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2024.02.06_TC_Agenda_Regular1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA Tuesday, February 06, 2024 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. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE SALE OF MILANI PARK AND PROVIDING FOR AN EFFECTIVE DATE. B. Resolution No. 2024-002 A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointments, and term of office of members of the Financial Advisory Board; and providing for an effective date. C. Police Officer of the Year Award 6. PUBLIC COMMENTS (NON-AGENDA ITEMS) Page 1 Town Commission Meeting Agenda February 06, 2024 2 Public Comments will be limited to five (5) minutes per speaker. 7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) A. Ordinance No. 2024-001 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, Amending Section 4-8 “Lighting Restrictions for Protection of Sea Turtles” of Chapter 4, “Animals,” and Section 30-85 “Coastal Lighting” of Chapter 30, “Zoning,” of the Town Code of Ordinances to incorporate Lighting Regulations for new and existing coastal structures in order to minimize the effect of artificial light on sea turtle populations; providing for the repeal of all ordinances In conflict; providing for severability and codification; and providing an effective date (First Reading was December 5, 2023). 8. 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. Approve and authorize the Town Staff to purchase Zoll EKG monitors for $147,193.75 according to the Sinavvik Contract, (Contract No. PSAI 2921-06) for the Fire Rescue Department. 9. 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. 10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Approve and authorize the Mayor to execute the Statewide Mutual Aid Agreement between the Town of Highland Beach and the State of Florida Division of Emergency Management, which enables the Town of Highland Beach to receive assistance in the event of a disaster or emergency. B. Consideration of a request for land filling approval for a portion of the property located at 4801 South Ocean Boulevard. C. 2023-2024 Strategic Priorities Plan Update and Review Page 2 Town Commission Meeting Agenda February 06, 2024 3 11. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore 12. TOWN ATTORNEY’S REPORT 13. TOWN MANAGER’S REPORT 14. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Board One (1) vacancy for an unexpired term ending September 21, 2024 Meetings and Events February 07, 2024 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting February 08, 2024 9:30 A.M. Planning Board Regular Meeting February 13, 2024 1:00 P.M. Code Enforcement Board Regular Meeting February 19, 2024 Town Hall Closed in Observance of Presidents' Day Board Action Report (Informational Only) None. 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 3 File Attachments for Item: A. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE SALE OF MILANI PARK AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE February 6, 2024 SUBMITTED BY: Marshall Labadie, Town Manager SUBJECT: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE SALE OF MILANI PARK AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY: Palm Beach County currently owns property in the Town designated as Milani Park and has proposed the development of a park for recreational and similar use. The Commission has expressed the opinion that the development of Milani Park is not in the best interest of the residents for various reasons and that the park property should be sold with the proceeds from the sale directed to capital projects in other parks within the County, or to some other similar public purpose. Continuing, the Commission requested that Town staff develop a resolution opposing the development of the park be presented at their next regular Commission meeting for consideration. Enclosed please find the resolution. FISCAL IMPACT: N/A ATTACHMENTS: Resolution No. 2024-003 RECOMMENDATION: Commission approval of Resolution No. 2024-003. Page 5 RESOLUTION NO. 2024-003 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE SALE OF MILANI PARK AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County currently owns property in the Town designated as Milani Park; and WHEREAS, the County plans on developing Milani Park for recreational and similar uses; and WHEREAS, the Town believes that the development of Milani Park as a recreational park is not in the best interest of the residents of the Town of Highland Beach due to increased traffic, compromised safety and security, potential hazards for beachgoers, and negative impacts on sea turtle nesting; and WHEREAS, the Town believes that the sale of Milani Park to a private developer, in accordance with the Town’s Land Use Rules and Regulations, would be in the best interest of both the Town and the County; and WHEREAS, the County is suffering a capital budget shortfall in excess of $700 million; and WHEREAS, the sale of Milani Park could generate as much, or more, than $20 million for Palm Beach County; and WHEREAS, Palm Beach County could utilize the funds from the sale coupled with funds not used to develop the park to address crucial community needs, including affordable and workforce housing, recreation facilities and parks, or other capital projects throughout Palm Beach County; and WHEREAS, the County’s development of the Milani Park property as a recreational park would negatively impact the Town by: a) increasing traffic in the Town; b) compromising the safety and security of the residents of the Town; c) creating safety concerns for individuals crossing busy state road (“A1A”) to access the beach side of the proposed recreational park; d) placing beachgoers at risk to the dangerous swimming conditions created by the Yamato Rock Page 6 formation; and WHEREAS, the proposed recreational use on the park would negatively impact critical sea turtle nesting habitat; and WHEREAS, the development of Milani Park as a recreational park would put a strain on the Town’s limited public safety resources. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, that Palm Beach County cease their efforts to develop the Milani Park property as a recreational park and instead sell the property to a private developer. This Resolution shall take effect immediately upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ____ day of _________, 2024. 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: B. Resolution No. 2024-002 A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointments, and term of office of members of the Financial Advisory Board; and providing for an effective date. Page 8 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Commission Meeting MEETING DATE February 06, 2024 SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk THROUGH Lanelda Gaskins, Town Clerk SUBJECT: Resolution No. 2024-002 A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointments, and term of office of members of the Financial Advisory Board; and providing for an effective date. SUMMARY: Consideration of Resolution No. 2024-002 ratifying the selection, appointments, and term of office of a member of the Financial Advisory Board (FAB); and providing for an effective date. On December 19, 2023, one (1) Board Member was removed for inadequate attendance, which created one (1) vacancy for an unexpired term ending on April 30, 2024. The Town Clerk’s Office received two (2) board applications for Town Commission consideration. The applicant’s name are as follows: Harold Siegel (Highland Place) Margarita Chappelear (Casa Del Lago) 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: Margarita Chappelear application and vetting form. Harold Siegel application and vetting form. Resolution No. 2024-002 RECOMMENDATION: Page 9 With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2024- 002 for one applicant to serve a term as outlined in the resolution. Page 10 Page 11 Page 12 Page 13 Harold Siegel Background Harold has spent his entire career in the field of corporate finance, principally in New York City, initially as a corporate lender, then a loan syndication professional, and later an institutional marketer of complex alternative credit products including private credit and special situation funds. Harold finished his career at Alcentra, a Bank of New York Mellon specialty credit firm, as a Managing Director responsible for institutional investor relationship management and fundraising. Harold has a deep knowledge of sub-investment grade credit strategies including bank loans, high yield, distressed, event driven and structured credit. Prior to joining Alcentra, Harold worked at Strategic Value Partners and Highland Capital as a Managing Director responsible for institutional marketing. His experience includes working with banks, insurance companies, high-net-worth platforms, family offices, fund-of-funds, and consultants. Earlier in his career, Harold spent eight years at Merrill Lynch where he co-founded the loan syndications group and headed US loan sales and trading. Prior to joining Merrill Lynch, he spent eighteen years at Chemical Bank in a variety of leadership roles in corporate finance, investment banking and loan syndications. Harold graduated from the University of Colorado with a B.S. (Finance & Accounting), and earned an M.B.A. (Finance) from the University of Michigan. Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 RESOLUTION NO. 2024-002 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION, APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE FINANCIAL ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article V, Division 4, Sec. 2-155 of the Town’s Code of Ordinances establishes the Financial Advisory Board and governs the membership, qualification, function, and rules of the Financial Advisory Board; and WHEREAS, these provisions of the Code establish the selection, appointment, and terms of office of members of the Financial Advisory Board; and WHEREAS, on December 19, 2023, one (1) Board Member was removed for inadequate attendance, 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 Vice Chairperson of the Financial Advisory 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 Financial Advisory Board have submitted a board application for the Town Commission’s consideration. Page 20 Resolution No. 2024-002 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT: Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified and confirmed by the Town Commission. Section 2. Consistent with the Town’s Code of Ordinances, one (1) member has been selected by the Town Commission to serve on the Financial Advisory Board for an unexpired term ending April 30, 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 06th day of February 2024. 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 21 File Attachments for Item: A. Ordinance No. 2024-001 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, Amending Section 4-8 “Lighting Restrictions for Protection of Sea Turtles” of Chapter 4, “Animals,” and Section 30-85 “Coastal Lighting” of Chapter 30, “Zoning,” of the Town Code of Ordinances to incorporate Lighting Regulations for new and existing coastal structures in order to minimize the effect of artificial light on sea turtle populations; providing for the repeal of all ordinances In conflict; providing for severability and codification; and providing an effective date (First Reading was December 5, 2023). Page 22 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE January 16, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. SUMMARY: At the December 5, 2023 Town Commission meeting, the Commission considered on first read a proposed amendment to the Town Code of Ordinances that would incorporate comprehensive lighting regulations for the protection of sea turtles. Discussion from the Commission included the following commentary which is noted in bold: 1. Concern regarding the word “shall” as it pertains to minimizing interior light from existing structures (Section 4-8(j)(2)). It was suggested that the word “shall” be softened, and that the option for other remedial measures be provided. Based on the above commentary, Section 4-8(j)(2) of the proposed Ordinance was revised as follows (additions are denoted by a gray bolded double underline and deletions are denoted by a gray bolded double strikethrough): (2) Existing structures require compliance with shall implement one or more of the following suggested remedial measures in order to minimize interior light emanating from doors and windows within line-of-sight of the beach: a. Apply window tint or film that meets the light transmittance standards for tinted glass; b. Rearrange lamps, televisions, and other moveable fixtures away from windows; c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach;. d. Other remedial measures not provided for herein may be approved by the Building Official. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or Page 23 cause to be prepared a Business Impact Estimate (BIE) (see attached). According to Section 166.041(4), Florida Statutes, the BIE is a good faith estimate of the number of businesses likely to be impacted by the Ordinance and may not be construed to require a municipality to procure an accountant or other financial consultant to prepare such BIE. For reference purposes, a brief history on hearings held relating to the proposed sea turtle lighting Ordinance are provided below: October 18, 2022: Town Commission considers introduction to proposed Ordinance. A motion was made to send the proposed Ordinance to the Natural Resources Preservation Advisory Board (NRPAB) for review and to ask Gumbo Limbo, Florida Fish and Wildlife Conservation Commission (FWC), and the Town’s marine turtle permit holder to give their expert advice (motion carried 5-0). In addition, discussion among the Commission included adding examples of colors that pertain to the definition of “long wavelength.” February 1, 2023: NRPAB made a motion to recommend approval of the proposed Ordinance with the following changes (motion carried 4-0): - Remove the word ‘televisions’ from Section 4 -8(j)(2)b. and add the following text to Section 4-8(j)(2)c.: - Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights, light emitting screens including televisions and computers from the beach. March 9, 2023: Planning Board made a motion to approve the Ordinance (motion carried 4 - 0). April 4, 2023: Town Commission considers proposed Ordinance. Commission commentary includes the following: - Concern that proposed long wavelength lighting (e.g. amber, orange or red) may not provide safety or security. - Consider phasing period for proposed regulations. May 23, 2023: Town Commission considers proposed Ordinance. Commission commentary includes the following: - All new construction or the full replacement of existing windows, walls, railings, and doors would require a 45% light transmittance value or less while the replacement of individual windows, walls, railings and doors would not. - The reference to “nighttime” in Section 4-8(k) Special Events, Motor Vehicles, and Temporary Lighting needs to be specific. - Reach out to Delray Sands to see if they have tinted windows and get their input. - Provide a sample of tinted glass with a 45 percent light transmittance value. FISCAL IMPACT: None Page 24 ATTACHMENTS: Proposed Ordinance Business Impact Estimate Sea turtle protection lighting table, other municipalities Town Commission Memorandum – December 5, 2023 Town Commission Memorandum - May 23, 2023 Town Commission Memorandum - April 4, 2023 Public Comment RECOMMENDATION: At the discretion of the Town Commission. Page 25 1 TOWN OF HIGHLAND BEACH ORDINANCE NO AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 4-8 “LIGHTING RESTRICTIONS FOR PROTECTION OF SEA TURTLES” OF CHAPTER 4, “ANIMALS,” AND SECTION 30-85 “COASTAL LIGHTING” OF CHAPTER 30, “ZONING,” OF THE TOWN CODE OF ORDINANCES TO INCORPORATE LIGHTING REGULATIONS FOR NEW AND EXISTING COASTAL STRUCTURES IN ORDER TO MINIMIZE THE EFFECT OF ARTIFICIAL LIGHT ON SEA TURTLE POPULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, 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 of Highland Beach recognizes that light pollution of beaches is a serious threat to sea turtles inhabiting its beaches; and WHEREAS, the Town of Highland Beach recognizes that nesting adult and hatchling sea turtles are negatively affected by light pollution created by artificial light visible from any portion of the beach; and WHEREAS, the Town of Highland Beach recognizes that sea turtles are protected by federal and state law; and WHEREAS, the Town of Highland Beach recognizes that the quality of life of its residents is enriched by a healthy sea turtle population; and WHEREAS, the Town of Highland Beach desires to minimize the detrimental effects on nesting sea turtle populations by implementing regulations that reduce the amount of artificial light, intentionally or unintentionally visible from beaches, emanating from new or existing residences; WHEREAS, the Town Commission has determined that the amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach. Page 26 2 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 by amending Chapter 4 “Animals” to read as follows (deleting is stricken through and adding is underlined): Sec. 4-8. – Lighting restrictions for protection of sea turtles. (a) Purpose and intent. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the beaches of the town from light sources that disrupt their nesting and hatching. The intent is for the appropriate design and implementation of coastal lighting to ensure that light pollution does not interfere with sea turtle nesting and hatching events while at the same time protecting public safety. (b) Definitions. Artificial light means the light emanating from any human-made device. The "Bbeach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form or to the line of permanent vegetation. Certified wildlife lighting means lighting fixtures and bulbs reviewed and approved with conditions of use through the Florida Fish and Wildlife Conservation Commission’s Wildlife Lighting Certification Process. Cumulatively visible means light from numerous artificial light sources that as a group can be seen by an observer standing anywhere on the beach. Directly visible means when glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source can be seen by an observer standing anywhere on the beach. Foot-Ccandle means the English unit for measuring illuminance; the a unit of illumination equal to that given by a source of one candela at a distance of one foot (equivalent to one lumen per square foot or 10.764 lux). uniform illumination of a surface one foot away from a point source of one candela; one lumen per square foot; equal to 10.76 lux. Page 27 3 Frontal dune means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value. Full cutoff means a lighting fixture constructed in such a manner that no light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire, is projected at or above 90 degrees as determined by photometric test or certified by the fixture manufacturer. Fully shielded means a lighting fixture constructed in such a manner that the glowing elements, lamps, globes, or reflectors of the fixture are completely covered by an opaque material to prevent them from being directly visible from the beach. Any structural part of the light fixture providing this shielding must be permanently affixed. Indirectly visible means light reflected from glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source that can be seen by an observer standing anywhere on the beach without the light source being directly visible. Long wavelength means a lamp or light source (which is amber, orange, or red) emitting light wavelengths of 560 nanometers or greater and absent wavelengths below 560 nanometers. New construction means all new construction of or additions and alterations to buildings, pools, pavement, other structures, landscape areas or lighting systems. The most protective lighting standards apply to new construction visible from the beach. Non-egress Llighting means exterior lighting that is not being used to light a distinct route or meet minimum requirements for emergency access to or from a building, including but not limited to decorative lights (e.g. strobe lights, string lights, etc.), balcony lights, landscape lights, and uplights. Outdoor Aarea means any portion of a property that could have an artificial light source not attached to a permanent structure, including but not limited to pathway lighting, landscape lighting, pool lighting. Sea Tturtle means any turtle, including all life stages from egg to adult, of these species: Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempii). For the purposes of this ordinance, the term sea turtle is synonymous with marine turtle. Page 28 4 Sea Tturtle Nnesting Hhabitat means all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles. Temporary lighting means any non-permanent light source that may be hand-held or portable including but not limited to tiki torches, lanterns, flashlights (including cell phone flashlights and screens), candles, flash photography, etc. Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass. (c) Applicability. This section shall apply to all beachfront properties and to all exterior lighting of properties located on the westside of State Road A1A within the Town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach regardless of whether those properties are beachfront properties. The provisions of this section are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided it: (1) Provides at least approximate equivalence to the applicable specific requirements of this section, and; (2) Is otherwise satisfactory or complies with the intent of this section, and; (3) Has been designed or approved by a registered lighting or electrical engineer and is supported by calculations showing that the design submitted meets that intent of the section, and; (4) Has been determined to meet requirements for Certified Wildlife Lighting and/or lights that meet FWC’s Wildlife Lighting Guidelines, including long wavelength light sources (without the use of filters), full cut-off, and fully shielded fixtures. (dc) Lighting restrictions along beach. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatching during the period from March 1 to October 31 of each year, from dusk to dawn. Page 29 5 (e) Standards for exterior and interior lighting affixed to new structures, new construction and improvements to existing structures that require a building permit. (1) All lighting affixed to the exterior of new permanent structures, construction or new additions shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible. (2) As an exception to (e)(1) above, non-egress lighting may be affixed to the landward exterior of permanent structures provided that the fixtures are fitted with a long wavelength source and are not directly, indirectly, or cumulatively visible from any portion of the beach. (3) Lighting at egress points shall be limited to the minimum number of fixtures and foot- candles necessary to meet federal, state, and local safety requirements. (4) Locations including but not limited to stairwells, elevators, parking garages, or courtyards shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. Light screens, shades or curtains shall be used to block visibility of interior lights from the beach. Light screens shall be used on open or enclosed staircases on the seaward or shore-perpendicular side of a building or for parking garages to limit visibility of lights from the nesting beach. (5) All glass windows, walls, railings, and doors, or similar glass features on the seaward and shore-perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. (6) Emergency lights are not subject to the above standards if on a separate circuit and activated only during power outages or other situations in which emergency lighting is necessary for public safety. (f) Outdoor areas. (1) All lighting of outdoor areas shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible. (2) Lighting of paths, walks and routes of building access shall use low level fixtures such as step, paver, path, recessed wall or bollard lights. Bollard lights are not to exceed 42 inches in height and other low level fixtures are to meet the height requirements of FWC’s Wildlife Lighting Guidelines. Fixtures shall be downward Page 30 6 directed and utilize long wavelength lamps and beachside shields. (3) As an exception to (f)(1) above, non-egress outdoor lighting may be installed landward of buildings or other opaque structures provided that they are fitted with long wavelength light sources and are not directly, indirectly, or cumulatively visible from any portion of the beach. (4) Internally or externally lighted signs shall not be located on the seaward and shore- perpendicular sides of any structures, and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. (5) Ponds and fountains on the seaward and shore-perpendicular sides of any structures shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. (6) Fire pits located on the seaward and shore-perpendicular sides of any structure shall be shielded with an opaque structure or partition, and positioned such that the flame is not directly, indirectly, or cumulatively visible from any portion of the beach. Bonfires and bonfire pits are prohibited within sea turtle nesting habitat during sea turtle nesting season. (7) Televisions or other illuminated screens shall be located landward of the dune and shall be shielded or positioned such that they are not directly, indirectly, or cumulatively visible from the beach. (g) Parking areas and roadways (1) All lighting of parking areas and roadways shall be long wavelength, downward directed, full cutoff, fully shielded, and mounted to the minimum level required to maintain compliance with federal, state and local law. (2) Parking area and roadway lighting shall be shielded from the beach via vegetation, natural features, or artificial structures rising from the ground. These shall prevent artificial light sources, including but not limited to vehicular headlights, from producing light that is directly, indirectly, or cumulatively visible from any portion of the beach. (3) Lighting of roadways and parking areas shall produce no more lighting than the minimum requirement as outlined by federal, state and local law. (4) Lighting of parking areas and roadways shall consist of: Page 31 7 a. Ground-level downward-directed fixtures, equipped with interior dark-colored, non- reflective baffles or louvers, mounted either with a wall mount, on walls or piles, facing away from the beach, or b. Bollard-type fixtures, which do not extend more than 42 inches above the adjacent floor or deck, measured from the bottom of fixture, equipped with downward-directed louvers that completely hide the light source, and externally shielded on the side facing the beach, or c. Pole-mounted lights which shall only be used in parking areas and roadways when mounting the lights at lower elevations cannot practicably comply with minimum light levels set forth in applicable federal and state laws designed to protect public safety. If required, pole-mounted lights shall be: 1. Located on the landward sides of buildings and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach, 2. Mounted at the minimum height required to meet the minimum light level requirement, and 3. Downward-directed onto non-reflective surfaces. (5) Equipment/storage areas, and temporary security lights shall also adhere to the lighting restrictions contained in this section. (h) Pool aAreas. (1) Lighting of pool decks, pool facilities, swimming pools, and spas shall be long wavelength and fully shielded. (2) Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the minimum light levels set forth in applicable federal and state laws designed to protect public safety. (3) Above-water lighting of pool decks, pool facilities, swimming pools, and spas shall otherwise adhere to the applicable requirements for acceptable light fixtures contained in subsection (h)(1) and (2) above. (4) Underwater lighting of pools or spa light shall: a. Be mounted horizontally in the wall, and b. Not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach, and Page 32 8 c. Shall comply with minimum light levels set forth in applicable federal and state laws designed to protect public safety. (i) Beach aAccess pPoints and dDune wWalkovers. (1) Lighting of beach access points shall be located and configured to only illuminate areas landward of the beach and frontal dune. All lighting of beach access points shall be long wavelength, downward directed, full cutoff and fully shielded and shall not be directly, indirectly, or cumulatively visible from the beach. (2) Lights are allowable on dune walkovers or elevated boardwalks only as required for building code purposes and may only be installed landward of the frontal dune. Walkover lighting shall not be directly, indirectly or cumulatively visible from the beach. (j) Existing eExterior lighting, and existing iInterior lLighting, and new exterior lighting of properties located on the westside of State Road A1A. All existing exterior and interior lighting shall be subject to the following regulations: (1) Upon replacement and only if a building permit is required, the reduction Reduce or elimination eliminate of the negative effects of existing exterior artificial lighting shall be required through the use of the following measures: a. Reposition, modify or remove existing lighting fixtures so that the point source of light or any reflective surface of the light fixture is no longer directly, indirectly or cumulatively visible from the beach; b. Replace fixtures having an exposed light source with fully shielded fixtures; c. Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent, fluorescent, or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or low pressure sodium) light source or lamp available for the specific application; d. Replace non-directional fixtures with directional fixtures that point down and away from the beach; e. Provide shields for fixtures visible from the beach when it is not practical to immediately replace them. Beachside shields are to cover 270 degrees and extend Page 33 9 below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach; f. Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; g. Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; h. Construct a ground level barrier landward of the beach and frontal dune to shield light sources from the beach. Ground-level barriers are to be considered a last resort when no other remediation of the light source is feasible. Ground level barriers may be subject to state coastal construction control line regulations under section 161.053, Florida Statutes, and must not interfere with sea turtle nesting or hatchling emergence, or cause short- or long- term damage to the beach and dune system; i. Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (2) Existing structures require compliance with shall implement one or more of the following suggested remedial measures in order to minimize interior light emanating from doors and windows within line-of-sight of the beach: a. Apply window tint or film that meets the light transmittance standards for tinted glass; b. Rearrange lamps, televisions, and other moveable fixtures away from windows; c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach;. d. Other remedial measures not provided for herein may be approved by the Building Official. (k) Special eEvents, mMotor vVehicles, and tTemporary lLighting. (1) Lighting associated with a special event that may directly, indirectly, or cumulatively be visible from any portion of the beach shall not be authorized at nighttime during sea turtle nesting season. (2) The operation of all motorized vehicles as provided in section 5-4, shall be prohibited on the beach at nighttime during sea turtle nesting season. (3) Within sea turtle nesting season, temporary work zone lighting for roadway construction and during declared emergencies shall be directed away from the beach to avoid Page 34 10 illumination of or direct visibility from the beach. Work zone luminaires shall be shielded to avoid lighting areas outside of the immediate construction area. (4) All other temporary construction lighting shall be: a. Inclusive of all the standards of this section, including using fixtures that are long wavelength, downward directed, full cutoff, and fully shielded so light is not directly or indirectly visible from the beach, and b. Mounted less than eight feet above the adjacent floor or deck, measured from the bottom of fixture, and (5) Handheld and other portable temporary lighting shall not be directed toward or used in a manner that disturbs sea turtles. (ld) Enforcement, penalty. Anyone violating any provisions of this section shall be punished in accordance with all provisions of this Code including but not limited to reference of the violation to the code enforcement board. Section 3. The Town of Highland Beach Code of Ordinances, is hereby amended by amending Chapter 30 “Zoning,” Article V “Natural Resources,” Section 30-85 “Coastal lighting” to read as follows (deleting is stricken through and adding is underlined): Sec. 30-85. – Coastal Lighting All lighting of all beachfront properties and all exterior lighting of properties located on the westside of State Road A1A within the Town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach, regardless of whether those properties are beachfront properties, structures east of SR A1A shall comply with the "sea turtle protection" lighting standards as provided in section 4-8 of this Code adopted by the town. Section 4. 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 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Page 35 11 Section 6. Codification. Section 2 and Section 3 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 7. 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: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Don Peters ____ ____ 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: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evelyn David ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Don Peters ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2024. ATTEST: By: Lanelda Gaskins, MMC Town Clerk APPROVED AS TO FORM AND LEGALITY: By: _________________________________ Glen J. Torcivia, Town Attorney Page 36 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the Town’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 4-8 “LIGHTING RESTRICTIONS FOR PROTECTION OF SEA TURTLES” OF CHAPTER 4, “ANIMALS,” AND SECTION 30-85 “COASTAL LIGHTING” OF CHAPTER 30, “ZONING,” OF THE TOWN CODE OF ORDINANCES TO INCORPORATE LIGHTING REGULATIONS FOR NEW AND EXISTING COASTAL STRUCTURES IN ORDER TO MINIMIZE THE EFFECT OF ARTIFICIAL LIGHT ON SEA TURTLE POPULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Town is of the view that a business impact estimate is not required by state law1 for the proposed Ordinance, but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed Ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding Community Development Districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. Page 37 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Town hereby publishes the following information: 1. Summary of the proposed ordinance including a statement of the public purpose to be served, such as serving the public health, safety, morals and welfare of the municipality: The Town of Highland Beach recognizes that nesting adult and hatchling sea turtles are negatively affected by light pollution created by artificial light visible from any portion of the beach. The Town desires to minimize the detrimental effects on nesting sea turtle populations by implementing regulations that reduce the amount of artificial light, intentionally or unintentionally visible from beaches, emanating from new or existing residences. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Town, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the Ordinance is enacted; (b) Identification of any new charge or fee on businesses, or for which businesses will be financially responsible; and (c) An estimate of the Town’s regulatory costs, including estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. (a) For new construction, the increased cost of adding tinted glass would be approximately five (5) percent of the cost of the window or door itself, not the total job cost. Using the Delray Sands Resort as an example, the following estimated costs would apply: -Estimated cost per window (48”x48”): $500.00 -Tinting cost: 5% of $500.00 = $25.00 per window -Total windows facing the ocean: 50 -Total compliance cost: $25 x 50 = $1,250 For existing exterior lighting, the cost of replacing certain lighting fixtures with sea turtle friendly shielded fixtures ranges from approximately $10.50 to $90.00 per fixture. The cost of adding a sea turtle friendly shield to existing lighting fixtures ranges from approximately $9.46 to 16.00 per shield. The cost of replacing certain non-long wavelength bulbs with a long wavelength bulb is approximately $6.49 to 38.00 per bulb. Note that the replacement of other light fixtures such as pole lamps with low profile sea turtle friendly lamps will vary in price depending on the aesthetic and size of such light sources. Estimates for the latter start at approximately $200.00. (b) There are no new charges or fees associated with this Ordinance aside from the costs relating to tinted glass, the replacement of lighting fixtures and bulbs, and/or the addition of a sea turtle friendly shields on an existing lighting fixtures. (c) There are no new revenues from charges or fees on businesses expected. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The only business in the Town is the Delray Sands Resort which is located on the eastside of State Road A1A (beachfront). 4. Additional information the governing body deems useful (if any): Page 38 MUNICIPALITY1 SEA TURTLE PROTECTION LIGHTING REGULATIONS PBC* New Construction: Window tinting (45% LTV or less) for all windows and doors within line of sight of the beach. Existing Beachfront Lighting: Window treatment shall be required on all windows visible from the beach. Blackout draperies or shade screens are preferred. Alternatively, or additionally, window tint may be applied to beachfront windows. Boca Raton New development, redevelopment and modification of existing development: Tinted or filmed glass (45% LTV or less) shall be used in all windows visible from the beach including windows within doors. Shade screens can be substituted for this requirement. Existing development: Window treatments in all windows visible from the beach regardless of exposure are required so that interior lights do not directly or indirectly illuminate the beach. Fort Lauderdale New development: tinted glass (45% LTV or less) shall be installed on all windows and glass doors of single and multi-story structures facing or within line-of-sight of the beach. Shade screens can be substituted for this requirement. Existing development: Window treatments shall be installed in windows and glass doors in rooms in single and multi-story structures facing the beach so that lights are not visible from the beach or filming shall be installed on the exterior of all such windows and glass doors, so that internal lights are not visible from the beach. Shade screens can be substituted for this requirement. *Delray Beach, Juno Beach, and Ocean Ridge have adopted by reference Palm Beach County’s Sea Turtle Protection Ordinance. 1Manalpan, Lake Worth Beach, Village of North Palm Beach (oceanfront area is conservation/open space), have no sea turtle lighting regulations. Page 39 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE December 5, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. SUMMARY: At the May 23, 2023 Town Commission meeting, the Commission considered a proposed amendment to the Town Code of Ordinances that would incorporate more comprehensive regulations for sea turtle protection lighting. Discussion from the Commission included the following commentary which is noted in bold followed by a staff response in italics: 1. All new construction or the full replacement of existing windows, walls, railings, and doors would require a 45% light transmittance value or less while the replacement of individual windows, walls, railings and doors would not. Town staff has determined that the inclusion above of “full replacement” of existing windows, etc., may be problematic given permits for such replacements are often issued to individual unit owners rather than to one entity (e.g. condominium HOA). The Building Department does not require a HOA approval letter for such replacements and therefore having to determine and ultimately manage whether individual permits are part of a “full replacement” or not, is not practical. Moreover, “full replacement” is not defined and therefore if, for example, beachfront unit windows are to be replaced but not beachfront accessory use windows (e.g. pool bathroom window or cabana window, etc.) then would such work be considered a “full replacement” or not? That said, and upon direction of the Town Manager, the 45% or less light transmittance requirement has been revised to apply only to new construction. Section 4-8 (e)(5) of the proposed Ordinance has been revised as follows (additions are denoted by a gray bolded double underline and deletions are denoted by a gray bolded double strikethrough): (5) All glass windows, walls, railings, and doors, or similar glass features on the seaward and shore-perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. Page 40 In addition, Section 4-8(j)(2) has been revised to require the following measures: (2) Existing structures shall are encouraged to implement Take one or more of the following suggested remedial measures to minimize interior light emanating from doors and windows within line-of-sight of the beach: a. Apply window tint or film that meets the light transmittance standards for tinted glass; b. Rearrange lamps, televisions, and other moveable fixtures away from windows; c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach. 2. The reference to “nighttime” in Section 4-8(k) Special Events, Motor Vehicles, and Temporary Lighting needs to be specific. Section 4-8(d) of the proposed Ordinance references that no artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatching during the period from March 1 to October 31 of each year, from “dusk to dawn.” Note that the latter regulation is currently in the Town Code under Section 4 - 8(c). 3. Reach out to Delray Sands to see if they have tinted windows and get their input. Staff reached out to the General Manager of the Delray Sands, Derric Clark, and he was advised that the windows on ocean facing rooms have tinting with a 44 percent light transmittance value. 