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09-08-2022 REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, SEPTEMBER 08, 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 Chuck Huff Leonard G. Rubin Jessica Green Interim Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/CivicAlerts.aspx?AID=496 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held August 25, 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 Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS Regular Session Agenda, September 08, 2022 Page 2 of 3 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. 1ST READING OF ORDINANCES 2022-15 AND 2022-16 AD VALOREM TAX MILLAGE RATE AND BUDGET Consider a motion to adopt on first reading Final Ad-Valorem Tax Millage Rate and Approved Fiscal 2022-2023 Village Budget. 3. 1ST READING OF ORDINANCE 2022-17 – CODE AMENDMENT – FIRE AND POLICE PENSION PLAN Consider a motion to adopt on first reading Ordinance 2022-17 amending Division 4, "Pension and Certain other Benefits for Fire and Police Employees," of Article V, "Pensions and Retirement Systems," of Chapter 2, "Administration," of the Village Code of Ordinances by Amending Section 2-159, "Creation of Trust and Definitions," Section 2-161, "Benefit Amounts," and Section 2- 163, "Contributions," to amend the calculation of Police Officer Retirement Benefits to increase the multiplier used to calculate Retirement Benefits, modify the Maximum Cap and increase the Employee Contribution for Police Officer Members. 4. PUBLIC HEARING AND RE-ADOPTION OF ORDINANCE 2022-12 ON 2ND READING – CODE AMENDMENT – THREE TIER ASSESSMENT STRUCTURE FOR SINGLE-FAMILY RESIDENTIAL PROPERTIES Consider a motion to re-adopt and enact on second 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. PUBLIC HEARING AND RE-ADOPTION OF ORDINANCE 2022-13 ON 2ND READING – CODE AMENDMENT – MEETINGS AND GATHERINGS AT PARKS, PLAYGROUNDS AND RECREATION Consider a motion to re-adopt and enact on second 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-five persons. 6. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2022-14 – CODE AMENDMENT – REPEAL OF EXEMPT EMPLOYEE EMERGENCY DUTY Consider a motion to adopt and enact on second reading Ordinance 2022-14 amending Chapter 8, "Emergency Management," of the Village Code of Ordinances to repeal Article III, "Exempt Employee Emergency Duty" providing for the compensation of Disaster-Related Emergency Work during a Declared State of Emergency. 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. 7. MOTION – Approving of Change Order and Final Payment in the amount of $23,808 to J.W. Cheatham, LLC for milling, resurfacing and striping of various roadways throughout the Village. 8. RESOLUTION – Authorizing the submission of an application for State Aid to Libraries Grant Funding and authorizing execution of the Grant Agreement. 9. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with Al Packer, Inc. in the total amount of $30,000 for parts and repairs. 10. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with Nextran Truck Center, Inc. in the total amount of $35,000 for parts and repairs. 11. Receive for file Minutes of the Library Advisory Board meeting held 7/26/22. 12. Receive for file Minutes of the Infrastructure Surtax Oversight Committee meeting held 8/15/22. Regular Session Agenda, September 08, 2022 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 13. RESOLUTION – FIRE RESCUE DEPARTMENT AMBULANCE PURCHASE Consider a motion to adopt a resolution approving the purchase of one 2024 Freightliner M2 4-Door Cab with PL Custom Medium Duty Ambulance Module from South Florida Emergency Vehicles LLC at a total amount not to exceed $619,728.75; authorizing the Interim Village Manager to execute the Purchase Agreement and all required documents; and declaring an existing 2016 Freightliner/AEV Ambulance as surplus property and authorizing its disposal. 14. DISCUSSION – Ad Hoc Residential Code Committee remaining topics to analyze. 15. DISCUSSION – Village Manager Recruitment COUNCIL AND ADMINISTRATION MATTERS 16. ATTORNEY-CLIENT SESSION (Anchorage at Southwinds, LLC v. Village of North Palm Beach and Wayne Cameron (Case No. 50-2022-CA-04478-XXXX-MB): 1. Announcement of Attorney-Client Session (Mayor announces commencement of attorney-client session, estimated length (30 minutes) and names of persons attending – members of the Village Council, Interim Village Manager and Village Attorney) 2. Convene Attorney-Client Session (Village Hall Conference Room) 3. Re-opening of public meeting and announcement of termination of Attorney-Client Session 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 AUGUST 25, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Mark Mullinix, Councilmember Chuck Huff, Interim Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Darryl C. Aubrey, Sc.D., Councilmember ROLL CALL Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present except for Councilmember Aubrey. 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 Eryn Russell, Ambassador for the Florida League of Cities presented Vice Mayor Norris with the Florida League of Cities' Mayor John Land Years of Service Award for serving as an elected official for the Village for twenty-five (25) years. Vice Mayor Norris thanked and expressed his appreciation to the Florida League of Cities, Village Council, the Village residents and his family for his award and the privilege to serve as an elected official for the Village of North Palm Beach. APPROVAL OF MINUTES The Minutes of the Regular Session held July 28, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Senator Bobby Powell, District 30, gave a 2022 Legislative update. Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 2 of 7 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-14 CODE AMENDMENT – REPEAL OF EXEMPT EMPLOYEE EMERGENCY DUTY A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt on first reading Ordinance 2022-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 8, “EMERGENCY MANAGEMENT,” OF THE VILLAGE CODE OF ORDINANCES TO REPEAL ARTICLE III, “EXEMPT EMPLOYEE EMERGENCY DUTY” PROVIDING FOR THE COMPENSATION OF DISASTER-RELATED EMERGENCY WORK DURING A DECLARED STATE OF EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the ordinance was to repeal the portion of the Village Code providing for emergency duty compensation for exempt employees during a declared local state of emergency since the recent update to the Village’s personnel rules and regulations provided for emergency pay for both non-exempt and exempt employees. Thereafter, the motion to adopt on first reading Ordinance 2022-14 passed with all present voting aye. President Pro Tem Bickel left the meeting. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. Vice Mayor Norris seconded the motion, which passed with all present voting aye. The following items were approved: Resolution approving a Grant Agreement with the Florida Department of Environmental Protection for the receipt of grant funds for preparation of the Village’s Stormwater Master Plan; and authorizing execution of the Agreement. Resolution approving and ratifying a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, Inc. to revise Article 27 of the Collective Bargaining Agreement as it applies to Assignment Pay; and authorizing the Interim Village Manager to execute the Memorandum of Understanding. Resolution approving a Contract with drive on Cart Path Systems, LLC for concrete cart path installation, curbing and panel replacement at the North Palm Beach Country Club Golf Course at a total cost not to exceed $50,000; and authorizing execution of the Contract. Resolution approving the design, installation and maintenance of Community Aesthetic Features located at U.S. Highway One within the Village; and authorizing the Interim Village Manager and Village Clerk to execute a Community Aesthetic Feature Agreement with the Florida Department of Transportation for decorative art wraps around traffic control boxes. Receive for file Minutes of the Business Advisory Board Meeting held 6/21/22. Receive for file Minutes of the Recreation Advisory Board Meeting held 7/12/22. Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 3 of 7 President Pro Tem Bickel returned to the meeting. RESOLUTION 2022-63 – STORMWATER MANAGEMENT UTILITY NON-AD VALOREM ASSESSMENT ROLL ADOPTION AND CERTIFICATION A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt Resolution 2022-63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND CERTIFYING THE NON-AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT FOR PARCELS OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the history and evolution of implementing a stormwater utility fee to fund the repair and maintenance of the Village’s stormwater system. Mr. Rubin explained that since a new three tier assessment fee structure was adopted, Florida Statutes Section 197.3632 required the adoption of the non-ad valorem assessment roll at a public hearing as if it were being levied for the first time. Thereafter, the motion to adopt Resolution 2022-63 passed with all present voting aye. RESOLUTION 2022-64 – AUDITOR SERVICES AGREEMENT A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE AUDITOR SELECTION COMMITTEE’S FINAL RANKING OF AUDITOR PROPOSALS, APPROVING AN AGREEMENT FOR AUDITING SERVICES WITH NOWLEN, HOLT & MINER, P.A. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that per Florida Statutes Section 218.391, the Village Council appointed the Audit Committee to serve as the Auditor Selection Committee and appointed Councilmember Aubrey to serve as Chair of the Committee. The Committee advertised a Request for Proposals for Audit Services and received four submittals. The Committee met on August 8th to score and rank the proposals. Nowlen, Holt & Miner, P.A. who was the current Village Auditor, scored and ranked the highest out of the four proposals and was also the firm that submitted the lowest cost proposal. The Committee recommended to Village Council to retain the services of Nowlen, Holt & Miner, P.A. as the Village’s Auditor. Tom Magill, Audit Committee Chair, expressed his appreciation for the assistance he received through the process of selecting an auditor and also thanked Mr. Nowlen of Nowlen, Holt and Miner, P.A. for his services. Thereafter, the motion to adopt Resolution 2022-64 passed with all present voting aye. Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 4 of 7 RESOLUTION 2022-65 – POWER STRETCHERS PURCHASE A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt Resolution 2022-65 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF TWO STRYKER POWER PRO 2 STRETCHERS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SAVVIK BUYING GROUP COOPERATIVE PURCHASING CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $66,800.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE RESCUE – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; DECLARING TWO EXISTING STRETCHERS AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Fire Chief J.D. Armstrong explained the necessity for the new stretchers. Chief Armstrong stated that the new stretchers self-load into the ambulance which reduces the stress on the backs of the paramedics. Thereafter, the motion to adopt Resolution 2022-65 passed with all present voting aye. RESOLUTION 2022-66 – MONITOR/DEFIBRILLATORS PURCHASE A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-66 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF FOUR LIFEPAK 15 V4 MONITOR DEFIBRILLATORS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SAVVIK BUYING GROUP COOPERATIVE PURCHASING CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $124,424.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE RESCUE – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; DECLARING FOUR EXISTING MONITOR/DEFIBRILLATORS AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Fire Chief J.D. Armstrong explained that the monitor/defibrillators were being replaced on their normal rotation schedule since they have met their life span of seven (7) years and were considered obsolete. Chief Armstrong explained that two (2) bids were received and Stryker Medical presented the lowest bid. Thereafter, the motion to adopt Resolution 2022-66 passed with all present voting aye. RESOLUTION 2022-67 – COUNTRY CLUB GOLF COURSE POND REPAIR AND STABILIZATION AND RETAINING WALL INSTALLATION A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt Resolution 2022-67 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND REPAIR AND STABILIZATION AND THE INSTALLATION OF A RETAINING WALL AND DRAINAGE IMPROVEMENTS AT THE Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 5 of 7 RESOLUTION 2022-67 – COUNTRY CLUB GOLF COURSE POND REPAIR AND STABILIZATION AND RETAINING WALL INSTALLATION continued NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE’S PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained that the purpose of the resolution was a continuation of last year’s CIP plan for golf course repairs and improvements. Mr. Bowman discussed and explained the different areas of the golf course that would be repaired and stabilized and where a retaining wall would be added at the 5th tee box along the Intracoastal Waterway. Thereafter, the motion to adopt Resolution 2022-67 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy asked Ms. Jacqueline Whelan to come up and make a delayed public comment. Jacqueline Whelan, 872 Fathom Court, expressed her concerns with the stormwater assessment of her property and asked if a reassessment of her property could be considered. Mr. Rubin explained that there was a provision in the code that allows the implementation of a rebate program for property owners who retain stormwater on site. Mr. Rubin stated that they cannot implement the program until the creation of the Stormwater Master Plan. Councilmember Mullinix stated that he reviewed the potential candidates for Village Manager and stated that they were impressive. Councilmember Mullinix expressed his opinion that Interim Village Manager Chuck Huff should be given the opportunity to become the Village Manager based upon his history with the Village and his recent performance as Acting Manager. Councilmember Mullinix stated that he has received numerous calls from residents recommending Mr. Huff for the Village Manager position. Councilmember Mullinix recommended that Council give Mr. Huff a six (6) to eight (8) month timeframe to demonstrate his ability to earn the Village Manager position. President Pro Tem Bickel stated that she also received numerous calls from residents regarding whether or not Council was considering Mr. Huff as Village Manager. President Pro Tem Bickel stated that she was on board with the recommendation but did not feel comfortable having full discussion on the matter until Councilmember Aubrey was able to be a part of the discussion. Vice Mayor Norris concurred and stated that the discussion regarding the Village Manager position should be placed on an agenda and at a meeting where Councilmember Aubrey is able to attend. Mayor Searcy stated that there were thirty-seven (37) qualified applicants for the Village Manager position and recommended that Council go through the Village Manager recruitment process as advertised. Discussion ensued between Councilmembers regarding the next step in the Village Manager Recruitment process. Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 6 of 7 MAYOR AND COUNCIL MATTERS/REPORTS continued It was determined that next steps in the Village Manager recruitment process would be discussed at the next Council meeting that Councilmember Aubrey would be able to attend. Mayor Searcy directed Human Resources Director Renee Govig to email the applicants the day after the meeting to give them a status update on the process and to thank them for their patience. President Pro Tem Bickel asked Chief Jenkins if Canine Officer Denney would be taken care of and receive all that is needed for his medical care. Chief Jenkins stated that Canine Officer Denney’s medical care would be covered by Workers Compensation and gave an update on his medical status. Mayor Searcy stated that the American Rescue Plan Act funds have been received by the Village. Mayor Searcy announced that a Business Networking Happy Hour would be taking place on Monday evening at Stormhouse Brewing at 5 p.m. Mayor Searcy announced that Coffee with a Cop would be taking place on September 10th from 9 a.m. to 12 p.m. in the Library Obert Room and encouraged residents to attend and get to know their police officers. Mayor Searcy announced that the first annual corn hole tournament would be taking place at the Community Center on September 17th and encouraged residents to attend. VILLAGE MANAGER MATTERS/REPORTS Building Recertification Building Official Wayne Cameron gave a status update on the County-wide Building Recertification program. Mr. Cameron gave a brief history of what had taken place in the program so far. Mr. Cameron explained that the Governor signed Senate Bill 4-D which requires visual inspections for condominium buildings three stories or higher that have been occupied for thirty (30) years, or twenty-five (25) years if the buildings are within three miles of a coastline; inspections are required every ten (10) years following the initial inspections. On August 23rd the Board of County Commissions agreed to move forward with the legislation in Senate Bill 4-D as passed. Mr. Cameron stated that there were seventy-nine (79) buildings in the Village that met the new statutory requirement. Mr. Cameron stated that staff would be working with the various Homeowner’s Associations to advise them on steps that need to be taken in the coming months. Mayor Searcy asked if an ordinance needed to be passed for the new legislation. Mr. Cameron explained that the Village would not have to pass an ordinance since it was a new state law. The County only took consideration to making modifications to the law. The County accepted the law as it was written. Mayor Searcy asked approximately how long it would take the Village to complete the process of recertifying the seventy-nine (79) buildings. Draft Minutes of the Village Council Regular Session held August 25, 2022 Page 7 of 7 Building Recertification continued Mr. Cameron stated that the law allowed until 2024 to complete the process. Mayor Searcy stated that the Ad Hoc Committee was requesting guidance from Council on next steps or items Council wanted reviewed. Council agreed to have a discussion or workshop on what items to ask the Ad Hoc Committee to review. Regulation of Smoking in Village Parks Mr. Rubin gave a brief history regarding the regulation of smoking in parks. Mr. Rubin stated that smoking in parks had been preempted by the state but recently the preemption was lifted for municipalities and counties. Mr. Rubin explained that smoking can now be regulated except for smoking cigars. Mr. Rubin asked Council if they had any interest in regulat ing smoking within their Village parks. Mr. Rubin discussed and explained what type of places or parks that would be excluded. Discussion ensued between Councilmembers and Chief Jenkins regarding the regulation of smoking in parks and how it would be enforced. Mary Phillips, 525 Ebbtide Drive, congratulated Vice Mayor Norris on receiving the Florida League of Cities' Mayor John Land Years of Service Award. Ms. Phillips stated that she is at Anchorage Park every day and has observed that smoking generates a lot of waste in the park. Council directed staff to draft an ordinance to regulate smoking in Village Parks. Mr. Rubin made a request for an Attorney Client Session with Council to discuss a lawsuit between Anchorage at Southwinds, LLC and the Village. Mr. Rubin was requesting the meeting in order to seek guidance in responding to an Order. Mr. Rubin recommended starting the session at the beginning or end of the next meeting and stated that the session shouldn’t take more than thirty (30) minutes. Discussion ensued between Councilmembers regarding when to start the Attorney Client Session at the next Council meeting. Council agreed to start the Attorney Client Session at the beginning of the next scheduled Council meeting on September 8th. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:17 p.m. VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Samia Janjua, Director of Finance DATE: September 8, 2022 SUBJECT: ORDINANCE – 1st Reading of Final Ad Valorem Tax Millage Rate; and 1st Reading of Approved Fiscal Year 2022-2023 Village Budget The attached Ad Valorem Tax Ordinance and Annual Budget Ordinance have been prepared for Council’s use in setting the Village’s Ad Valorem Tax Millage Rate and Annual Budget for the upcoming 2022-23 fiscal year. Council’s budget and millage rate adjustments will be incorporated into Budget Summary and Notice of Proposed Tax Increase advertisements that will be published in the Palm Beach Post prior to the Village’s final Ad Valorem Tax Millage Rate and Annual Budget hearing on September 22, 2022. The attached Ordinances establish and adopt the Village’s Fiscal Year 2022-2023 budget and set its annual millage rate at $7.0500 mils. This millage rate is 12.53% above the Village’s Fiscal Year 2022-2023 Rolled-Back Rate of $6.2648 mils. This year’s Budget Ordinance provides for an appropriation of $679,800 to be transferred to the Capital Projects Fund to finance the General Fund’s Capital Improvement Plan and an appropriation of $482,550 to be transferred to the Country Club Fund for the following items:  $382,550 to finance the Pool & Tennis operations; and  $100,000 for the contribution towards the community share of the Country Club Renewal & Replacement Fund The attached Ordinances have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: The Administration recommends Council actions as outlined below: 1. Attorney reads title of Ordinance establishing and adopting an Ad Valorem tax millage rate for the fiscal year commencing 10/1/22 and ending 09/30/23. 2. Attorney reads title of Ordinance adopting a budget for the fiscal year commencing 10/01/22 and ending 09/30/23. 3. Motion to adopt an Ordinance establishing the Ad Valorem Tax Millage Rate as required by Statute. 4. Motion to adopt an Ordinance adopting the Budget for Fiscal Year 2022-2023. 5. Staff presentation on BOTH Ad Valorem Tax Millage Rate and Budget. 6. Mayor Opens Public Hearing on BOTH Ad Valorem Tax Millage Rate and Budget. 7. Public Comment. 8. Mayor closes public hearing on BOTH Ad Valorem Tax Millage Rate and Budget. 9. Council discussion on BOTH Ad Valorem Tax Millage Rate and Budget. 10. Motion to Establish Ad Valorem Tax Millage Rate and Council vote on Ad Valorem Tax Millage Rate. 11. Mayor publicly announces: (1) rolled back rate; (2) percentage INCREASE over rolled back rate; (3) millage rate to be levied. 12. Council vote on Motion to Adopt Ordinance establishing the Ad Valorem Tax Millage Rate on 1st reading. 13. Council vote on Motion to Adopt Ordinance adopting the Budget on 1st reading. ORDINANCE NO. 2022-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE 4 FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR 5 COMMENCING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; 6 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS, the Village Council and Village Administration of the Village of North Palm Beach, 10 having reviewed the budget for the fiscal year commencing October 1, 2022 and ending September 11 30, 2023 (“Fiscal Year 2022/2023”), have established a millage rate to finance said budget and 12 meet the needs and requirements of the Village and its residents. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 15 OF NORTH PALM BEACH, FLORIDA as follows: 16 17 Section 1. The Village Council hereby establishes and adopts an ad valorem tax operating 18 millage rate of 7.0500 mils for Fiscal Year 2022/2023 and an ad valorem debt service millage rate 19 of 0.000 mils for a total ad valorem tax millage rate of 7.0500 mils or $7.05 per one thousand 20 dollars of taxable assessed property value. This millage rate is 12.53% above the rolled back rate 21 of 6.2648 mils. 22 23 Section 2. All ordinances or parts of ordinances and resolutions or parts of resolutions in 24 conflict herewith are hereby repealed to the extent of such conflict. 25 26 Section 3. This Ordinance shall be effective immediately upon adoption and implemented as 27 of October 1, 2022. 28 29 PLACED ON FIRST READING THIS 8th DAY OF SEPTEMBER, 2022. 30 31 PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF 32 SEPTEMBER, 2022. 33 34 35 36 (Village Seal) MAYOR 37 38 39 ATTEST: 40 41 42 VILLAGE CLERK 43 44 APPROVED AS TO FORM AND 45 LEGAL SUFFICIENCY: 46 47 48 VILLAGE ATTORNEY 49 Page 1 of 3 ORDINANCE NO. 2022-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF 4 THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR 5 COMMENCING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 6 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND 7 EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS 8 AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN 9 AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY 10 APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER 11 FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL 12 FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS 13 OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; 14 PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND 15 THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE 16 PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR 17 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, on September 8, 2022 and September 22, 2022, the Village Council conducted duly 20 advertised public hearings to review the proposed Annual Budget for the fiscal year commencing 21 October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023”) and has adopted a 22 final Annual Budget to meet the needs and requirements of the Village and its residents for the 23 upcoming fiscal year. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 26 OF NORTH PALM BEACH, FLORIDA as follows: 27 28 Section 1. The proposed Annual Budget for Fiscal Year 2022/2023 attached hereto as Exhibit 29 “A” and incorporated herein by this reference is hereby adopted and established as the Village of 30 North Palm Beach’s Annual Budget for Fiscal Year 2022/2023. 31 32 Section 2. The amounts allocated in the Annual Budget for expenditure effective October 1, 33 2022 are authorized in accordance with the purposes as set forth in the Annual Budget. 34 35 Section 3. The Annual Budget includes an appropriation in the amount of $679,800 to be 36 transferred to the Capital Projects Fund to finance the General Fund’s Capital Improv ement Plan 37 and an appropriation of $482,550 to be transferred to the Country Club Fund to both finance pool 38 and tennis operations and contribute toward the community share of the Country Club Renewal 39 and Replacement Fund. 40 41 Section 4. Except as otherwise provided herein, the Annual Budget establishes limitations on 42 expenditures by fund, and the total appropriation of each fund may not be increased or decreased 43 without specific authorization by a duly enacted Ordinance effecting such amendment or transfer. 44 45 Page 2 of 3 Section 5. The Comprehensive Pay Plan, as set forth in the Annual Budget, is hereby 1 approved. In the event that an authorized position is vacant and monies are available within a 2 department’s salary appropriation to fund a temporary appointment to the vacant position, the 3 Village Manager may appoint a temporary employee to fill said vacant position for a period not to 4 exceed 90 days. Said temporary appointment may be renewable for an additional 90-day period 5 and may only be made for the period pending the filling of the authorized position by a permanent 6 employee. The pay for a temporary employee shall be within the pay scale of an approved Village 7 Pay Plan position. The Village Council may revise the Comprehensive Pay Plan by Resolution 8 during the Fiscal Year without need to amend this Ordinance. 9 10 Section 6. The Master Fee Schedule for Fiscal Year 2022/2023, as set forth in the Annual 11 Budget, is hereby approved and adopted. The Village Council may revise the Master Fee Schedule 12 by Resolution during the Fiscal Year without need to amend this Ordinance. 