04-11-2024 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 11, 2024
501 U.S. HIGHWAY 1 7:00 PM
Susan Bickel Deborah Searcy Lisa Interlandi Kristin Garrison Orlando Puyol
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
To watch the meeting live please go to our website page (link provided below) and click the “Watch
Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA
COUNCIL BUSINESS MATTERS
1. RESOLUTION ACCEPTING ELECTION RESULTS
2. ADMINISTRATION OF COUNCILMEMBER OATH
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
Regular Session Agenda, April 11, 2024 Page 2 of 2
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.
3. RESOLUTION – Approving a Statewide Mutual Aid Agreement with the Florida Division of Emergency
Management and authorizing its execution.
4. RESOLUTION – Approving an Amendment to a Contract with C.A.P. Government, Inc. for Building
Department Services increasing the total compensation by $25,000 to $50,000; and authorizing
execution of the Amendment.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
5. 1ST READING OF ORDINANCE 2024-05 – CODE AMENDMENT – PROHIBITING REMOTE
PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES Consider a motion
to adopt on first reading Ordinance 2024-05 amending Article I, "In General," of Chapter 2,
"Administration," of the Village Code of Ordinances by amending Section 2-1, "Boards and
Committees," to prohibit remote participation by members of Village Boards and Committees.
OTHER VILLAGE BUSINESS MATTERS
6. RESOLUTION – TREE TRIMMING MANAGEMENT AND MAINTENANCE SERVICES CONTRACTS
Consider a motion to adopt a resolution accepting proposals submitted by Precision Landscape Company
of Palm Beach County, Inc. and Salgado Tree Trimming, LLC for Tree Trimming, Management, and
Maintenance Services at a total amount not to exceed $50,000 for each contract; and authorizing
execution of the non-exclusive Contracts.
7. RESOLUTION – VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS Consider a motion
to adopt a resolution reappointing members to the Audit Committee, Business Advisory Board,
Environmental Committee, Golf Advisory Board, Library Advisory Board, Planning, Zoning and
Adjustment Board, Recreation Advisory Board and Waterways Board.
COUNCIL AND ADMINISTRATION MATTERS
8. MOTION – Designation of voting delegate and alternates for the PBC League of Cities
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
9. Audit Committee Annual Report
10. DISCUSSION – Strategic Planning Workshop meeting dates and times
11. PRESENTATION – Stormwater Master Plan Update
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.
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jessica Green, Village Clerk
DATE: April 11, 2024
SUBJECT: RESOLUTION – Accepting and declaring the results of the March 19, 2024
general election
Article III (“Legislative), Section 2 (“Election and terms”) of the Village Charter provides that “[o]n
the second Tuesday in March of each year, a general election shall be held to elect members of
the village council.”
On October 12, 2023, the Village Council adopted and enacted on second reading Ordinance
2023-19 changing the date of the March 2024 general election to March 19, 2024 in order to
coincide with the Presidential Preference Primary and to utilize both the County voting system
and the services of the Supervisor of Elections.
Furthermore, Article V (“Qualifications and Elections”) of the Village Charter provides as follows:
Section 4. General and runoff election. “Whenever a general or special election is held
to fill any elective office in the Village of North Palm Beach, the candidate receiving a majority of
the votes cast at such election to fill such office shall be declared to be duly elected …”
Section 5. Unopposed candidates. “In the event not more than one (1) person qualified
as a candidate for a designated seat on the village council to be filled at an election, that seat
shall not be listed on the regular village election ballot. Each unopposed candidate shall be
deemed to have voted for himself.”
The official results of the general election held March 19, 2024 are attached.
The attached resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
officially accepting and declaring the results of the March 19, 2024 general election.
Page 1 of 2
RESOLUTION 2024-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE
RESULTS OF THE MARCH 19, 2024 GENERAL ELECTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on March 19, 2024, the Village of North Palm Beach held a general election in accordance
with all applicable Village and state law requirements for the purpose of electing Councilmembers to
the Village Council for Groups 1, 3, 4 and 5; and
WHEREAS, because only one candidate each qualified for Group 1, Group 4, and Group 5, these
offices were not placed on the ballot and in accordance with the provisions of the Village Charter an d
the Florida Election Code, these candidates were presumed to have voted for themselves; and
WHEREAS, two candidates qualified for Group 3 during the time required for the filing of a Notice of
Candidacy, and the names of these candidates were placed on the ballot and submitted to the electorate;
and
WHEREAS, the Village Council wishes to officially accept and declare the results of the March 19, 2024
general election.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein.
Section 2. The Village Council accepts that the following are the results of the general election
held on March 19, 2024:
For Village Councilmember, Group 1:
Deborah Searcy unopposed
For Village Councilmember, Group 3:
Orlando Puyol 1,645
William Luzuriagga 634
For Village Councilmember, Group 4:
Kristin Garrison unopposed
Page 2 of 2
For Village Councilmember, Group 5:
Lisa Interlandi unopposed
Section 3. Based on the foregoing results, the Village Council hereby declares that the following
candidates are elected as Councilmembers for Groups 1, 3, 4, and 5:
For Village Councilmember, Group 1:
Deborah Searcy
For Village Councilmember, Group 3:
Orlando Puyol
For Village Councilmember, Group 4:
Kristin Garrison
For Village Councilmember, Group 5:
Lisa Interlandi
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ______ DAY OF _______, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
FIRE RESCUE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Interim Village Manager
FROM: J.D. Armstrong, Fire Chief
DATE: April 11, 2024
SUBJECT: RESOLUTION – Approval of an updated Statewide Mutual Aid Agreement with the
Florida Division of Emergency Management
The Florida Division of Emergency Management (FDEM) has updated the Statewide Mutual Aid
Agreement (SMAA) and is requiring all local governments within the State to execute the new
Agreement. The Village Council approved the execution of the prior version through the adoption of
Resolution No. 2019-76 on August 22, 2019.
The Village has been a signatory to the SMAA since inception. The purpose of the SMAA is to provide
a mechanism for local governments to secure assistance in the event of a major or catastrophic
disaster too extensive to deal with unassisted. Through this Agreement, the Villag e is afforded
mutual aid in the form of Police, Fire/Rescue and Public Works from other signatories to the
Agreement during declared disasters. The Agreement also provides a mechanism for the Village to
seek reimbursement for any mutual aid provided to outside agencies.
The Council’s approval of the SMAA has no immediate fiscal impact.
The attached Resolution and SMAA have been prepared and/or reviewed for legal sufficiency by the
Village Attorney.
Recommendation:
Village Administration requests Council consideration and approval of the attached
Resolution approving an updated Statewide Mutual Aid Agreement with the Florida Division
of Emergency Management and authorizing the Village Manager to execute the Agreement
through the electronic format directed by FDEM in accordance with Village policies and
procedures.
RESOLUTION 2024-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A STATEWIDE MUTUAL
AID AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND AUTHORIZING ITS EXECUTION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State Emergency Management Act set forth in Chapter 252, Florida Statutes,
authorizes the State of Florida and its political subdivisions to develop and enter into mutual aid
agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be
dealt with unassisted; and
WHEREAS, the Florida Division of Emergency Management has promulgated an updated Statewide
Mutual Aid Agreement and political subdivisions of the State may become a participating party by
executing the Agreement; and
WHEREAS, the Village Council determines that the execution of the Statewide Mutual Aid
Agreement is in the best interests of the health, safety and welfare of the citizens and residents of the
Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Statewide Mutual Aid Agreement with
the Florida Division of Emergency Management, a copy of which is attached hereto and
incorporated herein, and authorizes the Village Manager to execute the Agreement through the
electronic format required by the Division.
Section 3. All resolutions or parts thereof in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
STATEWIDE MUTUAL AID AGREEMENT - 2023
This Agreement is an acknowledgment of receipt by the Florida Division of Emergency
Management (“the Division”) and the local government (“Participating Party”) signing this
Agreement. Execution of this agreement replaces all previous iterations and is active until a new
agreement is drafted and requested by The Division.
This Agreement is based on the existence of the following conditions:
A. The State of Florida is vulnerable to a wide range of emergencies and disasters that
are likely to cause the disruption of essential services and the destruction of the
infrastructure needed to deliver those services.
B. Such emergencies and disasters often exceed the emergency response and recovery
capabilities of any one county or local government.
C. Such incidents may also give rise to unusual and unanticipated physical and technical
needs which a local government cannot meet with existing resources, but that other local
governments within the State of Florida may be able to provide.
D. The Emergency Management Act, c hapter 252, Florida Statutes, provides each local
government of the state the authority to develop and enter into mutual aid agreements
within the state for reciprocal emergency aid in case of emergencies too extensive to be
dealt with unassisted, and through such agreements ensure the timely reimbursement
of costs incurred by the local governments which render such assistance.
E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among
the political subdivisions of the state to carry out emergency management functions
and responsibilities.
F. Pursuant to c hapter 252, Florida Statutes, the Division has the authority to coordinate
and direct emergency management assistance between local governments and
concentrate available resources where needed.
Based on the existence of the foregoing conditions, the Parties agree to the following articles:
ARTICLE I: DEFINITIONS
As used in this Agreement, the following expressions shall have the following meanings:
A. The “Agreement” is this Agreement, which shall be referred to as the Statewide Mutual
Aid Agreement (“SMAA”).
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
B. The “Division” is the Florida Division of Emergency Management.
C. A “Requesting Party” to this Agreement is a Participating Party who requests assistance
under this agreement.
D. An “Assisting Party” to this Agreement is a Participating Party who provides assistance
to a Requesting Party under this agreement.
E. The “Period of Assistance” is the time during which an Assisting Party renders
assistance to a Requesting Party under this agreement and includes the time
necessary for the resources and personnel of the Assisting Party to travel to the
place specified by the Requesting Party and the time necessary to return to their place
of origin.
F. A “Mission” is a documented emergency response activity performed during a Period of
Assistance, usually in reference to one operational function or activity.
G. A “local government” is any educational district, special district, or any entity that is a
“local governmental entity” within the meaning of section 11.45(1)(g), Florida Statutes.
H. An “educational district” is any school district within the meaning of section 1001.30,
Florida Statutes, and any Florida College System Institution or State University within
the meaning of section 1000.21, Florida Statutes.
I. A “special district” is any local or regional governmental entity which is an
independent special district within the meaning of section 189.012(3), Florida Statutes,
established by local, special, or general act, or by rule, ordinance, resolution, or interlocal
agreement.
J. A “tribal council” is the respective governing bodies of the Seminole Tribe of Florida and
Miccosukee Tribe of Indians recognized as special improvement district by section
285.18(1), Florida Statutes.
K. An “interlocal agreement” is any agreement between local governments within the
meaning of section 163.01(3)(a), Florida Statutes.
L. A “Resource Support Agreement” as used in this Agreement refers to a supplemental
agreement of support between a Requesting Party and an Assisting Party.
M. “Proof of work” as used in this Agreement refers to original and authentic documentation
of a single individual or group of individuals’ emergency response activity at a tactical
level.
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
N. "Proof of payment” as used in this Agreement refers to original and authentic
documentation of an emergency response expenditure made by an Assisting Party.
O. A “Reimbursement Package” as used in this Agreement refers to a full account of mission
response documentation supported by proof of work and proof of payment.
P. Any expressions not assigned definitions elsewhere in this Agreement shall have the
definitions assigned them by the Emergency Management Act, Chapter 252, Florida
Statutes.
ARTICLE II: APPLICABILITY OF THE AGREEMENT
Any Participating Party, including the Division, may request assistance under this Agreement for
a “major disaster” or “catastrophic disaster” as defined in section 252.34, Florida Statutes, minor
disasters, and other such emergencies as lawfully determined by a Participating Party.
ARTICLE III: INVOCATION OF THE AGREEMENT
In the event of an emergency or anticipated emergency, a Participating Party may request
assistance under this Agreement from any other Participating Party or the Division if, in the
judgement of the Requesting Party, its own resources are inadequate to meet the needs of the
emergency or disaster.
A. Any request for assistance under this Agreement may be oral, but within five (5)
calendar days must be confirmed in writing by the Requesting Party. All requests for
assistance under this Agreement shall be transmitted by the Requesting Party to
another Participating Party or the Division. If the Requesting Party transmits its request
for Assistance directly to a Participating Party other than the Division, the Requesting
Party and Assisting Party shall keep the Division advised of their activities.
B. The Division shall relay any requests for assistance under this Agreement to such other
Participating Parties as it may deem appropriate and coordinate the activities of the
Assisting Parties to ensure timely assistance to the Requesting Party. All such activities
shall be carried out in accordance with the State’s Comprehensive Emergency
Management Plan.
ARTICLE IV: RESPONSIBILITIES OF REQUESTING PARTIES
To the extent practicable, all Requesting Parties shall provide the following information to their
respective county emergency management agency, the Division, and the intended Assisting Party
or Parties. In providing such information, Requesting Parties should utilize Section I of the
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Resource Support Agreement (RSA) Form, available via the Division approved documents
SharePoint site 1.
A. A description of the Mission to be performed by the Assisting Party;
B. A description of the resources and capabilities needed to complete the Mission
successfully;
C. The location, date, and time personnel and resources from the Assisting Party should
arrive at the incident site, staging area, facility, or other location designated by the
Requesting Party;
D. A description of the health, safety, and working conditions expected for deploying
personnel;
E. Lodging and meal availability;
F. Any logistical requirements;
G. A description of any location or facility outside the territorial jurisdiction of the
Requesting Party needed to stage incoming resources and personnel;
H. The location date, and time for personnel of the Requesting Party to meet and receive
the personnel and equipment of the Assisting Party; and
I. A technical description of any communications equipment needed to ensure effective
information sharing between the Requesting Party, any Assisting Parties, and all
relevant responding entities.
ARTICLE V: RESPONSIBILITIES OF ASSISTING PARTIES
Each Party shall render assistance under this Agreement to any Requesting Party to the extent
practicable that its personnel, equipment, resources, and capabilities can render assistance. If
upon receiving a request for assistance under this Agreement a Party determines that it has the
capacity to render some or all of such assistance, it shall provide the following information without
delay to the Requesting Party, the Division, and the Assisting Party’s County emergency
management agency. In providing such information, the Assisting Party should utilize the Section
II of the Resource Support Agreement (RSA) Form, available via the Division approved
documents SharePoint site.
1 FDEM approved documents such as activity logs and mutual aid forms can be found at:
https://portal.floridadisaster.org/projects/FROC/FROC_Documents/Forms/AllItems.aspx?View=%7B6F3CF7BD%2DC0A4%2D4BE2%2DB809%2DC8009D7D068
6%7D
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
A. A description of the personnel, equipment, supplies, services and capabilities it has
available, together with a description of the qualifications of any skilled personnel;
B. An estimate of the time such personnel, equipment, supplies, and services will continue
to be available;
C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and
services to the location(s) specified by the Requesting Party;
D. A technical description of any communications and telecommunications equipment
available for timely communications with the Requesting Party and other Assisting
Parties;
E. The names and contact information of all personnel whom the Assisting Party has
designated as team leaders or supervisors; and
F. An estimated cost for the provision of assistance.
ARTICLE VI: RENDITION OF ASSISTANCE
The Requesting Party shall afford the emergency response personnel of all Assisting Parties,
while operating within the jurisdictional boundaries of the Requesting Party, the same powers,
duties, rights, and privileges, except that of arrest unless specifically authorized by the Requesting
Party, as are afforded the equivalent emergency response personnel of the Requesting
Party. Emergency response personnel of the Assisting Party will remain under the command and
control of the Assisting Party, but during the Period of Assistance, the resources and responding
personnel of the Assisting Party will perform response activities under the operational and tactical
control of the Requesting Party.
