2023.02.21_TC_Agenda_Regular
Town of Highland Beach
Notice of Public Meeting Protocol
1
The Town of Highland Beach is committed to serving the needs of the public.
The following information is guidance for preregistration for Zoom or telephone participation, and
for viewing and providing public comments at the meeting:
ZOOM PARTICIPATION:
Online or Telephone Access – Access to the meeting will begin on the date and time of the meeting.
To Join Meeting: All interested persons must preregister to participate by contacting Town Clerk
Lanelda Gaskins at publiccomments@highlandbeach.us or by calling (561) 278-4548 no later than
one (1) business day prior to the meeting date (e.g. by 4:30 P.M. on a Monday if the meeting
is scheduled for that Tuesday; and by 4:30 P.M.).
Meeting access information and instructions will be provided to those persons two hours prior to
the meeting.
The video camera display feature will only be enabled for Public Hearing Quasi-Judicial matters
and during public comments only. The video camera display feature will be disabled for public
use.
For additional information on using Zoom, please visit Zoom Support by click on the following link:
https://support.zoom.us/hc/en-us.
Viewing Only - To view the meeting, preregistration is not required. The public can view the meeting
on the following:
Highland Beach TV Channel 99 online streaming on the Town’s website and via Highland Beach
YouTube at https://www.youtube.com/channel/UCTAGr8WCa44Y3Q2Bb6UN2mw.
PROVIDING PUBLIC COMMENT:
Persons desiring to provide public comments must do so by one of the methods listed below. Public
comments will be limited to five minutes (three minutes for special Commission meeting items only)
per person during the designated section of the agenda. If an interested person desires to provide
written public comment, all comments must be directed to Lanelda Gaskins, Town Clerk as follows:
TO SEND COMMENTS IN ADVANCE VIA EMAIL:
To submit public comments, click on the link https://mmportal6.teammunicode.com// to go to
the Agendas and Meeting webpage. At the top of the page click on “Public Comments” to submit
your comments, or
Submit your comments to publiccomments@highlandbeach.us.
The Town will receive such public comments no later than two (2) hours prior to the meeting. If
timely received, Town staff will read the public comment at the meeting.
Page 1
Town Commission Meeting Agenda February 21, 2023
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Live Zoom Video Participation - If attending via Zoom online, please follow Zoom instructions
above. Once the meeting gets to the applicable public comment period, the host of the meeting
will allow public participants (audio only) into the meeting from the waiting room, to provide live
public comment.
Live Zoom Telephone Participation - If attending via Zoom by telephone, please follow the
instructions above. Once the meeting gets to the appropriate public comment period, the host of
the meeting will allow public participants into the meeting from the waiting room, to provide live
public comment.
Should you have any questions, please feel free to contact the Town Clerk’s Office at (561) 278-4548.
Published: 05.26.2021 / Updated 05.13.2022 / Revised 11/29/2022
Page 2
Town Commission Meeting Agenda February 21, 2023
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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, February 21, 2023 AT 1:30 PM
TOWN HALL COMMISSION CHAMBERS
3614 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Town Commission
Douglas Hillman Mayor
Natasha Moore Vice Mayor
Evalyn David Commissioner
John Shoemaker Commissioner
David Stern Commissioner
Marshall Labadie Town Manager
Lanelda Gaskins Town Clerk
Glen J. Torcivia Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2023-001
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
ratifying the selection, appointments, and term of office of members of the
Financial Advisory Board; and providing for an effective date.
B. Police Officer of the Year Award
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
A. Barbara Nestle Letter
Page 3
Town Commission Meeting Agenda February 21, 2023
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7. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals: Two (2) vacancies, all for three-year
terms
One (1) vacancy for an unexpired term
ending September 21, 2024
Financial Advisory Board: One (1) vacancy for an unexpired term
ending April 30, 2024
Natural Resources Preservation
Advisory Board:
Three (3) vacancies for unexpired terms
ending April 30, 2024
Meetings and Events
March 01, 2023 - 6:00 P.M. Educational Outreach Night hosted by
the Natural Resources Preservation
Advisory Board
March 07, 2023 - 1:30 P.M. Town Commission Meeting
March 09, 2023 - 9:30 A.M. Planning Board Regular Meeting
March 14, 2023 7:00 A.M. – 7:00 P.M Highland Beach General Election
March 15, 2023 - 11:00 A.M. Code Enforcement Board Regular
Meeting
Board Action Report
None.
8. ORDINANCES
A. None.
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group).
A. None.
Page 4
Town Commission Meeting Agenda February 21, 2023
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10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
B. Florida Department of Transportation (FDOT) RRR Project Update
C. Selection of Town Entry Signage Design Contest Finalists
D. 2022-2023 Strategic Priorities Plan Update and Review
11. NEW BUSINESS
A. Approval of Meeting Minutes
February 07, 2023 - Commission Meeting Minutes
B. Consideration to approve and authorize the Mayor to execute a five-year
agreement with Flock Group, Inc. for the license Plate Recognition Cameras.
C. Resolution No. 2023-004
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
amending Resolution No. 2022-020, which appropriated funds for the 2022-2023
fiscal year budget, and providing an effective date.
12. TOWN COMMISSION COMMENTS
Commissioner David Stern
Commissioner Evalyn David
Commissioner John Shoemaker
Vice Mayor Natasha Moore
Mayor Douglas Hillman
1. Beach Condo Association Presentation
13. TOWN ATTORNEY’S REPORT
14. TOWN MANAGER’S REPORT
1. Planning Project Updates
2. Sanitary Sewer Project Update
3. City of Delray Beach Update
Page 5
Town Commission Meeting Agenda February 21, 2023
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15. ADJOURNMENT
NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission
with respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record including testimony and evidence upon which the appeal is to be based. (State Law requires
the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own
cost, to arrange for the transcript.) The Town neither provides nor prepares such record.
In accordance with the Americans with Disabilities Act, persons who need accommodation in order to
attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time
prior to this meeting in order to request such assistance.
Page 6
File Attachments for Item:
A. Resolution No. 2023-001
A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection,
appointments, and term of office of members of the Financial Advisory Board; and providing for an
effective date.
Page 7
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE February 21, 2023
SUBMITTED BY: Ganelle Thompson, Administrative Support Specialist
SUBJECT: Resolution No. 2023-001
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Financial Advisory Board; and providing for an effective
date.
SUMMARY:
Consideration of Resolution No. 2023-001 ratifying the selection, appointments, and term of
office of members of the Natural Resources Preservation Advisory Board; and providing for
an effective date.
On November 22, 2022, Mr. David Stern resigned from the Board, which created one (1)
vacancy for an unexpired term ending April 30, 202 3. Additionally, a full three year term
becomes available after April 30, 2023.
The Town Clerk’s Office received one board application for Town Commission’s consideration.
Currently, there is one open vacancy for a new applicant to serve as a member of the Board.
The applicant’s names are as follows:
Appointment
Mark Zarrilli ()
As set forth in Sec. 2-99, in the Town's code, terms for all boards shall be three (3) years and
no board member may serve more than two (2) consecutive terms on the same board without
first taking a one-year hiatus from the board. Appointments for partial terms shall not count
toward the two-term limit. Additionally, in accordance with Resolution 19-029, the Town staff
reported a preliminary background check on the applicant to the Town Clerk’s Office. The
background check result disclosed there were no objectionable findings. Lastly, there were
no history found for any code violations.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Page 8
Agenda Memo Resolution No. 2023-001
02/21/2023
P a g e | 2
Chairperson Vetting Memorandum and Mark Zarrilli Application
Resolution No. 2023-001
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
001 for the applicant to serve an unexpired term ending April 30, 2023, and a three-year term
ending April 30, 2026.
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RESOLUTION NO. 2023-001
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION,
APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE
FINANCIAL ADVISORY BOARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2, Article V, Division 4, Sec. 2-155 of the Town’s Code of
Ordinances establishes the Financial Advisory Board and governs the membership, qualification,
function, and rules of the Financial Advisory Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Financial Advisory Board; and
WHEREAS, on November 22, 2022, one (1) board member resigned, thereby opening one
(1) vacancy on the Board; and
WHEREAS, the Town Clerk’s Office received one (1) application for consideration; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the Vice Chairperson of the Financial Advisory Board interviewed the
applicant and recommends that the Town Commission appoint one applicant to the Board; and
WHEREAS, Town residents interested in serving on or continuing to serve on the
Financial Advisory Board have submitted a board application for the Town Commission’s
consideration.
Page 13
Resolution No. 2023-001
2
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, one (1) member has been
selected by the Town Commission to serve on the Financial Advisory Board for an unexpired term
ending April 30, 2023, and for a three-year term ending April 30, 2026, as follows:
Board Member Mark Zarrilli
Section 3. This Resolution shall become effective upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this
21th day of February 2023.
Douglas Hillman, Mayor
ATTEST: REVIEWED FOR LEGAL SUFFICIENCY:
Lanelda Gaskins, MMC Glen Torcivia
Town Clerk Town Attorney
Page 14
Resolution No. 2023-001
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VOTES: YES NO
Mayor Douglas Hillman
Vice Mayor Natasha Moore
Commissioner David Stern
Commissioner Evalyn David
Commissioner John Shoemaker
Page 15
File Attachments for Item:
A. Barbara Nestle Letter
Page 16
Barbara Nestle
Highland Beach, FL
February 12, 2023
To:
Lanelda Gaskins, Town Clerk
Douglas Hillman, Mayor
Natasha Moore, Vice Mayor
Town of Highland Beach, FL, 33487
Re: Leaf blowers
Dear Mrs Gaskins:
I am aware that leaf blowers are currently being discussed in the Commission but have only
been put as a “planned” item (7) on your strategic priority list. Please put this letter on the
agenda for the Commission meeting on February 21, 2023. I would appreciate to see more
urgency in an ordinance heavily regulating leaf blowers.
Many landscapers and private individuals in Highland Beach use polluting and noisy gas-
powered leaf blowers which have been banned in many villages and towns of our caliber.