4. Provide a sample of tinted glass with a 45 percent light transmittance value. Staff received a single sample of such tinted glass which will be provided at the Commission meeting. The following additional changes have been made to the Ordinance: 1. The definition of ‘New Construction’ has been revised as follows to remove the reference to “alterations” given the 45 percent or less transmittance value is proposed to be applicable to new construction only not alterations: *** Section 4-8(b) New construction means all new construction of or additions and alterations to buildings, pools, pavement, other structures, landscape areas or lighting systems. The most protective lighting standards apply to new construction visible from the beach. *** 2. The ‘applicability’ of the Ordinance has been revised to all beachfront properties and all exterior lighting of properties located on the westside of State Road A1A as follows: Section 4-8(c) Applicability. This section shall apply to all beachfront properties and to all exterior lighting of properties located on the westside of State Road A1A within Page 41 the Town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach regardless of whether those properties are beachfront properties. The provisions of this section are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved . The Building Official may approve any such proposed alternate provided it: 3. Minor formatting changes. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (BIE) (see attached). According to Section 166.041(4), Florida Statutes, the BIE is a good faith estimate of the number of businesses likely to be impacted by the Ordinance and may not be construed to require a municipality to procure an accountant or other financial consultant to prepare such BIE. For reference purposes, a brief history on hearings held relatin g to the proposed sea turtle lighting Ordinance are provided below: October 18, 2022: Town Commission considers introduction to proposed Ordinance. A motion was made to send the proposed Ordinance to the Natural Resources Preservation Advisory Board (NRPAB) for review and to ask Gumbo Limbo, Florida Fish and Wildlife Conservation Commission (FWC), and the Town’s marine turtle permit holder to give their expert advice (motion carried 5-0). In addition, discussion among the Commission included adding examples of colors that pertain to the definition of “long wavelength.” February 1, 2023: NRPAB made a motion to recommend approval of the proposed Ordinance with the following changes (motion carried 4-0): Remove the word ‘televisions’ from Section 4 -8(j)(2)b. and add the following text to Section 4-8(j)(2)c.: Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights, light emitting screens including televisions and computers from the beach. March 9, 2023: Planning Board made a motion to approve the Ordinance (motion carried 4 - 0). April 4, 2023: Town Commission considers proposed Ordinance. Commission commentary includes the following: - Concern that proposed long wavelength lighting (e.g. amber, o range or red) may not provide safety or security. - Consider phasing period for proposed regulations. Page 42 FISCAL IMPACT: None ATTACHMENTS: Proposed Ordinance Business Impact Estimate Sea turtle protection lighting table, other municipalities Town Commission Memorandum with attachments - April 4, 2023 Town Commission Memorandum with attachments - May 23, 2023 RECOMMENDATION: At the discretion of the Town Commission. Page 43 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE May 23, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. SUMMARY: At the April 4, 2023 Town Commission meeting, the Commission considered a proposed amendment to the Town Code of Ordinances that would incorporate more comprehensive standards for sea turtle protection lighting. Discussion from the Commission included the commentary noted below in bold (staff response is in italics). The Commission asked that the changes come back for review prior to another first read on the Ordinance. - Concern that proposed long wavelength lighting (e.g. amber, orange or red) may not provide safety or security. According to the Florida Fish and Wildlife Conservation Commission (FWC), the three golden rules of beachfront lighting are as follows: Keep it Low: Mount fixtures as low as possible but still appropriate for the needed purpose. L Keep it Long: Lamp/bulb produces long wavelength light. -0-- Keep it Shielded: Fixtures are downward-directed and able to shield the bulb or lamp from the beach. According to the FWC, lights that are needed for safety and security should not be turned off, as this may cause a safety hazard. Instead, they should be modified to meet the rules noted above including switching to amber, orange or red LED, adding shielding, and/or repositioning the light to face downward. If a fixture cannot be sufficiently modified, it can be replaced with a Certified Wildlife lighting fixture. Note that the proposed Ordinance reflects the rules noted above and references Certified Wildlife Lighting which are fixtures and bulbs reviewed and approved with conditions of use through the FWC. -Consider phasing period for proposed regulations. The following revisions have been made to the Ordinance (additions are denoted by a bolded double underline and deletions are denoted by a bolded double strikethrough): Section 4-8(e) Standards for exterior and interior lighting affixed to new structures, new construction and improvements to existing structures that requires a building permit. Page 44 (1) All lighting affixed to the exterior of new permanent structures, construction or additions shall be long wavelength, downward directed, full cutoff, fully shielded and mount ed as close to the ground or finished floor surface as possible. (2) As an exception to (e)(1) above, non-egress lighting may be affixed to the landward exterior of permanent structures provided that the fixtures are fitted with a long wavelength source an d are not directly, indirectly, or cumulatively visible from any portion of the beach. (3) Lighting at egress points shall be limited to the minimum number of fixtures and foot - candles necessary to meet federal, state, and local safety requirements. (4) Locations including but not limited to stairwells, elevators, parking garages, or courtyards shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. Light screens, shades or curtains shall be used to blo ck visibility of interior lights from the beach. Light screens shall be used on open or enclosed staircases on the seaward or shore-perpendicular side of a building or for parking garages to limit visibility of lights from the nesting beach. (5) All glass windows, walls, railings and doors on the seaward and shore -perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. (6) Emergency lights are not subject to the above standards if on a separate circuit and activated only during power outages or other situations in which emergency lighting is necessary for public safety. (j) Existing Exterior and Interior Lighting. All existing exterior and interior lighting shall be subject to the following regulations: (1) Upon replacement and only if a building permit is required, the reduction reduce or elimination eliminate of the negative effects of existing exterior artificial lighting shall be required through the use of the following measures: a. Reposition, modify or remove existing lighting fixtures so that the point source of light or any reflective surface of the light fixture is no longer directly, indirectly or cumulatively visible from the beach; b. Replace fixtures having an exposed light source with fully shielded fixtures; c. Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent, fluorescent, or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or low pressure sodium) light source or lamp available for the specific application; d. Replace non-directional fixtures with directional fixtures that point down and away from the beach; e. Provide shields for fixtures visible from the beach when it is not practical to immediately replace them. Beachside shields are to cover 270 degrees and extend below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach; Page 45 f. Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; g. Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; h. Construct a ground level barrier landward of the beach and frontal dune to shield light sources from the beach. Ground-level barriers are to be considered a last resort when no other remediation of the light source is feasible. Ground level barriers may be subject to state coastal construction control line regulations under section 161.053, Florida Statutes, and must not interfere with sea turtle nesting or hatchling emergence, or cause short - or long- term damage to the beach and dune system; i. Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (2) Existing structures are encouraged to implement Take or one more of the following suggested remedial measures to minimize interior light emanating from doors and windows within line-of-sight of the beach: a. Apply window tint or film that meets the light transmittance standards for tinted glass; b. Rearrange lamps, televisions, and other moveable fixtures away from windows; c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach. Note that for clarity purposes, additional nonsubstantive formatting changes have been made to the Ordinance which are also reflected in either a bolded double underline or strikethrough. For reference purposes, staff has prepared a table that provides sea turtle lighting regulations for existing exterior and interior lighting in both Palm Beach County (PBC) and Boca Raton (see attached). FISCAL IMPACT: N/A ATTACHMENTS: Proposed Ordinance. Existing lighting table, other municipalities. Town Commission Memorandum – April 4, 2023 RECOMMENDATION: At the discretion of the Commission. 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 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 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 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 MUNICIPALITY EXISTING LIGHTING EXISTING INTERIOR LIGHTS EXISTING EXTERIOR LIGHTS PBC* Existing beachfront lighting causing direct or indirect illumination shall be adjusted or corrected to ensure that the lighting does not cause illumination that is directly or indirectly visible from the beach. Window treatment shall be required on all windows visible from the beach. Blackout draperies or shadescreens are preferred. Alternatively or additionally, window tint may be applied to beachfront windows. The turning out of all unnecessary interior lights during the nesting season is strongly encouraged. Recommended corrective action that can be used to reduce or eliminate the effects of exterior lighting: -permanently remove the light fixture. -disconnect the light fixture. -reposition the light fixture so the point source is no longer visible from the beach. -replace light fixtures having an exposed light source with light fixtures containing recessed light sources or shields. -replace non-directional light fixtures with directional light fixtures pointing down and away from the beach. -replace light fixtures having translucent or transparent coverings with light fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the light fixture on seaward side so the light source is not visible from the beach. -replace pole lamps with low-profile, low-level luminaries so that the light source is not visible from the beach. -plant or improve vegetation buffers between the light source and the beach to screen light form the beach. -construct an ornamental structural barrier to shield light sources from the beach; and -modify the light fixture by adding a shield. Boca Raton No artificial light any area of the incorporated beaches of the City. Window treatments in all windows visible from the beach regardless of exposure are required so that interior lights do not directly or indirectly illuminate the beach. Lights illuminating buildings or associated grounds for security or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off between sunset to sunrise during the period of March 1 to October 31 of each year. *Delray Beach, Juno Beach, and Ocean Ridge have adopted by reference Palm Beach County’s Sea Turtle Protection Ordinance. Page 194 PUBLIC COMMENT Page 195 From:Jeffrey To:Marshall Labadie Cc:Jeff Remas; Natasha Moore; Ingrid Allen; David Stern; Evalyn David; Donald Peters; Judith Goldberg; Terisha Cuebas; Rick Greenwald Subject:Primary concern Date:Tuesday, December 5, 2023 6:28:09 PM Marshall, The mayor suggested that I voice my concerns about new ordinances earlier than I have been doing. Therefore, I would like to express my primary concern regarding the proposed lighting ordinance. The new ordinance appears to aim at banning all common flood lighting fixtures. According to the current ordinance proposal, the building department is likely to deny permits for flood-type lighting fixtures, even for use only during the months of November through February. Please let me know if my understanding of this matter is accurate. Thank you, Page 196 From:Jeffrey To:Natasha Moore; David Stern; Evalyn David; Donald Peters; Judith Goldberg Cc:Marshall Labadie; Rick Greenwald; Terisha Cuebas; Craig Hartmann; Jeff Remas; Ingrid Allen Subject:Motion-activated security lighting Date:Wednesday, December 6, 2023 8:12:26 PM Commissioners, Yesterday, Chief Hartmann addressed enhancing security measures through lighting. He specifically emphasized the importance of motion-activated lighting systems. These systems play a pivotal role in bolstering security during nighttime hours. However, a significant challenge arises with the introduction of the new lighting ordinance. This proposed ordinance presents a substantial limitation: it does not allow for the issuance of permits for installing such motion-activated lighting systems. Notably, this restriction is not just limited to the summer months, which are critical for turtle nesting but extends throughout the entire year. To illustrate the type of lighting systems discussed, please find below examples of motion-activated security lighting. These examples showcase various designs and technologies that are widely used in similar contexts. This visual representation aims to provide a clearer understanding of the lighting systems in question and the potential impact of the ordinance on community safety, particularly during the winter months, which are without concerns over turtle hatchlings. Page 197 Page 198 Page 199 From:Jeffrey To:Natasha Moore; David Stern; Evalyn David; Donald Peters; Judith Goldberg Cc:Marshall Labadie; Rick Greenwald; Terisha Cuebas; Jeff Remas; Ingrid Allen Subject:Sincere gratitude Date:Tuesday, December 5, 2023 4:38:23 PM Dear Commission Members, I extend my sincere gratitude for the comprehensive and detailed discussions today regarding the proposed Lighting Ordinance. I really appreciate your diligent approach to