A. Unless otherwise agreed upon between the Requesting and Assisting Party, the
Requesting Party shall be responsible for providing food, water, and shelter to the
personnel of the Assisting Party. For Missions performed in areas where there are
insufficient resources to support responding personnel and equipment throughout the
Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide
their emergency response personnel with the equipment, fuel, supplies, and technical
resources necessary to make them self-sufficient throughout the Period of Assistance.
When requesting assistance, the Requesting Party may specify that Assisting Parties
send only self-sufficient personnel and resources but must specify the length of time
self-sufficiency should be maintained.
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent
practicable, coordinate all communications between its personnel and the responding
personnel of the Assisting Parties, and shall determine and share the frequencies and
other technical specifications of all communications equipment to be used, as
appropriate, with the deployed personnel of the Assisting Parties.
C. Personnel of the Assisting Party who render assistance under this Agreement shall
receive the usual wages, salaries, and other compensation as are normally afforded to
personnel for emergency response activities within their home jurisdiction, and shall
have all the immunities, rights, interests, and privileges applicable to their normal
employment. If personnel of the Assisting Party hold local licenses or certifications
limited to the jurisdiction of issue, then the Requesting Party shall recognize and honor
those licenses or certifications for the duration of the Period of Assistance.
ARTICLE VII: REIMBURSEMENT
After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full
reimbursement package for services rendered and resources supplied during the Period of
Assistance. All expenses claimed to the Requesting Party must have been incurred in direct
response to the emergency as requested by the Requesting Party and must be supported by proof
of work and proof of payment.
To guide the proper documentation and accountability of expenses, the Assisting Party should
utilize the Claim Summary Form, available via the Division approved documents SharePoint site
as a guide and summary of expense to collect information to then be formally submitted for review
by the Requesting Party.
To receive reimbursement for assistance provided under this agreement, the Assisting Party shall
provide, at a minimum, the following supporting documentation to the Requesting Party unless
otherwise agreed upon between the Requesting and Assisting Parties:
A. A complete and authentic description of expenses incurred by the Assisting Party during
the Period of Assistance;
B. Copy of a current and valid Internal Revenue Service W-9 Form;
C. Copies of all relevant payment and travel policies in effect during the Period of
Assistance;
D. Daily personnel activity logs demonstrating emergency response activities performed
for all time claimed (for FDEM reimbursement Division approved activity logs will be
required for personnel activity claims);
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
E. Official payroll and travel reimbursement records for all claimed personnel expenses;
F. Neat and comprehensive fringe benefit calculations for each position class or category
of claimed personnel;
G. Written justification for all additional expenses/purchases incurred during the Period of
Assistance;
H. Proof of payment for additional/miscellaneous expenses incurred during the Period of
Assistance
I. Equipment activity logs demonstrating equipment use and operation in support of
emergency response activities for all time claimed (for FDEM reimbursement Division
approved forms will be required for equipment activity claims);
J. Proof of reimbursement to all employees who incurred emergency response expenses
with personal money;
K. Justification for equipment repair expenses; and
L. Copies of any applicable supporting agreements or contracts with justification.
If a dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party,
Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the
Parties must select as an arbitrator any elected official of another Participating Party, or any other
official of another Participating Party whose normal duties include emergency management, and
the other Participating Party shall also select such an official as an arbitrator, and the arbitrators
thus chosen shall select another such official as a third arbitrator.
The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30)
calendar days to consider any documents and any statements or arguments by the Division, the
Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in
writing not later than ten (10) business days after the close of the hearing. The decision of a
majority of the arbitrators shall bind the parties and shall be final.
If the Participating Parties do not elect binding arbitration, this agreement and any disputes arising
thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon
County, Florida. Nothing in this Agreement shall be construed to create an employer-employee
relationship or a partnership or joint venture between the participating parties. Furthermore,
nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the
provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by
either Party to be sued by third parties.
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
ARTICLE VIII: COST ELIGIBLE FOR REIMBURSEMENT
The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed
to make the Assisting Party whole to the fullest extent practicable.
A. Employees of the Assisting Party who render assistance under this Agreement shall be
entitled to receive from the Assisting Party all their usual wages, salaries, and any and
all other compensation for mobilization, hours worked, and demobilization. Such
compensation shall include any and all contributions for insurance and retirement, and
such employees shall continue to accumulate seniority at the usual rate. As between the
employees and the Assisting Party, the employees shall have all the duties,
responsibilities, immunities, rights, interests, and privileges incident to their usual
employment. The Requesting Party shall reimburse the Assisting Party for these costs
of employment.
B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental
rate established in FEMA’ s Schedule of Equipment, or at any other rental rate agreed
to by the Requesting Party. In order to be eligible for reimbursement, equipment must
be in actual operation performing eligible work. The labor costs of the operator are not
included in the rates and should be approved separately from equipment costs. The
Assisting Party shall pay for fuels, other consumable supplies, and repairs to its
equipment as needed to keep the equipment in a state of operational readiness. Rent
for the equipment shall be deemed to include the cost of fuel and other consumable
supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of
the Assisting Party, the Requesting Party may provide fuels, consumable supplies,
maintenance, and repair services for such equipment at the site. In that event, the
Requesting Party may deduct the actual costs of such fuels, consumable supplies,
maintenance, and services from the total costs otherwise payable to the Assisting Party.
If the equipment is damaged while in use under this Agreement and the Assisting Party
receives payment for such damage under any contract of insurance, the Requesting
Party may deduct such payment from any item or items billed by the Assisting Party for
any of the costs for such damage that may otherwise be payable.
C. The Requesting Party shall pay the total costs for the use and consumption of any and
all consumable supplies delivered by the Assisting Party for the Requesting Party under
this Agreement. In the case of perishable supplies, consumption shall be deemed to
include normal deterioration, spoilage, and damage notwithstanding the exercise of
reasonable care in its storage and use. Supplies remaining unused shall be returned to
the Assisting Party in usable condition upon the close of the Period of Assistance, and
the Requesting Party may deduct the cost of such returned supplies from the total costs
billed by the Assisting Party for such supplies. If the Assisting Party agrees, the
Requesting Party may also replace any and all used consumable supplies with like
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
supplies in usable condition and of like grade, quality and quantity within the time allowed
for reimbursement under this Agreement.
D. The Assisting Party shall keep records to document all assistance rendered under this
Agreement. Such records shall present information sufficient to meet the audit
requirements specified in the regulations of FEMA and any applicable circulars issued
by the State of Florida. Upon reasonable notice, the Assisting Party shall make its
records available the Requesting Party for inspection or duplication between 8:00 a.m.
and 5:00 p.m. on all weekdays, except for official holidays.
ARTICLE IX: INSURANCE
Each Participating Party shall determine for itself what insurance to procure, if any. With the
exceptions in this Article, nothing in this Agreement shall be construed to require any Participating
Party to procure insurance.
A. Each Participating Party shall procure employers’ insurance meeting the requirements
of the Workers’ Compensation Act, as amended, affording coverage for any of its
employees who may be injured while performing any activities under the authority of this
Agreement, and shall be provided to each Participating Party.
B. Participating Parties may elects additional insurance affording liability coverage
for any activities that may be performed under the authority of this Agreement .
C. Subject to the limits of such liability insurance as any Participating Party may elect to
procure, nothing in this Agreement shall be construed to waive, in whole or in part, any
immunity any Participating Party may have in any judicial or quasi-judicial proceeding.
D. Each Participating Party which renders assistance under this Agreement shall be
deemed to stand in the relation of an independent contractor to all other Participating
Parties and shall not be deemed to be the agent of any other Participating Party.
E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability
for its own conduct and that of its employees.
F. Nothing in this Agreement shall be construed to obligate any Participating Party to
indemnify any other Participating Party from liability to third parties.
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
ARTICLE X: GENERAL REQUIREMENTS
Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties
shall be subject to the following requirements in the performance of this Agreement:
A. All Participating Parties shall allow public access to all documents, papers, letters, or
other materials subject to the requirements of the Public Records Act, as amended, and
made or received by any Participating Party in conjunction with this Agreement.
B. No Participating Party may hire employees in violation of the employment restrictions in
the Immigration and Nationality Act, as amended.
C. No costs reimbursed under this Agreement may be used directly or indirectly to influence
legislation or any other official action by the Legislature of the State of Florida or any of
its agencies.
D. Any communication to the Division under this Agreement shall be sent via either email,
the Division of Emergency Managements Enterprise System (DEMES), or mail to the
Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399-2100.
E. Any communication to a Participating Party shall be sent to the official or officials
specified by that Participating Party. For the purpose of this section, any such
communication may be sent by the U.S. Mail, e-mail, or other electronic platforms.
ARTICLE XI: EFFECTS OF AGREEMENT
Upon its execution by a Participating Party, this Agreement shall have the following effect with
respect to that Participating Party:
A. The execution of this Agreement by any Participating Party which is a signatory to the
Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties,
responsibilities, and obligations of that Participating Party under the Statewide Mutual
Aid Agreement of 1994, but such termination shall not affect the liability of the
Participating Party for the reimbursement of any costs due under the Statewide Mutual
Aid Agreement of 1994, regardless of whether such costs are billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory to the
Public Works Mutual Aid Agreement shall terminate the rights, interests, duties,
responsibilities and obligations of that Participating Party under the Public Works Mutual
Aid Agreement, but such termination shall not affect the liability of the Participating Party
for the reimbursement of any costs due under the Public Works Mutual Aid Agreement,
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
regardless of whether such costs are billed or unbilled.
C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall
supersede any other existing agreement between it and any Assisting Party to the extent
that the former may be inconsistent with the latter.
D. Upon its execution by any Participating Party, this Agreement will continue in effect for
one (1) year from its date of execution by that Participating Party, and it shall
automatically renew each year after its execution, unless within sixty (60) calendar days
before the renewal date the Participating Party notifies the Division, in writing, of its intent
to withdraw from the Agreement.
E. The Division shall transmit any amendment to this Agreement by sending the
amendment to all Participating Parties not later than five (5) business days after its
execution by the Division. Such amendment shall take effect not later than sixty (60)
calendar days after the date of its execution by the Division and shall then be binding on
all Participating Parties. Notwithstanding the preceding sentence, any Participating Party
who objects to the amendment may withdraw from the Agreement by notifying the
Division in writing of its intent to do so within that time in accordance with section E of
this Article.
F. A Participating Party may rescind this Agreement at will after providing the other
Participating Party a written SMAA withdrawal notice. Such notice shall be provided at
least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be:
written, signed by an appropriate authority, duly authorized on the official letterhead of
the Participating Party, and must be sent via email, the Division of Emergency
Managements Enterprise System (DEMES), or certified mail.
ARTICLE XII: INTERPRETATION AND APPLICATION OF AGREEMENT
The interpretation and application of this Agreement shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under this
Agreement are not independent, but dependent.
B. Time shall be of the essence of this Agreement, and of the performance of all conditions,
obligations, duties, responsibilities, and promises under it.
C. This Agreement states all the conditions, obligations, duties, responsibilities, and
promises of the Participating Parties with respect to the subject of this Agreement, and
there are no conditions, obligations, duties, responsibilities, or promises other than those
expressed in this Agreement.
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable
or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall
remain in full force and effect, it being the intent of the Division and the other Participating
Parties that every portion of the Agreement shall be severable from every other portion
to the fullest extent practicable. The Division reserves the right, at its sole and absolute
discretion, to change, modify, add, or remove portions of any sentence, clause, phrase,
or other portion of this Agreement that conflicts with state law, regulation, or policy. If the
change is minor, the Division will notify the Participating Party of the change and such
changes will become effective immediately; therefore, please check these terms
periodically for changes. If the change is substantive, the Participating Parties may be
required to execute the Agreement with the adopted changes. Any continued or
subsequent use of this Agreement following the posting of minor changes to this
Agreement shall signify implied acceptance of such changes.
E. The waiver of any obligation or condition in this Agreement by a Participating Party shall
not be construed as a waiver of any other obligation or condition in this Agreement.
NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace
all previous versions.
The Division shall provide reimbursement to Assisting Parties in accordance with the terms and
conditions set forth in this Article for missions performed at the direct request of the Division.
Division reimbursement eligible expenses must be in direct response to the emergency as
requested by the State of Florida. All required cost estimations and claims must be executed
through the DEMES Mutual Aid Portal and assisting agencies must use all required FDEM forms
for documentation and cost verification. If a Requesting Party has not forwarded a request through
the Division, or if an Assisting Party has rendered assistance without being requested to do so by
the Division, the Division shall not be liable for the costs of any such assistance.
FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct
response to the incident for which asset was requested.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified
below:
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A COUNTY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK OF THE CIRCUIT COURT OF _______________________ COUNTY,
STATE OF FLORIDA
By: _______________________________ By: ________________________________
Clerk or Deputy Clerk Chairman
Date: ______________________________
Approved as to Form:
By: ________________________________
County Attorney
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A CITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
ATTEST: CITY OF ___________________________
CITY CLERK STATE OF FLORIDA
By: _____________________________ By: ________________________________
Title: ____________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
City Attorney
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A COUNTY SHERIFF'S OFFICE
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
___________________________________________________
COUNTY SHERIFF'S OFFICE, STATE OF FLORIDA
By: ________________________________ By: ________________________________
Title: _______________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for Entity
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A COUNTY OR CITY FIRE DEPARTMENT/DISTRICT OFFICE
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
___________________________________________________
COUNTY OR CITY FIRE DEPARTMENT/DISTRICT, STATE OF FLORIDA
By: ________________________________ By: ________________________________
Title: _______________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for Entity
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY AN EDUCATIONAL DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
___________________________________ SCHOOL DISTRICT, STATE OF FLORIDA
By: ________________________________ By: ________________________________
Title: _______________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for District
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY COMMUNITY COLLEGE OR STATE UNIVERSITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
ATTEST:
By: _______________________________
BOARD OF TRUSTEES
OF________________________________
COMMUNITY COLLEGE,
STATE OF FLORIDA
BOARD OF TRUSTEES
OF________________________________
UNIVERISTY,
STATE OF FLORIDA
By: ________________________________
Clerk Chairman
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for Board
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A SPECIAL DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
___________________________________ SPECIAL DISTRICT, STATE OF FLORIDA
By: ________________________________ By: ________________________________
Title: _______________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for District
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY AN AUTHORITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
ATTEST: BOARD OF TRUSTEES
OF________________________________
AUTHORITY,
STATE OF FLORIDA
By: _______________________________ By: ________________________________
Clerk Chairman
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for Board
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A NATIVE AMERICAN TRIBE
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
ATTEST: TRIBAL COUNCIL OF THE
__________________ TRIBE OF FLORIDA
By: _______________________________ By: ________________________________
Council Clerk Chairman
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for Council
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FOR ADOPTION BY A COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________________________ Date: ______________________________
Kevin Guthrie, Executive Director or
Ian Guidicelli, Authorized Designee
___________________________________________________
COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA
By: ________________________________ By: ________________________________
Title: _______________________________ Title: ______________________________
Date: ______________________________
Approved as to Form:
By: ________________________________
Attorney for District
Ron DeSantis, Governor Kevin Guthrie, Executive Director
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
SAMPLE AUTHORIZING RESOLUTION FOR ADOPTION OF
STATEWIDE MUTUAL AID AGREEMENT
RESOLUTION NO. _____________
WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes
the State and its political subdivisions to provide emergency aid and assistance in the event of
a disaster or emergency; and
WHEREAS the statutes also authorize the State to coordinate the provision of any
equipment, services, or facilities owned or organized by the State or it political subdivisions for
use in the affected area upon the request of the duly constituted authority of the area; and
WHEREAS this Resolution authorizes the request, provision, and receipt of
interjurisdictional mutual assistance in accordance with the Emergency Management Act,
Chapter 252, among political subdivisions within the State; and
NOW, THEREFORE, be it resolved by __________________________________
___________________________________________________________ that in order to
maximize the prompt, full and effective use of resources of all participating governments in the
event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which
is attached hereto and incorporated by reference.