13 14 Section 7. When the Village receives monies from any private or governmental source by gift, 15 grant, contribution or revenue share, to which there is attached as a condition of acceptance any 16 limitation regarding the use or expenditure of the monies received, the funds so received need not 17 be shown in the Annual Budget nor shall the Budget be subject to amendment or expenditure as a 18 result of the receipt of said monies. Said monies shall only be disbursed and applied toward the 19 purposes for which said funds were received. All monies received as contemplated by this section 20 shall be segregated and accounted for based on Generally Accepted Accounting Principles 21 (GAAP) and where appropriate, placed into separate and individual Governmental Fund accounts 22 from which monies are disbursed and applied in accordance with the terms and conditions of the 23 gift, grant or contribution. 24 25 Section 8. The omnibus appropriation and expenditure authorization set forth herein may be 26 temporarily or permanently suspended by Resolution of the Village Council if at any time it 27 appears that the projected revenue supporting the above-described budget is below anticipated 28 levels or may be temporarily or permanently suspended by Resolution of the Village Council for 29 any other reason or purpose deemed proper by the Village Council. 30 31 Section 9. Except as otherwise provided herein, in the event a variation from the total budget 32 appropriation is or becomes necessary, such variation shall only become legally effective upon the 33 adoption of an amending Ordinance consistent with Florida Statutes, the Village Charter and the 34 Village Code of Ordinances. 35 36 Section 10. All outstanding encumbrances for Non-Capital and Capital Expenditures on 37 September 30, 2022 shall lapse at that time, and all unexpended Capital Expenditure encumbrances 38 and appropriations and other encumbrances specifically designated to be carried over to the 39 subsequent year may be added to the corresponding approved 2022/2023 available budget balances 40 and be simultaneously re-appropriated for expenditure, as previously approved in the 2021/2022 41 Fiscal Year. 42 43 Section 11. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 44 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 45 such holding shall not affect the remainder of this Ordinance. 46 Page 3 of 3 Section 12. All ordinances or parts of ordinances and resolutions or parts of resolutions in 1 conflict herewith are hereby repealed to the extent of such conflict. 2 3 Section 13. This Ordinance shall be effective immediately upon adoption and shall be 4 implemented October 1, 2022. 5 6 PLACED ON FIRST READING THIS 8th DAY OF SEPTEMBER, 2022. 7 8 PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF 9 SEPTEMBER, 2022. 10 11 12 13 (Village Seal) MAYOR 14 15 16 ATTEST: 17 18 19 VILLAGE CLERK 20 21 APPROVED AS TO FORM AND 22 LEGAL SUFFICIENCY: 23 24 25 VILLAGE ATTORNEY 26 Combined Budget Summary (General Fund & Enterprise Funds) FY 2023 This is a combined budget summary for the General Fund, Country Club Fund and the Stormwater Utility Fund. Combined Budget Summary FY 2022 Adopted Budget FY 2023 Tentative Budget % increase / (decrease) $ increase / (decrease) Millage Rate (General Fund Only) $7.05 $7.05 0% $0 Budgeted Positions Full-Time 150 156 +6 N/A Part-Time 109 108 -1 Revenues Ad-Valorem Taxes $17,615,577 $19,860,848 12.75% $2,245,271 Non Ad-Valorem Assessment 518,112 500,000 -3.50% ($18,112) Utility Service Taxes 2,597,955 2,636,753 1.49% 38,798 Franchise Fees 1,298,000 1,381,000 6.39% 83,000 Sales & Use Taxes 287,881 303,226 5.33% 15,345 Licenses & Permits 1,310,200 1,625,500 24.07% 315,300 Intergovernmental 1,477,720 1,653,100 11.87% 175,380 Charges for Services 1,778,380 1,896,775 6.66% 118,395 Fines & Forfeitures 121,112 125,750 3.83% 4,638 Golf Greens/Cart/Walking fee 2,510,000 3,300,000 31.47% 790,000 Club membership revenues 1,070,500 1,139,700 6.46% 69,200 Golf shop revenues 462,500 668,000 44.43% 205,500 Driving range revenues 375,000 477,600 27.36% 102,600 Restaurant revenues 328,000 365,000 11.28% 37,000 Tennis & Pool Revenues 713,300 858,840 20.35% 145,180 Interest revenues 139,902 35,530 -74.60% (104,372) Transfer In 378,550 482,550 27.47% 104,000 Miscellaneous revenues 259,899 35,150 -86.48% (224,749) Total Revenues $33,242,588 $37,344,962 12.34% $4,102,374 Expenses General Government $3,428,083 $3,798,695 10.81% $370,612 Public Safety 10,517,083 12,142,013 15.45% 1,624,930 Public Works 6,029,558 6,221,170 3.18% 191,612 Community Development 1,746,989 1,695,666 -2.94% (51,323) Leisure Services 2,351,797 2,893,594 23.04% 541,797 Reserves & Contingencies 285,412 396,497 38.92% 111,085 Debt Service 2,282,736 2,327,786 1.97% 45,050 Transfer Out 1,038,550 1,162,350 11.92% 123,800 Golf 3,509,129 4,269,079 21.66% 759,950 Clubhouse Grounds 513,067 630,783 22.94% 117,716 Pool & Tennis 1,173,581 1,375,129 17.17% 201,548 Country Club Admin and F&B 366,603 432,200 17.89% 65,597 Total Expenses $33,242,588 $37,344,962 12.34% $4,102,374 Net $0 $0 $0 General Fund Budget Summary FY 2023 The General Fund is used to account for most of the day-to-day operations of the Village, which are financed from property taxes, fees, licenses, permits, fines and forfeitures, intergovernmental and other general revenue. A brief budget summary is provided below. Actual 09/30/2020 Actual 09/30/2021 FY 2022 Adopted Budget FY 2023 Tentative Budget % increase / (decrease) $ increase / (decrease) Millage Rate $7.5000 $7.5000 $7.0500 $7.0500 0% $0 Revenues Ad-Valorem Taxes $16,991,314 $17,629,392 $17,615,577 $19,860,848 12.75% $2,245,271 Utility Service Taxes 2,558,092 2,539,175 2,597,955 2,636,753 1.49% 38,798 Franchise Fees 1,304,936 1,354,110 1,298,000 1,381,000 6.39% 83,000 Sales & Use Taxes 273,428 283,233 287,881 303,226 5.33% 15,345 Licenses & Permits 1,320,361 1,574,640 1,310,200 1,625,500 24.07% 315,300 Intergovernmental 2,057,271 1,826,787 1,477,720 1,653,100 11.87% 175,380 Charges for Services 2,171,956 1,727,413 1,778,380 1,896,775 6.66% 118,395 Fines & Forfeitures 195,198 153,849 121,112 125,750 3.83% 4,638 Interest 490,498 70,891 129,902 35,530 -72.65% (94,372) Capital Lease Acquisitions 1,009,529 1,682,018 0 0 0.00% $0 Miscellaneous 160,151 296,240 11,680 11,600 -0.68% (80) Total Revenues $28,532,733 $29,137,747 $26,628,407 $29,530,082 10.90% $2,901,675 Expenditures General Government $3,262,340 $3,504,047 $3,428,083 $3,798,695 10.81% $370,612 Public Safety 10,102,249 10,550,874 10,517,083 12,142,013 15.45% 1,624,930 Public Works 5,443,660 5,456,227 5,511,446 5,721,170 3.81% 209,724 Community Development 1,385,314 1,295,219 1,746,989 1,695,666 -2.94% (51,323) Leisure Services 2,305,311 1,709,542 2,351,797 2,893,594 23.04% 541,797 Debt Service 1,436,689 1,597,170 1,849,047 1,894,097 2.44% 45,050 Capital Lease Acquisitions 1,008,489 1,682,018 0 0 0.00% 0 Reserves & Contingencies 350,367 71,307 185,412 222,497 20.00% 37,085 Transfers Out 644,475 899,280 1,038,550 1,162,350 11.92% 123,800 Total Expenditures $25,938,893 $26,765,685 $26,628,407 $29,530,082 10.90% $2,901,675 Net Revenue Over Expense $2,593,841 $2,372,062 $0 $0 $0 Enterprise Funds Budget Summary FY 2023 The Village has two Enterprise Funds: The Country Club Fund and the Stormwater Management Utility Fund. A brief description and budget summary for each is fund is provided below: Country Club The Country Club is an Enterprise Fund used to account for operations of the Village’s Golf & Country Club, where the costs of providing goods and services to the general public on a continuing basis are primarily financed or recovered through user charges. The Country Club accounts for the following operations: Country Club Administration, Clubhouse Grounds, Golf, Tennis, Pool and Food & Beverage. Revenue Actual 9/30/2020 Actual 9/30/2021 FY 2022 Adopted Budget FY 2023 Tentative Budget % increase/ (decrease) $ increase / (decrease) Golf Greens/Cart/Walking Fees $2,181,361 $2,821,772 $2,510,000 $3,300,000 31.47% $790,000 Golf Shop revenues 325,038 437,186 462,500 668,000 44.43% 205,500 Driving Range revenues 314,177 509,455 375,000 477,600 27.36% 102,600 Membership revenues 832,888 1,049,617 1,070,500 1,139,700 6.46% 69,200 Restaurant revenues 79,638 311,307 328,000 365,000 11.28% 37,000 Tennis revenues 0 578,212 596,300 705,480 18.31% 109,180 Pool revenues 0 129,996 117,000 153,000 30.77% 36,000 Interest revenues 0 133 10,000 0 -100.00% (10,000) Sale of Surplus 1,458 0 0 0 0.00% 0 Transfer from General Fund 0 274,000 378,550 482,550 27.47% 104,000 Appropriated Retained Earnings 0 0 227,319 0 -100.00% (227,319) Miscellaneous 35,350 121,909 20,900 23,550 12.68% 2,650 Total Revenues $3,769,909 $6,233,588 $6,096,069 $7,314,880 19.99% $1,218,811 Expenses Personnel Costs $977,836 $1,691,556 $2,043,420 $2,390,532 16.99% $347,112 Operating Costs Golf 2,136,847 2,553,202 2,447,000 2,762,350 12.89% 315,350 Food & Beverage 31,318 13,659 15,000 20,000 33.33% 5,000 Country Club Administration 21,516 24,470 28,500 48,100 68.77% 19,600 Clubhouse Grounds 326,298 382,602 434,615 556,030 27.94% 121,415 Tennis 0 136,378 176,150 181,836 3.23% 5,686 Pool 0 178,790 182,695 207,794 13.74% 25,099 Insurance & General Liability 28,139 21,748 25,000 25,000 0.00% 0 Attorney Fees 4,044 8,695 10,000 7,549 -24.51% (2,451) Capital Outlay 36,661 191,059 200,000 508,000 154.00% 308,000 Debt Service 433,689 433,689 433,689 433,689 0.00% 0 Reserve 0 0 100,000 174,000 74.00% 74,000 Total Expenses $3,996,348 $5,635,847 $6,096,069 $7,314,880 19.99% $1,218,811 Revenues over (under) expenses ($226,438) $597,741 $0 $0 $0 Enterprise Funds Budget Summary FY 2023 Stormwater Management Utility Fund The Stormwater Management Utility Fund is an enterprise fund into which all revenues from the Stormwater Management Utility Assessments, grants, and other funding sources are deposited and expenditures relating to the stormwater management system are paid. The amount of the Stormwater Management Utility Assessment is based on the estimated amount of stormwater runoff generated by impervious surfaces located on parcels of real property within the Village. Revenue FY 2022 Adopted Budget FY 2023 Tentative Budget % increase/ (decrease) $ increase / (decrease) Non Ad-Valorem Assessment $518,112 $500,000 -3.50% ($18,112) Total Revenues $518,112 $500,000 -3.50% ($18,112) Expenses Public Works $518,112 500,000 -3.50% (18,112) Total Expenses $518,112 $500,000 -3.50% ($18,112) Revenues over (under) expenses $0 $0 $0 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: September 8, 2022 SUBJECT: ORDINANCE 1st Reading – Adoption of amendments to Police Officer Pension Plan to incorporate changes set forth in the newly adopted Collective Bargaining Agreement Through the adoption of Resolution 2022-29 on April 14, 2022, the Village Council ratified a new Collective Bargaining Agreement (“CBA”) between the Village and the Police Benevolent Association of Palm Beach County, Inc. The new CBA modified certain provisions applicable to the pension benefits for police officer members, and these amendments need to be incorporated into the Village Code. The attached Ordinance amends Chapter 2, “Administration,” Article V, “Pensions and Retirement Systems,” Division 4, “Pension and Certain Other Benefits for Fire and Police Employees,” of the Village Code of Ordinances to reflect the terms of the new CBA as follows:  Sections 2-159 and 2-161 are amended to raise the cap on retirement benefits from seventy-five percent (75%) to eighty percent (80%) of average monthly earnings for police officers who retire on and after October 1, 2022.  Section 2-161 is amended to increase the multiplier used to calculate the normal retirement benefit from 2.75% to 3.0% for credited service on and after October 1, 2022.  Section 2-163 is amended to increase employee contributions for police officer members from seven percent (7%) to:  Eight and one-half percent (8.5%) effective the first payroll after October 1, 2022;  Ten percent (10%) effective the first payroll after October 1, 2023; and  Indicate that state contributions pursuant to Chapter 175/185 (portion of state premium tax collections on property and casualty insurance policies written within the Village) are applied to reduce the Village’s annual contributions. As indicated at the time the CBA was ratified, the enhancements to the pension benefits will have minimal to no financial impact to the Village. Based on the actuarial analysis completed during union negotiations, the additional contributions should be adequate to offset the increase in the pension benefit. The attached Ordinance has been prepared and/or reviewed for legal sufficiency by this office. Recommendation: Village Staff requests Council consideration and approval on first reading of the attached Ordinance amending Chapter 2 of the Village Code of Ordinances to modify the pension benefits and contributions for police officer members as set forth in the Collective Bargaining Agreement between the Village and the Police Benevolent Association of Palm Beach County, Inc. in accordance with Village policies and procedures. Page 1 of 7 ORDINANCE NO. ____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, “PENSION 4 AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES,” 5 OF ARTICLE V, “PENSIONS AND RETIREMENT SYSTEMS,” OF CHAPTER 6 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY 7 AMENDING SECTION 2-159, “CREATION OF TRUST AND DEFINITIONS,” 8 SECTION 2-161, “BENEFIT AMOUNTS,” AND SECTION 2-163, 9 “CONTRIBUTIONS,” TO AMEND THE CALCULATION OF POLICE 10 OFFICER RETIREMENT BENEFITS TO INCREASE THE MULTIPLIER 11 USED TO CALCULATE RETIREMENT BENEFITS, MODIFY THE 12 MAXIMUM CAP AND INCREASE THE EMPLOYEE CONTRIBUTION FOR 13 POLICE OFFICER MEMBERS; PROVIDING FOR CODIFICATION; 14 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 WHEREAS, the Village sponsors a retirement plan for its police officer and firefighter employees 18 known as the Village of North Palm Beach Fire and Police Retirement Fund, which is administered 19 by a Board of Trustees; 20 21 WHEREAS, the Village and the Palm Beach County Police Benevolent Association, Inc. have 22 agreed to a new Collective Bargaining Agreement that provides for changes to the Plan, 23 specifically, an increase in the maximum cap on retirement benefits, an increase in the benefit 24 multiplier, increases to the employee contributions rates, and a statement that Chapter 175 and 185 25 monies received from the State of Florida shall be used to offset the Village’s contribution; and 26 27 WHEREAS, the Village Council wishes to amend the Plan to incorporate these changes and 28 determines that the adoption of this Ordinance is in the interest of the public health, safety and 29 welfare of the Village and its residents. 30 31 NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 32 OF NORTH PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated 35 herein. 36 37 Section 2. The Village Council hereby amends Chapter 2, “Administration,” Article V, 38 “Pensions and Retirement Systems,” Division 4, “Pension and Certain Other Benefits for Fire and 39 Police Employees,” of the Village Code of Ordinances as follows (additional language is 40 underlined and deleted language is stricken through): 41 42 Sec. 2-159. Creation of trust and definitions. 43 44 (a) Creation of trust. A pension and retirement system for full-time 45 firefighters and police officers of the village is hereby established to provide 46 retirement, survivor and disability benefits as provided by this division. The system 47 Page 2 of 7 shall be known as the Village of North Palm Beach Fire and Police Retirement 1 Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 2 401(a) and meet the requirements of a governmental plan as defined in Internal 3 Revenue Code Section 414(d). 4 5 (b) Definitions. As used herein, unless otherwise defined or required by 6 the context, the following words and phrases shall have the meaning indicated: 7 8 Accrued benefit means the portion of a member's normal retirement benefit 9 which is considered to have accrued as of any date, as follows: 10 11 (1) A member's accrued benefit for years of credited service earned 12 before October 1, 2018 shall be equal to the sum of two and one-13 half percent of the member's average monthly earnings multiplied 14 by the member's credited service for the first twenty-four (24) years; 15 zero (0) percent of the member's average monthly earnings 16 multiplied by the member's credited service for each year after 17 twenty-four (24) years up to thirty (30) years; and two (2) percent of 18 the member's average monthly earnings multiplied by the member's 19 credited service for each year in excess of thirty (30) years. 20 21 (2) A member's accrued benefit for years of credited service earned on 22 and after October 1, 2018 (provided the member was employed by 23 the Village on or after July 11, 2019) shall be equal to two and three-24 fourths percent per year of service. For Police Officers and 25 Firefighters who retire prior to October 1, 2022, the total accrued 26 benefit shall not be greater than seventy-five (75) percent of average 27 monthly earnings at the time of retirement (including entry into the 28 DROP), but in all cases the accrued benefit earned on and after 29 October 1, 2018 shall be at least two and three-fourths percent per 30 year of service on and after October 1, 2018. For Firefighters and 31 Police Officers who retire on and after October 1, 2022, the total 32 accrued benefit shall not be greater than eighty (80) percent of 33 average monthly earnings at the time of retirement (including entry 34 into the DROP), but in all cases the accrued benefit earned on and 35 after October 1, 2018 shall be at least two and three-fourths percent 36 per year of service on and after October 1, 2018. 37 38 (3) For purposes of this calculation, average monthly earnings and 39 credited service as of the date of determination shall be used. The 40 accrued benefit is considered to be payable in the plan's normal form 41 commencing on the member's normal retirement date, with such 42 date determined as through the member remains in full-time 43 employment with the employer. 44 45 * * * 46 47 Page 3 of 7 Sec. 2-161. Benefit amounts. 1 2 (a) Normal retirement benefit. 3 4 (1) Amount. Each member who retires on or after the member's normal 5 retirement date shall be eligible to receive a normal retirement 6 benefit commencing on the member's actual retirement date. In all 7 cases, the benefit provided for years of service on and after October 8 1, 2018 shall be at least two and three-fourths percent of average 9 monthly earnings per year of service (provided the member was 10 employed by the village on and after July 11, 2019). The monthly 11 normal retirement benefit shall be calculated as follows: 12 13 For Police Officer members: An amount equal to the sum of two 14 and one-half percent of the member's average monthly earnings 15 multiplied by the member's credited service prior to October 1, 16 2018; and two and three-fourths percent for credited service on or 17 after October 1, 2018 (provided the member remained employed by 18 the Village as a police officer on or after July 11, 2019); and three 19 percent for credited service on and after October 1, 2022. On and 20 after October 1, 2022, a A Police Officer retiree's maximum monthly 21 pension benefit shall not exceed seventy-five (75) eighty (80) 22 percent of the retiree's average monthly earnings as that term is 23 defined in Section 2-159 above; for retirements prior to October 1, 24 2022, the maximum benefit is 75% of average monthly earnings. 25 26 For Firefighter members: An amount equal to the sum of two and 27 one-half percent of the member's average monthly earnings 28 multiplied by the member's credited service prior to October 1, 29 2018; and two and three-fourths percent for credited service on or 30 after October 1, 2018 (provided the member remained employed by 31 the Village as a firefighter on or after July 11, 2019). On and after 32 October 1, 2022, a Firefighter retiree's maximum monthly pension 33 benefit shall not exceed eighty (80) percent of the retiree's average 34 monthly earnings as that term is defined in Section 2-159 above; for 35 retirements prior to October 1, 2022, the maximum benefit is 75% 36 of average monthly earnings. 37 38 * * * 39 40 Sec. 2-163. Contributions. 41 42 (a) Member contributions. 43 44 (1) Amount. Members of the plan shall make regular contributions to 45 the fund at rate equal to two (2) percent of their respective earnings. 46 47 Page 4 of 7 For Police Officer members only: 1 2 (i) Effective at the beginning of the first full payroll period after 3 October 1, 2013, the Police Office member contribution 4 shall increase to two and sixty-seven one hundredths (2.67) 5 percent; 6 7 (ii) Effective the first full payroll period after October 1, 2014, 8 the Police Officer member contribution shall increase to 9 three and thirty-three one hundredths (3.33) percent; and 10 11 (iii) Effective the first full payroll period after October 1, 2015, 12 the Police Officer member contribution shall increase to four 13 (4) percent. 14 15 (iv) Effective the second payroll period following the adoption 16 of Ordinance 2019-11, the Police Officer member shall 17 contribute six (6) percent of earnings. 18 19 (v) Effective the first payroll period after October 1, 2020, the 20 Police Officer member shall contribute seven (7) percent of 21 earnings. 22 23 (vi) Effective the first full payroll after October 1, 2022, the 24 Police Officer member shall contribute eight and one-half 25 (8.5) percent of earnings. 26 27 (vii) Effective the first full payroll after October 1, 2023, the 28 Police Officer member shall contribute ten (10) percent of 29 earnings; and 30 31 (viii) During participation in the DROP, Police Officer members 32 shall contribute four (4) percent of earnings, with three (3) 33 percent credited to the member's DROP account and one (1) 34 percent applied to the Pension Plan Unfunded Actuarial 35 Accrued Liability ("UAAL"). 36 37 For Firefighter members only: 38 39 (i) Effective the beginning of the first full payroll period after 40 April 1, 2015, the Firefighter member contribution shall 41 increase to three and one-half (3½) percent; and 42 43 (ii) Effective the first full payroll period after April 1, 2016, the 44 Firefighter member contribution shall increase to five (5) 45 percent. 46 47 Page 5 of 7 (iii) Effective with the second payroll period following adoption 1 of Ordinance No. 2019-11, the Firefighter member 2 contribution shall increase from five (5) percent of earnings 3 to seven (7) [percent] of earnings. 4 5 (iv) Effective the first full payroll period after September 30, 6 2022, the Firefighter member contribution shall increase 7 from seven (7) percent to seven and one-half (7.5) percent. 8 9 (v) Effective the first full payroll period after September 30, 10 2023, the Firefighter member contribution shall increase 11 from seven and one-half (7.5) percent to eight (8) percent. 12 13 (vi) Effective the first full payroll period after September 30, 14 2024, the Firefighter member contribution shall increase 15 from eight (8) percent to eight and one-half (8.5) percent. 16 17 (vii) During DROP, the Firefighter member shall contribute four 18 (4) percent of earnings, with three (3) percent credited to the 19 member's DROP account and one (1) percent applied to the 20 Pension Plan. 21 22 (2) Duration. The village shall pick-up, rather than deduct from each 23 member's pay, beginning with the date of employment, two (2) 24 percent of the member's basic compensation. The monies so picked-25 up shall be deposited in the fund on a monthly basis. An account 26 record shall be maintained continuously for each member. Pick-up 27 contributions shall continue until death, disability or termination of 28 service, whichever shall occur first. Contributions shall remain in 29 the fund unless withdrawn as provided in the plan. No member shall 30 have the option to choose to receive the contributed amounts directly 31 instead of having them paid by the village directly to the plan. All 32 such pick-up contributions by the village shall be deemed and be 33 considered as part of the member's accumulated contributions and 34 subject to all provisions of the plan pertaining to accumulated 35 contributions of members. The intent of this provision is to comply 36 with Section 414(h)(2) of the Internal Revenue Code. For paying 37 Social Security taxes, and for such other purposes except as 38 specified in this plan, the amount of employee contributions 39 "picked-up" or paid by the village will be added to the amount 40 distributed on a current basis in order to determine total wages, 41 salary, pay or compensation. In the event that the employer agrees 42 to assume and pay member contributions in lieu of direct 43 contributions by the member, such contributions shall accordingly 44 be paid into the plan on behalf of the members. No member subject 45 to such agreement shall have the option of choosing to receive the 46 contributed amounts directly instead of having them paid by the 47 Page 6 of 7 employer directly to the plan. All such contributions by the 1 employer shall be deemed and considered as part of the member's 2 accumulated contributions and subject to all provisions of this plan 3 pertaining to accumulated contributions of members. The intent of 4 this language is to comply with section 414(h)(2) of the Internal 5 Revenue Code. 6 7 (3) Interest. Interest shall be credited to member contributions as of 8 September 30 of each year at a rate equal to the change in the 9 consumer price index, published by the U.S. Bureau of Labor 10 Statistics, over the twelve-month period ending on the previous June 11 30. The maximum rate for any year shall be seven (7) percent and 12 the minimum rate shall be zero (0) percent. 13 14 (4) Guaranteed refund. All benefits payable under this plan are in lieu 15 of a refund of accumulated contributions. In any event, however, 16 each member shall be guaranteed the payment of benefits on his 17 behalf at least equal in total amount to his accumulated 18 contributions. 19 20 (b) State contributions. Any monies received or receivable by reason of 21 the laws of the State of Florida for the express purpose of funding and paying for 22 the benefits of police officers or firefighters shall be deposited in the fund within 23 the time prescribed by law. Such monies shall be for the sole and exclusive use of 24 members or may be used to pay extra benefits for members. The State contributions 25 pursuant to Chapters 175/185 are applied to reduce the Village’s annual 26 contribution. 27 28 (c) Employer contributions. So long as this plan is in effect, the 29 employer shall make contributions to the fund in an amount at least equal to the 30 difference in each year as between the aggregate member and state contributions 31 for the year and the total cost for the year as shown by the most recent actuarial 32 valuation report for the system. The total cost for any year shall be defined as the 33 total of normal cost plus the additional amount sufficient to amortize the unfunded 34 actuarial liability in accordance with applicable laws of the State of Florida. The 35 employer's contribution shall be deposited on at least a quarterly basis. The State 36 contributions pursuant to Chapters 175/185 are applied to reduce the Village’s 37 annual contribution. 38 39 (d) Forfeitures. Any forfeitures arising shall be applied to reduce future 40 contributions to the plan. No forfeited amount shall be applied to change benefit 41 amounts for members. 42 43 * * * 44 45 Page 7 of 7 Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village 1 Code of Ordinances not expressly amended as set forth above shall remain unchanged by the 2 adoption of this Ordinance. 3 4 Section 4. The provisions of this Ordinance shall become and be made part of the Code 5 of the Village of North Palm Beach, Florida. 6 7 Section 5. If any action, paragraph, sentence, clause, phrase or word of this Ordinance 8 is for any reason held be a court of competent jurisdiction to be unconstitutional, inoperative or 9 void, such holding shall not affect the remainder of this Ordinance. 10 11 Section 6. All ordinance or parts of ordinances and resolutions or parts of resolutions 12 of the Village of North Palm Beach, Florida, which are in conflict with this Ordinance are hereby 13 repealed to the extent of such conflict. 14 15 Section 7. This Ordinance shall be effective immediately upon adoption. 16 17 PLACED ON FIRST READING THIS _____ DAY OF __________, 2022. 18 19 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF _________, 20 2022. 