These leaf blowers generate toxic, carcinogenic air pollution and noise that far exceeds health
and safety standards. Using gas powered leaf blowers are very bad for our health, fragile
dunes/barrier island environment, and limit the benefits of living in our five miles of paradise.
People come to Highland Beach to enjoy our beautiful nature and beaches and not to be
drowned in noise and toxic fumes.
There is a lot of science behind this, lowlights include:
Toxic pollution – Using a gas-powered leaf blower for 30 minutes produces pollutants equal to
those generated by driving a Ford F-150 truck 3,900 miles, or as far as from Texas to Alaska.
Harmful health impacts - Ozone and PM2.5s are well known causes of, or contributors to, early
death, cardiovascular disease, asthma, chronic obstructive pulmonary disease, lung cancer,
premature births, and other serious health conditions. Even short-term exposure can be
harmful.
Damaging noise - Noise from leaf blowers ranges from 102−115 decibels (“dBs”)
Source: https://static1.squarespace.com/static/57e80a57414fb52bddd431f1/t/5866b8252994ca4cb330a4de/1483126855570/margin-corrected-Leaf-Blower-Fact-Sheet-%2812_12_2016%29+%281%29.pdf
Page 17
For these reasons, Miami Beach is phasing out gas powered leaf blowers, Naples, Palm Beach,
and other towns have implemented leaf blower regulations/bans. Our paradise of Highland
Beach cannot afford to wait longer.
We should as soon as possible discuss a regulation stipulating that no leaf blower may be
operated except one (1) 65 dB(A) electric or battery powered leaf blower per lot during the
permitted hours (TBD), with further specifications about allowed types and some exemptions
for larger lots. After a storm or emergency, the mayor could temporarily suspend the law.
Violations should end in suspensions for 60 days or longer and shall be subject to penalty.
I appreciate your attention and look forward to hearing an update during the Commission
meeting.
Best regards,
Barbara Nestle
Page 18
File Attachments for Item:
C. Selection of Town Entry Signage Design Contest Finalists
Page 19
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 2/21/2023
SUBMITTED BY: Town Manager’s Office
SUBJECT: Selection of Town Entry Signage Design Contest Finalists
SUMMARY:
On August 25th, 2022, the Town Entry Signage Design Contest commenced, allowing the
public to submit designs intended to replace the town’s current entry signage. The deadline to
submit designs was February 10th, 2023. The Town received 30 designs, from which the
Commission shall select finalists to be voted on by town residents.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Town Entry Signage Design Contest Submissions
RECOMMENDATION:
Select design finalists to be voted on by town residents.
Page 20
Name of Submitter Date Submitted
Mac Shaw Hyman 9/13/2022
Ron Bennett 9/22/2022
Mary Licata 10/3/2022
Michael Yelson 10/9/2022
Mitchell Hersh 11/16/2022
Catherine Chiaia 12/12/2022
Roberta Kruta 12/15/2022
Kelsey Gibson 12/27/2022
Brian DeMoss 1/12/2023
Peter Kosovsky 1/16/2023
Jackie DeHart 1/18/2023
Barbara Nestle and family 1/19/2023
Ben Stern 1/19/2023
Michelman Barnet 1/23/2023
Linda Cooper 1/27/2023
Maraj Family 1/27/2023
Alexandra W Baker 2/3/2023
Tina Wolf 2/3/2023
Angelo Bologna 2/7/2023
Steven & Ching Satter 2/8/2023
Fran Rizzuto 2/10/2023
Jillian Gorycki 2/10/2023
Joe McGranahan 2/10/2023
Lucia Milani 2/10/2023
Mark Baratta 2/10/2023
Mark Ganguzza 2/10/2023
Town Entry Sign Submittals
Page 21
From:HSS
To:Town Sign
Subject:Sign submission
Date:Tuesday, September 13, 2022 5:58:35 PM
Drawing prepared by Mac Shaw Hyman, age 6 at time of drawing, of Atlanta, GA.Grandson of Henry & Sharon Shaw, Highland Beach. Submitted for signage contest. Makes a superb impression: cost conscious in terms of design, family oriented, and pelican reflects our environment. Henry Shaw
Mac Shaw Hyman
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Mary Licata
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Page 26
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Page 27
Mitchell Hersh
Page 28
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From:Roberta Kruta
To:Town Sign
Subject:Highland Beach sign
Date:Monday, December 5, 2022 3:06:58 PM
I am submitting this rendering, am a long time resident of Highland Beach
Roberta 561-350-8850
Sent from Roberta @ Jeweliards
Page 30
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Page 31
Kelsey Gibson
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From:Peter Alan
To:Town Sign
Subject:Sign. Design #1
Date:Saturday, January 14, 2023 4:35:03 PM
1/14/23
To whom it may concern,
The below design can be stretched horizontally (or vertically) and the “WELCOME TO HIGHLAND BEACH “ wordage can be moved further away
from the silhouettes depending upon the final dimensions. I believe the size of our present signs are appropriate but that they are displayed too low and
that the new signs should be raised one-two feet higher. I believe the sign can be made of weatherproof composites for $6,000.00-$15,000.00. You can
also reverse colors and make the background black and the silhouette and lettering done in glow in the dark white paint.
Thank you for your consideration,
Peter Kosovsky, M.D.
From: flyphishing@hotmail.com
Subject: Sign
Page 36
From:Peter Alan
To:Town Sign
Subject:SIGN design #2
Date:Saturday, January 14, 2023 5:37:36 PM
1/14/23
To whom it may concern,
The following sign design of the double rainbow over Highland Beach can be altered by having a curved top which parallels the rainbows. The dimensions should be similar to the present signs but
displayed 2-3 feet higher. The signs can be made of composite weatherproof materials for reasonable costs.
Thank you for your consideration,
Peter Kosovsky, M.D.
From: flyphishing@hotmail.com
Subject: SIGN
Page 37
From:Peter Alan
To:Town Sign
Subject:Sign design #3
Date:Monday, January 16, 2023 8:00:17 PM
This simple palm tree silhouette at sunset over Highland Beach represents the tranquility of our beachfront community.
The wordage can be moved and the font changed, if necessary.
Thank you for your consideration,
Peter Kosovsky, MD
Page 38
Jackie DeHart
Page 39
From:Barb Nes
To:Town Sign
Cc:Barb Nes
Subject:Town sign: driftwood, rocks, waves
Date:Thursday, January 19, 2023 2:05:41 PM
Attachments:entrance sign design - Google Search.png
Dear town sign team,
Thanks so much for including residents in the choice of a new town sign.
Highland Beach stands for beautiful nature, stunning endless private beaches and a critical reef/rocks protecting us from erosion. The town sign should reflect our nature values and be a
modest representation of our paradise.
This is why our family came up with the idea of including driftwood as a symbol of all the beautiful tropical wood that gets washed ashore here. We also like to emphasize the beauty and
importance of our Yamato rock, and the reefs that protect us.
Hence we could see a design similar to the below picture of Riverstone, vertical driftwood on a rock with metal or wooden letters for the city name in a wavy design. We envision the
design to be a lot less modern than the sample, much more in flow with nature and made of durable drift wood based on the kind of rocks that we have here on our shore.
We do not have a design drawing, but driftwood, the rocks and some waves in the letters for the town name is what we would suggest. If you like the idea, we can try to draw and visualize
it :)
Best wishes,
Barbara Nestle and family
4605 S Ocean Blv
Page 40
Sent from my iPhone
Page 41
From:Ben and Mayra Stern
To:Town Sign
Subject:Highland Beach Town Sign
Date:Thursday, January 19, 2023 1:15:52 PM
Hello,
I have attached my rough draft idea for the new Highland Beach Entrance Signs. Since I am not
an artist, I pasted pictures of the items that I want to see on the design. The sea life and shells,
which are all indigenous to our beach, should be raised out from the main panel to give a 3-D
effect (sizes and colors can be adjusted). The background of the sign should either look like
sand or could even be real sand from our beach which would be glued and sealed on. The 2
side poles should look like the wood poles that pelicans are usually seen sitting on near docks,
and the pelicans should be crafted to look as real as possible.
Please contact me should you have any questions. Otherwise, I look forward to seeing my
enchanting and uplifting design on South Ocean Boulevard as I enter our beautiful beach
town!
Thank you,
Ben Stern
Toscana Resident
Page 42
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Page 44
From:ljcinwy
To:Town Sign
Subject:Old sign
Date:Friday, January 27, 2023 4:47:30 PM
IT'S FINE. I SEE NO NEED TO CHANGE DESIGN.
Thx for considering my submission.
Sent from my Verizon, Samsung Galaxy smartphone
Page 45
Maraj Family
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HIGHLAND BEACH
HIGHLAND BEACH
est. 1949
est. 1949
the town of
the town of
H GHLAND BEACH
est. 1949
the town of
Alexandra Baker
Page 47
From:Tina Wolf
To:Town Sign
Subject:Re: NEW SIGN
Date:Friday, February 3, 2023 5:30:47 PM
Tina wolf 4748 s ocean blvd #1202
Doug Hillman’s building
I like classic timeless design
Simple
In photo 2 I like the Boca Raton words
Not the all caps …that looks awful
Photo 1 is a bit too tombstone ..
Too much white
I have no ability to draw down here
So this is the best I could do
Thank you
On Feb 3, 2023, at 4:27 PM, Town Sign <townsign@highlandbeach.us> wrote:
Good afternoon:
Thank you for your submission. I can confirm that it has been received and saved in our
files.
Can you provide me with your name, address and phone number, for our records?
Thank you!
<image001.png>Best regards,Terisha Cuebas, MPA
Assistant Town Manager
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach FL 33487
(561) 278-4548 Office
(561) 265-3582 Fax
www.highlandbeach.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the
Town of Highland Beach officials and employees regarding public business are public records available to the
public and media upon request. Your e-mail communications may be subject to public disclosure. Under
Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland
Beach.
Page 48
From: Tina Wolf <tinawolf2@gmail.com>
Sent: Friday, February 3, 2023 3:57 PM
To: Town Sign <townsign@highlandbeach.us>
Subject: NEW SIGN
I think both these signs should be an inspiration for ours.
Very simple
Against a white background .
