that the community should be educated and
involved in the recycling process and procedure.
Chris Ryder, 118 Dory Road S, expressed his concern regarding the changes made to the Zoning
Ordnance during the Covid lockdown in the spring of 2020.
Mary Phillips, 525 Ebbtide Drive, expressed her concern regarding Anchorage Park and the value
of having a greenspace.
Draft Minutes of the Village Council Regular Session held May 26, 2022 Page 2 of 5
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2022-11 CODE AMENDMENT – UTILITY TRAILERS PARKING REGULATIONS
A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey
to adopt and enact on secon d reading Ordinance 2022 -11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING AND PARKING,”
OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 18-33, “DEFINITIONS,” AND SECTION 18-34,
“PARKING RESTRICTED,” TO REGULATE THE PARKING OF UTILITY TRAILERS IN
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained that the ordinance would regulate the parking of utility trailers in the
residential zoning districts. The purpose of the code was to improve the aesthetics while making sure
that there weren’t any negative impacts on the ability of residents to conduct commercial activities.
The code would provide some language restricting the use of trailers for personal and commercial
use while preserving the commercial livelihood of residents. Mr. Lukasik stated that there was a
generous grandfathering clause in the ordinance. A resident who demonstrates that he or she cannot
meet the screening or setback requirements for the parking of a utility trailer on a lot within the R-1
or R-2 residential zoning districts can appeal to the Planning Commission or apply for an exemption.
Mr. Lukasik explained the criteria for the exception and recommended approval of the ordinance on
second reading.
Mayor Searcy opened public comment.
John Samadi, 512 Marlin Road, expressed his concerns with a portion of the code related to utility trailers.
There being no further comments from the public, Mayor Searcy closed the public hearing.
Mayor Searcy had a question about the difference between an exemption and a waiver.
Mr. Rubin explained that a waiver was a relaxation of the standards and an exemption did not require
residents to comply.
Mayor Searcy expressed concern that the intention of the code was to make residents comply with the
utility trailer screening.
Mr. Rubin explained that if a resident had certain screening situations they could go before the Planning
Commission who could impose conditions.
Councilmember Aubrey reiterated that residents should comply with the screening code when possible.
President Pro Tem Bickel asked whether PVC poles and netting were not acceptable in the Village.
Mr. Lukasik stated that per the code they were not acceptable.
Thereafter the motion to adopt and enact Ordinance 2022-11 on second reading passed
unanimously.
Draft Minutes of the Village Council Regular Session held May 26, 2022 Page 3 of 5
CONSENT AGENDA APPROVED
Vice Mayor Norris moved to approve the Consent Agenda. Councilmember Aubrey seconded the
motion, which passed unanimously. The following items were approved:
Resolution approving an Agreement with Phillips and Jordan, Inc. for Hurricane/Disaster
Debris Removal, Reduction and Disposal Services; and authorizing execution of the
Agreement.
Receive for file Minutes of the Environmental Committee Meeting held 3/7/22.
Receive for file Minutes of the Golf Advisory Board Meeting held 4/25/22.
RESOLUTION 2022-43 – SOLID WASTE TRUCK PURCHASE
A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to
adopt Resolution 2022-43 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2022 MACK TE64 FRONT
LOAD TRUCK FROM NEXTRAN CORPORATION D/B/A NEXTRAN TRUCK CENTER OF
RIVIERA BEACH AT A TOTAL COST OF $307,939; AUTHORIZING ALL NECESSARY
DOCUMENTS TO EFFECTUATE THE PURCHASE; AND AUTHORIZING EXECUTION OF
A BUDGET AMENDMENT TO FUND THE PURCHASE.
Mr. Holloway explained that the purchase of the truck was part of the normal rotation of vehicles.
After assessing the garbage pickups on the commercial side which is in conjunction with the multi-
family pickups, staff now runs a total of three (3) trucks a day whereas in the past there were some
challenges with not having any trucks running. Mr. Holloway explained that the new 2022 demo
truck was in the process of completion and the purchase of the truck came under budget at a
reduced cost of $30,000. The Public Works Department expects the arrival of the new truck within
six (6) weeks versus six (6) to nine (9) months.
Deborah Cross, 2560 Pepperwood Circle, gave her input regarding recommendations for
deployment of FY2021 General Fund Net Income Funds.
Mayor Searcy asked which Village logo would be displayed on the truck and recommended that
it be consistent with the Village currently being used.
Mr. Holloway advised that the new truck would display the new Village logo with the intention of
retro fitting the existing fleet trucks in the future.
Thereafter, the motion to adopt Resolution 2022-43 passed unanimously.
DISCUSSION – Option for Single-Family Residential Stormwater Fees
Mr. Lukasik introduced Mr. Rob Taylor from Hazen and Sawyer. Mr. Lukasik briefly explained
that after the Stormwater fee was adopted last year public comments were received from residents
concerned that the equity of using a flat rate for all single family residential properties was
inequitable. Village Council directed staff to go back and take a look at some of the single-family
residential classes to develop a mechanism that would create more equity within the single- family
residences or class.
Draft Minutes of the Village Council Regular Session held May 26, 2022 Page 4 of 5
DISCUSSION – Option for Single-Family Residential Stormwater Fees continued
Rob Taylor with Hazen and Sawyer began his analysis explaining the rate structure and assessment
program noting that the utility fee creating multi classification was the most common being that
the single family residential was the largest class making up almost 85% percent of the parcels in
the Village. A single flat rate fee was applied to all single family residential parcels which was not
uncommon in the world of stormwater utilities. Mr. Taylor discussed and explained all options for
single family residential stormwater fees. Mr. Taylor recommended two options to the council for
consideration. Mr. Taylor concluded that all tiers would generate similar revenue for their
classifications but the larger tiers would be paying more than the smaller tiers.
Discussion ensued between Councilmembers and Mr. Taylor regarding the Stormwater Fees
process and the necessity to review and consider making changes to the process.
Chris Ryder, 118 Dory Road S, expressed concern regarding the property assessment of the ad-
valorem tax bill for lower income residents and religious organizations.
Deborah Cross, 2560 Pepperwood Circle S, expressed concern regarding the impervious area of
some residences versus the pervious residences’ tax rate.
Mary Phillips, 525 Ebbtide Drive expressed concern regarding the tier system and recommended
that Council reconsider the equitable system.
Discussion ensued between Councilmembers regarding the Stormwater Fees process and the
necessity to review and consider making changes to the process.
MAYOR AND COUNCIL MATTERS/REPORTS
MOTION – Designating a voting delegate for the Florida League of Cities Conference
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to
designate Mayor Searcy as voting delegate for the Florida League of Cities Conference.
Thereafter the motion passed unanimously.
Mayor Searcy stated that she attended the Net Team meeting and recommended having a
community wide garage sale where residents each have their own garage sale annually versus
having it at the Community Center where residents bring their items to the center to have a Village
wide garage sale.
Mayor Searcy asked Mr. Lukasik about applying for grants through the Vulnerability Assessment
Program with Reliant Florida.
Mr. Lukasik stated that the Village had a stormwater plan that would help the Village start applying
for grants.
President Pro Tem Bickel asked for clarification concerning carbon admission and sanitation man hours.
Mr. Holloway stated that the 2000 man hours worked out to about two (2) hours per week with the
current staff. Mr. Holloway explained how the pickup days balance, while also noting some of the
safety concerns the drivers face while picking up trash in the Village.
Draft Minutes of the Village Council Regular Session held May 26, 2022 Page 5 of 5
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:14 p.m.
Philippa Davis, Deputy Village Clerk
DRAFT MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 2, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Len Rubin, Village Attorney
Jessica Green, Village Clerk
Absent: Mark Mullinix, Councilmember
Andrew D. Lukasik, Village Manager
ROLL CALL
Mayor Searcy called the meeting to order at 6:00 p.m. All members of Council were present
except for Councilmember Mullinix who was out of town. All members of staff were present except
for Andrew D. Lukasik, Village Manager.
STATEMENTS FROM THE PUBLIC
These residents addressed the Council with their thoughts regarding Village Manager Lukasik’s
resignation, their recommendations for Interim Village Manager, and the hiring process for a new
Village Manager:
Rita Budnyk, 804 Shore Drive
Mary Phillips, 525 Ebbtide Drive
Deborah Cross, 2560 Pepperwood Circle S
Patricia Friedman, 1208 Marine Way
Karen Marcus, 920 Evergreen Drive
DISCUSSION – VILLAGE MANAGER’S UPCOMING VACANCY
Discussion began between Councilmembers and between the Councilmembers and Human
Resources Director Renee Govig and Mr. Rubin regarding next steps in addressing the Village
Manager’s upcoming vacancy. The discussion included the new Village Manager’s recruitment
process, salary range, the structure of the office and choosing an interim Village Manager.
As a result of the discussion, Council decided on the following measures or actions in addressing the
Village Manager’s upcoming vacancy.
Village Manager Lukasik would be asked if he would be able to complete certain prioritized
tasks before his departure. The tasks identified were finalizing and receiving a vote regarding
the proposed narrowing of U.S. Highway 1, finalizing changes or updates to the residential
code, and finding a replacement for the Community Development Director position.
Draft Minutes of Village Council Special Session held June 2, 2022 Page 2 of 2
DISCUSSION – VILLAGE MANAGER’S UPCOMING VACANCY continued
The search for the new Village Manager would not be undertaken by an outside search
agency and would be done in-house by the Village’s Human Resources staff. The search
should take as long as necessary to find the right person for the job.
No changes would be made to the Village Manager’s current job description
The Village Manager’s annual salary range would be advertised in the job posting as
$200,000 to $250,000.
The possibility of adding an Assistant Village Manager position would be considered during
budget discussions.
Public Works Director Chuck Huff would be asked if he would be willing to fill in as Interim
Village Manager. If Mr. Huff accepts the position, he would begin as Interim Village
Manager on July 1, 2022 and his salary would be the same as Mr. Lukasik’s starting salary
of $159,000.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 6:49 p.m.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 9, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend William Dominick O’Shea led the public in the pledge of allegiance and gave the
invocation.
AWARDS AND RECOGNITION
Mayor Searcy presented a Proclamation to Reverend William Dominick O’Shea for the 60th
Anniversary of his ordination.
STATEMENTS FROM THE PUBLIC
Judy Pierman, 560 Greenway Drive, thanked Council for awarding Reverend William Dominick
O’Shea a proclamation. Mrs. Pierman expressed her appreciation for Reverend O’Shea and stated
that he has been a positive influence in the Village.
Russell Beverstein, 415 U.S. Highway 1, expressed his appreciation for the Village and the
Village’s Country Club. Mr. Beverstein recommended that Council consider other options for a
restauranteur at the Country Club when the current restauranteur’s lease agreement was up for renewal.
Chris Ryder, 118 Dory Road S, discussed and expressed his concern regarding changes that were
made to the Village’s code between the spring of 2019 and the summer of 2020.
CONSENT AGENDA APPROVED
Councilmember Aubrey moved to approve the Consent Agenda. Vice Mayor Norris seconded the
motion, which passed unanimously. The following item was approved:
Receive for file Minutes of the Recreation Advisory Board Meeting held 5/10/22.
Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 2 of 6
PRESENTATION – Town of Lake Park Draft Land Development Regulations for the Twin City Mall Site
John D ‘Agostino Town Manager for the Town of Lake Park introduced himself and expressed his
appreciation for Village Manager Lukasik and stated that Mr. Lukasik would be missed after his
departure from the Village. Mr. D ‘Agostino gave a brief history of the C-3 Regional Business
District and the partnership between the Town of Lake Park and the Village of North Palm Beach.
Mr. D ‘Agostino introduced Nadia DiTommaso, Community Development Director for the Town
of Lake Park and stated that she would give a presentation to discuss and explain a completed draft
of new land development regulations for the C-3 Regional Business District which is also known
as the Twin City Mall.
Ms. DiTommaso began the presentation by explaining the portions of the Twin City Mall property
that were within the Village and within the Town of Lake Park’s boundaries, and the history of the
property. Ms. DiTommaso explained that the Town was proposing regulations that would allow
a more intensive pattern of mixed use and increased height. Ms. DiTommaso explained that the
proposed regulations would include added architectural requirements and building typologies for
building massing with locations specified on a regulating plan. Density would be increased to
forty-eight (48) dwelling units per acre for residential projects and an overall 2.0 floor area ratio
(FAR). Buildings can also be built up to a maximum of twelve (12) stories in height or 160 feet.
Ms. DiTommaso explained that the code would provide for continuity of design, connectivity and
coordination between the Town and the Village.
Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the proposed regulations
for the Twin City Mall property.
Mr. Lukasik thanked D ‘Agostino for his comments. Mr. Lukasik gave an update on the Village’s
proposed changes to regulations with regards to the Twin City Mall property. Mr. Lukasik
discussed and explained the residential and commercial portions of the site. Mr. Lukasik stated
that the Village had been working with the owner of the Twin City Mall property and discussing
its proposed development with the developer. Mr. Lukasik discussed and explained the concept
plans for the site which would include a mix of residential and commercial and stated that Village
staff have given their critiques and recommendations to the developer and plan to have a future
meeting with them to discuss final comments.
