2023.11.21_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, November 21, 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. State of Education Report by School Board Member Erica Whitfield, District 4
School District of Palm Beach County
B. Resolution No. 2023-033
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 Code
Enforcement Board; and providing for an effective date.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
7. ANNOUNCEMENTS
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Town Commission Meeting Agenda November 21, 2023
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Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies, for a three year-terms
and
One (1) vacancy for an unexpired term ending
September 21, 2024
Planning Board One (1) vacancy for an unexpired term
ending May 4, 2024
Meetings and Events
November 23 - 24, 2023 Town Hall Closed in observance of Thanksgiving
December 05, 2023 1:30 P.M. Town Commission Meeting
December 07, 2023 9:30 A.M. Financial Advisory Board Regular Meeting
December 07, 2023 5:30 P.M. - 7:30 P.M. Mingle and Jingle Holiday Event at
St. Lucy Catholic Church
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
November 07, 2023 Town Commission Meeting Minutes
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. Continued discussion of Milani Park
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Town Commission Meeting Agenda November 21, 2023
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11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Approve and authorize Town staff to purchase the Bauer Model L13 -E3 Breathing
Air Station from Compressed Air Supplies & Equipment, Inc. in the amount of
$52,805.00 for the Fire Rescue Department (piggyback NPPGov contract
#PS20095).
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
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 assistanc e.
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File Attachments for Item:
B. Resolution No. 2023-033
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 Code Enforcement Board; and providing for an
effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE November 21, 2023
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2023-033
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 Code Enforcement Board; and providing for an effective
date.
SUMMARY:
Consideration of Resolution No. 2023-033 ratifying the selection, appointments, and term of
office of a member of the Code Enforcement Board (CEB); and providing for an effective date.
On October 17, 2023, one (1) member resigned from the Code Enforcement Board which
created one (1) vacancy for an unexpired term ending on September 21, 2024.
The Town Clerk’s Office received two (2) board applications for Town Commission
consideration. The applicant names are as follows:
David Kaufman (Edgewater Townhomes)
Michael Thorson (Ocean Aire Condo)
As set forth in Sec. 2-99, in the Town' s code, terms for all boards shall be three (3) years and
no board member may serve more than two (2) consecutive terms on the same board without
first taking a one-year hiatus from the board. Appointments for partial terms shall not count
toward the two-term limit. Additionally, in accordance with Resolution 19-029, the Human
Resources Division reported preliminary background checks on all applicants to the Town
Clerk’s Office. The background check results disclosed there were no objectionable findings.
In addition, there were no code violations.
FISCAL IMPACT:
N/A
ATTACHMENTS:
David Kaufman Application, Resume, and vetting form.
Michael Thorson Application, Resume, and vetting form.
Resolution No. 2023-033
RECOMMENDATION:
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With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
033 for one applicant to serve a term as outlined in the resolution.
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RESOLUTION NO. 2023-033
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
CODE ENFORCEMENT BOARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2, Article V, Division 2, Sec. 2-113 of the Town’s Code of
Ordinances establishes the Code Enforcement Board and governs the membership, qualification,
function, and rules of the Code Enforcement Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Code Enforcement Board; and
WHEREAS, on October 17, 2023, one (1) board member resigned, thereby opening one
(1) vacancy on the Board; and
WHEREAS, the Town Clerk’s Office received two (2) applications for consideration; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the chairperson of the Code Enforcement Board interviewed the applicants
and recommends that the Town Commission appoint one applicant to the Board; and
WHEREAS, Town residents interested in serving on or continuing to serve on the Code
Enforcement Board have submitted a board application for the Town Commission’s consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
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Resolution No. 2023-033
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Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, one (1) member has been
selected by the Town Commission to serve on the Code Enforcement Board for an unexpired term
expiring September 21, 2024, as follows:
Board Member:
Section 3. This Resolution shall become effective upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 21st day of November 2023.
Natasha Moore, Mayor
ATTEST: 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
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MEMORANDUM
3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487
Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582
TO: Lanelda Gaskins, MMC, Town Clerk
FROM:
DATE:
SUBJECT: Initial Vetting of Applicant:
==========================================================
On ______________________ (date), I met with ________________________ (applicant’s name)
to discuss his/her community involvement, education, professional experiences and the positive
impact he/she could bring to this Board for the betterment of the Highland Beach community.
Detail Explanation:
Based upon my review of the Resume’, the Board Application and the Interview today, my
recommendation is as follows:
For the Appointment of this Applicant
Against the Appointment of this Applicant
Signature of Board Chairperson
Dr. David Kaufman10/23
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Michael Robert Thorson
4206 S. Ocean Boulevard, #3, Highland Beach, FL 33487 | 954-801-2425 | thorson12000@yahoo.com
Summary of Qualifications
• Florida Licensed Insurance Adjuster #W471869
• Knowledgeable about coastal building risk mitigation
• Expert, professional communication skills
• Extensive Fundraising Development Experience
2018-2023 Nonprofit Consultant, PhilanthroPros, Pompano Beach, FL
Partner for nonprofit fundraising firm assisting new and existing nonprofits to establish sound
development strategies. Developed and implemented major gifts cultivation strategies, planned giving,
annual funds and special events. Clients include(d) Christi Academy, Covenant Care, Senior Economic
Housing Development Council and others.