You can capitalize Highland Beach
If necessary
Thank you
<image002.jpg>
<image003.jpg>
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Fran Rizutto
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Highlan BeacThre Miles of Paradis”
“Between Waters”
Submitted by Joseph McGranahan
Page 81
Bio:
Joseph McGranahan is an architectural
designer. He graduated from Cornell
University with a Bachelor’s in Architec-
ture and currently works as a Research
Associate in the Circular Construction
Lab at Cornell University, where his
primary area of research focuses on
utilizing emerging digital tools to assess
material content, embodied carbon and
circularity within the built environment,
ranging from the scale of construction
assemblies to that of entire cities.
Text Description:
“Between Waters“ is a sign for the town
of Highland Beach. The graphic design
references the town’s elevated position
above two bodies of water. This unique
topography is depicted by the raised
trapezoid geometry which the name of
the town rests on, as well by the adjoin-
ing illustrations of the intercoastal and
the Atlantic Ocean -- the two bodies
of water that shape and bring people
to our “Three Miles of Paradise.“ The
palette is representative of colors that
can be found when viewing the ocean,
intercoastal and sunrises from Highland
Beach, and also matches the aesthetics
of the town seal. The proposed material
of the sign is teak wood, CNC routed
with raised lettering and with painted
color blocks.
Page 82
Lucia Milani Page 83
Page 84
Page 85
CREATIVE BRIEF
Submission:
Highland Beach Sign Contest
Designed by the father/daughter team of Mark and Gemma Baratta, this sign has
intergenerational appeal. Mark has been a resident of Highland Beach since 2021, while
Gemma is a Junior at the University of Miami majoring in Creative Advertising.
Mark Baratta
The Highland Beach Club
3606 South Ocean Blvd
Apt. 708
Highland Beach FL 33487
Email: markbaratta@mac.com
Tel. 917-617-8772
Objective:
To design a sign for Highland Beach, Florida that captures the beauty of our vibrant coastal
town with pristine beaches, iconic palm trees, and nesting sea turtles.
Target Audience:
Residents and visitors to the town of Highland Beach, Florida.
Message and Tone:
Warm and welcoming to all, say hello to Shellbie, mascot of the beautiful town of Highland
Beach! This sign invokes the spirit of our unique community with its nesting sea turtles and
towering iconic palms. We want to remind people of the warmth and beauty of our town along
with its preservation of critical nesting grounds for endangered sea turtles.
Design:
Signature elements include original, vibrant art representing our nesting sea turtles and palm
trees on an oval design with engraved lettering and gold trim. A lattice-work background and
matching posts complete the design.
Colors:
Bright, tropical, palm green color on a beige sand background frame this eye-catching design.
Page 86
Page 87
Page 88
Town of Highland Beach Sign Design
Thank you for this opportunity. I am a brand-new resident of Highland
Beach and I am honored to share these designs. Please note that I would
be happy to adapt or redo any of my submitted designs to better meet
the needs of the Town of Highland Beach. I am currently employed at
Nova Southeastern University as an Instructional Designer. I have
included the file as a pdf but can also submit in other formats if needed.
I feel truly blessed to get to live in this beautiful town and created 4
attached sign designs that reflect that!
Sincerely,
Michele Mazine
954-261-5248
Additional Information for Item 10.C.
Feb. 21, 2023 Town Commission Meeting
Page 89
TOWN OFTOWN OF
HIGHLAND BEACHHIGHLAND BEACH
Design 1
Design 2
Additional Information for Item 10.C.
Feb. 21, 2023 Town Commission Meeting
Page 90
Design 3
Design 4
Additional Information for Item 10.C.
Feb. 21, 2023 Town Commission Meeting
Page 91
Additional Information for Item 10.C
Feb. 21, 2023 Town Commission Meeting
Page 92
File Attachments for Item:
D. 2022-2023 Strategic Priorities Plan Update and Review
Page 93
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE February 21, 2023
SUBMITTED BY: Town Manager’s Office
SUBJECT: 2022-2023 Strategic Priorities Plan Update and Review
SUMMARY:
As a follow up to the previous Town Commission meeting, attached is the updated strategic
priorities list as ranked by the Commission. The list is color coordinated to line up with the
four operational categories included in the plan.
FISCAL IMPACT:
N/A
ATTACHMENTS:
TOHB 2023 Strategic Priorities Plan
TOHB 2023 Strategic Priorities: Ranked Projects and Initiatives List
RECOMMENDATION:
Commission review and discussion.
Page 94
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Strategic Priorities (SP): Ranked Projects & Initiatives List
SP 1: Labor Negotiations
PBA Collective Bargaining Agreement FY 2023 – 2026
FOP Collective Bargaining (General Employees) FY 2023-2026
Description: Negotiation of new bargaining agreements with our two existing employee unions.
The process traditionally takes 3 to 6 months concluding with ratification by the Town
Commission.
Progress: The negotiation team has reviewed the existing employment agreements for
conditions and language adjustments and has reviewed preliminary financial impacts.
SP 2: Fire Rescue Department Implementation
Description: Multi-year project that involves the establishment of the town’s first fire rescue
department. Project involves contract termination with the City of Delray Beach, organizational
expansion (HR), recruitment of fire rescue personnel, procurement of apparatus and special
equipment, development of EMS and Fire policies and protocols, and Fire Station Construction.
Progress: Commenced in FY 2021. Targeted completion May 2, 2024. Major Tasks: (1) Secure
Charter Funding Approval $10 million (Complete); (2) Hire Fire Chief (Complete); (3) Secure
Medical Director (Complete); (4) Fire Station Construction (start April 2023); (5) HR/Risk
Management Director (April 2023); (6) Veteran’s Memorial Design/Location (TBD); (7) Recruit
and hire Fire/Paramedics, Driver/Engineers ad Captains (Start June 2023). It is important to
note that aforementioned project components is not an exhaustive list and that many other
related tasks exists.
SP 3: State Appropriations
Description: Requests for state financial assistance for capital improvement and planning
projects. FY 2023 Appropriations: (1) Fire Station Construction ($1 million) and (2) Lift Stations
($300,000.) Annually evaluate town operations and capital improvement plan for opportunities
for appropriation requests and/or grants.
Progress: The appropriation requests have been forwarded to state representative and/or state
senator for sponsorship and introduction. Fire Chief has been evaluating fire grant programs for
the new fire rescue department.
SP 4: A1A Highway RRR Project
Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project
is completed with limited and controlled disruptions to the community. The project includes
needed drainage improvements, paved shoulder enhancements to accommodate cyclists and
embedded crosswalk lighting.
Progress: FDOT has completed survey work and preliminary design that will be presented to the
public on March 13. FDOT is reviewing traffic control strategies to limit disruptions. Work
tentatively scheduled to commence May 2024 with construction lasting 12 to 15 months.
Page 95
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
SP 5: Charter Review/Amendments—Funding Limitations
Description: Annual review and consideration of necessary charter revisions and/or
amendments to ensure effective and efficient town operations consistent with best
management practices. This project also involves evaluation of the previous charter
amendments with focus on funding limitation question.
Progress: Commission has commenced discussions on possible charter amendments and the
process to engage residents on the questions via polling and workshops.
SP 6: Solid Waste and Recycling Collection Contract
Description: The existing solid waste collection and disposal contract is set to expire May 31,
2023. A request for proposal (RFP) for a new contract must be advertised and reviewed with
award recommendations sent to the Town Commission for consideration. The solid waste
contract includes recycling, yard waste and bulk item collection (and disposal) twice per week
with specialized container service for condominium buildings.
Progress: The RFP process has started with bid opening and review in March-April 2023.
SP 7: Building Recertification Program (Senate Bill 4D)
Description: The Town Commission has expressed concerns with the state law as it requires
significant capital reserves for condominium/threshold buildings that accompanies a building
recertification program. The Commission also has concerns related to the time provided to
address any deficiencies discovered during the inspection process.
Progress: The Town Commission authorized the mayor to send a letter to legislators expressing
our concern and seeking modification of state law. The letter was sent at the beginning of
February 2023.
SP 8: Marine Accessory Structures Ordinance Amendment(s)
Description: Conduct an in-depth review of all ordinance provisions related to the installation
and construction of marine accessory structures to ensure they are appropriate for waterfront
property owners. The review shall include a public engagement process. The project is being
facilitated by the Planning Board, ordinance sponsor and staff at the direction of the Town
Commission.
Progress: Ordinance stakeholder group drafted amendment concepts that were presented at
three public workshops in December 2022. The Town Commission directed the Planning Board
to evaluate public review comments when drafting amendments for Commission consideration.
SP 9: Canvassing Board (Charter Amendment)
Description: The Town Commission to review the implications and liability around allowing a
county canvassing board versus a local canvassing board as the County Supervisor of Elections is
moving away from supporting local canvassing boards. The Highland Beach canvassing board
composition is stipulated within the charter; therefore, a change of board composition requires
a charter amendment approved by voters.
Page 96
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: Preliminary discussions have occurred at the behest of the Town Clerk.
SP 10: Communication & Community Engagement
Description: Actively communicate with the public through multiple mediums and platforms to
ensure the community receives timely value-added communications regarding town business
and affairs. Also, plan community events.
Progress: The town has launched a website design project with CivicPlus to improve navigation,
usability, and content access. The Manager’s Office sends out a weekly news flash, the
Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates
to Facebook. Staff is evaluating the value of using polls, surveys and other social media
platforms.
SP 11: Sea Turtle Lighting Ordinance
Description: Develop lighting standards and provisions within the Town Code of Ordinances to
protect and enhance sea turtle habitat and nesting activities on our beaches. The town
currently has limited lighting provisions.
Progress: Lighting standards and provisions have been written by staff and are consistent with
best management practices and state guidelines. The Town Commission directed review of the
draft standards and provisions to the Natural Resource Preservation Advisory Board (NRPAB)
and Planning Board. The NRPAB has recommended its approval and the Planning Board is to
review the zoning implications in March 2023.
SP 12: Dune Restoration & Management
Description: The Town Commission assigned the Natural Resource Preservation Advisory Board
(NRPAB) to work with staff to educate the public on importance of dune restoration and
management. Additionally, the commission directed staff to obtain a proposal from coastal
engineering firm to update the 2013 Beach Erosion Study, and that the study identify dune areas
in need of restoration.