RESOLUTION 2022-44 – LIBRARY SHELVING UNITS PURCHASE
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
Resolution 2022-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF LIBRARY
SHELVING UNITS FOR THE VILLAGE LIBRARY FROM R. GEORGE & ASSOCIATES,
INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING PALM BEACH COUNTY
CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Director of Leisure Services Zak Sherman explained the purpose of the resolution. Mr. Sherman
explained how funding for the purchase of new shelving for the 2nd story of the library was
obtained mainly through donations. Mr. Sherman thanked President Cathy Graham and the
members of the Friends of the Library for their help in raising and donating money for the project.
Mr. Sherman showed pictures of what the new shelving would look like and stated that the new
shelving would replace the original shelving which has been in place since the library opened in
1969. Mr. Sherman discussed and explained the design, specifications and functions of the new
shelving. Mr. Sherman concluded by stating that the steel wall shelving would take approximately
sixteen (16) weeks and the mobile floor shelving would take approximately twelve (12) weeks.
Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 3 of 6
RESOLUTION 2022-44 – LIBRARY SHELVING UNITS PURCHASE continued
Staff is expecting to have another grand opening of the library after the 2nd floor renovations are
completed.
Mayor Searcy thanked the Friends of the Library for all of their hard work.
Discussion ensued between Council and Mr. Sherman regarding the comparison of storage
capacity, safety mechanisms and composition between the new shelving and the old shelving.
Thereafter, the motion to adopt Resolution 2022-44 passed unanimously.
RESOLUTION 2022-45 – AMENDMENT TO FISCAL YEAR 2022 BUDGET’S ORGANIZATIONAL
CHARTS AND COMPREHENSIVE PAY PLAN
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to
adopt Resolution 2022-45 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING THE ORGANIZATIONAL CHARTS AND
COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2022
BUDGET TO IMPROVE SERVICE DELIVERY; REVISING POSITIONS WITHIN THE
PUBLIC WORKS DEPARTMENT, THE VILLAGE CLERK’S OFFICE, THE COMMUNITY
DEVELOPMENT DEPARTMENT AND THE COUNTRY CLUB; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lukasik discussed and explained the following proposed changes. Elimination of the Streets
and Stormwater Manager and Solid Waste Manager positions, creation of the Field Operations
Manager and Facility Manager positions, and the addition of a part-time Facilities Maintenance
Technician in the Public Works Department. The elimination of the Administrative Coordinator
position in the Clerk’s Office and the creation of the Code Compliance Assistant in the Community
Development Department. There would also be the replacement of the existing Accounting Clerk
position with an Accountant position in the Country Club Budget. Mr. Lukasik discussed and
explained the reasoning for the changes and stated that the changes did not create any immediate
impact on the operating budget.
Thereafter, the motion to adopt Resolution 2022-45 passed unanimously.
PRESENTATION – Building Recertification Process
Building Official Wayne Cameron began a presentation giving an update on the building
recertification process. Mr. Cameron gave a history of the proposed changes to the process and
an update on what took place since the last time the process was discussed at a previous Council
meeting. As a result of County meetings and State legislative sessions, Governor DeSantis signed
Senate Bill 4D Statewide Building Milestone Inspections which requires that a condominium or
cooperative must have a milestone inspection performed for each building that is three stories or
more in height by December 31st of the year the building turns thirty (30) years old and every ten
(10) years thereafter. If the building is located within three (3) miles of the coastline, the inspection
must be performed by December 31st of the year the building reaches twenty-five (25) years old
and every ten (10) years thereafter. If a building certificate of occupancy was issued before July 1, 1992
the building’s initial milestone inspection must take place by December 31, 2024.
Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 4 of 6
PRESENTATION – Building Recertification Process continued
The milestone inspection consists of two (2) phases. The first phase is a visual inspection by a
licensed architect or engineer. If significant structural deterioration is identified, a second phase
would commence and would include a full assessment of the areas of structural distress. A phase
one and two report would be required to be submitted to the local jurisdiction’s building official.
Mr. Cameron continued stating that the Senate Bill would also require that a condominium or cooperative
have a structural integrity reserve study completed every ten (10) years and effective December 31,
2024 the bill prohibits the waiver or reduction of reserves for items that are required to be inspected in
a structural integrity reserve study and reserve funds may only be used for their intended purpose.
Mr. Cameron stated that the next meeting of the Building Official’s Subcommittee would take
place on July 18, 2022 where they will discuss next steps and set up countywide procedures and
protocols that fall in line with the State’s requirements.
Discussion, questions, and answers ensued between Council and Mr. Cameron.
Mr. Cameron stated that he would get clarification on whether or not the new bill’s requirements
were intended for buildings over three stories high and bring that information back to Council.
Deborah Cross, 2560 Pepperwood Circle S, asked if the Senate bill’s requirements included
commercial buildings or if it was just for residential buildings.
Chris Ryder, 118 Dory Road S, expressed concern that the Senate bill allows architects or
engineers to make the inspections on buildings and requested that Council and staff make a request
to change the language of the bill allowing only engineers to make those inspections.
DISCUSSION – Anchorage Park Dry Storage Project
Mr. Sherman began a presentation that gave an update on the proposed Anchorage Dry Storage
Project. Mr. Sherman discussed and explained the layout and plans for the proposed project. Mr.
Sherman discussed and explained the budget for the proposed project. Mr. Sherman stated that
the current budget for the project was $500,000; however, the preliminary cost estimate from the
Village Engineer was $1,609,234.80. Mr. Sherman stated that Mr. Lukasik had recommended to
the Audit Committee that $560,000 of FY 2021 General Fund Net Income Funds be used towards
the East Alleyway Resurfacing/Wall Replacement project and/or the Anchorage Dry Storage
Project. Should the entire $560,000 Net Income be applied to the Anchorage Dry Storage Project,
it would increase the project’s budget to $1,060,000 but would still be over budget by $549,234.80.
Mr. Sherman discussed and explained how the Village could recover the entire cost of the project
within ten (10) years by raising the rental fees. Mr. Sherman discussed current rental fees and
proposed rental fees.
Discussion ensued between Council, Mr. Sherman and Mr. Lukasik regarding the proposal of
raising rental fees to recoup the costs of the proposed project.
Mr. Sherman concluded the presentation by discussing next steps for the proposed project which
were to finish civil, electrical and landscaping plans to one-hundred percent (100%), develop a
strategy for existing customers during construction, and get bid specs out and award a contract at
the start of the new fiscal year.
Mr. Sherman showed options for surfacing, striping and milling for the proposed project.
Discussion ensued between Council and Adam Swaney from Engenuity Group, Inc. regarding the
different options for striping, surfacing and milling for the proposed project.
Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 5 of 6
DISCUSSION – Anchorage Park Dry Storage Project continued
Mr. Sherman discussed fencing, hedging and landscaping for the proposed project.
These residents addressed the Council with their concerns and recommendations regarding the
Anchorage Dry Storage Project:
Chris Ryder, 118 Dory Road S Mary Phillips, 525 Ebbtide Drive
Deborah Cross, 2560 Pepperwood Circle Cathy Graham, 508 Fairwind Drive
Lisa Jensen, 606 Shore Road Kim Pasqualini, 632 Inlet Drive
Emily O’Mahoney from Gentile Holloway O’Mahoney & Associates, Inc. discussed and explained
the proposed plantings and landscaping for the proposed project.
Discussion ensued between Council, staff and Ms. O’Mahoney regarding the proposed
landscaping for the proposed project.
Mr. Sherman stated that the Recreation Advisory Board would be reviewing and discussing the
proposed project at their next meeting and would then bring their recommendations to the Planning
Commission and subsequently bring it back before Council.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Mullinix expressed his disappointment that the Special Council Meeting that took
place on June 2nd was not offered online through Zoom.
Mayor Searcy recommended reviewing and revising the Village’s processes when it came to new
development in the Village.
Mr. Rubin explained that the Village cannot deny new projects or development if they meet the
requirements of the Comprehensive Plan unless waivers or special exceptions are requested.
Discussion ensued between Council and Mr. Rubin regarding the revision of policies and
procedures for approving projects or development within the Village.
Mayor Searcy clarified that political signs that are erected more than thirty (30) days before an
election was in violation of the Village code but in keeping with a Supreme Court ruling, the
Village cannot regulate the content of signs. Mayor Searcy recommended that the Village’s sign
code be revised.
Discussion ensued between Council and Mr. Rubin regarding proposed revisions to the Village’s sign code.
Mr. Rubin stated that recommendations for revisions to the sign code would be brought to Council
at a future meeting.
Mr. Lukasik explained and discussed an incident that took place at Lakeside Park between a family
group gathering and the Village’s police. The police were enforcing the Village’s code with
regards to the amount of persons that can gather at the park. Mr. Lukasik stated that he and staff
had discussions with the family who was emotionally distraught by the incident. Mr. Lukasik
recommended that the Village’s code pertaining to group gatherings in parks be revisited and revised.
Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 6 of 6
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:37 p.m.
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Members of the Village Council
FROM: Andrew D. Lukasik, Village Manager
DATE: June 30, 2022
SUBJECT: Ordinance – Amendment of the Stormwater Utility Ordinance to include a Three Tiered
Utility Assessment for Single Family Residential Properties.
Due to concerns about the condition of the Village’s aging stormwater system and the lack of funding
available to address such concerns, the Village Council determined that it was necessary to establish a
dedicated funding stream to address stormwater system needs. To that end, on July 8, 2021, the Village
Council created a Stormwater Management Utility and a Stormwater Management Utility Fund and
provided for the adoption of Stormwater Management Utility Assessments, to be levied by future
Resolution against real property in the Village. Further, on September 8, 2021, the Village Council
established a non-ad valorem assessment roll to fund stormwater system improvements.
During the September 8, 2021 hearing to establish the non-ad valorem assessment roll, the Village
Council received comments from residents who questioned the equity of using a flat rate for all single
family residential properties. Specifically, residents questioned the use of a flat fee for the single-family
residential class when there are large and small parcels as well as greater amounts of pervious and
impervious surfaces throughout the Village’s residential neighborhoods. Village Council directed staff to
reevaluate the fee levied on the single-family stormwater customer class to address the concerns raised
by residents during the hearing.
On February 24, 2022, the Village Council approved an agreement with Hazen & Sawyer to develop
options that will make distinctions between single-family parcels within the Village’s stormwater
assessment roll. On May 26, 2022, Hazen & Sawyer presented options regarding the stormwater utility
rate methodology to produce greater equity amongst the Single Family Residential rate class. After
discussion, the Village Council concurred with the recommendation to implement a three tier rate system
based upon parcel size as described below:
SFR Class
Tier 11 3,380
5,550 0.61 $7.78 $56.86
101
$5,743
Tier 22
5,357
5,550 0.97 $7.78 $90.11
2,159
$194,553
Tier 33
8,509
5,550 1.53 $7.78 $143.14
277
$39,651
Estimated Scenario 3 Revenue
$239,946
This SFR class fee structure maintains a stormwater utility rate that is almost the same as the rate
charged in FY2022 for most Single Family Residential property owners, but allows a reduction or increase
for those outliers with smaller or larger parcels respectively. Additionally, the revenue generated by this
1 Parcel area is less than or equal to 7,079 ft2.
2 Parcel area is greater than 7,079 ft2 but less than 15,475 ft2.
3 Parcel area is greater than 15,475 ft2.
proposed rate structure will only be $3,000 more than in FY2022 and does not result in an increase in
administrative burden.
Recommendation:
Village staff recommends adoption of an Ordinance amending the Stormwater Utility Ordinance to include
a Three Tiered Utility Assessment for Single Family Residential Properties.