2007-2018 Nonprofit Consultant & Capital Campaign Manager, Thorson Strategic, Highland Beach, FL
Independently and as contracted co-counsel for leading fundraising firms, responsible for developing
and directing client development activities including capital campaigns (for new building construction),
strategic planning, major gifts, special events, volunteer management, board development, planned
giving, grant-writing and print correspondence. Clients included Immaculata LaSalle Catholic School,
Aurora Central Catholic School $3,500,000, St. Anastasia Catholic Church $4,500,000.
2003-2007 Development Director, Paralyzed Veterans Association (PVAF), Fort Lauderdale, FL
Secured new sources of funding through major gifts, grants and special events. Recruited volunteers and
established new fundraising initiatives including the Today’s Veteran Annual Fund and the organization’s
inaugural lead event. Additional responsibilities included community partnership development, collateral
and appeal letters, volunteer recruitment and corporate sponsorship.
2001-2003 Capital Campaign Director, Community Consulting Services (CCS)
Developed and directed capital fundraising campaigns for Catholic institutions. Archdiocese of Kansas
City ($50,000,000) and the Diocese of Des Moines ($35,000,000). Responsibilities included parish
campaign management, volunteer recruitment, collateral development, training and solicitation of lead
gifts.
Resume Note: Fundraising Consulting is my full-time job. But during hurricane season and in-between
consulting clients, I often serve as a building inspector for insurance companies and as an Independent
Insurance Adjuster, handling claims for homeowners impacted by hurricanes and other weather-related
disasters.
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EDUCATION
Continuing education in insurance adjusting as required by State of Florida
Catastrophe Adjusting Insurance Academy, June 2021
Southern Illinois University, BA Communications (Foreign Language/International Business)
College of DuPage, AA
VOLUNTEERISM
Habitat for Humanity
Salvation Army
Boca Raton Children’s Museum (former Board Member)
Association of Fundraising Professionals (Instructor)
OTHER
Florida Independent All Lines 6-20 Licensed Insurance Adjuster License #W471869
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File Attachments for Item:
A. Approval of Meeting Minutes
November 07, 2023 Town Commission Meeting Minutes
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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
TOWN HALL COMMISSION CHAMBERS
3614 S. OCEAN BLVD.
HIGHLAND BEACH, FL
Date: November 07, 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
Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: David/Goldberg – Moved to approve the agenda as presented, which
passed unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. Veterans Day Proclamation
Mayor Moore read the proclamation and acknowledged November 11th as
Veterans Day.
6. PUBLIC COMMENTS
Ms. Barbara Nestle provided public comments.
Ms. Joanne Ryan, Permit Sea Turtle holder provided comments.
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 2 of 8
7. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies, for a three year-terms
and
One (1) vacancy for an unexpired term
ending September 21, 2024
Code Enforcement Board One (1) vacancy for an unexpired term
ending September 21, 2024
Meetings and Events
November 09, 2023 9:30 A.M. Planning Board Regular Meeting
November 10, 2023 Town Hall closed in observance of Memorial Day
November 14, 2023 1:00 P.M. Code Enforcement Board Regular Meeting
November 21, 2023 1:30 P.M. Town Commission Meeting
Board Action Report
1. Planning Board Recommendations on the proposed amendment concepts
pertaining to the Accessory Marine Facility (AMF) and seawall regulations
of the Town Code.
Town Planner Ingrid Allen provided a brief history of the previous public meetings
of the Town Commission and Planning Board discussions on the p roposed
amendment concepts pertaining to the Accessory Marine Facility (AMF) and
seawall regulations of the Town Code. Chairperson of the Planning Board, Eric
Goldenberg discussed the Planning Board's recommendations on the proposed
amendment concepts. In addition, Mr. Jason Chudnofsky, a member of the
Planning Board, also provided comments on the matter.
Mayor Moore suggested that the Town Commissioners, who have not had an
opportunity to tour the Town waterways via the Police Department's Marine Patrol
Unit to schedule a tour with the Police Department to view the marina facilities
and seawalls.
This item will be placed on future Town Commission agendas for continued
discussion.
8. ORDINANCES (
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 3 of 8
A. Ordinance No. 2023-003 (Second Reading/Public Hearing)
An Ordinance of the Town Commission 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 (First Reading was October 03, 2023).
Mayor Moore mentioned this was the second reading of the ordinance. She
opened the item for public comments. Hearing none, she closed the public
comments.
MOTION: David/Goldberg – Moved to adopt Ordinance No. 2023-004. Upon
roll call: Commissioners David, Goldberg, and Peters (Yes), Vice
Mayor Stern and Mayor Moore (Yes). The motion passed
unanimously 5 to 0.
B. Ordinance No. 2023-004 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, calling for a Referendum of the Qualified Electors of the Town of
Highland Beach to be held on March 19, 2024, as to whether the Funding
Limitation of $350,000, set forth in Section 2.01(30) of the Town of Highland
Beach Charter, shall be adjusted to $900,000 to account for the past 32
years of inflation and be adjusted annually thereafter on June 1st
(beginning In 2025) in accordance with the Regional Consumer Price Index
(MSA); providing for notice and advertising of the referendum; providing
for referendum canvassing; providing for severability, the repeal of laws in
conflict, codification, and an effective date (First Reading was October 17,
2023).