addressing this matter. I remain optimistic that the final draft of the ordinance will contain provisions for permitting the installation of normal lighting fixtures and floodlighting fixtures to be used from November through February. Thank you for your continued dedication and hard work on this important issue. Warm regards, Jeffrey Kleiman Highland Beach Page 200 (8) From:Jeffrey To:Natasha Moore; David Stern; Evalyn David; Donald Peters; Judith Goldberg Cc:Marshall Labadie; Rick Greenwald; jahalpern@comcast.net; Jeff Remas; Ingrid Allen Subject:Turtle Glass and lighting Date:Tuesday, May 23, 2023 8:04:21 PM Mayor, Vice Mayor, Commissioners, I strongly support preserving our inland waterways, ocean, and beaches in Highland Beach. I will donate $2,500.00 to the SeaTurtle volunteers, matching the amount donated by our town. I am grateful to our town planner for informing us that the state has removed its turtle lighting code and recommends local regulations. This speaks volumes. I suggest advising our town staff to propose practical and reasonable regulations instead of ones that seem too strict. This will help ensure a more productive approach to presenting proposed ordinances. Our present code is pure genius- " No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatching during the period from March 1 to October 31 of each year, from dusk to dawn." Boca Raton has a brilliant catch-all code about outdoor lighting; this code is in the Commission meeting agenda package- "Lights illuminating buildings or associated grounds for security or recreational purposes shall be shielded or screened such that they are not visible from the beach or turned off between sunset to sunrise during the period of March 1 to October 31 of each year. " Sincerely, Jeffrey Kleiman Highland Beach Copy of the Fort Lauderdale code that allows tint or window shades for new construction. Sec. 6-49. - Lighting standards for new development Tinted glass shall be installed on all windows and glass doors of single and multi-story structures facing or within line-of-sight of the beach. Shade screens can be substituted for this requirement. https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances? Page 201 nodeId=COOR_CH6AN_ARTIIISETU_DIV2BEARARLIRE_S6-49LISTNEDE Page 202 From:Jeffrey To:Jeff Remas Cc:Lanelda Gaskins; Natasha Moore; Donald Peters; Evalyn David; Judith Goldberg; Marshall Labadie; David Stern; Rick Greenwald; Ingrid Allen Subject:Re: Proposed Lighting Ordinance Date:Tuesday, December 5, 2023 8:17:46 AM Jeff, Thank you for your concern for the residents of Highland Beach. Your contributions to the safety of Highland Beach residents are greatly appreciated by all. Many matters that come before the Town Residents’ Commission are “quality of life issues,” as opposed to safety issues. For the most part, the State of Florida has stayed away from beachfront lighting ordinances. I think this is because the state recognizes that each municipality may have different but equally effective ways of protecting sea turtle hatchlings. To date, Highland Beach's residents have been successful in obtaining the common goal of preventing artificial lighting from disorienting sea turtle hatchlings. Adding new overreaching ordinances only serves to needlessly restrict property owners' rights. Over the past few years, I have suggested many environmental improvements to our Commission. I would like to invite you to join my efforts in advancing these meaningful initiatives. I am currently working on getting the Florida Department of Transportation (FDOT) to stop dumping polluted stormwater from the state road into our canals. Best regards, Jeffrey Kleiman On Dec 5, 2023, at 12:33 AM, Jeff Remas <bco@highlandbeach.us> wrote:  Mr. Kleiman, I appreciate you taking the time to express your concerns about the proposed lighting ordinance. Your engagement in civic matters is valuable to our community. I would like to take this opportunity to provide some additional context regarding the ordinance. This proposal has been in development for several years, drawing from a model ordinance for the State of Florida, reduced in scope, and integrated practices from similar municipalities. Our goal has been to create a more effective framework for managing turtle-safe lighting in our community. As you may know, the current ordinance has often been critiqued for its vague language, which, ironically, has led to broader interpretative applications. The proposed ordinance addresses these ambiguities by offering clear guidelines and compliance solutions, thereby reducing the potential for overreach. It’s important to highlight that this ordinance has been a subject of public discussion on multiple occasions, starting with the Town Commission, which asked for changes that were implemented for further board reviews. The contributions of our community members have enriched these discussions. The Natural Resources Board and the Planning Board, consisting of residents like yourself, have reviewed, discussed, and Page 203 unanimously recommended the proposed ordinance. Their collective insights have been instrumental in shaping a balanced and community-centric proposal. I understand that you are concerned about the ordinance's implications, particularly regarding indoor lighting and its impact on our residents' well-being. Please know that these factors were thoughtfully considered in the drafting process. I noticed that your participation in these discussions was missed. Active involvement in such processes can offer a deeper understanding of the complexities and intentions behind such proposals. Your perspective and insights would be a valuable addition to future discussions. In this light, I would like to encourage you to consider participating more actively in our community boards and meetings. Your involvement could significantly contribute to shaping our town’s future during the process rather than afterward. The Town aims to always work collaboratively towards solutions that reflect the needs and values of our residents, and your continued input is a vital part of this process. Thank you again for reaching out, and I look forward to your active participation in our community’s ongoing dialogues. <image001.png> Respectfully,Jeff Remas Building Code Official Town of Highland Beach 3616 S. Ocean Boulevard Highland Beach, FL 33487 (561) 278-4540 Office (561) 278-2606 Fax www.highlandbeach.us From: Jeffrey <jeffreyfl@gmail.com> Date: Monday, December 4, 2023 at 11:58 To: Lanelda Gaskins <lgaskins@highlandbeach.us> Cc: Natasha Moore <nmoore@highlandbeach.us>, Donald Peters <sportsbarn1@aol.com>, Evalyn David <edavid@highlandbeach.us>, Judith Goldberg <judy@judithgoldberg.com>, Marshall Labadie <mlabadie@highlandbeach.us>, David Stern <dstern@highlandbeach.us>, Rick Greenwald <Ragreenwald@bellsouth.net>, Jeff Remas <bco@highlandbeach.us>, Ingrid Allen <iallen@highlandbeach.us> Subject: Proposed Lighting Ordinance Public Comment for Tuesday's Commission meeting. Subject: Proposed Lighting Ordinance, Page 204 Dear Mayor, Vice Mayor, Commissioners, The proposed lighting ordinance represents a clear case of government overreach. This proposed ordinance is focused on regulating the behavior of Highland Beach residents through absolute measures. It goes beyond mere overreach; It actively creates issues where none previously existed. It is a cure for a disease we don't have. Our residents are intelligent enough to continue being permitted to install outdoor flood lighting for use only during the peak People Season from November through February. The Highland Beach Commission should not restrict daytime indoor sunlight over a nighttime issue. Our residents are also intelligent enough to lower their beachfront window shades at night during hatchling season, as they have been doing successfully in accordance with the existing town ordinance for many years. The proposed ordinance would minimize indoor sunlight to less than half on sunny days. On cloudy days, this reduction in sunlight will cause a notably gloomy and depressing indoor environment. Our older, infirmed residents do not deserve to spend their final days in partial darkness. Let's remember that it's Florida's sunshine that brought us here. I firmly believe this proposed ordinance warrants outright rejection. Sincerely, Jeffrey Kleiman Highland Beach Page 205 From:Jeffrey To:Natasha Moore; David Stern; Donald Peters; Evalyn David; Judith Goldberg Cc:Marshall Labadie; Terisha Cuebas; Jeff Remas; Ingrid Allen Subject:Staff suggested lighting ordinance revision. Date:Sunday, December 3, 2023 5:07:27 PM Subject: Concerns Over Proposed Lighting Ordinance. Mayor, Vice Mayor, Commissioners, I am expressing my deep concerns about the proposed lighting ordinance. Firstly, The proposed ordinance is nearly impossible to understand. Staff's approach to crafting this ordinance selectively adopts parts of the state model while significantly embellishing others. This not only adulterates the original state model but also encroaches into areas that directly affect residents' quality of life. Any claim that this revision is merely an adoption of the state model is, unfortunately, not accurate. Revising an ordinance that is not related to health or public safety by our town's building department, which operates with enforcement authority akin to that of a police force, equates to staff proposing new laws governing the behavior of our residents. This is not in their domain. The proposal prohibits the installation of any lighting except for dim amber, orange, or red lights, not only during the seven-month nesting season but throughout the entire year. It ignores that our residents prefer well-lit patios and pool areas during our peak People Season, which is from November through February. These months are crucial for our community, and such a ban would dampen the enjoyment and atmosphere that our residents cherish. It's noteworthy that the proposed ordinance omits the entire state model Geographic Boundary Clause; instead, harsher language was initially added and then revised to ambiguous language in this version. The introduction of new restrictions, harsher than the state code, appears to be an overreach. Furthermore, it's concerning that many additional new restrictions have been added since our Commission last reviewed the staff's proposal. The imagery shown to our Commission during the original proposal, particularly the Page 206 night image of Tuscana, might have been deceptive. To address this, I personally captured an image from the same location with adjusted camera settings to more accurately reflect the actual lighting situation. This effort was necessary as automatic exposure often results in overly brightened pictures, which can misrepresent the true extent of the lighting. Image from Commission Agenda Package- The image I took from the same spot on the beach- Page 207 To the best of my understanding, there is no documented evidence suggesting that sea turtle hatchlings have been adversely affected by the current town ordinance — specifically, there are no records of hatchlings straying away from the ocean and perishing due to any shortcomings in our existing regulations. Additionally, there hasn't been a notable demand from a significant amount of our residents for any changes to the present ordinance. Our town staff, while well-intentioned and a vital part of our community, were placed in a position well beyond their appropriate scope. I respectfully propose that the revision of this ordinance be postponed until the residents of Highland Beach express a clear need or desire for such changes. This approach will ensure that any amendments are truly in line with the community's interests and requirements. Sincerely. Jeffrey Kleiman Highland beach Page 208 This is what is being suggested for the non-nesting months of the People Season November through February. Page 209 From:Stacey Gallagher To:Ingrid Allen Subject:RE: Today"s Commissioners meeting Date:Friday, December 15, 2023 10:16:26 AM Attachments:image003.png Hi Ingrid, That sounds good. Thank you so much for your hard work on this ordinance and for sending over our suggestions. They can be found below: 1) Ordinance jurisdiction: In our experience, it is more effective to designate the jurisdictional area of the ordinance by using visibility criteria as opposed to a defined setback (west of SR A1A). This is important because there could be properties just west of the properties west of A1A that could be contributing problematic lighting that would not be able to be addressed. This could be achieved by using language similar to this: An overlay district, known as the Sea Turtle Lighting District, is hereby established in the City of Marco Island. The Sea Turtle Lighting District is defined as all beachfront properties from Cape Marco to Hideaway Beach. Within this district, this ordinance applies to all light visible from the beach. This language establishes a linear boundary while also singling out light that is visible from the beach. 2) Requirements for existing construction: I understand that the direction from the Commission was to “soften” the requirements for existing construction on the beach. However, the Commission agreed in the First Reading that nearly all properties along Highland Beach fall under the category of existing construction. If these properties do not have specific requirements to follow to minimize their impact on sea turtles, the problematic lights will not be addressed. In order for the ordinance to actually be effective, it must provide specific requirements that are easy to follow for residents. We recommend keeping the specific requirements for addressing problematic coastal lighting for existing construction in the ordinance and to ensure that they are still required and are not voluntary. 