Page 1 of 3
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 30, “STORMWATER 4
MANAGEMENT UTILITY,” OF THE VILLAGE CODE OF ORDINANCES BY 5
AMENDING SECTION 30-6, “STORMWATER MANAGEMENT UTILITY 6
ASSESSMENTS,” TO CREATE THREE TIERS FOR ASSESSMENTS IMPOSED 7
AGAINST IMPROVED SINGLE-FAMILY RESIDENTIAL PROPERTIES; 8
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERAB ILITY; 9
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, through the adoption of Ordinance No. 2021-09 on July 8, 2021, the Village Council 12
established a stormwater utility and provided for the collection of utility assessments against all 13
developed property within the Village to fund the functions of the utilit y, including, but not limited to, 14
the maintenance, planning, design, construction, regulation and inspection of stormwater facilities; and 15
16
WHEREAS, Section 30-6 of the Village Code currently establishes the method of calculating the rate to 17
be assessed against individual properties based on land use type and assesses each improved single-18
family residential property one equivalent residential unit (ERU) at a rate determined by resolution of 19
the Village Council; and 20
21
WHEREAS, due to concerns regarding the perceived inequity of a single assessment for all improved 22
single-family residential properties, the Village requested that its stormwater consultant investigate the 23
variation of impervious area within the residential single-family classification and develop scenarios to 24
more equitabl y assess such properties; and 25
26
WHEREAS, having reviewed the results of the study, the Village Council wishes to adopt a three -tier 27
assessment structure for single-family residential properties based on the total parcel area and determines 28
that the adoption of this Ordinance is in the best interests of the residents of the Village of North Palm 29
Beach. 30
31
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 32
NORTH PALM BEACH as follows: 33
34
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 35
36
Section 2. The Village Council hereby amends Chapter 30, “Stormwater Management Utility,” of 37
the Village Code of Ordinances to read as follows (additional language is underlined and deleted 38
language is stricken through): 39
40
* * * 41
42
Sec. 30-6. Stormwater Management Utility Assessments. 43
44
(a) Stormwater management utility assessments are as currently established 45
or as hereafter adopted by resolution of the Village Council from time to time to pay the 46
costs of the stormwater management services provided by the Utility including, but not 47
Page 2 of 3
limited to, administration, planning, design, permitting, construction, maintenance, 1
regulation, inspection, and enforcement activities. 2
3
(b) Stormwater management utility assessments shall be based on the cost of 4
providing stormwater management services to types of property uses within the Village. 5
The Village Council may revise the schedule of stormwater rates from time to time to 6
reflect changes in the cost of providing such services. 7
8
(c) The rates for the stormwater management utility assessments shall be 9
according to the following types of land uses: 10
11
Type of Land
Use Monthly Rate Annual Rate
Single-family
Residential
(Parcel area is
less than or
equal to 7,079
sq.ft.)
(1.00 0.61
ERU) x (per
ERU rate1)
(1.00 0.61
ERU) x (per
ERU rate) x 12
Single-family
Residential
(Parcel area is
greater than
7,079 sq.ft.
but less than
15,475 sq.ft.)
(0.97 ERU) x
(per ERU
rate1)
(0.97 ERU) x
(per ERU rate)
x 12
Single-family
Residential
(Parcel area is
equal to or
greater than
15,475 sq.ft.)
(1.53 ERU) x
(per ERU
rate1)
(1.53 ERU) x
(per ERU rate)
x 12
Condominium
(0.22 ERU per
residential
unit) x (per
ERU rate)
(0.22 ERU per
residential
unit) x (per
ERU rate) x 12
Multifamily
Residential
(1.00 ERU) x
(parcel IA /
5,550 sq.ft.) x
(per ERU rate)
(1.00 ERU) x
(parcel IA /
5,550 sq.ft.) x
(per ERU rate)
x 12
Nonresidential (1.00 ERU) x
(parcel IA /
(1.00 ERU) x
(parcel IA /
5,550 sq.ft.) x
Page 3 of 3
5,550 sq.ft.) x
(per ERU rate)
(per ERU rate)
x 12
1
1The ERU rate shall be established by separate resolution. 2
3
(d) Stormwater management assessments shall apply to all properties within 4
the Village that are benefited by the stormwater utility including those properties which 5
are owned or occupied by a nonexempt governmental or nonprofit entity which are 6
otherwise tax-exempt for ad valorem tax purposes. Public right-of-way and bodies of 7
water are exempt from the application of stormwater management utility assessments. 8
Public schools are exempt from stormwater management utility assessments pursuant to 9
ruling of the Circuit Court for the Fifteenth Judicial Circuit (Palm Beach County) in the 10
case of The School Board of Palm Beach County v. City of West Palm Beach. 11
12
* * * 13
14
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 15
Village of North Palm Beach, Florida. 16
17
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 18
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 19
shall not affect the remainder of this Ordinance. 20
21
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 22
herewith are hereby repealed to the extent of such conflict. 23
24
Section 6. This Ordinance shall take effect immediately upon adoption. 25
26
PLACED ON FIRST READING THIS ______ DAY OF ________________, 2022. 27
28
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2022. 29
30
31
(Village Seal) 32
MAYOR 33
34
ATTEST: 35
36
37
VILLAGE CLERK 38
39
APPROVED AS TO FORM AND 40
LEGAL SUFFICIENCY: 41
42
43
VILLAGE ATTORNEY 44
Single-Family Residential Property Class
Evaluation
The Village has asked Hazen to further investigate the variation of
impervious area within the Single Family Residential (SFR)
classification and the possible correlation with other property attributes.
The purpose of this is to evaluate the potential of improving rate
structure equity by increasing granularity in this property classification.
This investigation comes in response to the SFR rate structure assigning
all properties (in the SFR classification) the same stormwater
assessment based on one equivalent residential unit (the origin of which
is the average impervious area of a statistically significant sample of
hand-measured SFR parcels).
Table of Contents
Introduction ..................................................................................................................... 2
Methodology .................................................................................................................... 2
Analysis ........................................................................................................................... 3
Parcel Area ............................................................................................................................................ 3
Total Living Area ................................................................................................................................... 4
Impervious Area .................................................................................................................................... 5
Scenarios ........................................................................................................................ 6
North Palm Beach Village Council Page 2 of 7
SFR Property Class Evaluation
Introduction
In 2021 the Village of North Palm Beach (the Village), after conducting both a feasibility study and a
stormwater utility management study, established and implemented a non-ad valorem assessment to
operate and maintain its stormwater utility services. While the initial feasibility and rate studies analyzed
the distribution of properties and their impervious area by customer class, analysis of property diversity
was not conducted within the classes. Due to the rate structure established, single-family residential (SFR)
properties were assessed one (1) equivalent residential unit (ERU). This ERU was developed by
calculating the average impervious area (IA) based on a statistically significant sample of randomly
selected and individually measured SFR parcels (132 out of 2,537).
Through the public notification and hearing process the Village learned of some concern regarding the
perceived equity of the constant assessment for SFR properties. Previous to the non-ad valorem
assessment, the Village funded stormwater utility needs from general fund revenues (largely ad-valorem
taxes). This method of revenue generation was based on the value of the property, whereas a non-ad
valorem assessment does not differentiate based on property value but some other measurement, in this
case IA, relevant to the levy. This task will evaluate and summarize different measures of variation
within the SFR customer class relevant to a parcel’s impact on the stormwater system. This project is not
scoped to manually measure all SFR properties within the Village, rather to investigate the variation of
SFR property attributes (lot area, living area, etc.) as they relate to a statistically significant sample of
manually measured impervious areas (IA) within the SFR property class.
Methodology
As a statistically significant portion of the SFR properties were measured as part of the development of
the ERU value in the Feasibility Study, these values were used in conjunction with Palm Beach County
Property Appraiser (PBCPA) data and parcel GIS shapefiles for the 2021 tax year obtained from the
Florida Department of Revenue (FDOR) website. These data were reviewed to determine if any of the
collected metrics could relate to a SFR parcel’s stormwater utility usage. In consultation with the Village
the following variables, presented in order of increasing administrative complexity and cost, were
selected for further examination and potential SFR ERU scenarios:
Parcel Area
Living Area
Impervious Area
Each variable above was selected for its potential correlation with impervious area overall and evaluated
using scatter plots and correlation. SFR parcels with measured IA were matched to their respective parcel
area and total living area for correlation analysis to confirm the positive correlation assumption. Summary
statistics and correlations were developed in Microsoft Excel using the Data Analysis add-in.
North Palm Beach Village Council Page 3 of 7
SFR Property Class Evaluation
Once summary statistics were collected on the population (all SFR parcels), they were used to group the
statistically significant samples of measured IA and their respective parcel areas or living areas into
potential ERU distribution scenarios. These groups were determined by averaging the measured IA of the
sample parcels within each potential parcel area or living area grouping as decided after analysis.
Analysis
Summary statistics were produced to determine how closely the means and standard deviations matched
between population and the measured IA sample parcels. Variables (parcel area, living area) were
matched to their IA sample parcels, Table 1 shows summary statistics for the IA sample, SFR parcel size
below:
Table 1: SFR Property Class Summary Statistics (ft2)
Metric Mean Median Max Min
Std.
Deviation
Sample
Size
Impervious Area Sample 5,550 5,061 13,393 2,146 2,118 132
SFR Parcel Size (sample) 11,460 10,800 40,487 3,748 4,290 132
SFR Parcel Size (all) 11,276 10,306 53,718 3,704 4,197 2,537
Within the SFR property class, IA varies greatly within the sample with a minimum of 2,146 and a
maximum of 13,393 square feet (ft2) respectively. In addition to statistical significance, summary
statistics between sample size and all SFR parcels were compared to ensure a representative sample. The
smallest lots within the Village are approximately 3,700 square feet, but the average IA for the Village
based on the sample is approximately 5,550 ft2.
Parcel Area
Parcel Area is the area in square feet of a SFR parcel. It was assumed that parcel area would correlate
positively with IA. The assumption was confirmed by plotting parcel areas with their respective matching
measured IA values in Figure 1:
North Palm Beach Village Council Page 4 of 7
SFR Property Class Evaluation
Figure 1: SFR Parcel Area and IA
Parcel area shows a strong positive correlation with IA. This approach to creating multiple tiers is also the
least administratively burdensome because it utilizes data which is already a part of the PBCPA data
collection process and can be automatically included in future tax rolls without any additional effort.
Parcel area rarely changes and when it does, it will be updated by the property appraiser without any
additional effort from the Village.
A cluster of SFR parcels within the sample skew towards the lower end (bottom left of blot) of the
spectrum when it comes to IA as compared to total parcel square footage. This indicates that some
alternative tier scenarios could be appropriately more equitable, particularly related to owners of smaller
SFR properties. Any such scenarios should be developed with consideration of total revenue collected.
Total Living Area
Total living area measures the livable area of a property. Total living area was obtained by summing the
living area data set by parcel ID and joining it with the measured IA sample in GIS. Matches are
approximate due to available data. Figure 2 shows a scatter plot with IA on the y-axis and total living area
on the x-axis. While it is positively correlated with SFR IA, it is not as strong of a relationship as shown
by parcel area in the preceding analysis based on parcel area.
0
2000
4000
6000
8000
10000
12000
14000
16000
0 5000 10000 15000 20000 25000 30000 35000 40000 45000Impervious Area (ft2)Parcel Area (ft2)
North Palm Beach Village Council Page 5 of 7
SFR Property Class Evaluation
Figure 2: SFR Total Living Area and IA
It was also observed that it is possible to have a greater total living area than parcel area, which makes it
hard to argue it is not counting space twice in buildings with multiple stories. Living area only measures
the habitable area of a dwelling interior and may include vertical area (ex. two-story houses). Vertical
living area could overrepresent the relationship to IA. Driveways, paved patios, garages and pool
enclosures, which constitute a large portion of SFR property IA, are also excluded from the living area
metric.
Advantages to this measurement include that it encompasses all livable area within a parcel, including
potential extra buildings or development on the parcel. Disadvantages include that it will need to be
updated annually to account for changes in property owner development in order to maintain consistency.
Living area by parcel is not readily available and requires extra data processing to sum living area by
parcel number and match it to the appropriate parcel location in GIS for quality assurance.
Impervious Area
Determining each parcel’s unique IA is the most equitable way to determine a parcel’s contribution to the
stormwater utility system. Unfortunately, it is the most administratively burdensome and cost prohibitive.
In order to implement a SFR stormwater assessment based on unique IA, every SFR parcel would need to
be measured manually and updated annually. This includes the verification of IA against aerial imagery
(or updating through building permit processes) to ensure properties adding or removing IA by way of
permitted or unpermitted renovations or development are assessed correctly. This annual update also
includes the repetition of the public notification process should parcels’ rates change from the previous
year. In addition, each property would have an individual/unique assessment rate which could spark
debate among neighbors who perceive their impacts to be similar.
0
2000
4000
6000
8000
10000
12000
14000
16000
0 10000 20000 30000 40000 50000 60000 70000Impervious Area (ft2)Total Living Area (ft2)
North Palm Beach Village Council Page 6 of 7
SFR Property Class Evaluation
Scenarios
While there is a correlation between total living area and IA, and unique IA is the most equitable option,
they are not the most efficient when administrative burden and cost are considered. That said, there are
other ways that this analysis can be applied to alleviate some of the perceived inequity. Given existing
data, the most efficient way to group SFR parcels, other than by using a single ERU based on a
statistically significant sample, is to group parcels statistically based on parcel area. It is impossible for a
parcel to contain more IA than the parcel area, which may explain why the correlation between total
living area and IA is positive but much weaker than the correlation between parcel area and IA. Due to
weak correlation and the high administrative burden, living area was ruled out as a potential metric for
grouping IA in favor of parcel area. Two potential parcel area driven scenarios are outlined below in
addition to the scenario of measuring all SFR IA:
Scenario 1: Manually Measured SFR IA
o All SFR parcels are measured individually. This approach is not recommended based on
the previously discussed administrative difficulties.
Scenario 2: Parcel Area Driven Two-tier SFR
o Small Tier – All parcels with less than or equal to mean (less than or equal to 11,277 ft2)
SFR parcel area are assigned an ERU that is equal to the average IA of measured sample
parcels falling within the Small Tier divided by the ERU Unit (5,550 ft2).
o Large Tier - All parcels with greater than mean (greater than 11,277 ft2) SFR parcel area
are assigned an ERU that is equal to the average IA of measured sample parcels falling
within the Large Tier divided by the ERU Unit (5,550 ft2).