ADOPTED BY: __________________________________________________
DATE: _________________________________________________________
I certify that the foregoing is an accurate copy of the Resolution adopted by
_____________________________________ on____________________________.
BY: __________________________________
TITLE: ________________________________
DATE: ________________________________
Ron DeSantis, Governor Kevin Guthrie, Executive Director
D I V I S I O N H E A D Q U A R T E R S
2555 S h u m ar d O ak B o u l ev a rd
T al l ah a s s e e , F L 323 99 - 2100
Telephone: 850-815-4000
www.FloridaDisaster.org
S T A T E L O G I S T IC S R E S PO N S E C E N T E R
2702 D i r ecto rs R o w
Or lando , FL 32 809 - 5 631
STATEWIDE MUTUAL AID AGREEMENT – SAMPLE ATTACHMENT
Encompassed Entities
This notice is an acknowledgment of an amendment to the 2023 SMAA by the Florida Division
of Emergency Management (“the Division”) which allows parent entities to include individual
departments and subdivisions, within their authority, to be listed as SMAA designees eligible
for SMAA request and assistance procedures.
By our authority and adoption of the attached 2023 Statewide Mutual Aid agreement, as the
parent entity, the following departments and subdivisions will be included as SMAA signatories
for all asset request, assistance, and applicable reimbursement processes:
All entities listed herein will still require access to the DEMES Mutual Aid System for FDEM
Reimbursement process requirements.
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Caryn Gardner- Young, Director of Community Development
DATE: April 11, 2024
SUBJECT: RESOLUTION – Approving an Amendment to the Contract with C.A.P.
Government, Inc. for building inspection and permit technician services to increase
the amount by $25,000 (for a total of $50,000).
The Community Development Department has been utilizing contracted services to augment
Building Division Staff to ensure that the Village’s building permit level of service is being met.
One of the companies that the Village has been utilizing is C.A.P. Government, Inc. On October
1, 2023, the Village Manager approved a Contract with C.A.P. Government, Inc. in the amount of
$25,000 in accordance with the terms, conditions and pricing established in an existing,
competitively bid Contract with the Town of Jupiter, approved by the Town on July 16, 2019 for a
period of 5 years.
Due to staffing shortages, the Department has been using a contract permit technician forty hours
a week, as well as a contract building inspector for about twenty-two hours a week since the start
of the 2023-2024 Fiscal Year. When the Department budgeted for professional services, Staff
expected the vacant positions to be filled more quickly. Consequently, there is a shortfall of the
funds available to maintain the services of C.A.P. Government through the end of the Fiscal Year.
The cost of these professional services is offset by salary and benefit savings from the vacant
positions.
Staff is requesting an amendment to the Contract with C.A.P. Government to increase the total
compensation by an additional $25,000 to $50,000 and to specifically reference the hourly rate
for permit technicians. The Department expects the use of C.A.P. Government’s services to
decrease because a new full-time Senior Building Inspector started employment on March 18,
2024. Additionally, the Department is in the process of hiring two permit technicians.
The attached Resolution and Amendment have been prepared and/or reviewed for legal
sufficiency by the Village Attorney.
Account Information:
Fund Department Account
Number
Account
Description
Amount
General
Fund Building A6019-33190 Professional
Services $50,000
Recommendation: Village Staff requests Council consideration and approval of the attached
Resolution approving an Amendment to the Contract for Building Inspection Services with C.A.P.
Government, Inc. to increase the contract amount to a total of $50,000 through Fiscal Year 2024,
with funds expended from Account No. A6019-33190 (Building – Professional Services) and
authorizing the Mayor and Village Clerk to execute the Amendment in accordance with Village
policies and procedures.
RESOLUTION 2024-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO A CONTRACT
WITH C.A.P GOVERNMENT, INC. FOR BUILDING DEPARTMENT SERVICES
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT WITH
THE TOWN OF JUPITER AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 1, 2023, the Village Manager executed a Contract for building inspection
services with C.A.P. Government, Inc. in accordance with the terms, conditions and pricing established
in an existing competitively bid Contract for Plan Review, Inspection Services, and Permit Technicians
between C.A.P. and the Town of Jupiter; and
WHEREAS, in accordance with the Village’s Purchasing Policies and Procedures, the amount of
compensation was capped at $25,000; and
WHEREAS, Village Staff needs additional building inspection and permit technician services through
the end of the current fiscal year and requested execution of Amendment to increase the total
compensation by $25,000 to $50,000; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Contract is in the
best interests of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Amendment to the Agreement for building
department services with C.A.P. Government, Inc., a copy of which is attached hereto and incorporated
herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village.
The total compensation paid pursuant to the Amendment shall not exceed $50,000, with funds expended
from Account No. A6019-33190 (Building Division – Professional Services).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
AMENDMENT TO CONTRACT FOR SERVICES
This Amendment is made as of the _______ day of _____________, 2024, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida, 33408,
a Florida municipal corporation (“VILLAGE”), and C.A.P. GOVERNMENT, INC., 1910 North
Florida Mango Road, West Palm Beach, Florida 33409, a Florida corporation (“CONTRACTOR”).
RECITALS
WHEREAS, on October 1, 2023, the VILLAGE executed a Contract with CONTRACTOR for
building department services (“Agreement”) in accordance with the terms, conditions and pricing
established in an existing, competitively bid Contract for Services with the Town of Jupiter; and
WHEREAS, the parties wish to amend the Contract to increase the total amount of compensation to
$50,000 and specifically incorporate the pricing for permit technicians.
NOW THEREFORE, in consideration of the mutual promises set forth herein in the Agreement, as
amended, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The recitals set forth above are true and correct and are fully incorporated herein by
reference.
2. Section 3 of the Contract is herby amended to read as follows:
A. In accordance with the terms and conditions of the Jupiter Contract and at the
direction of the Community Development Director, CONTRACTOR shall perform
building inspection services at a rate of $72.50 per hour on an as needed basis and
permit technician services at a rate of $50.00 per hour on an as needed basis.
B. The total cost of such services shall not exceed $50,000.00 for Fiscal Year 2024.
3. All other terms of the Agreement, to the extent not specifically modified herein, shall
remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Amendment as of the day and year first above written.
C.A.P. GOVERNMENT, INC.
By:
Print Name: __________________________
Position: _____________________________
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
By:_______________________________
SUSAN BICKEL, MAYOR
ATTEST:
By:_______________________________
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: _______________________________
VILLAGE ATTORNEY
Carlos A. Penin, PE
President
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: April 11, 2024
SUBJECT: ORDINANCE 1st Reading – Amending Section 2-1 of the Village Code of Ordinances
to prohibit remote participation by Village board and committee members
Through the adoption of Ordinance No. 2007-13 on July 12, 2007, the Village Council adopted a new
Section 2-1 of the Village Code of Ordinances, setting forth the requirements and rules of general
application for all Village boards and committees. As originally adopted, Section 2-1(f)(8) of the Village
Code provided that members of Village boards and committees “shall attend all meetings in person and
shall not participate as a member of any board or committee or vote on any matter by telephone, video
conferencing, or any other electronic means.”
This prohibition remained in effect until 2022. In response to the COVID-19 pandemic, the Village had
been utilizing a video conferencing platform to allow for virtual participation by Councilmembers and
members of the public, and the Village Council extended this option to board and committee members to
the extent permitted by Florida law (which requires that a quorum be physically present. Through the
adoption of Ordinance No. 2022-03 on January 27, 2022, the Village Council deleted Section 2-1(f)(8).
At its March 28, 2024 meeting, the Village Council discussed the issue of remote participation by board
and committee members and determined that it was in the best interests of the Village to require in person
attendance. The Village no longer utilizes a video conferencing platform for Village Council meetings,
and the Council determined that remote participation via telephone by board and committee members
was ineffective and hampered full participation.
The attached Ordinance readopts Section 2-1(f)(8) of the Village Code (as originally adopted in 2007)
and prohibits members of Village boards and committees from participating as a member or voting on
any matter by telephone, video conferencing, or other electronic means.
The attached Ordinance has been prepared by this office and reviewed for legal sufficiency.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Section 2-1 of the Village Code of Ordinances to prohibit remote
participation by Village board and committee members in accordance with Village policies and
procedures.
Page 1 of 3
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4
CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES 5
BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO PROHIBIT 6
REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND 7
COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR 8
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9
EFFECTIVE DATE. 10
11
WHEREAS, Section 2-1 of the Village Code of Ordinances governs the appointment and operation of 12
Village boards and committees; and 13
14
WHEREAS, the Village Council wishes to amend Section 2-1 to reinstate the prohibition against 15
advisory board and committee members participating as a member or voting by telephone, video 16
conferencing, or any other electronic means; and 17
18
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 19
of the Village and its residents. 20
21
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 22
NORTH PALM BEACH, FLORIDA as follows: 23
24
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 25
26
Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 27
“Administration,” of the Village Code of Ordinances as follows (additional language is underlined and 28
deleted language stricken through): 29
30
Sec. 2-1. Boards and committees. 31
32
(a) Purpose. The purpose of this section is to establish procedures for village 33
boards and committees. Except as specifically provided by law or ordinance, all boards 34
and committees are advisory only and the existence of such advisory boards and 35
committees does not diminish or alter the statutory or constitutional authority of the 36
village council. 37
38
(b) Scope. The provisions of this section shall apply to all village boards and 39
committees an shall govern the conduct of all members of such boards. 40
41
(c) Creation of advisory boards. The village council may, by ordinance, 42
create a board or committee in connection with any function of the village. The ordinance 43
creating such board shall specify the purpose, powers, and duties of the board. Nothing 44
set forth herein shall prevent the village council from creating ad hoc committees of 45
limited duration by resolution. 46
47
Page 2 of 3
(d) Records. Each board and committee shall maintain attendance records and 1
voting records of each member and shall forward such information to the village clerk. 2
The records shall include the reason given by the board or committee member for any 3
absence. 4
5
(e) Compensation of members. Board and committee members shall serve 6
without compensation except as may be provided by ordinance or resolution of the village 7
council. 8
9
(f) General provisions. Members of village boards and committees: 10
11
(1) Shall serve at the pleasure of the village council and may be removed with 12
or without cause by a vote of the village council; 13
14
(2) Shall be a resident of the village and maintain residency in the village 15
during the term of appointment (unless waived by the village council) and 16
meet such other eligibility requirements as may be established by the 17
village council; 18
19
(3) Shall not hold any employment or office in village government or any 20
contractual relationship with the village; 21
22
(4) Shall serve on only one village board or committee where membership on 23
two boards or committees would violate the constitutional dual office-24
holding prohibition; 25
26
(5) Shall not appear before the board or committee on which they serve or the 27
village council as an agent or attorney on behalf of any person or entity; 28
29
(6) Shall not have or hold any employment or contractual relationship that 30
will create a continuing or frequently recurring conflict between their 31
private interests and the performance of their public duties or that would 32
impede the full and faithful discharge of their public duties; and 33
34
(7) Shall not initiate any grievance or complaint against any person appearing 35
before the board or committee on which they serve without the approval 36
of the village manager.; and 37
38
(8) Shall attend all meetings in person and shall not participate as a member 39
of any board or committee or vote on any matter by telephone, video 40
conferencing, or any other electronic means. 41
42
* * * 43
44
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 45
Village of North Palm Beach. 46
47
Page 3 of 3
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any 1
reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding 2
shall not affect the remainder of this Ordinance. 3
4
Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 5
herewith are hereby repealed to the extent of such conflict. 6
7
Section 6. This Ordinance shall take effect immediately upon adoption. 8
9
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 10
11
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2024. 12
13
14
15
(Village Seal) 16
MAYOR 17
18
ATTEST: 19
20
21
VILLAGE CLERK 22
23
APPROVED AS TO FORM AND 24
LEGAL SUFFICIENCY: 25
26
27
VILLAGE ATTORNEY 28
29
VILLAGE OF NORTH PALM BEACH
LEISURE SERVICES
TO: Honorable Mayor and Members of the Village Council
THRU: Chuck Huff, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: April 11, 2024
SUBJECT: RESOLUTION – Accepting proposals from selected firms to provide Tree Trimming,
Management, & Maintenance Services and authorizing the Mayor and Village Clerk to
execute Contracts for such services in accordance with Village policies and procedures.
Background:
On February 7, 2024, the Village issued a Request for Proposals for Tree Trimming, Management, and
Maintenance Services (“RFP”). On March 7, 2024, the following five firms submitted proposals in response
to the RFP:
Cayco Landscaping
Precision Landscape Co. of Palm Beach County, Inc.
Salgado Tree Trimming, LLC
Sherlock Tree Company, Inc.
The GreenShape – Landscape Management Holding LLC
A Selection Committee consisting of Leisure Services Director Zak Sherman, Country Club General Manager
Beth Davis, and Superintendent of Parks and Recreation Stephen Poh reviewed the proposals on March 28,
2024 and ranked the proposals as follows:
Rank Vendor Total Score
1 Precision Landscape 218
2 Salgado Tree Trimming, LLC 187
3 Cayco Landscaping 187
4 Sherlock Tree Company 163
5 The GreenShape 110
Scoring was based on each firm’s qualifications, equipment, price proposal, references, and local preference.
While there was initially a tie between Cayco and Salgado Tree Trimming, LLC, the tie was resolved by the
Selection Committee in favor of Salgado Tree Trimming, LLC., citing the local preference.
Based upon the rankings, the Selection Committee is recommending that the Village enter into non-exclusive
contracts with two of the proposers:
1. Precision Landscape Co. of Palm Beach County, Inc.; and
2. Salgado Tree Trimming LLC
This will ensure broader coverage and availability in case one contractor is unavailable.
Contract Term:
The initial term of the Contract will be three (3) years, with an option to renew for three (3) additional one-
year terms for a cumulative total of six (6) years, using the same terms, conditions, and pricing during
the initial term and renewal terms.
Scope of Work:
The scope of the work includes comprehensive tree maintenance such as pruning, trimming, and
removing dead trees and branches. It also covers grinding stumps and roots, removing root balls, and
properly disposing of all tree debris, with holes filled post -removal at the Village's direction. The project
extends to delivering and installing new trees, plants, shrubs, mulch, and sod. Additionally, it
encompasses whitefly treatment and conducting a tree inventory for Leisure Services locations.
Fiscal Impacts:
Work will be authorized through a Purchase Order for each vendor selected, in an amount not to exceed
$50,000 in any single fiscal year, based upon available funds in the Village Council’s approved budget.
There is no guarantee of a minimum amount of work under any continuing contract.
