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2023.09.19_TC_Agenda_Regular1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA REVISED 09/19/2023 Tuesday, September 19, 2023 AT 1:30 PM LIBRARY COMMUNITY ROOM, 3618 S. OCEAN BLVD., HIGHLAND BEACH, FL Town Commission Natasha Moore Mayor David Stern Vice Mayor Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg 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. 2023-026 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing and commending Leland "Butch" Harpel for thirty years of service to the Town of Highland Beach. B. Palm Beach County Coastal Management Presentation 6. PUBLIC COMMENTS Public Comments will be limited to five (5) minutes per speaker. Page 1 Town Commission Meeting Agenda September 19, 2023 2 7. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, for a three-year term One (1) vacancy for an unexpired term ending September 21, 2024 Planning Board One (1) upcoming vacancy for an unexpired term ending September 2025 Meetings and Events September 21, 2023 9:30 A.M. Planning Board Regular Meeting September 21, 2023 5:01 P.M. Town Commission Special Second Public Hearing Budget Meeting October 03, 2023 1:30 PM Town Commission Meeting Board Action Report None. 8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) 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.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. Approval of Meeting Minutes August 15, 2023 Town Commission Meeting September 05, 2023 Town Commission Meeting September 05, 2023 Town Commission Special First Public Hearing Budget Meeting Page 2 Town Commission Meeting Agenda September 19, 2023 3 10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Fire Rescue Implementation Update B. Florida Department of Transportation (FDOT) RRR Project Update C. Building Department Recertification Program Update 11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Discussion on proposed referendum questions for the March 2024 election B. Milani Park Update C. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 3521 South Ocean Boulevard. D. Resolution No. 2023-016 / 3521 South Ocean Blvd. A Resolution of the Town Commission of the Town of Highland Beach, Florida, authorizing the Mayor to execute amendment number seven (7) of the State of Florida Department of Transportation (FDOT) District Four (4) Landscape Inclusive Memorandum of Agreement on behalf of the Town of Highland Beach, Florida and providing for an effective date. E. Approve and authorize the Mayor to execute contract with U.S. Water Service Corporation in an amount of $428,238.21 for Lift Station No. 3 Rehabilitation Project in accordance with Invitation to Bid (ITB) No. 23 -005. F. Discussion of the Financial Advisory Board's recommendation of New Purchasing Policy and Proposed Ordinance. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore 13. TOWN ATTORNEY’S REPORT 14. TOWN MANAGER’S REPORT Page 3 Town Commission Meeting Agenda September 19, 2023 4 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 4 O t O �.� LLJ co v , ♦t L= 1 I ' 1 � � t 1 Location ,. Location , Location N 47 miles of Atlantic coastline (Highland Beach -2.85mi) r • 33.6 miles critically eroded (>70%) 4 Inlets - Jupiter, Lake Worth, South Lake Worth, Boca Raton b. 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T 0 • ' Q W 75 Cl- U w 0 y w - 33,� x Ln, <• Ln o Q Q cQ rn 3 o Q � CD CD Q QL % t V) C ! Y 1 - k�•' y 1 1 ■�at � cs �■®Qcnr , . uj 'I'�71�3�171'���■ , an,r®To pm to pl. El CLL�J9p 1'y1ii d61e Y Rd6P�[FF , � 1 all I i8_.tiG rG.f File Attachments for Item: A. Resolution No. 2023-026 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing and commending Leland "Butch" Harpel for thirty years of service to the Town of Highland Beach. Page 5 RESOLUTION NO. 2023-026 A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, RECOGNIZING AND COMMENDING LELAND “BUTCH” HARPEL FOR THIRTY YEARS OF SERVICE TO THE TOWN OF HIGHLAND BEACH. WHEREAS, Leland Harpel embarked on his journey of dedicated service with the Town of Highland Beach on April 26, 1993, and has marked the significant milestone of thirty years of unwavering commitment to our community as of April 26, 2023; and WHEREAS, Leland was initially employed as an Electrician Operator Trainee in 1993, subsequently reclassified as an Operator in 1995, and ultimately reclassified to the esteemed position of Water Treatment Plant Operator in 2000, where he has consistently served with honor and distinction; and WHEREAS, Leland has a wide range of expertise within the realm of utilities encompassing of mechanical, electrical, and water treatment plant operations, thereby contributing immeasurably to the growth and success of our town; and WHEREAS, Leland, a proud graduate of Coral Springs High School, has pursued continuous professional development by actively participating in numerous educational conferences and seminars including the Florida Rural Water Association Seminars, the Dillon Water Treatment Class, the Southeast Desalting Association Symposiums, the Florida Water Resources Conference, and the California State University, Sacramento, Water Treatment Plant Operation, Volume One Course. He has also achieved the Class C Drinking Water Treatment Plant Operator certificate and the Southeast Desalting Association’s Reverse Osmosis certification; and, WHEREAS, Leland is respected for his ability to evaluate situations and make good decisions that are in compliance with the Town, County, State and Environmental Protection Agency standards. He has displayed outstanding teamwork and initiative in all aspects of his career and approach his work with a great attitude; and, WHEREAS, Leland has been a crucial member of t he Public Works Department, Water Treatment Plant Team and has made a significant impact to the Town of Highland Beach. Page 6 Resolution No. 2023-026 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, that we wholeheartedly extend our profound gratitude and sincere appreciation to Leland Harpel for his exceptional thirty years of dedicated service to the Town of Highland Beach. We wish Leland good health and an abundantly joyful retirement. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ____ day of _________, 2023. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Glen Torcivia, Town Attorney Town of Highland Beach VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Page 7 File Attachments for Item: A. Approval of Meeting Minutes August 15, 2023 Town Commission Meeting September 05, 2023 Town Commission Meeting September 05, 2023 Town Commission Special First Public Hearing Budget Meeting Page 8 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD. HIGHLAND BEACH, FL Date: August 15, 2023 Time: 1:30 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 1:30 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Leonard Rubin 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 Commissioner David moved Item 9.B., from Consent Agenda to Item 11.C. under New Business. Mayor Moore mentioned that Palm Beach County Supervisor of Elections, Wendy Sartory Link, will join the meeting by Zoom within 30 minutes. MOTION: David/Goldberg - Moved to approve the agenda as amended, which passed unanimously 5 to 0. Page 9 Town Commission Meeting Minutes Date: August 15, 2023 Page 2 of 7 5. PRESENTATIONS / PROCLAMATIONS A. Palm Beach County Supervisor of Elections Wendy Sartory Link Presentation Palm Beach County Supervisor of Elections, Wendy Sartory Link, joined at 2:00 P.M. and provided comments as it relates to the Canvassing Boards. Town Manager Labadie asked Supervisor Link about the St. Lucy Catholic Church polling location. Ms. Links explained that her staff may use Spanish River Park as a polling location or a location close to Highland Beach . She mentioned there is a countywide concern with polling locations. B. Resolution No. 2023-018 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing the Late Honorable Mayor Bernard Featherman for having served with distinction as a Commissioner of the Town of Highland Beach from March 11, 2011 through March 23, 2017. Mayor Moore presented Resolution No. 2023-018 and extended condolences to the Featherman family. The entire Town Commission expressed condolences to the Featherman family. MOTION: David/Goldberg - Moved to accept Resolution No. 2023-018 as presented, which passed unanimously 5 to 0. 6. PUBLIC COMMENTS There were no public comments. 7. ANNOUNCEMENTS Mayor Moore read the announcements as follows: Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, all for three-year terms and One (1) vacancy for an unexpired term ending September 21, 2024 Meetings and Events August 15, 2023 1:30 PM Town Commission Meeting August 24, 2023 1:30 P.M. Town Commission Special Meeting Page 10 Town Commission Meeting Minutes Date: August 15, 2023 Page 3 of 7 August 30, 2023 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting September 05, 2023 1:30 P.M. Town Commission Meeting September 05, 2023 5:01 P.M. Town Commission First Public Hearing Budget 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. August 1, 2023 Town Commission Meeting Minutes MOTION: Stern/David - Moved to approve the Consent Agenda, which passed unanimously 5 to 0. 10. UNFINISHED BUSINESS A. Fire Rescue Implementation Update Mayor Moore read the title of Item 10.A. Town Manager Labadie provided an update on Fire Rescue Implementation as follows: Recruiting process: 11 candidates are interviewing for Captain this week, 38 applicants have applied for firefighter paramedic, and 11 have applied for firefighter drivers. The Federal Department Identification Number (FDID) has been applied for which will allow for the seeking of grants for the Fire Department. The draft Operation Emergency/Non-Emergency Response Management Plan is being worked on and will be presented to the Town Commission at a future meeting. Phase two of the concrete pour has been completed and everything is running on schedule. Page 11 Town Commission Meeting Minutes Date: August 15, 2023 Page 4 of 7 Town staff plans to schedule meetings with the Condominium Managers/Presidents regarding fire safety. B. Florida Department of Transportation (FDOT) RRR Project Update Mayor Moore read the title of Item 10.B. Town Manager Labadie mentioned that the Town is in the process of disbursing a check to FDOT for the approved utility adjustments contract and that driveway replacements will be with in-kind materials. 11. NEW BUSINESS A. Approve and authorize the Town Manager to execute an Intergovernmental Agreement with the South Central Planning and Development Commission (SCPDC) for a government management software module collectively called MyGovernmentOnline (MGO) software. Mayor Moore read the title of Item 11. A. Building Official Jeffrey Remas presented this item and spoke about the MyGovernmentOnline (MGO) software (a regional authority/government agency in Louisiana). This company offers an 800 number to customers when they encounter an issue and is user-friendly software. It will take six months to build the software. Town Manager Labadie provided comments about the inspection software. There were conversations about integration of the software and running both software parallel during the integration. MyGovernmentOnline Software has been in use for 17 years and many other municipalities in Florida use it. MOTION: David/ Stern - Moved to approve and authorize the Town Manager to execute an Intergovernmental Agreement with SCPDC for a government management software module collectively called MyGovernmentOnline (MGO) software. The motion passed unanimously 5 to 0. B. Responsibilities and activities of the Canvassing Board Mayor Moore read the title of Item 11.B. Town Clerk Lanelda Gaskins presented this item. She explained a few years ago the Town Commission decided to maintain its own Municipal Canvassing Board which consists of the Town Clerk, Palm Beach County Supervisor of Elections, or designee, and one Commissioner who is not running in an election. She gave an overview of the responsibilities of the Municipal Canvassing Board. Page 12 Town Commission Meeting Minutes Date: August 15, 2023 Page 5 of 7 C. Approve and authorize the Mayor to execute a Professional Services Agreement with GFA International, Inc. dba Universal Engineering Services for the building inspections, plan review, code enforcement inspections and building official services for the Building Department according to the City of Lake Worth Beach Request for Proposal (RFP) #22-204. (Formally Item 9.B.) Mayor Moore read the title of Item 11.C Building Official Remas presented this item and explained that this was to extend their capabilities and give the Building Department more resources for inspections. Currently they only have one company to do building inspections, and this will allow them to have more qualified inspectors available. He mentioned that most municipalities contract with more than one company for inspections. There was discussion about how this would improve service turnaround time, qualifications of the company, and certifications of inspectors. Town Manager Labadie mentioned that the Town has been trying to hire their own building inspector to have in-house but thus far have not found someone. Motion: David/Stern – Moved to approve and authorize the Mayor to execute a Professional Services Agreement with GFA International, Inc. dba Universal Engineering Services for the building inspections, plan review, code enforcement inspections and building official services. The motion passed unanimously 5 to 0. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg attended the Florida League of Cities Annual conference last week along with entire Town Commission and it was a great conference. Commissioner Donald Peters thanked Jeff Remus for his presentation. Commissioner Evalyn David echoed Commissioners Goldberg and Peters. She mentioned that they were the only municipality that had every Commissioner in attendance at the convention. Vice Mayor David Stern commented that it was a good conference. Mayor Natasha Moore mentioned she received an email about a cellphone tower on top of the Monetary House condominium. Town Attorney Rubin explained that the Town does not have much ability to regulate cellphone towers. There were conversations about 5G, instantaneous d ata and the effects on people. Page 13 Town Commission Meeting Minutes Date: August 15, 2023 Page 6 of 7 The Town received a letter from Palm Beach County regarding Milani Park and their intent to move forward with a park. Town Manager Labadie explained that Palm Beach County has decided to move forward with Milani Park. He will be reaching out to the County Commission. There still is a willingness to keep the park small. 13. TOWN ATTORNEY’S REPORT A. Senate Bill 774 (Form 6) New Financial Disclosure Requirements for Local Officials Presentation Town Attorney Rubin provided a PowerPoint Presentation highlighting Senate Bill 774 (Form 6) New Financial Disclosure Requirements for Local Officials. 14. TOWN MANAGER’S REPORT Town Manager Labadie explained 18 months ago the Town commenced the building recertification process. Building Official Jeffrey Remas gave an update on the building recertification program as follows: Phase 1 reports are due by December 31, 2024. The total number of buildings in the milestone inspection report is 53. Dalton Place has completed the milestone inspection recertification. Notifications were started in December of 2021. Five (5) condominiums have submitted reports but are pending more information such as electrical or structural information. Three (3) condominiums are in the review process and have submitted structural and electrical reports. Nineteen (19) condominiums have not submitted reports within the due date. Notifications (and reminders) have been sent via regular mail, certified mail, and dropped off in person. Despite that some have claimed that they did not receive the notices. Vice Mayor Stern suggested that Building Official Remas make telephone calls to the condominiums. Page 14 Town Commission Meeting Minutes Date: August 15, 2023 Page 7 of 7 Town Manager Labadie explained that the below items will be presented at the August 24, 2023 Town Commission Special Meeting: Ratification of the Fraternal Order of Police (FOP) Union Agreement Employee Health Care Plan Adjustments to the Salary Tables Second Reading of the Fire Code Ordinance 15. ADJOURNMENT The meeting was adjourned at 3:18 P.M. APPROVED: October 03, 2023, Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Jaclyn DeHart and Lanelda Gaskins 10/03/2023 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 events 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 15 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD. HIGHLAND BEACH, FL Date: September 05, 2023 Time: 1:30 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 1:30 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission lead the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA MOTION: Stern/Goldberg - Moved to approve the agenda as presented, which passed unanimously 5 to 0. 5. PRESENTATIONS / PROCLAMATIONS A. Resolution No. 2023-019 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 Board of Adjustments and Appeals; and providing for an effective date. Mayor Moore read the title of Item 5.A. She mentioned that Ms. Eve Rosen no longer wanted to be reappointed to this board. Page 16 Town Commission Meeting Minutes Date: September 05, 2023 Page 2 of 7 Mr. Todd Weiss, the applicant, provided background information about himself and his interest in joining the Board. The Town Commission interviewed Mr. Weiss, followed by a motion. MOTION: David/Goldberg - Moved to approve Resolution No. 2023-019 as amended (appointing Mr. Todd Weiss) to the Board of Adjustment and Appeals Board. The motion passed unanimously 5 to 0. 6. PUBLIC COMMENTS Mr. Jack Halpern read a letter he had written dated December 12, 2005, regarding the Milani Property and Cultural Resources Assessment. 7. ANNOUNCEMENTS Mayor Moore read the announcements as follows: Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, all for three-year terms and One (1) vacancy for an unexpired term ending September 21, 2024 Meetings and Events September 05, 2023 5:01 P.M. Town Commission First Public Hearing Budget Meeting September 19, 2023 1:30 P.M. Town Commission Meeting September 21, 2023 9:30 A.M. Planning Board Regular Meeting September 21, 2023 5:01 P.M. Town Commission Special Second Public Hearing Budget Meeting Board Action Report None. 8. ORDINANCES A. None. Page 17 Town Commission Meeting Minutes Date: September 05, 2023 Page 3 of 7 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. Approval of Meeting Minutes August 24, 2023 Town Commission Special Meeting Minutes MOTION: David/Stern - Moved to approve the Consent Agenda as presented, which passed unanimously 5 to 0. 10. UNFINISHED BUSINESS A. Fire Rescue Implementation Update 1. Hurricane Preparation Manual Presentation Mayor Moore read the title of Item 10.A. Town Manager Labadie mentioned that the project is on schedule and on budget. Fire Chief Glenn Joseph provided an update on Fire Rescue Implementation as follows: Recruiting process: They have interviewed 11 applicants for fire captain; they have narrowed it down to 3 applicants that are undergoing background checks. They have 49 applicants for firefighters and 42 applicants passed all the elements. Fifteen driver candidates passed the elements. They are starting to rank the candidates for firefighter drivers and firefighter-paramedics to hopefully schedule interviews starting at the end of September. He attended the kickoff meeting today for the locution system. Assistant Fire Chief Matthew Welhalf commented on the Town's new Hurricane Preparation Manual. He spoke about the process of getting the letter and Hurricane Preparation Manual to the community and is putting together a plan for ongoing resident communication. Mayor Moore suggested printing out the manual. She also inquired about best practices for evacuation. Commissioner David talked about her best practices during hurricane season. There were conversations about meeting with condominium boards and managers. It was suggested t hat condo buildings should hand out the Hurricane Preparation Manual to their residents. B. Florida Department of Transportation (FDOT) RRR Project Update Mayor Moore read the title of Item 10.B. Town Manager Labadie mentioned that there were no new updates on this matter. Page 18 Town Commission Meeting Minutes Date: September 05, 2023 Page 4 of 7 C. Building Department Recertification Program Update Mayor Moore read the title of Item 10.C. Building Official Jeffrey Remas provided an update on the Building Department Recertification Program. 