Scenario 3: Parcel Area Driven Three-tier SFR
o Small Tier - All lots with less than or equal to mean SFR parcel area minus one standard
deviation (less than or equal to 7,079 ft2) are assigned an ERU that is equal to the average
IA of measured sample parcels falling within the Small Tier divided by the ERU Unit
(5,550 ft2).
o Medium Tier - All lots within plus or minus one standard deviation of mean (greater than
7,079 ft2 but less than 15,475 ft2) SFR parcel area are assigned an ERU that is equal to
the average IA of measured sample parcels falling within the Medium Tier divided by the
ERU Unit (5,550 ft2).
o Large Tier - All lots greater than plus one standard deviation (greater than or equal to
15,475 ft2) of mean SFR parcel area are assigned an ERU that is equal to the average IA
of measured sample parcels falling within the Large Tier divided by the ERU Unit (5,550
ft2).
North Palm Beach Village Council Page 7 of 7
SFR Property Class Evaluation
Table 2 below shows that the impact of reevaluating the ERU to match the average IA of the tiers
described above redistributes the estimated annual revenue. While Scenario 2 would cause a revenue
shortfall of $3,780 annually compared to the Current Scenario, Scenario 3 would increase annual revenue
by $3,092.
Table 2: Parcel Area Driven Scenario Revenue Estimates with Added Tiers (ft2)
Scenario Tier
Average
IA
ERU
Unit (ft2)
ERU
(Average
IA/ERU)
Rate
per
ERU
Annual
Cost per
Parcel
Parcel
Count
Estimated
Annual
Revenue
Current
Scenario N/A 5,550 5,550 1.00 $7.78 $93.36
2,537
$236,854
Estimated Current Scenario Revenue
$236,854
Scenario 2 Tier 11
4,525
5,550 0.82 $7.78 $76.12
1,604
$122,095
Tier 22
7,071
5,550 1.27 $7.78 $118.95
933
$110,979
Estimated Scenario 2 Revenue
$233,074
Scenario 3
Tier 13 3,380
5,550 0.61 $7.78 $56.86
101
$5,743
Tier 24
5,357
5,550 0.97 $7.78 $90.11
2,159
$194,553
Tier 35
8,509
5,550 1.53 $7.78 $143.14
277
$39,651
Estimated Scenario 3 Revenue
$239,946
1 Parcel area is less than or equal to 11,277 ft2.
2 Parcel area is greater than 11,277 ft2.
3 Parcel area is less than or equal to 7,079 ft2.
4 Parcel area is greater than 7,079 ft2 but less than 15,475 ft2.
5 Parcel area is greater than 15,475 ft2.
Stormwater Utility Assessment Rate Structure
•Created multiple property classifications
•Largest classification is SFR
•All SFR parcels currently assessed at rate of one ERU
•One ERU = 5,550 SF Impervious Area
•Village desires more granular approach to improve equity
1
North Palm Beach Parcel Distribution
by General Property Use Class
Options considered for improved equity
2
1.Measure impervious area of all SFR parcels
(eliminated based on administrative burden)
2.Create two or more “Tiers” based on parcels’
runoff impact
•Tiers based on correlation of Parcel Area to
Impervious Area
•Tiers based on correlation of Living Area to
Impervious Area
Results based on Parcel Area Tier Development
3
Scenario Tier Average IA Parcel Area Size
ERU
(Average IA/ERU)
Annual
Cost per Parcel
Parcel Count Estimated Annual Revenue
Current Scenario N/A 5,550 N/A 1.00 $93.36 2,537 $236,854
Estimated Current Scenario Revenue $236,854
Scenario 2 Tier 1 4,525 ≤ 11,277 ft2 0.82 $76.12 1,604 $122,095
Tier 2 7,071 > 11,277 ft2 1.27 $118.95 933 $110,979
Estimated Scenario 2 Revenue $233,074
Scenario 3
Tier 1 3,380 ≤7,079 ft2 0.61 $56.86 101 $5,743
Tier 2 5,357
> 7,079 ft2
but
≤15,475 ft2 0.97 $90.11 2,159 $194,553
Tier 3 8,509 > 15,475 ft2 1.53 $143.14 277 $39,651
Estimated Scenario 3 Revenue $239,946
ERU = 5,550 sf
Rate per ERU = $7.78
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: June 30, 2022
SUBJECT: ORDINANCE 1st Reading – Amending Article II, “Meetings and Gatherings,” of Chapter
20, “Parks, Playgrounds and Recreation,” of the Village Code of Ordinances to increase
the permit requirement threshold for Village parks to 20 persons
At its meeting on June 9, 2022, the Village Council briefly discussed the Village Code requirement for
permits within Village park and recreation areas. Section 20-31 of the Village Code of Ordinances
currently provides as follows:
If a meeting, gathering or other assemblage for a common purpose, cause, activity or
reason, in any park or recreation area, will involve an attendance of over ten (10) persons
and is not a part of a scheduled program or activity either sponsored or officially
recognized by the village, or participation or attendance in a sports event at a n
appropriately designated park area, the person responsible for or in charge of such
meeting or gathering shall obtain a permit from the recreation director before participating
or engaging in such activity in a park area.
The purpose of this requirement is to regulate the use of Village parks so as to ensure that large,
organized activities do not impair the ability of Village residents and other members of the public from
utilizing the Village’s recreational facilities. Because smaller groups of ten to twenty persons are unlikely
to negatively impact access to the parks, Village Staff is recommending that the threshold for the permit
requirement be raised to gatherings of over twenty persons. The attached Ordinance effectuates this
change.
There is no immediate fiscal impact.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Section 20-31 of the Village Code of Ordinances to increase the permit
threshold for Village parks and recreation areas to gatherings of more than twenty (20) persons.
Page 1 of 3
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING DIVISION 2, “PERMIT,” OF ARTICLE II, 4
“MEETINGS AND GATHERINGS,” OF CHAPTER 20, “PARKS, PLAYGROUNDS 5
AND RECREATION,” OF THE VILLAGE CODE OF ORDINANCES BY 6
AMENDING SECTION 20-31, “PERMIT REQUIRED,” TO INCREASE THE 7
PERMIT REQUIREMENT THRESHOLD TO TWENTY PERSONS; PROVIDING 8
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 9
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, Section 20-31 of the Village Code of Ordinances currently requires that any gathering of 12
over ten persons within a Village park or recreation area that is not part of a scheduled program or activity 13
requires the organizer to obtain a permit; and 14
15
WHEREAS, the Village Council wishes to increase the permit threshold to gatherings of over twenty 16
persons and determines that the adoption of this Ordinance is in the best interest of the residents of the 17
Village of North Palm Beach. 18
19
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 20
NORTH PALM BEACH as follows: 21
22
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 23
24
Section 2. The Village Council hereby amends Article II, “Meetings and Gatherings,” of Chapter 25
20, “Parks, Playgrounds and Recreation,” of the Village Code of Ordinances by amending Division 2, 26
“Permit,” to read as follows (additional language is underlined and deleted language is stricken through): 27
28
DIVISION 2. PERMIT 29
30
Sec. 20-31. Required. 31
32
If a meeting, gathering or other assemblage for a common purpose, cause, activity 33
or reason, in any park or recreation area, will involve an attendance of over ten (10) 34
twenty (20) persons and is not a part of a scheduled program or activity either sponsored 35
or officially recognized by the village, or participation or attendance in a sports event at 36
an appropriately designated park area, the person responsible for or in charge of such 37
meeting or gathering shall obtain a permit from the recreation director before 38
participating or engaging in such activity in a park area. 39
40
Sec. 20-32. Form. 41
42
The permit required by section 20-31 shall be in such form as may be established 43
by the recreation director. 44
45
46
Page 2 of 3
Sec. 20-33. Application. 1
2
An application for a permit required by section 20-31 shall contain the following 3
items: 4
5
(1) The name and address of the applicant. 6
7
(2) The name and address of the person, corporation or association sponsoring 8
the activity, if any. 9
10
(3) The day and hours for which the permit is desired. 11
12
(4) The park or portion thereof for which such permit is desired. 13
14
(5) An estimate of the anticipated attendance. 15
16
(6) Any other information which the recreation director shall find reasonably 17
necessary to a fair determination as to whether a permit should be issued. 18
19
Sec. 20-34. Standards for issuance. 20
21
The recreation director or the village manager shall issue a permit under this 22
division when he finds: 23
24
(1) That the proposed activity or use of the park will not unreasonably 25
interfere with or detract from the general public enjoyment of the park. 26
27
(2) That the proposed activity or use will not unreasonably interfere with or 28
detract from the promotion of public health, welfare, safety and recreation. 29
30
(3) That the proposed activity or use is not reasonably anticipated to incite 31
violence, crime or disorderly conduct. 32
33
(4) That the proposed activity will not entail unusual, extraordinary or 34
burdensome expense or police operation by the village. 35
36
(5) That the facilities desired have not been reserved for other use at the day 37
and hour required in the application. 38
39
Sec. 20-35. Appeal from refusal to issue. 40
41
(a) Within five (5) days after receipt of an application, the recreation director 42
or village manager shall apprise an applicant, in writing, of his reasons for refusing a 43
permit required by this division. 44
45
(b) Any aggrieved person shall have the right to appeal, in writing, within five 46
(5) days to the village council, which shall consider the application under the standards 47
Page 3 of 3
set forth in section 20-34 and sustain or overrule the recreation director's or village 1
manager's decision within seven (7) days. 2
3
(c) The decision of the village council shall be final. 4
5
Sec. 20-36. Revocation. 6
7
The recreation director may revoke a permit required by this division upon a 8
finding of a violation of any rule, ordinances or provision of this Code, or upon good 9
cause shown. 10
11
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 12
Village of North Palm Beach, Florida. 13
14
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 15
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 16
shall not affect the remainder of this Ordinance. 17
18
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 19
herewith are hereby repealed to the extent of such conflict. 20
21
Section 6. This Ordinance shall take effect immediately upon adoption. 22
23
PLACED ON FIRST READING THIS ______ DAY OF ________________, 2022. 24
25
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2022. 26
27
28
(Village Seal) 29
MAYOR 30
31
32
ATTEST: 33
34
35
VILLAGE CLERK 36
37
APPROVED AS TO FORM AND 38
LEGAL SUFFICIENCY: 39
40
41
VILLAGE ATTORNEY 42
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB GOLF DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
Beth Davis, General Manager
FROM Allan Bowman, Head Golf Professional
DATE: June 30, 2022
SUBJECT: RESOLUTION – Approving a contract in the amount of $27,855.00 with
ForeverLawn, LLC to repair an area at Country Club Driving Range
Village Staff is seeking Council consideration and approval for a contract in the amount of $27,855.00
with ForeverLawn Palm Beach, LLC. Reference have been checked and it should be noted
ForeverLawn has completed other projects for the Village of North Palm Beach Parks and Recreation
Department, including the installation of turf at the playground.
The driving range golf operations at the North Palm Beach Country Club have been heavily utilized
since our renovation (revenues have increased 50%). The increased volume has created some
safety issues (rutting of the ground) and appearance issues between the back of the driving range
mats and the parking lot. Completion of this project will allow for better longevity of the driving range mats.
Per purchasing policy, the staff has obtained four quotes for this project:
Quote # 1 Forever Lawn Palm Beach $ 27,855.00
Quote # 2 Synthertic Turn International $ 31,500.00
Quote # 3 Precision Landscape $ 34,800.00
Quote # 4 Southwest Greens $ 35,568.84
Account Information:
Fund Department /
Division
Account
Number
Account
Description Amount
Country
Club Golf Operations L8046-34620 R & M Grounds $ 27,855.00
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by
the Village Attorney.
Recommendation:
Village Staff recommends Council consideration and adoption of the attached Resolution
approving a Contract with ForeverLawn Palm Beach, LLC to repair an area of driving range at
a cost not to exceed $27,855.00, with funds expended from Account No. L8046-34620 (Golf
Shop R&M Building & Grounds), and authorizing the Mayor and Village Clerk to execute the
Contract in accordance with Village policies and procedures.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM
FOREVERLAWN PALM BEACH, LLC FOR REPAIRS AND ARTIFICIAL
TURF INSTALLATION AT THE COUNTRY CLUB DRIVING RANGE AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village is in need of repairs and artificial turf installation at the North Palm Beach
Country Club Driving Range; and
WHEREAS, Village Staff solicited written quotes for the work and recommended accepting the
proposal submitted by ForeverLawn Palm Beach, LLC; and
WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with ForeverLawn Palm Beach,
LLC for repairs and artificial turf installation at the North Palm Beach Country Club at a total cost
of $27,855.00, with funds expended from Account No. L8046-34620 (Golf Course Operations –
R & M Grounds), and authorizes the Mayor and Village Clerk to execute the Contract, a copy of
which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 6
CONTRACT
This Contract is made as of this _______ day of ______________, 2022, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408,
a Florida municipal corporation (hereinafter “VILLAGE”), and FOREVERLAWN PALM BEACH,
LLC, 342 Pike Road, Suite 20, West Palm Beach, Florida 33411, a Florida limited liability company
(hereinafter “CONTRACTOR”), whose F.E.I. Number is 83-2258919.