Progress: The NRPAB is hosting a dune restoration and management workshop in March 2023
and staff have started the process to solicit proposals for the update of the 2013 Beach Erosion
Study.
SP 13: Zoning District Evaluation (Density)
Description: The Town Commission has directed to the Planning Board to commence a public
review process of the permitted zoning densities of each zoning district within the town to see if
it is appropriate to revise to preserve town character, accommodate redevelopment and protect
property values.
Progress: The Planning Board has commenced its discussion of the public engagement process.
Page 97
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
SP 14: Financial Management Systems
Description: The Finance Department in partnership with the Manager’s Office is updating the
town’s investment policy, constructing a dynamic 5-year financial forecast model and
development a more effective budget document. Also included in this project is the update to
the purchasing policy.
Progress: The 5-year financial forecast model has been completed and will be presented to the
Commission in April 2023. The updated purchasing policy will be presented to the Financial
Advisory Board for recommendation in April 2023. The investment policy update is schedule for
the fall of 2023 and the enhanced strategic budget document will be used for the FY 2024
budget cycle.
SP 15: Home Occupation Ordinance Provisions
Description: House Bill 403 which became effective July 1, 2021, prohibits local governments
from taking certain actions relating to the licensure and regulation of home-based businesses,
specifies conditions under which a business is considered a home-based business, authorizes
home-based businesses to operate in areas zoned for residential use if the business meets
certain criteria, specifies that home-based businesses are subject to certain business taxes and
authorizes adversely affected current or prospective home-based business owners to challenge
certain local government actions in violation of the statute.
The current “home occupation” regulations provided in Chapter 30 need to be revised to be
compliant with Florida Statutes.
Progress: Draft revisions have been completed by staff and will be presented to Planning Board
and Town Commission in the summer 2023.
SP 16: Temporary Sign Ordinance Review
Description: The Town Commission has directed staff to update the ordinance provisions
related temporary signs with a focus on political signs and real estate signs.
Progress: Target start date is fall 2023.
SP 17: Seawall Ordinance Review (Height/BFE)
Description: The recent FEMA flood insurance rate map (FIRM) increased the base flood
elevation (BFE) for the town. The BFE is the target height for seawalls and the town does not
have a maximum seawall height. Based on existing ordinance requirements, seawall height has
started to create concerns amongst waterfront property owners. Therefore, ordinance
provisions regarding seawall height may need to be modified.
Progress: Target stat date summer 2023.
SP 18: Town Entry Signs (A1A)
Description: The two existing town entry signs have deteriorated and need to be replaced.
Page 98
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: The commission has solicited resident input via a design contest which closed on
February 6, 2023. The commission will review the submissions and then move into formal
design and construction. Target completion winter 2024.
SP 19: Milani Park
Description: Continue to work with Palm Beach County Administration and Parks and
Recreation Department along with County Commissioner on the future development of the
Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the
park and the timing of construction. The county has one more 5-year extension.
Progress: The Mayor and the Town Manager continue to meet regularly with the county staff
and county commissioner to express town concerns over the park development.
SP 20: Intracoastal Waterway (Speed Control)
Description: Community concerns exist regarding the safety of the intracoastal waterway, and
the town needs to take an active role in its management.
Progress: The Marine Unit of the Police Department started in March of 2022 to improve boater
safety by enforcing existing speeds, educating boaters and heighten presence. The police
department will collect data and information that can be utilized by all stakeholders in the
future to lower speeds and wakes in the intracoastal. The town will continue to meet with our
neighboring communities and stakeholders to form partnerships to manage this critical
resource.
SP 21: Water Tower Lease
Description: Sprint/T-Mobile cellular equipment exists on the town’s elevated water tank, and it
is set to expire in 2025. Additionally, other providers have reached out with potential interest to
set their cellular equipment. The commission needs to consider granting an extension and
develop a policy on the use of the water tower.
Progress: Target start date fall 2023.
SP 22: Gas-Powered Leaf Blower Regulations
Description: Community concern has surfaced over the continued use of gas-powered leaf
blowers within the community based on noise, pollution and personal health.
Progress: Target start date winter 2024.
SP 23: Public Record Digitization/Management Project
Description: This project is the digitization of historical, hard copy records and documents.
Progress: Seventy five thousand (75,000) records digitized to date and the goal is to digitize all
historical records by 2024 and create a policy governing record management moving forward.
Annual Review
1. Water and Sewer Rates
2. Charter Review
Page 99
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
TOWN OF HIGHLAND BEACH
2023 STRATEGIC PRIORITIES PLAN
FEBRUARY 2023 (This is a working document)
OUR VISION:
The Town of Highland Beach is a beautiful safe harbor in paradise whose residents never leave.
OUR MISSION:
To provide exceptional governance and municipal services, in partnership with our residents, in
a fiscally responsible manner with an emphasis on planning for the future.
OUR MOTTO:
“3 miles of paradise”
OUR VALUES:
Help citizens live a better life by providing a safe and secure community.
Inclusiveness – we respect people, value diversity and are committed to equality.
Give exceptional citizen service.
Honor public trust through ethical behavior, transparency and servant leadership.
Lead with integrity at every level.
Assure fiscal responsibility and accountability.
Nurture and respect our natural environment.
Deliver services through collaborated efforts and coordinated actions.
Page 100
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
STRATEGIC PRIORITIES
This strategic priority plan identifies ranked community projects and initiatives within four (4)
operational categories. These projects and initiatives are classified as “Commenced” and “Planned”
based on their implementation status and/or schedule. The strategic priority plan is a dynamic and
simple document that serves as a decision-making tool to be updated on a quarterly basis via reports to
the Town Commission. The plan is intrinsically linked to the annual operating budget which commits
funds to complete the projects and initiatives identified. Completing a project and/or initiative leads to
attaining the operational category goal for each, and leads to fulfilling mission and vision of the Town.
Organizational Excellence
Strengthen the Town’s ability to strategically and effectively deliver municipal services in a fiscally
responsible, collaborative, inclusive and innovative manner.
Projects/Initiatives:
SP 1: Labor Negotiations
PBA Collective Bargaining Agreement FY 2023 – 2026
FOP Collective Bargaining (General Employees) FY 2023-2026
Description: Negotiation of new bargaining agreements with our two existing employee unions.
The process traditionally takes 3 to 6 months concluding with ratification by the Town
Commission.
Progress: The negotiation team has reviewed the existing employment agreements for
conditions and language adjustments and has reviewed preliminary financial impacts.
SP 3: State Appropriations
Description: Requests for state financial assistance for capital improvement and planning
projects. FY 2023 Appropriations: (1) Fire Station Construction ($1 million) and (2) Lift Stations
($300,000.) Annually evaluate town operations and capital improvement plan for opportunities
for appropriation requests and/or grants.
Progress: The appropriation requests have been forwarded to state representative and/or state
senator for sponsorship and introduction. Fire Chief has been evaluating fire grant programs for
the new fire rescue department.
SP 5: Charter Review/Amendments—Funding Limitations
Description: Annual review and consideration of necessary charter revisions and/or
amendments to ensure effective and efficient town operations consistent with best
management practices. This project also involves evaluation of the previous charter
amendments with focus on funding limitation question.
Progress: Commission has commenced discussions on possible charter amendments and the
process to engage residents on the questions via polling and workshops.
Page 101
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
SP 9: Canvassing Board (Charter Amendment)
Description: The Town Commission to review the implications and liability around allowing a
county canvassing board versus a local canvassing board as the County Supervisor of Elections is
moving away from supporting local canvassing boards. The Highland Beach canvassing board
composition is stipulated within the charter; therefore, a change of board composition requires
a charter amendment approved by voters.
Progress: Preliminary discussions have occurred at the behest of the Town Clerk.
SP 10: Communication & Community Engagement
Description: Actively communicate with the public through multiple mediums and platforms to
ensure the community receives timely value-added communications regarding town business
and affairs. Also, plan community events.
Progress: The town has launched a website design project with CivicPlus to improve navigation,
usability, and content access. The Manager’s Office sends out a weekly news flash, the
Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates
to Facebook. Staff is evaluating the value of using polls, surveys and other social media
platforms.
SP 14: Financial Management Systems
Description: The Finance Department in partnership with the Manager’s Office is updating the
town’s investment policy, constructing a dynamic 5-year financial forecast model and
development a more effective budget document. Also included in this project is the update to
the purchasing policy.
Progress: The 5-year financial forecast model has been completed and will be presented to the
Commission in April 2023. The updated purchasing policy will be presented to the Financial
Advisory Board for recommendation in April 2023. The investment policy update is schedule for
the fall of 2023 and the enhanced strategic budget document will be used for the FY 2024
budget cycle.
SP 23: Public Record Digitization/Management Project
Description: This project is the digitization of historical, hard copy records and documents.
Progress: Seventy five thousand (75,000) records digitized to date and the goal is to digitize all
historical records by 2024 and create a policy governing record management moving forward.
Departments:
Town Manager’s Office
Highland Beach Fire Rescue Department
Finance Department
Clerks’ Office
IT Consultant
Page 102
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Advisory Board(s):
Financial Advisory Board
Public Infrastructure & Resiliency
Ensure that Town managed and maintained facilities, infrastructure and public places are afforded
appropriate attention, maintenance, repairs, and upgrades.
Projects/Initiatives:
SP 4: A1A Highway RRR Project
Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project
is completed with limited and controlled disruptions to the community. The project includes
needed drainage improvements, paved shoulder enhancements to accommodate cyclists and
embedded crosswalk lighting.
Progress: FDOT has completed survey work and preliminary design that will be presented to the
public on March 13. FDOT is reviewing traffic control strategies to limit disruptions. Work
tentatively scheduled to commence May 2024 with construction lasting 12 to 15 months.
SP 6: Solid Waste and Recycling Collection Contract
Description: The existing solid waste collection and disposal contract is set to expire May 31,
2023. A request for proposal (RFP) for a new contract must be advertised and reviewed with
award recommendations sent to the Town Commission for consideration. The solid waste
contract includes recycling, yard waste and bulk item collection (and disposal) twice per week
with specialized container service for condominium buildings.