Mayor Moore mentioned this was the second reading of the ordinance pertaining
to the referendum ballot question to increase the Town’s funding limitation. She
opened the item for public comments. Hearing none, she closed the public
comments.
MOTION: David/Stern – Moved to adopt Ordinance No. 2023-004. Upon roll
call: Commissioner David (Yes), Vice Mayor Stern (Yes),
Commissioners Goldberg and Peters (Yes), and Mayor Moore
(Yes). The motion passed unanimously 5 to 0.
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 4 of 8
C. Ordinance No. 2023-005 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town Of Highland Beach,
Florida, calling for a Referendum of the Qualified Electors of the Town of
Highland Beach to be held on March 19, 2024, as to whether the Town of
Highland Beach shall amend its Charter at Article I, Section 1.06(7) to
provide the Town Commission the discretion to designate, by resolution,
the Palm Beach County Canvassing Board to serve as Highland Beach's
Canvassing Board during the Uniform Municipal Elections; providing for
notice and advertising of the referendum; providing for referendum
canvassing; providing for severability, the repeal of laws in conflict,
codification, and an effective date (First Reading was October 17, 2023).
Mayor Moore mentioned this was the second reading of the ordinance pertaining
to the referendum ballot question related to the Canvassing Board. She opened
the item for public comments. Hearing none, she closed the public comments.
MOTION: David/Goldberg – Moved to adopt Ordinance No. 2023-005 on
second/final reading. Upon roll call: Commissioners David,
Goldberg, and Peters (Yes), Vice Mayor Stern, and Mayor Moore
(Yes). The motion passed unanimously 5 to 0.
D. Ordinance No. 2023-006 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, amending the Administrative Amendments to the 7th (2020) Edition
of the Florida Building Code to update and amend the requirements for
reinspection and recertification of existing threshold buildings and other
buildings owned by a condominium or cooperative association; providing
for the repeal of all ordinances in conflict; providing for severability and
codification; and providing for an effective date (First Reading was October
17, 2023).
Mayor Moore mentioned this was the second reading of the ordinance pertaining
to updating the building code. She opened the item for public comments. Hearing
none, she closed the public comments.
MOTION: David/Goldberg – Moved to adopt Ordinance No. 2023-006. Upon
roll call: Commissioners David, Goldberg, and Peters (Yes), Vice
Mayor Stern and Mayor Moore (Yes). The motion passed
unanimously 5 to 0.
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 5 of 8
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
October 17, 2023 Town Commission 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
Fire Chief Glen Joseph provided an update on the recruiting and hiring process
for firefighters, the construction of the fire rescue building, the fire truck, and
purchase of fire equipment.
There were conversations about future use and the potential to renovate the old
fire station area, the façade and painting all town owned buildings white. Town
Manager Labadie explained that Kaufmann Lynn Construction will provide draft
plans for the old fire station area along with cost. Fire Chief Joseph will speak
with Kaufmann Lynn about paint colors. Town staff will provide the Town
Commission with samples of paint colors.
Fire Chief Joseph mentioned Wednesday, December 6 is the Top Off Ceremony
hosted by Kaufman Lynn Construction. Also, the Town will receive the temporary
certificate of occupancy in mid-April of 2024 and the official certificate of
occupancy in June or July of 2024.
Town Manager Labadie talked about the State of Florida Joint Legislative
Committee’s draft preliminary operational audit findings related to the existing
interlocal agreement between the City of Delray Beach and the Town for fire
rescue services. The draft audit findings were released to the media last
Tuesday. He had not been contacted by the state nor made aware that the audit
findings were released. Town Manager Labadie also mentioned the reasons why
the Town chose to create its own fire rescue department. Besides, he talked
about the audit findings and lack of support documents to prove the findings.
Town Attorney Torcivia is preparing a response letter to the State Joint
Legislative Audit Committee expressing the Town’s concerns regarding the
process. Additionally, Town Manager Labadie has contacted an outside legal
counsel to develop a pre-litigation strategy to protect the Town’s interests.
Town Attorney Torcivia provided comments about the turmoil , turnovers, and
mismanagement of the City of Delray Beach over the past ten years. He
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 6 of 8
commented that he would be embarrassed if he was Delray Beach. He also
believed that the Town overpaid the City of Delray Beach.
The next steps: 1) Town Manager Labadie and Attorney Torcivia will work on the
immediate response to the Joint Legislative Audit Commi ttee expressing the
Town’s concerns; 2) the Town Manager will speak with an outside expert legal
counsel about pre-litigation strategies; 3) the Town’s external auditor will close
out their research so the Town will have a record; 4) the Town Manager will
provide the Town Commission with an update on the matter regularly; and 5)
Town Manager plan to attend the upcoming Joint Legislative Committee meeting
for the final audit findings.
Mayor Moore opened the item for public comments.
Mr. Jason Chudnofsky provided comments.
Hearing no further comments, Mayor Moore closed the public comments.