RECITALS
WHEREAS, the VILLAGE solicited quotes for repairs and installation of artificial turf at the North
Palm Beach Country Club Driving Range (“Work”); and
WHEREAS, the VILLAGE wishes to accept the proposal submitted by CONTRACTOR, and
CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this
Contract.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated herein
by reference.
2. CONTRACTOR’s Services and Time of Completion.
A. Contractor shall perform the Work in accordance with its Proposal/Pricing Agreement dated
May 17, 2022, a copy of which is attached hereto and incorporated herein by reference.
B. This Contract shall remain in effect until such time as the Work is completed, inspected and
accepted by the VILLAGE, provided, however, that any obligations of a continuing nature
shall survive the expiration or termination of this Contract.
C. The total cost of the Work shall not exceed Twenty-Seven Thousand Eight Hundred and
Fifty-Five Dollars and No Cents ($27,855.00). Fifty percent (50%) of the cost shall be paid
upon execution of this Contract and the remaining fifty percent (50%) shall be paid upon
completion of the Work in a manner acceptable to the VILLAGE.
D. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar
days.
3. Compensation to CONTRACTOR.
Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of
compensation stated in Section 3(C) above without prior written consent of the VILLAGE.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s
Page 2 of 6
representative, indicating that goods and services have been provided and rendered in conformity
with this Contract, and they then will be sent to the Finance Department for payment. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative’s approval.
CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in
question arising out of or relating to this Contract. In order for both parties herein to close their books
and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing
to the VILLAGE. This certifies that all goods and services have been properly performed and all
charges have been invoiced to the VILLAGE. Since this account will thereupon be clo sed, any and
other further charges if not properly included in this final invoice are waived by CONTRACTOR.
The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of all goods and services.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all insurance
policies shall be issued by companies authorized to do business un der the laws of the State of
Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $1,000,000 per occurrence to protect
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury
and property damages liability to protect CONTRACTOR from claims for damages for bodily
and personal injury, including death, as well as from claims for property damage, which may
arise from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles.
C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability
Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability
Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as
an “Additional Insured”.
5. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees.
Page 3 of 6
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Contract for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
§ 768.28, Florida Statutes.
6. Compliance with all Laws, Regulations and Ordinances.
In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required
permits (if any) and comply with all applicable federal, state and local laws, regulations and
ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida
Building Code.
7. Warranty/Guaranty.
In addition to any manufacturer warranties and warranties set forth in the Proposal/Pricing
Agreement, CONTRACTOR warrants that all Work, including goods and services, provided under
this Contract will be free of defects in material and workmanship for a period of one (1) year following
completion of the Work and successful final inspection. Should any Work fail to comply with this
warranty during the warranty period of one (1) year, upon written notification from the VILLAGE,
CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at
CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of
all manufacturer warranties and certify that the Work complies with the conditions set forth in such
warranties, if any.
8. Access/Audits.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing services pursuant to this Contract for at least five (5) years after
termination of this Contract. The VILLAGE shall have access to such books, records, and documents
as required in this section for the purpose of inspection or audit during normal business hours, at
CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to
disclose any confidential or proprietary information regarding its products and service costs.
9. Protection of Work and Property.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage,
and shall protect the VILLAGE’s property and adjacent private and public property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or
loss, except that which may be directly due to errors caused by the VILLAGE or employees
of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such
protection.
Page 4 of 6
B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the
charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any other
cause whatsoever, and CONTRACTOR shall repair, restore and mak e good, without
additional Work occasioned by any of the above causes before its completion and acceptance.
C. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is
being accomplished during and throughout the completion of all work.
10. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR’s sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof. The parties knowingly, voluntarily and intentionally
waiver any right they may have to trial by jury with respect to any litigation arising out of
this Contract.
D. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
E. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law.
F. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
Page 5 of 6
G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added
to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination. In the event of an express conflict between this Contract and CONTRACTOR’s
Proposal/Pricing Agreement, the terms of this Contract shall control.
H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of newly hired employees and has received
an affidavit from each subcontractor stating that the subcontractor does not employ, contract
with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that
CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE
shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be
amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly
violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained,
it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract
with the subcontractor.
I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR
501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all
relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida
Statutes, CONTRACTOR shall:
(1) Keep and maintain public records required by the VILLAGE to perform the service.
(2) Upon request from the VILLAGE’s custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
(4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of CONTRACTOR or keep and maintain public records required
Page 6 of 6
by the VILLAGE to perform the services. If CONTRACTOR transfers all public
records to the VILLAGE upon completion of the Contract, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of
public records, in a format that is compatible with the information technology systems
of the VILLAGE.
J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR
and its subcontractors. CONTRACTOR understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of CONTRACTOR or its
subcontractors to fully cooperate with the Inspector General when requested may be deemed by
the VILLAGE to be a material breach of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
FOREVERLAWN PALM BEACH, LLC
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Alex Ahrenholz, AICP, Principal Planner
DATE: June 30, 2022
SUBJECT: RESOLUTION – Approving a Second Amendment to an Agreement with
NZ Consultants, Inc. for planning and zoning services to increase the
amount of compensation by $25,000 to a total amount of $75,000 and to
extend the term.
The Community Development Department has had vacancies for its planner positions
periodically for the past few years. Due to continued difficulties with finding qualified
planner candidates, the Village has used NZ Consultants, Inc. to provide contractual
planning and zoning services.
Purchase Order History:
On February 18, 2021, the Village Manager approved an Agreement with NZ Consultants,
Inc. in the amount of $25,000 for planning and zoning services in accordance with the
terms, conditions and pricing established in an existing, competitively bid Professional
Services Agreement with the City of Lake Worth Beach. Through the adoption of
Resolution No. 2021-50 on June 24, 2021, the Village Council approved an Amendment
to the Agreement to increase the total compensation to $50,000. Village Staff is seeking
to increase to the total compensation by an $25,000 for a total of $75,000 and retroactively
extend the term of the Agreement through the end of Fiscal Year 2022.
Community Development has been using a contract planner from NZ Consultants one
day a week on a regular basis. This costs approximately $2,500 per month. The existing
amount of the Agreement will be exceeded by $10,000 with the payment of invoices for
contract services already provided by NZ Consultants to the Village.
With the resignation of the Department’s Director, the contract planner is needed for an
additional day each week to meet the demand for planning services within the
Department. This will increase the funding need another $10,000 to meet the day-to-day
requirements plus approximately $5,000 to assist with components of the residential
zoning code update and other planning projects.
Because the total amount paid to this vendor for the fiscal year will exceed $25,000, the
Village’s purchasing policies and procedures require Village Council approval to pay the
vendor for services performed. The additional cost will be offset by salary and benefit
savings from the vacant position.
The attached Resolution and Second Amendment have been prepared and/or reviewed
for legal sufficiency by the Village Attorney.
Account Information:
Fund Department Account
Number
Account
Description
Amount
General
Fund
Planning &
Zoning A5206-33190 Professional
Services $25,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving a Second Amendment to the Agreement with NZ Consultants, Inc. for planning
and zoning services to increase the total compensation by $25,000 for a total of $75,000,
with funds expended from Account No. A5206-33190 (Planning & Zoning – Professional
Services), to retroactively extend the term through the end of Fiscal Year 2022 and to
authorize the Mayor and Village Clerk to execute the Second Amendment in accordance
with Village policies and procedures.
Page 1 of 2
RESOLUTION 2022-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO AN
AGREEMENT WITH NZ CONSULTANTS, INC. FOR CURRENT AND LONG-
RANGE PLANNING AND ZONING SERVICES PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING CONTRACT FOR SERVICES BETWEEN NZ
CONSULTANTS, INC. AND THE CITY OF LAKE WORTH BEACH AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
SECOND AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 18, 2021 the Village Manager executed an Agreement for Current and
Long-Range Planning and Zoning Services with NZ Consultants, Inc. (“Agreement”) in accordance
with the terms, conditions, and pricing established in an existing competitively bid contract between
NZ Consultants, Inc. and the City of Lake Worth Beach; and
WHEREAS, through the adoption of Resolution No. 2021-50 on June 24, 2021, the Village Council
approved a First Amendment to the Agreement to increase the total mount of compensation to
$50,000; and
WHEREAS, the parties wish to again amend the Agreement to increase the total amount of
compensation by an additional $25,000 and to retroactively extend the term of the Agreement through
the end of Fiscal Year 2022; and
WHEREAS, the Village Council determines that the approval of a Second Amendment to the Agreement
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 a Second Amendment to the Agreement for
Services with NZ Consultants, Inc. for Current and Long-Range Planning and Zoning Services to
increase the total amount of compensation and retroactively extended the term of the Agreement
through September 30, 2022, a copy of which is attached hereto and incorporated herein, and
authorizes the Mayor and Village Clerk to execute the Second Amendment on behalf of the Village
The total compensation paid pursuant to the Amendment shall not exceed $75,000, with funds
expended from Account No. A5206-33190 (Planning – Professional Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
Page 2 of 2
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This Second Amendment is made as of the ____ day of __________________, 2022, by and
between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach,
Florida, 33408, a Florida municipal corporation ("VILLAGE"), and NZ CONSULTANTS, INC.,
1851 W. Indiantown Road, Suite 100, Jupiter, FL 33458, a Florida corporation
("CONTRACTOR"), whose Federal I.D. No. is 27-0681325.
RECITALS
WHEREAS, the VILLAGE and CONTRACTOR entered into an Agreement for Services dated
February 18, 2021 (“Agreement”) whereby CONTRACTOR agreed to provide Current and Long-
Range Planning Services in accordance with the terms, conditions and pricing established in an
existing, competitively bid Professional Services Agreement between CONTRACTOR and the
City of Lake Worth Beach; and
WHEREAS, on June 24, 2021, the parties executed a First Amendment to the Agreement to
increase the total amount of compensation to $50,000; and
WHEREAS, the parties wish to again amend the Agreement to increase the total amount of
compensation and retroactively extend the term of the Agreement through the end of Fiscal Year
2022.
NOW THEREFORE, in consideration of the mutual promises set forth herein and the Agreement,
as amended, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. Section 5 of the Agreement is hereby modified to increase the total compensation to
$75,000.00.
3. Section 9 of the Agreement is hereby modified to extend the term through September 30,
2022, retroactive to October 1, 2021.
4. All other provisions of the Agreement, as amended, to the extent not expressly modified
herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first
above written.
NZ CONSULTANTS, INC.
By:
Nilsa Zacarias, President
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
By:
Deborah Searcy, Mayor
ATTEST:
Jessica Green, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Village Attorney
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Wayne Cameron, Building Official
DATE: June 30, 2022
SUBJECT: RESOLUTION – Approving an Amendment to the Agreement with C.A.P.
Government, Inc. for building inspection services to increase the amount by
$40,000 (for a total amount of $65,000).
The Community Development Department has had vacancies in Building Inspector positions
for the past few years and recently lost a Building Inspector to retirement in December. Due to
continued difficulties with finding qualified inspectors, the Village has utilized a variety of firms
to provide contractual building inspection services.
On December 10, 2021, the Village Manager approved an Agreement with C.A.P. Government,
Inc. in the amount of $25,000 in accordance with the terms, conditions and pricing established
in an existing, competitively bid Professional Services Agreement with the To wn of Jupiter,
approved by the Town on July 16, 2019 for a period of 5 years. Village Staff is requesting to
increase this amount by $40,000 to pay for services already provided since April (in the amount
of $8,265) and services through the end of the fiscal year.
Because the total amount paid to this vendor for the fiscal year will exceed $25,000, the
Village’s purchasing policies and procedures require Village Council approval to pay the vendor
for services performed. The additional cost will be offset by salary and benefit savings from the
vacant positions.
The attached Resolution and Amendment have been prepared and/or reviewed for legal
sufficiency by the Village Attorney.
Account Information:
Fund Department Account
Number
Account
Description
Amount
General
Fund Building A6019-33190 Professional
Services $40,000
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
an Amendment to the Agreement with C.A.P. Government, Inc. for Fiscal Year 2022 by $40,000
(for a total amount of $65,000), with funds expended from Account No. A6019-33190 (Building
– Professional Services), and authorizing the Mayor and Village Clerk to execute the
Amendment in accordance with Village policies and procedures.