Progress: The RFP process has started with bid opening and review in March-April 2023.
SP 8: Marine Accessory Structures Ordinance Amendment(s)
Description: Conduct an in-depth review of all ordinance provisions related to the installation
and construction of marine accessory structures to ensure they are appropriate for waterfront
property owners. The review shall include a public engagement process. The project is being
facilitated by the Planning Review Board, ordinance sponsor and staff at the direction of the
Town Commission.
Progress: Ordinance stakeholder group drafted amendment concepts that were presented at
three public workshops in December 2022. The Town Commission directed the Planning Review
Board to evaluate public review comments when drafting amendments for Commission
consideration.
SP 13: Zoning District Evaluation (Density)
Description: The Town Commission has directed to the Planning Board to commence a public
review process of the permitted zoning densities of each zoning district within the town to see if
it is appropriate to revise to preserve town character, accommodate redevelopment and protect
property values.
Page 103
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: The Planning Board has commenced its discussion of the public engagement process.
SP 18: Town Entry Signs (A1A)
Description: The two existing town entry signs have deteriorated and need to be replaced.
Progress: The commission has solicited resident input via a design contest which closed in
February 6, 2023. The commission will review the submissions and then move into formal
design and construction. Target completion winter 2024.
Departments:
Highland Beach Fire Rescue Department
Public Works Department
Town Planner
Town Manager’s Office
Finance Department
Advisory Board(s):
Financial Advisory Board
Planning Board
Community Safety
Proactively plan for and responsively maintain a safe and resilient community focused on visibility,
awareness and care for residents and visitors.
Projects/Initiatives:
SP 2: Fire Rescue Department Implementation
Description: Multi-year project that involves the establishment of the town’s first fire rescue
department. Project involves contract termination with the City of Delray Beach, organizational
expansion (HR), recruitment of fire rescue personnel, procurement of apparatus and special
equipment, development of EMS and Fire policies and protocols, and Fire Station Construction.
Progress: Commenced in FY 2021. Targeted completion May 2, 2024. Major Tasks: (1) Secure
Charter Funding Approval $10 million (Complete); (2) Hire Fire Chief (Complete); (3) Secure
Medical Director (Complete); (4) Fire Station Construction (start April 2023); (5) HR/Risk
Management Director (April 2023); (6) Veteran’s Memorial Design/Location (TBD); (7) Recruit
and hire Fire/Paramedics, Driver/Engineers ad Captains (Start June 2023). It is important to
note that aforementioned project components is not exhaustive list and that many other related
tasks exists.
SP 7: Building Recertification Program (Senate Bill 4D)
Description: The Town Commission has expressed concerns with the state law as it requires
significant capital reserves for condominium/threshold buildings that accompanies a building
recertification program. The Commission also has concerns related to the time provided to
address any deficiencies discovered during the inspection process.
Page 104
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: The Town Commission authorized the mayor to send a letter to legislators expressing
our concern and seeking modification of state law. The letter was sent at the beginning of
February 2023.
SP 15: Home Occupation Ordinance Provisions
Description: House Bill 403 which became effective July 1, 2021, prohibits local governments
from taking certain actions relating to the licensure and regulation of home-based businesses,
specifies conditions under which a business is considered a home-based business, authorizes
home-based businesses to operate in areas zoned for residential use if the business meets
certain criteria, specifies that home-based businesses are subject to certain business taxes and
authorizes adversely affected current or prospective home-based business owners to challenge
certain local government actions in violation of the statute.
The current “home occupation” regulations provided in Chapter 30 need to be revised to be
compliant with Florida Statutes
Progress: Draft revisions have been completed by staff and will be presented to Planning Board
and Town Commission in the summer 2023.
SP 16: Temporary Sign Ordinance Review
Description: The Town Commission has directed staff to update the ordinance provisions
related temporary signs with a focus on political signs and real estate signs.
Progress: Target start date is fall 2023.
SP 21: Water Tower Lease
Description: Sprint/T-Mobile cellular equipment exists on the town’s elevated water tank and it
is set to expire in 2025. Additionally, other providers have reached out with potential interest to
set their cellular equipment. The commission needs to consider granting an extension and
develop a policy on the use of the water tower.
Progress: Target start date fall 2023.
Departments:
Police Department
Building Department/Code Enforcement
Town Planner
Highland Beach Fire Rescue Department
Town Manager’s Office
Advisory Board(s)/Community Support Group(s):
Planning Board
Board of Appeals and Adjustments
Code Enforcement Board
Highland Beach Police Foundation
Page 105
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Community Enrichment & Sustainability
Recognize the vital role Highland Beach’s natural resources play in a healthy community and implement
projects and policies that sustain them. Support residents’ desire for community services and programs
that enhance personal growth, knowledge and quality of life.
Projects/Initiatives:
SP 11: Sea Turtle Lighting Ordinance
Description: Develop lighting standards and provisions within the Town Code of Ordinances to
protect and enhance sea turtle habitat and nesting activities on our beaches. The town
currently has limited lighting provisions.
Progress: Lighting standards and provisions have been written by staff and are consistent with
best management practices and state guidelines. The Town Commission directed review of the
draft standards and provisions to the Natural Resource Preservation Advisory Board (NRPAB)
and Planning Board. The NRPAB has recommended its approval and the Planning Board is to
review the zoning implications in March 2023.
SP 12: Dune Restoration & Management
Description: The Town Commission assigned the Natural Resource Preservation Advisory Board
(NRPAB) to work with staff to educate the public on importance of dune restoration and
management. Additionally, the commission directed staff to obtain proposal from coastal
engineering firm to update the 2013 Beach Erosion Study, and that the study identify dune areas
in need of restoration.
Progress: The NRPAB is hosting a dune restoration and management workshop in March 2023
and staff have started the process to solicit proposals for the update of the 2013 Beach Erosion
Study.
SP 17: Seawall Ordinance Review
Description: The recent FEMA flood insurance rate map (FIRM) increased the base flood
elevation (BFE) for the town. The BFE is the target height for seawalls and the town does not
have a maximum seawall height. Based on existing ordinance requirements, seawall height has
started to create concerns amongst waterfront property owners. Therefore, ordinance
provisions regarding seawall height may need to be modified.
Progress: Target stat date summer 2023.
SP 19: Milani Park
Description: Continue to work with Palm Beach County Administration and Parks and
Recreation Department along with County Commissioner on the future development of the
Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the
park and the timing of construction. The county has one more 5-year extension.
Page 106
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: The Mayor and the Town Manager continue to meet regularly with the county staff
and county commissioner to express town concerns over the park development.
SP 20: Intracoastal Waterway (Speed Control)
Description: Community concerns exist regarding the safety of the intracoastal waterway, and
the town needs to take an active role in its management.
Progress: The Marine Unit of the Police Department started in March of 2022 to improve boater
safety by enforcing existing speeds, educating boaters and heighten presence. The police
department will collect data and information that can be utilized by all stakeholders in the
future to lower speeds and wakes in the intracoastal. The town will continue to meet with our
neighboring communities and stakeholders to form partnerships to manage this critical
resource.
SP 22: Gas-Powered Leaf Blower Regulations
Description: Community concern has surfaced over the continued use of gas-powered leaf
blowers within the community based on noise, pollution and personal health.
Progress: Target start date winter 2024.
Departments:
Town Planner
Highland Beach Library
Town Manager’s Office
Advisory Board(s)/Community Support Groups:
Natural Resources Preservation Advisory Board
Planning Board
Friends of the Library
Library Volunteers
Emerging Issues
The following emerging issues may require action by the community in the short-term planning horizon
resulting in the creation of a new project/initiative or require re-prioritization of existing
projects/initiatives.
The emerging issues include:
• Aging/Underbuilt Infrastructure, Facilities & Structures
• A1A Drainage/Flooding Issues
• Climate Change/Sea Level Rise effect upon Intracoastal Waterways
• Outdated Management Systems
• American Disabilities Act (ADA) Requirements
• Inflation/Recessionary Concerns
• Charter Spending Limits
• Property Insurance
• Affordability/Cost of Living
Page 107
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Action Planning
The successful implementation of the projects and initiatives defined in the strategic priorities plan is
contingent upon the development of an action plan. The action plan must provide clear direction with
the ordered tasks/steps needed with target completion dates along with resources needed to complete
the project. The plan shall identify those responsible for completing the steps and tasks and monitoring
the progress of the project.
As a project or initiative identified in the Strategic Priorities Plan moves from the “Planned” stage to
“Commenced” stage, an action plan will be created by the assigned department. The action plan shall
include:
• A well-defined description of the project/initiative to be completed
• Tasks/steps that need to be carried out to complete the project/initiative
• Department/Employee who will be in charge of carrying out each task
• When will these tasks be completed (deadlines and milestones)
• Resources needed to complete the tasks
• Measures to evaluate progress
The assigned department shall forward its action plan to the Town Manager for review and approval.
Once approved, the action plan will be posted on the Town website and will be updated on a monthly
basis. It is important to note that some project may require a more complex action plan based on the
scope of the project/initiative. The Action Plan Template is attached for reference.