11. NEW BUSINESS A. Development Application No. 23-0003 / Le Sanctuaire Condominium Association, Inc. Consideration of an application for a major modification to an existing building, as provided in section 30-39 of the Town code of ordinances, including but not limited to changes to the exterior façade and balconi es for the property located at 3425 South Ocean Boulevard by Mark Rothenberg of Ellemar Enterprises, LLC. Mayor Moore read the title of Item 11.A. She asked the Town Commission if they had any ex parte communications, and there were none. Town Clerk, Lanelda Gaskins, swore in those giving testimony. Town Planner Allen provided a PowerPoint Presentation of Development Application No. 23-0003. Mayor Moore opened the public hearing. Chris Viegas commented that she was trying to get some sea oats and asked Mark Rothenberg if he would be willing to speak with Town Planner Allen or others regarding this matter. Mark Rothenberg mentioned that he was open to listening about sea oats. Hearing no further comments from the public, Mayor Moore closed public comments. MOTION: David/Peters - Moved to approve Development Application No. 23- 0003 as presented. Upon roll call: Commissioner David (Yes); Commissioner Peters (Yes); Commissioner Goldberg (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. B. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 4005 S Ocean Boulevard. Mayor Moore read the title of Item 11.B. Building Official Remas presented this item. Page 19 Town Commission Meeting Minutes Date: September 05, 2023 Page 5 of 7 MOTION: David/Goldberg - Moved to approve the Right-of-Way permit for the property located at 4005 S. Ocean Boulevard, which passed unanimously 5 to 0. C. Resolution No. 2023-024 A Resolution of the Town Commission of the Town of Highland Beach Florida, adopting Fiscal Year 2023-2024 Schedule of Fees which establishes reasonable fees for town services and other charges; providing for conflicts; and providing an effective date. Mayor Moore read the title of Resolution No. 2023-024. There was a suggestion to add "per month/unit" to Section VIII. b.) Multi -family curbside (4 units or less) and c.) Multi-family curbside (more than 4 units) to Exhibit C. MOTION: David/Goldberg - Moved to approve Resolution No. 2023-024 as amended. Upon roll call: Commissioner David (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. D. Discussion on past charter amendments and upcoming referendum questions. 1. Town Attorney Memorandum regarding Canvassing Board Town Attorney Torcivia spoke about the Canvassing Board. The Town Commission discussed several topics and suggested referendum questions as follows: 1. Increase the Spending Limitation 2. Canvassing Board 3. Capital Projects - Sewer Lining 4. Rehabilitation of the old Fire Station 5. Town Commission Salary Increase Town Manager Labadie and Town Attorney Torcivia will prepare referendum language for Town Commission to discuss at the September 19, 2023 meeting. Mayor Moore opened public comments. Page 20 Town Commission Meeting Minutes Date: September 05, 2023 Page 6 of 7 Mr. Jack Halpern commented on the referendum questions. He asked Mayor Moore to request a copy of the 2005 archaeological report and the public hearing in reference to Milani Park. Ms. Veigas talked about the referendum questions in regard to the number of questions on the ballot. Mr. Jason Chudnofsky mentioned that he has interviewed roughly 120 residents and has received positive feedback from the community about the positive changes in the community. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg agreed that the Town of Highland Beach is extraordinary, and the work the Town has done is adding to the enjoyment of residents’ lives. Commissioner Donald Peters thanked Jason Chudnofsky for being on the Planning Board. He attended the Natural Resource Preservation Board Meeting last week and thanked everyone on Boards for donating their time. Commissioner Evalyn David mentioned that everything she does is for the benefit of the Town, and she has seen many improvements in the Town. Vice Mayor David Stern thanked the residents for their public comments. Mayor Natasha Moore thanked the residents for their public comments and mentioned that it helps with engagement. She and Town Manager Labadie have a meeting with Palm Beach County Commissioner Marci Woodward tomorrow to talk about Milani Park. 13. TOWN ATTORNEY’S REPORT Town Attorney Torcivia had nothing to report. 14. TOWN MANAGER’S REPORT Town Manager Labadie mentioned that the budget will get better after next year once the Town has its own fire department and that the Town will no longer be paying for two departments at once. The March election will be held on Town Hall property, but parking will be limited. He is working on a plan with the Town Clerk for parking and it will be presented to the Town Commission at a future meeting. He encouraged residents to vote by mail or do early voting. Mayor Moore suggested pushing out early voting information to residents and encouraged residents to vote early. Page 21 Town Commission Meeting Minutes Date: September 05, 2023 Page 7 of 7 15. ADJOURNMENT The meeting adjourned at 3:33 P.M. APPROVED: September 19, 2023 Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Jaclyn DeHart and Lanelda Gaskins 09/19/2023 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 events 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 22 TOWN OF HIGHLAND BEACH TOWN COMMISSION SPECIAL FIRST PUBLIC HEARING BUDGET MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD. HIGHLAND BEACH, FL Date: September 05, 2023 Time: 5:01 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 5:02 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie 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: David/Stern - Moved to approve the agenda as presented, which passed unanimously 5 - 0. 5. PRESENTATIONS A. Recognition of State Awarded Appropriations for FY 2023-2024 Proclamation Mayor Moore read the above-referenced proclamation. Florida State Representative Peggy Gossett-Seidman, District 91, was present to accept this proclamation. State Representative Gossett-Seidman presented the Town Commission with a large display check from the State of Florida and a photograph was taken. In addition, State Representative Gossett-Seidman provided comments regarding this matter. Page 23 Town Commission Special First Public Hearing Budget Meeting Minutes Date: September 05, 2023 Page 2 of 4 B. State Legislative Updates State Representative Peggy Gossett-Seidman, District 91 Lobbyist Jarred Rosenstein, Capital City Consulting, spoke about a memorandum he prepared regarding the 2024 Legislative Budget Priorities. He indicated that the State is more likely to approve water and road projects. He suggested that the Town Commission focus on the water and road projects such as sewer lining. He also suggested the Town Commission select one or two projects. He provided a list of projects that were vetoed by Governor Ron DeSantis. Town Manager Labadie asked the Town Commission if they would be comfortable with moving forward with securing dollars for the sewer project. The Town Commission agreed that the sewer project should be first. There was discussion about trying to get funding for more than one project such as the Bel Lido Bridge Project or the Lift Station Project. The Town Manager will work with Mr. Rosenstein on a second project to present at a later meeting. C. Fiscal Year 2023-2024 Proposed Final Budget Mayor Moore read the title of Item 5.C. Finance Director David DiLena provided a PowerPoint presentation highlighting Fiscal Year 2023 Budget updates. 6. FIRST READINGS / PUBLIC HEARINGS: A. Resolution No. 2023-021 A Resolution of the Town Commission of the Town of Highland Beach, Florida, amending the Fiscal Year 2023-2024 Schedule of Fees for the purpose of increasing water and sewer rates; providing for conflicts; and providing an effective date. Mayor Moore read the title of Resolution No. 2023-021. Finance Director DiLena presented this item. Mr. DiLena explained the rate increases in regard to inflation. He reviewed historical rate increases, five-year water plan, realized water usage, base fees, revenue data, fund balances, and sewer revenue. There was discussion about building up the fund balance. Mr. DiLena mentioned the Town gave notice to all residents informing them about the first public hearing budget meeting today. He explained that the water and sewer rates will go into effect on October 1, 2023 and it will be reflected on the December bill. Page 24 Town Commission Special First Public Hearing Budget Meeting Minutes Date: September 05, 2023 Page 3 of 4 Mayor Moore opened the item for public comments. Hearing none, she closed public comments. MOTION: David/Stern - Moved to approve Resolution No. 2023-021. Upon roll call: Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. B. Resolution No. 2023-022 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Millage Rate of 3.4182 Mils for the Town’s General Operating Funds for the fiscal year beginning October 1, 2023, and ending September 30, 2024; providing that the Final Millage Rate of 3.4182 Mils is 19.3006 percent greater than the computed rolled back rate of 2.8652 Mils; providing for severability, conflicts, and an effective date. Mayor Moore read the title of Resolution No. 2023-022. She mentioned that this item has been thoroughly reviewed by the Town Commission. Mayor Moore opened the item for public comments. Hearing none, she closed public comments. MOTION: David/Goldberg - Moved to approve Resolution No. 2023- 022. Based on roll call: Commissioner David (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. C. Resolution No. 2023-023 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024; determining and fixing the amounts necessary to carry on the government of the Town for the ensuing year; providing for severability, conflicts, and an effective date. Mayor Moore read the title of Resolution No. 2023-023. There were no public comments on this item. MOTION: David/Goldberg - Moved to approve Resolution No. 2023- 023. Based on roll call: Commissioner David (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. 7. TOWN ATTORNEY'S REPORTS The Town Attorney was not present. Page 25 Town Commission Special First Public Hearing Budget Meeting Minutes Date: September 05, 2023 Page 4 of 4 8. TOWN MANAGER'S REPORTS Town Manager Labadie announced that the Town Commission will meet on September 21, 2023 at 5:01 P.M. for the second reading. 9. COMMISSION MEETINGS September 21, 2023 5:01 P.M. Town Commission Second Public Hearing Budget Meeting 10. ADJOURNMENT The meeting adjourned 6:08 P.M. APPROVED: September 19, 2023 Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Jaclyn DeHart and Lanelda Gaskins 09/19/2023 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 events 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 26 File Attachments for Item: A. Discussion on proposed referendum questions for the March 2024 election Page 27 Potential Referendum Ballot Titles and Summaries 1. Referendum No. 1: Ballot title. The ballot title which is the subject of this Referendum shall be captioned as “Funding and Implementation of Sanitary Sewer Lining Project.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT A TOWN-WIDE SANITARY SEWER LINING PROJECT FOR A NOT TO EXCEED COST OF $3.5 MILLION DOLLARS TO HELP REPAIR AND PREVENT STRUCTURAL DAMAGES TO THE SEWER LINES? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 2. Referendum No. 2: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Funding Limitation.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: RECOGNIZING THE INCREASE IN THE COSTS OF MUNICIPAL OPERATIONS OVER THE LAST THIRTY YEARS, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF PUBLIC STREETS, STORMWATER SYSTEMS, PARKS, AND SEWER SYSTEMS, SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 2.01(30) TO AUTHORIZE AN INCREASE IN THE FUNDING LIMIT FROM $350,000 TO $____________________________ FOR TOWN PROJECTS AND THE EXTENSION OF TOWN SERVICES? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 3. Referendum No. 3: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Rehabilitation of Old Town Fire Station for Community Use.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: Page 28 2 SHALL THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT THE REHABILITATION OF THE TOWN’S OLD FIRE STATION FOR USE AS AN OUTDOOR COMMUNITY AREA PROJECT AT A NOT TO EXCEED COST OF $1 MILLION DOLLARS? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 4. Referendum No. 4: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Use of Palm Beach County Countywide Canvassing Board .” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO DELEGATE CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 5. Referendum No. 5: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Limitation on Increases in Salaries for Mayor and Commissioners.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 3.05 TO PROVIDE THAT THE SALARIES OF THE MAYOR AND COMMISSIONERS MAY NOT BE INCREASED MORE THAN 5% IN ANY SINGLE FISCAL YEAR? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) Page 29 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE September 19, 2023 SUBMITTED BY: Town Manager’s Office SUBJECT: Discussion on proposed referendum questions for the March 2024 election SUMMARY: At the September 5, 2023, Commission meeting, the Commission discussed adding referendum questions to the March election ballot. The Commission directed the Town Manager and Town Attorney to provide draft language for the following five topics: 1. Funding and implementation of sanitary sewer lining project. 2. Funding limitation. 3. Rehabilitation of old Town Fire Station for community use. 4. Use of Palm Beach County Countywide Canvassing Board. 5. Limitation on increases in salaries for Mayor and Commissioners. It is important to keep in mind if the Commission decides to include referendum questions on the March election ballot, there must be two reads of an ordinance approving the final language. This language must be submitted to the Supervisor of Election’s (S OE) office no later than Friday, December 15, 2023. Please note, this date is subject to change per the SOE. FISCAL IMPACT: N/A ATTACHMENTS: Potential Referendum Ballot Titles and Summaries RECOMMENDATION: Commission discussion. Page 30 File Attachments for Item: B. Milani Park Update Page 31 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE 09/19/2023 SUBMITTED BY: Mayor Natasha Moore SUBJECT: Milani Park Update SUMMARY: We would like to provide an update from our meeting with Palm Beach County Commissioner Marci Woodward (District 4) on September 6th. Palm Beach County would like to hold a public outreach meeting about Milani Park sometime during the weeks of January 22, 2024 and January 29, 2024, at the Highland Beach Library. We need to pick a specific date that works for us. At this meeting, the County will have a short presentation and then the public will be able to make comments. FISCAL IMPACT: N/A ATTACHMENTS: July 27, 2023 Letter from Palm Beach County ref. Cam D. Milani Park Palm Beach County Milani Park Addendum Stipulated Settlement Agreement Palm Beach County Milani Park Stipulated Settlement Agreement Resolution No. 09-004 R Special Exception Application of Palm Beach County RECOMMENDATION: Town Commission discretion. Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 File Attachments for Item: C. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 3521 South Ocean Boulevard. Page 84 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE September 19, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Request for a Town of Highland Beach Right-of-W ay (ROW ) permit for the property located at 3521 South Ocean Boulevard SUMMARY: On December 7, 2021, the Town Commission adopted Ordinance No. 2021 -018 which provides for the protection of the public ROW while also allowing certain improvements. Pursuant to Section 25-1 of the Town Code, it shall be unlawful to construct improvements or install new trees in new locations within the public ROW including swales without first obtaining a Town ROW permit from the Building Department unless waived or otherwise determined as not required by the Town’s Public Works Director. At the same Town Commission meeting, Resolution No. 2021-041 was adopted which requires Town Commission approval of ROW permits for construction of improvements or placement of trees in new locations within State Road A1A ROW . The latter approval is applicable until the Florida Department of Transportation’s (FDOT) Resurfacing, Restoration and Rehabilitation Project (“RRR Project”) is completed. The Applicant is proposing a new single driveway and has received a driveway connection permit (Permit No. 2023-A-496-00010) from FDOT (Attachment No. 1). The Town’s Public Works Director, Pat Roman, has indicated that the driveway plan submitted as part of the FDOT permit does not conflict with existing Town utilities. Concurrent with this request for a Town ROW permit, is an amendment to FDOT’s Landscape Inclusive Memorandum of Agreement (“Agreement”) for the same property. This amend ment to the Agreement is for the purpose of maintaining new landscape improvements installed in FDOT’s ROW along State Road A1A adjacent to subject property. Note that on July 13, 2023, the Planning Board granted site plan approval (Development Order No. 22-0017) for a new three-story, 3,997 square foot single family residence at the property (motion carried 7-0). FISCAL IMPACT: N/A Page 85 ATTACHMENTS: Attachment No. 1 - FDOT driveway connection permit (No. 2023-A-496-00010). RECOMMENDATION: At the discretion of the Town Commission. Page 86 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY CONNECTION PERMIT FOR ALL CATEGORIES Access Classification: See following pages for General and Special Provisions PART 1: PERMIT INFORMATION APPLICATION NUMBER: Permit Category: Project: Permittee: Section/Mile Post: State Road: Section/Mile Post: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Permittee Mailing Address: City, State, Zip: Telephone: Engineer/Consultant/or Project Manager: Engineer responsible for construction inspection: NAME P.E. # Mailing Address: City, State, Zip: Telephone: PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: Department of Transportation Title: Special provisions attached Date of Issuance: Signature: Department Representative's Printed Name Temporary Permit (If temporary, this permit is only valid for 6 months) If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be extended by the Department as specified in 14-96.007(6). SYSTEMS PLANNING - 06/06 850-040-18 NOYES NOYES Page 1 of 3 Rule 14-96, F.A.C. FAX, Mobile Phone, etc. 2023-A-496-00010 MARK HUNLEY Proposed Residence, 3521 S Ocean Blvd, Highland Bch MAINTENANCE MANAGER/PERMITS 2023-A-496-00010 MARK HUNLEY 4 Eugene Kissner 4 / Hollywood, Florida 33021 / (954) 809-9802 ext. ______ 2528 N 38th Ave 4/11/2023 A - less than 20 VTPD Fax: / Mobile: Eugene Kissner Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 87 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: , Attention: 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection construction. 3. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.4. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12.Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. SYSTEMS PLANNING - 06/06 850-040-18 Page 2 of 3 Rule 14-96, F.A.C. 7863146067 Paul Donovan Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 88 NOYES OTHER SPECIAL PROVISIONS: PART 5: SPECIAL PROVISIONS NON-CONFORMING CONNECTIONS: If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Special Provisions" below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57 (1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 1. The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 2. 3. 4. 5. 6. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. An explanation of how your substantial interests will be affected by the action described in the Notice; A statement of when and how you received the Notice; A statement of all disputed issues of material fact. If there are none, you must so indicate; A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action; A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed action. SYSTEMS PLANNING - 06/06 850-040-18 Page 3 of 3 Rule 14-96, F.A.C. 4 SEE ATTACHMENT 'A' Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 89 Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RECEIPT OF CONNECTION APPLICATION AND FEE (OR WAIVER OF FEE) 850-040-16 SYSTEMS PLANNING 06/17 (1) APPLICATION NUMBER: APPLICANT: (2) Name/Address: (3) Project Name: VEHICLES PER DAY FEE (4) Fee Category A 1-20 $50.00 Category B 21-600 $250.00 Category C 601-1,200 $1,000.00 Category D 1,201-4,000 $2,000.00 Category E 4,001-10,000 $3,000.00 Category F 10,001-30,000 $4,000.00 Category G 30,001 + $5,000.00 Temporary $250.00 Safety NO FEE Government Entity NO FEE (5) Application Fee Collected $ Payment Type: Money Order Check (check number ) Cash Credit Card (online only) (6) Fee Collected By Name (PRINT) Signature Date District Unit (7) Receipt Given Back to Applicant Via Hand Delivery Mail Courier Service Other Electronically Applicant (or Agent) Signature (if available) This form bears your application number and serves as your receipt. (8) If fee is waived, give justification below or on separate sheet. FOR AGENCY USE ONLY – ATTACH COPY OF CHECK ON THE NEXT PAGE Make Checks payable to: State of Florida Department of Transportation IMPORTANT NOTE: Even though your application has been accepted, it may not be complete. We will contact you if more information is needed. 2528 N 38th Ave MARK HUNLEY MARK HUNLEY 50.0 4 Hollywood, Florida 33021 4 2023-A-496-00010 One-Stop Permitting 4 One-Stop Permitting 2/23/2023 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 90 TO\ryN OF'MGHLAND tsEACH B,uilding Department 3616 South Ocean.Btvtt., Ilighland Beach, Florida 334g7tyebsite: Nwty.hi(ltlfrttlbeath.us ?hone: s6l_278-4540 Fax; 5il -27s-2606 AUTHORIZED AGENT AFFIDAVIT ' 3?qgg4 ouo, sMltf:"##I:,t*'lt, ea ' \p\rLr vLtur tJt ycl.- ,-Le ttre prqjcrry brvner, hereby grant authorization to;#€f ffiii ;;;, ;i;;i ;;;i"r,ii #,rh.^ r.,*ffi fiffi i#Beach Buitdios Deparm"nt wr,,Eiouauc,r,i! ".ii,G .?i#iil;;;;d;"#;iilil ,""#:J] ", fi,"*';:l"l*":,:":o*:f:*:*,:l*i ;i,il",ffi Gffi ffiiilIill ffi fi Ji:&lXlfffiff [ iiililf;terminate any such ofProperly Owner ignature ofA ir.izcd Agent 'f **P]EASIN NOTIi: tsOTH SIcNATIJnns MUST rlE NOTARTZDD*^.* \orary for Prop!r.tv Olvncr Slgtratul,c; St[te of county or {|clH-Srr$ tboriacd Agont's Slguaturci ffi'*.,#";;uEffir"l: l$lLfl Si.iredrs ttint, fype, or stan-[f6,ue- oFi\itty :1,"1j:::::yj:,1-'.!tTo",";ilrstr"'ats"a;hB"ri;"Jij;i,",,i.,"]iiu,",il,;:,?l,i,ffi",i#'fii . My Commlsslon Exirlres Augset 3t. 2O2Z Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 91 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 92 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 93 3521 STATE ROAD A-1-A43.75 40.16 98.16' N 89 28' 19"E 290 +/-S 01 18'33"W 59.98'N 00 58'48"E 60.00NORTH 120 FEET158.34'N 04 15'49"E 60.21'N 89 28' 19"E 297.34 LEGEND CIVIL PLANS FOR:PROPOSED RESIDENCE3521 S. OCEAN BLVDHIGHLAND BEACH, FLORIDAFlorida PE # 87358 Andre M. Webster, P.E.www.cec-fl.comandre@cec-fl.comNo: Revisions: Date:Phone: 561-847-03988195 WHITE ROCK CIRCLEBOYNTON BEACH, FL 33436CERTIFICATE OF AUTHORIZATION #33369Project #:22-074 Issue Date:08/09/22 Drawn By:AMW Chkd By:AMW Scale:As Shown C-1 DRAINAGE & GRADING PLAN N DRAINAGE & GRADING PLAN Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 94 NYLOPLAST DUCTILE IRON CIVIL PLANS FOR:PROPOSED RESIDENCE3521 S. OCEAN BLVDHIGHLAND BEACH, FLORIDAFlorida PE # 87358 Andre M. Webster, P.E.www.cec-fl.comandre@cec-fl.comNo: Revisions: Date:Phone: 561-847-03988195 WHITE ROCK CIRCLEBOYNTON BEACH, FL 33436CERTIFICATE OF AUTHORIZATION #33369Project #:22-074 Issue Date:08/09/22 Drawn By:AMW Chkd By:AMW Scale:As Shown C-2 DRAINAGE & GRADING DETAILS PROPOSED BEACH HOUSE 1160 N OCEAN DRIVE PALM BEACH, FLORIDA STORMWATER MANAGEMENT CALCULATIONS SITE PLAN DATA Total Lot Area = 7,964 sq. ft. 6 Impervious Area (footprint, drive, walkways, pool, decking) = 1,364 sq.ft. 6 Pervious Area = 6,600 sq.ft. 6 ESTIMATED RUNOFF VOLUME Impervious Runoff Volume: 2" x 1,364 sq.ft. x 1 ft./12 in. = 227 cu.ft. Pervious Runoff Volume: 0.4" x 6,600 sq.ft. x 1 ft./12 in. = 220 cu.ft. Total Volume to be Retained = 447 cu.ft. EXFILTRATION TRENCH CALCULATIONS (SFWMD ANALYSIS) EXFILTRATION TRENCH L = Total Length of Trench Provided = 10 ft W = Trench Width = 4 ft K = Hydraulic Conductivity = 0.0005 cfs/sq.ft. per ft. of head H2 = Depth to Water Table = 4.00 ft DU = Non-Saturated Trench Depth = 4.00 ft DS = Saturated Trench Depth = 0.00 ft V = Volume Treated = 662 cu.ft. Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 95 3521 STATE ROAD A-1-A43.75 40.16 98.16' N 89 28' 19"E 290 +/-S 01 18'33"W 59.98'N 00 58'48"E 60.00NORTH 120 FEET158.34'N 04 15'49"E 60.21'N 89 28' 19"E 297.34 S 00 55'42"E 1632.80'LEGEND CIVIL PLANS FOR:PROPOSED RESIDENCE3521 S. OCEAN BLVDHIGHLAND BEACH, FLORIDAFlorida PE # 87358 Andre M. Webster, P.E.www.cec-fl.comandre@cec-fl.comNo: Revisions: Date:Phone: 561-847-03988195 WHITE ROCK CIRCLEBOYNTON BEACH, FL 33436CERTIFICATE OF AUTHORIZATION #33369Project #:22-074 Issue Date:08/09/22 Drawn By:AMW Chkd By:AMW Scale:As Shown EW-1 CUT/FILL PLAN N EARTHWORK PLAN EARTHWORK ESTIMATE FOR EXCAVATION & FILL EASTWARD OF CCCL FOR NEW PROJECT PLANS Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 96 Renner Burgess LAND SURVEYINGATLANTIC OCEAN3521 STATE ROAD A-1-ACOASTAL CONSTRUCTION CONTROL LINEPALM BEACH COUNTY PB. 80 PG. 13743.7595.25'40.1698.16'N 89 28' 19"E 290 +/-S 01 18'33"W 59.98' N 00 58'48"E 60.00 PORTION OF GOVERNMENT LOT 4NORTH 120 FEET SOUTH 770 FEETSECTION 33 TOWNSHIP 46 SOUTH RANGE 43 EASTSOUTH LINE OF GOVERNMENT LOT 4PORTION OF GOVERNMENT LOT 4PORTION OF GOVERNMENT LOT 4151.64'158.34'N 04 15'49"E 60.21' S 07 39'48" W 6 0 . 5 2 'N 89 28' 19"E 297.34R-199 PM BH198993-89-A21S 00 55'42"E 1632.80' N 1 8 1 6 ' 3 1 " E 7 5 9 . 7 8 3519 SO OCEAN BLVD LLCPROPERTY CONTAINS 17,613 SQUARE FEET 0.40 ACRESPROPERTY AREA WAS TAKEN TO MEAN HIGH WATER LINEAS SHOWN HEREONApproved2023-A-496-00010Eugene Kissner4/11/2023Page 97 x 17.66x 17.51Approved 2023-A-496-00010 Eugene Kissner 4/11/2023 Digitally signed by Mark Hunley Date: 2023.02.23 13:24:58 -05'00' Page 98 Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 1 of 3 PART 1: PERMIT INFORMATION Application Number: 2023-A-496-00010 Permit Category: A Access Classification: Single Family Project: Proposed Residence, 3521 S Ocean Blvd, Highland Bch Permittee: 3519 So Ocean Blvd LLC Section/Mile Post: State Road: A1A Section/Mile Post: State Road: A1A PART 2: PERMITTEE INFORMATION Permittee Name: Mark Hunley Permittee Mailing Address: 2528 N 38th Ave City, State, Zip: Hollywood, FL 33021 Telephone: 954-809-9802 Engineer/Consultant/or Project Manager: Mark Hunley Engineer responsible for construction inspection: Mark Hunley Architect - AR99784 NAME P.E. # Mailing Address: 2528 N 38th Ave City, State, Zip: Hollywood, FL 33021 Telephone: 954-809-9802 Mobile Phone: 954-809-9802 PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: Department of Transportation Signature: Title: Department Representative’s Name: Temporary Permit: YES NO (If temporary, this permit is only valid for 6 months) Special provisions attached: YES NO Date of Issuance: If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be extended by the Department as specific in 14-96.007(6). See following pages for General and Special Provisions Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 99 Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 2 of 3 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: , Attention: 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection of construction. 3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements. 5. All work performed in the Department’s right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee’s land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department’s continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12.Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department’s right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility, except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 100 Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 3 of 3 PART 5: SPECIAL PROVISIONS NON-CONFORMING CONNECTIONS: YES NO If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in “Other Special Provisions” below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. OTHER SPECIAL PROVISIONS: PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency’s proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency’s proposed action; 6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency’s proposed action. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 101 Image capture: Mar 2021 © 2023 Google Highland Beach, Florida Google Street View Mar 2021 See more dates 3521 S Ocean Blvd Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 102 Image capture: Mar 2021 © 2023 Google Highland Beach, Florida Google Street View Mar 2021 See more dates 3521 S Ocean Blvd Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 103 Image capture: Mar 2021 © 2023 Google Highland Beach, Florida Google Street View Mar 2021 See more dates 3519 S Ocean Blvd Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 104 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 105 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 106 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 107 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 108 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 109 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 110 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 111 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 112 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 113 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 114 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 115 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 116 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 117 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 118 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 119 Approved 2023-A-496-00010 Eugene Kissner 4/11/2023Page 120 File Attachments for Item: D. Resolution No. 2023-016 / 3521 South Ocean Blvd. A Resolution of the Town Commission of the Town of Highland Beach, Florida, authorizing the Mayor to execute amendment number seven (7) of the State of Florida Department of Transportation (FDOT) District Four (4) Landscape Inclusive Memorandum of Agreement on behalf of the Town of Highland Beach, Florida and providing for an effective date.  Page 121 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE September 19, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Amendment Number Seven (7) to the Florida Department of Transportation’s Landscape Inclusive Memorandum of Agreement for the property located 3521 South Ocean Boulevard SUMMARY: On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement (“Agreement”) for the purpose of maintaining landscape improvements on State Road A1A (South Ocean Boulevard). Since the execution of this Agreement, there have been six (6) amendments to the Agreement as follows: AMENDMENT NUMBER LOCATION FDOT PERMIT NO. DATE OF EXECUTED AMENDMENT 1 3615 S. Ocean Blvd. 2019-L-496-00005 February 5, 2020 2 Several (crosswalks) 2020-L-496-00002 February 19, 2020 3 2352 S. Ocean Blvd. 2020-L-496-00005 December 21, 2020 4 2500 S. Ocean Blvd. 2021-L-496-00004 January 21, 2022 5 4005 S. Ocean Blvd. 2022-L-496-00008 September 13, 2022 6 3805 S. Ocean Blvd. 2023-L-496-00004 August 26, 2023 Landscaping improvements are proposed to be installed in FDOT’s Right-of-Way (ROW) along State Road A1A at 3521 South Ocean Boulevard and therefore an amendment (No. 7) to the Agreement is required. While this amendment to the Agreement indicates that the Town will maintain the additional landscape improvements, Section 28 -10(a) of the Town Code of Page 122 Ordinances, requires the property owner to be responsible for the maintenance of all landscaping on adjacent public rights-of way as follows: Sec. 28-10. - Maintenance standards for cultivated landscape areas. (a) General: The owner, and/or lessee of land subject to this chapter shall be responsible for the maintenance of all landscaping located on their property and on adjacent public rights-of-way, which shall be maintained in good condition so as to present a healthy, neat and orderly landscape area which shall include, but not be limited to, weeding, mulching, fertilizing, pruning, mowing, and edging as generally set forth in this section. At the July 13, 2023 Planning Board (“Board”) meeting, the Board granted site plan approval for a new three-story, 3,997 square foot single family residence at the property (Development Order No. 22-0012). This site plan approval included a landscape plan for the property and the adjacent FDOT ROW . The ROW landscaping approved by the Board is consistent with the ROW landscaping plan approved by FDOT via permit number 2023-L-496-00006 (Note that FDOT conditionally approved the ROW landscaping subject to approval by the Town Commission). It is worth noting that aside from specimen or historic trees, Section 20-124(a) of the Town Code exempts single-family homes from the tree removal regulations of Chapter 20, Article IV (Resource Protection Standards). FISCAL IMPACT: N/A ATTACHMENTS: Aerials Resolution Amendment Number seven (7) to FDOT Landscape Inclusive Memorandum of Agreement. FDOT Inclusive Landscape Maintenance Memorandum of Agreement – July 20, 2017. RECOMMENDATION: At the discretion of the Town Commission Page 123 352 1 South Ocea n Blvd. Palm Beach Cou ntyNoneJune 2 0, 2 02 3 0 0 .0 095 0.0 190.00 4 75 m i 0 0 .0 1 5 0.030.007 5 km 1:576 Page 124 3521 South Ocean Blvd (Front)01/09/2023SUBJECT PROPERTYPage 125 TOWN OF HIGHLAND BEACH RESOLUTION NO. 2023-025 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER SEVEN (7) TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT FOUR (4) LANDSCAPE INCLUSIVE MEMORANDOM OF AGREEMENT ON BEHALF OF THE TOWN OF HIGHLAND BEACH, FL ORIDA AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 20, 2017, the Town of Highland Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT), District four (4), for the purpose of maintaining landscape improvements by the Town on State Road A1A (South Ocean Boulevard); and WHEREAS, since the execution of the Landscape Inclusive Maintenance Memorandum of Agreement, there have been six (6) amendments to the Agreement which were executed on February 5, 2020 (FDOT Permit No. 2019-L-496-00005), February 19, 2020 (FDOT Permit No. 2020-L-496-00002), December 21, 2020 (FDOT Permit No. 2020-L-496-00005), January 21, 2022 (FDOT Permit No. 2021-L-496-00004), September 13, 2022 (FDOT Permit No. 2022-L- 496-0008), and August 26, 2023 (FDOT Permit No. 2023-L-496-00004) respectively; and WHEREAS, new landscaping improvements (FDOT Permit No. 2023-L-496-00006) are proposed to be installed in the right-of-way of State Road A1A at 3521 South Ocean Boulevard; and WHEREAS, these new landscaping improvements, as noted above, require an amendment to the Landscape Inclusive Maintenance Memorandum of Agreement whereby the Town and FDOT agree to the installation of the improvements at 3521 South Ocean Boulevard; and WHEREAS, the purpose of this Resolution is to authorize the Mayor to execute on behalf of the Town, the amendment to the Landscape Inclusive Maintenance Memorandum of Agreement attached to this Resolution; and Page 126 Resolution No. 2023-025 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitations set forth above are true, accurate and correct and are incorporated herein. Section 2. That the Mayor is authorized to execute amendment number seven (7) to the State of Florida Department of Transportation Landscape Inclusive Memorandum of Agreement attached to this Resolution and made a part hereof. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ____ day of _________, 2023. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Glen Torcivia, Town Attorney Town of Highland Beach VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Page 127 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\HIGHLAND BEACH\#7. 2023-L-496-00006\Highland Beach_Amend#7_3521Ocean.doc SECTION: 93060000 STATE ROAD: A1A PERMIT: 2023-L-496-00006 COUNTY: PALM BEACH AMENDMENT NUMBER SEVEN (7) TO FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR (4) LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AMENDMENT Number Seven (7) to the Agreement dated July 20, 2017, made and entered into this ______ day of _______________ 20_____ by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT and the TOWN OF HIGHLAND BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. W I T N E S S E T H WHEREAS, the parties entered into the Landscape Inclusive Maintenance Memorandum of Agreement dated, July 20, 2017 for the purpose of maintaining the landscape improvements by the AGENCY on State Road A1A (South Ocean Boulevard); and, WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional landscape by permit to be installed on State Road A1A (South Ocean Boulevard) in accordance with the above referenced Agreement; and, NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. Pursuant to Page 7, Paragraph 7 of the Landscape Inclusive Maintenance Memorandum of Agreement for State Road A1A (South Ocean Boulevard) dated July 20, 2017, the DEPARTMENT will allow an adjacent property owner to construct additional landscape improvements or to modify an improvement as indicated in Exhibit "A", State Road A1A (South Ocean Boulevard) from M.P. 6.303 to M.P. 6.314. In accordance with the plans attached as Exhibit "B". 2. The AGENCY shall agree to maintain the additional landscape improvements in the Agreement described above according to Part I of the Maintenance Plan, Exhibit "E” of the original agreement and Part II as follows: Page 128 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\HIGHLAND BEACH\#7. 2023-L-496-00006\Highland Beach_Amend#7_3521Ocean.doc Part II - Specific Project Site Maintenance Requirements and Recommendations: 1. The landscape design intent at the front of the property is to minimize the impact in the right of way. 2. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer recommended by the University of Florida IFAS Extension per the manufacturer’s specifications. 3. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from growing beyond the limits of the planting areas shown on the plan. Maintain an 8” setback from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape improvements. 4. Maintain the vertical height of Big Blue Liriope at natural height (no trimming required). 5. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground coverage. 6. Evaluate plant material on a monthly basis for pests, diseases, drought stress or general decline. If required, follow the integrated pest management program established by the Agency to ensure healthy plants. 