B. Florida Department of Transportation (FDOT) RRR Project Update
Town Manager Labadie announced FDOT sent out a Public Notice about their
meeting in Boca Raton related to the Boca project. Town staff will send the notice
out to the public.
C. Building Department Recertification Program Update
Town Manager Labadie reported that the program is working well.
D. Continued discussion of Milani Park.
Town Manager Labadie reported the following:
On February 1, 2024, Palm Beach County will host a public input meeting about
the development of Milani Park.
He is making calls to find an archeologist and a special counsel to help with
reviewing the work of the county.
He spoke about Senate Bill 108 – Live Local as it relates to development.
11. NEW BUSINESS
A. Approve and authorize the Town Manager to execute a Construction
Services Agreement with Baxter & Woodman, Inc. in the amount of
$89,935.22 for Lift Station No. 3 Rehabilitation Project.
Mayor Moore read the title of this item.
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 7 of 8
MOTION: David/Goldberg – Moved to approve and authorize the Town
Manager to execute a Construction Services Agreement with Baxter
& Woodman, Inc. in an amount of $89,935.22 for Lift Station No. 3
Rehabilitation Project. Upon roll call, Commissioners David,
Goldberg, and Peters (Yes), Vice Mayor Stern and Mayor Moore
(Yes). The motion passed unanimously 5 to 0.
B. Approve and authorize Town staff to purchase an annual supply of sulfuric
acid, sodium hydroxide and corrosion inhibitor chemicals from multiple
vendors in an amount of $173,008.40 for the Town's Water Treatment Plant
operations.
Mayor Moore read the item for this item. Public Works Director Pat Roman
provided comments about this item.
MOTION: David/Goldberg – Moved to approve and authorize Approve and
authorize Town staff to purchase an annual supply of sulfuric acid,
sodium hydroxide and corrosion inhibitor chemicals from multiple
vendors in an amount of $173,008.40 for the Town's Water
Treatment Plant operations. Upon roll call: Commissioners David,
Goldberg, and Peters (Yes), Vice Mayor Stern and Mayor Moore
(Yes). The motion passed unanimously 5 to 0.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked everyone that spoke at the meeting
today. She will be attending the Florida League of Cities meeting next week.
Commissioner Donald Peters thanked Town Planner Allen, Chairperson Goldberg,
and Mr. Chudnofsky for their comments today. He also thanked the veterans for their
serve.
Commissioner Evalyn David expressed sympathy for the people who have lost loved
ones and those that have been injured because of the conflict in the middle east.
Vice Mayor David Stern announced that there will Condo Presidents and Managers
meeting on Thursday, November 9.
Mayor Natasha Moore announced that State Representative Peggy Gossett -
Seidman, District 91 is a co-sponsor along with Florida House Representative
Katherine Waldron, District 93, and Senator Lori Berman on Senate Bill 125 (House
Resolution 125) regarding the State of Israel. She also thanked State Representative
Gossett-Seidman.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia had nothing to report.
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Town Commission Meeting Minutes
Date: November 07, 2023 Page 8 of 8
14. TOWN MANAGER’S REPORT
Town Manager Labadie reported the following:
The Mingle and Jingle Holiday Community Event will be held on Thursday, December
7 from 5:30 P.M. to 7:30 P.M. at Saint Lucy Catholic Church. He thanked Reverand
Father Horgan.
Congratulations to Eric Marmer! He was selected as the new Town Manager for the
Town of Manalapan.
The Top Off Ceremony hosted by Kaufman Lynn Construction will be held on
Wednesday, December 6 at 12:30 P.M.
He mentioned that the efforts the Town Commission is making to create its own Fire
Department will be amazing, successful, and will provide unparallel services to the
community.
15. ADJOURNMENT
The meeting adjourned at 3:48 P.M.
APPROVED: November 21, 2023, Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Lanelda Gaskins
11/21/2023
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/.
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File Attachments for Item:
A. Approve and authorize Town staff to purchase the Bauer Model L13-E3 Breathing Air
Station from Compressed Air Supplies & Equipment, Inc. in the amount of $52,805.00
for the Fire Rescue Department (piggyback NPPGov contract #PS20095).
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 11/21/23
SUBMITTED BY: Fire Rescue Department
SUBJECT: Piggyback Procurement – Bauer Model L13-E3 Breathing Air Station
SUMMARY:
The Bauer Model L13-E3 breathing air station is an advanced and top-performing air
compressor system designed for demanding high-pressure applications. It is used to
efficiently refill self-contained breathing apparatus (SCBA) cylinders with purified air that
meets the highest standards for human respiration. This system purifies high -pressure air to a
quality that exceeds all recognized standards for breathing air. This e nsures that firefighters
have a reliable and safe source of breathing air when responding to fires or other hazardous
situations. The front-loading, three-position containment fill station ensures that the SCBA
cylinders are safely enclosed during the refilling process. BAUER compressors are renowned
for their quality and durability, making them a dependable tool for the Fire Rescue
Department.
A quote to supply the compressor and components was provided by Compressed Air Supplies
& Equipment through a cooperative purchasing group NPPGov contract with a discount off the
list price of 10% for the compressor and components.
FISCAL IMPACT:
$52,805.83
ATTACHMENTS:
Quote for Bauer Model L13-E3 breathing air station.