Account Information:
Fund Department Account
Number
Account
Description
Vendor Amount
General
Fund
Parks and
Recreation A8028-33491 Contractual
Services
Precision
Landscape $50,000
General
Fund
Parks and
Recreation A8028-33491 Contractual
Services
Salgado
Tree
Trimming
$50,000
The attached Resolution and Contracts have been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
Contracts with Precision Landscape Company of Palm Beach County, Inc. and Salgado Tree
Trimming, LLC for Tree Trimming, Management, and Maintenance Services at a total cost for each
not to exceed $50,000, with funds expended from Account Number A8028-33491 (Recreation –
Contractual Services), and authorizing the Mayor and Village Clerk to execute Contracts for such
services in accordance with Village policies and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING PROPOSALS SUBMITTED BY
PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. AND
SALGADO TREE TRIMMING, LLC FOR TREE TRIMMING, MANAGEMENT,
AND MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE NON-EXCLUSIVE CONTRACTS FOR SUCH
SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village issued a Request for Proposals for Tree Trimming, Management, and
Maintenance Services (“RFP”) and received five proposals in response to the RFP; and
WHEREAS, the Selection Committee reviewed and evaluated the proposals in accordance with the
criteria set forth in the RFP and based on such evaluation, Village Staff recommended accepting the
proposals submitted by Precision Landscape Company of Palm Beach County, Inc. and Salgado Tree
Trimming, LLC and executing non-exclusive contracts with both companies; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council accepts the proposals from Precision Landscape Company of
Palm Beach County, Inc. and Salgado Tree Trimming, LLC for tree trimming, management, and
maintenance services and authorizes the Mayor and Village Clerk to execute Contracts for such
services, copies of which are attached hereto and incorporated herein. The total amount for each
Contract shall not exceed $50,000.00 during any single fiscal year, with funds expended from
Account No. A8028-33491 (Recreation – Contractual Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 10
CONTRACT
This Contract is made as of the ______ day of _____________, 2024, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and PRECISION
LANDSCAPE CO. OF PALM BEACH COUNTY, INC., a Florida corporation, hereinafter
referred to as the VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the VENDOR shall provide to the VILLAGE all goods and services necessary to provide Tree
Trimming, Management, and Maintenance Services pursuant to the terms and conditions
of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Tree Trimming, Management, and Maintenance Services in
accordance with the Request for Proposals issued by the Village, and VENDOR’s Proposal
submitted in response to the Request for Proposals, which are incorporated herein by reference.
This Contract is non-exclusive.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective on the date set forth above and shall remain in effect
for a period of three (3) years, unless earlier terminated in accordance with Section 7. This Contract
shall automatically renew for three (3) additional one (1) year periods upon the same terms and
conditions contained herein unless either party provides the other party with ninety (90) days’
written notice of its intent not to renew prior to the expiration of the initial term or renewal term.
Any variation to the terms and conditions set forth herein shall be in writing and sign ed by both
parties.
B. The VENDOR shall not be entitled to an increase in the agreed to compensation resulting
from this Contract or payment or compensation of any kind from the VILLAGE for direct,
indirect, consequential, impact or other costs, expenses, or damages.
SECTION 3: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Zakariya
Sherman, Director of Leisure Services. The Village Manager or Village Representative shall
have the right at all reasonable times during the term of this Contract to inspect or otherwise
evaluate the work being performed thereunder and the premises in which it is being performed.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the VENDOR for providing Tree Trimming,
Management, and Maintenance Services and for which Purchase Orders are issued in
accordance with VENDOR’s Proposal, which is attached hereto and incorporated herein by
reference. The total amount of compensation shall not exceed $50,000 during any single fiscal
year (October 1 through September 30th).
Page 2 of 10
B. In order for both parties herein to close their books and records, VENDOR will clearly
state “final invoice” on the VENDOR’s final/last billing to the VILLAGE. This certifies that
all goods and services have been properly performed and all charges have been invoiced to
the VILLAGE. Since this account will thereupon be closed, any and other further charges if
not properly included in this final invoice are waived by the VENDOR. The VILLAGE will
not be liable for any invoice from the VENDOR submitted thirty (30) days after the provision of
all goods and services.
SECTION 5: INDEMNIFICATION.
A. The VENDOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and/or cause of
action which may arise from any negligent act or omission of the VENDOR, its agents, servants
or employees in the performance of services under this Contract.
B. The VENDOR further agrees to indemnify, save harmless and defend the VILLAGE,
its agents, servants and employees from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR its
agents, servants, or employees not included in the paragraph above and for which the VILLAGE,
its agents, servants or employees are alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or VENDOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the waiver provided in §768.28, Florida
Statutes.
SECTION 6: PERSONNEL.
A. The VENDOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the VENDOR or under
its supervision, and all personnel engaged in performing the services shall be fully qualified and,
if required, authorized or permitted under state and local law to perform such services.
C. All of the VENDOR’s personnel (and all sub-contractors OR sub-consultants) while
on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety,
and security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the VENDOR upon thirty (30) days prior written notice
to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform
in accordance with the terms of this Contract through no fault of the VENDOR. It may also be
terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written
notice to the VENDOR. The VILLAGE may also terminate this Contract with written notice of
cause to the VENDOR, who fails to cure such cause within ten (10) days of the receipt of the
VILLAGE’s notice. Unless the VENDOR is in breach of this Contract, the VENDOR shall be
Page 3 of 10
paid for services rendered to the VILLAGE’s satisfaction through the date of termination. After
receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the VENDOR
shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased
directly by the VILLAGE, the VENDOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the
VENDOR authorized to use the VILLAGE’s Tax Exemption Number in securing such
materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the VENDOR shall provide certificates evidencing
insurance coverage as required in the Request of Proposals. All insurance policies shall be issued
by companies authorized to do business under the laws of the State of Florida. The Certificates
shall clearly indicate that the VENDOR has obtained insurance of the type, amount, and
classification as required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the
VILLAGE’s representative. Failure to comply with the foregoing requirements shall not relieve
the VENDOR of its liability and obligations under this Contract.
B. The parties to this Contract shall carry Workers’ Compensation Insurance and
Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event
that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same,
then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an
exemption authorized by the Department of Insurance and shall provide a copy of such
exemption to the VILLAGE.
C. All insurance, other than Worker’s Compensation, to be maintained by the VENDOR
shall specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and the VENDOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the VENDOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
Page 4 of 10
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and the VENDOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof. The VILLAGE and the VENDOR knowingly, voluntarily, and
intentionally waive any right they may have to trial by jury with respect to any litigation
arising out of or in connection with this Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
The VENDOR is, and shall be, in the performance of all Services under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Services performed pursuant to this Contract shall at all times, and in all
places, be subject to the VENDOR’S sole direction, supervision, and control. The VENDOR
shall exercise control over the means and manner in which it and its employees perform the
Services.
SECTION 13: ACCESS AND AUDITS.
The VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred
in estimating and performing the Services for at least three (3) years after completion of this
Contract. The VILLAGE shall have access to such books, records and documents as required
in this section for the purpose of inspection or audit during normal business hours, at the
VENDOR’s place of business. In no circumstances will VENDOR be required to disclose any
confidential or proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
The VENDOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status or sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which such party or parties
may be entitled.
Page 5 of 10
SECTION 16: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract,
or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision
of this Contract shall be deemed valid and enforceable to the extent permitted by law.
SECTION 17: MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the VENDOR of the VILLAGE’s
notification of a contemplated change, the VENDOR shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the
contemplated change shall effect the VENDOR’s ability to meet the completion dates or
schedules of this Contract.
B. If the VILLAGE so instructs in writing, the VENDOR shall suspend work on that portion
of the work affected by the contemplated change, pending the VILLAGE’s decision to proceed
with the change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Change
to the Purchase Order and the VENDOR shall not commence work on any such change until
such revised Purchase Order is received.
SECTION 18: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals or replies on leases of real
property to a public entity; may not be awarded or perform work as a VENDOR, supplier, sub-
VENDOR or VENDOR under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statues, for CATEGORY TWO for a period of thirty-six (36) months following the date of
being placed on the convicted vendor list. The VENDOR will advise the VILLAGE immediately
if it becomes aware of any violation of this statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY.
A. The VENDOR shall continuously maintain adequate protection of all work from
damage, and shall protect the VILLAGE’s property from injury or loss arising in connection
with the Contract. Except for any such damage, injury or loss, except that which may be
directly due to errors caused by the VILLAGE or employees of the VILLAGE, the VENDOR
shall provide any necessary materials to maintain such protection.
Page 6 of 10
B. The VENDOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
SECTION 20: WARRANTY/GUARANTY.
VENDOR warrants that its goods and services under this Contract will be free of defects in
materials and workmanship for a period of one (1) year following the provision of said goods and
services.
SECTION 21: COMPLIANCE WITH LAWS.
VENDOR shall, in performing the services contemplated by this Contract, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to
the services to be rendered under this Contract.
SECTION 22: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
Precision Landscape Co. of Palm Beach County, Inc.
Attn: Rick Giordano, Project Manager and Arborist
9450 Old Dixie Highway
North Palm Beach, FL 33408
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR agree that this Contract sets forth the entire agreement between
the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto. In
the event of a conflict between this Contract and the VILLAGE’s Request for Proposals and the
VENDOR’s Proposal, this Contract shall take precedence with the VILLAGE’s Request for
Qualifications taking precedence over the VENDOR’s proposal. All such documents shall be
read in a manner so as to avoid a conflict.
SECTION 24: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
Page 7 of 10
SECTION 25: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
SECTION 26: SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 27: WAIVER OF SUBROGATION.
VENDOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without
an endorsement, then VENDOR shall agree to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which a condition to
the policy specifically prohibits such an endorsement, or voids coverage should VENDOR
enter into such an agreement on a pre-loss basis.
SECTION 28: INSPECTOR GENERAL.
VENDOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract and in
furtherance thereof, may demand and obtain records and testimony from VENDOR. VENDOR
understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of VENDOR to fully cooperate with the Inspector General when requested may be
deemed by the VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 29: INVOICING AND PAYMENT.
Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued
pursuant to this Request for Qualifications shall minimally meet the following conditions to be
considered as a valid payment request:
A. A timely submission of a properly certified invoice(s) in strict accordance with the
price(s) and delivery elements as stipulated in the Contract or Purchase Order document,
and submitted to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
ATTN: Accounts Payable
B. All invoices submitted shall consist of an “original” invoice which clearly references the
subject Contract or Purchase Order Number; provide a sufficient salient description to
Page 8 of 10
identify the good(s) and/or service(s) for which payment is requested; include and be
clearly marked as “partial,” “complete” or “final invoice.”
C. The invoice shall contain the Proposer’s Federal Employer Identification Number.
D. All payments made by the Village pursuant to the Contract Documents shall be in
accordance with Florida’s Prompt Payment Act (for non-construction).
SECTION 30: ADDITIONAL SERVICES.
If during the contractual period covered by the agreement, additional services are needed,
VENDOR may, at the option of the VILLAGE, be engaged to perform these services under the
terms of this Contract.
SECTION 31: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
VILLAGE’S CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, VENDOR shall comply with all relevant provisions
of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, VENDOR shall:
A. Keep and maintain public records required by the VILLAGE to perform the service.
B. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the VENDOR does not transfer the
records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of VENDOR or keep and maintain public records required by the VILLAGE to
perform the services. If VENDOR transfers all public records to the VILLAGE upon
completion of the Contract, VENDOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If VENDOR
keeps and maintains public records upon completion of the Contract, VENDOR shall meet
all applicable requirements for retaining public records. All records stored electronically must
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be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records,
in a format that is compatible with the information technology systems of the VILLAGE.
SECTION 32. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for VENDOR, to solicit or secure this Contract and that
VENDOR has not paid, or agreed to pay, any person, company, corporation, individual or
firm, other than a bona fide employee working solely for VENDOR, any fee, commission,
percentage, gift or other consideration contingent upon, or resulting from, aware or making of the
Contract. For the breach or violation of this provision, the VILLAGE shall have the right to
terminate this Contract and its sole discretion, without liability, and to deduct from the Contract
price, or otherwise recover, the full amount of such fee, commission, percentage, fit or
consideration.
SECTION 33. E-VERIFY.
Pursuant to Section 448.095(5), Florida Statutes, VENDOR shall:
A. Register with and use the E-Verify system to verify the work authorization status of all
newly hired employees pursuant to Section 448.095(2), Florida Statutes, and require all
subcontractors do the same;
B. Secure an affidavit from all subcontractors stating that the subcontractor does not employ,
contract with, or subcontract with an “unauthorized alien” as defined in Section
448.095(1)(f), Florida Statutes;
C. Maintain copies of all subcontractor affidavits for the duration of this Contract and provide
the same to the VILLAGE upon request;
D. Comply fully, and ensure all subcontractors comply fully, with Section 448.095, Florida
Statutes;
E. Be aware that a violation of Section 448.09(1), Florida Statutes (Unauthorized aliens;
employment prohibited), shall be grounds for termination of this Contract;
F. Be aware that a violation of Section 448.095(5) by a subcontractor, and not VENDOR,
shall be grounds for the VILLAGE to order VENDOR immediately terminate the contract
with the subcontractor; and
G. Be aware that if the VILLAGE terminates this Contract under Section 448.095(5)(c),
Florida Statues, VENDOR may not be awarded a contract for at least one year after the
date on which the Contract is terminated and will be liable for any additional costs incurred
by the VILLAGE as a result of the termination of the Contract.
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IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR:
PRECISION LANDSCAPE CO. OF PALM BEACH COUNTY, INC.
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY: _____________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
Page 1 of 10
CONTRACT
This Contract is made as of the ______ day of _____________, 2024, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and SALGADO
TREE TRIMMING, LLC, a Florida limited liability company, hereinafter referred to as the
VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the VENDOR shall provide to the VILLAGE all goods and services necessary to provide Tree
Trimming, Management, and Maintenance Services pursuant to the terms and conditions of
this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Tree Trimming, Management, and Maintenance Services in
accordance with the Request for Proposals issued by the Village, and VENDOR’s Proposal
submitted in response to the Request for Proposals, which are incorporated herein by reference.
This Contract is non-exclusive.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective on the date set forth above and shall remain in effect
for a period of three (3) years, unless earlier terminated in accordance with Section 7. This Contract
shall automatically renew for three (3) additional one (1) year periods upon the same terms and
conditions contained herein unless either party provides the other party with ninety (90) days’
written notice of its intent not to renew prior to the expiration of the initial term or renewal term.
Any variation to the terms and conditions set forth herein shall be in writing and sign ed by both
parties.
B. The VENDOR shall not be entitled to an increase in the agreed to compensation resulting
from this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect,
consequential, impact or other costs, expenses, or damages.
SECTION 3: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Zakariya
Sherman, Director of Leisure Services. The Village Manager or Village Representative shall have
the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate
the work being performed thereunder and the premises in which it is being performed.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the VENDOR for providing Tree Trimming,
Management, and Maintenance Services and for which Purchase Orders are issued in
accordance with VENDOR’s Proposal, which is attached hereto and incorporated herein by
reference. The total amount of compensation shall not exceed $50,000 during any single fiscal
year (October 1 through September 30th).
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B. In order for both parties herein to close their books and records, VENDOR will clearly
state “final invoice” on the VENDOR’s final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by the VENDOR. The VILLAGE will not be
liable for any invoice from the VENDOR submitted thirty (30) days after the provision of all goods
and services.
SECTION 5: INDEMNIFICATION.
A. The VENDOR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, and/or cause of
action which may arise from any negligent act or omission of the VENDOR, its agents, servants
or employees in the performance of services under this Contract.
B. The VENDOR further agrees to indemnify, save harmless and defend the VILLAGE, its
agents, servants and employees from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR its agents,
servants, or employees not included in the paragraph above and for which the VILLAGE, its
agents, servants or employees are alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or VENDOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the waiver provided in §768.28, Florida
Statutes.
SECTION 6: PERSONNEL.
A. The VENDOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by the VENDOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
C. All of the VENDOR’s personnel (and all sub-contractors OR sub-consultants) while on
VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and
security.
SECTION 7: TERMINATION.
This Contract may be cancelled by the VENDOR upon thirty (30) days prior written notice to the
VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of the VENDOR. It may also be
terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice
to the VENDOR. The VILLAGE may also terminate this Contract with written notice of cause to
the VENDOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE’s
notice. Unless the VENDOR is in breach of this Contract, the VENDOR shall be paid for services
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rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, the VENDOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased
directly by the VILLAGE, the VENDOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the VENDOR
authorized to use the VILLAGE’s Tax Exemption Number in securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the VENDOR shall provide certificates evidencing
insurance coverage as required in the Request of Proposals. All insurance policies shall be issued
by companies authorized to do business under the laws of the State of Florida. The Certif icates
shall clearly indicate that the VENDOR has obtained insurance of the type, amount, and
classification as required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the
VILLAGE’s representative. Failure to comply with the foregoing requirements shall not relieve
the VENDOR of its liability and obligations under this Contract.
B. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does
not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall
in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized
by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
C. All insurance, other than Worker’s Compensation, to be maintained by the VENDOR
shall specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and the VENDOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the VENDOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of the VILLAGE
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the VILLAGE and the VENDOR.
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SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. The VILLAGE and the VENDOR knowingly, voluntarily, and intentionally waive any
right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
The VENDOR is, and shall be, in the performance of all Services under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Services performed pursuant to this Contract shall at all times, and in all
places, be subject to the VENDOR’S sole direction, supervision, and control. The VENDOR shall
exercise control over the means and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
The VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred
in estimating and performing the Services for at least three (3) years after completion of this
Contract. The VILLAGE shall have access to such books, records and documents as required in
this section for the purpose of inspection or audit during normal business hours, at the VENDOR’s
place of business. In no circumstances will VENDOR be required to disclose any confidential or
proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
The VENDOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status or sexual orientation.
SECTION 15: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
SECTION 16: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
Page 5 of 10
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
SECTION 17: MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the VENDOR of the VILLAGE’s
notification of a contemplated change, the VENDOR shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the
contemplated change shall effect the VENDOR’s ability to meet the completion dates or schedules
of this Contract.
B. If the VILLAGE so instructs in writing, the VENDOR shall suspend work on that portion
of the work affected by the contemplated change, pending the VILLAGE’s decision to proceed
with the change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Change to the
Purchase Order and the VENDOR shall not commence work on any such change until such revised
Purchase Order is received.
SECTION 18: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,
or reply on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals or replies on leases of real property to a public entity;
may not be awarded or perform work as a VENDOR, supplier, sub- VENDOR or VENDOR under
a contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a
period of thirty-six (36) months following the date of being placed on the convicted vendor list.
The VENDOR will advise the VILLAGE immediately if it becomes aware of any violation of this
statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY.
A. The VENDOR shall continuously maintain adequate protection of all work from damage,
and shall protect the VILLAGE’s property from injury or loss arising in connection with the
Contract. Except for any such damage, injury or loss, except that which may be directly due to
errors caused by the VILLAGE or employees of the VILLAGE, the VENDOR shall provide any
necessary materials to maintain such protection.
B. The VENDOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
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SECTION 20: WARRANTY/GUARANTY.
VENDOR warrants that its goods and services under this Contract will be free of defects in
materials and workmanship for a period of one (1) year following the provision of said goods and
services.
SECTION 21: COMPLIANCE WITH LAWS.
VENDOR shall, in performing the services contemplated by this Contract, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to the
services to be rendered under this Contract.
SECTION 22: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
Salgado Tree Trimming, LLC
Attn: Rodney Christopher, Manager
924 Saint James Street
West Palm Beach, FL 33415
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR agree that this Contract sets forth the entire agreement between
the parties, and that there are no promises or understandings other than those stated herein. None
of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto. In
the event of a conflict between this Contract and the VILLAGE’s Request for Proposals and the
VENDOR’s Proposal, this Contract shall take precedence with the VILLAGE’s Request for
Qualifications taking precedence over the VENDOR’s proposal. All such documents shall be read
in a manner so as to avoid a conflict.
SECTION 24: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
SECTION 25: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
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SECTION 26: SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 27: WAIVER OF SUBROGATION.
VENDOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then VENDOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the
policy specifically prohibits such an endorsement, or voids coverage should VENDOR enter into
such an agreement on a pre-loss basis.
SECTION 28: INSPECTOR GENERAL.
VENDOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract and in
furtherance thereof, may demand and obtain records and testimony from VENDOR. VENDOR
understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of VENDOR to fully cooperate with the Inspector General when requested may be
deemed by the VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 29: INVOICING AND PAYMENT.
Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued
pursuant to this Request for Qualifications shall minimally meet the following conditions to be
considered as a valid payment request:
A. A timely submission of a properly certified invoice(s) in strict accordance with the
price(s) and delivery elements as stipulated in the Contract or Purchase Order document,
and submitted to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
ATTN: Accounts Payable
B. All invoices submitted shall consist of an “original” invoice which clearly references the
subject Contract or Purchase Order Number; provide a sufficient salient description to
identify the good(s) and/or service(s) for which payment is requested; include and be
clearly marked as “partial,” “complete” or “final invoice.”
C. The invoice shall contain the Proposer’s Federal Employer Identification Number.
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D. All payments made by the Village pursuant to the Contract Documents shall be in
accordance with Florida’s Prompt Payment Act (for non-construction).
SECTION 30: ADDITIONAL SERVICES.
If during the contractual period covered by the agreement, additional services are needed,
VENDOR may, at the option of the VILLAGE, be engaged to perform these services under the
terms of this Contract.
SECTION 31: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
VILLAGE’S CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, VENDOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
VENDOR shall:
A. Keep and maintain public records required by the VILLAGE to perform the service.
B. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the VENDOR does not
transfer the records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of VENDOR or keep and maintain public records required by the VILLAGE
to perform the services. If VENDOR transfers all public records to the VILLAGE upon
completion of the Contract, VENDOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If
VENDOR keeps and maintains public records upon completion of the Contract, VENDOR
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the VILLAGE, upon request from the VILLAGE’s
custodian of public records, in a format that is compatible with the information technology
systems of the VILLAGE.
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SECTION 32. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for VENDOR, to solicit or secure this Contract and that VENDOR
has not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a
bona fide employee working solely for VENDOR, any fee, commission, percentage, gift or other
consideration contingent upon, or resulting from, aware or making of the Contract. For the breach
or violation of this provision, the VILLAGE shall have the right to terminate this Contract and its
sole discretion, without liability, and to deduct from the Contract p rice, or otherwise recover, the
full amount of such fee, commission, percentage, fit or consideration.
SECTION 33. E-VERIFY.
Pursuant to Section 448.095(5), Florida Statutes, VENDOR shall:
A. Register with and use the E-Verify system to verify the work authorization status of all
newly hired employees pursuant to Section 448.095(2), Florida Statutes, and require all
subcontractors do the same;
B. Secure an affidavit from all subcontractors stating that the subcontractor does not employ,
contract with, or subcontract with an “unauthorized alien” as defined in Section
448.095(1)(f), Florida Statutes;
C. Maintain copies of all subcontractor affidavits for the duration of this Contract and provide
the same to the VILLAGE upon request;
D. Comply fully, and ensure all subcontractors comply fully, with Section 448.095, Florida
Statutes;
E. Be aware that a violation of Section 448.09(1), Florida Statutes (Unauthorized aliens;
employment prohibited), shall be grounds for termination of this Contract;
F. Be aware that a violation of Section 448.095(5) by a subcontractor, and not VENDOR,
shall be grounds for the VILLAGE to order VENDOR immediately terminate the contract
with the subcontractor; and
G. Be aware that if the VILLAGE terminates this Contract under Section 448.095(5)(c),
Florida Statues, VENDOR may not be awarded a contract for at least one year after the
date on which the Contract is terminated and will be liable for any additional costs incurred
by the VILLAGE as a result of the termination of the Contract.
[Remainder of page intentionally blank]
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IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR:
SALGADO TREE TRIMMING, LLC
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY: _____________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
SALGADO TREE TRIMMING LLC
VILLAGE OF NORTH PALM BEACH
REQUEST FOR PROPOSAL
TREE TRIMMING, MANAGEMENT, AND
MAINTENANCE SERVICES
501 U.S. HIGHWAY ONE
MARCH 07, 2024
SALGADO-
Has provided Florida with expert services since 1987. Our company works as a unit to
ensure our customers and future customers an easy going and stress-free environment. Regarding
Tree care, forestry mulching, and land clearing, our company has a range of machines and bucket
trucks across the state of Florida working on powerline, state, and highway contracts. Our
current government projects, include the Florida Department of Agriculture and Consumer
Services (FDACS), is a 6-year contract in the Florida panhandle mulching and land clearing 100-
300 acres per year for prevention of wildfire.
Other contracts include: (2021) City of Boynton beach- federal highway from gateway-
gulfstream median ROW crown reduction of all hardwoods and palm trimming; (2021 & 2022)
contracts with The City of Cape Coral-removal of Australian pines trees near canals, near power
lines, and over homes; (2023) Canal clearing and Australian pine tree removal for South Indian
River Water District.
In commercial trimming our company tackles on many projects with certain
obstacles related to in person traffic at Campuses and or car related traffic at services plazas.
Some of our current trimming service contracts include Florida Nature and Cultural Center- a
250-acre campuses trimming over 1500 palms and hardwoods; Wellington Mall in Wellington
Florida- trimming over 1200 per year, trimming of hardwoods, and grapple service; Our
company also services a range of luxury apartments and HOA’s in south Florida.
As per the RFP, we have read and understood the requirements regarding the jobsite
details. We currently have two certified arborists working for Salgado. Phillip and Todd. Our
workers have a minimum of 10 years of experience in tree removals and trimming and undergo
in house training and equipment inspections on a weekly basis.
In this document we have included some basic safety measure our company follows.
We are thankful for the opportunity and we look forward in working with the Village of North
Palm Beach. Thank you.
Best Regards. Rodney Christopher – Manager
rchristopher@salgadotree.com
561-808-5898
SAFETY-
Salgado Tree Trimming LLC strive to ensure quality work while simultaneously
following all safety measures in order to deliver the best for each and every client. We specialize
in Tree Trimming, Pruning, Large pine/ tree removals, planting, forestry mulching and or any
land management needs. Our team is highly trained, specializing in arbor care, removals,
climbing, and powerline trimming.
Salgado believes in a safe and healthy work environment. Daily verbal orientation is
given to all team members assigned to a job before they begin, that consist of following proper
ANSI and OSHA regulations. Our team is briefed on safety methods in proper tree pruning and
removal on a monthly basis. We also conduct frequent equipment inspections and in field work
inspections, giving the client a smooth experience.
WHAT TYPE OF TRAINING DO OUR WORKERS RECEIVE?
Safety is an Attitude!
• Safety must always be the first concern when working in and around trees, as it presents a
significant risk for personal injury if safety measures are not followed.
• Salgado’s employees shall follow all regulations during tree trimming, removal, or clearing.
Wearing head protection that comply with federal impact and penetration requirements. Wearing
eye protection is a must for tree trimmers at Salgado, this protects workers from being poked in
the eye or sawdust and wood chips from chain saws.
• Salgado provides all employees with eye protection, head protection, working gloves, tree
climbing harnesses, saddles, and climbing ropes.
• Tree Trimmers go through a series of training that include
- Learning the basics of the chain saw, such as sharpening and taking apart of the saw,
appropriate cutting of tree limbs, and specific tree cutting positions to avoid injury.
- Climbing with spikes for removals
- The use of ropes for the falling of limps
- The use of ropes and harnesses for when working in the tree
- The operating of aerial and bucket trucks
Grounds workers are also set with the task to inspect aerial bucket trucks, equipment, and
surroundings. Workers shall set up cones and signs to alert pedestrians and on-going
traffic of workers that are present. Ground workers are also trained to keep the work
environment safe for anyone present: by protecting property surroundings, enforcing
safety measure to avoid personal injury, helping and alerting the trimmer of any danger
or hazardous conditions whether it be in the tree, aerial and bucket truck, or on the
ground.
Salgado aerial, bucket trucks, and equipment go through a series of personal and Altec
inspections.
Personal inspections of boom and aerial lift are done before and after every job, ensuring
the safety for the workers and jobsite property.
Altec provides the company’s bucket trucks with an annual inspection to ensure a safe
working environment to avoid injury or death.
Climbing equipment such as harnesses and ropes are inspected before and after every use.
Any equipment for climbing and tree work such as ropes that are not up to standard are
immediately discarded.
COMMUNICATION
• Good communication among workers is a must for working safely.
• Each worker is tasked with knowing the whereabouts of each worker and having
awareness of what other team members are doing.
• Each job is started with a job briefing, which coordinates the activities of every worker.
The briefing is for the tasked assignments to each worker and to make aware of the
potential hazards in the jobsite and how to prevent them.
• There shall always be a clear and efficient communication between trimmers and
ground workers so that each team member knows when it’s safe for a ground worker to
enter the work zone including the landing zone or drop zone.
Salgado Tree Trimming LLC ensures a safe work environment to all clients during and
after the job has been completed. Our team is trained both in and out of the workplace. Giving
the client pure confidence and pleasure when choosing Salgado Tree Trimming LLC for the job.
SOUTH FLORIDA
EQUIPMENT LIST-
- 65’ GMC ALTEC BUCKET TRUCK
- 75’ FREIGHTLINER ALTEC BUCKET TRUCK
- BOBCAT SKIDSTEER
- 2023 FECON 135 VRT FORESTRY MULCHER
- 2022 RAM 3500
- 2024 RAM 3500
- BIX TEX DUMP TRAILER
- VERMEER STUMP GRINDER
- 2000 FORD F350 7.3 DIESEL
- MACK GRAPPLE TRUCK 65 CUBIC YARD
- 2023 45’ FLATBED GOOSENECK TRAILER
All equipment is inspected daily before and after every use.
All equipment is greased on a daily basis
All bucket trucks are run and operated before any job to avoid any
fixture or repairs on the jobsite
REFERENCES
1. 2023 Florida Department of Agriculture- Florida Forest Services (CLEARING)
- Email: Joseph.carroll@fdacs.gov
- Name: Jody Carroll Forest area Supervisor Wakulla County
- Phone: (850)519-0369
- Description: 164 acres of clearing, mulching, tree removal- Ongoing clearing and
mulching for region 1 (panhandle) for prevention of wildfire.