21 22 23 24 (Village Seal) 25 MAYOR 26 27 28 ATTEST: 29 30 31 VILLAGE CLERK 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY: 35 36 37 VILLAGE ATTORNEY 38 39 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Members of the Village Council THRU: Chuck Huff, Interim Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: September 8, 2022 SUBJECT: Readoption of Ordinance 2022-12 on 2nd Reading - Amendment of the Stormwater Utility Ordinance to include a Three-Tiered Utility Assessment for Single Family Residential Properties. At its July 14, 2022 meeting, the Village Council unanimously adopted Ordinance 2022-12 on second and final reading. Subsequent to the meeting, Staff discovered that the Notice of Public Hearing published in the Palm Beach Post did not meet the minimum notice requirements for the adoption of municipal ordinances as set forth in Section 166.041, Florida Statutes. Specifically, the meeting date and time for the scheduled hearing were inadvertently omitted from the Notice of Public Hearing. Section 166.041(3)(a), Florida Statutes, specifically requires that the notice of proposed enactment shall state the date, time and place of the meeting at which the Ordinance will be adopted. The procedures set forth in Section 166.041, Florida Statutes, constitute the uniform method for the adoption and enactment of municipal ordinances, and a municipality is required to strictly adhere to its requirements. In order to meet the statutorily prescribed requirements and prevent any future challenge to the validity of the Ordinance, the Village re-published the Notice of Public Hearing to include all required information. The Ordinance remains unchanged from the time it was originally adopted, and Staff has provided the Council with all back up materials previously provided. Recommendation: Village Staff recommends that the Village Council readopt Ordinance No. 2022-12 providing for a three- tiered utility assessment for single-family residential properties on second and final reading in accordance with all statutory requirements and Village policies and procedures. 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: July 14, 2022 SUBJECT: Ordinance 2nd Reading - 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. At its June 30, 2022 meeting, the Village Council unanimously adopted the Ordinance on first reading without modification. Recommendation: Village staff recommends adoption of an Ordinance on second and final reading 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: Chuck Huff, Interim Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: September 8, 2022 SUBJECT: Readoption of Ordinance 2022-13 on 2nd 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 25 persons. At its July 14, 2022 meeting, the Village Council adopted Ordinance 2022-13 on second and final reading by a 4 to 1 vote. Subsequent to the meeting, Staff discovered that the Notice of Public Hearing published in the Palm Beach Post did not meet the minimum notice requirements for the adoption of municipal ordinances as set forth in Section 166.041, Florida Statutes. Specifically, the meeting date and time for the scheduled hearing were inadvertently omitted from the Notice of Public Hearing. Section 166.041(3)(a), Florida Statutes, specifically requires that the notice of proposed enactment shall state the date, time and place of the meeting at which the Ordinance will be adopted. The procedures set forth in Section 166.041, Florida Statutes, constitute the uniform method for the adoption and enactment of municipal ordinances, and a municipality is required to strictly adhere to its requirements. In order to meet the statutorily prescribed requirements and prevent any future challenge to the validity of the Ordinance, the Village re-published the Notice of Public Hearing to include all required information. The Ordinance remains unchanged from the time it was originally adopted, and Staff has provided the Council with all back up materials previously provided. Recommendation: Village Staff recommends that the Village Council readopt Ordinance No. 2022-13 increasing the permit requirement threshold for gatherings at Village parks and recreation areas to more than twenty-five persons on second and final reading in accordance with all statutory requirements and Village policies and procedures. 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: July 14, 2022 SUBJECT: ORDINANCE 2nd 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 25 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 recommended that the threshold for the permit requirement be raised to gatherings of over twenty persons. At its June 30, 2022 meeting, the Village Council approved the Ordinance on first reading; however, the Council amended the proposed Ordinance to require a permit for gatherings of over twenty-five (25) persons (in lieu of twenty (20) persons). 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 second 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-five (25) 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-FIVE PERSONS; 8 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR 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 five persons and determines that the adoption of this Ordinance is in the best interest of the residents of 17 the 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-five (25) persons and is not a part of a scheduled program or activity either 35 sponsored or officially recognized by the village, or participation or attendance in a sports 36 event at an appropriately designated park area, the person responsible for or in charge of 37 such 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 HUMAN RESOURCES DEPARTMENT VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Renee Govig, Director of Human Resources and Risk Management Leonard G. Rubin, Village Attorney DATE: September 8, 2022 SUBJECT: ORDINANCE 2nd Reading – Repealing Article III, Chapter 8 of the Village Code providing for emergency duty compensation for exempt employees during a declared local state of emergency Through the adoption of Ordinance No. 2013-14 on September 26, 2013, the Village Council amended Chapter 8 of the Village Code of Ordinance to provide emergency duty compensation for exempt employees performing disaster-related emergency work during a declared local state of emergency. As the Council is aware, the Village recently completed a comprehensive review and update of its personnel rules and regulations, and through the adoption of Resolution No. 2022-57 on July 28, 2022, the Village Council adopted a revised and updated Personnel Rules and Regulations Manual. The updated Manual provides for emergency pay for both non-exempt and exempt employees. Non- exempt employees who work during a declared state of emergency within the Village shall be paid at two (2) times their regular rate of pay. Exempt employees who perform work during a declared state of emergency shall receive the corresponding number of hours worked in an Administrative Leave Bank, not to exceed sixty (60) hours. The Administrative Leave Bank hours must be used prior to the end of the next full fiscal year after the conclusion of the state of emergency or they are forfeited. Furthermore, these hours are not payable upon separation from employment for any reason. A copy of the relevant provision of the updated Manual is attached. As noted in the back up materials presented to Council at the last meeting, the adoption of these new emergency pay regulations for exempt employees necessitates the repeal of Article III, Chapter 8 of the Village Code of Ordinance because the provisions are in conflict. Please note, however, that the Code provisions being repealed provide compensation only for disaster-related emergency work, which is defined as emergency protective measures (such as security in disaster areas and the provision of essential needs at central distribution points) and debris removal. While the new policy provides for leave hours and not compensation, it applies to all work performed by exempt employees during a local state of emergency within the Village. There is no immediate fiscal impact. At its August 25, 2022 meeting, the Village Council adopted the Ordinance on first reading without modification. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance repealing Article II, Chapter 8 of the Village Code of Ordinances providing for emergency duty compensation for exempt employees during a declared state of emergency i n accordance with Village policies and procedures. Page 1 of 4 ORDINANCE NO. 2022-_____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 8, 4 “EMERGENCY MANAGEMENT,” OF THE VILLAGE CODE OF 5 ORDINANCES TO REPEAL ARTICLE III, “EXEMPT EMPLOYEE 6 EMERGENCY DUTY” PROVIDING FOR THE COMPENSATION OF 7 DISASTER-RELATED EMERGENCY WORK DURING A DECLARED 8 STATE OF EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING 9 FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING 10 FOR AN EFFECTIVE DATE. 11 12 WHEREAS, through the adoption of Ordinance No. 2013-14 on September 26, 2013, the Village 13 Council amended Chapter 8 of the Village Code to provide for Emergency Duty Compensation 14 for exempt employees when a local state of emergency has been declared within the Village; and 15 16 WHEREAS, the Village recently completed a comprehensive review and update of its Personnel 17 Rules and Regulations, and through the adoption of Resolution No. 2022-57 on July 28, 2022, the 18 Village Council adopted a revised and updated Personnel Rules and Regulations Manual; and 19 20 WHEREAS, the updated Personnel Rules and Regulations Manual includes a policy for the 21 emergency pay for non-exempt employees at twice their regular rate and compensation for exempt 22 employees in the form of an administrative leave bank; and 23 24 WHEREAS, based on this recent update, the Village Council wishes to repeal Article III of Section 25 8 (Exempt Employee Emergency Duty) and determines that the adoption of this Ordinance is in 26 the best interests of the Village and its residents. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 29 OF NORTH PALM BEACH, FLORIDA as follows: 30 31 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 32 incorporated herein. 33 34 Section 2: The Village Council hereby amends Chapter 8, “Emergency Management,” of the 35 Village Code of Ordinances by repealing Article III, “Exempt Employee Emergency Duty,” in its 36 entirety (deleted language stricken through): 37 38 ARTICLE III. EXEMPT EMPLOYEE EMERGENCY DUTY 39 40 Sec. 8-31. Exempt Employee Emergency Duty Compensation. 41 42 (a) Eligible employees. Eligible employees include all full-time exempt 43 employees who are required to perform disaster-related emergency work after a local state 44 of emergency has been declared pursuant to section 8-5 of this chapter. The terms 45 Page 2 of 4 “exempt” or “non-exempt” as used in this section shall be defined under the Fair Labor 1 Standards Act, as amended from time to time. 2 3 (b) Disaster-related emergency work. Disaster-related emergency work shall 4 be defined to include emergency protective measures and debris removal. No other work 5 shall be considered disaster-related emergency work. Examples include, in accordance 6 with Federal Emergency Management Agency (FEMA) guidelines, as amended from time 7 to time, the following: 8 9 (1) Emergency protective measures include those activities undertaken before, 10 during and following a disaster that are necessary to save lives, protect 11 public health and safety, and prevent damage to improved public or private 12 property. Examples of such activities include: search and rescue; security 13 forces; emergency medical care; emergency mass care and shelter when 14 such cannot be provided by volunteer agencies; security in the disaster area 15 to include the alerting of public dangers by setting up barricades or other 16 warning devices; provision of food, water, ice, and other essential needs at 17 central distribution points for local citizens; provision of temporary 18 facilities such as temporary bridges or road detours for essential community 19 services; and removal of health and safety hazards. 20 21 (2) Debris removal activities include the clearance of trees and woody debris, 22 building wreckage, sand, mud, silt, and gravel, vehicles and other disaster-23 related material. These activities must be necessary to eliminate immediate 24 threats to lives, public health and safety, eliminate immediate threats of 25 significant damage to improved public or private property, to the extent 26 such removal is the legal responsibility of the village; or ensure economic 27 recovery of the village to the benefit of the community-at-large. 28 29 (c) Method of calculation and payment. 30 31 (1) Exempt full-time employees shall receive emergency duty compensation at 32 their hourly rate under the circumstances outlined in this section. This 33 hourly rate shall be in addition to the exempt employee’s regular salary. 34 35 (2) Because exempt employees are paid on a salary basis, the hourly rate 36 referenced in subsection (c)(1) above shall be defined as the employee’s 37 annual salary divided by 2080. The employee’s annual salary for the 38 purposes of this calculation shall be the employee’s annual base salary at 39 the time the disaster-related emergency work was performed. 40 41 (3) The emergency duty compensation shall be calculated beginning in the 42 workweek during which a local state of emergency is declared which covers 43 the lands within the village. 44 45 Page 3 of 4 (4) Emergency duty compensation pay shall only be authorized by the village 1 manager for hours worked on disaster-related emergency work in excess of 2 forty (40) hours during the workweek. Paid or unpaid time off under any 3 of the village’s leave policies shall not be considered hours worked. 4 5 (5) Eligible employees shall receive the emergency duty compensation pay 6 only upon submitting a signed time sheet, reflecting actual hours worked 7 during the week(s) in which a state of emergency existed and verification 8 reflecting the type and manner of disaster-related work performed to the 9 director of human resources. Said time sheet must also be signed by the 10 employee’s supervisor or the village manager, as applicable, requiring the 11 employee to perform disaster-related emergency work prior to submitting 12 same to the director of human resources. Failure of the eligible employee 13 to submit the signed time sheet and verification within two (2) business days 14 of the conclusion of each workweek for which a state of emergency exists 15 may cause delay in payment of such emergency duty compensation. Failure 16 of the eligible employee to submit the signed time sheet and verification 17 within twenty (20) calendar days of the conclusion of each workweek for 18 which a state of emergency exists shall result in the eligible employee 19 forfeiting such emergency duty compensation. 20 21 (6) Any emergency duty compensation payments made pursuant to this section 22 shall not be construed to alter the exempt status of the employee. 23 Regardless of any emergency duty compensation payments made pursuant 24 to this section, each exempt employee is guaranteed his or her regular 25 salary, which is at least $455.00 per week, pursuant to 29 C.F.R. Section 26 541.604(a), as amended from time to time. 27 28 (7) Emergency duty compensation payments shall be subject to all applicable 29 and lawful deductions. 30 31 (8) Emergency duty compensation payments shall be made in accordance with 32 this section without regard to whether such payments ultimately may be 33 reimbursable from other sources, such as public assistance grants through 34 FEMA or other agencies. 35 36 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 37 Ordinances for the Village of North Palm Beach, Florida. 38 39 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 40 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 41 such holding shall not affect the remainder of the Ordinance. 42 43 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 44 with this Ordinance are hereby repealed to the extent of such conflict/ 45 46 Page 4 of 4 Section 6. This Ordinance shall be effective immediately upon adoption. 1 2 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 3 4 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 5 ___________, 2022. 6 7 8 (Village Seal) 9 MAYOR 10 11 ATTEST: 12 13 14 VILLAGE CLERK 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY: 18 19 20 VILLAGE ATTORNEY 21 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager Chad Girard, Acting Public Works Director FROM: Marc Holloway, Field Operations Manager DATE: September 8, 2022 SUBJECT: MOTION – Approval of Change Order and Final Payment in the amount of $23,808.00 to J.W. Cheatham, LLC for milling, resurfacing and striping of various roadways throughout the Village. On February 24, 2022, the Village executed a Contract with J.W. Cheatham, LLC for milling, resurfacing and striping on various Village roadways in the amount of $654,047.60. Village Staff is recommending approval of a reduction change order in the amount of ($26,971.40) and final payment in the amount of $23,808.00 to reflect the completed milling, resurfacing and striping work. Background: In general, the project was to mill, resurface and stripe various roadways throughout the Village. The Village chose to mill and resurface to meet enhanced pavement structure expectations. The roadways were selected following a study to assess the condition of each roadway surface. During construction, the Village desired the contractor to perform shoulder striping along Anchorage Drive that was not included in the original scope of work. There was a savings of tonnage from the first few sections that were milled and resurfaced that allowed this work to be performed without any additional cost to the contract. The second change order is a credit in unused tonnage from the overall project that reconciles the overall project cost to the amount that the contractor is owed. Original Contract Amount $ 654,047.60 Change Order One $ 0 Change Order Two $ (26,971.40) Final Contract Amount: $ 627,076.20 The contractor matched the existing grades as close as possible, and all punch list items have been rectified. The Village’s purchasing policies and procedures require Village Council approval for: (1) change orders in excess of $25,000; and (2) final closeout and release of retainage for all projects exceeding $100,000.00. Recommendation: Village Staff recommends Council consideration and approval of a reduction change order in the amount of ($26,971.40) and final payment in the amount of $23,808.00 to J.W. Cheatham, LLC for the milling, resurfacing and striping project in accordance with Village policies and procedures. C‐941, Change Order  Page 1 of 1  Change Order No. 1 Date of Issuance: 7/11/2022 Effective Date: 7/11/2022  Owner: Village of North Palm Beach Owner's Task Order No.:  Contractor: J.W. Cheatham Contractor’s Project No.: 220012 Engineer: N/A Engineer's Project No.:   Project: Milling and Resurfacing #2 – 2022 The Contract is  modified as follows upon execution of this Change Order:  Description: This change order is to remove the tonnage from asphalt that was not placed in order to add  striping requested by the Village of North Palm Beach.      Attachments:  [List documents supporting change]   CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES   [note changes in Milestones if applicable] Original Contract Price: Original Contract Times:  Substantial Completion:      $ 654,047.60 Ready for Final Payment:       days or dates  [Increase] [Decrease]  from previously approved Change  Orders No.        to No.      :  [Increase] [Decrease] from previously approved Change  Orders No.        to No.       :   Substantial Completion:      $    Ready for Final Payment:        days  Contract Price prior to this Change Order: Contract Times prior to this Change Order:   Substantial Completion:      $ 654,047.60  Ready for Final Payment:       days or dates  [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:   Substantial Completion:      $ 0.00  Ready for Final Payment:        days or dates  Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:   Substantial Completion:      $ 654,047.60  Ready for Final Payment:       days or dates  RECOMMENDED: ACCEPTED: ACCEPTED:  By:  By:  By:    Engineer (if required)  Owner (Authorized Signature)  Contractor (Authorized Signature)  Title:  Title  Title   Date:  Date  Date   Approved by Funding Agency (if  applicable)  By:    Date:  Title:     Item No.Description of Work Unit Qty Unit Price Amount Qty Anchorage Dr S C002 1" S3 Asphalt TNS 1010.0000 120.0000 121,200.00 967.0000 C013 QTY ADJUSTMENT C002 LS 1.0000 5,160.0000-5,160.00-0.0000 Lehane Ter F002 1" S3 Asphalt TNS 128.0000 120.0000 15360.0000 104.0000 F006 QTY ADJUSTMENT F002 LS 1.0000 2,880.00-2,880.00-0 WETLAW LN G001 1" S3 Asphalt TNS 129.0000 120.0000 15480.0000 104.0000 G006 QTY ADJUSTMENT G002 LS 1.0000 3,000.0000-3000.00-0.0000 DOOLEN CT H002 1" S3 Asphalt TNS 112.0000 120.0000 13,440.00 106.6600 H006 QTY ADJUSTMENT H002 LS 1.0000 640.8000-640.80-0.0000 NORTHLAKE CT M002 1' S3 ASPHALT TNS 110.0000 120.0000 13,200.00 0.0000 M006 QTY ADJUSTMENT M002 LS 1.0000 698.2000-698.20-0.0000 EAGLE WAY O002 1" S3 Asphalt TNS 113.0000 120 13,560.00 0.0000 O006 QTY ADJUSTMENT O002 LS 1.0000 846.0000-846.00-0.0000 Contract PREVIOUS CHANGE# 1 DATA SHEET Amount Qty Amount TOTAL COMPLETED STORED TO DATE 116,040.00 0.0000 0.00 116,040.00 0.00 1.0000 5,160.00-5,160.00- 12480.00 0.0000 0.00 12480.00 0 1 2880.00-2880.00- 12480.0000 0.00 0.00 12,480.00 0.00 1.0000 3,000.00-3,000.00- 12,799.20 0.0000 0.00 12799.20 0.00 1.0000 640.80-640.80- 0.00 100.0000 12,000.00 12000.00 0.00 1.0000 698.20-698.20- 0.00 105.9500 12,714.00 12714.00 0.00 1.0000 846.00-846.00- 13225.00- PREVIOUS Current TOTAL CHANGE# 1 DATA SHEET VILLAGE OF NORTH PALM BEACH PUBLIC LIBRARY TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Zakariya M. Sherman, Director of Library DATE: September 8, 2022 SUBJECT: RESOLUTION - State Aid to Libraries Grant Funding Application The North Palm Beach Public Library has been a member of the Library Cooperative of the Palm Beaches since 2007. It is now time to submit the Village’s application for State Aid for FY 2022-2023. State Aid was successfully applied for and received during this current fiscal year with an award of $14,481. State Aid is based on the amount the Village expended for library services two fiscal years prior to the fiscal year the grant is distributed – in this case, FY 2020-2021. Samia Janjua, Finance Director, provided the relevant fiscal information. There are no spending restrictions for this money; it is considered Library revenue. An appropriate budget revenue line will be used to reflect receipt of these funds. The State will issue the a id as an electronic funds transfer (EFT) payment paid directly to the Village by June 30, 2023. Village Staff is requesting that Council provide the required certifications and approve the filing of the State Aid to Libraries Grant Funding Application. Staff is also seeking Council approval of the State Aid to Libraries Grant Agreement and the FY2022-2023 library plan of services (Exhibit “A”) in support of the Village’s application. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General Fund Library A2127-03111 Cooperative Memb State Aid $14,397 State Estimate Recommendation: Village Staff recommends Village Council consideration and approval of the attached Resolution authorizing the filing of a State Aid to Libraries Grant funding application, including authorizing members of Village Administration to take all steps necessary to apply for and receive such funding, and approving the execution of the State Aid to Libraries Grant Agreement and Plan of Services in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION FOR STATE AID TO LIBRARIES GRANT FUNDING; PROVIDING THE REQUIRED ASSURANCES AND CERTIFICATIONS; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT; APPROVING AN ANNUAL PLAN OF SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 257, Florida Statutes, authorizes municipalities to file applications for State Aid to Libraries Grant Funding; and WHEREAS, the Village Council wishes to authorize the filing of an application for State Aid to Libraries Grant Funding, provide the required certifications necessary for the receipt of such funding; and approve the annual plan of services required as part of the application process; and WHEREAS, the Village Council determines that the adoption of this Resolution benefits the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council authorizes members of Village Administration and the appropriate Village Officials to take all steps necessary to apply for and receive State Aid to Libraries Grant Funding, including the filing of all required application forms, preparing the required supporting documentation, and executing the State Aid to Libraries Grant Agreement, a copy of which is attached hereto and incorporated herein as Exhibit “B.” The Village Council further authorizes the Mayor to execute all required Certifications, including the: Certification of Hours, Free Library Service and Access to Materials; and the Certification of Credentials. Section 3. The Village Council hereby approves the annual plan of services attached hereto as Exhibit “A,” which is incorporated herein by reference, and authorizes the submission of this document in support of the Village’s State Aid to Libraries Grant Funding Application. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF__________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK a) b) 23-ST-62 North Palm Beach Public Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND North Palm Beach Village Council for and on behalf of North Palm Beach Public Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the “Division," and the North Palm Beach Village Councilfor and on behalf of North Palm Beach Public Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the “Fiscal Year 2022-23 State Aid to Libraries Final Grants” document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1.Grant Purpose. This grant shall be used exclusively for the “State Aid to Libraries Grant,” the public purpose for which these funds were appropriated. The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2020 - September 30, 2021. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2020 through June 30, 2023. The Grantee shall: Have a single administrative head employed full time by the library’s governing body; Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; Provide access to materials, information and services for all residents of the area served; and Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task : Page: 1 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 c) Payment will be a fixed price in the amount of 100% of the grant award for the period October 1, 2020 through June 30, 2023. The Grantee will: Have expended funds to provide free library service during the period October 1, 2020 - September 30, 2021; Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2020 - September 30, 2021 only; Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; Provide the Certification of Credentials for the Single Administrative Head; and Provide a Certification of Hours, Free Library Service and Access to Materials. Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full- time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non-Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2.Length of Agreement. This Agreement covers the period of October 1, 2020 to June 30, 2023, unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee’s second preceding fiscal year (October 1, 2020) and concludes with the end of the State of Florida’s current fiscal year (June 30, 2023). 3.Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year (October 1, 2020 – September 30, 2021) for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B. 4.Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications regarding this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email: marian.deeney@dos.myflorida.com For the Grantee: Page: 2 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 Julie Morrell North Palm Beach Public Library 303 Anchorage Drive North Palm Beach Florida 33408 Phone: 561.841.3373 Email: jmorrell@village-npb.org 5.Grant Payments. The total grant award shall not exceed the amount specified on the “Fiscal Year 2022-23 State Aid to Libraries Final Grants” document (Attachment B), which shall be paid by the Division in consideration for the Grantee’s minimum performance as set forth by the terms and conditions of this Agreement. Payment will bea fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6.Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (form number DFS-AI-26E, rev 6/2014), incorporated by reference,to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. 7.Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com. A copy of the Grantee’s Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8.Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9.Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, webpages, programs, etc., created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: “This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State’s Division of Library and Information Services.” 10.Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services’ Reference Guide for State Expenditures (as of August 2021), incorporated by reference, which are Page: 3 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 available online at http://edocs.dlis.state.fl.us/fldocs/dfs/2019ReferenceGuideForStateExpenditures.pdf. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11.Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12.Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service’s Reference Guide for State Expenditures (as of August 2021) (http://edocs.dlis.state.fl.us/fldocs/dfs/2019ReferenceGuideForStateExpenditures.pdf), incorporated by reference. 13.Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of “Department of State” and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14.Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. Audits must be submitted on the DOS Grants System at dosgrants.com. 15.Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the closeout of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16.Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17.Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18.Noncompliance. Any Grantee that is not following Florida Statutes or rules, the terms of the grant agreement, Florida Department of State (DOS) policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other DOS Division will be in Page: 4 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 a) b) c) d) e) f) noncompliance status and subject to the DOS Grants Compliance Procedure. DOS Divisions include the Division of Arts and Culture, the Division of Elections, the Division of Historical Resources and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released. 19.Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee’s accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee’s accounting records to those amounts reported to the Division; An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; The name of the account(s) must include the grant award number; The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit (such as invoices, bills and canceled checks). 20.Availability of State Funds. The State of Florida’s performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21.Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22.Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23.Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee’s subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24.Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or Page: 5 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 a) b) c) d) employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25.Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26.No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27.Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28.Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee shall be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29.Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. Page: 6 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 a) b) 30.Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee’s obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31.Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida Statutes. Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee’s discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32.Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33.Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34.Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 USC 1324(a) (as of April 2019)), incorporated by reference. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35.Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36.Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501- 553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (ada.gov (as of January 2020)), incorporated by reference). 37.Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Page: 7 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page: 8 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 a) b) c) 38.Entire Agreement. The entire Agreement of the parties consists of the following documents: This Agreement Florida Single Audit Act Requirements (Attachment A) Fiscal Year 2022-23 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee:Department of State By: _________________________________ Chair of Governing Body or Chief Executive Officer By: _________________________________ _____________________________________ Typed name and title Amy L. Johnson, Director Division of Library and Information Services Department of State, State of Florida _____________________________________ _____________________________________ Date _____________________________________ Date _____________________________________ Clerk or Chief Financial Officer _____________________________________ Witness _____________________________________ Date _____________________________________ Date Page: 9 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded Page: 10 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2) F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.myfloridacfo.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State via the DOS Grants System at https:///dosgrants.com. B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State via the DOS Grants System at https:///dosgrants.com. Page: 11 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 12 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 EXHIBIT – 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at https://apps.fldfs.com/fsaa/. Page: 13 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 ATTACHMENT B Fiscal Year 2022-23 State Aid to Libraries Final Grants Page: 14 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 02-2022 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Hours, Free Library Service and Access to Materials The North Palm Beach Village Council, governing body for the North Palm Beach Public Library hereby certifies that the following statements are true for the time period October 1, 2020 through June 30, 2023: Provides free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; Provides access to materials, information and services for all residents of the area served; and Has at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system). Signature ______________________________________________ __________________ Chair, Library Governing Body Date _____________________________________________ Name (Typed) Page: 1 Library FY 2023 Mission Statement Exhibit “A” The North Palm Beach Public Library provides materials, services, and programs for community residents of all ages while focusing on personal enrichment and enjoyment and meeting educational needs. The Library has a special mission that encourages a love of reading and learning among children and their parents. Service Levels Narrative Library Services in North Palm Beach were first provided in 1963 by the Library Society at a room in the old Country Club. With the library growing at a rapid pace, operations were turned over to the Village in 1965. The decision to build a new library at its current location was made in 1968. A ground breaking ceremony on October 24, 1968 launched the construction of the new building. Upon completion, Mayor Tom Lewis cut the ribbon in front of the library during dedication services on October 4, 1969. The two-story building, described as “modified Aztec,” sits behind the Village Hall, off U.S. 1, and includes a multi-purpose meeting room, a Florida book collection, a genealogy section, the local history & archives, a main reading area, a children’s library, teen area, and a computer lab. The library is staffed with one (1) Director of Leisure Services, one (1) Library Manager, one (1) Administrative Coordinator, one (1) Librarian, one (1) Senior Library Assistant, two (2) Library Assistants, and nine (9) part-time Library Clerks for a total of 11.5 FTE. Staff provide an array of services and programs for patrons of all ages and abilities, and work hard to keep the library safe, cozy and friendly. Services are available six (6) days a week, fifty-six (56) hours per week, and many resources such as Mango Languages, Rosetta Stone, Heritage Quest, MyHeritage, and ebooks and eaudiobooks from cloudLibrary and Overdrive are accessible 24/7 through the library’s website. The library’s collection includes print and media items as well as a number of electronic resources available through the website. Formats include print, large print, newspapers and magazines, books on CD, DVDs, ebooks and eaudiobooks, and e-readers containing bestsellers and classics. The computer lab provides access to twelve (12) Internet computers and offers printing (including wireless and remote), photocopying, scanning, and faxing services. Microsoft Office 2016 is installed on the computers and patrons have in-house access to Ancestry Genealogy and ABCmouse. Wi-Fi is available for free throughout the building. The children’s department contains play areas and reading corners, soft seating, two (2) teen rooms, three (3) large screen TVs for gaming and movies, twelve (12) laptops for afterschool use, toys, games, and puzzles. The Friends of the Library actively support the library’s many programs through fundraising activities and have been integral to the success of the library in the community since 1982. Since then, they have raised thousands of dollars for various library initiatives. In April of 2022, the Friends gifted $30,000 to the library, a new record. Personnel Changes There are no personnel/title changes for Fiscal Year 2022/2023. Library FY 2023 Current Year Accomplishments and New Initiatives During Fiscal Year 2021/2022, the Library achieved the following new initiatives and goals for improvement: Youth Services  Participated in Read for the Record by reading in-person, virtually and making a promotional video that reached 400+ kids.  Participated in Village Tree Lighting ceremony by live-streaming event on social media.  Partnered with Parks and Recreation to provide a socially distant Santa Claus program on Trolley Ride night for over 300 people.  Partnered with Kiwanis to host a diaper drive in the library for Healthy Mothers, Healthy Babies organization.  Collaborated with Parks and Recreation to provide an Easter Bunny program in April for over 300 people.  Partnered with Parks and Recreation to implement a successful Heritage Day kickoff party and golf cart parade at Osborne Park.  Planned and implemented the All Hallows’ Eve Haunted House and Carnival in collaboration with Parks and Recreation over 3 days for $3,500 in revenue.  Recruited 33 teen volunteers to help with day-to-day activities throughout the school year and summer reading for a total of 713 volunteer hours.  Planned and implemented successful virtual/in-person hybrid Summer Reading program; hosted 168 programs for 3,787 people.  Partnered with the Palm Beach County School District to provide free lunch and snacks to 911 children 0- 18 over the summer.  Partnered with Florida State Parks to offer day passes for checkout that provide free park admission to any of Florida’s 175 state parks, as part of summer reading.  Partnered with the Junior League of the Palm Beaches, an organization of women committed to promoting voluntarism, to conduct storytime every Saturday to children.  Created and implemented a School’s-Out-for-Teens (S.O.F.T.) paid program for 32 middle schoolers in partnership with TCS and collected nearly $10,000 in revenue.  Started up a snack cart to sell pre-packaged snacks to children and teens after school and made over $800 in revenue. Circulation  Increased year-over-year circulation of electronic materials by 41%.  Started circulating laptops in house for students to use afterschool. 2586 5913 9950 10149 0 5000 10000 FY19/20 (Actual) FY20/21 (Actual) FY21/22 (Projected) FY22/23 (Estimated) Total eAudiobook Circulation 7292 12277 15869 16186 0 4000 8000 12000 16000 FY19/20 (Actual) FY20/21 (Actual) FY21/22 (Projected) FY22/23 (Estimated) Total eBook Circulation Library FY 2023 Adult Services  Hosted monthly book discussions and craft programs as well as interviews with guest speakers.  Offered salsa dancing program for 21 people with professional instructor.  Hosted an author talk with New York Times Bestselling Author Charles Todd with over 20 people.  Participated in Veterans Day Ceremony in November.  Offered socially distant outdoor yoga classes every Friday in Veterans Park.  Collaborated with AARP to offer tax help to over 400 people from February through April.  Collaborated with Country Club and Farmer’s Table to host 2 Books & Bites programs at the clubhouse for a total of 70 people with New York Times bestselling authors Kristy Woodson Harvey on October 26th and Karen White on April 12th.  Hosted musical performance with local singer Jack Jacobs who sang classic songs for 20 people.  Partnered with the Friends of the Library to host first ever St. Patrick’s Day Bingo night for over 50 adults on March 17th.  Partnered with Village Manager’s office to host annual resident art show and award ceremony in library’s meeting room.  Hosted quilting, chess, knit and crochet, and local camera club classes.  Planned and implemented successful in-person Summer Reading program; hosted 32 programs for 263 people. Collections  Partnered with Palm Beach County Historical Society to display their traveling exhibit called “Postcards from the Palm Beaches” which showcased the wide variety of historic postcards from the Historical Society’s archives and the history of postcards.  Continued to collect and digitize photos, documents, and news articles related to North Palm Beach for inclusion into the local history and archives, for preservation and greater access. Public Relations  Continued to update library website for a more consistent, unified theme and user-friendly experience. Facilities  Professionally cleaned all carpets and fabric-covered chairs biannually.  Installed new Obert Room glass doors.  Ordered new wall and mobile floor shelving for upstairs main library. Technology  Installed 3 new self-checkout machines. Safety & Security  Completed Security Awareness training (All staff).  Completed CPR and AED training (All staff).  Completed Code Adam missing-child safety program (All staff). Training  Completed mandatory Ethics training (All staff).  Completed Mental Health First Aid (All staff).  Completed SEFLIN’s Manager’s Academy 8-week course (Library Manager) Library FY 2023 The Friends of the Library  Allocated $30,000 to the Library in support of the library’s planned upstairs remodel.  Hosted Bake-less Bake sale and Boutique fundraiser during the holidays.  Sold beverages at Heritage Day festival for additional revenue.  Generated over $2,000 for annual booksale. Grants  Applied for and received State Aid to Libraries grant in the amount of $14,481.  Applied for and received a DLIS Florida American Rescue Plan Act (ARPA) grant in the amount of $17,766 for self-checkout machines and desks. Conferences  Attended 2022 Florida Public Library Directors Meeting.  Attended 2022 Florida Library Association Conference.  Attended 2022 SEFLIN Regional Conference. Goals and Objectives In the coming year, the Library plans to achieve the following goals and objectives: Strategic Goal: Community Culture and Character Department Goal: Implement services that meet the needs of the community Objectives: a. Continue speaker series to complement adult programming and bring interesting subjects to life with community experts. b. Continue partnership with schools and daycares in the area to include library card sign up, class visits, summer reading and volunteer opportunities for teens. c. Continue participation in community activities such as Heritage Day Parade, Cornhole Tournament, Veterans Day Ceremony, Trolley Rides, Holiday Tree Lighting, Halloween, Hot Cars and Chili, etc. d. Offer more children’s programming in the mornings and after school for residents to attend with their children. Strategic Goal: People and Organizational Performance Department Goal: Continuously improve the way the Library operates Objectives: a. Increase Friends of the Library revenues by spreading awareness of who they are and what they do for the Library. b. Continue updating policies and procedures. c. Continue recruiting teen volunteers for afterschool activities and summer reading. Library FY 2023 Strategic Goal: Quality of Life Department Goal: Make our services and collection more accessible to our patrons Objectives: a. Bring more awareness of our programs and services to the community through social media and informational booths at Village sponsored events. b. Partner with Parks and Recreation to offer more programming throughout the Village. c. Visit schools and preschools to sign up children and young families for library cards. d. Eliminate overdue fines on adult materials to remove barriers and increase access to materials and services. Strategic Goal: Community Engagement Department Goal: Conduct Long-range Planning to Develop 5-year Plan Objectives: a. Establish long-range planning committee. b. Conduct SWOT Analysis with staff and key stakeholders. c. Create and implement online survey to residents. d. Engage community focus groups in person. e. Develop 5-year action plan with goals and objectives. f. Submit final long-range plan to Library Advisory Board and Council for final approval by October 1, 2023. Performance Measures Performance Measure FY 2021 Actual FY 2022 Projected FY 2023 Estimated E-book circulation 12,277 15,869 16,186 E-audiobook circulation 5,913 9,950 10,149 Total E-circulation 18,190 25,820 26,336 Total Print Circulation 38,118 42,071 44,174 Total AV Circulation 10,234 8,588 8,759 Total Circulation 66,522 76,480 78,009 Registered Borrowers 8,241 8,078 8,239 Purchase Suggestions 1,286 1,410 1,438 Interlibrary Loans Sent 188 177 180 Interlibrary Loans Received 184 144 146 Total No. of Programs 338 868 885 Total Program Attendance 5,979 12,291 12,536 Total Meeting Room Bookings 59 105 107 Total Computer Sessions 2,652 4,496 4,585 Ave. Lgth of a Computer Session 38 minutes 45 minutes 46 minutes Library FY 2023 As shown by the statistics above, circulation of electronic materials is projected to increase 41% year over year, and print circulation is projected to increase 10%. Circulation of electronic materials grew substantially during Covid-19. That trend has continued through to today. Circulation of print materials bounced back as more and more patrons visited the library physically. With class visits from TCS starting again this Fall, we expect circulation of print materials to grow even more. We also expect a healthy increase in program attendance as well as meeting room bookings. Division of Library and Information Services FY2022-23 Estimated Grants 7/19/2022 County Operating Grant Equalization Grant Total Grant: Operating and Equalization ALACHUA 339,081$ -$ 339,081$ BAKER 2,984$ 45,225$ 48,209$ BAY 53,712$ -$ 53,712$ BRADFORD 9,061$ 274,510$ 283,571$ BREVARD 386,737$ -$ 386,737$ BROWARD 1,216,875$ -$ 1,216,875$ CALHOUN 7,014$ 214,575$ 221,589$ CHARLOTTE 97,782$ -$ 97,782$ CITRUS 59,446$ -$ 59,446$ CLAY 70,843$ -$ 70,843$ COLLIER 165,389$ -$ 165,389$ COLUMBIA 18,685$ 517,166$ 535,851$ DESOTO 3,740$ 55,874$ 59,614$ DIXIE 2,559$ 39,059$ 41,618$ DUVAL 695,858$ -$ 695,858$ ESCAMBIA 104,534$ -$ 104,534$ FLAGLER 24,057$ -$ 24,057$ FRANKLIN 3,884$ 57,823$ 61,707$ GADSDEN 9,411$ 283,004$ 292,415$ GILCHRIST 2,714$ 41,247$ 43,961$ GLADES 1,880$ 28,644$ 30,524$ GULF 2,990$ 44,735$ 47,725$ HAMILTON 8,539$ 258,986$ 267,525$ HARDEE 2,637$ 39,499$ 42,136$ HENDRY 9,762$ 144,937$ 154,699$ HERNANDO 45,244$ 517,166$ 562,410$ HIGHLANDS 13,532$ 190,456$ 203,988$ HILLSBOROUGH 911,498$ -$ 911,498$ HOLMES 1,665$ 25,451$ 27,116$ INDIAN RIVER 78,223$ -$ 78,223$ JACKSON 7,412$ 111,276$ 118,688$ JEFFERSON 9,549$ 291,138$ 300,687$ LAFAYETTE 1,177$ 18,054$ 19,231$ LAKE 174,925$ -$ 174,925$ LEE 568,965$ -$ 568,965$ LEON 116,851$ -$ 116,851$ 2022-23 Estimated Grants Page 1 of 3 Division of Library and Information Services FY2022-23 Estimated Grants 7/19/2022 County Operating Grant Equalization Grant Total Grant: Operating and Equalization LEVY 4,184$ 62,346$ 66,530$ LIBERTY 2,278$ 69,855$ 72,133$ MADISON 7,600$ 231,460$ 239,060$ MANATEE 138,963$ -$ 138,963$ MARION 114,574$ -$ 114,574$ MARTIN 85,578$ -$ 85,578$ MIAMI-DADE 1,394,290$ -$ 1,394,290$ MONROE 47,548$ -$ 47,548$ NASSAU 32,684$ -$ 32,684$ OKALOOSA 79,639$ -$ 79,639$ OKEECHOBEE 10,159$ 149,985$ 160,144$ ORANGE 793,916$ -$ 793,916$ OSCEOLA 155,822$ -$ 155,822$ PALM BEACH 871,581$ -$ 871,581$ PASCO 143,955$ -$ 143,955$ PINELLAS 670,264$ -$ 670,264$ POLK 242,520$ -$ 242,520$ PUTNAM 11,286$ 161,392$ 172,678$ SAINT JOHNS 116,534$ -$ 116,534$ SAINT LUCIE 97,936$ -$ 97,936$ SANTA ROSA 45,335$ -$ 45,335$ SARASOTA 243,613$ -$ 243,613$ SEMINOLE 132,875$ -$ 132,875$ SUMTER 57,324$ -$ 57,324$ SUWANNEE 25,132$ 517,166$ 542,298$ TAYLOR 3,926$ 59,027$ 62,953$ UNION 2,949$ 90,466$ 93,415$ VOLUSIA 336,500$ -$ 336,500$ WAKULLA 4,954$ 74,594$ 79,548$ WALTON 17,387$ -$ 17,387$ WASHINGTON 7,456$ 226,179$ 233,635$ Page 2 of 3 Division of Library and Information Services FY2022-23 Estimated Grants 7/19/2022 Municipality ALTAMONTE SPRINGS 8,999$ 8,999$ APALACHICOLA -$ -$ BOYNTON BEACH 59,724$ 59,724$ DELRAY BEACH 44,394$ 44,394$ FORT MYERS BEACH 17,294$ 17,294$ HIALEAH 34,313$ 34,313$ INDIAN ROCKS BEACH -$ -$ LAKE PARK 7,827$ 7,827$ LAKE WORTH BEACH 8,101$ 8,101$ LANTANA 3,899$ 3,899$ MAITLAND 14,166$ 14,166$ NEW PORT RICHEY 17,702$ 17,702$ NORTH MIAMI 21,433$ 21,433$ NORTH MIAMI BEACH 22,695$ 22,695$ NORTH PALM BEACH 14,397$ 14,397$ OAKLAND PARK 17,227$ 17,227$ PALM SPRINGS -$ -$ RIVIERA BEACH 19,456$ 19,456$ SANIBEL 36,905$ 36,905$ WEST PALM BEACH 92,786$ 92,786$ WILTON MANORS 12,268$ 12,268$ WINTER PARK 49,085$ 49,085$ Subtotal 11,630,650$ 4,841,295$ 16,471,945$ Multicounty HEARTLAND 450,000$ NEW RIVER 326,571$ NORTHWEST REGIONAL 350,000$ PAL PUBLIC LIBRARY COOPERATIVE 350,000$ PANHANDLE PUBLIC LIBRARY COOPERATIVE 332,171$ SUWANNEE RIVER REGIONAL 350,000$ THREE RIVERS REGIONAL 329,486$ WILDERNESS COAST 343,899$ Total 2,832,127$ Total 19,304,072$ Page 3 of 3 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Keith Davis, Fleet Manager DATE: September 8, 2022 SUBJECT: RESOLUTION – Approval to increase the FY 2022 Blanket Purchase Order issued to Al Packer, Inc. to $30,000 Village Staff is recommending Village Council consideration and approval of the attached Resolution increasing the FY 2022 blanket purchase order issued to Al Packer, Inc. to $30,000. The Village uses Al Packer, Inc. for parts and repairs. The Village has spent $20,000.00 with this vendor year to date on parts and repairs. The Fleet division anticipates additional repairs will be needed before the end of fiscal year 2022. These repairs are critical to the Police department to continue providing uninterrupted services to the residents of the Village of North Palm Beach. In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000: “Blanket purchase orders in excess of $25,000 shall be approved by the Village Council, provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall be placed on the Consent Agenda.” The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department / Division Account Number Account Description Amount General Public Works/ Fleet A5522-34610 R & M Automotive $30,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a FY 2022 blanket purchase order issued to Al Packer, Inc. in the total amount of $30,000, with funds expended from Account No. A5522-34610 (Fleet – R & M Automotive), in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR THE PUBLIC WORKS DEPARTMENT WITH AL PACKER, INC. IN THE TOTAL AMOUNT OF $30,000 FOR PARTS AND REPAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a certain period of time not to exceed a single fiscal year and require Village Council approval for blanket purchase orders in excess of $25,000; and WHEREAS, based on current spending trends, Village Staff is requesting that the blanket purchase order issued to Al Packer, Inc. for auto parts and repairs be increased to $30,000 for the current fiscal year; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the issuance of a blanket purchase order to Al Packer, Inc. in the total amount of $30,000 for Fiscal Year 2022, with funds expended from Account No. A5522-34610 (Public Works/Fleet – Repair and Maintenance). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Interim Village Manager FROM: Keith Davis, Fleet Manager DATE: September 8, 2022 SUBJECT: RESOLUTION – Approval to increase the FY 2022 Blanket Purchase Order issued to Nextran Truck Center, Inc. to $35,000 Village Staff is recommending Village Council consideration and approval of the attached Resolution increasing the FY 2022 blanket purchase order issued to Nextran Truck Center, Inc. to $35,000. The Village uses Nextran Truck Center, Inc. for parts and repairs. The Village has spent $20,000.00 with this vendor year to date on parts and repairs. The Fleet division anticipates additional repairs will be needed before the end of fiscal year 2022. These repairs are critical to the Public Works department to continue providing uninterrupted services to the residents of the Village of North Palm Beach. In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000: “Blanket purchase orders in excess of $25,000 shall be approved by the Village Council, provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall be placed on the Consent Agenda.” The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department / Division Account Number Account Description Amount General Public Works/ Fleet A5522-35218 Auto Parts Supplies $35,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a FY 2022 blanket purchase order issued to Nextran Truck Center in the total amount of $35,000, with funds expended from Account No. A5522-35218 (Fleet – Auto Parts & Supplies), in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR THE PUBLIC WORKS DEPARTMENT WITH NEXTRAN TRUCK CENTER, INC. IN THE TOTAL AMOUNT OF $35,000 FOR PARTS AND REPAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a certain period of time not to exceed a single fiscal year and require Village Council approval for blanket purchase orders in excess of $25,000; and WHEREAS, based on current spending trends, Village Staff is requesting that the blanket purchase order issued to Nextran Truck Center, Inc. for truck parts and repairs be increased to $35,000 for the current fiscal year; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the issuance of a blanket purchase order to Nextran Truck Center, Inc. in the total amount of $35,000 for Fiscal Year 2022, with funds expended from Account No. A5522-35218 (Public Works/Fleet – Auto Part & Supplies). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES JULY 26, 2022 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present: Julie Morrell, Library Manager Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary Tina Chippas, Member Carolyn Kost, Member Brad Avakian, Member – by phone Leslie Metz, Member APPROVAL OF MINUTES Carolyn Kost made a motion to accept the Minutes for the July 26, 2022 meeting. Phyllis Wissner seconded the motion, which passed with a unanimous vote. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following:  Facilities: o A deposit has been paid to R. George to begin the upstairs remodel. Wooden shelving has been ordered. New carpets will be ordered after the shelves are received.  Staff: o There remains one open position; one staff member is on leave.  Children’s Programming o Four daytime story times continue each week on Tuesdays with an average of 40 parents and children attending o Children’s craft programs average 20 weekly. o Partnership with TCS  Visits (which were stopped in March 2020) will resume when school starts in August.  Each student will be offered a library card application. This year the card will go home with the student for afterschool/weekend usage.  