NPPGOV Contract
RECOMMENDATION:
Approve and authorize the purchase of Bauer Model L13-E3 Breathing Air Station in
accordance with NPPGOv contract #PS20095.
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LEAGUE OF OREGON CITIES
MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”)
by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190
(“LOC” or “Purchaser”) and BAUER COMPRESSORS, INC. (“Vendor”).
RECITALS
WHEREAS, the Vendor is in the business of selling certain HIGH PRESSURE BREATHING AIR
COMPRESSOR SYSTEMS AND ACCESSORY’S, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and
related services all upon and subject to the terms and conditions set forth herein; and
WHEREAS, through a solicitation for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS
(SCBA) the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE
OF OREGON CITIES as a result of its response to Request for Proposal No. 1920 for FIRE FIGHTER SELF
CONTAINED BREATHING APPARATUS (SCBA); and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal
meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and
WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to
benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO,
dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:
ARTICLE 1 – CERTAIN DEFINITIONS
1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this
Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including
Purchaser’s Request for Proposal No. 1920 (herein “RFP”) and Vendor’s Proposal submitted in response to
the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth
(sometimes referred to collectively as the “Contract Documents”).
1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances,
codes, rules, regulations, standards, orders and other governmental requirements of any kind.
1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever
payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as
required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal,
state or local law.
1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser
may prescribe from time to time.
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1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor
hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated
from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.
1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by
Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission
as Purchaser and Vendor may from time to time agree.
1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in
respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable
federal, state or local unemployment insurance law or regulation.
1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.
The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing
and administrative support for governmental entities within the membership. NPPGov’s membership includes
participating public entities across North America.
1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the
governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.
1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor
has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C
herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser”
under the terms of this Agreement.
1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as
applicable.
ARTICLE 2 – AGREEMENT TO SELL
2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order
from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and
conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by
Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this
Agreement.
2.2 Vendor may add additional products and services to the contract provided that any additions
reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to
the percentage discount for other similar products. Vendor may provide a web-link with current product
listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.
Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing
products on contract, is equal or superior to the original products offered, is discounted in a similar or to a
greater degree, and if the products meet the requirements of the solicitation. No products may be added to
avoid competitive procurement requirements. LOC may reject any additions without cause.
2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter
defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such
Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to
meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement
conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall
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govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard
printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any
application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this
Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this
Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.
2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting
Agency shall have no obligation to order or purchase any Products and Services hereunder and the
placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This
Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its
sole discretion, Products and Services that are identical or similar to the Products and Services described in
this Agreement from any third party.
2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents
shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;
2.6 Extension of contract terms to Participating Agencies:
2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to
Purchaser under this Agreement to Participating Agencies, that have executed an
Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each
Participating Agency’s local laws and regulations, in accordance with Attachment C. Each
Participating Agency will be exclusively responsible for and deal directly with Vendor on matters
relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and
Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser”
hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly
between them under and in accordance with the laws of the State in which the Participating
Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as
a result of the access and utilization of this Agreement by other Participating Agencies.
2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting
Agency and may not be appropriate under or meet Participating Agencies’ procurement laws.
Participating Agencies are urged to seek independent review by their legal counsel to ensure
compliance with all local and state solicitation requirements.
2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with
NPPGov, pursuant to the terms of the RFP.
2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this
Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the
Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.
See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services
identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies
within the state of Oregon.
ARTICLE 3 – TERM AND TERMINATION
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3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this
Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall
automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided,
however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by
providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension
anniversary of the Initial Term.
3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice
to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach
within thirty (30) days after receiving written notice of such breach from the non-breaching party.
ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY
4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance
with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on
Attachment A. Purchaser recognizes the items are sold FOB Ex-works Norfolk, Virginia and any costs
associated with freight, offloading and final placement of the equipment shall be tendered separately. Unless
Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall
remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and
may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be
extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members
upon execution of the IGA.
4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably
acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an
itemization of amounts for Products and Services purchased during the applicable invoice period and any
other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this
Agreement. Invoices shall be addressed as directed by Purchaser.
4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.
Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any
kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this
Agreement and all charges for packing, packaging and loading.
4.4 Except as specifically set forth on Attachments A and F and the aforementioned section 4.1,
Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in
connection with the Products and Services, including without limitation travel expenses, clerical or
administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).
4.5 Price reductions or discount increases may be offered at any time during the contract term and
shall become effective upon notice of acceptance from Purchaser.
4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery
costs, and subject to Attachments A, D, and F herein, Vendor shall offer via separate quote shipping costs to
the Purchaser’s location, as well off loading, final positioning and installation of the compressor system and
ancillary components as upon request.
4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common
carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited
orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid
by Vendor for its own account or for the account of any other similarly situated customer of Vendor.
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4.8 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall
work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the
Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location.
ARTICLE 5 – INSURANCE
5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall
cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts
generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance
companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services
are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency
upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF
THIS MASTER PRICE AGREEMENT.
5.2 All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead
Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage
provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the
deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to
secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or
services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting
Agency and its agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Vendor pursuant to this Agreement.