7. Concrete pavers shall be inspected on a monthly basis for aesthetic appearance and safety conditions. Address any issues identified by repairing or replacing those specific locations. To maintain the overall aesthetic appearance and safety of the concrete pavers they shall be cleaned on a twice-yearly basis to prevent mold, dirt, oil, and gum build up. Joints and cracks in concrete, patterned concrete or asphalt, concrete pavers, concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a monthly basis to keep those areas free of weeds. 8. Inspect the irrigation system performance on a monthly basis to ensure the system is providing 100% coverage, does not have sections of low pressure, heads and valves are clean and clear of debris and any damaged irrigation components (i.e., spray nozzles, spray heads, valve boxes, etc.) are repaired or replaced. Except as modified by this Amendment, all terms and conditions of the original Agreement and all Amendments thereto shall remain in full force and effect. LIST OF EXHIBITS Exhibit A - Landscape Improvements Maintenance Boundaries Limits Exhibit B - Landscape Improvement Plans Page 129 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\HIGHLAND BEACH\#7. 2023-L-496-00006\Highland Beach_Amend#7_3521Ocean.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written above. TOWN OF HIGHLAND BEACH By: _____________________________ Date: _____________ Chairperson / Mayor / Manager Attest: ___________________________ (SEAL) Town Clerk Legal Approval: ____________________ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ______________________________ Date: ____________ Transportation Development Director Attest: ____________________________ (SEAL) Executive Secretary Legal Review: _____________________________ Office of the District General Counsel Page 130 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\HIGHLAND BEACH\#7. 2023-L-496-00006\Highland Beach_Amend#7_3521Ocean.doc SECTION: 93060000 STATE ROAD: A1A PERMIT: 2023-L-496-00006 COUNTY: PALM BEACH EXHIBIT A LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES LIMITS I. ORIGINAL INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS: State Road A1A (South Ocean Boulevard) from approximately ¼ mile North of Spanish River Blvd (M.P. 4.868) to approximately ½ mile South of Linton Blvd (M.P. 7.711) II. LANDSCAPE PERMIT PROJECT LIMITS (THIS PROJECT): State Road A1A (3521 South Ocean Boulevard) from M.P. 6.303 to M.P. 6.314 See attached map* *All other limits of the original agreement and amendments shall apply Page 131 OUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU landscape improvementmaintenance boundary mapcity of highland beachN O R T Hfdot landscape permit number: 2023-L-496-00006limit of maintenance by TOWN of highland beach begin project mp 6.303end project mp 6.314limits of maintenance bycity of highland beachstate road a1a Page 132 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\HIGHLAND BEACH\#7. 2023-L-496-00006\Highland Beach_Amend#7_3521Ocean.doc SECTION: 93060000 STATE ROAD: A1A PERMIT: 2023-L-496-00006 COUNTY: PALM BEACH EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The AGENCY agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Michael Flaugh, PLA Michael Flaugh Landscape Architect May 8, 2023 Page 133 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºØº øø Page 134 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºØØ øø Page 135 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºØº øø Page 136 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºŁŒ øø Page 137 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºŁ øø Page 138 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºŁ øø Page 139 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ ºŁØ øø Page 140 •‰‚¿»· ·¿«„‚ •„•‹¿··§ ›•„†»… § •‰‚¿»· ·¿«„‚ ¿‹» ºŁ º øø Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 File Attachments for Item: E. Approve and authorize the Mayor to execute contract with U.S. Water Service Corporation in an amount of $428,238.21 for Lift Station No. 3 Rehabilitation Project in accordance with Invitation to Bid (ITB) No. 23-005. Page 188 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE 9/19/2023 SUBMITTED BY: Skender Coma, Management Analyst SUBJECT: Approve and authorize the Mayor to execute an agreement with U.S. Water Services Corporation to rehabilitate Lift Station No. 3 in accordance with ITB No. 23-005. SUMMARY: On August 28th, 2023, the Town received and opened three (3) bids in response to ITB No. 23-005: Lift Station No. 3 Rehabilitation. The Support Services Department reviewed each bid and determined all three to be responsible and responsive, and Baxter & Woodman, the Town’s contracted Engineering Firm, reviewed the lowest bid for technical sufficiency. The lowest responsive and responsible bidder is U.S. Water Services Corporation, with a submitted lump sum price of $428,238.21. The Town will be utilizing the $250,000 awarded State Appropriation to assist in paying for this infrastructure project. FISCAL IMPACT: $178,238.21 Town Funds $250,000 State Appropriation ATTACHMENTS: U.S. Water Services Corporation Bid Tabulation Sheet U.S. Water Services Corporation Agreement RECOMMENDATION: Execute an agreement with U.S. Water Services Corporation to rehabilitate Lift Station No. 3 in accordance with ITB No. 23-005. Page 189 ITEM NO.DESCRIPTION UNIT PRICE 1 Site Mobilization/Demobilization LS 20,000.00$ 2 Maintenance of Traffic LS 15,000.00$ 3 As-Built Record Drawings LS 10,000.00$ 4 Erosion Protection Measures LS 250.00$ 5 Pre-Construction Video LS 3,000.00$ 6 Site/Mechanical Demolition & Restoration LS 65,000.00$ 7 Civil & Site Work Modifications & Rehabilitation LS 49,000.00$ 8 Mechanical System Improvements LS 154,000.00$ 9 Electrical System & Instrumentation & Control System Improvements LS 135,000.00$ 10 Temporary Bypass Pumping LS 25,000.00$ TOTAL LS 476,250.00$ ITEM NO.DESCRIPTION UNIT PRICE 1 Site Mobilization/Demobilization LS 60,600.00$ 2 Maintenance of Traffic LS 18,132.00$ 3 As-Built Record Drawings LS 15,370.00$ 4 Erosion Protection Measures LS 10,975.00$ 5 Pre-Construction Video LS 2,107.00$ 6 Site/Mechanical Demolition & Restoration LS 100,674.00$ 7 Civil & Site Work Modifications & Rehabilitation LS 120,500.00$ 8 Mechanical System Improvements LS 69,073.00$ 9 Electrical System & Instrumentation & Control System Improvements LS 203,965.00$ 10 Temporary Bypass Pumping LS 156,108.00$ TOTAL LS 757,504.00$ Hinterland Group, Inc. Intercounty Engineering, Inc. Page 190 ITEM NO.DESCRIPTION UNIT PRICE 1 Site Mobilization/Demobilization LS 35,797.60$ 2 Maintenance of Traffic LS 7,447.20$ 3 As-Built Record Drawings LS 10,940.00$ 4 Erosion Protection Measures LS 5,461.18$ 5 Pre-Construction Video LS 1,816.00$ 6 Site/Mechanical Demolition & Restoration LS 47,295.74$ 7 Civil & Site Work Modifications & Rehabilitation LS 42,769.79$ 8 Mechanical System Improvements LS 106,706.34$ 9 Electrical System & Instrumentation & Control System Improvements LS 131,761.48$ 10 Temporary Bypass Pumping LS 38,242.88$ TOTAL LS 428,238.21$ U.S. Water Services Corporation Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 File Attachments for Item: F. Discussion of the Financial Advisory Board's recommendation of New Purchasing Policy and Proposed Ordinance. Page 266 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE 9/19/2023 SUBMITTED BY: Eric Marmer, HR and Risk Management Director SUBJECT: Consider Recommendation of New Purchasing Policy and Ordinance SUMMARY: Based on a thorough assessment of the current purchasing procedures and in consideration of best practices in procurement, the proposed changes will help enhance efficiency and accountability in the purchasing process. Additionally, it will promote fair competition among suppliers. Under the new policy, the purchasing limits will be revised as follows: Purchases under $10,000: Require one written quote. Purchases from $10,000.01 to $50,000: Require three written quotes.* Purchases $50,000.01 and over: Require sealed competitive bids that require commission approval.* *Or applicable Direct Acquisition Method (Sole Source, Town Standard, Piggyback, etc.) By implementing these changes, the Town will be able to obtain competitive pricing, ensure proper vendor selection, and protect public funds. The policy will provide clear guidelines for staff and vendors, facilitating smoother procurement transactions while adhering to legal and ethical standards. The proposed policy has been carefully reviewed and is consistent with other municipalities' procurement practices. It has also been developed in consultation with relevant stakeholders, including the Finance Department, legal counsel, and purchasing professionals. FISCAL IMPACT: N/A ATTACHMENTS: Page 267 Local Procurement Threshold Chart 2023 New Purchasing Policy New Ordinance RECOMMENDATION: Approval of new Purchasing Policy and first read of Ordinance Page 268 Municipality / Agency One Quote Three Quotes Formal Solicitation FGUA (FL Gov. Utility Authority)< $15,000 < $100,000 > $100,000 FEMA Recommendation < $10,000 N/A N/A Highland Beach - Proposed < $10,000 < $50,000 > $50,000 Boca Raton < $7,500 < $50,000 > $50,000 Average < $6,227 < $51,000 > $51,000 Delray Beach < $5,000 < $65,000 > $65,000 Palm Beach Gardens < $5,000 < $65,000 > $65,000 Wellington < $5,000 < $65,000 > $65,000 Boynton Beach < $5,000 < $50,000 > $50,000 Deerfield Beach < $5,000 < $30,000 > $30,000 Ocean Ridge < $5,000 < $25,000 > $25,000 Palm Beach < $3,500 < $35,000 > $35,000 Highland Beach - Current < $2,500 < $25,000 > $25,000 Municipality / Agency One Quote Three Quotes Formal Solicitation FGUA < $15,000 < $100,000 > $100,000 Delray Beach < $5,000 < $65,000 > $65,000 Palm Beach Gardens < $5,000 < $65,000 > $65,000 Wellington < $5,000 < $65,000 > $65,000 Average < $6,227 < $51,000 > $51,000 Boca Raton < $7,500 < $50,000 > $50,000 Highland Beach - Proposed < $10,000 < $50,000 > $50,000 Boynton Beach < $5,000 < $50,000 > $50,000 Palm Beach < $3,500 < $35,000 > $35,000 Deerfield Beach < $5,000 < $30,000 > $30,000 Ocean Ridge < $5,000 < $25,000 > $25,000 Highland Beach - Current < $2,500 < $25,000 > $25,000 Procurement Thresholds Sorted by Three Quotes / Formal Solicitation Threshold Procurement Thresholds Sorted by One Quote Threshold Page 269 1 Purchasing Policy and Procedures Effective MM/DD/2023 Page 270 2 TABLE OF CONTENTS I. PURPOSE 3 II. DEFINITIONS 3 III. ETHICS IN PROCUREMENT 11 IV. PROCUREMENT THRESHOLDS AND APPROVAL LEVELS 13 V. INSURANCE REQUIREMENTS 13 VI. FORMAL SOLICITATIONS 14 VII. INFORMAL SOLICITATIONS 24 VIII. DIRECT ACQUISITION 25 IX. FORM OF CONTRACT 28 X. CHANGE ORDERS 28 XI. TERMINATIONS, EXTENSIONS, AND RENEWALS 29 XII. BLANKET PURCHASE ORDERS 30 XIII. UNBUDGETED PURCHASES 30 XIV. PURCHASES NOT TO BE DIVIDED 30 XV. PROPERTY DISPOSAL 30 PURCHASING CARD POLICY 32 I. PROCEDURES 32 II. DISPUTES 33 III. LOST OR STOLEN CARDS 33 IV. TERMINATING EMPLOYEE 33 V. DISCIPLINARY ACTION GUIDELINES 34 VI. PROGRAM GUIDELINES 34 VII. PROCEDURES AFTER PURCHASE 36 Page 271 3 I. PURPOSE The purpose of this policy is to state the Town’s position regarding the responsibility and authority of purchasing Goods and Services, to maximize both the quality and value of the goods and services procured, and to ensure fairness and transparency in the procurement process. This document will clarify purchasing functions and outline purchasing policies, as well as describe departmental relationships, responsibilities, and participation in the procurement cycle. This policy will provide control functions, assure proper record keeping, and confirm purchases in writing to allow the Town to meet the following goals: A. Maintain at all times and under all conditions a continuous supply of Goods and Services necessary for the operation of the Town; B. Encourage and promote fair and equal opportunity for all persons doing, or seeking to do, business with the Town; C. Safeguard the quality and integrity of the Town’s procurement process; D. Ensure compliance with laws and regulations pertaining to the procurement of Goods and Services; E. Manage procurement and inventories of purchased Goods to meet the use requirements of Town departments at the most advantageous cost to the Town; F. Administer procurement contracts and contract amendments; G. Properly dispose of all material and equipment declared to be surplus or obsolete; and H. Ensure the Town provides quality service to our citizens. The philosophy behind this policy is one of separating the need for Goods and Services from the function of negotiation and executing the necessary contractual purchase agreement. II. DEFINITIONS When used in this policy, the following words, terms and phrases, and their derivations, shall be the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. A. ADDENDUM - A change, clarification or correction in the Solicitation Documents, prior to the award of a Contract. Page 272 4 B. AGENT - An Official, Employee, contracted, or subcontracted Person who is authorized to act on behalf of the Town of Highland Beach and represent their interests. C. AMENDMENT - An agreed upon addition to, deletion from, correction or modification of a Contract. D. ANNUAL CONTRACT - An agreement or Contract, typically for a specified duration, between a supplier and the Town, to furnish Goods or Services usually of an indefinite quantity and delivery schedule, at unit prices provided for under the terms of the Contract. Also known as a term contract, annual agreement or requirements contract. E. APPEAL - A specific written objection by an interested Person to a Request for Qualifications, an Invitation for Bid, an Invitation to Negotiate, a Request for Proposal, or an award or proposed award of a Contract, with the intention of receiving a remedial result. F. AVAILABLE LOCALLY - One or more Persons within the Town or immediate surrounding areas are able to provide Goods and Services in a timely manner, and in sufficient quantity and quality to meet a specific need. G. AWARD - Written notice from the Town of acceptance of a bid or proposal deemed by the established authority of the Town to be in the best interest of the Town. H. BID / PROPOSAL BOND - A form of bid security executed by the Bidder (or Proposer) as principal and by a Surety, to guarantee that the Bidder (or Proposer) will enter into a Contract within the time specified in the Invitation for Bid or Request for proposals, and will furnish the necessary bonds and insurance, and meet any other requirements of those documents. I. BIDDER - A person or entity submitting a bid or quote to the Town for the supply of Goods or Services. J. BLANKET PURCHASE ORDER - A type of Purchase Order issued to purchase goods up to a maximum dollar amount from a single vendor over a period of time when commodities, products and services are purchased on a regular and routine basis, and the cost for the item(s) or the specified quantity cannot be easily identified. K. BRAND NAME SPECIFICATION - A specification limited to one or more items by manufacturers’ names or catalogue numbers, often used to keep standardization with existing parts. L. BUYING COOPERATIVE OR ALLIANCE - A group of public entity purchasers organized for the purpose of creating contracts or pricing agreements in order to take advantage of group or quantity buying discounts or special pricing from which members of the group can benefit. Page 273 5 M. CAPITAL EXPENDITURE ITEM - An item that generally has a normal life expectancy of one year or more, is a complete entity within itself, is distinguished from components, and has a minimum cost of $5,000. N. CCNA - Consultants Competitive Negotiation Act, which provides regulations on the acquisition of professional services pursuant to section 287.055, Florida Statutes. The CCNA applies to those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. O. CHANGE ORDER - A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time, or contract quantities. P. COMPETITIVE AWARD - A procurement based upon the outcome of one of the competitive processes set forth in this Policy, where award is made based on the lowest quotation or Bid submitted by a responsible and responsive Bidder or to the most qualified or advantageous Proposer based on the qualitative and/or quantitative factors identified for the procurement. A Competitive Award can be made even if only a single bid or proposal has been received from a Bidder or Proposer who is determined to be responsible and responsive. Q. CONFIDENTIAL INFORMATION - Any information which is available to an employee only because of the employee's status as an employee of the Town of Highland Beach and is not a matter of public knowledge or available to the public upon request. R. CONSTRUCTION - The process of building, altering, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. The term “Construction” does not include the routine operation, repair and/or maintenance of existing structures, buildings, or real property. S. CONTRACT - All types of Town agreements for the purchase or disposal of Goods, Services, Professional Services or real property regardless of what they may be called, including contracts for a fixed price, cost plus a fixed fee, incentive contracts, and contracts providing for the issuance of job or task orders, leases, letter contracts and purchase orders. Contracts also include amendments, modifications, and supplemental agreements with respect to any of the foregoing. Every Contract must be duly authorized and approved prior to execution. T. CONTRACTOR - Any person or business having a Contract with the Town of Highland Beach to perform a service or sell a product. U. CONTINUING PURCHASE CONTRACT - A Contract procured under this policy with one or more Page 274 6 Vendors based on general specifications and/or scope of work, for which award of specific scopes of work is intended periodically during the Contract term as the need arises. Pricing and/or rates may be defined in the original Contract or by Amendment at the time that specific scopes of work are awarded. V. CONTRACT EXTENSION - An Amendment to a Contract that includes an increase in the term of a Contract, for which no options to renew the Contract beyond the current expiration date exist. W. CONTRACT RENEWAL - An exercise of an approved, existing option to increase the term of a Contract. Options to renew a Contract are often done in annual increments. X. DEBARMENT - A disqualification of a business or person from receiving invitations for Bids, Requests for Proposals, or the award of Contracts by the Town, because of previous illegal or irresponsible action, for a specific period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. Y. DESIGNEE - A duly authorized representative of a person holding a superior, higher-level position. Z. DISCOUNT-FROM-LIST CONTRACTS - Contracts whereby price is determined by applying a percentage discount from an Established Catalog Price. This type of Contract is only to be used when the Support Services Department determines that this contracting methodology is in the best interest of the Town. AA. E-PROCUREMENT (ELECTRONIC PROCUREMENT) - Conducting all or some of the procurement function on the internet. The requirement to submit proposals or pricing for a sealed competitive procurement method through an electronic platform as designated by the Town. BB. EMPLOYEE - An individual drawing a salary or wage from the Town, whether on a full- time or part-time basis. CC. EMERGENCY PROCUREMENT - Any procurement of Goods or Services in the context of an Emergency. DD. EMERGENCY - A situation that occurs suddenly and unexpectedly and demands immediate action to prevent delays which may vitally affect the health, safety, or welfare of the public or Town Employees or affects the continuation of services to the citizens, and/or serious loss or injury to the Town. Emergency shall also mean a condition, malfunction, or occurrence in which the immediate procurement of an item (i.e. Good, Services, or Professional Service) is essential to comply with regulatory requirements. EE. ENVIRONMENTALLY PREFERABLE GOODS AND SERVICES - Goods and Services that have a lesser or reduced negative effect