3) Tinted glass: We appreciate the Town’s efforts to add in requirements for interior lighting to the ordinance; interior lighting can be just as harmful to marine turtles as exterior lighting. Although 45% tint transmittance can appear quite dark on the outside of the window compared to no tint at all, 45% tint simply is not enough to effectively block interior light from reaching the beach and disorienting sea turtles. Unfortunately, 45% tint transmittance is marketed as “turtle glass,” which is a misnomer. When we apply tint to our retrofit properties, we aim to get as close to 15% tint transmittance as possible. We of course defer to the tinting company on whether 15% tint is achievable with the type of window the film is being applied to, but we aim to go as low as possible. On properties where we have installed 15% tint, we have never heard of windows being impacted due to the tint or heard dissatisfaction from the property owner. The 2020 Model Lighting Ordinance does include 45% tint transmittance, but it does encourage going lower. In addition, in 2022, Florida Fish and Wildlife Conservation Commission (FWC) completed a study that would determine the best tint transmittance level to reduce sea turtle disorientations from interior light. I wanted to let you know that we have since attended Page 210 conferences and meetings where FWC presented the preliminary results of this study, which indicated that a tint transmittance of 30% or lower was the most ideal transmittance to reduce sea turtle disorientations (see attached photo of slide detailing these results). This confirms what we in the sea turtle community have known anecdotally for years – that the 45% tint transmittance requirement found in most ordinances, and the transmittance that is found in the misnamed “turtle glass,” is not dark enough to reduce sea turtle disorientations. 4) Compliance: Throughout the First Reading, members of the Commission stated that the requirements in the proposed ordinance language would be “too onerous” for coastal residents to comply. However, more than 100 local governments throughout the State have adopted and enforced lighting ordinances for sea turtle protection, many since the early 1990s. STC has also retrofitted hundreds of coastal properties with wildlife friendly lighting technology, which is widely diverse and available and can meet safety requirements. Although change is often difficult to adjust to, especially when white, unshielded light has been the norm for many people throughout their lives, it is possible to shift community attitudes toward conservation. We at STC have a suite of attractive, engaging educational materials that we can provided to the Town for free to help educate your residents about this change. We are also available to host presentations or provide any guidance that your residents may need. 5) Why the Town must strengthen its ordinance language and enforcement: The Town has a responsibility to prevent the “take” of federally-protected sea turtles by poorly managed artificial lighting. Florida is home to 90% of all sea turtle nesting in the U.S. and hosts globally-important populations of sea turtles. The decisions made by the Town regarding its ordinance language and enforcement directly correlate with the recovery of these important keystone species. The Town received more than 1,500 sea turtle nests in 2023 – this means that potentially thousands of sea turtle hatchlings could have become disoriented by poorly managed artificial lighting. Thank you so much, Ingrid, for all of the work you have done to make this language as protective as it can be for sea turtles while also taking into account the needs of your community. It is not an easy task to balance these needs, but it is necessary for the survival of the species and for the Town. I will send a separate letter to Commissioners in the new year ahead of the January 16 meeting. Stacey Gallagher, M.A.M.C. Development and Policy Coordinator/Lighting Project Specialist Sea Turtle Conservancy 4581 NW 6th Street, Suite A | Gainesville, FL 32609 352-373-6441| www.conserveturtles.org Page 211 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Jan 27, 2024 Ordinance No. 2024-001 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: January 28, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: lgaskins@highlandbeach.us 7567733 SUN-SENTINEL Page 212 Order # - 7567733 SUN-SENTINEL Page 213 SUN-SENTINEL Page 214 File Attachments for Item: A. Approve and authorize the Town Staff to purchase Zoll EKG monitors for $147,193.75 according to the Sinavvik Contract, (Contract No. PSAI 2921-06) for the Fire Rescue Department. Page 215 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE 02/06/2024 SUBMITTED BY: Fire Rescue Department SUBJECT: Piggyback Procurement – Zoll EKG Monitor SUMMARY: The Zoll X Series EKG Monitor is the latest advancement in prehospital emergency medical care. This monitor is compact, lightweight, and features a high -contrast color display that can simultaneously display up to four waveforms. Equipped with the best-in-class parameters, including Masimo rainbow sensors for oxygen saturation, carbon monoxide levels, end -tidal carbon dioxide monitoring, and a Welch Allyn non -invasive blood pressure monitoring system. The Zoll system is designed to improve patient survivability by allowing real-time 12- lead EKG monitoring, intuitive data transmission capabilities, and a clear and intuitive user interface. This technology aligns with the fire department's commitment to ensuring the highest level of pre-hospital emergency care for all residents and visitors in the Town. The Commission’s approval will provide three additional Zoll X Series – one for each unit to minimize delays when responding to simultaneous medical incidents. Zoll Medical Corporation provided a quote to supply the Zoll EKG Monitors through Savvik Contract, Contract No. PSAI 2021-06. FISCAL IMPACT: $147,193.75 budgeted in account 001-522.000-564.000 (Machinery and Equipment) ATTACHMENTS: Quote for Zoll EKG Monitor Savvik Contract, Contract No. PSAI 2021-06. RECOMMENDATION: Approve and authorize the purchase of the Zoll EKG Monitor in accordance with Savvik Contract, Contract No. PSAI 2021-06. Page 216 Page 217 Quote No: Q-57507 Version: 1 Page 1 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Town of Highland Beach Fire Rescue 3614 S. Ocean Boulevard Highland Beach, FL 33404 ZOLL Customer No: 317727 Tom McCarthy tmac105@att.net Quote No: Q-57507 Version: 1 Issued Date: January 25, 2024 Expiration Date: March 31, 2024 Terms: NET 30 DAYS FOB: Destination Freight: Prepay & Add Prepared by: Diego Mauri EMS Territory Manager dmauri@zoll.com +1 4048868079 Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 1 1343184 601-2231011-01 X Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, CPR Expansion Pack Includes: 4 trace tri-mode display monitor/ defibrillator/ printer, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5in ( 16.5cm) diagonal screen. Accessories Included: MFC cable and CPR connector, A/C power cord, One (1) roll printer paper, 6.6 Ah Li-ion battery, Carry case, Operator Manual, Quick Reference Guide, and One (1)-year EMS warranty. Parameter Details: Real CPR Help - Dashboard display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru ® CPR artifact filtering • Interpretative 12-Lead ECG (Full 12 ECG lead view with both dynamic and static 12-lead mode display. 12-Lead OneStep ECG cable - includes 4-Lead limb lead cable and removable precordial 6-Lead set) • ZOLL Noninvasive Pacing Technology • Welch Allyn NIBP with Smartcuff. 10 foot Dual Lumen hose and SureBP Reusable Adult Medium Cuff • Masimo SpO2 & SpCO with Signal Extraction Technology (SET), Rainbow SET® • EtCO2 Oridion Microstream Technology. Microstream tubing set sold separately • 3 $48,744.00 $39,970.08 $119,910.24 2 1343184 8900-0400 CPR Stat-padz HVP Multi-Function CPR Electrodes - 8 pair/case 1 $716.00 $537.00 $537.00 Page 218 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 Page 2 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 3 1343184 8300-000208 Microstream Advance Adult-Pediatric Intubated CO2 Filter Line, Short Term Use, Box of 25 1 $303.00 $225.50 $225.50 4 1343184 8300-000200 Microstream Advance Adult Oral-Nasal CO2 Filter Line With O2 Tubing, Short Term Use, Box of 25 1 $391.00 $291.10 $291.10 5 1343184 REUSE-12-2MQ Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2- Tube, Twist Lock connector 3 $63.00 $51.66 $154.98 6 1343184 REUSE-09-2MQ Welch Allyn REUSE-09-2MQ Cuff, Child, 2-Tube, Twist Lock connector 3 $63.00 $51.66 $154.98 7 1343184 8000-001392 Masimo rainbow® RC-4 - 4FT, Reusable EMS Patient Cable 3 $299.00 $245.18 $735.54 8 1343184 8000-000476 M-LNCS Pdtx-3 Pediatric Sp02 Adhesive Sensor, 3 ft. Single Patient Use 10-50kg (20 per box) 1 $414.00 $339.48 $339.48 9 1343184 8000-000371 rainbow® DCI® SpO2/SpCO/SpMet Adult Reusable Sensor with connector (3 ft) 3 $1,029.00 $843.78 $2,531.34 10 1343184 8000-0580-01 Six Hour Rechargeable, SurePower II Smart Battery 3 $957.00 $504.30 $1,512.90 11 1343184 8000-000876-01 Paper, Thermal, w/Grid, BPA Free (Box of 6)3 $30.00 $24.60 $73.80 12 1343184 8900-0004 4 ECG electrodes/pouch (120 pouches / 480 electrodes) 1 $123.00 $100.86 $100.86 13 1343184 8900-0006 6 ECG electrodes/pouch (100 pouches / 600 electrodes) 1 $154.00 $126.28 $126.28 Page 219 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 Page 3 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 14 8778-89003-WF X Series - Worry-Free Service Plan - 3 Years At Time of Sale Includes: Annual preventive maintenance, 27% discount on new cables, 27% discount on additional SurePower II Batteries, discount on parameter upgrades, SurePower II Battery replacement upon failure, and accidental damage coverage (see comments). Shipping and use of a Service Loaner during repairs, no charge shipping. Extended warranty is a continuation of the EMS One Year Product Limited Warranty. • ACCIDENTAL DAMAGE COVERAGE: Includes one device outer housing replacement per year per device. This coverage excludes devices that are deemed beyond repair and/or catastrophic damage. Cosmetic damage that does not affect the integrity of the device would not require outer housing replacement. • BATTERY REPLACEMENT PROGRAM: Batteries must be maintained per ZOLL recommended maintenance program - Batteries are replaced upon failure, one for one, throughout the term of the ExpertCare Service contract, should the SurePower II battery or SurePower Charger display a fault - Batteries must be evaluated and confirmed of failure through ZOLL Technical Support and/or an on-site field service technician. - Up to three batteries per device will be covered for batteries acquired from ZOLL in last 24 months for batteries that fail during the Worry-Free service contract period. (When Service Contract purchased post-sale) - For batteries acquired from ZOLL over 24 months ago, one battery per device will be covered for batteries that fail during the Worry-Free service contract period. (When Service Contract purchased post-sale) 3 $5,695.00 $5,125.50 $15,376.50 15 8400-110045 CaseReview Premium Subscription, X Series, 5 Year- Hosted Provides detailed post-case information, including CPR quality on compression depth, rate, pause time and release velocity, as well as ECG, shocks, EtCO2 and SpO2 vital signs. 2 $2,430.00 $2,430.00 $4,860.00 16 1343184 8900-0810-01 Pedi-padz II Pediatric Multi-Function Electrodes Designed for use with the AED Plus. The AED recognizes when pedi?padz II are connected and automatically proceeds with a pediatric ECG and adjusts energy to pediatric levels. Twenty four (24) month shelf-life. One pair. 3 $117.00 $87.75 $263.25 Subtotal:$147,193.75 Total:$147,193.75 Page 220 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 Page 4 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Contract Reference Description 1343184 Reflects Public Safety Association Inc contract pricing, agreement number PSAI 2021-06. Notwithstanding anything to the contrary herein, the terms and conditions set forth in contract PSAI 2021-06, shall apply to the customer's purchase of the products set forth on this quote. To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions (“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found at https://www.zoll.com/about-zoll/invoice-terms-and-conditions and for software products can be found at http://www.zoll.com/SSPTC and for hosted software products can be found at http://www.zoll.com/SSHTC. Except in the case of overriding T’s and C’s, any Purchase Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL. 1. Delivery will be made upon availability. 2. This Quote expires on March 31, 2024. Pricing is subject to change after this date. 3. Applicable tax, shipping & handling will be added at the time of invoicing. 4. All purchase orders are subject to credit approval before being accepted by ZOLL. 5. To place an order, please forward the purchase order with a copy of this quotation to esales@zoll.com or via fax to 978-421-0015. 6. All discounts from list price are contingent upon payment within the agreed upon terms. 7. Place your future accessory orders online by visiting the ZOLL Webstore. Page 221 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 Page 5 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Order Information (to be completed by the customer) [ ]Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) [ ]Taxable Entity (Applicable tax will be applied at time of invoice) BILL TO ADDRESS SHIP TO ADDRESS Name/Department:Name/Department: Address:Address: City / State / Zip Code:City / State / Zip Code: Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? [ ]Yes PO Number: ____________PO Amount: ____________ (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) [ ]No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation. Town of Highland Beach Fire Rescue Authorized Signature: _1\ \s1\ Name:\n1\ Title:\t1\ Date:\d1\ Page 222 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 6 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com ALS/BLS Software Solutions Master Application Service Provider Agreement 1.Orders. ZOLL Medical Corporation (“ZOLL”) shall provide the ASP Services, Implementation Services and Support Services identified in any order or contract (“Order”) between ZOLL and another party (“Customer”) incorporating this Software Solutions Master Application Service Provider Agreement (together with each such Order, the “Agreement”). ASP Services are further defined in Section 3. Implementation Services are further defined in Section 4. Support Services are further defined in Section 5. The ASP Services, Implementation Services, and Support Services are each, and are collectively, “Services”. The terms and conditions set forth in this Agreement shall only apply to ALS/BLS Software Solutions products that are used with ZOLL Medical Corporation defibrillators. For the sake of clarity, these terms and conditions do not apply to any ZOLL patient care reporting software. 