2. 2023 Wellington Mall (TRIMMING)
- Name: Charles Sigman Manager
- Email: csigman@spinosoreg.com
- Phone: (561) 537-0825
- Description: Palm trimming, hardwood trimming, and grapple service
3. South Indian River Water Control (TREE REMOVAL)
- Name: Michael Dillon – Manager of operations
- Email: dillon@sirwcd.org
- Phone: (561)747- 0550 office number
- Description: Tree removal 75ft Palms, Tree trimming, Palm trimming, and Grapple
Services- Hauling of Debris
4. Florida Nature and Cultural Center (TRIMMING)
- Name: Bernard – property manager
- Email: Bkuehu@sgi-usa.org
- Phone: (954)448-8838
- Description: Palm trimming, hardwood trimming, and grapple service
5. 2021-2022 Cape Coral Phase 2 Australian Pine Tree Removal- Clearing Lots
- Name: Tristan Reiber- Accounts Coordinator
- Email: treiber@capecoral.gov
- Phone: (239)574-0749
- Description: Tree removal and Land clearing- Lot clearing for various city Lots near
power lines and Canal Banks. Removal and dispose Debris offsite- Grapple Services
6. 2020- present Azola Apartments (TRIMMING & REMOVAL)
- Name: Tracie- Property Manager
- Email: tracij@1stclassre.com
- Phone: (321) 615-0366
- Description: Palm tree removals &. Palm trimming
PRICING-
ITEM N O.DESCRIP TION HOURLY RATE
1 TREE TRIMMIN G: RATE PER CREW HOUR 105.00$
2 TREE PRUNIN G: RATE PER CREW HOUR 105.00$
3 TREE REMOVAL: RATE P ER CREW HOUR 155.00$
4 S TUMP GRIN DIN G: ALL TYPES 75.00$
5 HAZ ARDOUS TREE REMOVAL: RATE P ER CREW HOUR 165.00$
6 EMERGEN CY: RATE P ER CREW HOUR 250.00$
ITEM N O.S TUMP AND ROOT REMOVAL AND HOURLY RATE HOURLY RATE
1 S MALL 75.00$
2 MEDIUM 75.00$
3 LARGE 75.00$
ITEM N O.DESCRIP TION HOURLY/UN ITS
1 ARBORIS T (HOURLY)175.00$
2 S UP ERVISOR (HOURLY)55.00$
3 WHITEFLY TREATMENT- P ER LIN EAR FOOT 25.00$
4 MULCH REMOVAL/DIS P OS AL- PER CUBIC YA ED 25.00$
5 MULCH REP LACEMENT/REPLENISHMEN T (PER BAG)7.00$
6 MULCH REP LACEMENT/REPLENISHMEN T (PER CY)75.00$
7 MULCH REP LACEMENT/REPLENISHMEN T (ENVIRO) (P ER BAG)7.00$
8 MULCH REP LACEMENT/REPLENISHMEN T (ENVIRO) (P ER CY)75.00$
9 S OD REMOVAL AND DISP OS AL (PER SQFT)0.65$
10 S OD REP LACEMENT SAIN T AUGUS TINE (P ER SQFT)0.85$
11 S OD REP LACEMENT BAHIA (P ER SQFT)0.55$
12 TREE INVEN TORY (HOURLY)n/a
ITEM N O.DESCRIP TION HOURLY RATE
1 CHIP P ER 21.00$
2 CHAINSAW 3.00$
3 DUMP TRUCK 55.00$
5 MOT 125.00$
7 AERIAL LIFT W ITH OP ERATOR 75.00$
10 FRON T EN D LOADER W ITH OP ERATOR 125.00$
11 S KID STEER WITH OP ERATOR 90.00$
12 CRAN E W ITH OP ERATOR 387.00$
*PLANTS-TREES-SHRUBS- PRICE CANNOT BE GIVEN VARIES ON SPECIMEN
*GALLON OF PLANTS AND SHRUBS- RANGE
UN IT NO.Descrip tion UN IT OF MEAS URE UN IT COS T
1 S HRUBS 1 GALLON VARIES ON SP ECIMEN
2 S HRUBS 3 GALLON VARIES ON SP ECIMEN
3 S HRUBS 7 GALLON VARIES ON SP ECIMEN
4 S HRUBS 15 GALLON VARIES ON SP ECIMEN
5 S HRUBS 45 GALLON VARIES ON SP ECIMEN
6 S HRUBS 65 GALLON VARIES ON SP ECIMEN
7 S HRUBS 100 GALLON VARIES ON SP ECIMEN
1 P LANTS 1 GALLON VARIES ON SP ECIMEN
2 P LANTS 3 GALLON VARIES ON SP ECIMEN
3 P LANTS 7 GALLON VARIES ON SP ECIMEN
4 P LANTS 15 GALLON VARIES ON SP ECIMEN
5 P LANTS 45 GALLON VARIES ON SP ECIMEN
6 P LANTS 65 GALLON VARIES ON SP ECIMEN
7 P LANTS 100 GALLON VARIES ON SP ECIMEN
1 TREES 1 GALLON VARIES ON SP ECIMEN
2 TREES 3 GALLON VARIES ON SP ECIMEN
3 TREES 7 GALLON VARIES ON SP ECIMEN
4 TREES 15 GALLON VARIES ON SP ECIMEN
5 TREES 45 GALLON VARIES ON SP ECIMEN
6 TREES 65 GALLON VARIES ON SP ECIMEN
7 TREES 100 GALLON VARIES ON SP ECIMEN
LABOR RATES HOURLY RATE
GENERA L FOREMAN /S UP ERVIS OR 55.00$
FOREMAN/TRIMMER 45.00$
GROUN DMAN 35.00$
EQUIPMEN T RATES
PICKUP TRUCK 25.00$
65' BUCKET TRUCK 25.00$
75' BUCKET TRUCK 35.00$
CHIP PER 21.00$
CHAINS AW 3.00$
POLE S AW 5.00$
PRICE BREAKDOWN - 2-MAN 65' BUCKET 105.00$
PRICE BREAKDOWN - 2-MAN 75' BUCKET 115.00$
LABOR RATES HOURLY RATE
GENERA L FOREMAN /S UP ERVIS OR 55.00$
FOREMAN/TRIMMER 65.00$
GROUN DMAN 45.00$
EQUIPMEN T RATES
PICKUP TRUCK 25.00$
65' BUCKET TRUCK 45.00$
75' BUCKET TRUCK 55.00$
CHIP PER 21.00$
CHAINS AW 3.00$
POLE S AW 5.00$
PRICE BREAKDOWN - 2-MAN 65' BUCKET 155.00$
PRICE BREAKDOWN - 2-MAN 75' BUCKET 165.00$
TREE REMO VAL
P RICE BREAKDOW N- 2-MAN 1- BUCKET
TRIMMING AND PRUNING
P RICE BREAKDOW N- 2-MAN 1- BUCKET
The International Society of Arboriculture
Hereby Announces That
Has Earned the Credential
ISA Certified Arborist ®
By successfully meeting ISA Certified Arborist certification requirements
through demonstrated attainment of relevant competencies as supported by
the ISA Credentialing Council
11 June 2006
Issue Date Expiration Date Certification Number
30 June 2024
Caitlyn Pollihan
CEO & Executive Director
Todd B. R eich
#0847
ISA Certified Arborist
FL-5423A
Firm Qualifications
1. Exceptional Qualifications (28-35 points)
Comprehensive description of the firm, emphasizing extensive experience and expertise
in tree trimming, management, and maintenance.
Clearly identified contact person and supervisory personnel with detailed, relevant
resumes or qualifications.
Demonstrates over three years of regular involvement in tree trimming work in Palm
Beach County with six relevant projects/contracts and three current business references.
Staff includes a certified Arborist from the ISA who supervises crews at all times.
Clearly identifies key personnel and major areas of subcontract work.
Provides a well-articulated narrative addressing the Scope of Work and showing a deep
understanding of Village of North Palm Beach needs and requirements.
Detailed approach to completing tasks with a realistic implementation schedule, clear
project milestones, and an ability to begin work with minimum notice.
Includes innovative procedural or technical enhancements to the Scope of Services.
2. Good Qualifications (20-27 points)
Adequate firm description with relevant experience in tree trimming and management.
Contact and supervisory personnel identified with good resumes or qualifications.
At least three years of experience in the local area with a sufficient number of
projects/contracts and business references.
Includes a certified Arborist from the ISA.
Identifies key personnel and subcontract work adequately.
Narrative shows understanding of the Scope of Work and Village needs.
Reasonable approach to task completion with a clear schedule and milestones.
Some innovative ideas proposed for the Scope of Services.
3. Adequate Qualifications (10-19 points)
Basic firm description with some relevant experience.
Contact and supervisory personnel listed with acceptable resumes or qualifications.
Meets the minimum experience requirement in Palm Beach County.
Includes a certified Arborist from the ISA.
Key personnel and subcontract work are identified but lack detail.
Narrative addresses the Scope of Work and Village needs but lacks depth.
General approach to tasks with an implementation schedule and some milestones.
Limited innovation in proposed enhancements to the Scope of Services.
4. Below Expectations (1-9 points)
Limited firm description with minimal relevance to tree trimming and management.
Inadequate details on contact and supervisory personnel.
Barely meets the minimum experience requirement with few references.
Arborist certification requirement is met, but supervision details are vague.
Key personnel and subcontract work are poorly identified.
Narrative and understanding of the Scope of Work are superficial.
Vague approach to tasks with an unclear schedule and few milestones.
Little to no innovation in enhancements to the Scope of Services.
5. Unsatisfactory (0 points)
Fails to provide a coherent firm description relevant to tree trimming and management.
Lacks clear identification of contact and supervisory personnel.
Does not meet the experience requirement or fails to provide necessary references.
Does not include a certified Arborist from the ISA or fails to ensure proper supervision.
Key personnel and subcontract work are not identified.
Narrative does not adequately address the Scope of Work or Village needs.
No clear approach to task completion or schedule.
No innovations or enhancements proposed to the Scope of Services.
Equipment
1. Exceptional Equipment (12-15 points)
Provides a comprehensive list of all tools, equipment, and labor necessary for the work,
exceeding basic requirements.
The equipment roster includes detailed information on the manufacturer, model, capacity,
and age, showing a range of high-quality, well-maintained, and suitable equipment.
The fleet list is extensive and demonstrates a strong capability to handle the project's
demands effectively.
2. Good Equipment (8-11 points)
Offers a complete list of tools, equipment, and labor needed for the work.
Equipment roster contains adequate details (manufacturer, model, capacity, and age) and
includes equipment that is generally suitable for the required work.
Provides a list of fleets that adequately covers the project's needs.
3. Adequate Equipment (4-7 points)
Lists all necessary tools and equipment, but the details or range may be minimal.
Equipment roster includes basic information but may lack comprehensive details or show
signs of aging or limited capacity.
Fleet list is provided but may not fully assure the capability to manage all aspects of the
project efficiently.
4. Below Expectations (1-3 points)
Provides a list of tools and equipment, but it lacks significant details or appears
inadequate for the scope of work.
Equipment roster is incomplete, with insufficient details on the manufacturer, model,
capacity, or age, raising concerns about suitability.
Fleet list is limited, raising doubts about the ability to handle the project effectively.
5. Unsatisfactory (0 points)
Fails to provide a list of the necessary tools, equipment, and labor.
Equipment roster is either missing or lacks critical information, making it impossible to
assess suitability.
No fleet list provided, or the list is so inadequate that it questions the contractor's
capability to undertake the project.
Price Proposal
1. Most Competitive Pricing (30 points)
Proposals with the lowest price receive the full 30 points.
These prices are significantly more cost-effective compared to others while appearing
realistic and sustainable.
2. Highly Competitive Pricing (22-29 points)
Prices slightly higher than the most competitive proposals but still among the lower price
ranges.
Offers good value for money and considered highly competitive.
3. Competitive Pricing (15-21 points)
Prices are moderate, neither the lowest nor the highest.
Represents a fair market rate and reasonable value.
4. Less Competitive Pricing (5-14 points)
Prices are higher than the majority of proposals.
May be justified by additional services, higher quality, or other unique value
propositions.
5. Non-Competitive Pricing (0-4 points)
Proposals with the highest prices.
Significantly higher than most other proposals without clear justification of the added
cost.
References
1. Exceptional References (8-10 points)
Provides a list of at least three highly relevant entities, preferably governmental, located
in Florida, with detailed information.
Each reference includes a contact person's name, address, telephone number, a
comprehensive description of services provided, and cost details.
The references clearly demonstrate a strong track record in similar tree trimming,
management, and maintenance services within the last two years.
2. Good References (5-7 points)
Offers a list of three entities, meeting the preference for governmental and Florida-based
entities, with complete information.
Each reference comes with contact details, and a good description of the services
provided and cost.
The references reflect a solid history of similar service provision within the last two
years.
3. Adequate References (3-4 points)
Provides at least three references, though they may not fully align with the preference for
governmental entities in Florida.
Includes most of the required details (contact information, service description, cost) but
may lack some depth.
Demonstrates adequate experience in similar services, but the relevance or quality of
references is somewhat limited.
4. Below Expectations (1-2 points)
Lists fewer than three references or the references provided are only marginally relevant.
Missing significant details like contact information, comprehensive service descriptions,
or cost.
The provided references offer limited evidence of the proposer's experience and
capability in similar work.
5. Unsatisfactory (0 points)
Fails to provide any references, or the references provided are completely irrelevant or
lack critical information.
Does not demonstrate any relevant experience in tree trimming, management, and
maintenance services within the required timeframe.
Local Preference
Meets Local Preference (10 points)
The bidder has a fixed office or distribution point with a physical street address located within
Palm Beach County. This is verified and earns the full 10 points.
Does Not Meet Local Preference (0 points)
The bidder does not have a fixed office or distribution point with a physical street address within
Palm Beach County. This results in 0 points being awarded.
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jessica Green, Village Clerk
DATE: April 11, 2024
SUBJECT: RESOLUTION – Village Boards and Committees Re-Appointments
In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may
appoint citizens as members of its Boards to serve at the pleasure of the Council. Section 2-1(h)(2)
provides that “Members whose terms have expired shall continue to serve until their successors
are appointed.”
There are twenty-one (21) board and committee members whose terms are expiring on April 30, 2024.
These board and committee members were notified by the Village Clerk’s office and asked to
complete and submit an updated Advisory Board Application if they wanted to be considered for
re-appointment. The notification advised that if an updated application was not submitted by
the deadline provided, re-appointment to the board would not be considered.
The results of the notification were as follows:
13 members requested re-appointment and submitted completed applications which are
attached for your review.
3 members declined re-appointment
2 members were no longer eligible for re-appointment due to being elected as
Councilmembers.
3 memberships were recently vacated due to resignation or removal from the board for
absenteeism.
The following incumbent members that are requesting Council consideration for
reappointment are as follows:
Audit Committee
Marie Silvani
Business Advisory Board
Nina Balgar
Environmental Committee
Karen Marcus
Kendra Zellner
Golf Advisory Board
Sandra Felis
Richard Pizzolato
Library Advisory Board
Carolyn Kost
Tina Chippas
Planning, Zoning & Adjustment
Board
Thomas Hogarth
Recreation Board
Stephen Heiman
Rita Budynk
Waterways Board
Mark Michels
George Alger
Recommendation:
Village Administration recommends Council consideration of the applications for re-
appointment, and adoption of the proposed Resolution.
Page 1 of 2
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REAPPOINTING MEMBERS TO THE
AUDIT COMMITTEE, BUSINESS ADVISORY BOARD, ENVIRONMENTAL
COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD,
PLANNING, ZONING AND ADJUSTMENT BOARD, RECREATION
ADVISORY BOARD AND WATERWAYS BOARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village
Council may appoint residents of the Village as members of Village advisory boards to serve at the
pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to reappoint Village residents to serve on the Village
Audit Committee, Business Advisory Board, Environmental Committee, Golf Advisory Board,
Library Advisory Board, Planning, Zoning and Adjustment Board, Recreation Advisory Board and
Waterways Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby reappointed to various Village Boards and
Committees for the terms commencing May 1, 2024 and expiring as indicated below:
AUDIT COMMITTEE
Marie Silvani April 30, 2027
BUSINESS ADVISORY BOARD
Nina Balgar April 30, 2027
ENVIRONMENTAL COMMITTEE
Karen Marcus April 30, 2026
Kendra Zellner April 30, 2026
GOLF ADVISORY BOARD
Sandra Felis, Women’s Golf Association Representative April 30, 2026
Richard Pizzolato April 30, 2026
Page 2 of 2
LIBRARY ADVISORY BOARD
Carolyn Kost April 30, 2026
Tina Chippas April 30, 2026
PLANNING, ZONING AND ADJUSTMENT BOARD
Thomas Hogarth April 30, 2026
RECREATION ADVISORY BOARD
Stephen Heiman April 30, 2026
Rita Budnyk April 30, 2026
WATERWAYS BOARD
Mark Michels April 30, 2027
George Alger April 30, 2027
Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to
the members reappointed above.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 11TH DAY OF APRIL, 2024
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: April 11, 2024
SUBJECT: MOTION – PBC League of Cities Voting Delegate and Alternates
The Village received a request from the Palm Beach County League of Cities, Inc. to
officially designate a voting delegate and alternate(s) to vote on behalf of the Village at
any League membership meeting or function. This designation would apply specifically
to weighted voting items for the General Membership. Weighted voting is provided for in
Article Four of the League’s By-Laws (attached) and is determined according to
population. As currently drafted, the By-Laws provide the Village with two weighted votes.
Unless a weighted vote is requested and approved, the business of the League is
conducted by a simple majority of the quorum, with each Municipal Member having one
vote. The governing body of the Municipal Member may annually designate a voting delegate
and alternates. The Village’s voting delegate and alternates were last designated in 2023.