5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed
without thirty days (30 days) prior written notice to the Lead Contracting Agency.
ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS
6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its
respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and
against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without
limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of,
or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this
Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set
forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor,
or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their
respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third
party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under
this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the
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Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade
secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage,
claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or
willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article
shall survive the expiration or termination of this Agreement for two years.
6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS
OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN
IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The same terms, conditions and pricing of this Agreement may be extended to
government members of National Purchasing Partners, LLC. In the event the terms of this Agreement
are extended to other government members, each government member (procuring party) shall be solely
responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall
not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-
procuring parties or unrelated purchasing parties harmless from any liability that may arise from action
or inaction of the procuring party.
ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as
well as those warranties provided under Attachment B herein.
ARTICLE 8 - INSPECTION AND REJECTION
8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and
within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a
reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no
way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to
which it may be entitled.
8.2 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall
work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the
Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location. If any of the
Products are found at any time to be defective in material or workmanship, or otherwise not in conformity with
the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser
may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-
conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the
Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If
Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary
inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall
bear the cost thereof. Payment by Purchaser and acceptance by Purchaser shall not relieve Vendor of its
warranties or other obligations under this Agreement.
8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.
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ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any
portion thereof, of any kind without the prior written consent of Purchaser.
ARTICLE 10 - COMPLIANCE WITH LAWS
10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and
maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations,
registrations and certificates, if any, required by Applicable Laws in connection with the performance of its
obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such
licenses, permits, approvals, authorizations, registrations and certificates.
10.2 Purchaser has taken all required governmental action to authorize its execution of this
Agreement and there is no governmental or legal impediment against Purchaser’s execution of this
Agreement or performance of its obligations hereunder.
ARTICLE 11 – PUBLICITY / CONFIDENTIALITY
11.1 No news releases, public announcements, advertising materials, or confirmation of same,
concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made
without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in
any other way use any of the names or logos of the other Party without the prior written approval of the other
Party.
11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may
hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this
Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary
information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this
Agreement.
ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party
retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business
hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts
pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this
Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least
three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit
under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this
Agreement for a period of three (3) years after the date of such expiration or termination.
ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this
Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and
remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall
survive the expiration or termination of this Agreement.
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ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal
representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as
creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or
authority to bind or commit the other.
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such
notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by
nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: rfp@ORCities.org
If to Vendor:
BAUER COMPRESSORS, INC.
1328 Azalea Garden Road
Norfolk, VA 23502
ATTN: William Dickson
Email: bill.dickson@bauercomp.com
Either Party may change its notice address by giving the other Party written notice of such change in the
manner specified above.
ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or
non-performance of any obligation contained herein shall be excused to the extent such failure or non-
performance is ca
used by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or
agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto,
including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble,
accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations
now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw
materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the
other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption
or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or
acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of
performance.
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ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such
Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an
acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude
any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder
shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly
set forth in such writing.
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and
assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written
notice to Purchaser which shall not be unreasonably withheld or delayed.
ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to
be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or
unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render
unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing
the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties
shall be construed and enforced accordingly.
ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT
20.1 All the provisions of the Attachments hereto are hereby incorporated herein and
made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the
main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or
Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such
an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.
20.2 This Agreement (including Attachments and Contract Documents hereto)
constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and
all prior written and oral agreements or understandings relating to such subject matter.
ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to
construe or limit the provisions set forth in this Agreement.
ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead
Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder
acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder
shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any
modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a
modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating
Agency.
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ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the
Participating Agency exists, without regard to its choice of law provisions.
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the
same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written
below.
PURCHASER:
Signature: ____________________________________
Printed Name:
Title: ____________________________________________
LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:
Signature: ______________________________
Printed Name:
Title: _____________________________
BAUER COMPRESSORS, INC.
Dated: ____________________________
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C
Mike Cully
4/17/2020
Executive Director
4/17/2020
William Dickson
VICE PRESIDENT OF SALES
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ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)
OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED
CIRCUIT SCBA SYSTEMS
FACEPIECES
REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE,
RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR
CONNECTION (RIC UAC)
BREATHING AIR STORAGE CYLINDERS 10%
MAINTENANCE, SERVICE AND TESTING
HIGH PRESSURE BREATHING AIR COMPRESSOR SYSTEMS
AND COMPONENTS
10%
Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the
Intergovernmental Agreement.
Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable,
provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and
distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at
http:], as may be updated from time to time. [ A current list may be obtained from Vendor.]
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ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products
not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.
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ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.
PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered
into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase
Products and Services. Vendor must work directly with any Participating Agency concerning the placement of
orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting
Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.
Any subsequent contract entered into between Vendor and any Participating Agency shall be
construed to be in accordance with and governed by the laws of the State in which the Participating Agency
exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing
Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating
Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s
legal requirements as if it were the “Purchaser” hereunder.
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ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.
Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C
Page 52
15
ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.)
(The Purchaser’s Request for Proposal is incorporated by reference herein.)