on human health and the environment when compared with Page 275 7 competitive Goods and Services that serve the same purpose. FF. FISCAL YEAR - The period of time beginning on October 1 of any year and ending September 30 of the following year. GG. GIFTS - As set forth in Section 2-444 of the Palm Beach County Code of Ethics and as otherwise defined in Section 2-442 of that Code and Section 112.312, Florida Statutes. HH. GOODS or COMMODITIES - Supplies, apparatus, materials, equipment, and other forms of tangible personal property used by a Town department in the accomplishment of its responsibilities. II. INVITATIONS TO BID (ITB) - All documents utilized for soliciting bids, including those attached or incorporated by reference. These include a scope of work and all contractual terms and conditions applicable to the procurement. Bids are requested when requirements are clearly defined, price is the major determining factor for award, and a formal sealed submittal is required. JJ. INVITATION TO NEGOTIATE (ITN) - Documents used for soliciting competitive proposals in which negotiation of price and other factors is to commence after receipt of proposals and prior to recommendation of award. This process may be used when the scope of work is complex or difficult to define, if strict comparison of Services or Goods required may be difficult because components are likely to vary among Proposers or in any situation when it is in the Town’s best interest to negotiate prior to recommendation of award to obtain the Services or Goods that best meet the Town’s needs, price and other factors being considered. KK. LATE BID/PROPOSAL - A Bid or proposal received after the time or date such bid or proposal was due, as stated in the Solicitation Documents. LL. LIFE CYCLE COST ASSESSMENT - The comprehensive accounting of the total cost of ownership, including initial costs, energy and operational costs, longevity and efficacy of service and disposal costs. MM. MULTIPLE AWARD SCHEDULE CONTRACT - A Contract based upon one solicitation awarded to two or more Vendors to supply Goods or Services. NN. NEGOTIATED AWARD - A procurement made as the result of negotiations between the Town and a Supplier, such as a Sole Source Procurement or Single Source Procurement or another instance, including competitive Invitation to Negotiate, where a Contract award based on direct negotiations with a Supplier of Goods or Services is appropriate. Page 276 8 OO. NOTICE TO PROCEED - The written notice, issued by the authorized Town employee to the successful bidder or proposer to proceed as directed. PP. OFFICIAL - Any elected or appointed person who holds office or serves in a position of public capacity. QQ. OPEN-END CONTRACT (EVERGREEN) - A contract whereby an indefinite quantity of supplies, services, or construction is to be procured over an identified time span, as and when needed. RR. PAYMENT TERMS - The established due date for payments by the Town to pay an invoice. Absent any agreement otherwise stated or as otherwise required by law, the Town’s payment term will be Net 30. SS. PERFORMANCE/PUBLIC CONSTRUCTION BOND - A bond provided by a contractor/supplier in which a surety guarantees to the Town that the Goods are delivered or the Services are performed in accordance with the Contract documents. A letter of credit issued by a financial institution that meets the Town’s requirements may, at the discretion of the Town, be substituted for the performance bond. TT. PERSON - Any business, entity, company, firm, individual, union, committee, club or other organization or group of individuals. UU. PRACTICABLE - Satisfactory and within reason when considering price, performance, availability, compatibility with specified operation, and public safety. VV. PRE-QUALIFICATION - The part of a competitive procurement process in which the Town determines, based on standards developed for a specified product or service, which interested Vendors meet those standards and are eligible for further consideration in the purchasing process. WW. PROCUREMENT CARD (P-CARD) - A payment method whereby authorized employees use a Town issued credit card to directly purchase Goods or Services within the established guidelines of the Town’s Procurement Card Policy. XX. PRODUCT EVALUATION - The evaluation of a product to help determine its usefulness in meeting the Town requirement or specification. YY. PROFESSIONAL SERVICES - Services rendered by an independent contracting individual or firm having expertise in a particular industry or subject matter due to specialized education, training, licensure or skill, and consisting primarily of advice reports, conclusions, recommendations or other outputs resulting from the time and effort of the service provider, as opposed to the acquisition of specific commodities, or of services not requiring any specialized education, Page 277 9 licensing, training or skill (e.g. janitorial services). Professional Services include but are not limited to evaluations, consultations, management systems, management consulting, compiling statistical data, support of planning and operating activities, appraisal services, and research and development studies or reports (e.g., accounting services, actuarial consulting services, legal services, financial advising, etc.). ZZ. PROPOSER - A Person submitting a proposal or qualifications to the Town for the supply of Goods, Services, or Professional Services. AAA. PURCHASE ORDER - A document approved and issued by the Purchasing Agent and accepted by the Vendor to obtain Goods, Commodities and Services as governed by the Town of Highland Beach terms and conditions. BBB. PURCHASING - The process of securing materials, services, repairs, leases and rentals necessary for the operation and support of the Town. The renewal, renegotiations and changes to Contracts, leases and agreements are functions of purchasing. CCC. PURCHASING AGENT – Town Manager or designee appointed to administrate solicitations on behalf of the Town. DDD. REQUEST FOR PROPOSALS (RFP) - All documents utilized for soliciting proposals for Goods, Services, or Professional Services, including those attached or incorporated by reference. These include a scope of work and all contractual terms and conditions applicable to the procurement. This method is used when factors in addition to price are considered for award. EEE. REQUEST FOR QUALIFICATIONS (RFQ) - All documents utilized for soliciting qualifications for Goods, Services, or Professional Services. FFF. REQUISITION - An internal document, provided by a department to the Purchasing Agent, that contains the fund source, approvals, descriptions, quantities and other information about the Goods, Services, or Professional Services in order to proceed with the procurement. The Requisition becomes valid when properly completed and approved. GGG. RESPONSIBLE BIDDER OR PROPOSER - A Person, who, in the exclusive judgment of the Town, (a) has the capability in all respects to fully perform the Contract requirements; and (b) the integrity, experience, qualification, and reliability which assures good faith performance. HHH. RESPONSIVE BIDDER OR PROPOSER - A Person, who, in the exclusive judgment of the Town, has submitted a bid or proposal that conforms in all material respects to the Solicitation Documents. Page 278 10 III. SERVICES - Any performance of effort or labor, for which the Town has contracted other than Professional Services or services classified as construction. Services include, but are not limited to, janitorial, landscaping, and street striping. JJJ. SHORTLISTING - The part of a competitive procurement process in which the Town determines, based on criteria developed for a specified Good, Service, or Professional Service which of the interested Vendors are the best qualified to be eligible for further consideration in the purchasing process. KKK. SINGLE-SOURCE PROCUREMENT - Identifying and using, without first completing a competitive process, one source for Goods or Services among others in a competitive marketplace, which, for justifiable reasons, is found to be most advantageous for the purpose of fulfilling a given Purchasing need of the Town. LLL. SOLE-SOURCE PROCUREMENT - Identifying and using, without first completing a competitive process, one source for Goods or Services, when that source is the only one available that can fulfill a given Purchasing need of the Town. MMM. SOLICITATION DOCUMENTS - An Invitation for Bids, Request for proposals, Request for Qualifications, or an Invitation to Negotiate including all of the associated forms and documents of each solicitation, or any other types of documents used by the Town to procure Goods, Services, or Professional Services. NNN. SPECIFICATION OR SCOPE OF WORK - Any description of the physical or functional characteristics, or of the nature of Goods, Services, or Professional Services. Specifications or Scope of Work may include any function and other criteria that will be required to perform the work and a description of any requirement for inspection, testing, or delivery. OOO. SUPPLIER, MERCHANT OR VENDOR - A Person currently supplying or in the business of supplying Goods, Services, or Professional Services. PPP. SUPPORT SERVICES DEPARTMENT – The department tasked with overseeing and administering procurement operations. QQQ. SURETY - An organization who, for a consideration, promises in writing to make good the debt or default of another organization. The Surety must be satisfactory to the Town and licensed to do business in Florida. RRR. THE USING DEPARTMENT (USER) - The department which has the authority and responsibility for determining the need for an item or service, its related specifications, and need date. The User is responsible for funding the need and advising Purchasing of the approved funding and the specific budget account number. The User is responsible for preparing solicitation documents, purchase Page 279 11 requisitions, purchase orders, and gathering the requisite information (quotations) given the pricing thresholds outlined in this policy. The User is responsible for authorizing the purchases of all materials, services, repairs, leases, and rentals in which the negotiated price exceeds the approved funding. SSS. THIRD PARTY CONTRACTOR - A vendor under written contract with the Town. TTT. THRESHOLD - A monetary limit or level that defines specific procurement actions or policies to be applied. UUU. TOWN - The Town of Highland Beach and, as the context warrants, those persons or bodies authorized to act on its behalf, including but not limited to the Commission, Committees, and staff. VVV. TOWN COMMISIONER - Any person who is an elected Town official. WWW. TOWN STANDARD - Identifying and using, without first completing a competitive process, one source for Goods or Services among others in a competitive marketplace, which, for justifiable reasons, is found to be most advantageous for the purpose of fulfilling a given Purchasing need and which meets Town requirements for performance, consistency, compatibility, or other salient characteristics. III. ETHICS IN PROCUREMENT Each person involved in the procurement process must adhere to a high standard of ethics. All employees, officers, commissioners, and board members shall be subject to and must abide by the rules and regulations contained in the Palm Beach County Code of Ethics, Palm Beach County Inspector General Ordinance as well as all State laws regarding procurement. Procurement information shall be a public record to the extent provided in Chapter 119, Florida Statutes, and shall be available to the public as provided in such statute and any other applicable statute. All contracts must contain the following, or similar, provision: A. Conflict of Interest The Contractor shall take appropriate steps to ensure that neither it nor any of its officers or employees is placed in a position where, in the reasonable opinion of the Town, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Contractor or any of its officers or employees and the duties owed to the Town under the provisions of this Contract. The Contractor will disclose to the Town the particulars of any such conflict of interest which may arise during the term of this Contract including any extensions. A conflict of interest shall be determined in accordance with the policies and ordinances of the Page 280 12 Town, the Palm Beach County Code of Ethics, and applicable Florida Statutes. B. Prohibition Against Contingent Fees The Contractor/Consultant warrants that it has not retained a person to solicit or secure this Town of Highland Beach Contract upon any agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Contracts pursuant to the CCNA shall include the following provision regarding contingent fees: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. If this provision is breached, the Town shall have the right to terminate the agreement without liability and, at its discretion, deduct from the contract price, or otherwise recover, the full amount of the fee, commission, percentage, gift, or consideration. C. Unauthorized Purchases No purchases of Goods and Services shall be made in the name of the Town of Highland Beach or one of its departments, except such as is required for official use by the Town of Highland Beach or one of its departments. Purchases in the name of the Town of Highland Beach or a department for personal use by an individual or for other than official use are prohibited, and no Town of Highland Beach funds will be expended or advanced therefore. D. Disclaimer of Responsibility for Improper Purchasing The Town may disclaim responsibility and liability for any purchase, expenditure, or agreement for expenditure arising from a procurement made in its name, or in the name of any governmental body under its authority, by an unauthorized person or any person acting outside this Policy, or the authorization or delegation as provided in this Policy. The expense of any such disclaimed transaction will become the personal liability of the individual who acted improperly. Page 281 13 IV. PROCUREMENT THRESHOLDS AND APPROVAL LEVELS Personal Property, Commodities, Services, and Construction Total Purchase Amount Procurement Process Approval Levels Purchase Type $0 - $10,000 One Written Quote/Invoice* Requesting Department Head Finance Director Town Manager Direct Purchase $10,000.01 - $50,000 Three Written Quotes** Requesting Department Head Finance Director Town Manager Purchase Order $50,000.01 & over Sealed Competitive** Requesting Department Head Finance Director Town Manager Town Commission Executed Agreement and Purchase Order * Quote not required for Blanket Purchase Order. **Direct Acquisition Procurement method may be utilized as outlined in Section VII. V. INSURANCE REQUIREMENTS Insurance is required to safeguard the Town from all claims resulting from damage to property and/or injury to persons caused by the vendor or his/her actions. Any vendor performing onsite services shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids (ITB), Request for Proposals (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. The Town requires appropriate insurance coverage listing the Town of Highland Beach as an “Additional Insured.” This is accomplished by providing a Certificate of Insurance listing the Town as "Certificate Holder" and "The Town of Highland Beach is Additionally Insured as respect to liability". Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. The Town may accept an insurance contract or binder as proof of insurance if a Certificate is provided upon selection of the vendor. The Purchasing Agent shall review the insurance coverage and limits for the Certificate of Insurance to ascertain that the insurance requirements will be met. No Bid, RFP, RFQ, Contract, Agreement, Leases, etc., shall be awarded or purchase order issued until notification is received from the Purchasing Agent that the Certificate of Insurance satisfactorily meets the insurance requirements of the Town. This includes "piggy-backing" of other governmental entity bids. Page 282 14 VI. FORMAL SOLICITATIONS Acquisitions of or contracts for non-real property, goods, or services where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 shall be subject to a Sealed Competitive Method, unless the Town utilizes one of the direct acquisition methods as provided in this policy. For purchases exceeding $50,000, the ordering department must consult with the Support Services Department on the appropriate Sealed Competitive Method. A. Invitations to Bid Invitations to Bid are utilized where price, responsiveness, and responsibility are the sole determining factors. 1. The ordering department shall work in conjunction with the Support Services Department to prepare a Town of Highland Beach Invitation to Bid and submit to the Town Attorney for legal review. The Invitation to Bid shall include specifications and all contractual terms and conditions applicable to the procurement. 2. Following review, the Invitation to Bid is then advertised on DemandStar (or other online procurement services provider), the Town’s website, with applicable trade associations, and/or published in a newspaper of general paid circulation in Palm Beach County as required by State of Florida Law. 3. All responses submitted pursuant to the Invitation to Bid shall be submitted electronically unless otherwise stated in the solicitation documents through the Town’s e-bidding platform and shall remain sealed until they are opened publicly on DemandStar (or other applicable online procurement services provider) at the date and time, stated in the Invitation to Bid, or as may be amended by addendum. Bids shall be opened publicly at the time and place designated in the public notice of the Invitation to Bid. The amount of each bid and the name of each bidder shall be recorded. 4. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set forth in the Invitation to Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. 5. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted where appropriate and when in accordance with law. Mistakes discovered Page 283 15 before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to time set for bid opening. In general, bidders should not be permitted to change a bid after bid opening. In rare cases, the Town may permit the correction of a bid if the bidder is able to present clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. For example, mistakes made in the multiplication of unit prices and quantities will be resolved in favor of the unit price, and discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Town staff should consult with the Town Attorney before allowing a change in a bid. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the Town or fair competition shall be permitted unless it is otherwise required by law. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the bidder can show by clear and convincing evidence the following: 1) The mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident; or the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made; 2) The mistake would be a severe hardship on the bidder and enforcement would be unconscionable; and 3) The mistake was clerical and/or inadvertent (i.e., the mistake occurred regardless of the exercise of ordinary care) and not the result of gross or willful negligence of the bidder (e.g., carelessness or lack of good faith, etc.). Further, if the mistake occurs in connection with competitive bidding on public works, the bidder must also establish the following additional factors by clear and convincing evidence: 1) The bid was submitted in good faith; and 2) The mistake, when discovered, was promptly reported to the Town before the bid was accepted. The Town may require the bidder to reimburse the Town for any reasonable and documented costs incurred by the Town due to the bidder’s mistake, if any. All decisions to permit the correction or withdrawal of bids, based on bid mistakes, shall be supported by a written determination made by the Support Services Department. After a bid is accepted by the Town, the bidder is bound by its bid unless the acceptance is a result of mutual mistake or a unilateral mistake accompanied by inequitable conduct by the other party. The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a project exceeds available funds, the Town Manager is authorized, when time or Page 284 16 economic considerations preclude re-solicitation of bids, to negotiate an adjustment of the bid price as long as the scope of work is not changed with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds. 6. If only one responsive bid for a commodity or contractual service is received, in response to an Invitation to Bid, an award may be made to the single Bidder if the Town Manager finds the price submitted is fair and reasonable, and that other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Further, the Town Manager reserves the right if in the best interests of the Town to negotiate with the sole Bidder for the best terms, conditions and price. The Town Manager shall document the reasons that such action is in the best interest of the Town. Otherwise, the bid may be rejected and: a) New bids or offers may be solicited. b) The sole bid may be rejected. c) If the Town Manager determines in writing that the need for the supply or service continues, but that the price of the one bid/proposal is unreasonable and there is not time for re-solicitation or re-solicitation would likely be futile, the procurement may then be conducted as a Sole Source Procurement or Emergency Procurement, as appropriate. 7. The ordering department shall then prepare a Town of Highland Beach purchase requisition form requesting authorization to accept the best submittal as determined by price, responsiveness, and responsibility. The purchase requisition must then be approved by the department head. 8. If less than two responsive bids, proposals, or replies for commodity or contractual services purchases are received, the Town Manager should negotiate for the best terms and conditions. The ordering department shall document the reasons that such action is in the best interest of the town in lieu of re-soliciting competitive sealed bids. 9. The requisition form, with all supporting documentation attached, must be submitted to the Finance Department for verification of the availability of unencumbered budgeted funds. The requisition form must then be approved by the Finance Director or his/her designee. 10. The requisition form, with all supporting documentation attached, is submitted to the Town Manager for approval and returned to the Finance Department. 11. The Finance Department will forward all applicable information to the Town Attorney for Page 285 17 review and draft of a written agreement, when applicable. 12. The written agreement along with purchase requisition and supporting documentation is then submitted to the Town Clerk for inclusion on the next available Town Commission agenda for Commission review and final approval. 13. Upon receipt of a completed and fully executed written agreement the Finance Department will issue a Purchase Order Number and return a copy to the ordering department. 14. The ordering department must attach a copy of the completed Purchase Requisition/Purchase Order to the invoice(s) when submitted to Finance for payment. B. Requests for Proposals, Requests for Qualifications, and Invitations to Negotiate These methods are utilized when price, responsiveness, and responsibility are not the sole determining factors (i.e., professional services, etc.). The procurement of professional services subject to the CCNA shall comply with the procedures set forth in the CCNA. 1. The ordering department shall prepare a Town of Highland Beach Request for Proposals, Qualifications, or Invitation to Negotiate and submit to Department Head, Finance Director, and Town Attorney for review. The Request for Proposals/Request for Qualifications/Invitation to Negotiate shall state the relative importance of price, if appropriate, and all other evaluation factors. 2. Following review, the Request for Proposals, Qualifications, or Invitation to Negotiate is then delivered to any known vendors that can provide a response, advertised on the Town’s website, advertised with applicable trade associations, and/or published in a newspaper of general paid circulation in Palm Beach County as required by State of Florida Law. As well as, notifying the Office of Inspector General of Palm Beach County via email in writing prior to any duly noticed public meeting of a procurement selection committee. 3. Pursuant to the Request for Proposals, Qualifications, or Invitation to Negotiate, the Town Manager may appoint a Selection Committee to review the submissions received by the Town. 4. All responses submitted pursuant to the Request for Proposals, Qualifications, or Invitation to Negotiate shall be submitted electronically through the Town's e-bidding platform and remain sealed until they are opened publicly on the date and time and location stated in the Request for Proposals, Qualifications, or Invitation to Negotiate or as may be amended by addendum. Submittals shall be opened publicly at the time and place designated in the public notice of the Request or Invitation. The amount of each bid and the name of each bidder shall be recorded. Page 286 18 5. No proposals shall be opened until the time designated in the public notice of the Request or Invitation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. 6. The Selection Committee shall review and rank the responses received according to the language of the Request for Proposals, Qualifications, or Invitation to Negotiate. 7. Following the review and ranking, the Selection Committee will convene to finalize their scores and ranking of respondents. 8. The ordering department shall prepare a Town Commission Agenda Memo to approve the ranking results and authorize staff to negotiate a contract with the highest ranked response or as described in the Request for Proposals, Qualifications, or Letters of Interest. 9. Following Commission authorization, Staff shall negotiate a contract with a respondent pursuant to the language of the Request for Proposals, Qualifications, or Letters of Interest. 10. Once negotiations are completed, award shall be made to the responsible responder whose proposal is determined in writing to be the most advantageous to the Town based on evaluation factors set forth in the Request for Proposals/Request for Qualifications/Invitation to Negotiate. 11. The written agreement and supporting documentation are submitted to the Town Clerk for inclusion on the next available Town Commission agenda for their review and final approval. C. Pre-bid and Pre-proposal Conferences A pre-bid conference shall be scheduled for Invitations to Bid where it is deemed advisable to allow potential proposers to consult with Purchasing staff and the requesting department(s) to ensure clarity of the required goods or services and, if applicable, to view the site where the work is to be performed. A pre-proposal conference shall be scheduled under all Requests for Proposal solicitations. This conference shall be scheduled roughly in the middle of the solicitation period to allow enough time for vendors to prepare for the conference, and to consider the information provided during the course of the conference. Attendance at Pre-bid and Pre-proposal conferences by vendors is generally optional, unless it concerns a construction project. However, vendor attendance at such conferences may be made mandatory depending upon the specific requirements of the project. Mandatory conferences may Page 287 19 serve to limit competition and shall be the exception to the procedure. If a vendor fails to attend a mandatory pre-bid or pre-proposal conference, then that vendor shall not be allowed to submit a proposal. D. Addenda to Solicitation Documents There may be occasions when it will be necessary to change the specifications, terms, or conditions of a given solicitation during the course of the proposal period. Such changes may be required in response to requesting department requests or clarifications, contractor questions (submitted in writing per the "Cone of Silence"), or other reasons. Such changes shall be formalized by the issuance of solicitation addenda by the Finance Department, to all potential vendors that have obtained the solicitation document. The addenda becomes part of, and supersedes, the solicitation document. E. Tied Bids Tied bids are offers where one or more responsive and responsible bidders offer the same low price for an item or group of items, depending on the metho d of award. In such instances, the Purchasing Agent will request best and final offers (BAFOs) from the bidders that offered the same price. The BAFOs must be requested at the same time or soon after the preliminary tabulation is provided to all responding proposers. This allows all proposers to see the prices that were submitted, and the proposers that offered the same pricing. Request for best and final offers must include a due date (close of business is acceptable) and may be emailed directly to the Purchasing Agent or delivered to the Support Services Department. In the event responses to best and final offers result in another tie, the tie shall be broken by the Purchasing Agent by flipping a coin in the presence of the Finance Director or their designee. F. Formation and Performance of Evaluation/Selection Committees The Purchasing Agent is responsible for the review of all proposals for responsiveness before distributing them to the Selection Committee. A proposer is considered responsive if the proposal conforms in all material respects to the terms and conditions in the solicitation. G. Selection Committee Team Members The Purchasing Agent will determine the number and makeup of the Selection Committee and shall serve as the Selection Committee Chairperson. Each member must:  Have no personal or financial interest in any vendor or firm which has submitted a proposal to the Town.  Have professional experience and/or a related interest so that the recommendations of the Committee can be supported and defended legally and ethically. Page 288 20  Have professional experience and/or a related interest so that the recommendations of the Committee will lead to the selection of a vendor which will provide goods or services that is the best value for the Town. H. Initial Meeting Of The Selection Committee The Purchasing Agent shall conduct an initial meeting (Kick-Off Meeting) with the Selection Committee to ensure that each member has a clear understanding of their duties and responsibilities in the selection process. A copy of these guidelines, the solicitation and any addenda, each proposer's submittal, and a copy of the evaluation criteria will be distributed to Committee members. I. Conflict Of Interest Once proposals have been received, and it is known which proposers are involved in the evaluation competition, each member of the Selection Committee will be informed. Each member will be asked if the member has a personal or financial interest in any proposer, and if the member understands and can perform impartially within the Selection Committee guidelines. If a conflict of interest exists or appears to exist, that member will be disqualified from the Committee. J. Committee Rules And Procedures All evaluators on the Selection Committee are required to apply sound and unbiased judgment in awarding points to the proposals for the purpose of ranking them. All Selection Committee members must read the solicitation thoroughly and have a clear understanding of the requirements and evaluation criteria before attempting to evaluate the proposals. All questions should be directed to the Purchasing Agent, who is the Chairperson of the Selection Committee. 1. The Selection Committee meetings must follow the requirements of Florida Statute 286.011 for public meetings and meetings must be noticed at least 72 hours in advance. These meetings are open to the general public (unless exempt pursuant to section 286.0113, Florida Statutes), which may include proposers which have submitted responses to the Town's solicitations. Minutes will be taken at all Selection Committee Meetings. Meetings may be recorded; and all recordings will be made available for the general public to listen to upon scheduling an appointment with the Finance Department. 2. Except as authorized under section 286.0113, Florida Statutes, Selection Committee members are prohibited from communicating with anyone, either verbally or in writing, regarding the proposals, outside of the scheduled and publicly noticed Selection Committee meetings. Violations of § 286.011, Florida Statutes are very serious and have legal and ethical ramifications. If a vendor or proposer contacts a Committee member, the member must refer the vendor or proposer to the Town Page 289 21 Clerk. Selection Committee members are prohibited from participating in individual meetings, informal consultations, lunches, entertainment or any other direct or indirect contact with vendors or proposers. 3. After receipt of proposals, each Committee member must review and evaluate each proposal independently, without discussing their evaluation with other Committee members. 4. At the Selection Committee Meeting, the Committee must make a determination as to whether or not the RFP process generated enough competition through a satisfactory number of responses to the request. The Committee would then either: a) Recommend an acceptable proposal based on the evaluation process; or b) Recommend that the Commission reject all proposals received; thereafter restructure the RFP/process in an effort to obtain more responses. 5. Evaluations must be based on the criteria established in the solicitation. All criteria must be scored. If a member elects to score only some of the proposals or criteria, the evaluations completed by that member will not be counted in order to prevent skewing of the final scores. 6. Evaluations must be both qualitative and quantitative based on the evaluation criteria outlined in the solicitation. If a member scores a zero (0) in any category, that member must identify the deficiency and provide a written explanation for the zero (0) score. All scores and comments become part of the solicitation and contract file and are subject to disclosure under the Florida Public Records Law. Committee members should have a reasonable, rational, and consistent basis for their scores, and be prepared to explain their scores in the event of a protest or inquiry. 7. Prior to the Selection Committee meeting in a public forum, any questions, clarifications, or additional information requested from a proposer by a member must be submitted in writing through the Purchasing Agent. The Purchasing Agent is responsible for obtaining a written response from the proposer and sharing the response with all Committee members prior to the first publicly advertised meeting. 8. Score sheets must be completed prior to the Committee meeting where rankings will be determined. After the Selection Committee members have independently completed the initial review and scoring of all proposals, the Committee will convene at a publicly posted meeting to openly discuss the proposals. Members may adjust their initial scoring based on their interpretation of any additional information gained from the Committee's discussions. After all discussions have been completed each Page 290 22 Committee member shall finalize their scores. Each member is required to sign his/her score sheet and any note pages and submit them to the Chairperson as part of the public record. 9. Score sheets will be tabulated and ranked from the highest to the lowest by the Chairperson. 10. Depending on the outcome of the scoring, the Committee will recommend one of the following: a) Award the contract to the highest ranked proposer; or b) Shortlist the top ranked proposers and request scheduling of oral presentations. 11. If the Committee recommends awarding the contract to the highest ranked proposal, no further action is required by the Selection Committee. 12. If oral presentations are requested, the Selection Committee shall identify which proposers will be asked to provide oral presentations. The Selection Committee may request oral presentations from as many proposers as necessary; however, it is recommended that the Committee come to a consensus and request presentations only from the top-ranked proposers. 13. When oral presentations are requested by the Selection Committee, the members shall submit a written request to the Chairperson for specific areas needing additional explanation and/or clarification or any other information the Committee would like the proposers to provide during the oral presentations. These questions must be submitted at a public meeting. 14. All proposers selected for oral presentations will be notified in writing of the publicly posted meeting by the Committee Chairperson or designee, identifying the date, time, location, with a uniform script listing the specific questions or information requested by the Selection Committee to be addressed at the presentation. 15. Prior to the oral presentations, the Chairperson will provide the evaluation criteria and score sheets to the Selection Committee. 16. During the oral presentations, Committee members will be able to ask questions of the proposers for a clear understanding of each proposer's position. 17. After oral presentations are completed, the Committee will have the opportunity to Page 291 23 continue discussions among themselves. After discussions are completed, each member shall finalize their scores. Each member is required to sign his/her scoring sheet and any note pages and submit them to the Chairperson as part of the public record. 18. Score sheets will be tabulated and ranked from the highest to the lowest by the Chairperson. The award recommendation will be for the proposer with the highest ranked score. 19. The Selection Committee Chairperson shall work with the Town department on a recommendation to award for processing through the Town Manager and/or the Town Commission, as appropriate. K. Cone of Silence Any person participating in a competitive solicitation issued by the Town shall comply with Section 2-355 of the Palm Beach County Code of Ordinances, as amended. L. Protest Procedures Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, contractors or consultants that do not submit a bid or proposal, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. A party will have standing to protest or appeal a determination made pursuant to this Section if that party has a substantial interest to be determined by the Town. For example, if the party protesting/appealing is not the second lowest bidder who would receive the award if the challenge was successful, then that party does not have standing. M. Procedure 1. Upon notification by the Town that a proposer or responder is deemed non-responsive and/or non-responsible, the proposer or responder who is deemed non-responsive and/or non- responsible may file a protest with the Purchasing Agent by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such proposer or responder to verify the operating hours of Town Hall. 2. After a Notice of Intent to Award an Agreement is posted, any actual proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Agent by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of Town Hall. Page 292 24 A Notice of Intent to Reject all Proposals or Responses is not subject to the protest procedure. 3. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Agent. The clock located in the Town Clerk’s office shall govern. N. Protest Bond Any proposer or responder filing a protest shall simultaneously provide a Protest Bond to the Town in the amount equaling ten percent (10%) of the recommended award price pertaining to the protested RFP, RFQ, etc., documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the Town. The Protest Bond shall be in the form of a cash or a letter of credit with a bank located in Palm Beach County, Florida. O. Protest Committee The Protest Committee shall review all protests at a public meeting as soon as possible or no later than thirty (30) days after a bid protest is filed. The Town Manager shall appoint the members of the Protest Committee. No member of the Town Commission shall serve on the Protest Committee. The Town Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the Town Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the Town Commission. All the actual responders or proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the Town Commission. P. Stay of award of Agreement or Sealed Competitive Method In the event of a timely protest, the Purchasing Agent shall stay the award of the Agreement or the Sealed Competitive Method unless the Town Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the Town. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. Q. Appeals to Town Commission Any actual proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the Town Commission by filing an appeal with the Town Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing Page 293 25 and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the Town Clerk. R. Failure to File Protest Any actual proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the Town Commission's award. VII. INFORMAL SOLICITATIONS Acquisitions of or contracts for non-real property, goods, or services where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $50,000 or less shall not be subject to a Sealed Competitive Method. The town will utilize the procurement methods outlined below based on the total purchase price. A. Purchase of Items up to $10,000 1. If a vendor does not require a Purchase Order, the ordering department may directly enter an invoice into the Town’s Accounts Payable system with an invoice attached that matches the goods or services ordered. 2. If a vendor requests a Purchase Order, a Town of Highland Beach purchase requisition must be completed by the ordering department and approved by the department head or his/her designee prior to the purchase being made. 3. The requisition, with all supporting documentation attached, must be approved by the Finance Department for verification of the availability of unencumbered budgeted funds. 4. The requisition, with all supporting documentation attached, must then receive final review and approval from the Town Manager or his/her designee. 5. Once fully approved, the requisition is converted to a Purchase Order by the Support Services Department. 6. After conversion to a Purchase Order, the ordering department will receive an automated email notification from the Town’s ERP system that the requested Purchase Order has been issued. B. Purchase of Items $10,000.01 to $50,000.00 1. A minimum of three written quotes are required to demonstrate due diligence in obtaining high-quality goods and services at a commercially reasonable price. When the required number of quotes is not obtained, the ordering department must submit Page 294 26 documented evidence and/or written justification for review and authorization by the Town Manager. 2. A Town of Highland Beach purchase requisition must be completed by the ordering department and approved by the department head or his/her designee prior to the purchase being made. 3. The requisition, with all supporting documentation attached, must be approved by the Finance Department for verification of the availability of unencumbered budgeted funds. 4. The requisition, with all supporting documentation attached, must then receive final review and approval from the Town Manager or his/her designee. 5. Once fully approved, the requisition is converted to a Purchase Order by the Support Services Department. 6. After conversion to a Purchase Order, the ordering department will receive an automated email notification from the Town’s ERP system that the requested Purchase Order has been issued. VIII. DIRECT ACQUISITION PROCUREMENTS A. Professional Services Except as otherwise provided for in Florida Law (e.g., CCNA), contracts for professional services (which include but are not limited to services provided by architects, engineers, surveyors, attorneys, physicians, accountants, actuaries, lobbyists and financial advisors) may be made or entered into by the Town Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of professional services where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 are subject to approval by the Town Commission. For those professional services governed by the CCNA, staff shall confirm whether the CCNA procedures are applicable due to the estimated amount of the proposed contract. B. Specialty Goods and Services Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the Town Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of specialty goods and services, where the expenditure by the Town is estimated to be greater than $50,000.00, are subject to approval by the Town Commission. Page 295 27 C. Emergency Acquisitions The Town Manager may acquire or contract for non-real property, goods, or services required in contemplation of, preparation for, or during an Emergency without utilizing a Sealed Competitive Method or the Written Quotations Method regardless of the amount. Emergency acquisitions of non-real property, goods or services where the expenditure by the Town is greater than $50,000.00 must be ratified by the Town Commission as soon as practicable. D. Sole Source The Town may acquire or contract for non-real property, goods or services that are available to the Town from only one source without utilizing the Sealed Competitive Method or Written Quotations Method. Sole Source acquisitions where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 are subject to approval by the Town Commission. E. Town Standard Where the Town has determined that a particular style, brand, make, or model is the only type that meets the Town's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the Town, the Town may acquire or contract for such goods without utilizing a Sealed Competitive Method or the Written Quotations Method. Town Standard acquisitions where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 are subject to approval by the Town Commission. F. Utilization of Other Governmental Entities' Contracts The Town may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the desired goods or services are the subject of a contract with the State, its political subdivisions or other local governmental entities in the State, with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association) or with the United States government or national cooperatives, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the Town Attorney. Some terms and conditions of the existing contract may be modified by the Town so long as they do not substantially change the purchase. Acquisitions utilizing other governmental entities' contracts where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 are subject to approval by the Town Commission. Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. Page 296 28 If the Town desires to utilize another governmental entity's contract, the Town shall make an effort to receive the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the State. The terms and conditions shall remain the same as the original agreement. G. Cooperative Acquisitions The Town may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the Town participates in joint procurement of non-real property, goods or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with Chapter 163 Florida Statutes. Cooperative acquisitions where the expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00 are subject to approval by the Town Commission. H. Utilities Water, cable, sewer, gas, electrical, internet (wifi), telephone and other utility services may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without Town Commission approval. I. Resale Food, beverages and merchandise purchased for resale, may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without Town Commission approval. J. Employee Benefits and Health Services Employee Benefits and health related services may be procured/renewed directly through a negotiating process conducted by an expert in the field, or to maintain continuity of employee- health records, and not be subject to competitive procurement methods. K. Property, Casualty, Workers Compensation, Liability, Automobile Insurance Insurances may be procured/renewed through a negotiating process and is not subject to competitive procurement methods. L. Best Interest Acquisitions The Town may acquire or contract for non-real property, goods, or services without utilizing a formal solicitation method or written quotations if the Town Commission declares by at least a four-fifths (4/5) affirmative vote that the formal solicitation or written quotations methods are not in the best interest of the Town. The Town Commission shall make specific factual findings that support its determination, and such contracts shall be placed on the regular Town Commission agenda. This provision may not be used when the purchasing or procurement Page 297 29 method is prescribed by state law, such as F.S. Sections 287.055 or 255.20, as amended. IX. FORM OF CONTRACT A. Written Agreements Written agreements shall be utilized for all acquisitions of non-real property, goods or services where the total expenditure by the Town (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $50,000.00. The Town may utilize a written agreement for any acquisition of less than $50,000.01 that the Town deems appropriate. All written procurement agreements must be approved as to form and legality by the Town Attorney and executed by the Town Attorney. B. Purchase Orders Where no other form of contract exists, purchase orders, in a form pre-approved by the Town Attorney, shall be utilized for acquisitions of non-real property, goods or services where the total expenditure by the Town is estimated to be greater than $10,000. The Town may utilize a purchase order for any acquisition of $10,000 or less that the Town deems appropriate. No change shall be made to the pre-approved purchase order form without express approval of the Town Attorney. X. CHANGE ORDERS A. Town Commission Approved Contracts 1. Any Change Order that materially expands or alters the scope of the work in a Town Commission approved contract shall be subject to prior approval by the Town Commission. 2. The Town Manager may approve a Change Order provided that it does not alter the scope of the work in a Town Commission approved contract and that the cumulative total of all change orders, for the duration of the contract, does not exceed twenty percent (20%) of the contract amount or $100,000, whichever is less. 3. Any Change Order that extends the original substantial or final completion date of a Town Commission approved contract shall be subject to prior approval by the Town Commission, except for the time allowed under Article VIII. B. Town Manager Approved Contracts The Town Manager is authorized to approve a Change Order to a contract that was not approved by the Town Commission, provided that the Change Order does not cause the total acquisition from the vendor to exceed the aggregate sum of $50,000 during any Fiscal Year pursuant to Article Page 298 30 VIII. XI. TERMINATIONS, EXTENSIONS, AND RENEWALS A. Town Commission Approved Contracts 1. Contracts approved by the Town Commission may be terminated only by the Town Commission. If the Town Manager desires to terminate a Town Commission approved contract, the Town Manager may suspend the work under the contract until the Town Commission makes a final determination. 2. The Town Manager may extend a Town Commission approved contract for up to 90 days. The extension of any Town Commission approved contract for longer than 90 days shall be subject to prior approval by the Town Commission. In the event of an Emergency, the Town Manager may extend a Town Commission approved contract without Town Commission approval, subject to later ratification by the Town Commission. 3. When a contract is entered into by the Town pursuant to Town Commission approval and provides for one or more renewals by affirmative action of the Town, only the Town Commission may approve such renewals. 4. The Town Manager may suspend a Town Commission approved contract for up to 90 days. Suspension of a Town Commission approved contract for longer than 90 days shall be subject to Town Commission approval. B. Town Manager Approved Contracts 1. Contracts that were not approved by the Town Commission may be terminated by the Town Manager. 2. The Town Manager is authorized to extend for up to 120 days any contract entered into by the Town that was not approved by the Town Commission. 3. When a contract is entered into by the Town pursuant to Town Manager approval and provides for one or more renewals by affirmative action of the Town, the Town Manager is authorized to approve such renewals without Town Commission approval. 4. Contracts that were not approved by the Town Commission may be suspended by the Town Manager. Page 299 31 XII. BLANKET PURCHASE ORDERS Blanket purchase orders are used when commodities, products, and services are purchased on a regular and routine basis, and the cost for the item(s) or the specified quantity cannot be easily identified (i.e. fuel, routine vehicle maintenance, janitorial supplies, etc.). A blanket purchase order may be issued for a not-to-exceed dollar amount and for a set period of time. Use of blanket purchase orders are not designed to get around the requirement to competitively bid items for known quantities of commodities, products and services (i.e. annual chemical purchases, annual landscape maintenance, etc.). All blanket purchase orders close at the end of the fiscal year. No capital items may be purchased with a blanket purchase order. Blanket Purchase Orders are subject to the Purchasing Procedures defined in this manual. Blanket purchase orders do not require quotes when the not to exceed amount is $10,000 or less. XIII. UNBUDGETED PURCHASES In the event that a department needs to purchase an item or items that are outside of the amount which was originally part of the approved budget for their department, the following procedure will be followed:  Items $50,000 or less must be approved by the Town Manager.  Items over $50,000 must be approved by the Town Commission.  All unbudgeted purchase requests must be accompanied by a memo from the ordering department head explaining the immediate need for the items requested. XIV. PURCHASES NOT TO BE DIVIDED No purchase shall be divided or sub-divided to circumvent the competitive bid requirements of the State of Florida Statutes, Town of Highland Beach Code, or purchasing rules and regulations. XV. PROPERTY DISPOSAL A. Excess, Surplus, and Obsolete Materials It shall be the duty of the User Department Head to report all excess, surplus or obsolete materials to the Support Services Department. At this point, the Support Services Department and Town Manager, in conjunction with the User, will examine alternatives as to the most advantageous disposition of the items. Items could be refurbished or reconditioned, transferred, traded in on new equipment or sold by auction or sealed bid. The Town Manager shall have the authority to dispose of all non-real property that is determined Page 300 32 to have a book value or market value (whichever is greater) of less than $2,500 in any manner authorized by Chapter 274, Florida Statutes “Tangible Personal Property Owned by Local Governments”. Surplus non-real property with a book value or market value (whichever is greater) greater than $2,500 will be subject to Town Manager approval prior to its disposal. 1. The most gainful method for handling an item no longer needed by a department is to transfer it to another department that has a use for the item. 2. In replacing obsolete equipment, it may be financially advantageous to trade-in the old equipment. Requests for bids on the replacement item may call for bid prices with or without trade-in and provide that award may be made either way. 3. Excess, surplus and obsolete items (greater than $2,500) not transferred or traded-in may be consolidated and offered for sale by auction or by sealed bid method. Auctions can be traditional or contemporary including online auctions such as www.govdeals.com or similar websites. The property offered for sale will be on an “AS IS/WHERE IS” basis. The sale will be given public notice. Sealed bids will be opened at the time and place announced with the Town, retaining the right to reject any and all. 4. The Town Manager may declare that any non-real property that is determined by the Town Manager to have reached the end of its useful life and/or may expose the Town to potential liability from its continued use or sale and/or whose disposition cost exceeds its value, is junk. Non-real property declared by the Town Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the Town) and shall be rendered useless. B. Sale to Employees To avoid any appearance of impropriety in the disposition program, it will be the Town’s policy to prohibit the direct sale of surplus property to any Town Employee, Official or Agent. This policy does not prohibit any Town Employee, Official or Agent from extending an offer at a public auction or in the form of a sealed bid. C. Allocation of Proceeds Proceeds from the sale of excess or surplus property will go into the Town’s Fund that held the asset. Page 301 33 PURCHASING CARD POLICY I. PROCEDURES A. The Finance Director or designee shall be the Program Administrator for Purchasing related issues and will administer the Purchasing Card Program for the Town of Highland Beach. B. This policy is applicable to those departments who have identified employees who may use purchasing cards to purchase goods and services allowed under this policy. The decision to issue a purchasing card is the responsibility of the department director with the approval of the Town Manager. C. Since the Town of Highland Beach, not the individual employee, will pay for purchases made with the purchasing card for official Town use, additional controls have been added to these purchasing cards. D. The standard purchasing card limit is $2,500 per billing cycle. Department directors may establish lower limits for their employees. E. Purchasing Card Use 1. The purchasing card shall be used for Town of Highland Beach business only. 2. The purchasing card shall have the cardholder’s name embossed on it and shall only be used by that employee or another employee that has been established as an authorized purchaser on the cardholder’s account. 3. All items purchased using the purchasing card shall be available immediately; purchasing back ordered items is prohibited. 