RESOLUTION 2022-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO AN AGREEMENT
WITH C.A.P GOVERNMENT, INC. FOR BUILDING INSPECTION SERVICES
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING AGREEMENT WITH
THE TOWN OF JUPITER AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 8, 2021, the Village Manager executed an Agreement for building inspection
services with C.A.P. Government, Inc. in accordance with the terms, conditions and pricing established
in an existing competitively bid Agreement between C.A.P. and the Town of Jupiter; and
WHEREAS, in accordance with the Village’s Purchasing Policies and Procedures, the amount of
compensation was capped at $25,000; and
WHEREAS, Village Staff is in need of additional building inspection services through the end of the
current fiscal year and until open positions within the department are filled, and is recommending the
execution of an Amendment to increase the total compensation by $40,000 to $65,000; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Contract 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 Agreement for building
inspection services with C.A.P. Government, Inc., 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 compensation paid pursuant to the Amendment shall not exceed $65,000, with funds expended
from Account No. A6019-33190 (Community Development/Building Division – Professional Services).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
AMENDMENT TO AGREEMENT FOR SERVICES
This Amendment is made as of the _______ day of _____________, 2022, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida,
33408, a Florida municipal corporation (“VILLAGE”), and C.A.P. GOVERNMENT, INC., 1910
North Florida Mango Road, West Palm Beach, Florida 33409, a Florida corporation
(“CONTRACTOR”).
RECITALS
WHEREAS, on December 8, 2021, the VILLAGE executed an Agreement with CONTRACTOR
for building inspection services (“Agreement”) in accordance with the terms, conditions and
pricing established in an existing, competitively bid Agreement for Services with the Town of
Jupiter; and
WHEREAS, the parties wish to execute an Amendment to the Agreement to increase the total
amount of compensation from $25,000 to $65,000.00.
NOW THEREFORE, in consideration of the mutual promises set forth herein in the Agreement,
as amended, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The recitals set forth above are true and correct and are fully incorporated herein by
reference.
2. Section 5 of the Agreement is hereby amended to increase the total compensation paid
by the VILLAGE to CONTRACTOR from $25,000.00 to $65,000.
3. All other terms of the Agreement, to the extent not specifically modified herein, shall
remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
C.A.P. GOVERNMENT, INC.
By:
Print Name: __________________________
Position: _____________________________
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
By:_______________________________
Deborah Searcy, Mayor
ATTEST:
By:_______________________________
Jessica Green, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: _______________________________
Village Attorney
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Council
FROM: Andrew D. Lukasik, Village Manager
DATE: June 30, 2022
SUBJECT: RESOLUTION: Approving an Amendment to a Contract with 2GHO for
Lighthouse Drive Streetscape/Traffic Calming Design Services (Task 3)
in the amount of $84,349.
Village Staff is recommending the approval of an Amendment to the Contract with Gentile
Glas Holloway O’Mahoney & Associates, Inc. (2GHO) for streetscape/traffic calming design
services for Lighthouse Drive in the amount of $84,349. The scope of the initial contract,
which was approved by the Village Council through the adoption of Resolution No. 2019-01
on January 10, 2019, includes conceptual designs and public engagement associated with
the Prosperity Farms Road Bridge, the U.S. Highway One Bridge (north of Northlake
Boulevard) and Lighthouse Drive (including the bridge). The Amendment pertains only to
Task 3, which addressed Lighthouse Drive, and is being contemplated due to the time
elapsed since the original agreement, which has been longer than originally anticipated. The
revised Task 3 is a reduction in the scope of work.
Background:
The Village of North Palm Beach Citizens’ Master Plan Report (2016) identified a number of
infrastructure projects that the Village was encouraged to pursue in order to work toward the
vision identified by the members of the community who participated in the charrette process.
Two high priority projects included in the plan were:
The creation of a signature design improvement on the Prosperity Farms Road
Bridge; and
The addition of bike lanes and traffic calming to Lighthouse Drive.
Additionally, a lower priority project included the creation of a boardwalk/trail along the south
side of the Earman River near the U.S. Highway One Bridge.
Engineering and design work associated with the US1 and Prosperity Farms Road Bridges
(both over the Earman River) are well underway. The subject of this amendment to the
contract is limited to Task 3 of the initial contract – which is related to streetscape and traffic
calming designs for Lighthouse Drive.
Lighthouse Drive (Task 3):
Lighthouse Drive is a key neighborhood street that provides an east-west route through the
Village, including bridging across the North Palm Beach Waterway. Speeding was raised
as a concern during the Citizens’ Master Plan charrette process, as well as a desire to
improve the design of the road as a unifying corridor through the neighborhoods. A key
recommendation of the plan was to evaluate what type of traffic calming elements could be
utilized on Lighthouse Drive.
It should be noted that residents who live on Lighthouse Drive have recently expressed
concerns about the speed of vehicles using Lighthouse Drive and have circulated petitions
requesting the use of speed humps to address this concern.
2GHO will study the options to beautify th is street, add traffic calming features to slow the
traffic down and enhance pedestrian safety. 2GHO will also engage the public in the
prioritization of these strategies.
Scope and Cost for Lighthouse Drive (Task 3):
For their work on Lighthouse Drive, 2GHO will develop conceptual designs that will address
the community’s desire to manage traffic speeds, enhance pedestrian safety and beautify
the corridor. The scope of work will include a public engagement process to prioritize these
strategies. The cost for the revised scope of work is $84,349. Compared to the scope of
Work in the Contract approved in January, 2019, the revised scope for Task 3 eliminates
work associated with the Lighthouse Bridge and results in a slight reduction in the cost
(originally $87,727).
The attached Resolution and Amendment to the Contract have been prepared and/or
reviewed for legal sufficiency by the Village Attorney.
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
Infrastructure
Surtax
Public Works/
Streets & Grounds I7321-66210 Construction &
Major Renovation $84,349
Recommendation:
Village Staff is recommending Village Council consideration and approval of the attached
Resolution approving an Amendment to the Contract with 2GHO for conceptual streetscape
and traffic calming design services to revise Task 3 relating to Lighthouse Drive to modify
the scope and reduce the cost to $84,349, with funds expended from the Infrastructure
Surtax Fund Account No. I7321-66210 (Streets & Grounds – Construction & Major
Renovation), and authorizing the Mayor and Village Clerk to execute the Amendment in
accordance with Village polices and procedures.
RESOLUTION 2022 -
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT
WITH GENTILE GLAS HOLLOWAY O’MAHONEY & ASSOCIATES, INC. FOR
CONCEPTUAL BRIDGE AND STREETSCAPE DESIGNS FOR PROSPERITY
FARMS ROAD, U.S. HIGHWAY ONE AND LIGHTHOUSE DRIVE AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2019-01 on January 10, 2019, the Village Council
approved a Contract with Gentile Glas Holloway O’Mahoney & Associates, Inc. for conceptual and
streetscape designs for Prosperity Farms Road, U.S. Highway One and Lighthouse Drive; and
WHEREAS, the parties have agreed to amend the Contract to modify the Scope of Work relating to
Lighthouse Drive and reduce the amount of compensation; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Amendment to the Contract with Gentile Glas
Holloway O’Mahoney & Associates, Inc. for preparation of conceptual bridge and streetscape designs,
a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and
Village Clerk to execute the Amendment on behalf of the Village. The cost of the revised Scope of
Work for Lighthouse Drive shall not exceed $84,349, with funds expended from Account No. I7321-
66210 (Infrastructure Surtax – Streets & Grounds - Construction & Major Renovation). The revised
Scope of Work set forth in the Amendment results in a net reduction of the total amount of compensation
from $176,605.00 to $173,227.00.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are herby repealed
to the extent of such conflict.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF ____________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1
AMENDMENT TO CONTRACT
This Amendment is made as of the _____ day of _______________, 2022, 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 GENTILE GLAS
HOLLOWAY O’MAHONEY & ASSOCIATES, INC., a Florida corporation, hereinafter referred
to as the CONSULTANT, whose Federal I.D. is 65-0033418.
WHEREAS, on January 10, 2022, the parties executed a Contract for the preparation of conceptual
designs and budgets for streetscape improvements relating to the Prosperity Farms Road Bridge
(Project 1), the U.S. Highway One Bridge north of Northlake Boulevard (Project 2), and Lighthouse
Drive, including the Lighthouse Drive Bridge (Project 3); and
WHEREAS, the parties wish to modify and reduce the Scope of Work for Project 3 relating to
Lighthouse Drive to eliminate the work associated with the Lighthouse Drive Bridge and reduce
the amount of compensation.
NOW, THEREFORE, in consideration of this promises and mutual covenants and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, the
VILLAGE and CONSULTANT agree as follows:
1. The foregoing recitals are ratified as true and correct and are incorporated herein by
reference.
2. The parties hereby agree to modify the Scope of Work for Project 3 (Lighthouse Drive) in
accordance with the attached proposal from CONSULTANT last modified on June 16, 2022, a copy
of which is attached hereto as Exhibit “A” and incorporated herein by reference. The revised cost
for Project 3 is $84,349, thereby resulting in a net reduction of $3,378.00 to the total amount of
compensation paid by the VILLAGE to CONSULTANT pursuant to Section 4.A of the Contract.
3. To the extent not expressly modified herein, all other terms and conditions of the Contract
shall remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONSULTANT hereto have made and executed
this Amendment as of the day and year first above written.
CONSULTANT
GENTILE GLAS HOLLOWAY O’MAHONEY & ASSOCIATES, INC.
By:
Print Name:
Position:
Page 2
VILLAGE OF NORTH PALM BEACH
BY:
DEBORAH SEARCY, MAYOR
ATTEST:
BY:
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
NPB Project 3
Lighthouse Drive
Scope of Work
May 24, 2022, June 16, 2022 (revised and updated from 2018)
Scope of Work:
The Parties agree that the Scope of Work that the Consultant shall do for the Client shall be defined as follows:
Lighthouse Drive: Develop conceptual design(s) for Lighthouse Drive in North Palm Beach consistent with the Village
Citizen’s Master Plan Report. Lighthouse Drive is a key neighborhood street that connects the entire Village in an east-
west route, including bridging across the North Palm Beach Waterway. Speeding was raised as a concern during the
Citizens’ Master plan charrette process as well as a desire to improve the design of the road as a unifying corridor through
the neighborhoods. A key recommendation of the plan was to evaluate what type of traffic calming elements could be
incorporated on Lighthouse Drive. A comprehensive list of traffic calming strategies is listed in the Report and will all be
considered in evaluating Lighthouse Drive by the Design Team.
We understand the desire of the Village to study options to beautify this street and add traffic calming features to slow
traffic down, enhance pedestrian safety, and engage the public in the prioritization of strategies using the survey already
completed.
While As the bridge is not slated to be replaced in the near foreseeable future, the Design Team 2GHO will work with the
Village’s Team of professionals to also explore options available to keep the clearance for boats while providing
accessible sidewalks as part of the design concepts for the whole road. Significant challenges to meeting current
standards, if possible, include the location of homes on either side which would be affected by accessible grading. The
Village will want to evaluate design options (including public engagement), work with regulatory agencies on any
exemptions that might be required when replacing the bridge and develop cost estimates early in the process to assist
with grant applications. The Design Team will provide graphics of solutions.
NOTE: A full survey of the roadway has been completed (2018).
TASK 1: INVENTORY: The Consultant’s Design Team shall:
A. Establish the Team (including Staff), each one’s duties and the communications chain.
1. Assist Staff in establishing the schedule and dates for deliverables.
2. Elicit and Determine Client’s goals and budget.
3. Assist Staff in exploring funding and said deadlines.
B. Inventory the site and surrounding area:
1. Environmental conditions – ecosystems, vegetation,
2. Physical elements – the built environment, drainage, conditions, use by different modals methods,
3. Regulatory criteria affecting the site (local, county, FDOT, drainage, utilities)
C. Assist Staff in gathering stakeholder input, organized through an interactive web site hosted through the
Village’s web site (by staff), Next Door, Social Media and via one or all of the following:
1. On-line surveys
2. Paper surveys – weekend handouts
3. (1) Workshop
4. Interviews (1 day)
DELIVERABLES: Two (2) Team meetings
Stakeholder survey form development/interviews
Inventory Reports:
NPB Streetscape Project 3 Lighthouse Drive #18-1016.2
June 16, 2022
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Civil Engineering Report on existing conditions
Traffic Study of existing conditions and volume potential
Due Diligence evaluation of surrounding properties
Report to Village Council
SCHEDULE: TBD Duration approximately 5 weeks
TASK 2: ANALYSIS: The Consultant’s Design Team shall prepare appropriate analysis that relates to the streetscape
development of the specific site. The Design Team will consult with appropriate agencies having jurisdiction over
the project work site. At this time, the Team will explore the performance metrics and determine which metrics
are most appropriate to follow through on the project.
DELIVERABLES: Analysis of (if applicable):
User Surveys/Interviews
Vegetative & Visual Resource
Utility
Traffic & Circulation – all modalities
Contextual
Up to three (3) Team Meetings
Up to four (4) Weekly Conference calls
Two (2) updates for the Project Web Site
Village Council Presentation & Report (1)
SCHEDULE: TBD Duration approximately 5 weeks
TASK 3: DESIGN CONCEPTS: The Consultant’s Design Team shall prepare a conceptual design options for the project
site. The designs or variations on a design shall be developed in plan view, section, elevation and perspective
utilizing hand drawn graphics and computer aided graphics to fully convey the design intent of the Design Team
at a level understood by the stakeholders. The designs will be evaluated through performance matrixes and cost
estimates.