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C
Page 53
16
ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C
Page 54
Certificate Of Completion
Envelope Id: 13364BC359354E4C849576CA8816258C Status: Completed
Subject: Please DocuSign: MPA 1920 LOC and Bauer SCBA FINAL.pdf
Source Envelope:
Document Pages: 16 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Bill DeMars
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
bill.demars@nppgov.com
IP Address: 173.29.186.28
Record Tracking
Status: Original
4/17/2020 8:05:38 AM
Holder: Bill DeMars
bill.demars@nppgov.com
Location: DocuSign
Signer Events Signature Timestamp
Mike Cully
mcully@orcities.org
Executive Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 71.63.237.219
Sent: 4/17/2020 9:09:45 AM
Viewed: 4/17/2020 9:20:08 AM
Signed: 4/17/2020 9:20:19 AM
Electronic Record and Signature Disclosure:
Accepted: 4/17/2020 9:20:08 AM
ID: c1e5bdd1-485c-432d-be63-6fd9a03b4b1f
William Dickson
bill.dickson@bauercomp.com
VICE PRESIDENT OF SALES
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 216.54.44.82
Sent: 4/17/2020 9:09:45 AM
Viewed: 4/17/2020 10:08:38 AM
Signed: 4/17/2020 10:27:27 AM
Electronic Record and Signature Disclosure:
Accepted: 4/15/2020 7:01:53 AM
ID: 460eee00-c0ce-4843-b3b5-598694f5efc2
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Page 55
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/17/2020 9:09:45 AM
Certified Delivered Security Checked 4/17/2020 10:08:38 AM
Signing Complete Security Checked 4/17/2020 10:27:27 AM
Completed Security Checked 4/17/2020 10:27:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Page 56
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM
Parties agreed to: Mike Cully, William Dickson
Page 57
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Page 58
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of my relationship with you.
Page 59
Estimate
Date
11/7/2023
Estimate No.
15804
Name/Address
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ship To
Town of Highland Beach
Attn: Chief Glenn Joseph
3614 S. Ocean Boulevard
Highland Beach, FL 33487
COMPRESSED AIR SUPPLIES & EQMT,
INC
Info@compressedairsupplies.com
4081 SW 47th Ave, Suite 17
Davie, FL 33314
P.O. No.Terms
Credit Card
Rep
Sean
Ship Via
TotalEstimate Valid for 30 Days
Customer Pricing Note: A 3.99% Customer Service Charge is
applied to all sales. As an incentive for customers we now provide a
discount to pay with cash or check by giving a 3.99% immediate
discount on your purchase
Item Description Qty Rate Total
PRICING FOR EQUIPMENT BASED ON NPPGOV
CONTRACT #PS20095. CONTRACT VALID
THROUGH 4/17/26
LEADING AGENCY: LEAGUE OF OREGON CITIES
MEMBER #:
Page 1Page 60
Estimate
Date
11/7/2023
Estimate No.
15804
Name/Address
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ship To
Town of Highland Beach
Attn: Chief Glenn Joseph
3614 S. Ocean Boulevard
Highland Beach, FL 33487
COMPRESSED AIR SUPPLIES & EQMT,
INC
Info@compressedairsupplies.com
4081 SW 47th Ave, Suite 17
Davie, FL 33314
P.O. No.Terms
Credit Card
Rep
Sean
Ship Via
TotalEstimate Valid for 30 Days
Customer Pricing Note: A 3.99% Customer Service Charge is
applied to all sales. As an incentive for customers we now provide a
discount to pay with cash or check by giving a 3.99% immediate
discount on your purchase
Item Description Qty Rate Total
Bauer L13-E3 Bauer Vertecon VTC-13-E3 IK12.14II Block 13.0
scfm/10.8 FAD, 6000 PSI Service
-BAUER breathing air purification system
-Open vertical cabinet made of formed sheet and plate
goods provides a firm foundation for all pressure
bearing components
-Modern cabinet design with unsurpassed maintenance
accessibility. No hand tools are required for normal
maintenance checks and fluid level confirmation.
-BAUER PLC based controller with indicator lights.
-Self adjusting drive belt Tensioner
-NEMA 4 rated electrical enclosure
with UL® listed control panel
-All wiring harnesses incorporated within a corrugated
loom with number coding for easy system diagnosis
-Emergency stop push button
-.049 wall thickness stainless steel tubing throughout ,no
cheap plastic tubing
-Rugged powder coat finish
-Local Mounted Gauges
-P2 Securus Filter System
- ACD- Automatic Condensate Drain,
-Motor 10 H.P. ODP-230 Volts only, 3 Phase, 60 Hertz
R22
1 25,290.00 25,290.00
D-10 NPP Discount 10% -10.00% -2,529.00
Bauer HC6000-4-BANK Bauer HC6000-4-Bank 4 UN Tanks R21 1 9,488.00 9,488.00
D-10 Preferred Customer Discount 10% -10.00% -948.80
Page 2Page 61
Estimate
Date
11/7/2023
Estimate No.