Teachers will get a class card and any book checked out during these visits will stay in the class room. o Summer Programming, Oceans of Possibilities is concluded:  Due to popularity of these programs, adult programs and offerings on Teacher workdays is being reviewed. o The Palm Beach County School District Free Lunch and Snacks program ends July 29.  NPB Library will host this program again next year, possibly adding a third day. o Manager Morrell made a presentation regarding Dolly Parton’s Imagination Library Foundation.  This organization mails an age appropriate book to all registered children ages 0-5 on a monthly basis.  A sponsor is required to fund this.  Only one affiliate is in Palm Beach County, in the western Glades area.  See new business for Board discussion.  Teen Programming: o Teen volunteers were very helpful throughout the summer.  Adult Programming: o Knit and Crochet continues on Mondays with 12 to 13 attendees. o Friday Yoga in the Park has stopped until October. o 12 members of the Book Club discussed The Hotel Nantucket by Elin Hildergrand on July 7 o Guest speaker with Dr. Stefan Harzen of the Taras Foundation presented a lecture on World Oceans Day, June 8th;  The public learned about dolphins and the conservation efforts of the Taras Foundation. o Great Courses Lectures continued;  A History of India - attended by approximately 21 patrons so far.  Topic concluded today (July 26).  Travel videos will begin in October.  Circulation continues to increase overall OLD BUSINESS None NEW BUSINESS Regarding Dolly Parton’s Imagination Library Foundation:  Carolyn Kost expressed concern over lack of performance metrics of the organization regarding the encouragement of reading and literacy. The possible lack of sustainability of receiving a book through the mail and the encouragement of consumerism versus sharing resources.  Bonnie Jenkins questioned the need of this service in an urban area; the rural nature of the Glades supports the efficacy of this program there.  Other members were in agreement with both statements, but all agreed that putting a book into a child’s hands is never a bad thing.  Ms. Kost will obtain the organizations latest 501(c) annual report and bring it in next month. QUESTIONS AND ANSWERS None ADJOURNMENT Carolyn Kost motioned to adjourn the meeting. Phyllis Wissner seconded the motion and the meeting adjourned at 7:23pm. The next meeting will be Tuesday, August 23, 2022, at 7:00pm in the Obert Room. Respectfully submitted by Bonnie Jenkins MINUTES OF THE INFRASTRUCTURE SURTAX OVERSIGHT COMMITTEE AUGUST 15, 2022 CALL TO ORDER: Chairperson Karen Marcus called the meeting to order at 6:03 p.m. ROLL CALL: Present: Karen Marcus, Patty Sullivan, Cathy Graham, Beverly Robinson Absent: Mary Phillips Also Present: Chuck Huff, Acting Village Manager Chad Girard, Acting Director of Public Works APPROVAL OF MINUTES: A motion to approve the Minutes of the last meeting held on October 5, 2021 was made by Cathy Graham and seconded by Patty Sullivan, which passed unanimously. DISCUSSION TOPICS: Chad Girard discussed the six projects described on the FY2023 Capital Outlay Spreadsheet to be funded with surtax funds for a grand total of $1,292,000. ACTION TOPICS: Chairperson Marcus called for a Motion. Beverly Robinson made a motion to allocate the funds outlined for the Infrastructure Surtax on the FY2023 Capital Outlay Spreadsheet for the uses described therein. The Motion was seconded by Patty Sullivan. All voted and approved unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:25 p.m. Minutes submitted by Cathy Graham, Secretary August 16, 2022 VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Charles Huff, Interim Village Manager FROM: J.D. Armstrong, Fire Chief DATE: September 8, 2022 SUBJECT: RESOLUTION – Approving the purchase of one (1) 2024 Freightliner M2 4-Door Cab with PL Custom Titan Medium Duty Ambulance Module from South Florida Emergency Vehicles, LLC at a total cost of $619,728.75 and the surplus of one (1) 2016 Freightliner/AEV Ambulance. Village Staff is seeking Council consideration and adoption of a Resolution approving the purchase of one (1) 2024 Freightliner M2 4-Door Cab with PL Custom Titan Medium Duty Ambulance Module from South Florida Emergency Vehicles, LLC and the surplus of one (1) 2016 Freightliner/AEV Ambulance. Background: Rescue Vehicle #394 is a 2016 model with 57,684 miles. The vehicle has required extensive maintenance to remain in service; consequently, it has reached the end of its cost-effective service life. It is budgeted to be replaced in Fiscal Year 2023; however, due to the shortage of chassis, it is necessary to order the vehicle at this time to put us in the queue for chassis assignment in 2023 with expected delivery in 2024. Purchasing: This vehicle will be purchased through South Florida Emergency Vehicles, LLC utilizing pricing established in an existing Sourcewell Contract (RFP #110921 – Ambulances and Emergency Medical Services Vehicles), Product ID# PCL16. The total price is $619,728.75. Funding: This purchase can be funded utilizing existing American Rescue Plan Act (ARPA) funds. Account Information: Fund Department Account Number Account Description Amount American Rescue Plan Act (ARPA) ARPA Expense Q5541-66410 Automotive $619,728.75 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the purchase of one (1) 2024 Freightliner M2 4-Door Cab with PL Custom Titan Medium Duty Ambulance Module utilizing pricing established in and existing Sourcewell Contract (RFP #110921 – Ambulance and Emergency Medical Services Vehicles) at a total cost not to exceed $619,728.75, with funds expended from Account No. Q5541-66410 (ARPA Expense – Automotive), authorizing the Interim Village Manager to execute the necessary Purchase Agreement and related documents and declaring one (1) 2016 Freightliner/AEV ambulance Rescue #394 (VIN: 1FVACWDT1HHJC9199) as surplus and authorizing its disposal following delivery and acceptance of the replacement unit 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 THE PURCHASE OF ONE 2024 FREIGHTLINER M2 4-DOOR CAB WITH PL CUSTOM MEDIUM DUTY AMBULANCE MODULE FROM SOUTH FLORIDA EMERGENCY VEHICLES, LLC PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT FOR AMBULANCES AND EMERGENCY MEDICAL SERVICES VEHICLES; AUTHORIZING THE INTERIM VILLAGE MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ALL REQUIRED DOCUMENTS; DECLARING AN EXISTING 2016 FREIGHTLINER/AEV AMBULANCE AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department is requesting the purchase of one ambulance utilizing American Rescue Plan Act (“ARPA”) funds; and WHEREAS, Village Staff recommends the purchase of one 2024 Freightliner M2 4-Door Cab with PL Custom Titan Medium Duty Ambulance Module equipped in accordance with Village specifications pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (RFP #110921 – Ambulances and Emergency Medical Services Vehicles); and WHEREAS, the Village Council wishes to declare one existing ambulance as surplus property and authorize its disposal; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the purchase of one 2024 Freightliner M2 4- Door Cab with PL Custom Titan Medium Duty Ambulance Module equipped in accordance with Village specifications pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (RFP #110921 – Ambulances and Emergency Medical Services Vehicles). The total amount of expended for this purchase shall not exceed $619,728.75, with funds expended from Account No. Q5541-66410 (ARPA Funds – Automotive). The Village Council further authorizes the Interim Village Manager to execute the Purchase Agreement and all required documents. Section 3. The Village Council hereby declares the following ambulance as surplus property and authorizes its disposal once the replacement unit is delivered and accepted: 2016 Freightliner/AEV Ambulance (Rescue #394) VIN: 1FVACWDT1HHJC9199 Page 2 of 2 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 110921-PLC Rev. 3/2021 1 Solicitation Number: RFP #110921 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and P.L. Custom Body and Equipment Co., Inc., 2201 Atlantic Ave., Manasquan, NJ 08736 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Ambulance and Emergency Medical Service Vehicles from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires February 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out, refurbished, or remounted Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 3 apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 7 The Supplier will submit payment to Sourcewell in the amount specified in the table below, based on the number of units in each order by Participating Entities under this Contract, as the administrative fee during each calendar quarter. Order Size Administrative Fee 5 units or fewer $1,000.00 USD 6 - 10 units $2,000.00 USD 11 - 15 units $3,000.00 USD 16 units or more $4,000.00 USD Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 8 B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 9 A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 10 C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 11 work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 12 $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 13 C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 14 government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 15 each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 16 F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 17 right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 110921-PLC Rev. 3/2021 18 S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell P.L. Custom Body and Equipment Co., Inc. By: __________________________ By: __________________________ Jeremy Schwartz Deborah L. Thomson Title: Chief Procurement Officer Title: President Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,!           5)3$PEXODQFHDQG(PHUJHQF\0HGLFDO6HUYLFH 9HKLFOHV 9HQGRU'HWDLOV Company Name:P.L. Custom Body and Equipment Co., Inc. Does your company conduct business under any other name? If yes, please state: PL Custom Emergency Vehicles (ambulances, remounts, conversions) and Rescue 1 (rescues, command, haz-mat) Address: 2201 Atlantic Avenue Manasquan, NJ 08736 Contact:Chad Newsome Email:cnewsome@plcustom.com Phone:732-223-1411 149 Fax:732-223-8456 HST#:41-1310360 6XEPLVVLRQ'HWDLOV Created On:Tuesday October 12, 2021 10:18:16 Submitted On:Friday November 05, 2021 15:54:06 Submitted By:Deb Thomson Email:debthomson@plcustom.com Transaction #:4f52d12b-d5ba-470c-aad4-957fe47cb4ed Submitter's IP Address:96.56.20.251 Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation). /LQH ,WHP 4XHVWLRQ 5HVSRQVH 1 Proposer Legal Name (one legal entity only):   (In the event of award, will execute the  resulting contract as "Supplier") P.L. Custom Body and Equipment Co., Inc. * 2 Identify all subsidiary entities of the Proposer  whose equipment, products, or services are  included in the Proposal. There are no subsidiary entities. * 3 Identify all applicable assumed names or DBA  names of the Proposer or Proposer's  subsidiaries in Line 1 or Line 2 above. PL Custom Emergency Vehicles. * 4 Proposer Physical Address: 2201 Atlantic Ave,  Manasquan, NJ 08736 * 5 Proposer website address (or addresses):www.plcustom.com * 6 Proposer's Authorized Representative (name,  title, address, email address & phone) (The  representative must have authority to sign  the “Proposer’s Assurance of Compliance” on  behalf of the Proposer and, in the event of  award, will be expected to execute the  resulting contract): Deborah L. Thomson President debthomson@plcustom.com 732.223.1411 * 7 Proposer's primary contact for this proposal  (name, title, address, email address & phone): Chad Newsome National Sales Manager cnewsome@plcustom.com 732.223.1411 ext. 149 * 8 Proposer's other contacts for this proposal, if  any (name, title, address, email address &  phone): None 7DEOH&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK /LQH ,WHP 4XHVWLRQ 5HVSRQVH 9 Provide a brief history of your company,  including your company’s core values,  business philosophy, and industry longevity  related to the requested equipment, products  or services. P.L. Custom Body and Equipment Co., Inc. (PLCB) is a closely held, independently  owned C-Corporation manufacturer located in Manasquan, NJ. We have been in the  business of serving the emergency services community with the manufacturing of  ambulances, rescue trucks, and other specialty response units since 1946. 2021  marks our 75th anniversary! The business was purchased by the Smock Family in  1970 and is operating under the same management today. P.L. Custom Body and Equipment Co., Inc, DBA PL Custom Emergency Vehicles  (PLCEV), manufacturers Type I, Type III, and Medium Duty ambulances. As our  name symbolizes, we are a custom manufacturer. We have 175 full time employees  at our Manasquan, NJ location. Many of our employees have been with us for 20,  30, and over 40 years! This longevity and loyalty are supported by the true family  commitment we have for our employees. The tribal knowledge these long-term  employees have is invaluable to both our company and to our customers. Central to our core values is a dedication to design and the manufacturing of  reliable, durable, and serviceable vehicles customized to meet and exceed the  specific needs of our customers. We are known as a company that stands behind  our products and will always do the right thing when it comes to our customers. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 10 What are your company’s expectations in the  event of an award? In the event of an award by Sourcewell for our Emergency Vehicles, we would  expect to achieve an increase in sales and deliveries. As we saw on our last  awarded contract, the growing acceptance and desire for cooperative bids, and in  particular the Sourcewell program, has opened new avenues to expand our product  reach. The Sourcewell Members consistently point out the ease of working with this  specific cooperative purchasing program. If awarded, we see a continuation and  expansion of being able to assist those members in acquiring products from PLCB. * 11 Demonstrate your financial strength and  stability with meaningful data. This could  include such items as financial statements,  SEC filings, credit and bond ratings, letters  of credit, and detailed reference letters.  Upload supporting documents (as applicable)  in the document upload section of your  response. PL Custom Body & Equipment Co had annual revenue of $25,765,555.00 in 2020.  This was generated from the manufacture and sale of ambulance vehicles, rescue  vehicles, ambulance body remounts, service and parts sales.  Our financial  statements for 2020/2019 are included in our submission.  We enjoy a strong and long-term relationship with Provident Bank, with credit lines  for both chassis and working capital. These credit lines are approved at $6,000.000  total. We also have a relationship with Ford Motor Credit and a chassis line of  $3,500,000. Our approved interest rate for both of these lines is below prime. Our performance bond rating with NGM Insurance Company is strong and has been  maintained for many years at a percentage rate of <1%. * 12 What is your US market share for the  solutions that you are proposing? Our US market share for our ambulances and emergency vehicles is approximately  5% per the NTEA / AMD annual survey reports. * 13 What is your Canadian market share for the  solutions that you are proposing? We currently do not market our ambulance vehicles in Canada. * 14 Has your business ever petitioned for  bankruptcy protection? If so, explain in detail. NO * 15 How is your organization best described: is  it a manufacturer, a distributor/dealer/reseller,  or a service provider?  Answer whichever  question (either a) or b) just below) best  applies to your organization. a)    If your company is best described as  a distributor/dealer/reseller (or similar entity),  provide your written authorization to act as a  distributor/dealer/reseller for the manufacturer  of the products proposed in this RFP. If  applicable, is your dealer network  independent or company owned? b)    If your company is best described as  a manufacturer or service provider, describe  your relationship with your sales and service  force and with your dealer network in  delivering the products and services  proposed in this RFP. Are these individuals  your employees, or the employees of a third  party? P.L. Custom Body and Equipment Co., Inc. is a manufacturer of custom ambulances  and emergency vehicles. Answering b) PL Custom Emergency Vehicles is a manufacturer of custom emergency vehicles  with sales distribution thru a network of independently owned and operated Sales  and Service Dealers in 29 states outside of New Jersey. These individuals would  be considered employees of a third party. Our Dealers maintain a sales distribution agreement with P.L. Custom Body and  Equipment Co., Inc. which details their respective area of responsibility, performance  expectations, and service requirements. Sales and service in New Jersey is  provided by New Jersey Emergency Vehicles (NJEV), a division of PLCB. This staff  of 32 sales and service techs are employees of PLCB. * 16 If applicable, provide a detailed explanation  outlining the licenses and certifications that  are both required to be held, and actually  held, by your organization (including third  parties and subcontractors that you use) in  pursuit of the business contemplated by this  RFP. PLCB maintains Certification to Federal Specification KKK-A-1822 Rev. F, Ford  QVM, NFPA, and OSHA. We maintain manufacturer licenses in all states that  require it. We are current members of NFPA, NJBIA, NTEA/AMD/MVP, and CAAS. * 17 Provide all “Suspension or Debarment”  information that has applied to your  organization during the past ten years. None * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 18 Describe any relevant industry awards or  recognition that your company has received  in the past five years NTEA/MVP Qualified Company Ford QVM approval rating at 98.5% NTEA/AMD Executive Board Member, Deborah L. Thomson, active member and  former chair of the division. * 19 What percentage of your sales are to the  governmental sector in the past three years 90% of our vehicles sales are to government / municipal customers; local/city  fire/ems departments, large county fire/ems departments. 10% of our vehicle sales  are to hospital based ems services. * 20 What percentage of your sales are to the  education sector in the past three years We do not sell to the education sector. * 21 List any state, provincial, or cooperative  purchasing contracts that you hold. What is  the annual sales volume for each of these  contracts over the past three years? Houston Galveston Area Cooperative (HGAC) $5,000,000 avg per year for the past  3 years Pennsylvania Co-Stars – maintained by Pennsylvania Dealer  FCAM - Maintained by Massachusetts Dealer Florida Sheriffs – Maintained by Florida Dealer Sourcewell for ambulances and rescue vehicles – over $5,000,000 in 2021 and  continuing to grow * 22 List any GSA contracts or Standing Offers  and Supply Arrangements (SOSA) that you  hold. What is the annual sales volume for  each of these contracts over the past three  years? We do not have a GSA Contract * 7DEOH5HIHUHQFHV7HVWLPRQLDOV /LQH,WHP. Supply reference information from three customers who are eligible to be Sourcewell participating entities. (QWLW\1DPH &RQWDFW1DPH 3KRQH1XPEHU Clinton Rescue Squad PO Box 5265 Clinton, NJ  08809 Member # 98207 Frank Setnicky, Chief 908.735.4012 * City of Novi 45175 W. 10 Mile Road Novi, MI 48375 Member # 26244 Michael Rhatigan Fleet Asset Manager City of Novi 248.567.0395 * City of Elkhart 2421 17th Street Elkhart, IN  46517 Member # 27713 Shaun Edgerton, Chief Kristi Sommer, Asst. Chief Elkhart Fire Department 574.293.8931 * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV /LQH,WHPProvide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. (QWLW\1DPH (QWLW\7\SH 6WDWH 3URYLQFH 6FRSHRI:RUN 6L]HRI7UDQVDFWLRQV 'ROODU9ROXPH3DVW7KUHH <HDUV Chesterfield  County Fire &  EMS Government Virginia - VA International Medium Duty  Ambulances 12 Units 3,600,000.00 * Montgomery  County Fire Government Maryland - MD Freightliner Medium Duty  Ambulances Spartan Heavy Rescue Units 16 ambulances 3 Heavy Rescue 8,600,000.00 * Spring Hill  Community  Ambulance  Corp Government New York - NY Type I, Type III and remount  vehicles 6 units 1,500,000.00 * Wheaton  Volunteer  Rescue Squad Government Maryland - MD Freightliner Medium Duty  Ambulances Conversion vehicles 3 ambulances 3 conversion vehicles 1,110,000.00 * Boca Raton  Fire Dept Government Florida - FL Freightliner Medium Duty  Ambulances 3 Ambulances 1,350,000.00 * 7DEOH$ELOLW\WR6HOODQG'HOLYHU6HUYLFH Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. /LQH ,WHP 4XHVWLRQ 5HVSRQVH 25 Sales force.PLCB currently has a sales force in the field of 84 sales representatives. * 26 Dealer network or other distribution  methods. Our dealer network is comprised of 20 dealerships in 30 states and the District of  Columbia. The states that have direct dealer coverage are Alabama, Colorado,  Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine,  Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire,  New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South  Carolina, Tennessee, Texas, Vermont, Virginia, Washington DC, West Virginia,  Wisconsin. In states that we do not have dealer coverage, members may purchase  factory direct. * 27 Service force.All of our dealers offer full service through their own dealerships, not through  subcontractors, in their respective areas of responsibility. In areas where no dealer is  present, we partner with either the member's own fleet service department or an  independent service vendor for warranty support of the product. All sales and service  territories are clearly defined with no overlapping areas. * 28 Describe the ordering process. If orders  will be handled by distributors, dealers or  others, explain the respective roles of the  Proposer and others. PL Custom Emergency Vehicles supports our dealer network and customers with a  very thorough proposal process, including detailed specifications, pricing, and  drawings. We maintain a log for each of these projects assigned to each dealer.  When a Sourcewell customer inquiry is received, the customer information would be  documented and forwarded to the dealer in the particular area of responsibility. The  dealer / sales representative would contact the customer directly. We at PL Custom  Emergency Vehicles would support the dealer with the proper proposal format and  pricing for the Sourcewell contract. While most contracts are directly between the customer and the dealer, in the event  of a factory direct sale, the factory will handle all of the contract paperwork. Once the vehicle is contracted with the dealer, the file converts to a booked order  and is logged into our production job database. At that time it will also be coded as  a Sourcewell contract. If the contract is to be Sourcewell, we would document the details of the project and  submit the information to Sourcewell on a quarterly base as required. PL Custom  Emergency Vehicles would remit the fee to Sourcewell on behalf of the customer and  the dealer at time of delivery. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 29 Describe in detail the process and  procedure of your customer service  program, if applicable.  Include your  response-time capabilities and  commitments, as well as any incentives  that help your providers meet your stated  service goals or promises. In locations where PLCB has dealer representation (as noted above in 26), customer  service is handled primarily through the assigned dealer. Customers have access to  direct phone numbers, after hour’s points of contact, e-mail and fax access, as well  as a host of social media platforms.  In those areas with dealer coverage, PLCB  also stands by to assist with sales and service support, as well as twenty-four  service support. In areas not supported with dealer coverage, we maintain committed  to customer support (sales / service) with 24 hour phone, e-mail, and social media  (Facebook) access. * 30 Describe your ability and willingness to  provide your products and services to  Sourcewell participating entities in the  United States. As noted above in sections 25, 26, and 27, PL Emergency Vehicles looks forward  to building on the successes of our first Sourcewell contract. We want to be the  premier supplier for Sourcewell members looking for exceptional quality emergency  vehicles. * 31 Describe your ability and willingness to  provide your products and services to  Sourcewell participating entities in Canada. As Canada has different standards for ambulance, we are not currently looking to  expand into that marketplace. * 32 Identify any geographic areas of the United  States or Canada that you will NOT be  fully serving through the proposed contract. As noted in question 26, we have sales and service dealerships in 30 states and  the District of Columbia. In those areas not covered by a dealer, we can sell factory  direct to the members and then partner with either the member's own fleet service  department or an independent service vendor for warranty support of the product. As noted in question 31, we are not currently looking to sell in Canada due to  different standards for ambulances in that marketplace. * 33 Identify any Sourcewell participating entity  sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving  through the proposed contract. Explain in  detail. For example, does your company  have only a regional presence, or do other  cooperative purchasing contracts limit your  ability to promote another contract? There are no Sourcewell participating entities that we would exclude from servicing. * 34 Define any specific contract requirements  or restrictions that would apply to our  participating entities in Hawaii and Alaska  and in US Territories. As we do not have any dealers currently serving Hawaii, Alaska, or in the US  territories, we would treat any sales opportunities as a factory direct sale. Members  that choose not to take delivery from PLCB's location can choose to have the  vehicles delivered to their location. The cost for this service would be itemized out to  the Member and billed out as a separate part of the final invoicing. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH0DUNHWLQJ3ODQ /LQH ,WHP 4XHVWLRQ 5HVSRQVH 35 Describe your marketing strategy for  promoting this contract opportunity.   Upload representative samples of your  marketing materials (if applicable) in  the document upload section of your  response. If we are awarded the Sourcewell contract, we will have new training programs for our  dealers - as we did previously with the first contract - to promote Sourcewell and educate  our dealers on the benefits, use, and procedures associated with proper utilization of this  contract. We will distribute printed and electronic supporting documents for our dealers to  distribute and promote with their customer base, as well as promoting our involvement in  the contract with Sourcewell Members directly.  In addition, PLCB will use our website, Facebook page, e-mail campaigns, and print  advertising to promote our continued participation with Sourcewell. At the over 50 trade  shows PLCB products are displayed at, we will have signage and information available  promoting our status as an awarded vendor with Sourcewell. * 36 Describe your use of technology and  digital data (e.g., social media,  metadata usage) to enhance  marketing effectiveness. PLCB has two websites for our different product lines, PL Custom Emergency Vehicles -  www.plcustom.com and Rescue 1 - www.rescue1mfg.com. We also maintain Facebook  pages for each product line. Our total likes for both pages is approaching 18,000 and our  reach is even higher.  Our websites and Facebook pages all have direct links to  Sourcewell. We routinely post on our Facebook pages about the value of becoming a Sourcewell  Member. * 37 In your view, what is Sourcewell’s role  in promoting contracts arising out of  this RFP? How will you integrate a  Sourcewell-awarded contract into your  sales process? Sourcewell's role in promoting contracts arising out of this RFP should be multi-layered.  