DELIVERABLES: Minimum two different design alternative solutions, rendered and colored
Supporting graphics and sketches to understand the character of proposed design(s)
Development of the criteria for the selected performance metrics
Up to three (3) Team Meetings with Staff & Engineering Department
Up to four (4) Weekly Conference calls
Probable Cost Estimates
SCHEDULE: TBD Duration approximately 7 weeks
TASK 4: STAKEHOLDER FEEDBACK: The Consultant’s Design Team shall prepare for and facilitate a public workshop
presenting the design ideas developed to date. The Team will elicit feedback and ideas from the stakeholders.
The ideas will be reviewed by the full Team to determine the final design idea. Interactive web site feedback will
also be elicited for those not able to attend a face-to-face workshop.
DELIVERABLES: One (1) Public Workshop (2GHO)
One (1) Village Council Presentation (2GHO)
Assist in developing an interactive web-based stakeholder survey/input
Up to two (2) Team Meetings (2GHO)
Up to three (3) Weekly Conference calls (2GHO)
NPB Streetscape Project 3 Lighthouse Drive #18-1016.2
June 16, 2022
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SCHEDULE: TBD Duration approximately 5 weeks to organize
TASK 5: FINAL DESIGN CONCEPT: The Consultant’s Design Team shall provide a Final Design Concept for said site
based upon the initial design concepts and the feedback from the stakeholders. All graphic material and
workshop findings will be reported and posted to the web site. The Final Design Concept will be vetted by the
Design Team to provide relative surety that the project design will be able to be permitted and approved to be
built by various agencies.
DELIVERABLES: Various Suitable Graphics which may include plans, elevations, sections and
perspectives
Probable Cost Estimate Update
Up to three (3) Team Meetings
Up to two (2) Weekly Conference calls
SCHEDULE: TBD Duration approximately 8 weeks
TASK 6: FINAL PRESENTATION: The Consultant’s Design Team shall prepare and facilitate a presentation of the Final
Design, summarizing the process and the findings. All graphic material and workshop findings will be reported
and posted to the web site.
DELIVERABLES: Final Design Submittal
Probable Cost Estimate Update
Associated reports/findings
Representation to & approval of Final Concept by Village Council (2GHO & KA)
SCHEDULE: TBD Duration approximately 2 weeks
TASK 7: ON-GOING AGENCY COORDINATION: The Consultant’s Design Team shall continue to be available to assist
the Village especially with/for grant funding resources as the traffic calming strategies are designed and
permitted through the Village. The Design Team can also assist in agency coordination and monitoring as
requested. These services will be done hourly or via separate contract.
DELIVERABLES: TBD
SCHEDULE: TBD
Client:_________
Consultant:_________
NPB Streetscape Project 3 Lighthouse Drive #18-1016.2
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NPB Project 3
NPB Lighthouse Drive
Compensation
COMPENSATION
A. Compensation for services rendered by the Consultant Team, TASK 1 Inventory shall be a fixed fee of Twenty-One
Thousand Four Hundred Seventy-Five Dollars ($21,475.00) including reimbursable as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 10,678.00
KA (Civil Engineering) $ 8,180.00 (includes $200 Reimbursables)
PTC (Traffic Engineers) $ 2,617.00
B. Compensation for services rendered by the Consultant Team, TASK 2 Analysis shall be a fixed fee of Fourteen
Thousand Three Hundred and Forty-Six Dollars ($14,346.00) including reimbursable as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 9,924.00
KA (Civil Engineering) $ 3,960.00
PTC (Traffic Engineers) $ 462.00
C. Compensation for services rendered by the Consultant Team, TASK 3 Design Concepts shall be a fixed fee of
Eighteen Thousand Eight Hundred Twenty-Three Dollars ($18,828.00) including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 7,944.00
KA (Civil Engineering) $ 9,960.00
PTC (Traffic Engineers) $ 924.00
D. Compensation for services rendered by the Consultant Team, TASK 4 Stakeholder Feedback shall be a fixed fee of
Seven Thousand Eight Hundred Sixty-Four Dollars ($7,864.00) including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 7,864.00
KA (Civil Engineering) $ 0
PTC (Traffic Engineers) $ 0
E. Compensation for services rendered by the Consultant Team, TASK 5 Final Design Concept shall be a fixed fee of
Fourteen Thousand Five Hundred Eighty-Four Dollars ($14,584.00) Including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 6,824.00
KA (Civil Engineering) $ 7,760.00
PTC (Traffic Engineers) $ 0
F. Compensation for services rendered by the Consultant Team, TASK 6 Final Presentation shall be a fixed fee of
Seven Thousand Six Hundred Fifty-One Dollars ($7,651.00) Including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 6,151.00
KA (Civil Engineering) $ 1,500.00
PTC (Traffic Engineers) $ 0
G. Compensation for services rendered by the Consultant Team, TASK 7 Post Design Coordination shall be
determined as necessary at a future date.
NPB Streetscape Project 3 Lighthouse Drive #18-1016.2
June 16, 2022
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FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 0
KA (Civil Engineering) $ 0
PTC (Traffic Engineers) $ 0
REIMBURSABLE EXPENSES
*All fixed fees include reimbursable expenses which is limited to covering printing, mailing, local mileage and long-
distance calls.
Total:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 49,385.00
KA (Civil Engineering) $ 31,360.00
PTC (Traffic Engineers) $ 3,604.00
2GHO Coordination (7%) $ 0.00
TOTAL $84,349.00
Client:_________
Consultant:______
06.16.22
POSITION HOURS RATE TOTAL REIMBURS.TOTAL
TASK 1 Inventory PRINCIPAL 2 $235.00 $470.00
PROJECT MANAGER 18 $195.00 $3,510.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 24 $145.00 $3,480.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 8 $90.00 $720.00
CADD/DRAFTSMAN 28 $75.00 $2,100.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.4 $37.00 $148.00
Sub-Total $10,428.00 250.00$ $10,678.00
TASK 2 Analysis PRINCIPAL 0 $235.00 $0.00
PROJECT MANAGER 18 $195.00 $3,510.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 26 $145.00 $3,770.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 4 $130.00 $520.00
PLANNER 0 $90.00 $0.00
CADD/DRAFTSMAN 24 $75.00 $1,800.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.2 $37.00 $74.00
Sub-Total $9,674.00 250.00$ $9,924.00
TASK 3 Design Concepts PRINCIPAL 2 $235.00 $470.00
PROJECT MANAGER 12 $195.00 $2,340.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 18 $145.00 $2,610.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 0 $90.00 $0.00
CADD/DRAFTSMAN 24 $75.00 $1,800.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.2 $37.00 $74.00
Sub-Total $7,294.00 650.00$ $7,944.00
TASK 4 Stakeholder Feedback PRINCIPAL 3 $235.00 $705.00
PROJECT MANAGER 16 $195.00 $3,120.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 12 $145.00 $1,740.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 0 $90.00 $0.00
CADD/DRAFTSMAN 15 $75.00 $1,125.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.2 $37.00 $74.00
Sub-Total $6,764.00 1,100.00$ $7,864.00
TASK 5 Final Design Concept PRINCIPAL 2 $235.00 $470.00
PROJECT MANAGER 8 $195.00 $1,560.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 16 $145.00 $2,320.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 0 $90.00 $0.00
CADD/DRAFTSMAN 24 $75.00 $1,800.00
SR. DESIGNER 0 $100.00 $0.00
DESIGNER 0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.2 $37.00 $74.00
Sub-Total $6,224.00 600.00$ $6,824.00
TASK 6 Final Presentation PRINCIPAL 4 $235.00 $940.00
PROJECT MANAGER 12 $195.00 $2,340.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 8 $145.00 $1,160.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 0 $90.00 $0.00
EXHIBIT
Hours Summary for Project #3
NPB Lighthouse Drive
2GHO #18-1016.2
WORK ACTIVITY
CADD/DRAFTSMAN 14 $75.00 $1,050.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.3 $37.00 $111.00
Sub-Total $5,601.00 550.00$ $6,151.00
TASK 7 Post Construction PRINCIPAL 0 $235.00 $0.00
PROJECT MANAGER 0 $195.00 $0.00
PRINCIPAL PLANNER/LA 0 $195.00 $0.00
SR. LANDCAPE ARCH 0 $145.00 $0.00
LANDSCAPE ARCH 0 $110.00 $0.00
SR. PLANNER 0 $130.00 $0.00
PLANNER 0 $90.00 $0.00
CADD/DRAFTSMAN 0 $75.00 $0.00
SR. DESIGNER (LA)0 $100.00 $0.00
DESIGNER (LA)0 $90.00 $0.00
SR. ADMIN. ASSIST.0 $53.00 $0.00
ADMIN. ASSIST.0 $37.00 $0.00
Sub-Total $0.00 $0.00
357 $45,985.00 3,400.00$ #########
$3,400.00
49,385.00
KA 06.16.22 31,360.00
PTC 3,604.00
$34,964.00
Management 0%$0.00 34,964.00
Total all Consultants 84,349.00
Reimbursable Allowance
Total
Total Contract Amount
\
POSITION HOURS RATE TOTAL
TASK 1 Inventory
Project orientation and kick off meeting; Regulatory Criteria review Principal 0 $275.00 $0.00
Research and collaboration; Civil Report on opportunities Project Director 12 $250.00 $3,000.00
and constraints Senior Project Manager 20 $200.00 $4,000.00
Prepare letter report Senior Project Engineer 4 $165.00 $660.00
Two meetings Clerical / Administrative Assistant 4 $80.00 $320.00
Sub-Total $7,980.00
$200.00
Sub Total Task 1 $8,180.00
Analysis Project Director 8 $250.00 $2,000.00
TASK 2 General Consulting Senior Project Manager 8 $200.00 $1,600.00
2 meetings Clerical / Administrative Assistant 2 $80.00 $160.00
2 conference calls Sub-Total $3,760.00
Reimbursable Allowance $200.00
Sub Total Task 2 $3,960.00
Design Concepts Project Director 8 $250.00 $2,000.00
TASK 3 Coordinaton with owner; Consulting design and review of design;Senior Project Manager 16 $200.00 $3,200.00
Potential design concepts and permittability, etc.; Review concepts Project Engineer 8 $130.00 $1,040.00
with team; one meeting with the Owner; Cost Estimates Senior Project Manager 4 $200.00 $800.00
Senior Project Manager 12 $200.00 $2,400.00
2 team neeting Clerical / Administrative Assistant 4 $80.00 $320.00
3 conference calls Sub-Total $9,760.00
Reimbursable Allowance $200.00
Sub Total Task 3 $9,960.00
Final Design Concept Project Director 4 $250.00 $1,000.00
TASK 5 Coordinaton with owner; Consulting design and review of design;Senior Project Manager 16 $200.00 $3,200.00
Final design concepts and permittability, etc.; Review concepts Clerical / Administrative Assistant 2 $80.00 $160.00
with Team; One meeting with the Owner; Cost estimates Senior Project Manager 4 $200.00 $800.00
2 team neetings Senior Project Manager 12 $200.00 $2,400.00
2 Conference calls Sub-Total $7,560.00
$200.00
Sub Total Task 5 $7,760.00
Final Presentation Project Director 2 $250.00 $500.00
TASK 6 Cost Estimate "quick" review; no meeting to present Senior Project Manager 4 $200.00 $800.00
Sub-Total $1,300.00
Reimbursable Allowance $200.00
Sub Total Task 6 1,500.00
Original fee adjusted for rate changes plus reimb.$31,360.00
Total Contract Amount $31,360.00
Reimbursable Allowance
Reimbursable Allowance
EXHIBIT "A"
Hours Summary for Project #3
NPB Lighthouse Drive
2GHO #18-1014
Subconsultant KA
WORK ACTIVITY
Revised Rates 6 16 22
DATE
POSITION HOURS RATE TOTAL REIMBURSABLE
TASK 1 Inventory Principal 7 $231.00 $1,617.00 2 Day Speed Counts
Sub-Total $1,617.00 at 2 Locations
1,000.00$
TASK 2 Analysis Principal 2 $231.00 $462.00
Sub-Total $462.00 -$
TASK 3 Design Concepts Principal 4 $231.00 $924.00
Sub-Total $924.00 -$
13 3,003.00$ 1,000.00$
1,000.00$
4,003.00$
Total Contract Amount
Reimbursable Allowance
Total
EXHIBIT
Hours Summary for Project #3
NPB Lighthouse Drive
2GHO #18-1016
Subconsultant PTC
WORK ACTIVITY
PTC
Transportation Consultants
2005 Vista Parkway, Suite 111
West Palm Beach, FL 33411-6700
(561) 296-9698
Certificate of Authorization Number: 7989
Proposal 22-020 5-25-22 Pinder Troutman Consulting, Inc.