Page 108
2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Strategic Priorities: Completed Projects & Initiatives List
Fiscal Year 2020
1. PBA Collective Bargaining Agreement 2020 - 2023
2. FOP Collective Bargaining/General Employees 2020-2023
3. Sanitary Sewer Collection System Evaluation -- CCTV
4. FY 2020-2025 Water & Sewer Rate Study
5. Crosswalk Enhancement Project – Pedestrian Activated Signs/Flashers
6. Install ERP IT System: BS&A Modules Permitting, GL, Fixed Assets, Cash Receipting, AP/AR, PO,
Utility Billing
7. Define Purchasing/AP/AR Process, Roles & Responsibilities
8. Update Building Administrative Code Section -- 7th Edition of Florida Building Code:
9. Complete Salary Table & Job Description Update
10. Implement Geographic Information System (GIS) & Expand Capacity
11. Southeast Palm Beach County Coastal Resiliency Partnership & Climate Vulnerability Assessment
12. Bucket Tree Pilot Program
Fiscal Year 2021
1. Charter Review Process
2. Study Alternate Fire Rescue Service Models
3. Building Recertification Ordinance/Program
4. Crosswalk Enhancement Project – Overhead Lighting
5. Police Department – Marine Unit Formation
6. As-built drawing for Municipal Complex project
7. Right-of-Way (ROW) Disruption Ordinance
8. Town Hall Building Improvements
9. Fire Rescue Services Implementation
PR Campaign, Retain Fire Rescue Services Consultants; Retain Medical Director and Assistant
Medical Director; Election; Retain architect for fire station design; Commenced fire station design
process; Development of Medical Protocols; EMS vehicle selection; Execution of fire services
dispatch agreement; Preparation of COCPN and State EMS application documents
10. FY 2020-2025 Water & Sewer Rate Study Update
Fiscal Year 2022
1. Veterans’ tab on Town’s website
2. Police Department Accreditation (inlc. Marine Unit)
3. Fund Balance Guidelines/Policy Revision
4. Property Rights Element – Comprehensive Plan Update
5. Building Permit Discount
Page 109
File Attachments for Item:
A. Approval of Meeting Minutes
February 07, 2023 - Commission Meeting Minutes
Page 110
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
Town Hall / Commission Chambers Date: February 07, 2023
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Time: 1:30 PM
1. CALL TO ORDER
Mayor Hillman called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner David Stern
Commissioner John Shoemaker
Commissioner Evalyn David
Vice Mayor Natasha Moore
Mayor Douglas Hillman
Town Manager Marshall Labadie
Town Attorney Glen Torcivia
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: Stern/David - Moved to approve the agenda as presented, which
passed unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. Claude Schmid Veteran Hero Proclamation
Commissioner Shoemaker read the Claude Schmid Veteran Hero Proclamation
into the record and presented it to Mr. Claude Schmid with the proclamation.
6. PUBLIC COMMENTS
A. Christine B. Viegas Letter
Page 111
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Date: February 07, 2023 Page 2 of 7
Ms. Christine Viegas of 3405 S. Ocean Blvd. joined the meeting virtually and
spoke about the recycling program. Town Manager Labadie elaborated on the
recycling program as it relates to the process of the recycling materials.
Ms. Maggie Chappelear announced the March 01, 2023, public meeting hosted
by the Natural Resources Preservation Advisory Board Members.
Mr. Joseph Svider of 3407 S. Ocean Blvd. provided comments about the
Clarendon Condominium as it relates to recycling.
Judy Berland of 3407 S. Ocean Blvd . commented that she supports the
Clarendon Condominium Board as it relates to recycling.
Timothy Ruotolo of 3400 S. Ocean Blvd. Coronado Condominium, spoke about
the Accessory Marine Facilities Public Input meetings held in December 2022,
the walking path (shared path), and educating the public.
Mr. Jack Halpern of 4511 S. Ocean Blvd., spoke about Ms. Christine Viegas’s
comment. He made comment on an article written in the Costal Star, and he
commented on the January 03, 2023, Town Commission Meeting discussion
about increasing the funding limitation.
Mayor Hillman explained that they plan to hold forums for resident input on future
referendum items.
Mr. Ron Reame of Dalton Place provided comments about an email from the
Committee to Save Highland Beach.
Mr. Rich Furlin of 3407 S. Ocean Blvd. provided comments about the Clarendon
Condominium as it relates to recycling.
Ms. Maggie Chappelear provided comments about negative campaigning.
Mr. Peter Kosovsky provided comments related to the Committee to Save
Highland Beach.
7. ANNOUNCEMENTS
Mayor Hillman read the announcements as follows.
Board Vacancies
Board of Adjustment and Appeals: Two (2) vacancies, all for three-year
terms
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Town Commission Meeting Minutes
Date: February 07, 2023 Page 3 of 7
One (1) vacancy for an unexpired term
ending September 21, 2024
Financial Advisory Board: One (1) vacancy for an unexpired term
ending April 30, 2023
One (1) vacancy for an unexpired term
ending April 30, 2024
Natural Resources Preservation
Advisory Board:
Three (3) vacancies for unexpired terms
ending April 30, 2024
Meetings and Events
February 09, 2023 - 9:30 A.M. Planning Board Regular Meeting
February 14, 2023 - 1:00 P.M. Code Enforcement Board Regular
Meeting
February 20, 2023 - Town Hall closed in observance of Presidents Day
February 21, 2023 - 1:30 P.M. Town Commission Meeting
Board Action Report
None.
8. ORDINANCES
A. None.
9. CONSENT AGENDA (These are items that the Commission typically does not read
to discuss individually, and which are voted on as a group).
A. None.
10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
Town Manager Labadie provided an update on the Fire Rescue Implementation.
Fire Chief Joseph provided a PowerPoint presentation depicting several images
of the Fire Rescue vehicles related to the fire engine the Town purchased, the
current fire rescue engine, and the EMS vehicle. Chief Joseph explained that
having two color schemes initially is not a problem. The Town Commission
discussed the fire rescue engines and EMS vehicle colors. The Board supported
keeping the fire engine vehicles as is. The EMS vehicle will be red and black.
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Date: February 07, 2023 Page 4 of 7
Town Manager Labadie spoke about starting a fire rescue foundation similar to
the Highland Beach Police Foundation.
B. Florida Department of Transportation (FDOT) RRR Project Update
Mayor Hillman announced this matter will be a standing item on future Town
Commission agendas.
Town Manager Labadie announced the Florida Department of Transportation will
have its next RRR Project meeting on March 13, 2023, at 6 P.M. in the library.
He spoke about the laterals, drainage improvements, and traffic control along
A1A during the RRR project.
Mayor Hillman provided comments about the Florida Department of
Transportation expertise with RRR projects and the like. There were discussions
about restricting traffic in the area during construction.
C. Discussion of Accessory Marine-related Public Input Meetings to include
summary and next steps.
Town Planner Allen presented this item and provided an overview on the
December 5, 7, and 13, 2022 Accessory Marine Public Input Meetings. Staff is
requesting direction from the Town Commission on whether to provide the
proposed changes, in "concept" form, to the Planning Board for review and
recommendation or to move forward with this initiative in some other way as
prescribed by the Town Commission. It was recommended to provide the
proposed changes in “concept” form to the Planning Board for review and bring
it back to the Town Commission.
There was conversation about the public participates at the meetings. There was
low turnout at the meetings despite all the advertising.
11. NEW BUSINESS
A. Resolution 2023-002
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
relating to membership into the Florida Retirement System for the Fire Rescue
Employees, providing for conflicts; and providing for an effective date.
Mayor Hillman read the title of Resolution No. 2023-002.
MOTION: David/Moore - Moved to approve Resolution No. 2023-002 as
presented. Upon roll call: Commissioner David (Yes); Vice Mayor
Moore (Yes), Commissioner Stern (Yes), Commissioner Shoemaker
(Yes), and Mayor Hillman (Yes), which passed on a 5 to 0 vote.
B. Approval of Meeting Minutes
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Town Commission Meeting Minutes
Date: February 07, 2023 Page 5 of 7
January 17, 2023 - Commission Meeting Minutes
January 31, 2023 - Commission Special Minutes
MOTION: David/Stern – Moved to approve the January 17,2023 and January
31, 2023, which passed unanimously 5 to 0.
C. Consideration to approve and authorize the Town Manager to purchase one
(1) 2023 Ford Explorer XLT from Garber Fleet Sales through the Florida
Sheriffs Association (FSA) Cooperative Bid No. FSA22 -VEL30.0. in an
amount of $39,215.55 for the Building Department (ADDENDUM).
Town Manager Labadie presented this item and provided an overview of the
purchase.
MOTION: David/Moore - Moved to approve the purchase of one (1) 2023 Ford
Explorer XLT in an amount of $39,215.55, which passed
unanimously 5 to 0.
12. TOWN COMMISSION COMMENTS
Commissioner David Stern had no comments.
Commissioner Evalyn David had no comments.
Commissioner John Shoemaker commented about the City of Delray Beach
building a Fire Rescue Department at Anchor Park. He attended the Palm Beach
League of Cities meeting and extended an invitation to Commissioner Shirley
Johnson to attend the open house of the Fire Rescue Department. He also spoke
about an article in the Florida Trend.
Vice Mayor Natasha Moore commented on her presentation to the Financial
Advisory Board regarding the water rates. The Financial Advisory Board was
supportive of an eight percent (8%) rate increase.
Mayor Douglas Hillman commented on the water rate changes. He requested that
the Beach Presentation be put on the agenda for the February 21 2023 Town
Commission meeting.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia had no comments.
14. TOWN MANAGER’S REPORT
1. Department of Public Works/Capital Projects
2. City of Delray Beach Update
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Date: February 07, 2023 Page 6 of 7
3. Appropriations
Town Manager Labadie provided a report as follows:
A couple of wells failed at the W ater Plant, and they are working on getting them
replaced. There is a radiator issue with the generator that is being addressed.
The Fire Station and Lift Station appropriations requests will be rerun back, and
the reserves letter is being prepared for the Mayor to sign.
He mentioned a new House Bill 401 on sovereign immunity limits and how it
relates to tort regulations and will provide further updates if they decide to open
up tort reforms.
He spoke about temporary sign placement issues and encouraged those running
for office to speak Building Official Remus or Code Compliance Officer Osowsky
so parameters can be set to minimize confusion.
The Town’s Marine Unit is collecting data on incidents that occur on the water but
there has been there is nothing that has been officially started with the state on
the control of speeds in our portion of the intracoastal. A report from Chief
Hartman will be shared with the Town Commission.
Advertising and communication for the Natural Resources Preservation Advisory
Board Educational Outreach Event for Dune Management and Restoration will
continue to be sent out.
After a meeting with Delray Beach, the first push of data was sent over, it is
being analyzed. Finance Director DiLena is reaching out to obtain the missing
data and they are hopeful that they will be able to give some level of
recommendation to the Board based on what was submitted.
Mayor Hillman allowed public comments.