We appreciate and are well aware of, and follow, your social media activity. The  websites - both for Members and vendors - is filled with helpful content. The area that  seems to need increased activity is participating in more trade shows in the Fire / EMS  industry. We were happy to see Sourcewell attending the FDIC Conference in Indianapolis.  A recommendation would be to also attend both the EMS World Expo and EMS Today  conferences. In terms of our integration of our Sourcewell-awarded contract into our sales process, it is  promoted by our dealers in three levels: First level - Prior to a demo appointment, the sales representative performs an agency  look-up to see if the customer is already a Member.  Second level - If the customer is a Sourcewell Member, they go to the meeting with a pre- proposal showing the applicable contract model and pricing. If the customer is not a  member, they bring along information on becoming a member. Third Level - If the customer is not a member, but they are funded by their municipality,  the dealers take the same steps as the prior two levels. In some cases, we may enlist  the assistance of Sourcewell in promoting the contract to the purchasing municipal  government. This was done successfully with Raritan Township, NJ previously. * 38 Are your products or services  available through an e-procurement  ordering process? If so, describe your  e-procurement system and how  governmental and educational  customers have used it. PLCB does not have an e-procurement system. * 7DEOH9DOXH$GGHG$WWULEXWHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 39 Describe any product, equipment,  maintenance, or operator training  programs that you offer to  Sourcewell participating entities.  Include details, such as whether  training is standard or optional,  who provides training, and any  costs that apply. Sales training offered multiple times during the year at PLCB, as well as at the dealer  locations.  Service training to dealers is offered to both dealers and customers multiple times per year  at PLCB and also at dealer / customer location. Hard copy and electronic training manuals  are provided to all attendees. Customer specific tours of our facility and meetings with upper management and engineering. Pre-construction meetings with customers are held either here at PLCB or virtually via Zoom  prior to final approval packages submitted for customer sign-off. This meeting is chaired by  the specific engineer / project manager for the vehicle. All of the above are provided to our customers and dealers at no charge. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 40 Describe any technological  advances that your proposed  products or services offer. Vehicle enhancements using new technology: VMUX Multiplexed Electrical systems with integrated diagnostics for vehicle condition Idle reduction/mitigation systems to support on scene load demands UV lighting upgrades in Climate control system for air sanitation UV lighting system for surface disinfection  AeroClave, MEDS disinfecting topical spray systems 360 degree, rear view, patient compartment and exterior blind spot cameras with monitor in  cab Electrical load management with cab mounted indicators and potential load shed when draw  exceeds output. Anti-theft devices to secure vehicle when left unattended. Dash Cam DVR for recording vehicle activity and GPS. Seat Belt monitoring systems for cab and patient area. Narcotics lockers with Biometrics, PIN and proximity cards to control and document access. Electronic keyless access control for cabinetry and drawers using keypads or smart card  credentials. Climate controlled cabinets to monitor for temperature sensitive drugs and saline. On board vehicle WIFI and wireless routers for telecommunication Engineering/Technology: Quote Writer for sales quoting Solid Works for 3D modeling and design Drive Works for 3D modeling and drawing configuration Solid Works EPDM for storage of engineering data Solid Works Electrical for electrical design and schematics OMAX Precision WaterJet System for metals processing Safran e-Brake for metals processing Radan software for water jet and e-brake Sage MAS 200 ERP for accounting and inventory Ford IDS Integrated Diagnostic System for vehicle diagnostics/ Ford NGS New Generation Star Tester for diagnostics John Bean Front End Alignment  In house paint mixing systems for Akzo Nobel Sikkens Thermwood CNC Router for Cabinet shop * 41 Describe any “green” initiatives  that relate to your company or to  your products or services, and  include a list of the certifying  agency for each. We offer solar panel technology to support the charging or recharging of the vehicle  batteries. This allows the vehicle engine to be shut off and not drain the batteries when the  communication radios, temperature-controlled cabinets, computers etc. are still needed to be  active. We offer Idle reduction technology for those customers that need to remain on the scene of  an incident and want to turn the engine off to reduce emissions into the air.   Internally at the company, we maintain recycling of paper, aluminum and plastic. We recycle  delivery pallets back to the original company. Scrap metal, wood and cardboard is recycled  thru services specific to recycling. We have embraced the remote work environment and continue this program post the  pandemic requirements. This reduces commutation fuel consumption and energy/utility usage  here in the office/plant. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 42 Identify any third-party issued eco- labels, ratings or certifications that  your company has received for  the equipment or products  included in your Proposal related  to energy efficiency or  conservation, life-cycle design  (cradle-to-cradle), or other  green/sustainability factors. We do not have any current third party eco-labels/certifications. * 43 Describe any Women or Minority  Business Entity (WMBE), Small  Business Entity (SBE), or veteran  owned business certifications that  your company or hub partners  have obtained. Upload  documentation of certification (as  applicable) in the document  upload section of your response. PL Custom Body and Equipment Co., Inc. is a woman owned company. Jean S Smock  and Deborah Smock Thomson maintain current ownership and management.  Key management positions are held by women: Nancy Buhagiar VP of Operations and Finance Kim Blanco HR Manager Patricia Hill Marketing Manager Cindy Straubinger, Service Manager Lisa Croasmun, Quality Assurance Manager. * 44 What unique attributes does your  company, your products, or your  services offer to Sourcewell  participating entities? What makes  your proposed solutions unique in  your industry as it applies to  Sourcewell participating entities? P.L. Custom Body and Equipment Co., Inc. is an independent and family-owned  manufacturer of custom emergency vehicles with a hands-on approach to our customers.  Accessibility to and involvement with upper management is a component of every customer  relationship that we maintain. We answer to our customers and employees, not a board of  directors. This offers added value to our customers and to Sourcewell Members. The  experienced solutions our people offer result in a better understanding of our customers'  needs and a strong repeat customer base. * 7DEOH:DUUDQW\ 'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUH DQGRYHUDOOVWUXFWXUH<RXPD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV LIDSSOLFDEOH LQWKHGRFXPHQW XSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKHTXHVWLRQVEHORZ /LQH ,WHP 4XHVWLRQ 5HVSRQVH 45 Do your warranties cover all products, parts, and  labor? Yes. Our warranties are as follows: 3 year, 36,000 mile General Conversion Lifetime Structural Integrity Lifetime, 100,000 mile Electrical 10 year Paint 5 Year Paint Corrosion * 46 Do your warranties impose usage restrictions or  other limitations that adversely affect coverage? Paint Corrosion Warranty has prorated coverage in the 4th and 5th year of  the warranty timeframe. Components that are manufactured by other are covered by their  representative warranties. We facilitate warranty coverage for our Dealers  and Customers in these incidents. * 47 Do your warranties cover the expense of  technicians’ travel time and mileage to perform  warranty repairs? Yes, upon request. * 48 Are there any geographic regions of the United  States or Canada (as applicable) for which you  cannot provide a certified technician to perform  warranty repairs?  How will Sourcewell  participating entities in these regions be provided  service for warranty repair? All states currently serviced by our Dealer Network are fully covered for all  warranty needs. In the areas where we may not have a Dealer, we  coordinate with a local chassis dealer as well as an emergency vehicle  facility to support the customer with warranty repairs. In some areas, we  have set up the customer as a warranty facility when they have the ability to  do so. We offer service training at our location and also at the  customers/service center location to support this opportunity. * 49 Will you cover warranty service for items made by  other manufacturers that are part of your proposal,  or are these warranties issues typically passed on  to the original equipment manufacturer? Some items that are manufactured by others are covered in both our 3 year  general conversion and lifetime electrical warranties. Other items are covered  by the respective manufacturer’s warranty – some of which are for longer  periods of time.  We facilitate warranty coverage for our Dealers and Customers in these  incidents.  We have several lighting brands that offer 5 year and lifetime warranties on  their products.  All of which are extended to the end user customer. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 50 What are your proposed exchange and return  programs and policies? Warranty Reimbursement procedure: The Dealer Service Center is contacted by the customer in the event of a  warranty repair need. The Dealer contacts PL Custom (mfg.) for warranty  authorization and diagnostic assistance for the reported issue. Warranty Pre-Approval Authorization: All warranty claims require a pre- approved Warranty Authorization Number. This pre-approval process is  required to first, inform PL Custom/Rescue 1 of a warranty problem, but  second and most important, to help diagnose and repair warranty service  problems in the field. Payment of warranty claims requires an approved  authorization number.  Warranty Parts: If warranty parts are required and authorized, PL  Custom/Rescue 1 will ship in stock replacement parts the day the request is  made, provided the part is ordered before 2:00 p.m.. Parts that need to be  ordered will be either shipped from the parts manufacturer or shipped out  the same day they arrive to PL Custom/Rescue 1.  Return of Defective Parts: When warranty parts are provided, defective parts  must be returned to PL Custom/Rescue 1 within 30 days of the parts being  shipped to be processed for credit. * 51 Describe any service contract options for the  items included in your proposal. Preventative maintenance contracts are offered to our customers for annual  inspections and chassis maintenance needs such as oil changes, fluid  checks, transmission service and battery load testing for optimal performance. PL Custom is a Ford Authorized Warranty Center providing bumper to  bumper support for our customers with the Ford Chassis.  Several of our Dealers also provide Freightliner and International Chassis  warranty to their customers allowing for minimal downtime when the vehicle  is out of service for repair. * 7DEOH3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 52 Describe your payment terms and accepted payment  methods. Standard payment terms are payment upon delivery of the  completed vehicle to the customer. Terms other than that are offered  and negotiated on a per case basis. Discounts are offered for progress payments to the contract. We allow for check payments and wire transfer payments for  completed vehicles. * 53 Describe any leasing or financing options available for use  by educational or governmental entities. PL Custom does not offer in house leasing. We work closely with  several municipal leasing companies and connect the customer  directly to them for the opportunity. Recent Sourcewell networking  events have opened  up other opportunities in this area as well. * 54 Describe any standard transaction documents that you  propose to use in connection with an awarded contract  (order forms, terms and conditions, service level  agreements, etc.). Upload a sample of each (as  applicable) in the document upload section of your  response. Our Order Form is the first indication into the factory that this  particular order will be a Sourcewell Member order (see upload).  We also have a Sourcewell sales reporting form that is used for  our quarterly reports to Sourcewell (see upload). * 55 Do you accept the P-card procurement and payment  process? If so, is there any additional cost to Sourcewell  participating entities for using this process? We currently do not use a P-card payment process for completed  vehicles. We do offer this for smaller purchases for parts and  service. * 7DEOH3ULFLQJDQG'HOLYHU\ Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. /LQH ,WHP 4XHVWLRQ 5HVSRQVH Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 56 Describe your pricing model (e.g., line-item discounts or  product-category discounts). Provide detailed pricing data  (including standard or list pricing and the Sourcewell  discounted price) on all of the items that you want  Sourcewell to consider as part of your RFP response. If  applicable, provide a SKU for each item in your proposal.  Upload your pricing materials (if applicable) in the  document upload section of your response. Detailed price lists for all base vehicles and associated options  have been included in our proposal.  The pricing reflects an MSRP for the vehicles and options and a  5% discount for Sourcewell contract pricing. * 57 Quantify the pricing discount represented by the pricing  proposal in this response. For example, if the pricing in  your response represents a percentage discount from  MSRP or list, state the percentage or percentage range. The pricing as submitted to Sourcewell is discounted from MSRP  and is offered with a 5% discount on base vehicles and options. * 58 Describe any quantity or volume discounts or rebate  programs that you offer. We offer multiple vehicle discounts for two or more vehicles ordered  at the same time with the same spec and concurrent production.  Discount is offered at $1,500.00 per vehicle when greater than two. Discounts are also offered for progress payment opportunities. * 59 Propose a method of facilitating “sourced” products or  related services, which may be referred to as “open  market” items or “nonstandard options”. For example, you  may supply such items “at cost” or “at cost plus a  percentage,” or you may supply a quote for each such  request. We supply some items we would consider to be “pass thru” to the  customer such as; patient loading stretchers, communication radios,  exterior graphics/lettering and chassis options. We also provide for the installation of customer supplied equipment  such as patient loading stretchers, communication radios, small  tools, hand lights, and miscellaneous equipment items. Sourced goods or open market price items not on our line item  price list are treated as special option pricing and are noted as  such in the proposal and final contract pricing. These are subject to  our standard cost plus labor pricing process. No additional charges  are imposed on these items. We would allow these special options  on Sourcewell contract vehicles. * 60 Identify any element of the total cost of acquisition that is  NOT included in the pricing submitted with your response.  This includes all additional charges associated with a  purchase that are not directly identified as freight or  shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training,  or initial inspection. Identify any parties that impose such  costs and their relationship to the Proposer. The selling and service Dealer may offer the end user customer  additional technical installation opportunities for radios, computer  systems, and other equipment. The selling dealer will also many  times coordinate lettering and graphics on the completed vehicle.  Assistance with State specific EMS and licensing inspections and  motor vehicle registration processing’s are offered by our Dealers  as a convenience to the customer. * 61 If freight, delivery, or shipping is an additional cost to the  Sourcewell participating entity, describe in detail the  complete freight, shipping, and delivery program. Most vehicles are picked up at our Manasquan, NJ facility and  driven to the customer location after a final inspection here at the  factory. The vehicle is normally picked up by the Dealer/salesperson,  taken to their business location for any necessary state inspection  and motor vehicle requirements. The vehicle is then delivered to the  end user customer.  PLCB and our dealers have relationships with several transport  companies that will pick up the completed vehicle from our  manufacturing location and deliver it to the dealer or customer as  requested. The need for this increased during the pandemic  lockdowns and has continued for some as a convenience to the  customer.  Our location in New Jersey allows for many options for our  customers. We are close enough for an easy drive and centrally  located for transport companies. * 62 Specifically describe freight, shipping, and delivery terms or  programs available for Alaska, Hawaii, Canada, or any  offshore delivery. We have not delivered any units to Alaska or Hawaii. Transportation  if needed into Canada would be coordinated by our Dealer  Representative and they would coordinate all border transport and  customs requirements. * 63 Describe any unique distribution and/or delivery methods or  options offered in your proposal. Several of our dealers are from a greater distance from NJ and will  arrange for a customer final inspection here at the plan, followed up  by a transport company pick up of the completed ambulance. Our  location in the tri-state are affords easy transportation to our  location for the Dealer and the Customer. The vehicle transport is  quoted specifically for each unit based on size and destination. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH3ULFLQJ2IIHUHG /LQH ,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV &RPPHQWV 64 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. 7DEOH$XGLWDQG$GPLQLVWUDWLYH)HH /LQH ,WHP 4XHVWLRQ 5HVSRQVH 65 Specifically describe any self-audit process or program that you  plan to employ to verify compliance with your proposed Contract  with Sourcewell. This process includes ensuring that Sourcewell  participating entities obtain the proper pricing, that the Vendor  reports all sales under the Contract each quarter, and that the  Vendor remits the proper administrative fee to Sourcewell. Provide  sufficient detail to support your ability to report quarterly sales to  Sourcewell as described in the Contract template. We require all orders utilizing the Sourcewell contract to be  initially coded as a Sourcewell contract on the incoming  order form. The pricing for the sale would then be reviewed,  validated, and approved by the national sales manager. It  would then be entered into our Access database. The data  is also recorded into a tracking Excel spread sheet for all  Sourcewell contracts. That information is then shared on a  quarterly basis with Sourcewell. * 66 If you are awarded a contract, provide a few examples of internal  metrics that will be tracked to measure whether you are having  success with the contract. The reporting form to Sourcewell notes the following  information: 1. Member Name 2. Agency Under Member (ie. Fire Department of the Town  that is the Member) 3. Member address 4. Member ID# 5. Contract number 6. Product ID 7. Date of contract 8. Projected month of delivery 9. Actual delivery date 10. Fee mount for Sourcewell 11. Contract price 12. Date of payment made to Sourcewell 13. Check #  14. Selling dealer Internally, we also track if the dealer was invoiced for the  Sourcewell fee and whether we have received that fee. * 67 Identify a proposed administrative fee that you will pay to  Sourcewell for facilitating, managing, and promoting the Sourcewell  Contract in the event that you are awarded a Contract.  This fee  is typically calculated as a percentage of Vendor’s sales under the  Contract or as a per-unit fee; it is not a line-item addition to the  Member’s cost of goods. (See the RFP and template Contract for  additional details.) PLCB will propose a $ 1,000.00 per order administrative fee  for Sourcewell. As noted, this will be included in the price  as offered. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH$'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 68 Provide a detailed description of the  equipment, products, and services that you  are offering in your proposal. Our vehicles are produced as Medallion Type III, Classic Type I, and Titan Medium  Duty ambulances. Utilizing the Ford, RAM, Chevrolet, Freightliner, International, and  Kenworth chassis platforms, the actual choice of chassis is based on customer  preference and needs. We provide modular ambulance body remounts for Type I, Type III, and Medium  Duty ambulances. This allows the customer to retain the value in the original  ambulance body and remount it onto a new chassis when the original is worn out  with mileage or other conditions. This offers a true savings to the customer and  also extends the overall value of the ambulance. All of our vehicles are designed  with this opportunity in mind. Emergency Medical Units providing first response and ALS (Advanced Life Support)  services are offered on a variety of chassis platforms. These chassis can be Ford,  GM, or RAM platforms. * 69 Within this RFP category there may be  subcategories of solutions. List subcategory  titles that best describe your products and  services. Our RFP offering has twenty-eight different products to offer to the Sourcewell  Members. They are broken into three different groups: Ambulances - Seventeen different choices for Members, with a wide variety of  chassis platforms and module sizes. Ambulance Body Remounts - Five different choices for Members, with a wide  variety of chassis platforms. Conversion Vehicles - Six different choices for Members based upon various  chassis platforms. * 7DEOH%'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. /LQH,WHP &DWHJRU\RU7\SH 2IIHUHG &RPPHQWV 70 Type I, II, III, and IV ambulance units Yes No PLCB is offering Type I, Type III, and  Medium Duty ambulances. We do  not manufacture Type II ambulances.  A listing of all models, relevant  specifications, and drawings for each  product will be uploaded in the  documents section. * 71 Emergency medical transportation vehicles Yes No A listing of all models, relevant  specifications, and drawings for each  product will be uploaded in the  documents section. * 72 Vehicles used in the delivery of pre-hospital and  out of hospital care Yes No A listing of all models, relevant  specifications, and drawings for each  product will be uploaded in the  documents section. * 73 Equipment, accessories, and supplies  complementary or incidental to the purchase of a  turnkey or complete unit of the types described in  Lines 70-72 Yes No A listing of all optional items will be  uploaded in the documents section. * 74 Installation, customization, refurbishment, inspection,  repair and maintenance, and training and support  services related to solutions described in Lines 70- 72 Yes No In addition to training and support as  noted in question 39, our uploaded  options list covers many of the  customization options offered to  Members. * Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 7DEOH,QGXVWU\6SHFLILF4XHVWLRQV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 75 Describe available options for  customization of the equipment and  products offered in your proposal and any  related order processes. Detailed option list is uploaded for our three product segments - ambulances,  remounts, and conversions. * 76 Describe available remount or refurbishing  services included within your proposal, the  pricing method for such services, and any  related order processes. There are five different remount offerings that we are putting forth for the Sourcewell  Members. There are also optional components listed for remounts as well in our  overall option list. These are uploaded in the documents section. 77 Describe your compliance with US  standards for the equipment and products  offered in your proposal, including  applicable federal and state requirements. PLCB maintains certification to Federal Specification KKK-A-1822 Rev. F, Ford  QVM (Quality Vehicle Modifier), NFPA, and OSHA. We maintain manufacturer  licenses in all states that require it. We are also current members of NFPA, FAMA,  NJBIA, NTEA/AMD/MVP, and CAAS. 78 Describe your compliance with Canadian  standards for the equipment and products  offered in your proposal, including  applicable federal and provincial  requirements. We do not certify to Canadian ambulance standards. 7DEOH([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP /LQH,WHP127,&(: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the ([FHSWLRQVWR7HUPV&RQGLWLRQVRU 6SHFLILFDWLRQV)RUP immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. &RQWUDFW6HFWLRQ 7HUP&RQGLWLRQRU6SHFLILFDWLRQ ([FHSWLRQRU3URSRVHG0RGLILFDWLRQ 'RFXPHQWV (QVXUH\RXUVXEPLVVLRQGRFXPHQW V FRQIRUPVWRWKHIROORZLQJ: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! Pricing - PLCB Base and Optional Pricing.zip - Friday November 05, 2021 15:50:10 Financial Strength and Stability - Financial Strength and Stability.zip - Friday November 05, 2021 15:52:26 Marketing Plan/Samples - Marketing Plan and Samples.zip - Thursday November 04, 2021 08:37:50 WMBE/MBE/SBE or Related Certificates - WMBE-MBE-SBE or Related Certificates.zip - Thursday November 04, 2021 08:43:34 Warranty Information - Warranty Information.zip - Thursday November 04, 2021 08:44:01 Standard Transaction Document Samples - Standard Transaction Document Samples.zip - Thursday November 04, 2021 08:44:23 Upload Additional Document - Product Reference Guide, Ambulance quotes and drawings, remount quotes, and conversion quotes.zip - Thursday November 04, 2021 08:44:49 Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! $GGHQGD7HUPVDQG&RQGLWLRQV 352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&( I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Deborah Thomson, President, P.L. Custom Body and Equipment Co., Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. <HV 1R The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column ",KDYHUHYLHZHGWKLVDGGHQGXPbelow to acknowledge each of the addenda. )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQG DWWDFKPHQWV LI DSSOLFDEOH 3DJHV $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Tue November 2 2021 06:50 PM 1 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Tue October 26 2021 07:51 PM 1 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Thu October 14 2021 04:14 PM 1 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Tue October 12 2021 08:14 AM 1 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Mon October 4 2021 09:44 AM 1 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Thu September 30 2021 11:08 AM 2 $GGHQGXPBB$PEXODQFHB(06B9HKLFOHVB5)3B Tue September 28 2021 07:41 AM 1 Bid Number: RFP 110921 Vendor Name: P.L. Custom Body and Equipment Co., Inc. -82:1547Ā.7;36893Ā0-)Ā$$&' (%'Ȁ#!,$Ȁ#*& Ȁ*&#.Ȁ#.*/'"+ -$,! 