May 25, 2022
Ms. Emily O’Mahoney
2GHO
1907 Commerce Lane, Suite 101
Jupiter, FL 33458
Re: NPB – Lighthouse Drive - #PTC22-020
Proposal for Traffic Engineering Services
Dear Ms. O’Mahoney:
Pinder Troutman Consulting, Inc. (PTC) is pleased to submit our proposal to undertake the
transportation planning and traffic engineering services related to this project. As part of the North
Palm Beach (NPB) Streetscape program, it is proposed to develop conceptual designs for Lighthouse
Drive. In general, our services will include traffic analyses to support the design. The scope of services
for our work effort is divided into three (3) tasks as detailed on the attached Exhibit A.
The scope of services in this agreement is limited to traffic analyses. No design or safety analyses are
included in the scope. Information provided regarding roadway and intersection geometrics is
conceptual in nature and subject to final design by others.
The stipulated lump sum fees are detailed below. The tasks and supporting fees in this agreement are
all interrelated. Approval of individual tasks may require adjustments of the relevant fees. This
proposal must be accepted within thirty (30) days of its date. If not accepted within that time period,
PTC reserves the right to re-evaluate the terms and conditions contained herein.
Project Fees: Lump Sum Fee
Task 1 Inventory
Reimbursables - 2 Day Speed Counts – 2 Locations
Task 2 Analysis
Task 3 Design Concepts
$1,617.00
$1,000.00
$462.00
$924.00
Ms. O’Mahoney
Re: Proposal – PTC22-020
May 25, 2022
Page 2
Proposal 22-020 5-25-22 Pinder Troutman Consulting, Inc.
Delivery of any documents produced under this agreement will not be required until all balances,
due as of the date of delivery, are received. Compounded interest at a rate of 1.5% per month will
be applied if invoices are not paid within 30 days. If any debt collection services are required, the
Client agrees to pay all fees including reasonable attorney’s fees. In the event that Client disagrees
with any amount due under an invoice, Client agrees that they shall communicate such a
disagreement to PTC in writing within 30 days of the invoice date. Any claim not made within that
period shall be deemed waived.
Please sign below if you concur with the contents of this agreement.
Sincerely, Accepted by Client:
_________________________________ Signature: ______________________________
Andrea M. Troutman, President
Pinder Troutman Consulting, Inc. Print Name: ____________________________
Date: ___________________________ Date: __________________________________
Email: atroutman@pindertroutman.com Email: _________________________________
May 25, 2022
EXHIBIT A
SCOPE OF SERVICES
NPB – LIGHTHOUSE DRIVE - #PTC22-020
Proposal 22-020 5-25-22 Pinder Troutman Consulting, Inc.
TASK 1 – INVENTORY
• Conduct a two-day speed study at two locations on Lighthouse Drive.
• Provide level of service analysis of existing traffic conditions.
• Review signing and marking of corridor.
• Provide summary report of traffic analysis and data collection.
TASK 2 – ANALYSIS
• Provide input on level of service standards requirements and general bicycle and pedestrian
design criteria.
TASK 3 – DESIGN CONCEPTS
• Provide traffic input on proposed design concepts.
• Participate in a maximum of two (2) Team meetings and/or teleconferences.
Project Deliverable: Task 1
Existing Traffic Conditions Letter Report.
Project Schedule: Task 1
6 Weeks from Notice to Proceed.
VILLAGE OF NORTH PALM BEACH
Golf Operations via Country Club Department
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
Beth Davis, General Manager
FROM Allan Bowman, Head Golf Professional
DATE: June 13, 2022
SUBJECT: RESOLUTION – Approving a contract in the amount of $ 256,207.00 to Sullivan Pump to replace the current Pump Station per the RFP.
Village Staff is seeking Council consideration and approval for a contract in the amount of $256,207.00
plus 10% contingency to Sullivan Pump. A Request For Proposal was prepared to meet all Village
guidelines and purchasing policies.
A major component to growing grass is water in additional to fertilizer and sunlight. Our pump house
serves the water needs of the golf course, tennis operations and landscaping round the clubhouse.
The pump house was slated to have repair work in the amount of $ 80,000 per the FYE 2022 budget
(before factoring in inflationary dollars which would most likely increase the work needed to $
115,000). After evaluation – only one vendor could provide needed repairs that were budgeted for
the equipment and this would be against Village purchasing policies.
Upon further evaluation, the Village spent approximately $ 36,000 to replace only the pumps in 2018.
This was a short term solution as the internal workings (valves, skid, motors for pumps and electric
panels) were at the end of their life expectancy. The life expectancy for a pump house is
approximately 12-15 years and our current pump house was built in 2006). This pump house has
exceeded it life expectancy. Furthermore, due to our environment (South Florida), that includes salt
air and humidity which makes for a perfect combination for rust to accumulate; the current pumps
have produced water (packing on the pumps is inadequate which is allowing water to spray in the
pump house) which has aided in the corrosion of the valves and skid (which pumps with motors sit
on). Currently due to the perilous situation in the pump house – we are at risk for the skid (hold the
pumps in place) to collapse due to rust and age and currently we cannot turn off select valves in fear
of snapping the handles due to rust. This year we have already spent $ 25,000 in repairs to keep the
pump house operating and have another repair scheduled shortly (we have not got into the danger
time – hot summers when the course needs the most water and the pumps must operate at maximum
capacity - to date we also have not had an extended period without rain). In short, if the pump house
skids collapse it is most likely that the current pumps and motors would sustain severe damage which
would result in no water to the golf course and surrounding areas of clubhouse (including tennis).
Repairs would not be able to be completed fast enough (72-96 hours) to prevent the dying of the
grass on the golf course, irreparable damage to the tennis courts and landscaping of the clubhouse.
The entire replacement of the pump house was not budgeted in the CIP plan for FYE 2022 however
golf operations currently has a large operating surplus (revenue) that can easily absorb the additional
dollars in FYE 2022.
Thru June Golf Revenues:
Green Fee / Cart Rentals / Membership has already exceeded annual budget by $ 307,507.00
Golf Shop Revenues have already exceeded annual budget by $ 92,264.00
Driving Range income has already exceeded annual budget $ 21,019.00
Projected Conservative revenue for the remainder of the year for these 3 categories listed above
equate to $ 493,153.00 (noted this forecast is less than last year’s actuals $ 558,793.00).
Conservatively revenues for golf operations would exceed budget by $ 913,943.00. Budget amount
for FYE 2022 equated to $4,235,400. Project total revenue for year-end $ 5,149,343.00
Expenses for golf operations, golf maintenance and debt service thru first 3 quarters are:
Budgeted amount = 4,019,338
Actual amount = $ 3,001,627
Thus we are on track for budget as we have spent 75% of budgeted money thru the first 3 quarters
of the fiscal year.
Current projections” Projected Revenue – budgeted expenses = net amount of $1,130,005.00
Per purchasing policy, the staff has obtained 3 bids thru the RFP process for this project:
Quote # 1 Sullivan Pump $ 256,207.00
Quote # 2 Hinterland Group $ 350,350.00
Quote # 3 FIS $ 218,319.00**
** bid reject as did not meet Fl statue Chapter 489. The statue indicates that this project is considered
a “construction project” thus all agencies bidding on the project must be a licensed contractor.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Amount
Country
Club Golf Operations L8045-66210 Construction and
Major Renovation $ 256,207.00
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Recommendation:
Village Staff is seeking Council consideration and approval for a contract in the amount of
per Village policies and procedures for a contract in the amount of $ 256,207.00 plus 10%
contingency to Sullivan Pump.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING A BID PROPOSAL FROM
SULLIVAN ELECTRIC & PUMP, INC. FOR THE REPLACEMENT OF THE
IRRIGATION PUMP STATION AT THE NORTH PALM BEACH COUNTRY
CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Village Staff issued a Request for Proposals for the manufacture and installation of
Golf Course Irrigation Pump Station at the North Palm Beach Country Club; and
WHEREAS, Village Staff recommended accepting the lowest responsive proposal submitted by
Sullivan Electric & Pump, Inc., including the add alternate for a manual transfer switch for the
pump house; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the bid proposal submitted by Sullivan Electric
& Pump, Inc. for the manufacture and installation of an irrigation pump station at the North Palm
Beach Country Club at a total cost of $256,207.00, with funds expended from Account No. L8045-
66210 (Golf Operations – Construction and Major Renovation). Including contingency, the total
project budget shall be $281,827.70. The Village Council further authorizes the Mayor and Village
Clerk to execute a contract relating to such services, a copy of which is attached hereto and
incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 9
CONTRACT
This Contract is made as of the _______ day of _____________, 2022, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to
as the VILLAGE, and SULLIVAN ELECTRIC & PUMP, INC., a Florida corporation, hereinafter
referred to as CONTRACTOR, whose Federal Employer I.D. Number is 59-2242421.
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 Golf Course Irrigation Pump Station 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, services and equipment necessary for
manufacture and installation of Golf Course Irrigation Pump Station, as required under the
VILLAGE’s Request for Proposals and CONTRACTOR’s proposal thereto, which are attached
hereto and incorporated herein by reference and 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. The goods and services to be provided by CONTRACTOR shall be commenced
subsequent to the execution and approval of this Contract and upon written notice from the
VILLAGE to proceed.
ARTICLE 2. TERM OF CONTRACT.
A. The term of the Contract shall commence upon the VILLAGE’s issuance of a Notice to
Proceed and shall remain in effect until all goods are delivered and all services performed.
Delivery and installation shall be coordinated by the VILLAGE and CONTRACTOR, provided,
however, that all services shall be complete by February 28, 2023.
B. 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.
ARTICLE 3. VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Public
Works Director. The Village Manager or Village Representative shall have the right at all
reasonable times during the term of this Contract to inspect or otherwise evaluate the work being
performed thereunder and the premises in which it is being performed.
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
(including the add alternate for a manual transfer switch) in an amount not to exceed Two
Hundred Fifty-Six Thousand Two Hundred Seven Dollars and No Cents ($256,207.00).
Page 2 of 9
B. 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.
C. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
D. 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.
E. 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. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
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.
Page 3 of 9
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 thirty (30) days’ prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of 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.
Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance
coverage as required in the Proposal Documents. All insurance, other than Worker’s
Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE as
an Additional Insured.
ARTICLE 10. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each bind 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 11. 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
Page 4 of 9
connection with this Contract.
ARTICLE 12. 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 13. 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.
ARTICLE 14. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
ARTICLE 15. AUTHORITY TO 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 th e 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 16. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 17. 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.
Page 5 of 9
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 b y the VILLAGE.
ARTICLE 18. 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.
ARTICLE 19. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
Sullivan Electric & Pump, Inc.
Attn: Gary T. Sullivan, President
1942 8th Avenue North
Lake Worth Beach, FL 33461
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 20. 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 21. 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
Page 6 of 9
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 22. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed
a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 23. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 24. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
ARTICLE 25. 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 Proposals and the CONTRACTOR’s Proposal, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 26. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 27. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 28. 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
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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.
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 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. E-VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with unauthorized aliens. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
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.
Page 8 of 9
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.
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.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
SULLIVAN ELECTRIC & PUMP, INC.
BY:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSIC A GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
CAPITAL IMPROVEMENT PLAN
2022 - 2026
Strategic Result :Department :
People and Organizational Performance Country Club Golf
Project Name : Year(s) :2022
Pumphouse Renovation
Project Description :
Link to Strategic Plan :
Need, Justification, Benefits :
Location & Area Map Project Photo
Comments :
Replacement of valves and pump skid to maintain operations and enhance safety for
staff/contractors.
The pump house needs to be in full working order. The interior is rusted with select valves not
working or in danger of failing and the skid, which supports the pumps, in a deteriorated condition
and in danger of collapse due to the extent of the corrosion.
Two years ago, the pumps were updated but the remainder of the building infrastructure was not
repaired/replaced.
The pump house is a critical component of the golf course infrastructure as it provides the irrigation water
necessary to maintain the course and landscaping around the course and clubhouse. If the pump house
fails (depending on what degree), the ability to get water to the golf course and other areas in the Village is
compromised. The operation of this equipment is necessary to address community Quality of Life issues as
well as the financial sustainability of the Country Club.
VILLAGE OF NORTH PALM BEACH
CAPITAL IMPROVEMENT PLAN
FINANCIAL INFORMATION
2022 - 2026
Project Name :
Strategic Result :
Department :
2022 2023 2024 2025 2026 Total
Project Budget :
Land acquisition $0
Planning / Design 0
Engineering 0
Construction 0
Equipment 80,000 80,000
Vehicle 0
Other 0
Total Budget $80,000 $0 $0 $0 $0 $80,000
Funding Sources :
Club revenues $80,000 $80,000
Grant revenues 0
Debt service 0
Other 0
Total Revenues $80,000 $0 $0 $0 $0 $80,000
Operating Impact:
Personnel $0
Operating 0
Capital 0
Other 0
Total Operating $0 $0 $0 $0 $0 $0
Comment(s):
Grant Information:
There may be operating efficiencies or avoidance of future costs
that result from the improvements, but these impacts are not
presently quantifiable and are believed to be marginal.
Pumphouse Renovation
People and Organizational Performance
Country Club Golf
N/A