15804
Name/Address
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ship To
Town of Highland Beach
Attn: Chief Glenn Joseph
3614 S. Ocean Boulevard
Highland Beach, FL 33487
COMPRESSED AIR SUPPLIES & EQMT,
INC
Info@compressedairsupplies.com
4081 SW 47th Ave, Suite 17
Davie, FL 33314
P.O. No.Terms
Credit Card
Rep
Sean
Ship Via
TotalEstimate Valid for 30 Days
Customer Pricing Note: A 3.99% Customer Service Charge is
applied to all sales. As an incentive for customers we now provide a
discount to pay with cash or check by giving a 3.99% immediate
discount on your purchase
Item Description Qty Rate Total
Bauer GT/CO/III Bauer GT/CO/III Electronic carbon monoxide monitor
complete with calibration kit wired for alarm and
shutdown (Calibration gas included) R23
1 4,724.00 4,724.00
D-10 NPP Discount 10% -10.00% -472.40
Bauer CFS5.5-2S Packag... Bauer CFS5.5-2S Package A
Two position CFS equipped with inlet pressure gauge,
adjustable regulator, regulated pressure gauge, fill
control valve and fill pressure gauges. Standard scope
of supply and including the following additions: dual
function, top mount, four bank cascade panel. The dual
function feature offers the ability to refill a storage bank,
even with the bank valve closed, while filling SCBA's
from another bank. The system also includes an air
direction valve allowing the operator to select "filling
from storage" or "filling direct from the compressor."
Additionally the scope includes a remote fill hose
connection including bulkhead fitting, adjustable
regulator for up to 6000 psig service, gauge, isolation
valve, and quick connect/disconnect.
R23
1 16,538.00 16,538.00
D-10 NPP Discount 10% -10.00% -1,653.80
Ship & hand Shipping with Insurance & Handling 1 2,369.83 2,369.83
Page 3
$52,805.83
Page 62
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
STATE LEGISLATIVE PRIORITIES
The School District of Palm Beach County established priorities that remain critical to
ensuring the success of traditional public schools.
Increase funding for safety infrastructure enhancements to schools with the
inclusion of the metal detector expansion program.
. . Fully fund security requirements.
Increase the Safe School allocation to reduce the gap that exists with the mandate
of funding one School Police Officer per school.
Update fire drill processes to align with active assailant protocols.
Increase investment in mental health resources for mental health training for all
personnel providing mental health services for students and families.
Oppose any new legislation or new requirements that can adversely impact
students because of their gender, gender identity, religion, race or ethnicity.
Seek flexibility in the implementation of HB 733 (2023)to mitigate the potential
challenges of start/stop times for students.
Increase funding for Students with Disabilities to address the cost of increased
level of academic support and intervention, related services, assistive technology,
and special transportation.
Support legislation that addresses a potential oversight in language used in the
Florida Academic Scholars Awards(Bright Futures)(Statute 1009.534)to include
all National Recognition Program categories.
Remove reference to Chapter 790 from the Zero Tolerance Statute 1006.13(3)(a)
and replace it with the definition of weapons as defined in State Statute
790.001(20)which aligns with SESIR Rule 6A-1.0017.
Increase the Base Student Allocation to allow districts to increase Florida's teacher
base salary and address compression to ensure salary increases for all teachers.
Increased funding for expansion of district programs dedicated to developing
future teachers and other high needs staff in collaboration with local universities/
colleges and technical centers.
Oppose any new legislation or new requirements that can adversely impact
teachers because of their gender, gender identity, religion, race or ethnicity.
a W- &x-, - &
j�,HOOLD/sue 1 'lJL1 � ' 1 '`'`' % - D"V `"I/g Id
�C►V�IYI b I � ��3 , �M .
i 0�,►J
9�M BE COU�� EDUCATE,
Hold districts harmless for voucher enrollment growth beyond legislative
projections.
Oppose any new program or requirement that diverts additional funds to Charter
schools or school vouchers or scholarships.
Fully fund existing state mandates including safe schools, mental health, and ESE
guarantee as well as any new State mandate/requirement on school districts.
Allow for student portfolios in ELA and Algebra to prove proficiency as an
alternative to state assessments.
Continue to allow students access to currently available college credit courses and
the Scholastic Aptitude Test(SAT)so that students can remain competitive.
Establish a process to ensure all state standards are factual and historically
Ensure alternative options continue to be made available for the new progress
monitoring assessments using portfolios for third grade promotion.
Delay implementation of the concordant scores until they have been aligned to
the current standards.
• • • Allow for student portfolios in ELA and Algebra to prove proficiency as an
alternative to state assessments.
Continue to allow students access to currently available college credit courses and
the Scholastic Aptitude Test(SAT) so that students can remain competitive.
• ' • • Fund full day, high quality Voluntary Pre-K program for all.
Allow for District flexibility in determining the number of paid holidays
Charter school authorizers outside of the District should be responsible for all of
• the Charter school's oversight and compliance.
Oppose legislation that alters School Board members' salaries.Allow local school
districts continued ability to make that decision.
West Tech "Growing the Workforce in the Glades"
Purpose: Expand and enhance the Commercial Driving License, Home Health
Aide and Medical Assisting Programs.
• • • • 0 Infrastructure Rebuild - CDL range and additional CDL simulators
• Equipment(printers, parts repair, general maintenance)
• Test center renovation (convert office space to testing center)
• Students elective fees
• CDL examiners, coordinators, and ongoing accreditation fees
�C,NOOL D/S�
w
z n
9�M BEACH CQU�F EDUCATE.
A A R INSPIREN