Mr. Jack Halpern of 4511 S. Ocean provided comments on the RRR project and
Milani Park.
Mayor Hillman indicated there is no update on Milani Park.
15. ADJOURNMENT
The meeting adjourned at 3:23 pm
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Date: February 07, 2023 Page 7 of 7
APPROVED February 7, 2023, Town Commission Meeting.
ATTEST: Douglas Hillman, Mayor
Transcribed by
Lanelda Gaskins and Jaclyn DeHart
02/021/2023
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes
are transcribed as a brief summary reflecting the event of this meeting. Verbatim
audio/video recordings are permanent records and are available on the Town’s Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 117
File Attachments for Item:
B. Consideration to approve and authorize the Mayor to execute a five-year agreement
with Flock Group, Inc. for the license Plate Recognition Cameras.
Page 118
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE February 21, 2023
SUBMITTED BY: Chief Craig Hartmann
SUBJECT: License Plate Recognition Cameras
SUMMARY:
The current License Plate Recognition camera system for the Town, which is several years
old, is now failing and is in immediate need of replacement.
The police department has researched a new LPR system and ha s identified Flock Group Inc.
to replace the existing system. The Flock data system is currently utilized by the department
for the in-car LPR camera system and a signed agreement is in place for data sharing through
the LPR data base of over 2,000 law enforcement agencies throughout the country that utilize
the Flock LPR system. Flock is deployed in several municipalities in the area and currently
provides LPR camera systems for the Delray Beach Police Department, which are monitored
for alerts through their dispatch center. This is important because Delray Beach Police
provides 24/7 communications/dispatch services for the town, and this gives our police
department around the clock monitoring that can immediately receive alerts from the national
database for felony vehicles.
Because Flock integrates with our AXON in-car camera systems and, is monitored 24/7 by
our communications/dispatch center, it is determined that Flock LPR systems is established
as a Town standard for expanding the LPR cameras and replacing the current fixed LPR
cameras. The Town has determined that this particular product is the only type that meets the
characteristic requirements for performance, consistency, and compatibility of the LPR
cameras and as such, makes direct acquisition via Section V. Sub-Section D. of the Town
Purchasing Policy.
Along with replacing the four fixed LPR cameras at the AIA entrances, four additional LPR
cameras will be installed at the entrance to the Town side streets at Highland Beach Dr.,
Bel Lido Dr., Bel Air Dr., and Russell Dr. Providing LPR coverage to secondary streets will
enhance the level of safety and security by detouring and/or solving crime.
Page 119
FISCAL IMPACT:
5 Year contract totaling $127,300. First year cost $27,700. The Agreement was reviewed by
the Town Attorney’s Office for legal sufficiency.
ATTACHMENTS:
Flock Group Inc Services Agreement – 5-year contract.
RECOMMENDATION:
Staff recommends the Commission approve the contract agreement with Flock Group Inc.
Page 120
Flock Group Inc. Order Form
This proposal expires in 30 days.
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and
the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”)
hereby incorporates and includes the “GOVERNMENT AGENCY CUSTOMER AGREEMENT” attached (the “Terms”) which describe and
set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other
things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).
Customer: FL - Highland Beach PD Contact Name: Gerardo Riccio
Address: 3614 S Ocean Blvd
Highland Beach, Florida 33487 Phone: (561) 266-5800
E-Mail:
griccio@highlandbeach.us
Expected Payment Method:
Billing Contact:
\FSBillingContact1\
\FSExpectedPaymentMethod1\ (if different than above)
Initial Term: 60 Pilot period: First 30 days of Initial Term; option to cancel contract
Renewal Term: 60 Months at no cost. Initial Term invoice due after Pilot period.
Billing Term: Annual payment due Net 30 per terms
and conditions
Billing Frequency: 1 year invoices broken into 3
payments. 1st invoice: All professional
services/implementation costs and 50% of Annual
Recurring Subtotal. 2nd Invoice: 25% of Annual
Recurring Subtotal. 3rd Invoice: 25% of Annual Recurring
Subtotal. Annual payment at annual subscription term date
invoiced for the remainder of subscription term after initial
12 months.
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Flock Group Inc. Order Form
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Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 8.00 $2,800.00
Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Flock Safety Advanced Search $2,500.00 1.00 $2,500.00
Falcon $2,500.00 8.00 $20,000.00
Extended data retention (Up to 1 Year) $300.00 8.00 $2,400.00
Subtotal Year 1: $27,700.00
Subscription Term: 60 Months
Annual Recurring Total: $24,900.00
Estimated Sales Tax: $0.00
Total Contract Amount: $127,300.00
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Flock Group Inc. Order Form
This proposal expires in 30 days.
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and
conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
Flock Group Inc Customer:
By: \FSSignature2\
By: \FSSignature1\
Name: \FSFullname2\
Name: \FSFullname1\
Title: \FSTitle2\
Title: \FSTitle1\
Date: \FSDateSigned2\
Date: \FSDateSigned1\
Page 123
Flock Group Inc. Order Form
This proposal expires in 30 days.
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a
place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or
government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together,
the “Parties”).
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates,
video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock
Services are capable of capturing audio, video, image, and recording data (“Footage”) and can provide notifications
to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”);
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock
provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive
Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or
bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Re play which is deleted
after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock
System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and
conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide
investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced
herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject
matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders,
correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this
Section 1.
1.1 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments,
sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or
materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available
on or submitted through the Wing Suite.
1.2 “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical
elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.3 . “Aggregated Data” means information that relates to a group or category of individuals, from which any
potential individuals’ personal identifying information has been permanently “anonymized” by commercially
available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal
entity) can no longer be identified directly or indirectly.
1.4 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using
the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.5 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock
Hardware, and/or other relevant Services required under this Agreement.
1.6 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance
with the terms of this Agreement.
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1.7 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flo ck Hardware or
Agency Hardware.
1.8 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the
Agency to self-install.
1.9 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and
any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock
Services.
1.10 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any
and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection
with the foregoing.
1.11 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle
Fingerprint™ technology to capture vehicular attributes.
1.12 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement
based on programmed audio events such as gunshots, breaking glass, and street racing.
1.13 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways
that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.
1.14 “Footage”means still images, video, audio and other data captured by the Flock Hardware or Agency
Hardware in the course of and provided via the Services.
1.15 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to
vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated
with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other
legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar
categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes
manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.16 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in
Section 1.19 below.
1.17 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock
Hardware, including any applicable installation of Embedded Software on Agency Hardware.
1.18 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the
Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar)
of this Agreement.
1.19 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for
automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.20 “Support Services” means Monitoring Services, as defined in Section 2.10 below.
1.21 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.
1.22 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Services, in accordance with the terms of this Agreement.
1.23 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of
Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing
Replay, alerts and other integrations.
1.24 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.
1.25 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint
Technology™ for license plate capture.
1.26 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and
downloadable content from Hot Lists integrated from third -party cameras.
1.27 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make,
color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non -exclusive,
non-transferable right to access the features and functions of the Services via the Web Interface during the Term,
solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on
the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.
Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).
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Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency
shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized
End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of
this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of
the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause
Authorized End Users to comply with such provisions. Floc k may use the services of one or more third parties to
deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell
phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End
Users. Warranties provided by said third Party service providers are the agency’s sole and exclusive remedy and
Flock’s sole and exclusive liability with regard to such third -Party services, including without limitation hosting the
web interface. Agency agrees to comply with any acceptable use policies and other terms of any third -Party service
provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-
exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely a s necessary for
Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-
exclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of
the Services as contemplated herein, and under Section 2.5 below.
2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non-
transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software
and interface.
2.4 Usage Restrictions.
2.4.1 Flock IP. The Permitted Purpose for usage of the Flock Hardware, Agency Hardware,
Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a
lawful criminal investigation by the appropriate government agency. Agency will not, and will not permit any
Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or
otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP
is compiled or interpreted, or apply any other process or procedure to derive the source code of any software
included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create
any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the
functionality or proper working of any of the Flock IP; (v) remov e, obscure, or alter any notice of any intellectual
property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services,
support, Flock Hardware, Documentation, or the Flock IP for anything other than the P ermitted Purpose; or (vii)
assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber,
Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.
2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and
that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex
products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper
with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure
period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of
the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be
subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock’s sole discretion. There are no implied rights.
2.6 Suspension.
2.6.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may
temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock
Service if Flock reasonably determines that (a) there is a threat or atta ck on any of the Flock IP by Agency; (b)
Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any
other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP f or fraudulent
or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the
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Services for anything other than the Permitted Purpose (“Service Suspension”). AgencyAgency shall not be entitled
to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.
2.6.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the
Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services
required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful,
or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a thi rd party; or (e) scheduled
or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide
written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock
Services. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as
reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for
any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any
Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not
caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term
will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day)
prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event
of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the
end of the Term.
2.7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to
performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and
positioning of the Flock Hardware for optimal license plate image capture, as conditions and locat ion allow. Flock
may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated
Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock
shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any
poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay
in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated
Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After
installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s then-
current list price for Reinstalls, as listed in the then-current Reinstall policy (available at
https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior
notice and provide approval for any such fees. These changes include but are not limited to re -positioning, adjusting
of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the
need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall
have full discretion on decision to reinstall Flock Hardware.
2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in
and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may
require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is
solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock
Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses
recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock
Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs,
and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes
including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or
hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock
Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in
connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered
drawings, rental of specialized equipment, or vehicles, third -party personnel (i.e. Traffic Control Officers,
Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency
Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may
provide the Agency with a temporary alternate location for installation pending the permitting pro cess. Once the
required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the
permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing,
Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this
Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully
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obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the
Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.7.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in
accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall
restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the
Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation
work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the
performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of
seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor
may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical
maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will
not provide installation services for Falcon Flex products.
2.7.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be
removed upon the natural expiration of this Agreement at no additional cost to Age ncy. Agency shall not perform
any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on
any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if mad e
by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s
default and Flock shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions,
including, without limit, asbestos, lead, toxic or flammable substances. In the event an y such hazardous materials
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall
have the right to cease work immediately in the area affected until such materials are removed or rendered harmles s.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of
Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services,
or the Designated Locations which may improve the performance or functionality of the Services or may improve
the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the
Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).
Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with
reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email
at support@flocksafety.com, at no additional cost. Notwithstanding anything to the contrary, Agency is solely
responsible for installation of Falcon Flex products. Agency further under stands and agrees that Flock will not
provide monitoring services or on-site services for Falcon Flex.
2.10 Special Terms. From time to time, Flock may offer certain Special Terms related to guarantees, service and
support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon
Agency’s prior written consent. To the extent that any terms of this Agreement are inconsistent or conflict with the
Special Terms, the Special Terms shall control.
2.11 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it
deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its
agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s
cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are
necessary from time to time and will not materially change any terms or condition s within this Agreement.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency
agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its
User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate
that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency
will not share its account or password with anyone and must protect the security o f its account and password. Unless
otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who
are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency -issued email
addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.
Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect
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to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but
not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency
personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its
obligations hereunder, including, without limitation, any obligations with respect to Support Services or any
Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use
the Services only in compliance with this Agreement and all applicable laws and regulations, including but not
limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock h as no
obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it
believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party
(the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose
business, technical or financial information relating to the Disclosing Pa rty’s business (hereinafter referred to as
“Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non -public
information regarding features, functionality and performance of the Services. Proprietary Information of Agency
includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency
Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and
environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to
protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own
proprietary information, but in no event will a Par ty apply less than reasonable precautions to protect such
Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein)
or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may
include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify
motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any
information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in
its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without
restriction by a third Party, or (d) was independently developed without use of any Proprietary Information of the
Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary
Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing
Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve
and/or disclose the Footage to law enforcement authorities, government officials, and/or third Parties, if legally
required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably
necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any
potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect
the rights, property or safety of Flock, its users, a third Party, or the public as required or permitted by law, including
respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal
obligations, but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are
retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license
to (i) use the Agency Data and perform all acts with respect to the Agency Dat a as may be necessary for Flock to
provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10
above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce,
modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data
(both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well
as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain
Aggregated Data as set forth below in Section 4.4. As between Agency and Non -Agency End Users that have
prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and
interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data
the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage o lder than thirty
(30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government
agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7)
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days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior
to deletion. Flock does not own and shall not sell Agency Data.
4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest
to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload,
display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite,
messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content,
ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall
retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency
understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property
rights to Agency Generated Data. To the extent legally per missible, Agency grants Flock a non-exclusive,
perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute
the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell
Agency Generated Data.
4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its ag ents and
representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or
resulting from any of the foregoing.
4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency
Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies,
including the training of machine learning algorithms. Agency hereby grants Flock a non -exclusive, worldwide,
perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to
improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock
offerings, and crime prevention efforts. Parties under stand that the aforementioned license is required for continuity
of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated
Data.
5. PAYMENT OF FEES
5.1. Fees. Agency shall pay the fees as set forth in the Order Form.
5.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by
providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term
(as applicable).
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices must be received by Flock thirty (30) days after the date of invoice. If Agency is a non -tax-exempt entity,
Agency shall be responsible for all applicable taxes associated with Services (for non -tax-exempt reasons). If
Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days
after the closing date on the first billing statement in which the error or problem appeared, to receive an adjustment
or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve
as a waiver of any claim Agency may have had due to such billing error.
6. TERM AND TERMINATION
6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the
“Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically
renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a
“Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the
end of the then-current term.
a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one
(1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party.
b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock
Hardware.
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c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware.
d. For Falcon Flex products: the Term shall commence upon execution of this Agreement.
6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this
Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective
immediately. Termination for convenience by Agency will result in a one -time removal fee of $500 per Flock
Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for
convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set
forth previously. Wing Suite products are not subject to refund for early termination. Flock will provide advanced
written notice and remove all Flock Hardware at Flock’s own convenie nce, within a commercially reasonable period
of time upon termination.
6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of
this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty
(30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if
the breaching Party has cured the breach prior to the expiration of such thirty (30) day peri od. Either Party may
terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency,
receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors,
or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach,
Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in
Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or
notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or
notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which
is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately
terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion,
can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate
any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.
6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3, 8 .4,
10.1 and 10.6.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must
notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock
shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering
from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of
remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection
and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency
notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock
Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or
damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then -current Reinstall
policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently
lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including
Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock
will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation
Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock
Hardware, Agency Hardware, or Service in any manner.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Services may be tempo rarily unavailable for scheduled
maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of
other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance noti ce in
writing or by e-mail of any scheduled service disruption.
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7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND
FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED
“AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE
EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably
commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause
beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war,
terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power
blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet
service providers or any other third Party acts or omissions. Force Maje ure includes the novel coronavirus Covid-19
pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR
IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME
PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE
SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NO T FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF
SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE
MENTIONED IN SECTION 10.6.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS
DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties
acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term
described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would
have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has
relied on these limitations in determining whether to provide the complementary No -Fee Term. The limitations set
forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this
Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers, agents, or employees.
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9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements
and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of
this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock
system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock
Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any
applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock
may do so and may prohibit any use of the Services it believes may be (or alleged to be) in vio lation of Section 3.1
or this Agreement.
10. MISCELLANEOUS
10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws,
regulations, policies and ordinances and their associated record retention schedules, including responding to any
subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or
government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.
10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provisi on will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect.
10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior
consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent,
(i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchase of all or substantially all of such Party's asset s
or to any successor by way of merger, consolidation or similar transaction.
10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy
(https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise
provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this
Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this
Agreement or any other terms and conditions, the terms of this Agreement shall prevail.
10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreeme nt
and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times
be and act as an independent contractor.
10.6 Governing Law: Venue. This Agreement shall be governed by the laws of the State in which the Agency is
located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency
is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in
its entirety from this Agreement.
10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and
trademarks and disclose the nature of the Services provided hereunder in each case in business and development and
marketing efforts, including without limitation on Flock’s website.
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Flock Group Inc. Order Form
This proposal expires in 30 days.
10.8 Export. Agency may not remove or export from the United States or allow the export or re -export of the Flock
IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation
(“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and
according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and
are deemed to be “commercial computer software” and “co mmercial computer software documentation.” Flock is
compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service
that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or
essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR
section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or
disclosure of such commercial software or commercial software documentation by the U.S. Government will be
governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by
the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated sections.
10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the Parties they are representing.
10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day
after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by
certified or registered mail, return receipt requested.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: legal@flocksafety.com
AGENCY NOTICES ADDRESS:
ADDRESS:
/FlockAgencyNoticeAddress1/
ATTN: /FlockAgencyNoticeAttention1/
EMAIL: /FlockAgencyNoticeEmail1/
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File Attachments for Item:
C. Resolution No. 2023-004
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
amending Resolution No. 2022-020, which appropriated funds for the 2022-2023 fiscal
year budget, and providing an effective date.
Page 135
RESOLUTION NO. 2023-004
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 2022-
020, WHICH APPROPRIATED FUNDS FOR THE 2022-2023 FISCAL
YEAR BUDGET, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Commission adopted its 2022-2023 Fiscal Year Budget
effective October 1, 2022; and
WHEREAS, the Town passed Resolution No. 2021-023 to establish, operate, and fund
a Highland Beach Fire and Rescue Department: and,
WHEREAS, the Town amended its Fund Balance Policy for the General Fund to
assign funds for the establishment of the Highland Beach Fire Rescue Department
Resolution No. 2022-005 fund balance policy; and,
WHEREAS, staff have estimated expenditures within the next ninety (90) days for
various vehicle equipment and installation, additional personnel (Through Year End), and
professional fees relating to the establishment of the Fire Rescue Department as set forth
in the attached Exhibit 1; and,
WHEREAS, the Town Commission has determined that it is in the best interest of the
residents of the Town of Highland Beach to amend the 2022-2023 Fiscal Year Budget
through the adjustments set forth in the attached Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct and are incorporated in this Resolution.
Section 2. That the Amendment of funding to the 2022-2023 Budget for the
Town’s General Fund Operations (Fund 001) for the Fiscal Year beginning October 1,
2022, and as set forth in Exhibit 1 is adopted and authorized as an Amendment to the
General Fund Operations of the Town of Highland Beach, Florida for Fiscal Year 2023.
Section 3. This Resolution shall become effective upon its passage and approval.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 21st day of February 2023.
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Resolution No. 2023-004
2
ATTEST: Douglas Hillman, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Douglas Hillman
Vice Mayor Natasha Moore
Commissioner Evalyn David
Commissioner John Shoemaker
Commissioner David Stern
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Resolution No. 2023-004
3
EXHIBIT 1
FUND 001 – GENERAL FUND OPERATIONS
AMENDMENT TO
FY 2023 OPERATING BUDGET
The following item is an amendment to the existing FY 2023 General Fund Budget to recognize an
additional Appropriation from Fire Rescue Reserve accompanied by an increase in the Machinery and
Equipment, Professional Services Insurance and Personnel Salary & Benefits expenditure.
REVENUES
Account Number Description Amount
001-310.000-389.900 Appropriation from Reserve $400,000
Total Revenues $400,000
EXPENDITURES
Account Number Description Amount
001-522.000-564.000 Machinery and Equipment $75,000
001-522.000-531.000 Professional Fees 54,000
001-522.000-512.000 Regular Salaries & Wages 130,000
001-522.000-521.000 FICA Taxes 16,000
001-522.000-522.000 Retirement Contribution 40,000
001-522.000-523.000 Health Insurance 35,000
001-522.000-545.000 Insurance & Bonds 25,000
001-519.300-545.000 Insurance & Bonds 25,000
Total Expenditures $400,000
Amount ($)*
Professional Services 54,000.00$
General Ins./Const Ins. 50,000.00
Personnel Salary & Benefits 221,000.00 Annualized through Year End
Equipment, Installations & Apparatuses 75,000.00
Total 400,000.00$
* Estimate
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