Through the adoption of Resolution 2016 -07, the Council provided that subsequent
appointments of a voting delegate and alternates may be accomplished by motion, rather
than by resolution.
Recommendation:
Village Administration recommends Council appoint a voting delegate to the Palm
Beach County League of Cities, Inc., and appoint all councilmembers not serving as
the voting delegate to serve as alternate voting delegates.
BY-LAWS OF
PALM BEACH COUNTY LEAGUE OF CITIES, INC.
AS AMENDED ON AUGUST 2(), 2015 JANUARY 25, 2017
ARTICLE ONE
ASSOCIATE AND EX OFFICIO MEMBERS
Section 1. Associate Membership Established. Pursuant to Article Four of the Articles of
Incorporation, there is hereby established an Associate Membership in the League to be composed of
individuals, organizations, and business entities which support or serve the municipalities of Palm Beach
County. Such applicants for Associate Membership in the League must: (A.) be sponsored by a
Municipal Member in good standing; (B.) submit a membership application; and (C.) tender payment of
annual dues as may be set by the Board of Directors from time to time. The Board reserves the right to
reject or approve each application and may revoke such membership by simple majority if, by the Board's
sole determination, an Associate Member no longer supports or contributes to the purposes of the League.
Associate members may vote on committees to which they are appointed, but shall have no voting
privileges at the Board of Directors or General Membership meetings.
Section 2. Ex Officio Membership Established. Pursuant to Article Four of the Articles of
Incorporation, there is hereby established an Ex Officio Membership to be composed of all Past
Presidents of the League and governmental agencies not eligible for Municipal Membership. Such
agencies may become Ex Officio Members upon the nomination of the agency by a Municipal Member
and approval by the Board of Directors. Additionally, the Board of Directors may appoint honorary Ex
Officio members to the League from time to time as desired. The Board reserves the right to reject or
approve each nomination and may revoke such membership by simple majority, if by the Board's-sole
determination, an Ex Officio Member no longer supports or contributes to the purposes of the League.
The immediate Past President of the League, if still an elected official, shall automatically be a voting Ex
Officio member of the League as well as of the Board of Directors and shall be counted for the purposes
of a quorum. All other Ex Officio merilbers may vote on committees to which they are appointed, but
shall have no voting privileges at the Board of Directors or" General Membership meetings.
ARTICLE TWO
MEETINGS AND QUORUMS
Section 1. Regular Meeting. The Regular meeting of the Municipal Membership shall be held on
the 4th Wednesday of each month or at a time and place to be determined by the Board. Municipal
Members are encouraged to support the League by hosting regular monthly meetings. Business to come
before the membership shall be submitted to the Executive Director no later than ten (10) working days
prior to each meeting. The Executive Director shall add items of business to the agenda. which shall be
approved by the President prior to the agenda being fmalized. In addition, items of business maybe
added, modified or deleted from the agenda by proper motion from the floor at each meeting.
Section 2. Annual Meeting. The Annual Meeting for the election of Officers and Directors of the
League shall be the Regular Meeting for the month of May, or a Special Meeting in May called for that
purpose, if necessary, in each year.
Section 3. Special Meetings. Upon the call of the President or upon motion of the Board of
Directors, a Special Meeting of the Municipal M embership shall be held to consider items of business,
which because of critical timing, concern, or complexity require the attention of the membership at other
than a Regular Meeting. Only those business items listed on the Special Meeting notice may be
considered at such meeting.
Page 1 of 10
Section 4. Directors' Meetings. Upon the call of the President or three (3) Directors, and whenever
practicable upon no less than twenty-four (24) hours notice, a Special Meeting of the Board of Directors
shall be held to consider items of business. Direetors shall propose items of al:lsiaess ay aotif¥.ng the
Exeootive Direetor v1ho shall plaee Sl:leh items oa an ageada. Ia additioa, I The Executive Director shall
add items of business to the agenda. which shall be approved by the President prior to the agenda being
fmalized and sent to the Board of Directors. Items of business also may be added to the ageaela ay the
Exeootive Direetor, or may ae added, modified, or deleted from the agenda by proper motion of a member
of the Board at each meeting.
Section 5. Notice. Written or electronic (facsimile/email) notice of all membership meetings shall
be provided by the Executive Director to all members. Whenever practicable, meeting notices shall be
sent so as to be received by the members no later than five (5) working days prior to a scheduled meeting.
Notice of the Directors' Meeting shall be by oral or written notice to the Directors and the staff.
Section 6. Quorum. At Regular and Special Meetings a quorum shall consist of fifteen (15)
Municipal Mmembers, eligible to vote. At Directors' Meetings, a quorum shall consist of a simple
majority of all members of the Board.
Section 7. Presentations. All presentations at League Board of Directors and General Membership
meetings shall be limited to those presented by governmental members and/or intergovernmental partners
of the League, unless specifically approved by the Board of Directors in advance. The Executive Director
and the President will determine eligibility of presenters/presentations for inclusion in official League
meetings, or will refer special requests not meeting the above-mentioned criteria to the Board for review
and approval.
Section 8. Hosts and Locations.
A. All League Board of Directors and General Membership meetings shall be officially hosted by a
member municipality or intergovernmental partner of the League of C ities , unless specifically otherwise
approved by the Board of Directors in advance. All meeting logistics and arrangements must be approved
by the League of Cities and coordinated with League staff in advance by the hosting entity.
B. Fiscal underwriting of a hosted League meeting is the responsibility of that hosting municipality,
except where mutually agreed upon in advance between the League and the hosting entity. The Executiv e
Director shall determine eligibility and arrangements for all official League meetings, or will refer special
requests not meeting the above-mentioned crit eria to the Board for consideration.
ARTICLE THREE
ELECTIONS
Section 1. Annual Election. The annual election of all Officers and Directors shall be held at the
Annual Meeting, which is the Regular May Membership Meeting, or a Special Meeting called in May fo r
that purpose.
Section 2. Nominations. The proposed slate of Officers and Directors shall be announced at the
Regular March Membership Meeting by the Chair of the Nominating Committee, which shall be appointed
in February by the President in accordance with Article Seven of the Articles of Incorporation. Additional
nominations may be made from the floor by aay the voting delegate of any Municipal m Member in good
standing at the Regular April Membership Meeting. All nominees must have submitted a written "Consent
to Serve" form prior to their name being placed in nomination. If there are no additional nominations made
from the floor at the Regular April Membership Meeting, the Municipal Membership shall approve the
proposed slate and the Officers and Directors shall be deemed elected by acclamation.
Section 3. Voting. If there are nominations from the floor at the April Membership Meeting, the
President shall announce the names of all nominees at the Regular May Membership Meeting or at a
Page 2 of 10
Special Meeting called for that purpose and shall circulate written ballots to be executed by the voting
delegates of each Municipal Member; provided, however, that in the event that any nominee is
unopposed, that nominee shall automatically be elected by acclamation without ballot. Ballots, if
necessary, shall be tabulated by the nominating committee and the results announced to the membership.
Weighted voting shall not apply to the election of Officers and/or Directors.
ARTICLE FOUR
VOTING
Section 1. Municipal Members. Each Municipal Member, whose dues and assessment accounts are
current, shall be eligible to vote on items of business at all Regular and Special Meetings. Each
Municipal Member, by proper motion of its governing body, shall annually designate a voting delegate
and alternates if so desired. Voting delegates and alternates from each Municipal Member shall be
submitted to the Executive Director of the League in writing upon a form provided for this purpose. This
form shall also be executed by the Mayor and Clerk of the applicable municipality. No other persons
shall be eligible to vote on business items at Municipal Membership Meetings.
Section 2. Weighted Votes.
A. Allocation; Mechanism: The voting delegate of aAny Municipal Member who is eligible to vote
may call for a weighted vote on any issue before the membership unless prohibited under subsection B
herein below. Weighted voting is automatic upon call by a member who is eligible to vote. Each
weighted vote shall be by roll call vote, taken and recorded by the Secretary-Treasurer or designee.
Weighted votes for each Municipal Member shall be based upon the latest Estimates of Population by
County and Municipality prepared by the University of Florida.
(1) Each Municipal Member of up to 5,000 population shall have one (1) weighted vote.
(2) Each Municipal member of 5,001 to 17,144 population shall have two (2) weighted votes.
(3) Each Municipal member of 17,145 to 35,000 population shall have three (3) weighted
votes.
(4) Each Municipal Member of 35,001 or more population shall have four (4) weighted
votes.
B. Prohibited: Weighted voting is prohibited in the following instances:
(1) Appointments to County wide, Regional and State Committees and Boards in accordance
with Article Eleven of these Bylaws.
(2) Removal of League appointees in accordance with Article Twelve of these Bylaws.
(3) Election of Officers and Directors in accordance with Article Three of these Bylaws.
Section 3. Non-Weighted Votes. Unless a weighted vote as described in accordance with
subsection 2A hereinabove is requested by a voting delegate of a Municipal Mmember eligible to vote
and approved by the Municipal Membership, the business shall be conducted by a simple majority of the
quorum. If the presiding officer is unable to determine the results of a voice vote, the presiding officer
may request a roll call vote.
Page 3 of 10
ARTICLE FIVE
RULES AND ORDER OF BUSINESS
Section 1. Rules. The Board of Directors may from time to time adopt rules of order and procedure
for the conduct of business at all meetings. Otherwise the conduct of business shall be in accordance with
Roberts Rules of Order or as revised by the Executive Director or the Executive Committee.
A.
B.
c.
D.
E.
F.
G.
H.
I.
J.
K.
Section 2.
Call to Order, Prayer and Flag Salute
Roll Call
Additions, Deletions or Modifications to the Agenda
Adoption of Minutes
Financial Report
Staff Reports
Scheduled Presentations
Resolutions
Miscellaneous Business
Comments from the Floor
Adjournment
Order of Business. The Executive Director or Executive Committee shall set the order of
business for all meetings as deemed necessary.
ARTICLE SIX
FINANCES
Section 1. Dues. Annual Dues shall be payable in advance on October 1st of each year in an amount
to be established by the Board of Directors based upon population according to the latest Estimates of
Population by County and Municipality prepared by the University of Florida or based upon an alternate
approved pro-rata allocation. Dues shall be delinquent if not paid prior to December 1st of each year. An
individual dues notice shall be sent to the membership no later than May 31 51•
Section 2. Special Assessments. Upon the approval of the Municipal Membership, Special
Assessments may be levied against Municipal Members in amounts based upon population according to
the latest Estimates of Population by County and Municipality prepared by the University of Florida or
based upon an alternate approved pro-rate allocation for purposes set forth in a resolution adopted by the
membership. Special Assessments shall be delinquent if not paid within sixty (60) days after the date of
assessment.
Section 3. Delinquency; Suspension of Voting Rights. Any delinquency in dues and/ or assessments
shall result in suspension of voting rights of the member until all dues and assessments are brought
current.
Section 4. Budget. The Board of Directors shall adopt an annual operating budget effective October
1, of each year, within which all operating revenues and expenditures shall be reported. In addition to the
operating budget, the League may establish and maintain such other funds and accounts as may be
authorized by the Board of Directors.
Section 5. Accounting Procedures. The Executive Director shall be responsible for establishing and
maintaining proper ledgers and journals to accurately reflect the fmancial position of the League.
Accounts payable may be satisfied upon proper motion to the Board of Directors from time to time.
Page 4 of 10
ARTICLE SEVEN
BOARD OF DIRECTORS
Section 1. Authority. Unless otherwise prohibited or restricted in these Bylaws or the Articles of
Incorporation, the Board of Directors may conduct any and all business of the League, and shall be
responsible to the membership for formulating the policies of the League. It is the responsibility of the
Board of Directors to annually prepare a statement of goals and objectives for the League and present
such statement to the Membership.
Section 2. Board of Directors. In accordance with Article Five of the Articles of Incorporation, ooe
six (6) eligible Municipal Members shall be elected from eaeh of siJ( (6) of any Municipalitv qualifving as
a the Large Municipality ies (pop. over 25,000), two (2) additional Directors shall be elected from any
two (2) eligible Municipalities and one (1) Director shall be elected from each of the five (5) following
districts:
1. District 1. Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Park, Mangonia Park,
North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Riviera
Beach, and Tequesta.
2. District 2. Cloud Lake, Glen Ridge, Haverhill, Lake Clarke Shores, Loxahatchee
Groves~ Palm Springs, Royal Palm Beach, West Palm Beach~ aru:l Wellington and
Westlake.
3. District 3. Atlantis, Boynton Beach, Greenacres, Hypoluxo, Lake Worth, Lantana,
Manalapan, South Palm Beach, and the Village of Golf.
4. District 4. Boca Raton, Briny Breezes, Delray Beach, Gulf Stream, Highland Beach
and, Ocean Ridge.
5 . District 5. Belle Glade, Pahokee, and South Bay.
There shall never be more than one (1) voting member on the Board of Directors from any
municipality. Vacancies occurring during the term of office for Directors and/or officers shall be
filled for the remainder of the term pursuant to Article Five of the Articles of Incorporation.
Section 3. Directors' Responsibilities. It is the responsibility of each Director representing a district
to communicate with his constituent municipalities concerning actions taken or to be taken by the Board
of Directors. Municipal Members are encouraged to contact the Director representing their district
concerning issues of collective interest. The Director representing that district shall be responsible for
bringing such issues to the attention of the other members of the Board of Directors. Directors at Large
are responsible for representing the collective interests of the entire League Municipal Membership.
Directors at Large shall be responsible for bringing issues of interest to the attention of the other members
of the Board of Directors.
Section 4. Attendance. A Director or Officer who accumulates three unexcused absences from
Board of Directors Meetings during each annual term shall automatically forfeit his or her position as a
Director or Officer and shall be replaced for the remainder of the term by the Board of Directors in
accordance with Article Five of the Articles of Incorporation. Excused absences shall be approved by the
President only upon oral or written notice of absence due to a close personal family emergency, employee
mandates, religious obligations, or due to the required presence elsewhere related to official municipal or
League business matters. It is the express intention of the League to compel attendance by the Directors
and Officers; thus, if a Director or Officer is continually or habitually absent even though excused, it shall
be his or her obligation to resign for the good of the League. In the event said Director or Officer does
not resign due to continual or habitual absence, though excused, then upon the majority vote of the voting
members of the Board of Directors, said Director or Officer shall be removed.
Page 5 oflO
Section 5. Employees: Consultants. It is the responsibility of the Board of Directors to appoint and
remove the Executive Director, the General Counsel and all contractors and consultants of the League and
to fix their compensation and other terms of employment. No Directors or Officer shall be eligible to
serve as a full-time employee of the League and no Director or Officer shall receive compensation for
satisfying the duties of that position.
ARTICLE EIGHT
OFFICERS
Section 1. President. The President shall be the presiding officer of all Municipal Membership and
Directors' Meetings; shall approve all agendas for Board of Directors and General Membership meetings:
shall execute all resolutions, contracts and other documents of which the League is a party; and shall
further be recognized as the ranking officer of the League for ceremonial purposes. The President shall
be responsible for selecting the Chair of each League committee other than the Legislative, Policy and
Procedures, and Finance Committees, which shall be chaired by the 1st Vice President, 2nd Vice President
and Secretary-Treasurer, respectively. The President shall assure that each committee meets its objectives
and that each committee Chair reports to the Board of Directors and the Municipal Membership on a
regular monthly basis. In addition, the President shall have such other duties and powers as may be set
forth in these Bylaws and/or the Articles of Incorporation.
Section 2. 1st Vice President. The 1 st Vice President shall be recognized as the second ranking
officer of the League for ceremonial purposes and shall fulfill the duties and responsibilities of the
President during his or her absence or disability. The 1st Vice President shall serve as the Chair of the
Legislative Committee, and shall fulfill such other duties as may from time to time be assigned by the
President, these Bylaws and! or the Articles of Incorporation.