4. The Town is tax exempt and shall not be charged sales tax on any transactions. If the vendor charges sales tax in error, the cardholder must contact the vendor and obtain a credit equal to the amount of the sales tax. 5. All transactions require a sales receipt. A sales receipt may be referred to as an invoice and must include the following: a) Vendor name b) Itemized breakdown c) Grand total price d) Transaction date Page 302 34 II. DISPUTES A. If items purchased with the purchasing card are found to be defective or services faulty, the cardholder has the responsibility to return the item(s) for replacement or refund or have services redone or refunded. If the vendor refuses to replace or refund the item, or redo or refund the service, the purchase will be entered into dispute. B. The cardholder shall notify the credit card provider, the Town’s Program Administrator, and their department head of any dispute situations. III. LOST OR STOLEN CARDS A. Should any employee lose or have their purchasing card stolen, it is the responsibility of the employee to immediately notify the card issuer, their department head, and the Program Administrator of the loss. The appropriate Police Department should also be notified depending on situation, i.e., robbery, burglary, etc. B. The following information must be provided to the department head and the Program Administrator: 1. Complete name as it appears on the card 2. Card number 3. Date police were notified (if stolen) 4. Date card issuer was notified 5. Purchases made on the day the card was lost or stolen C. The department head is required to make a written report to the Program Administrator WITHIN ONE (1) WORKDAY including: 1. Complete information on the loss 2. Date the loss was discovered 3. Location where the loss occurred, if known 4. Purchases cardholder made prior to the loss 5. Any other pertinent information D. Should the card be found, it must be returned to the Program Administrator for destruction. IV. TERMINATING EMPLOYEE A. The Program Administrator, or designee, will be responsible to collect and destroy the purchasing card upon termination, resignation, or retirement. The Program Administrator will Page 303 35 notify the issuer and destroy the purchasing card. B. In the event that the Program Administrator, or designee, is not able to collect the purchasing card when the employee is terminated or otherwise leaves the employment of the Town, the Program Administrator, or designee, shall immediately notify the card issuer by telephone and follow-up with a memo to take action to ensure the purchasing card is voided. C. The Program Administrator, or designee, will confirm at the exit interview that the purchasing card has been turned in. V. DISCIPLINARY ACTION GUIDELINES A. Any incident of improper or unauthorized use of the card shall be immediately reported to the Program Administrator, or designee, and the Town Manager. B. The Program Administrator, or designee, and the Town Manager may suspend or terminate cardholder privileges for improper or unauthorized use, or otherwise in the Town’s sole discretion at any time and without prior notice. C. The appropriate disciplinary action will be taken as per the Town of Highland Beach Personnel Rules and Regulations. Improper or unauthorized use of the card as specified within this policy may subject the employee to appropriate disciplinary action, such as: 1. Written reprimand to be maintained in employee’s personnel file. 2. Suspension without pay. 3. Termination of employment. D. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the Town of Highland Beach for the total amount of improper charges through a payroll deduction, in accordance with applicable law. The Town may also initiate any other lawful collection methods necessary in its sole discretion. E. Failure to submit properly completed reports related to cardholder activity during the time periods specified within this policy may subject the employee to appropriate action, such as: 1. First Offense – Suspension of cardholder privileges for a minimum of thirty (30) business days. 2. Second Offense – Termination of cardholder privileges and a written reprimand to be maintained in the employee’s personnel file. Page 304 36 VI. PROGRAM GUIDELINES Several unique controls have been developed for the Purchasing Card Program that do not exist in a traditional credit card environment. These controls ensure that the card can only be used for specific purchases and within specific dollar limits. A. General Information 1. The unique purchasing card that an employee receives has his/her name embossed on it and the words “TOWN OF HIGHLAND BEACH”. It shall only be used by that employee or another employee that has been established as an authorized purchaser on the cardholder’s account. 2. The purchasing card shall only be used for Town business and shall not be used to make personal purchases. 3. The standard purchasing card spend limit is $2,500 per billing cycle. 4. All cardholders shall sign a Town of Highland Beach Cardholder Agreement Form at the time of card issuance. B. Conditions 1. Each single purchase may be comprised of multiple items, but the total cannot exceed the single purchase dollar limit on the purchasing card. 2. The least expensive item that meets the Town of Highland Beach basic needs should be sought. 3. Cardholders must follow their department’s administrative control of funds procedures to ensure that sufficient funds are available prior to making a purchase. Items purchased with a purchasing card will be reconciled to the appropriate expense line item. C. The purchasing card issuer will not request any personal information from the cardholders, nor should any personal information be furnished to the purchasing card issuer. D. Use of the purchasing card does not relieve the cardholder from complying with Federal, state, and local laws, ordinances, and regulations. E. The purchasing card is not intended to replace effective procurement planning which enables volume discounts or appropriate travel arrangements. F. Questions regarding a purchasing account or specific purchasing card procedures should be directed to the Program Administrator, or designee. Page 305 37 G. The following list covers purchases for which purchasing card use is prohibited: 1. Cash advances. 2. Personal items. 3. Fuel – Exception for pre-approved travel in a Town or rental vehicle. 4. Phone services. 5. Professional services (Architects, Engineers, Attorneys, Physicians, etc.) 6. Supplies or services related to personal memberships or agreements. 7. Gift cards. 8. Specifically set department restrictions. VII. PROCEDURES FOR PURCHASING CARD RECONCILIATION A. Monthly statements are mailed directly to employees who are assigned a Purchasing card. Upon receipt of the statement, the cardholder should complete the following reconciliation steps before the end of the month: 1. Review the statement for accuracy and report any errors to PNC any of the following ways: a) Mail – PO Box 2859 Kalamazoo, MI 49003-2859 b) Fax – (269) 973-1688 c) E-mail – billinginquiries@pnc.com 2. Enter the details for each transaction then upload the supporting documents in the BS&A Accounts Payable Module as follows: a) Invoice Date - Transaction/Post Date on the Statement b) Due Date - 4th of the month following the statement closing date B. If there is a credit/return, enter the transaction with a minus in the “amount” field. C. Upon completion of entering the transactions from the statement, double-check to ensure that the total transactions entered (Including credits) matches the total activity reflected on the statement. Page 306 38 TOWN OF HIGHLAND BEACH CARDHOLDER AGREEMENT FORM Please review the terms stated below, sign, date and return to the Purchasing Division upon receipt of your Purchasing Card. Please note that this Cardholder Agreement also acts as your signature card and will be kept on file in the Purchasing Division. I, _____________________________________________, hereby acknowledge receipt of a Town of Highland Beach Purchasing Card and have reviewed the Town’s Purchasing Card Policy. Card Number: _____________________________________________________________ (the “Purchasing Card”), is received in good condition, with both the Town’s name and mine appearing on the face of the Purchasing Card. I have verified the information contained thereon and attest to its accuracy. “Proper and Authorized Charges” shall mean charges which conform to and meet all requirements of the Purchasing Card Policy and any other applicable law, ordinance, rule or regulation. I hereby agree to abide by the Ethics in Public Contracting as detailed in the Palm Beach County Code of Ethics Ordinance. I agree to accept responsibility for the protection and proper use of the Purchasing Card in accordance with the above referenced instructions and policies and procedures. I understand that my use of the Purchasing Card is subject to audit by the Town, that my purchases with the Purchasing Card are limited to the dollar purchase limit per month as set forth in the policies and procedures and Purchasing Card charges for purchases shall not be split. Splitting charges will be considered abuse of the Purchasing Card program and may result in disciplinary action and revocation of the Purchasing Card. The Purchasing Card is not to be used to purchase certain commodities and services as outlined in the policies and procedures. I further understand that I am to use the Purchasing Card solely for proper and authorized charges for official business on behalf of the Town. I agree to immediately notify the Program Administrator by telephone or email if the Purchasing Card is lost or stolen. I also agree to immediately notify the Program Administrator if unauthorized charges appear on my Statement of Account. I understand that my failure to immediately notify the Program Administrator of unauthorized charges to my Statement of Account could make me responsible for improper or unauthorized charges. The improper or unauthorized use of the Purchasing Card may result in disciplinary action and or suspension or termination of the Purchasing Card and all associated Cardholder privileges. I understand that the Town may suspend or terminate my privileges to use the Purchasing Card at any time for any reason. If the Town initiates legal proceedings to recover amounts owed by me under this Agreement, I agree to pay court costs, reasonable attorney’s fees and other expenses incurred by the Town in such proceedings, assuming the Town prevails in such legal action. I agree to surrender the Purchasing Card immediately upon retirement, termination of employment, termination of Cardholder privileges, or upon the request of the Town. I understand that I will be held responsible for improper or unauthorized charges in accordance with the Purchasing Card Policy. ________________________________________ ______________________________ Cardholder Signature Date ________________________________________ ______________________________ Department Head Signature Date ________________________________________ ______________________________ Page 307 39 Town Manager Signature Date Page 308 TOWN OF HIGHLAND BEACH ORDINANCE NO 23-___ AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, AT CHAPTER 33 “ACQUISITION OF GOODS AND SERVICES,” SECTION 33-2 “METHODS OF ACQUISITION”; AMENDING SECTION 33-3 “TOWN COMMISSION APPROVAL”; AND FOR OTHER PURPOSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission wishes to update Chapter 33 “Acquisition of Goods and Services” to be consistent with updates made to the Town’s Purchasing Policy and Procedures; and WHEREAS, it has been determined that this ordinance serves a public purpose and is in the best interest of the public health, safety, and welfare of the Town of Highland Beach. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town of Highland Beach Code of Ordinances, is hereby amended at Chapter 33, “Acquisition of Goods and Services,” to read as follows: Chapter 33 – ACQUISITION OF GOODS AND SERVICES * * * Sec. 33-2. – Methods of acquisition. (a) Sealed competitive method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to a sealed competitive method, unless the town utilizes one of the methods that Page 309 ORDINANCE No. 23-____ 2 is exempt from the sealed competitive method or from obtaining quotes, as provided in subsection 33-2(c). (1) Competitive bids. Sealed competitive bids are utilized where price, responsiveness, and responsibility are the sole determining factors. (2) Requests for proposals, requests for qualifications, requests for letters of interest. Requests for proposals, requests for qualifications, and requests for letters of interest are utilized where price, responsiveness, and responsibility are not the sole determining factors. The town manager may appoint a selection committee to review the submissions received by the town in response to requests for proposals, requests for qualifications, and requests for letters of interest and make a recommendation to the town commission. The selection committee shall terminate upon the award of the contract, or such other time as determined by the town commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The clock in the town clerk's office shall govern. All bids, proposals and responses submitted pursuant to a sealed competitive method shall remain sealed until they are opened publicly on the date and time and location stated in the notice to bidders, proposers or responders, or as may be amended by addendum. (4) Town's reservation of rights. The town may utilize a sealed competitive method for any acquisition that the town deems appropriate regardless of the estimated cost of the acquisition. Until final award of contract, the town reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. (b) Purchasing policy. Acquisitions equal to or less than fifty thousand dollars ($50,000.00) under twenty-five thousand dollars ($25,000.00) shall be governed by the town's purchasing policy. (c) Exemptions from purchasing by the sealed competitive method or by obtaining a written quote. Page 310 ORDINANCE No. 23-____ 3 (1) Professional services. Except as otherwise provided for in Florida law, contracts for professional services (which include but is not limited to services provided by architects, engineers, surveyors, attorneys, accountants, actuaries, lobbyists and financial advisor s) may be made or entered into by the town manager without utilizing a sealed competitive method or obtaining written quotes. Acquisitions of professional services where the expenditure by the town (including expenditures during renewal periods, but not ex penditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. (2) Specialty goods and services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the town manager without utilizing a sealed compe titive method or obtaining written quotes. Acquisitions of specialty goods and services, where the expenditure by the town is estimated to be twenty-five thousand dollars ($25,000) or greater than fifty thousand dollars ($50,000.00), shall be subject to ap proval by the town commission. (3) Emergency acquisitions. The town manager may acquire or contract for non - real property, goods, or services required in contemplation of, preparation for, or during an emergency without utilizing a sealed competitive metho d or obtaining written quotes regardless of the amount. Emergency acquisitions of non -real property, goods or services where the expenditure by the town is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to ratification by the town commission as soon as practicable. (4) Sole source and town standard. a. Sole source. The town may acquire or contract for non -real property, goods or services that are available to the town from only one source without utilizing the sealed competitive method or obtaining written quotes. Sole source acquisitions where the expenditure by th e town Page 311 ORDINANCE No. 23-____ 4 (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. b. Town standard. Where the town has determined that a particular style, brand, make, or model is the only type that meets the town's requirements for performance, consistency, compatibility or other salient characteristics, and such determina tion has resulted in there being only one source available to the town, the town may acquire or contract for such goods without utilizing a sealed competitive method or obtaining written quotes. Town standard acquisitions where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commis sion. (5) Utilization of other governmental entities' contracts. a. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the desired goods or services are the subject of a contract with the state, its political subdivisions or other local governmental entities in the state, with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs' Association and the Florida Fire Chiefs' Association) or with the United States government or national cooperatives, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the town attorney. Acquisitions utilizing other governme ntal entities' contracts where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than Page 312 ORDINANCE No. 23-____ 5 fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. b. Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. c. If the town desires to utilize another governmental entity's contract, the town shall require the vendor to certify that the price or rate represents the lowest price or rate for the non -real property, goods or services of any contract between the vendor and any other governmental entity within the state. (6) Cooperative acquisitions. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the town participates in joint procurement of non - real property, goods or services with other public entities within the state, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with o ther governmental entities in accordance with F.S. Ch. 163. Cooperative acquisitions where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. (7) Utilities. Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a sealed competitive met hod or obtaining written quotes and without town commission approval. (8) Resale. Food, beverages and merchandise purchased for resale, may be acquired without utilizing a sealed competitive method or obtaining written quotes and without town commission ap proval. (9) Employee benefits and health services. Employee benefits and health related services may be procured/renewed directly through a negotiating process Page 313 ORDINANCE No. 23-____ 6 conducted by town staff and/or an expert in the field, or to maintain continuity of employee-health records, and is not subject to competitive procurement methods. (10) Property, casualty, workers compensation, liability, automobile insurance. Insurance may be procured/renewed directly through a negotiating process conducted by town staff and/or an e xpert in the field, or to maintain continuity of insurance records, and is not subject to competitive procurement methods. (11) Best interest acquisitions. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the town commission declares by at least a four - fifths (⅘) affirmative vote that the sealed competitive method or obtaining written quotes is not in the best interest of the town. The town commission sh all make specific factual findings that support its determination, and such contracts shall be placed on the regular town commission agenda. This provision may not be used when the purchasing or procurement method is prescribed by state law, such as F.S. § 287.055 or 255.20, as amended. Sec. 33-3. – Town commission approval. (a) Acquisitions of twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00). Except as otherwise set forth in the Code, Aacquisitions of or contracts for non -real property, goods or services where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to prior approval by the town commission , except for emergency acquisitions, which are subject to subsequent ratification by the town commission pursuant to subsection 33-2(c)(3). (b) Multiple acquisitions from a vendor exceeding twenty-fivefifty thousand dollars ($2550,000.00) in any fiscal year. Acquisitions of or contracts for non -real property, goods or services from the same vendor exceeding the aggregate sum of twenty-five fifty thousand dollars ($2550,000.00), per project, shall not be permitted from the same vendor Page 314 ORDINANCE No. 23-____ 7 during the course of any fiscal year, unless the acquisition is first approved by the town commission. This subsection shall not apply to utility acquisitions. * * * Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg PASSED on first reading at the Regular Commission meeting held on this _____ day of _________________, 2023. The foregoing Ordinance was moved by _________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Page 315 ORDINANCE No. 23-____ 8 Commissioner Judith M. Goldberg PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2023. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Town Clerk Glen Torcivia, Town Attorney Town of Highland Beach Page 316