1 Chief Scott Freseman North Palm Beach Fire Rescue DATE: 8/15/2022 560 US Hwy 1 North Palm Beach, FL 33408 Thank you for considering South Florida Emergency Vehicles and PL Custom Emergency Vehicles as your next rescue provider. We are pleased to provide the following proposal. QUANTITY PRODUCT DESCRIPTION PRICE 1 2024 PL Custom TITAN Type I Medium Duty Ambulance built on a 2024 Freightliner M2 Crew Cab chassis - 176” Length Module 75” Headroom - per attached specifications and drawings. * Base pricing is per Sourcewell Contract # 110921-PLC Product ID# PCL16 * PL Custom or SFEV will supply/install fire department’s graphics/Chevron * SFEV will remove Stryker Powerload Cot System from current North Palm Beach Fire Rescue vehicle and re-install in new ambulance * Travel expenses included for pre-build meeting and final inspection at PL Custom factory for 4 department personnel. * Includes SFEV installation of 3 customer supplied radios and 1 computer mount Pricing includes Dealer supplied/installed items (see attached list on Page 4) * $495,783.00** ea. Vehicle Delivery: 365 days after receipt of chassis ***SEE PRICING TERMS ON PAGE 2 TOTAL PRICE $495,783.00** ea. Kevin Burke Ambulance / SFEV Brushtruck Sales Mobile – (239) 331-6059 kburke@sflev.com Kevin Burke 2 ***PL Custom / SFEV Pricing Terms Quotation Pricing Due to the uncertainty of commercial chassis pricing and availability, the original price in the quote cannot be guaranteed. To address these pricing concerns, this quote will remain valid for one year and will be subject to a one-time price adjustment of the total vehicle price once the manufacturer receives a VIN verification and build date of the commercial chassis. Once the manufacturer receives that VIN verification and build date of the commercial chassis, the quote will be repriced to include the updated chassis and patient module cost and will also include any price increase of raw materials and/or outside vendor pricing at that time. A MGRP (Maximum Guaranteed Retail Price) for this quote will not exceed 25% ($123,945.75 per vehicle) of the original quoted price $495,783.00**. Original Price per Vehicle - $495,783.00** + 25% ($123,945.75) = $619,728.75 Maximum Guaranteed Retail Price per Vehicle - $619,728.75 If a year passes from the date of this proposal and no VIN verification and build date is available from the chassis manufacturer, the proposal will be re-priced with current vendor pricing and that new price will be subject to an additional MGRP Increase, not to exceed 25% (Calculated at time of re-pricing). This new price will remain valid for one year. The purchaser can cancel the contract without penalty within 15 days after receiving a newly updated price quote. 3 ITEMS AND/OR REVISIONS INCLUDED IN ORIGINAL PRICE NOT SHOWN IN SPEC OR DRAWINGS Due to time constraints, PL Custom was not able to update the spec and drawings with all the items and revisions requested. These items are included in the price and are listed below. 1. Secondary Proair AC system mounted in front right upper cabinet of patient module. Separate system from the primary system with its own compressor and condenser. AC only, no heat 12-volt system. Cooling is 38,000 BTU for a combined cooling (w primary system) of 76,000 BTU in patient module. Thermostat, power, and 3 level fan control in LSS console. 2. Installation of V-Mux electrical system per current North Palm rescue spec 3. Re-configuration of all necessary exterior/interior compartment sizes to match current North Palm Rescue spec. 4. All necessary revisions and/or additions to exterior warning lighting required to match current North Palm rescue spec. 4 *PRICE INCLUDES THE FOLLOWING DEALER SUPPLIED AND/OR INSTALLED ITEMS 1. MSA altair 5x gas detector with vehicle mount and charging cable and installation 2. Flir K65 with vehicle cradle extra battery (4.4Ah) in truck charger, retractable lanyard (T130980ACC) and installation 3. Lonestar edition 32” PIG axe in Black 4. Bins for cabinets (same as last order- include dividers) 5. 2 Yellow backboards 6. 2 Combi-carrier II Scoop stretcher 7. True north L2 and L3 RIT bag (1 ea) 8. 3 Streamlight Vulcan 180 HAZ-Lo (yellow) w/ quick release strap charging rack, appropriate cable and installation 9. 3 Knucklehead Haz-Lo spot with vehicle mounts, charging cable, installation 10. Sscor portable suction with mount, appropriate charging cable, installation 11. KED (SPED II) 12. Padded splints (assorted sizes) 13. 2 Ferno pedi mate (or similar easy to use) 14. 2 Ferno neo mate 15. 2 Ferno kangoo Fix 16. Ferno Vaccuum splint kit AS-190 (with bag) 17. SAGER splint 18. Stryker stair chair (stair-pro #6252) (NOT battery powered) 19. Cardiac monitor mount (either stretcher or action area) CUSTOM DESIGNED FOR FIRE RESCUE EMERGENCY VEHICLESP.L. CUSTOMBY NORTH PALM BEACH - A6020 FRONT VIEW STREETSIDE VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: CURBSIDE VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: REAR VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: FLOOR PLAN 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: FRONT VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: REAR VIEW4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: CEILING VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: STREETSIDE VIEW FRC 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: CURBSIDE VIEW 4.) INTERIOR CABINET DIMENSIONS REFLECT THE CABINET 2.) ALL DIMENSIONS SHOWN ARE APPROXIMATE. WILL BE SMALLER. BUILT AND RECEIVED AT OUR FACTORY. LENGTH ARE APPROXIMATE UNTIL THE CHASSIS IS 5.) DIMENSIONS FOR OVERALL HEIGHT AND OVERALL OPENING. PASS THROUGH OPENINGS WILL BE SMALLER. 1.) DRAWINGS ARE FOR REPRESENTATIONAL PURPOSES ONLY. 3.) EXTERIOR COMPARTMENT DIMENSIONS REFLECT WALL TO WALL MEASUREMENTS. PASS THROUGH OPENINGS NOTES: QUOTATION South Florida Emergency Vehicles North Palm Beach Fire Rescue South Florida Emergency Vehicles Chief Scott Freseman Kevin Burke 560 U.S. Highway 1 4655 Cummins Court North Palm Beach, Florida 33408 Fort Myers, FL 33905 239.267.5300 kburke@sflev.com Quote No:A6020-0003 08/14/2022 Page 1 PART NO S DESCRIPTION QTY == Type 1 Titan 176" 108"CA - 33.990 07/29/22 == 00-00-0100 PL Ambulance - Release 33.99 effective 07/29/22 1 00-05-0100 <** Quote Terms **1 00-10-4980 < >176" TITAN Body, 75" Headroom, w/Drop Skirt 1 03-02-1285 < >Chassis Type -Freightliner (w/Rear Mount Fuel Tank)1 EXTERIOR 10-10-1100 <Modular Body Construction 1 10-10-2000 <Structural Integrity Warranty 1 10-10-2070 Finite Element Analysis 1 10-10-2100 Compartments, Aluminum Diamond Plate, welded 1 10-12-1000 Type I, Titan, Cab to body Pass-thru 1 10-15-4500 Body mounting, Type I, rubber donuts, M-Duty 1 10-20-3300 Lowered Body Skirts, with Intermediate Step 1 EXTERIOR DOORS, AMBULANCE 11-10-3560 <Trimark 1875 Paddle Handle Power Locking, Entrance. Doors, Qty(3) (Med Duty)1 11-10-4155 Trimark 1875 Paddle Handle Power Locking, Std Compt Doors (6) (Med Duty)1 11-20-1800 >Gas Spring Pneumatic Door Checks -Classic & Titan 1 11-20-2020 Compart. "A" Door to Check Past 90 Degrees 1 11-20-2030 Compart. "C" Door to Check Past 90 Degrees 1 11-20-2050 Compart. "E" Door to Check Past 90 Degrees 1 11-20-2055 Door to Check Past 90 Degrees, For Narrow 12"w Comp, -MASTER ONLY 1 11-20-3000 Compart. "D" Door to Check Past 90 Degrees 1 11-20-5000 Grabber Rear Doors Hold Open, Top Mount, Polished Aluminum 1 <COMPARTMENT LAYOUT 12-10-2038 "A" Left Front -20w x 86h x 21.75d -(w/Oxygen window)1 12-15-1015 "B" Left Side, 1/2 High -40w x 42h x 21.75d 1 12-20-1025 "C" Left Rear, 1/2 High -30w x 39h x 21.75d 1 12-25-1010 "D" Right Front, In-Out Access -20w x 55h x 33d above floor -14d below floor 1 12-30-2515 "E" Right Rear -24w x 83h x 21.75d 1 12-55-1200 >"J" Right Rear, Skirt Compt, Rear of Wheel -17w x 25h x 17d 1 12-61-1010 < >Double Door option w/ 1875 handles, Specify:1 12-90-S001 S Custom "F" compartment - 40w x 17h x 16d 1 COMPARTMENT DOOR PANELS, MATS, DECKING 13-20-1000 Compartment Door Panels, Alum, Diamond Plate 1 13-30-1P10 Polycoated Compt & Entrance Door Sills,Compt Floors,Area Behind Rub Rails,Black 1 13-30-2000 Vent Compartments to Exterior of Vehicle 1 13-40-1000 Dri-Dek, Floors of Compartment, Black 1 13-40-2500 Rubber Mat, Shelves, Exterior Compartment 1 13-40-2800 Turtle Tile Slip Resistant Stepwell Mat (removable)1 08/14/2022 Page 2 PART NO S DESCRIPTION QTY COMPARTMENT CONFIGURATIONS AND EQUIPMENT 13-41-0100 Oxygen Bracket located in Compartment A 1 13-42-0300 (2) Adjustable Shelves, for compartment "B"1 13-43-0300 (2) Adjustable Shelves, for compartment C 1 13-47-0400 <Full Height Divider w/(1) Adjustable Shelf, Compartment "E"1 13-49-0200 No Shelves, for compartment "J"1 13-70-0200 Bulbous mounts for (2) backboards Compt. "E"1 13-70-0700 Hanger for Ferno EXL or #65 Scoop Compartment "E"1 SECURING - STRAPS, HOOKS, SCBA 13-70-2600 < >Securing device - Nylon strap with metal buckle 1 13-90-S001 S <(4) Zico Cup Mounts - "J" compartment 1 REAR STEP BUMPER 14-10-2600 Lift-up Rear Step, Recessed, -Lic. plate left body 1 14-10-4000 <Rear step to have additional grip strut 1 14-20-1000 Rear Dock Bumpers, Bolted to Bumper Ends 1 ALUMINUM DIAMOND PLATE ACCESSORIES 15-10-1000 Front Corner Stone Guards, Polished Diamond Plate 1 15-15-1000 Front Body Stone Guard, Polished Diamond Plate 1 15-20-1050 >Rub-Rails, C-Channel, Offset, Bright-Finish 1 15-30-4000 Diamond Plate Cover, Cab Steps (Frtlnr)1 15-40-2360 < >Diamond Plate, Full Slide-Out Step/Battery Compt (Freightliner)1 15-52-0100 Rear Diamond Plate Panel & Corner Guards 1 EXTERIOR TRIM 16-10-3000 Fenderettes, Rubber 1 16-30-1500 License Plate Holder w/LED Lt,Cast Prod Polish, Lt Side Body 1 16-35-1180 Fuel Fill Housing, Driver Side, Cast products, Polished (Titan)1 EXTERIOR, MISCELLANEOUS 17-50-1200 Undercoat Body, Titan 1 BODY WINDOWS 18-10-1000 <Window, Side Door (18"W x 22"H), Sliding, 31% Tint 1 18-20-2000 <Windows, Rear Doors, (15"W x 22"H), Fixed 31% tint 1 18-50-1000 Privacy Tint, Mylar, Side and Rear Doors 1 INTERIOR CONSTRUCTION 20-00-1000 Interior Construction Type - Standard Cabinets 1 INSULATION 20-10-1200 Super Insulation Package, additional Radiant Barrier to Interior Body 1 20-10-2000 Sound Deadened Insulation, Entrance Doors 1 20-10-3000 Sound Deadened, Compartment Doors 1 20-10-5000 Sub-Floor, Expanded PVC Polymer 1 FRONT BULKHEAD 21-30-1000 Climate Control Unit Over Cab to Body Passage 1 21-40-1500 <Electrical Power Distribution Cabinet, Access Panels, Black Polycoat 1 21-40-S001 S <NOTE!!! No cab to chassis pass thru or walk through 1 RIGHT FRONT CABINET 21-45-1000 Right front, upper storage w/Life Defender sliding doors, 1 shelf 1 21-50-1000 Right front Lower, inside/outside storage 1 21-50-2000 <Right front Lower, (2) adjustable shelves 1 21-60-3100 Right Front Lower, with Austin Life Defender Doors - Single Release 1 21-90-S001 S Supply and Install a Knox Box Medvault 2 on floor of right front upper cabinet 1 08/14/2022 Page 3 PART NO S DESCRIPTION QTY RIGHT SIDE BENCH LAYOUT 22-00-1000 Squad Bench, Right side 1 22-21-0100 Backrest, Indiv., 2-pc. Upper & Lower, used w/ 6-pt seat belt 1 22-24-0620 >Armrest, No vinyl pouch -Recessed storage, below 1 22-25-4300 < >Removable Cargo Net Restraint, Head of Squad Bench 1 22-25-4600 < >Recessed "D" bottles, head of Squad Bench, at stepwell 1 22-30-2000 Squad bench lid, Positive hold down device 1 22-45-0500 < >Overhead cabinet 9 1/4" OAH-Life Defender sliding doors 1 LEFT SIDE MIDDLE (Base Cabinet) 23-10-0500 >Left Side, Full Counter Pkg, NO CPR Seat- w/1/2 Hi "C" Compt 1 23-10-6150 >Cab. above left side Full Counter, (No CPR)- Life Defender restock door, 1 shelf 1 LIFE SUPPORT STATION 23-30-2000 Switch pod, above counter, vinyl covered 1 23-30-2010 Rear Main Switch Panel Located in Life Support Station Switch Pod 1 23-30-2250 **No Radio Cut-Outs to be provided in LSS**1 23-31-1500 Cabinet head of switch pod, hinged door, 1 shelf 1 23-32-0950 < >(Reduced Hgt) Upper cabinet, 45 deg, w/Life Defender sliding doors, 1 shelf 1 23-34-1000 Laminated Counter with 1" retaining edge 1 23-37-0050 <*Custom "Box-out" into compartment required (MASTER ONLY)1 LEFT REAR STORAGE CABINET 23-40-1050 <Left rear full cabinet, upper, 45 deg w/Life Defender sliding doors 1 23-40-2000 < >Left rear full cabinet, middle, Life Defender sliding doors, 1 shelf 1 23-40-3000 Left rear half cabinet, middle, 1/2" acrylic doors, 1 shelf 1 23-40-3050 Note:Factory will *DELETE* 23-40-3000 Lft Rr 1/2 High Cabnt 1 23-40-V012 <Norcold NR740 Refrigerator left rear 1 23-42-1000 Laminated Counter with 1" retaining edge 1 INTERIOR CABINET DOORS 24-10-4M00 Cabinet doors, Polycarbonate/Acrylic, Clear 1 24-15-1000 <Handles, full length, sliding doors 1 24-20-1000 Positive closure devices hinged doors 1 24-25-1000 Unistrut, interior cabinet shelves, "Mini"1 ENTRANCE DOORS 24-30-2000 Ent. Door panels, 3 section 1 ABOVE DOOR HEAD BUMPERS 24-35-0100 Side Door Head Bumper 1 24-35-0500 Rear Door Head Bumper 1 GRAB RAILS 25-10-2300 Safety Yellow Grab Rail, 96" length, over squad bench 1 25-10-2575 Safety Yellow Grab Rail, 96" length, over cot 1 25-10-3800 Safety Yellow Grab rail, 18", at rear entrance doors, (2)1 25-11-1C00 Grab rail, 45 deg, Safety Yellow, side entrance door, (1)1 25-11-2070 >Grab rail, 45 deg,Safety Yellow Rear entrance doors, (2)1 25-49-S001 S <Antimicrobial Coating on Safety Yellow Grab Rails 1 SEAT BELTS 25-50-2000 Seat belt, attendant seat, Qty (1)1 25-51-1100 < >Patient restraint strap, squad bench, Qty (3), for use with six point seat belts 1 25-51-2021 <(2) Six point Seat Belt Harnesses w/ Comfort Pads - Curbside Seating 1 COT MOUNT and COT MODEL 08/14/2022 Page 4 PART NO S DESCRIPTION QTY 26-33-1400 <Performance Load Install Cust Supp Sys, w/Chrg Circuit, w/Mini Rail Cutout (SAE)1 26-35-1380 Stryker Equipment Handling Charge 1 I.V. HOLDER 26-50-1M10 Rubber I.V. holder, dual, recessed, over cot 1 26-50-2100 Rubber I.V. holder, dual, recessed, over squad bench 1 INTERIOR COLORS 27-10-1000 Ceiling, white Thermoplastic 1 27-10-1500 Upper Laminate - Fashion Grey D381-60 1 27-10-4200 Lower Laminate - Fashion Grey D381-60 1 INTERIOR UPHOLSTERY 27-20-5000 Upholstery, Flat-Seamless 1 27-20-5600 Upholstery Color: Gray 1 ATTENDANT SEAT 27-36-3000 Gray, Attn Seat, EVS 18703,w/Child Seat, 3 Pt. Harness,ABS Back,Swivel, Sewn 1 27-37-0100 ** Confirm Seat color** - GRAY is the vehicle upholstery color 1 FLOORING 27-53-2000 Lonplate II, diamond plate, Gun Metal (#424)1 27-55-2000 Flooring rolled up side walls 3"1 CAB CONSOLE 27-74-1000 Type I, lower radio/switch console (Freightlner & International)1 27-75-0260 < >Cut & Mnt (2) Customer/Dealer suppld Radios, in Radio/Siren Cab Console 1 27-75-2100 < >Map Box, Type I, Behind Cab Console - (Titan)1 MISCELLANEOUS INTERIOR 28-45-1320 < >Glove box holder for (3) Boxes, recessed -over Side ent. Door 1 28-50-1000 Fasten Seat Belt/No Smoking Sign 1 OXYGEN AND SUCTION 30-10-1000 Oxygen Outlet, Amico, dual, Life Support Station Switch Pod 1 30-10-2000 Oxy Outlet, Amico, single, right side- In Overhead Cabinet 1 30-20-1000 Oxygen Solenoid, Amico, w/ manual override & switch 1 30-30-1000 Suction pump, electric, Sscor,Switch in Rear Main Switch Panel 1 30-30-2400 Collection Bottle, SSCOR Disp.w/ canister clip, White Regulator (KKK Compliant)1 30-50-3005 < >O2 Carrier, ZICO, Quick-Release Oxygen Tank Lift System 1 30-50-3850 < ***Attention: Please Specify Tank Letter Size used within this shop note 1 30-60-4000 Regulator, Oxygen, Large Tank, (PLC-9662)1 30-80-1100 <Wrench, Oxy Cylinder -(for EZE Loader)1 ELECTRICAL 40-00-0500 <Electrical System Warranty 1 40-00-1400 Electrical 12 VDC, Titan 1 40-00-1900 Electrical 12 VDC Specifications 1 CAB ELECTRICAL 41-30-3750 Module Activation, Ignition Switch 1 41-50-1000 Cab Under hood & Fender Electrical Connectors - Deutsch Type 1 SWITCH PANEL 42-10-1000 Voltmeter, Digital 8 to 18 volt, lighted 1 42-10-2400 Low Voltage Alarm & Indicator 1 42-15-2500 >Rocker Switches, Carling Contura V 1 08/14/2022 Page 5 PART NO S DESCRIPTION QTY 42-20-0500 Battery On indicator light 1 42-20-1000 Warning Indicator, Door open, Red 1 42-20-2000 Warning Indicator, Compt open, Amber 1 42-20-3000 Warning Indicator, Audible alarm, Door/Compt 1 42-20-4200 Warning Ind/Audible, Parking Brake, Dual-Mode Alarm 1 42-21-0900 ** Gooseneck Light Not Included with Vehicle **1 42-25-6700 <High Idle Activation, Commercial Chassis (International /Freightliner)1 42-30-1000 Back-up alarm, w/resetting cancel switch 1 42-45-2200 < >Load Manager/Sequencer, PL Custom/Kussmaul (full time)1 42-60-2800 < >Air Horns, OEM, Qty (2) , chassis supplied, PL Activation 1 42-60-4800 Air Horn activation, "Plunger Style" switch, drivers console 1 42-60-5000 <Air Horn activation, Carling Momentary in Front Switch Panel 1 42-65-1300 Pwr Lock Switch, Entrance, OEM Door switch- (if applicable)1 42-65-1500 < >Remote Keyless Entry w/Chassis Power Door Lock Control 1 42-65-2010 Power Door Lock Switch, Side Entrance Door 1 42-65-2020 Power Door Lock Switch, Rear Entrance Doors 1 42-65-2200 < >Pwr Door Lock Concealed Override Switch, Grille-(KKK)1 EMERGENCY WARNING EQUIPMENT 43-10-1790 <Headlight flasher, 75FPM, Freightliner M2 BHM feature 1 SIREN 43-20-4G50 >Siren, Whelen 295SLSA1, w/diag.1 43-20-5000 Siren-Horn Switch 1 43-20-5500 < >Siren foot switch, remote siren control 1 43-20-5550 <Siren foot switch, remote siren control 1 SIREN SPEAKERS 43-30-5000 >Bumper Spkrs, CPI SA 5403-1, (2) , M2 Freightliner 1 FRONT LIGHT BAR 43-4U-6000 <Whelen Freedom IV, Super-LED, LC, 55"-Clear Lens Covers, Mounted on Cab 1 REAR LIGHT BAR 43-50-3515 <Whelen 4500 Plus Series 45B86R, (7) 700 Super-LED w/Work Lts 1 43-50-8000 < >Whelen Traffic Advisor, Low Profile TAL85 (8) LED (46")1 >CAB MOUNTED LIGHTS 43-68-C200 >Whelen Independent CAB Flashing Lights, CLEAR Lens package 1 43-71-0700 (2) Upper Whelen 7x3 LED-Grille Light -(2) Red 1 43-71-1640 Upper Grille Flange - Freightliner, Fit Specific (pair)1 43-71-4000 (2) Whelen 7x3 Super-LED, Red -Fender 1 BODY LIGHTING -<(Full Catalog PDF here)> FRONT BODY VEHICLE LIGHTS -(Non-Emergency) 43-A1-0700 (2) 600-Whelen, Directionals -LED,Amb/Arrow, Front -(Loc:F1C&F7C)-Clear 1 43-A2-0070 * FRONT BODY LIGHTING - w/CAB MOUNTED LIGHTBAR (PDF>)1 43-A2-0150 ** (3) Front Upper Lights & Directionals 1 43-A4-0300 *** Whelen Independent Front & Side Body Flashing Lights, CLEAR Lens package 1 43-A5-0030 < >Independent - Flash - No Vehicle Flasher 1 43-A5-0060 <Program Flashing Lights to "Action Scan"1 >FRONT BODY WARNING LIGHTS 43-B0-0100 9x7, 900 Sup-LED, Red, Front - (Loc: F1)1 43-B0-1500 9x7, 900 Sup-LED, White Front -(Loc: F4)1 43-B0-3200 9x7, 900 Sup-LED, Red, Front - (Loc: F7)1 Whelen Primary Side Light package (PDF>) 43-F0-0100 9x7, 900 Sup-LED, Red, Left Side - (Loc: LS1)1 08/14/2022 Page 6 PART NO S DESCRIPTION QTY 43-F0-1100 9x7, 900 Sup-LED, Red, Left Side - (Loc: LS4)1 43-F4-0100 9x7, 900 Sup-LED, Red, Right Side - (Loc: RS1)1 43-F4-1100 9x7, 900 Sup-LED, Red, Right Side - (Loc: RS4)1 REAR BODY WARNING (Flashing) LIGHTS 43-H1-0100 **Whelen Independent, Rear Body Flashing Lights - CLEAR Lens 1 REAR LIGHT LAYOUT -(w/Traffic Advisor) + Flush Lightbar (PDF>) 43-N4-0140 Rear Lightbar & Traffic Advisor & (2) Window Level Lights 1 Rear Lights at Window Level 43-S0-2350 9x7 Sup-LED, Red, Rear - (Loc: R10B)1 43-S0-3100 9x7 Sup-LED, Red, Rear - (Loc: R11B)1 SECONDARY (miscellaneous) BODY MOUNTED WARNING LIGHTS 43-T5-1300 <Whelen 700 Series Red Super-LED, w/Flange, (2) Over Rear Wheel, CLEAR LENS 1 43-T5-3640 <Whelen TION LED Lights (8) R/W/R/W - In "C" Channel Rub-Rails 1 FLASHING LIGHTS; OTHER 43-T6-1520 < >Safety Lts, (6),3 Per Door- OS Series LED, Amber, Rear Ent Doors, Full time acti 1 43-T6-1530 < >Safety Lts, (3)- OS Series LED, Amber, Side Ent Door, Full time activation 1 43-T6-V012 XU <Whelen Marker OS Safety Lights, Amber, Compt. Doors 7 REAR NON-EMERGENCY LIGHTS 44-10-1000 < >Stop/Tail and Turn Signal -Light heads with color lenses 1 44-10-2500 Stop/Tail, (2) Whelen 600 Series LED-(color Lens) w/Flange 1 44-15-1M25 Back-up, (2) Whelen 600 LED, w/Flange, Min. Intensity 1 44-25-1800 Directional, (2) Whelen 600 LED -(color Lens) Amber Arrow 1 AUXILIARY NON-EMERGENCY LIGHTS 44-30-1000 >HD Mini Oval Marker/Clearance Lts, LED Front, Rear, (2) Sides 1 44-30-3000 >Lower Side Marker, Flash w/Directionals, (2) ea side 1 FLOOD LIGHTS 44-50-1040 (2) Whelen 9x7, 24-LED Opti -Scene Flood, Left side-(Loc:LS2, LS3)1 44-50-1140 (2) Whelen 9x7, 24-LED Opti -Scene Flood, Right side-(Loc:RS2, RS3)1 44-55-2000 Rear Flood Lights Built into Rear Light Bar 1 44-60-1000 Right Side Scene Lights on with Side Door & Switch in Console 1 44-60-2000 Left Side Scene Lights w/On-Off Switch Console 1 44-60-3000 Rear Scene Lights on w/Rear Door Open/Reverse 1 44-60-4000 <Rear Scene Lights, On-Off Switch in Console 1 44-60-5000 Right Side Scene Light Cancel Switch 1 44-60-6000 Rear Door Scene Light Cancel Switch 1 44-60-7000 Left/Right & Rear Flood Lights, On In Reverse 1 CLIMATE CONTROL 45-10-1000 Ventilation, Flow-Thru, (2) Speed, Cast Products Rear Cowl 1 45-35-1000 < >Ducted,Heater/Air Cond.,12 VDC/110 VAC 315 Combo Unit w/ 12V Front Body Condens 1 45-35-1100 Auxiliary Coolant Pump Climate Control System 1 45-39-1010 ** Front Body Condenser to be Painted to Match Body Color 1 45-70-S001 S <Front Body Condenser, cab roof mount 1 CEILING CONFIGURATION 45-99-0100 Ceiling Configuration for 6 Dome Lights, 4 Rectangular Lights & 2 Speakers 1 INTERIOR LIGHTS 46-10-1L00 (6) Dome Lights, Whelen Multi -LED, Hi-Lo, Qty (#80C0EHCR)1 46-10-2000 Dome Lights Switched to LOW Mode w/Door Open 1 08/14/2022 Page 7 PART NO S DESCRIPTION QTY EXTERIOR COMPARTMENT LIGHTS 46-20-1075 <Lghts, Ext. Compartments, TecNiq LED E44 Strip Lights 1 46-20-1350 Oxygen Compartment Light Switch, Located in Rear Main Switch Panel 1 AUXILIARY INTERIOR LIGHTING 46-20-2000 Heavy Duty LED panel Light, (Life Support Station Area)1 46-20-2550 Panel Light (Life Support Station) Switch, Located in Rear Main Switch Panel 1 46-30-1100 Stepwell Light, LED, Located at Side Entrance Door 1 46-40-1P00 TecNiq E30, 42 LED Rectangular Ceiling Lights Qty (4)1 46-40-3M00 <Windup "checkout" Timer, Side Door , Shoreline only 1 46-40-4000 Rectangular Lights on "Checkout" Timer Circuit 1 46-50-1000 Dome Light Switch, (1) Left, (1) Right 1 MEDICAL OUTLETS 47-20-1000 12 volt Medical Outlet, Power Point, Loc: LSS Wall 1 47-20-2000 12 volt Medical Outlet, Power Point, Loc: Right Front In/out 1 47-20-2500 < >12 volt Medical Outlet, Power Point, Loc: Left Rear 1 ANTENNA/COMMUNICATION RADIO 47-60-0300 <(3) Antenna Leads, Body Roof - (See PDF)1 47-60-6200 < >Radio Power Lead, Rear Main Switch Panel 1 47-60-6500 < >Radio Power Lead 30 Amp, 10 ga. Cab Console 1 47-60-7000 < >Radio Power Lead w/40 Amp Fuse, 8 ga. Behind driver seat 1 MISCELLANEOUS 12 VOLT ELECTRICAL 48-15-1885 <FRC In View 360 HD Camera System with DVR, Interior Camera 1 48-15-188A FRC 7" Flat Panel LCD HD Monitor 1 48-20-2000 >Speakers, Stereo Volume Control Rear Sw Panel 1 48-50-3070 Intellitec, Clock, mounted on 45 degree Cabinet (Life Support Station)1 48-60-1500 >Air Ride Control Left Rear Door Open ,w/ Override Switch 1 48-60-3700 Liquid Spring Control Left Rear Door Open w/ Override switch 1 48-75-1000 <Voice Intercom System, mounted speaker, FRC 1 48-75-1050 < >Voice Intercom System, Headsets, FireCom 5100D digital, 4 station 1 48-75-8000 <On/Off Switch for FRC Voice Intercom System 1 48-75-8000 <On/Off Switch for FRC Voice Intercom System 1 ELECTRICAL 115 VOLT AC 51-20-5010 Shoreline, Super Auto-Eject 20 amp, Left Side, Above Compt. "B", YELLOW 1 51-20-7050 < >Add'l Shoreline, 20amp Auto-Eject ,Dedicated to 110/12 Volt Heat/AC Unit, YELLOW 1 51-30-1500 <Shoreline/ Battery Charging Dual Indicator Lights 1 51-32-2000 Power Distr Box, 115v, w/20 amp Circuit Bkr 1 52-10-1000 Hospital Grade Lighted GFCI Outlet, Location: L/S/S Wall 1 52-10-2000 < >Hospital Grade Lighted Outlet, Location: Left Rear 1 52-10-3000 Hospital Grade Lighted Outlet, Location: Right Front In/out 1 53-90-S001 S <Outlet Strip, (4) position, installed in cab 1 BATTERY CHARGER / INVERTER CHARGER 55-10-1225 < >Inverter/ Charger,Vanner LSC12-1100 Pure Sine Inverter/ 55A Battery Charger 1 PAINT LUSTRE 60-00-0005 Ten Year Paint Warranty (Paint Lustre)1 60-00-0007 Paint Adhesion Testing 1 BODY AND CAB PRIMARY PAINT 60-10-0110 *Body and Cab Same Single Color 1 60-10-1850 <**Modular Body Paint -Other than Unit Standard White , Titan 1 60-13-1020 <Modular Body Paint Color Yellow 1 60-15-120A <Re-Paint Cab, Single Color, w/ Door Jambs -Titan Series 1 60-15-1505 Cab Paint Color Same as Body 1 60-20-1010 ** Front Body Condenser to be Painted to Match Body Color 1 08/14/2022 Page 8 PART NO S DESCRIPTION QTY ADDITIONAL VEHICLE PAINT, SECONDARY 61-05-S001 < >Special Paint Option Request 1 ADDITIONAL PAINT OPTIONS 61-30-2100 < > Painted Stripe Special Request 1 61-70-1020 <(2) Paint Sample spray out panels, two color Modular Body (each revision)1 61-80-2210 Polycoated Compt & Entr Door Sills, Compt Floors, Area Behind Rub Rails (*Note*)1 >LETTERING 65-10-1000 S <Reflective Lettering 1 65-50-4020 < >Reflective White Tape Stripe, 3/4" Outline, on interior of Entrance Doors 1 65-50-4070 < >Reflective White Tape Stripe, 3/4" Outline, on interior of Compartment Doors 1 TECHNICAL RADIO INSTALLATION 70-10-0500 No Technical Radio Installation 1 CHASSIS EQUIPMENT 75-11-0100 >Hub & Lug covers -M2, w/ aluminum wheels 1 75-30-2700 < >Liquid Spring Suspension System (M2)1 75-60-2000 Mud Flaps, Rear, Medium Duty Chassis 1 75-90-7000 <Medium Duty Exhaust Exit - Right Side, Forward of Rear Wheels 1 75-95-2600 Front & Rear End Alignment (Titan)1 76-10-3000 <Chassis Service/Parts Manual Freightliner M2 - Book Format 1 79-90-S001 S <Under Cab Air Tank Drains 1 79-90-S002 S <Relocate OEM Battery Box to be be under passenger side of cab 1 79-90-S003 S <SCBA Tank Storage - driver side under cab 1 EQUIPMENT 80-43-7000 <Bottle Bracket, Dual, Cast Products Duramount Model OA1205 (D Bottle)1 80-50-1000 Prep, Clean & Detail Vehicle for Delivery 1 CHASSIS 95-70-231E S < >2024 Freightliner M2, -Aft fuel tank, (left side fill) 108" CA Cummins ISB 1 95-70-S001 XU >Chassis Pricing not Valid 1 96-10-4200 Engine Programming 1 96-32-3000 Fuel "Full Tank" -Titan 1 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Prepared for: PL CUSTOM 2201 Atlantic Ave Manasquan, NJ 08736 Phone: 732-223-1411 Application Version 11.6.505 Data Version PRL-26M.015 CH-R-0770 2023 Lifetime Limited Structural Warranty – Modular Body PL Custom warrants each new vehicle to be free of all structural defects for the life of the modular body including: •• Body frame •• Sub-floor •• Exterior skin •• Structural integrity of interior cabinetry/exterior compartments Lifetime (100,000 Mile) Limited Warranty – Electrical Equipment The lifetime (100,000 mile) limited warranty applies to all PL emergency vehicles and includes the following PL supplied and installed electrical equipment: •• Main vehicle wiring harness and battery harness cables •• Automotive relays •• Automatic/manual reset circuit breakers •• Voltmeter •• Rocker switches •• All PL installed electrical connections •• All wire terminals and crimps •• Body door post switches •• Power distribution panel Alternators, batteries, bulbs, and belts are not covered by this warranty. Three-Year (36,000 Mile) Limited Warranty – General Conversion This three-year (36,000 mile) limited warranty includes the following PL supplied equipment: •• Windows and trim •• Door securing hardware and latches •• Climate Control System •• On board oxygen system •• Cabinet, ceiling and wall finish material •• On-board aspiration system •• Application of vinyl striping and lettering •• Poly coat application exterior compartments/lower body Ten-Year (100,000 Mile) Limited Warranty – Paint This limited warranty covers the areas of vehicle finished with PL Akzo Nobel Paint Products for a period of ten years. •• Delamination from the substrate •• Loss of gloss or color retention •• Cracking or checking of paint film •• Paint failure caused by defective Akzo Nobel products Five-Year (60,000 Mile) Limited Warranty –Crevice Corrosion, Dissimilar Metals •• Years 1–3/36,000 miles: 100% of repair cost •• Year 4/48,000 miles: 50% of repair cost •• Year 5/60,000 miles: 25% of repair cost General Information •• Warranty transferable; subject to inspection by PL Custom Emergency Vehicles. •• Vehicle chassis; chassis components and cab body warranted by original manufacturer. •• Components manufactured by other and installed by PL Custom shall be covered by representative warranties. Exclusions And Limitations •• Unauthorized alteration •• Abnormal wear and tear •• Physical damage •• Abuse/misuse •• Failure to maintain •• Chemical corrosion •• Normal wear and periodic maintenance There are specific exclusions and limitations included in each individual warranty. See separate warranties for details. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. 