Section 3 . 2nd Vice President. The 2nd Vice President shall be recognized as the third ranking officer
of the League for ceremonial purposes and shall fulfill the duties and responsibilities of the President
during the absence or disability of both the President and 1 st Vice President. The 2nd Vice President shall
serve as the Chair of the Policy and Procedures Committee and shall fulfill such other duties as may from
time to time be assigned by the President, these Bylaws and/or the Articles of Incorporation.
Section 4. Secretary-Treasurer. The Secretary-Treasurer shall be recognized as the fourth ranking
officer of the League for ceremonial purposes and shall fulfill the duties and responsibilities of the
President during the absence or disability of the President, the 1st Vice President and the 2nd Vice
President. The Secretary-Treasurer shall serve as the Chair of the Finance Committee; shall be the
attesting officer for all resolutions, contracts, and other documents executed by the President to which the
League is a party; shall report monthly to the membership on the financial position of the League; and
shall fulfill such other duties as may from time to time be assigned by the President, these Bylaws and/or
the Articles of Incorporation.
ARTICLE NINE
ADMINISTRATION
Section 1. Executive Director. The Board of Directors shall appoint an Executive Director, who
shall serve at the pleasure of the Board. Once appointed, the Board shall not discharge the Executive
Director without the affirmative vote of a majority of the entire Board. The Executive Director shall be
the ranking administrative officer of the League and shall be responsible for the following:
1. The daily operation of the business of the League.
2. To appoint, remove and supervise all employees of the League not otherwise
provided for in these Bylaws.
Page 6 of 10
3. To act as representative ofthe League to the Florida League of Cities, the Board
of County Commissioners and the Florida Legislature and shall generally serve as the
League's liaison and Legislative advocate.
4. To prepare and submit a proposed annual operating budget to the Finance
Committee by April of each year.
5. To keep the Board of Directors, through the Secretary-Treasurer, fully advised as
to the financial condition and future needs of the League.
6. Sign contracts on behalf of the League pursuant to approved appropriations of the
Board ofDirectors.
7. And shall perform such other duties assigned by the Board of Directors, these
Bylaws and/or the Articles of Incorporation.
Section 2. General Counsel. The Board of Directors may appoint a General Counsel to the League
who shall be a member of the Florida Bar. The General Counsel shall serve at the pleasure of the Board.
Once appointed, the Board shall not discharge the General Counsel without the affirmative vote of a
majority of the entire Board. The General Counsel shall perform such other duties as assigned by the
Board of Directors .
ARTICLE TEN
LEAGUE COMMITTEES
Section 1. In General. The Executive Committee, the Legislative Committee, the Policy and
Procedures Committee, the Finance Committee, the Program Committee, the Scholarship Committee, the
Environmental Conimittee, the Transportation Committee, the Education Committee, the Inspector
General Budget Review Committee and It's The Economy Committee are standing committees and shall
consist of the membership as set forth in these By-Laws . All other committees shall be composed of the
Chair, appointed by the President from the Municipal Members, together with a minimum of (4)
Municipal Members and up to two (2) Associate Members, appointed by the Board of Directors. The
municipal members may include elected officials or municipal staff as deemed necessary and prudent for
the benefit of the League. The Chair of each Committee shall be responsible for the Committee and shall
provide a report of committee activities and issues to the President, the Board of Directors , and the
Municipal Membership on an as needed basis. The Chair of each committee may select a co-chair from
the Municipal Members of the committee. The Executive Director shall attend the meetings of such
committees as requested by the Board of Directors. All League Committees shall be advisory to the
Board of Directors. All committee members have voting privileges.
Section 2. Terms. Terms for all League Committee appointments shall be for one (1) year
commencing July 1st of each year. Any unexpired vacant term of a committee member shall be filled for
the remainder of the term by the Board of Directors. In the event a Chair of a Committee is not fulfill ing
his or her responsibilities, the President shall, in his or her sole discretion, remove said Chair and appoint
a replacement for the remainder of the term. The municipal members on all League Committees shall be
either elected officials or municipal managers/administrators.
Section 3. Executive Committee. The Executive Committee shall be composed of the Officers as
set forth in Article Eight, which shall be chaired by the President. Such committee shall meet when
necessary upon the call of the President at which time members may appear by telephone. Members of
the Executive Committee may attend any and/or all committee meetings, as desired.
Section 4. Legislative Committee. The Board of Directors shall appoint a minimum of four ( 4)
Municipal Members to serve on the Legislative Committee. Additionally, up to two (2) Associate
Members and up to three (3) Ex Officio members who consist of the Director of Legislative Affairs of
Page 7 of 10
Palm Beach County, the Executive Director of the Palm Beach County Legislative Delegation, and the
Legislative Liaison for the School Board of Palm Beach County may be appointed to the committee as
needed, which shall be chaired by the 1st Vice President who may select a co-chair from the Municipal
Members on the committee. The Legislative Committee shall prepare and submit proposed legislative
positions from time to time as necessary or desirable for adoption by the Municipal Membership.
Section 5. Policy and Procedures Committee. The Board of Directors shall appoint a minimum of
four (4) Municipal Members to serve on the Policy and Procedures Committee. Additionally up to two
(2) Associate Members may be appointed to the committee as needed, which shall be chaired by the 2nd
Vice President who may select a co-chair from the Municipal Members on the committee. The Policy
and Procedures Committee shall review the League's By-laws on an annual basis and shall identify,
analyze and recommend action concerning policy direction for the League including revisions to the By-
laws from time to time, as deemed necessary.
Section 6. Finance Committee. The Board of Directors shall appoint a minimum of four ( 4)
Municipal Members to serve on the Finance committee. Additionally, up to two (2) Associate Members
may be appointed to the committee as needed, which shall be chaired by the Secretary-Treasurer who
may select a co-chair from the Municipal Members on the committee. The Finance Committee shall
review and modify as necessary the proposed annual budget submitted to them by April by the Executive
Director and recommend its adoption to the Board of Directors, effective October 1st of each year. In
addition, the Finance Committee shall review the finance records of the League and shall report its
fmdings to the Membership of the League through the Secretary-Treasurer, from time to time.
Section 7. Program Committee. The Board of Directors shall appoint a minimum of four ( 4)
Municipal Members to serve on the Program Committee. Additionally, up to two (2) associate members
may be appointed to the committee as needed, which shall be chaired by a Municipal Member, appointed
by the President, who may select a co-chair from the Municipal Members on the committee. The
Committee shall review and assess the training needs of the general membership and shall organize and
propose to the Board of Directors such seminars, training sessions, member benefits and information as
may benefit the League.
Section 8. Scholarship Committee. The Board of Directors shall appoint a minimum of four (4)
Municipal Members to serve on the Scholarship Committee. Additionally, up to two (2) associate
members may be appointed to the committee as needed, which shall be chaired by a Municipal Member,
appointed by the President, who may select a co-chair from the Municipal Members on the committee.
The Scholarship Committee shall establish and publish criteria, review applications and select recipients
of the William A. Cruickshank Scholarships.
Section 9. Environmental Committee. The Board of Directors shall appoint a minimum of four ( 4)
Municipal Members to serve on the Environmental Committee. Additionally, up to two (2) associate
members may be appointed to the committee as needed, which shall be chaired by a Member of the Board
of Directors, appointed by the President, who may select a co-chair from the Municipal Members on the
committee. The Environmental Committee shall review environmental issues, policies, and legislation
affecting municipalities and make shall recommendations for action to the Board of Directors.
Section 10. Transportation Committee. The Board of Directors shall appoint a minimum of four (4)
Municipal Members to serve on the Transportation Committee. Additionally, up to two (2) associate
members may be appointed to the committee as needed, which shall be chaired by a Member of the Board
of Directors, appointed by the President, who may select a co-chair from the Municipal Members on the
committee. The Transportation Committee shall review issues, policies, and legislation affecting
municipalities and shall make recommendations for action to the Board of Directors.
Page 8 oflO
Section 11. Education Committee. The Board of Directors shall appoint a minimum of four ( 4)
Municipal Members to serve on the Education Committee. Additionally, up to two (2) associate members
may be appointed to the committee as needed, which shall be chaired by a Member of the Board of
Directors, appointed by the President, who may select a co-chair from the Municipal Members on the
committee. The Education Committee shall review issues, policies, and legislation affecting
municipalities and make recommendations for action to the Board of Directors; and shall oversee the
Youth Delegation Program.
Section 12. Inspector General (I.G.) Budget Review Committee. The Board of Directors shall
appoint municipal members to serve on the I.G. Budget Review Committee. As mandated by the
Inspector General Ordinance, the I.G. shall deliver a preliminary budget request to the Palm Beach
League of Cities, Inc. no later than April 151 of every year and shall be available to discuss same with the
League prior to May 151 of each year. The Budget Review Committee shall review the Inspector General's
preliminary budget request when presented to them and be prepared to offer their recommendations to the
League's Board of Directors prior to their required meeting with the Board of County Commissioners
which must be held no later than June 30th.
Section 13. It's The Economy (ITE) Committee. The Board of Directors shall appoint a minimum of
four ( 4) Municipal Members to serve on the ITE Committee. Additionally, up to two (2) associate
members may be appointed to the committee as needed, which shall be chaired by a Member of the Board
of Directors, appointed by the President, who may select a co-chair from the Municipal Members on the
committee. The ITE Committee vets best practices on ways municipalities can save money and
resources.
Section 14. Other Committees. From time to time, the Board of Directors may establish additional
Ad Hoc Committees either of the Board or of the membership to assist in the betterment of the League.
The membership of these Ad Hoc Committees shall follow the guidelines set forth in Section 1.
hereinabove. Additionally. from time to time. the Board of Directors may establish working groups.
technical grouos. or subcommittees to assist the Standing Committees or Ad Hoc Committees in the
fulfillment of their duties. functions and missions. The purnose. membership. duration. and chair
aooointees of these working grouos. technical groups. or subcommittees shall be determined by the Board
of Directors at the time of their establishment.
ARTICLE ELEVEN
LEAGUE APPOINTMENTS TO COUNTY WIDE, REGIONAL
AND STATE COMMITTEES AND BOARDS
Section 1. Appointments. Unless otherwise required by Law, the Board of Directors shall nominate
appointees to the County wide, Regional and/or State Boards, Committees, and Authorities as may from
time to time be established. Nominations by the Board of Directors, together with any nominations from
the floor, shall be voted upon at a Regular Meeting of the Municipal Membership or at a Special Meeting
called for that purpose. If the presiding officer is unable to determine the results of a voice vote, then a
roll call shall be taken. Weighted voting, as described in these Bylaws, shall not apply to these League
appointments.
Section 2. The three (3) District 12 nominations to the Florida League of Cities Board of Directors
shall be comprised of the standi:ag current President of the Palm Beach County League of Cities,....m:
designee if approved by the Board of Directors. and two (2) duly elected Municipal Members who have
experience with both the Florida League of Cities and Palm Beach County League of Cities. which shall
include. but not be limited to. currentlv sitting on a Florida League of Cities ' Committee. If a designee is
nominated by the Board of Directors to serve in place of the President. then the designee shall be required
to have the same experience with both the Florida League of Cities and Palm Beach County League of
Cities as the two (2) duly elected Municipal Member nominees. For members, other than the League
President or designee, nominations shall be made by the Board of Directors and shall be voted upon by
Page 9 of 10
www.palmbeachcountyleagueofcities.org | rradcliffe@pbcgov.org
Tel. 561-355-4484 · Fax 561-355-6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401
Designation of Voting Delegate & Alternate(s) to the
Palm Beach County League of Cities, Inc.
In accordance with Article Four of the Bylaws of the Palm Beach County League of Cities, Inc., as amended
January 25, 2017, the governing body of (City, Town, or Village name):
Took the official action and designated the following voting delegate and alternate(s) to vote on behalf of the above
named municipality at any League of Cities general membership meeting, special general membership meeting
and/or function of the general membership. This designation applies ONLY to weighting voting items for the
General Membership.
Voting Delegate: Email:
Alternate(s): Email:
Alternate(s): Email:
Alternate(s): Email:
Alternate(s): Email:
Alternate(s): Email:
Alternate(s): Email:
____________________________________________ Clerk Signature (SEAL)
Action taken this _____ day of______________, 2024
______________________________________________ Mayor Signature
Attest:
Page 1 of 1
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Chad Girard, P.E, Public Works Director
DATE: April 11, 2024
SUBJECT: Stormwater Master Plan Update
The Village of North Palm Beach draft stormwater master plan has been completed.
The draft stormwater master plan included an intense amount of data gathering, numerous
modeling efforts for today and future scenarios, water quality improvements, along with a number
of capital improvement projects that will set the Village up to have a detailed plan that will be able
to be updated in the future as additional data is available.
Hazen and Sawyer will be providing and update on the work that they have completed and the next
steps in the process.
Stormwater Master Plan Modeling
and Design Implementation
Village Council
Stormwater Master Plan Update
April 11, 2024
1
• Stormwater Master Plan (SWMP) Update - Planning
•General Analysis
•Flooding Results & Level of Service Analysis
•Recommended Projects & Programs
•Funding & Financing
•SWMP Finalization - Phase 1
•Community Awareness, Stakeholder Communication Plan, and Outreach
• Next Steps
•Vulnerability Assessment (VA)
•SWMP Implementation
• Open Discussion & Questions
Meeting Agenda
2
Stormwater Master Plan (SWMP) Update -Phase 1
3
Stormwater Master Plan Report and Dashboard
General Analysis
4
Village’s Stormwater
Geodatabase (GIS) includes
nearly 500 stormwater structures
and 50,000 LF of stormwater pipe.
Hydraulic and Hydrologic
Modeling Schematic (ICPRv4)Flood Depth Maps (GIS)
Flooding Results & Level of Service Analysis
5
•Modeling results show flooding relative to the Village’s critical facilities.
•Level of service analysis performed to identify the most vulnerable areas of the Village
to prioritize improvements.
Level of ServiceModeling Results
Recommended Projects & Programs
6
Capital Improvement Projects
•Specific Drainage Improvements
•Water Quality Improvements
Recurring Programs
•Tidal Valve Installation Program
•Swale Rehabilitation Program
•Asset Cleaning, Inspection, Pipe Rehabilitation and Maintenance Program
Project and program specifics are detailed in the dashboard.
Funding & Financing
7
• Eligible or Possible Grants
•Resilient Florida Grant Program (Planning)
•Hazard Mitigation Grant Program (HMGP)
•Flood Mitigation Assistance (FMA)
•Building Resilient Infrastructure and Communities (BRIC)
•Resilient Florida Grant Program (Implementation)
•319 Nonpoint Source Grant Program
• Village will pursue eligible grants for projects and programs to help
minimize stormwater utility assessment charges to property
owners.
SWMP Finalization, Phase 1
8
Stormwater Master
Plan Report
PowerBI Dashboard
Village Council
Engagement
Community
Awareness
• Communication to address:
•Village Goals and Objectives
•Community Awareness Team and Responsibilities
•Stakeholder Analysis
•Key Messages
• Opportunity for stakeholders to learn
about efforts the Village is undertaking to:
•reduce flooding,
•improve water quality, and
•improve overall stormwater management.
• Quarterly or semi-annual updates will be implemented for the Public
• Frequency of updates will mimic the progression of the Stormwater Program
Community
Village InsightStakeholders
Community Awareness,
Stakeholder Communication Plan and Outreach
9
Next Steps
10
Vulnerability Assessment (VA)
VA is required to be in compliance with F.S. 380.093 and
for recommended CIPs to be eligible for Resilient Florida
Grant Program funds.
Stormwater Master Plan - Implementation
Detailed Design, Permitting, Bidding and Construction of
Project Specific CIPs
11
Open Discussion
&
Questions