2.Payment. Customer shall pay fees to ZOLL for Services as provided in any Order and this Agreement (“Fees”). Unless otherwise provided in the applicable Order, Customer will pay ZOLL all Fees due under this Agreement within thirty (30) days after the date of ZOLL’s invoice. The first invoice will be sent after the Deployment Effective Date. "Deployment Date" means the date upon which the deployment of the ASP Services is complete and it is able to function as described in the warranty set forth in this Agreement, regardless of whether Customer actually uses such ASP Services. "Deployment Effective Date" means the earlier of (a) the Deployment Date or (b) 90 days from the date after ZOLL’s shipment of defibrillators that are included on the Order (the “Latest Deployment Date”), unless a delay in the Deployment Date has been caused by ZOLL, in which case the Deployment Effective Date shall be postponed by a number of days equal to the delay that ZOLL has caused. Fees are non- refundable other than as expressly set forth herein. Amounts not paid when due will accrue interest at the rate of 1.5% per month, or the maximum allowed by law, whichever is less. Customer shall pay all expenses (including reasonable attorney’s fees) incurred by ZOLL in connection with collection of late payments. Any amounts not paid by Customer when due may result in the forfeiture by Customer, in ZOLL’s sole discretion, of any discounts previously offered by ZOLL. In addition, ZOLL may cease providing any or all of the Services if any invoice is not paid in a timely manner, in which event ZOLL will not be liable to Customer for any damages caused by such cessation. Payment terms are subject to ZOLL’s credit approval. Fees exclude all applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges (“Taxes”). 3.ASP Services. “ASP Services” means the hosting and maintenance of ZOLL software, as modified, updated, and enhanced (the “Underlying Software”), for remote electronic access and use by Registered Users on the website with a unique URL to be provided by ZOLL to Customer (the “ZOLL Site”) in substantial conformity with the instructions for use, documentation and users manuals from time-to-time provided by ZOLL (the “Documentation”), as listed in any Order, on and after the Implementation Date (defined below) for such services and before that Order has expired or been terminated in accordance with the Agreement. Customer acknowledges that the ASP Services are only compatible with ZOLL equipment that has been enabled and configured for use with the ASP Services in accordance with the Documentation and only with the browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. 3.1.Provision of ASP Services. Subject to the terms and conditions of the Agreement, ZOLL will use commercially reasonable efforts to make the ASP Services available to Customer and Customer’s employees, directors, principals, partners, consultants and agents authorized to use ASP Services on behalf of Customer and registered through the ZOLL Site for such use (“Registered Users”) through the ZOLL Site over normal network connections in accordance with the Documentation, excepting downtime due to necessary maintenance and troubleshooting. Customer, not ZOLL, shall be responsible for controlling Registered Users and protection of confidentiality of its login identifications and passwords. Customer acknowledges that (i) it is responsible for maintaining its interface and connectivity to the ASP Services and (ii) any facilities used for provision of the ASP Services may be owned or operated by ZOLL, or a ZOLL affiliate or a third party, or any combination of such facilities, as determined by ZOLL. Customer acknowledges that ZOLL may modify and upgrade the ASP Services, on an ongoing basis, to improve or adapt the ASP Services. Without limiting the foregoing, ZOLL will have the right, in its sole discretion, to develop, provide and market new, upgraded or modified ASP Services to Customer, including adding, removing or modifying the functionality or features of the ASP Services accessible by Registered Users. ZOLL will use commercially reasonable efforts to notify Customer within a reasonable period of time prior to the implementation of such changes so that Customer is reasonably informed of alterations to the ASP Services that will affect the ASP Services and Customer’s use of them. Notwithstanding anything to the contrary in the Agreement, ZOLL may cease providing any ASP Services upon at least six months advance notice to Customer. 3.2.Access Software. Subject to the terms and conditions of this Agreement, ZOLL grants to Customer, during the Term, a non-exclusive, non-transferable, non- sublicensable license for Registered Users to access and use the ASP Services using the ZOLL software that Registered Users may download at the ZOLL Site to access the ASP Services, as modified, updated and enhanced (the “Access Software”), each as made available to Customer through the ZOLL Site, solely for Customer’s internal business purposes and solely in accordance with the Documentation. Access Software and Underlying Software are, collectively, the “Software”. 3.3.Restrictions. Customer shall not, and shall not permit any third party to: (a) use, reproduce, modify, adapt, alter, translate or create derivative works from the ASP Services, Software or Documentation; (b) merge the ASP Services, Software or Documentation with other software or services; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer or allow access to the ASP Services, Software or the Documentation to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to alter or derive the Source Code for the ASP Services or Software; (e) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices included in the ASP Services, Software or Documentation; or (f) otherwise use or copy the ASP Services, Software or Documentation in any manner not expressly permitted by the Agreement. Customer agrees not to use the ASP Services in excess of its authorized login protocols. Customer shall immediately notify ZOLL of any unauthorized use of Customer’s login ID, password or account or other breach of security. If Customer becomes aware of any actual or threatened activity contemplated by the restrictions on use set forth in this section, Customer will, and will cause Registered Users to, immediately take all reasonable measures necessary to stop the activity or threatened activity and to mitigate the effect of such activity including: (i) discontinuing and limiting any improper access to any data; (ii) preventing any use and disclosure of improperly obtained data; (iii) destroying any copies of improperly obtained data that may have been made on their systems; (iv) otherwise attempting to mitigate any harm from such events; and (v) immediately notifying ZOLL of any such event so that ZOLL may also attempt to remedy the problem and prevent its future occurrence. 3.4.Service Level Agreement. 3.4.1.Downtime. “Downtime”, expressed in minutes, is any time the ASP Services are not accessible to Registered Users. 3.4.2.Planned Downtime. “Planned Downtime” is Downtime during which ASP Services may not be available in order for ZOLL to continue to provide commercially reasonable services, features and performance to its customers. Planned Downtime includes, but is not limited to: (a) Standard Maintenance; and (b) Emergency Maintenance. “Standard Maintenance” is performed when upgrades or system updates are desirable. “Emergency Maintenance” is performed when a critical system update must be applied quickly to avoid significant Downtime. Standard Maintenance may be performed weekly on Monday and Wednesday between the hours of 7 p.m. to 11 p.m. in Broomfield, Colorado. ZOLL will provide Customer with notice at least 24 hours in advance of Standard Maintenance. Page 223 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 7 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 3.4.3.Excused Downtime. “Excused Downtime” time is Downtime caused by: (a) services, software or hardware provided by anyone or any entity other than ZOLL, (b) software, services or systems operating outside of a ZOLL Site, including any software or systems operating on a Customer’s premises (including ZOLL software); (c) a Force Majeure Event or (d) Customer's failure to comply with its obligations under the Agreement or use of the ASP Services in ways that were not intended. 3.4.4.Unplanned Downtime. Unplanned Downtime in a calendar month is expressed as a percentage calculated as follows: (Downtime - (Planned Downtime + Excused Downtime)) Total number of minutes in the calendar month x 100 = x %, where “x” is Unplanned Downtime. 3.4.5.Unplanned Downtime Goal. ZOLL shall provide the ASP Services such that there is less than 1% of Unplanned Downtime in a calendar month (the “Unplanned Downtime Goal”). The ASP Services covered by the Unplanned Downtime Goal are those for which Customer has paid all Fees when due and is using in the course of carrying out its normal business operations in accordance with the Agreement. 3.4.6.Revocation of Administrative Rights. Notwithstanding anything to the contrary in the Agreement, ZOLL may revoke administrative rights, including database access rights, if the use of any such rights results in Downtime. 3.4.7.Customer Content; Security; Backup. 3.4.7.1.Customer Content. As between ZOLL and Customer, and without limiting the rights of any patient, Customer will retain all right, title and interest in and to all data, information or other content provided by Customer in its use of the ASP Services (“Customer Content”); provided, however, that ZOLL may de-identify and use Customer Content for any lawful purpose consistent with all applicable law. 3.4.7.2.Security. Subject to Customer’s obligations under this Agreement, ZOLL will implement commercially reasonable security measures within the ASP Services in an attempt to prevent unlawful access to Customer Content by third parties. Such measures may include, where appropriate, use of updated firewalls, commercially available virus screening software, logon identification and passwords, encryption, intrusion detection systems, logging of incidents, periodic reporting, and prompt application of current security patches and virus definitions. 3.4.7.3.Backup of Customer Content (Not Applicable to Remote View). Although ZOLL will use commercially reasonable efforts to maintain the integrity of the Customer Content, to back up the Customer Content, and to provide full and ongoing access to the ASP Services, loss of access to the ASP Services and loss of Customer Content may occur. Customer will make provision for additional back-up storage of any critical Customer Content and shall be responsible for compliance with all records retention requirements applicable to Customer. ZOLL will not be responsible for any loss, corruption of or inaccessibility of the Customer Content due to interruption in the ASP Services or otherwise arising out of circumstances not within ZOLL’s control. 3.4.7.4.Availability of Customer Content (Not Applicable to Remote View). It is Customer’s responsibility to maintain any Customer Content that it requires for archival purposes, ongoing management of its operations and compliance with applicable records retention requirements. Unless specified otherwise in the Agreement, ZOLL will store Customer Content, other than Inactive Customer Content as defined below (the “Active Customer Content”), in ZOLL’s working data set until the earlier of (i) five years (calculated from the date of creation of such Customer Content, or ZOLL’s receipt of such Customer Content, whichever is later) or (ii) the expiration or termination of this Agreement or the Order under which such Active Customer Content was stored (the “Active Retention Period”). Upon the expiration of the Active Retention Period, ZOLL will notify Customer in writing and will provide Customer the option, which Customer shall exercise by informing ZOLL in writing, within 30 days of receiving the notice, that either (a) Customer wishes to receive Active Customer Content in a database determined by ZOLL in its sole and absolute discretion (a “Database”), or (b) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current terms and conditions, to continue to store the Active Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL will have the right to destroy the Active Customer Content. During the time ZOLL stores Customer Content for Customer hereunder, ZOLL may periodically identify Customer Content that has had no activity associated with it for at least 180 days (“Inactive Customer Content”) and will notify Customer in writing of its intent to remove the Inactive Customer Content from ZOLL’s working data set and destroy such data, unless Customer requests, in writing, within 30 days of receiving the notice from ZOLL, that either (z) Customer wishes to receive the Inactive Customer Content in a Database, or (y) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current terms and conditions, to continue to store such Inactive Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL will have the right to destroy the applicable Inactive Customer Content in its possession or under its control. Except for this Section 3.4.7.4, the terms of Section 3.4 (including, without limitation, the Unplanned Downtime Goal) do not apply to Customer’s access of Inactive Customer Content. Customer represents, warrants and agrees that it (A) is solely responsible for determining the retention period applicable to it with respect to Customer Content maintained by ZOLL; (B) has consulted with or has had the opportunity to consult with legal, information governance or records management professionals; and (C) is not relying upon ZOLL to assist with determining the records maintenance or retention requirements applicable to it. 3.4.8.Remedies. A “Service Credit” means a percentage of the monthly Fee to be credited to Customer (subject to Customer’s written request therefor and ZOLL’s verification thereof) for any ASP Service for which the Unplanned Downtime Goal is exceeded in a calendar month. For any calendar month where the aggregate total of Unplanned Downtime for any ASP Service exceeds one percent ZOLL will provide a 10% Service Credit towards Customer's monthly Fee for such ASP Service that was affected; provided, that Customer (i) requests such Service Credit in writing within 30 days of the end of the calendar month in which such Unplanned Downtime occurred, (ii) includes in such request the nature of, and date and time of such Unplanned Downtime and (iii) such Unplanned Downtime is verified by ZOLL. Such Service Credit will be applied to a future month's invoice for such ASP Services, which typically is two months later. Failure to submit a written request for Service Credit as provided in this Section 3.4.8 shall constitute a waiver of such Service Credit by Customer. Further, Service Credits shall not be issued if Customer is not current on all Fees due and payable. The remedy set forth in this Section 3.4.8 shall be the Customers’ sole and exclusive remedy with respect to ZOLL exceeding the Unplanned Downtime Goal. 3.4.9.Modifications. Changes to this Section 3.4 may be made from time to time at ZOLL’s sole discretion. Customer will be notified of any such changes that are material. 