06/2022 PL Custom Emergency Vehicles secures your purchase with the following warranties: Overview of PL Custom Manufacturer Warranties 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. Subject to the provisions, limitations, and conditions set forth in this warranty, PL Custom Emergency Vehicles hereby warrants to each original purchaser only, that the general ambulance conversion is sound and free of all defects of both materials and workmanship for 3 years or 36,000 miles, whichever occurs first, from date of delivery providing it remains in possession of the original purchaser and is in operation by said purchaser. Items included, but not limited to, in this warranty coverage; components manufactured by PL Custom, onboard oxygen system, onboard aspiration system. Interior and exterior door hardware and latching systems, finish material on cabinets, ceiling and walls, interior and exterior windows, patient compartment climate control system. Components manufactured by others and installed by PL Custom shall be covered by representative warranties. Examples of these items: air horns, back up cameras, snow chains, suspension systems, electronic locking systems, inverter, battery chargers. Please refer to component warranty outline for specific coverages. Vinyl striping and lettering applied by PL Custom will be covered by this 3-year, 36,000 mile general warranty for defects associated with the installation/application of the striping and lettering to the vehicle. The striping and lettering material is covered by the manufacturer’s warranty for adhesion and color fade. Poly Coat for exterior compartment lining and lower body panels will be covered by this 3-year, 36,000 mile general warranty for defects associated with the application of the material. Chips resulting from equipment impact is not a covered item. The above warranty is transferable upon remount of body to new chassis, providing the work is performed by PL Custom. In the case of the sale of the vehicle, the warranty is transferable to the new owner, providing that inspection of the vehicle is performed by PL Custom. Charges for this inspection will apply. Should repair become necessary under the terms of this warranty, the extent of that repair shall be determined solely by PL Custom. The expense of any transportation to or from such repair facility shall be the responsibility of the purchaser, and is not an item covered by this warranty. This warranty is conditioned upon normal use and reasonable maintenance of such equipment. PL also requires prompt written notice of all defects to PL Custom or one of it’s then authorized dealers in the area. This warranty covers defects not resulting from misuse, negligence, accidents, abnormal wear and tear, and alteration of the original parts or adjustments by customer or third parties. If any such conditions exist, this warranty shall become void and unenforceable. PL Custom Emergency Vehicles reserves the unrestricted right, at any time, to make changes in the design of and/or improvements on its products without thereby imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Exclusions and Limitations: This manufacturer’s warranty is provided in place of any and all other representations or express or implied warranties including without limitation any warranty of merchantability and/or fitness for use for a particular purpose. Buyer acknowledges that no other representations were made to him and relied upon him and that this warranty contains the exclusive remedies with respect to any failure of the products to conform to the warranties given above or as to any injury or damage arising from any non-conforming products. No person is authorized to make any representations of warranty on behalf of PL Custom or any of its distributors other than set forth in this manufacturer’s warranty. Your right to service and replacement of parts on the terms expressly set forth herein are your exclusive remedies and neither the manufacturer nor any of its distributors shall be liable for damages, whether ordinary incidental or consequential. • Note that components manufactured by others and installed by PL Custom shall be covered by representative warranties. • PL Custom will not extend any warranty for customer or dealer provided components• PL Custom is not responsible for warranty on any components provided and installed by the dealer prior to delivery to the customer.• PL Custom is not responsible for normal wear and tear and/or periodic maintenance and consumable items.• The vehicle chassis, chassis components, and applicable body of cab will be warranted in accordance with the standard chassis warranty policy by the manufacturer, normal or extended. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. 3-Year or 36,000 Mile General Warranty 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. Lifetime Modular Body Structural Warranty Subject to provisions, limitations and conditions set forth in the warranty, PL Custom Emergency Vehicles hereby warrants to each original purchaser only, that the new emergency vehicle body is structurally sound and free from all structural defects of both material and workmanship, and further warrants that it will maintain such structural integrity for the life of the body, providing it remains in the possession of the original purchaser and is in operation of said purchaser. Items included in this warranty coverage; body frame, sub-floor, exterior skin, interior cabinets and exterior compartments (exclusive of paint finish) The above warranty is transferable upon remount of body to new chassis, providing the work is performed by PL Custom. In the case of the sale of the vehicle, the warranty is transferable to the new owner, providing that an inspection of vehicle is performed by PL Custom. Charges for this inspection will apply. Should repairs become necessary under the terms of this warranty, the extent of that repair shall be determined solely by PL Custom and shall be performed solely at PL Custom or a repair facility designated by PL Custom. The expense of any transportation to or from such repair facility shall be the responsibility of the purchaser, and is not an item covered by this warranty. This warranty is conditioned upon normal use and reasonable maintenance of such equipment. PL also requires prompt written notice of all defects to PL Custom or one of its then authorized dealers in the area. This warranty covers defects not resulting from misuse, negligence, accident, abnormal wear and tear, and alteration of the original parts or adjustments by customer or third party. If any such conditions exist, this warranty shall become void and unenforceable. Remount of body to new chassis performed by other than PL Custom, will void structural warranty. In the event of an accident requiring structural repairs, the approval for repair shall be determined solely by PL Custom. Unapproved structural repairs and/or repairs performed by other than PL Custom will void the structural warranty. PL Custom Emergency Vehicles reserves the unrestricted right, at any time, to make changes in the design of and/or improvements on its products without thereby imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. EXCLUSIONS AND LIMITATIONS: This manufacturer’s warranty is provided in place of any and all other representations or express or implied warranties including without limitation any warranty of merchantability and/or fitness for use for a particular purpose. Buyer acknowledges that no other representations were made to him and relied upon him and that this warranty contains the exclusive remedies with respect to any failure of the products to conform to the warranties given above or as to any injury or damage arising from any non- conforming products. No person is authorized to make any representations of warranty on behalf of PL Custom or any of its distributors other than set forth in this manufacturer’s warranty. Your right to service and replacement of parts on the terms expressly set forth herein are your exclusive remedies and neither the manufacturer nor any of its distributors shall be liable for damages, whether ordinary incidental or consequential. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. Lifetime Electrical Warranty Subject to the provisions, limitations, and conditions set forth in this warranty, PL Custom Emergency Vehicles hereby warrants to each original purchaser only, that the PL Custom supplied electrical equipment as listed below, are sound and free of all defects of both materials and workmanship, for the life of the vehicle or 100,000 miles whichever occurs first, providing it remains in possession of the original purchaser and is in operation by said purchaser. This electrical equipment includes; body door post switches, all wire terminals and crimps, main vehicle wiring harness and battery harness cables, relays, rocker switches, automatic/manual reset circuit breakers, voltmeter, all terminal strips, PL installed electrical connections and power distribution panel. Items not covered under this warranty are alternators, batteries, light bulbs, belts and normal wear, maintenance and consumable items. Batteries and alternator systems are covered by their representative chassis warranties. The above warranty is transferable upon remount of body to new chassis, providing the work is performed by PL Custom. In the case of the sale of the vehicle, the warranty is transferable to the new owner, providing that an inspection of the vehicle is performed by PL Custom. Charges for this inspection will apply. Should repairs become necessary under the terms of this warranty, the extent of that repair shall be determined solely by PL Custom and shall be performed solely at PL Custom or a repair facility designated by PL Custom. The expense of any transportation to or from such repair facility shall be the responsibility of the purchaser, and is not an item covered by this warranty. This warranty is conditioned upon normal use and reasonable maintenance of such equipment. PL Custom also requires prompt written notice of all defects to PL Custom or one of its then authorized dealers in the area. This warranty covers defects not resulting from misuse, negligence, accident, abnormal wear and tear, and alterations of the original parts or adjustments by customer or third parties. If any such conditions exist, this warranty shall become void and unenforceable. PL Custom Emergency Vehicles, reserves the unrestricted right, at any time, to make changes in the design of and/or improvements on its products without thereby imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. EXCLUSIONS AND LIMITATIONS: This manufacturer’s warranty is provided in place of any and all other representations or express or implied warranties including without limitation any warranty of merchantability and/or fitness for use for a particular purpose. Buyer acknowledges that no other representations were made to him and relied upon him and that this warranty contains the exclusive remedies with respect to any failure of the products to conform to the warranties given above or as to any injury or damage arising from any non-conforming products. No person is authorized to make any representations of warranty on behalf of PL Custom or any of its distributors other than set forth in this manufacturer’s warranty. Your right to service and replacement of parts on the terms expressly set forth herein are your exclusive remedies and neither the manufacturer nor any of its distributors shall be liable for damages, whether ordinary incidental or consequential. • Note that components manufactured by others and installed by PL Custom shall be covered by representative warranties. • PL Custom will not extend any warranty for customer or dealer provided components• PL Custom is not responsible for warranty on any components provided and installed by the dealer prior to delivery to the customer.• PL Custom is not responsible for normal wear and tear and/or periodic maintenance and consumable items. • The vehicle chassis components, and applicable body of cab will be warranted in accordance with the standard chassis warranty policy by the manufacturer, normal or extended. • V-MUX components and systems are covered under separate warranties. Remount of body to new chassis performed by other than PL Custom will void electrical warranty. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. PL Custom / V-Mux Warranty 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. This warranty is separate from and in addition to the PL Custom Lifetime, 100,000-Mile Electrical Warranty that includes the following (non V-MUX) components: body door post switches, all wire terminals and crimps, main vehicle wiring harness and battery harness cables, relays, automatic/manual reset circuit breakers and PL-installed (V-MUX) electrical connections and power distribution panel. The above warranty is transferable upon remount of body to new chassis, providing the work is performed by PL Custom. In the case of the sale of the vehicle, the warranty is transferable to the new owner, providing that an inspection of the vehicle is performed by PL Custom. Charges for this inspection will apply. Should repairs become necessary under the terms of this warranty, the extent of that repair shall be determined solely by PL Custom and shall be performed solely at PL Custom or a repair facility designated by PL Custom. The expense of any transportation to or from such repair facility shall be the responsibility of the purchaser, and is not an item covered by this warranty. This warranty is conditioned upon normal use and reasonable maintenance of such equipment. PL Custom also requires prompt written notice of all defects to PL Custom or one of its then authorized dealers in the area. This warranty covers defects not resulting from misuse, negligence, accident, abnormal wear and tear, and alterations of the original parts or adjustments by customer or third parties. If any such conditions exist, this warranty shall become void and unenforceable. Remount of body to new chassis performed by other than PL Custom will void VMux electrical warranty. PL Custom Emergency Vehicles reserves the unrestricted right, at any time, to make changes in the design of and/or improvements on its products without thereby imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. EXCLUSIONS AND LIMITATIONS: This manufacturer’s warranty is provided in place of any and all other representations or express or implied warranties including without limitation any warranty of merchantability and/or fitness for use for a particular purpose. Buyer acknowledges that no other representations were made to him and relied upon him and that this warranty contains the exclusive remedies with respect to any failure of the products to conform to the warranties given above or as to any injury or damage arising from any non-conforming products. No person is authorized to make any representations of warranty on behalf of PL Custom or any of its distributors other than set forth in this manufacturer’s warranty. Your right to service and replacement of parts on the terms expressly set forth herein are your exclusive remedies and neither the manufacturer nor any of its distributors shall be liable for damages, whether ordinary incidental or consequential. • Note that components manufactured by others and installed by PL Custom shall be covered by representative warranties. • The vehicle chassis, chassis components, and applicable body of cab will be warranted in accordance with the standard chassis warranty policy by the manufacturer, normal or extended. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. Subject to the provisions, limitations, and conditions set forth in this warranty, PL Custom Emergency Vehicles, hereby warrants to each original purchaser only, that the PL Custom ambulance supplied with V-MUX electrical equipment is sound and free of all defects of both materials and workmanship, for the time frames listed below: •• 6000 Hercules, 6060 HC, 6030 8x16 nodes: 10 years parts, 10 years Labor from Weldon •• 6240 Series-Vista IV Display Screen: 5 years parts, 5 years labor from Weldon •• 6310-0000-12/14 Switch Controllers: 10 years parts, 10 years labor from Weldon •• 6311-0x00-00 Smart SWITCH Module: 10 years parts, 10 years labor from Weldon •• 6400-0000-00 Gateway Node: 10 years parts, 10 years labor from Weldon •• 6500-0000-00 Camera: 1 year parts, 1 year labor from Weldon •• 0R13-0614-00 Temp Sensor :1 year parts, 1 year labor from Weldon •• 0U10-0715-00VFD 2 Line Display: 1 year parts, 1 year labor from Weldon Ambulance Paint Warranty 10-YEAR PAINT LUSTRE AMBULANCE WARRANTY Subject to the provisions, limitations and conditions set form in this warranty, PL Custom Emergency Vehicles hereby warrants to each original purchaser only, that the paint system as supplied by Akzo Nobel and applied by PL Custom shall be free of paint specific defects for 10 years or 100,000 miles from the date the vehicle is delivered, providing it remains in possession of the original purchaser and is operation by said purchaser. The Akzo Nobel/PL Custom paint system is a base coat/clear coat system applied according the paint manufacturers technical specifications. The limited warranty provided herein shall extend to the following properties of the paint system: • Delamination from the substrate • Loss of gloss or color retention • Cracking or checking of the paint film • Paint failure caused by defective Akzo Nobel Products Dissimilar Metals Corrosion or Crevice Corrosion is NOT covered by the 10 year paint warranty, it is covered under a separate 5-year warranty. The above paint system warranty is transferable upon remount of body to new chassis, providing the work is performed by PL Custom Should repairs become necessary under the terms of this warranty, the extent of that repair shall be determined solely by PL Custom and shall be performed solely at PL Custom or a repair facility designated by PL Custom. This warranty is conditioned upon normal use and reasonable maintenance of such equipment. PL also requires prompt written notice of all defects to PL Custom or one of its then authorized dealers. This warranty covers defects not resulting from misuse, negligence, accident, abnormal wear and tear, exposure to corrosive agents, and alteration of the original parts or adjustments by customer or third party. If any such conditions exist, this warranty shall become void and unenforceable. 5-YEAR CREVICE CORROSION/ DISSIMILAR METALS WARRANTY As evidence of our commitment to quality and customer satisfaction, PL Custom offers a 5-Year Crevice Corrosion/ Dissimilar Metals Corrosion Warranty. This warranty covers your vehicle for a period of up to 5 years and/or 60,000 miles whichever occurs first against Crevice Corrosion and Dissimilar Metals Corrosion for the time frames as described below. WARRANTY COVERAGE 1. For 3 years or 36,000 miles, from the original delivery date, your vehicle will be covered 100% by our Crevice Corrosion/Dissimilar Metals Corrosion Warranty. 2. For the 4th year or up to 48,000 miles PL Custom will offer a warranty covering 50% of the repair cost for Crevice Corrosion and Dissimilar Metals Corrosion 3. For the 5th year or up to 60,000 miles PL Custom will offer a warranty covering 25% of the repair cost for Crevice Corrosion and Dissimilar Metals Corrosion. CLAIM PROCEDURE Should a vehicle show evidence of a paint problem, the owner should contact the Dealer/Salesperson. The Dealer/ Salesperson will contact PL Custom Emergency Vehicles to report the corrosion concern and to schedule an inspection. No repairs will be authorized without an inspection or estimate in advance. The process and terms for repair will be as per the warranty reimbursement policy and procedures. PL Custom Emergency Vehicles assumes no responsibility for special, incidental or consequential damages including but not limited to lost time, inconvenience, and loss of profits which are not recoverable expenses. The following exclusions apply to the PL Custom offered paint and/or crevice corrosion warranties and are not covered: 1. Paint stripes or repaints added by dealer or customer post vehicle delivery from PL Custom. 2. Paint coating defects caused by customer, dealer or aftermarket add-ons after vehicle delivery. 3. Paint problems caused by customer, dealer or aftermarket application or removal of vehicle graphics, including vinyl decal materials and shields. 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. Continued 4. The painting, alteration, repair or equipment replacement of a customer vehicle by a facility not approved in advance by PL Custom Emergency Vehicles. 5. Physical damage to the vehicle from an accident or act of God. 6. Paint failures resulting from neglect, misuse or abuse to the vehicle. 7. The use of a PL vehicle for other than designed intent and purpose. 8. Lettering and graphics not installed by PL Custom. 9. Exposure to severe environmental or chemical conditions such as acid rain, excessive road salt, calcium chloride or other chemicals used on road surfaces. 10. Failure of customer to provide normal, regular, and customary care for the vehicle paint finish. This includes, but is not limited to, routine washing and cleaning of areas exposed to environmental elements and chemicals as listed above. 11. The expense of any transportation to or from such repair facility to obtain warranty coverage shall be the responsibility of the purchaser/owner of the vehicle. This includes all labor, fuel, tolls, food, and costs for lodging if required. 12. Product finishes not manufactured by PL Custom such as the Chassis, mirrors or hardware finishes. O.E.M paint finishes carry the chassis manufacturer’s paint warranties and are not covered by PL Custom. 13. Damage caused by abrasive polishes, cleaning agents, aggressive mechanical wash systems or foreign objects. 14. ECK material is applied during the manufacture of PL products and must be replaced in the event that lights, trim or any exterior hardware has been removed or replaced. Failure to re-apply the ECK material will void both the 10-Year PL Paint Warranty and the 5-Year Crevice Corrosion/Dissimilar Metals Paint Warranty. WARRANTY EXCLUSIONS AND LIMITATIONS 15. This manufacturer’s warranty is provided in place of any and all other representations or express or implied warranties including without limitation any warranty of merchantability and/or fitness for use for a particular purpose. Buyer acknowledges that no other representations were made to him and that this warranty contains the exclusive remedies with respect to any failure of the products to conform to the warranties given above or as to any injury or damage arising from any nonconforming products. No person is authorized to make any representations of warranty on behalf of PL Custom or any of its distributors other than set forth in this manufacturer’s warranty. Your right to service and replacement of parts on the terms expressly set forth herein are your exclusive remedies and neither the manufacturer nor any of its distributors shall be liable for damages, whether ordinary incidental or consequential. 16. This paint warranty applies to newly manufactured ambulances. It does not cover ambulance body remounts. PL Custom reserves the right to change alter or modify its warranty policy as deemed necessary without prior notice. Warranty start date is effective as of the delivery date of the unit. Documentation will be provided in the owner’s manual and in the PL customer records. 06/2022 2201 Atlantic Avenue • Manasquan, NJ 08736 • 732-223-1411 • www.plcustom.com PL Custom Vehicles is a division of P.L. Custom Body and Equipment Co., Inc. Ambulance Paint Warranty Continued     1 | SFEV Purchase Agreement                 PURCHASE AGREEMENT  FOR PL CUSTOM AMBULANCE     THIS AGREEMENT made and entered into this ____ day of ___________________, 20__ by  and between South Florida Emergency Vehicles, LLC of Fort Myers, FL, hereinafter referred to  as “SFEV”, and the Village of North Palm Beach of Florida, hereinafter referred to as the  “PURCHASER”.      WITNESSETH:    1. PURCHASE:  Purchaser hereby agrees to buy and SFEV hereby agrees to sell and furnish  to Purchaser (1) one PL Custom Emergency Vehicles Medium Duty ambulance (SFEV is  authorized Florida dealer) and various brand EMS equipment according to the SFEV  proposal attached hereto and made a part hereof, and to deliver the same as  hereinafter provided.     2. PAYMENT:  Full payment is due upon delivery of the ambulance to the fire department  and is subject to the pricing terms detailed on Page 2 of the SFEV proposal.  The final  price is not determinable until PL Custom secures the VIN # and production schedule  from Freightliner for the chassis.  The Purchaser will issue the purchase order using the  MGRP (Maximum Guaranteed Retail Price) as detailed in the pricing terms on Page 2 of  the SFEV / PL Custom proposal.  The final price is guaranteed not to exceed the MGRP.     3. DELIVERY:  The ambulance and equipment being purchased hereunder shall be  delivered to Purchaser at 560 US 1 North Palm Beach, FL within approximately 365 days  after PL Custom receives the Freightliner chassis.  Delivery dates may be extended if  delays are beyond PL Custom or SFEV’s control, including without limitation, strikes,  labor disputes, riots, civil unrest, pandemics, war or other military actions, sabotage,  government regulations or controls, fire or other casualty, or inability to obtain a  chassis, materials, or services.              2 | SFEV Purchase Agreement    4. PL CUSTOM / SFEV WARRANTIES:  SFEV provides a 1‐year warranty on the install  portion only of any equipment supplied and installed by SFEV.   The equipment  supplied by SFEV will be covered under the manufacturer’s warranty for each item.   PL  Custom’s warranties list will accompany this purchase agreement and SFEV proposal.       5. DEFAULT:  In the case of any default in payment hereunder or in the payment on any  notes, negotiable paper, obligations, or other instruments issued by Purchaser, SFEV  may take full possession of the ambulance and equipment or of the piece or pieces  upon which the default has been made, and any payments that have been made  theretofore shall be applied as rent in full for the use of the ambulance and equipment  up to the date of taking possession by SFEV.      6. PURCHASER WARRANTIES:  With the signing of this agreement, Purchaser warrants  that it has the full power and legal authority to enter into this agreement and  guarantees that funds for its purchase are available or in the process of collection.      7. ACCEPTANCE:  This agreement shall not be binding until it is signed and approved by an  officer of SFEV and the order is accepted by PL Custom Emergency Vehicles.      8. INSURANCE:  SFEV shall provide insurance insuring the ambulance and equipment  against loss by fire, theft, or collision and insuring against property damage and  personal injury until the final delivery is made to the Purchaser.        9. GENERAL:  This agreement and the SFEV proposal provided herein take precedence  over all previous negotiations, oral or written, and no representations or warranties are  applicable except as specifically contained in this agreement or in the SFEV proposal  attached hereto.  No alteration, modification, amendment or change of this agreement  shall be binding unless executed in writing by the parties.  No waiver of any of the  provisions of this agreement shall be deemed a waiver of any other provision, whether  or not similar, nor shall any waiver constitute a continuing waiver.      This agreement shall be governed and controlled as to interpretation, enforcement,  validity, construction, effect, and in all other respects by the laws, statutes, and  decisions of the State of Florida.  Exclusive jurisdiction and venue for any litigation at all  related to this Agreement, directly, or indirectly, based upon contract, tort, or other  theory of law shall lie in the Palm Beach County Courts, North Palm Beach, Florida, and  the parties hereto consent and submit to the general jurisdiction of this court.  All of  the terms and provisions of this Agreement shall be binding upon and inure to the  benefit of and be enforceable by SFEV, PL Custom, Purchaser, their successors and  assigns.          3 | SFEV Purchase Agreement    IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly  executed and attested by its duly authorized representatives, effective as of the date  below when accepted at SFEV and PL Custom.      _______________________________________________________________________    South Florida Emergency Vehicles    Village of North Palm Beach of Florida    By David Stonitsch         (print name) ________________________      Title ‐ President    Title ‐ _____________________________    Sign ‐ ___________________________  Sign ‐ _____________________________                                                                          Date ‐ __________________________  Date ‐ ____________________________      ______________________________________________________________________    Accepted at PL Custom Body and Equipment Co., Inc.      By: Chad Newsome    Title – National Sales Manager    Sign ‐ ___________________________    Date ‐ ___________________________