4.Implementation Services. ZOLL shall provide ASP Services implementation, training and any related services identified in an Order (the “Implementation Services”). Customer shall, in a timely manner and at its own expense, cooperate and provide or make available to ZOLL access to the Customer’s premises, systems, telephone, terminals and facsimile machines and all relevant information, documentation and staff reasonably required by ZOLL to enable ZOLL to perform the Implementation Services. Customer acknowledges that any time frames or dates for completion of the Implementation Services set out in an Order are estimates only and Page 224 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 8 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com the ability to meet them is influenced by a range of factors including, without limitation, response times and level of cooperation of Customer. Any obligations as to time are therefore on a “reasonable efforts” basis only and ZOLL shall not be liable for failure to meet time frames or completion dates unless solely due to ZOLL’s negligence. 5.Support Services. ZOLL shall provide the following Support Services for ASP Services without any additional Fees, except that ZOLL will have no obligation to provide such Support Services if any Fees for ASP Services are past due. 5.1.Support. 5.1.1.Emergency Support. ZOLL shall provide telephone support to Customer for 24 hours a day, 7 days a week, to address Errors that prevent Customer from using Supported ASP Services for a purpose for which Customer has an immediate and material need. “Supported ASP Services” means the ASP Services for which Customer has paid the then-current Fees. “Supported Environment” means a browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. “Error” means a reproducible defect in the Supported ASP Services when operated in accordance with the Documentation in a Supported Environment that causes the Supported ASP Services not to operate substantially in accordance with such Documentation. 5.1.2.Technical Support. ZOLL shall provide telephone support to Customer during 6 a.m. to 6 p.m. Eastern Time, Monday to Friday, excluding ZOLL holidays (“Business Hours”) to address all other Errors relating to any Supported ASP Services. Such telephone support will include (i) clarification of functions and features of the Supported ASP Services; (ii) clarification of the Documentation; (iii) guidance in operation of the Supported ASP Services; (iv) assistance in identifying and verifying the causes of suspected Errors in the Supported ASP Services; and (v) advice on bypassing identified Errors in the Supported ASP Services, if reasonably possible. Responses to such reporting shall be provided at a minimum within twenty-four (24) hours during Business Hours. 5.1.3.Resolution. ZOLL shall use commercially reasonable efforts to provide a modification or workaround to Supported ASP Services that resolves an Error in all material respects (“Resolution”). 5.1.4.Expenses. Support Services provided hereunder shall be provided from Chelmsford, Massachusetts or Broomfield, Colorado, as determined in ZOLL’s sole discretion. Should Customer request that ZOLL send personnel to Customer’s location to resolve any Error in the Supported ASP Services, ZOLL may charge Customer a fee of $2,500 for each day ZOLL personnel is at Customer’s location. 5.1.5.Exceptions. ZOLL shall have no responsibility under this Agreement to fix any Errors arising out of or related to the following causes: (a) Customer’s modification or combination of the Access Software (in whole or in part), (b) use of the Supported ASP Services in an environment other than a Supported Environment; or (c) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of media not furnished by ZOLL; excessive heating; fire and smoke damage; operation of the Supported ASP Services with other media and hardware, software or telecommunication interfaces; or causes other than ordinary use. Any corrections performed by ZOLL for such Errors shall be made, in ZOLL’s reasonable discretion, at ZOLL’s then-current time and material charges. ZOLL will provide the Support Services only for the most current release and the one immediately preceding major release of any Access Software. Notwithstanding anything to the contrary in the Agreement, (i) ZOLL may cease providing Support Services for any ASP Services upon at least six (6) months advance notice to Customer of such cessation and (ii) Support Services do not cover Third Party Products or Services (defined below). 5.2.Conditions and Limitations. Customer shall provide ZOLL with access to Customer’s personnel and its equipment. This access must include the ability to remotely access the equipment on which the Supported ASP Services are operating and to obtain the same access to the equipment as those of Customer’s employees having the highest privilege or clearance level. ZOLL will inform Customer of the specifications of the remote access methods available and associated software needed, and Customer will be responsible for the costs and use of said equipment. Fees for third party software and services are set by the owner of such software. 6.Warranties. 6.1.Implementation Services and Support Services. Subject to Customer’s payment of the Fees, ZOLL warrants that any Implementation Services or Support Services provided to Customer will be performed with due care in a professional and workmanlike manner. ZOLL shall, as its sole obligation and Customer’s sole and exclusive remedy for any breach of the warranty set forth in this Section 6.1, perform again the Implementation Services or Support Services that gave rise to the breach or, in the case of Implementation Services, at ZOLL’s option, refund the Fees for such Implementation Services paid by Customer for the Implementation Services which gave rise to the breach. The availability of any remedy for a breach of the warranty set forth in this Section 6.1 is conditioned upon Customer notifying ZOLL in writing of such breach within thirty (30) days following performance of the defective Implementation Services or Support Services, specifying the breach in reasonable detail. 6.2.ASP Services and Access Software. Subject to Customer’s payment of the Fees, ZOLL represents and warrants with respect to any ASP Services that (i) ZOLL has the right to license the Access Software and Documentation and make the ASP Services available to Customer pursuant to this Agreement and (ii) the ASP Services, when used as permitted and in accordance with the Documentation, will materially conform to the Documentation. ZOLL does not warrant that Customer’s use of the ASP Services will be error free or uninterrupted. Customer will notify ZOLL in writing of any breach of this warranty with respect to any ASP Services prior to the expiration or termination of the Order for such ASP Services. If ZOLL is unable to provide a correction or work-around pursuant to the terms governing the provision of the ASP Services after using commercially reasonable efforts, ZOLL may terminate such Order upon written notice to Customer. Any such correction or work-around shall not extend the term of such Order. This Section 6.2 sets forth Customer’s exclusive remedy, and ZOLL’s entire liability, for breach of the warranty for the ASP Services contained herein. 6.3.Warranty Disclaimers. The warranties for the Software and Services are solely and expressly as set forth in Section 6.1 and Section 6.2 and are expressly qualified, in their entirety, by this Section 6.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND SECTION 6.2, (A) THE SOFTWARE AND SERVICES ARE PROVIDED STRICTLY “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL; (B) ZOLL DOES NOT PROMISE THAT THE SOFTWARE OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THEY ARE SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, REGISTERED USERS OR ANY THIRD PARTY; AND (C) ZOLL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN TRADE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT, AND THAT NO WARRANTIES ARE MADE BY ANY OF ZOLL’S LICENSORS OR SUPPLIERS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Customer acknowledges and agrees that, in entering into this Agreement, it has not relied upon the future availability of any new or enhanced feature or functionality, or any new or enhanced product or service, including, without limitation, updates or upgrades to ZOLL’s existing products and services. ZOLL’s performance obligations hereunder are limited to those expressly enumerated herein, and payment for ZOLL’s performance obligations shall be due as described herein. 7.Confidentiality. Neither party will use any trade secrets, information, or other material, tangible or intangible, that relates to the business or technology of the other party and is marked or identified as confidential or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential Page 225 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 9 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com (“Confidential Information”) for any purpose not expressly permitted by this Agreement, and will further disclose the Confidential Information of the party disclosing it (“Disclosing Party”) only to the employees or contractors of the party receiving it (“Receiving Party”) who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The ASP Services, Software and Documentation shall be ZOLL’s Confidential Information (including without limitation any routines, subroutines, directories, tools, programs, or any other technology included in the Software), notwithstanding any failure to mark or identify it as such. The Receiving Party’s obligations under this Section 7 with respect to any Confidential Information of the Disclosing Party will terminate when and to the extent the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or use of, Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (ii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such disclosure. 8.Indemnification. 8.1.By ZOLL. ZOLL will defend, at its own expense, any action against Customer or its or any of its agents, officers, director, or employees (“Customer Parties”) brought by a third party alleging that any Software or Services infringe any U.S. patents or any copyrights or misappropriate any trade secrets of a third party, and ZOLL will pay those costs and damages finally awarded against the Customer Parties in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Customer: (a) notifying ZOLL promptly in writing of such claim or action; (b) giving ZOLL sole control of the defense thereof and any related settlement negotiations; and (c) cooperating with ZOLL and, at ZOLL’s request and expense, assisting in such defense. If any of the Software or Services become, or in ZOLL’s opinion is likely to become, the subject of an infringement claim, ZOLL may, at its sole option and expense, either: (i) procure for Customer the right to continue using such Software or Services; (ii) modify or replace such Software or Services with substantially similar software or services so that such Software or Services becomes non-infringing; or (iii) terminate this Agreement, in whole or in part. Notwithstanding the foregoing, ZOLL will have no obligation under this Section 8.1 or otherwise with respect to any infringement claim based upon: (1) use of any of the Software or Services not in accordance with this Agreement; (2) any use of any Software or Services in combination with products equipment, software, services or data not supplied by ZOLL if such infringement would have been avoided but for the combination with other products, equipment, software, services or data; (3) the failure of Customer to implement any replacements, corrections or modifications made available by ZOLL for any Software or Services including, but not limited to, any use of any release of the Software other than the most current release made commercially available by ZOLL; (4) any Customer Content; or (5) any modification of any Software or Services or use thereof by any person other than ZOLL or its authorized agents or subcontractors. This Section 8 states ZOLL’s entire liability and the exclusive remedy for any claims of infringement. 8.2.By Customer. Customer shall indemnify, defend and hold ZOLL and its agents, officers, directors and employees (the “ZOLL Parties”) harmless from and against any and all liabilities, losses, expenses, damages and claims (collectively, “Claims”) that arise out of the following except to the extent the Claims are due to the gross negligence, intentional misconduct or breach of this Agreement by the ZOLL Parties: (i) information provided to any of the ZOLL Parties by any of the Customer Parties; (ii) any of the Customer Parties’ use or misuse of any of the Software or Services, including without limitation in combination with Customer’s software or services or third party software or services; (iii) any modifications made by any of the Customer Parties to any of the Software or Services; (iv) infringement by any of the Customer Parties of any third party intellectual property right; (v) Taxes (other than taxes based on ZOLL’s net income) and any related penalties and interest, arising from the payment of the Fees or the delivery of the Software and Services to Customer; and (ix) any violation of laws or regulations, including without limitation applicable export and import control laws and regulations in the use of any of the Software or Services, by any of the Customer Parties. 9.Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL ZOLL OR ITS AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, OR ANY OF THEIR OFFICERS OR DIRECTORS, BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY, FOR: (i) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), (ii) LOSS OF PROFIT, DATA, BUSINESS OR GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (iii) ANY LOSSES, COSTS OR DAMAGES ASSOCIATED WITH CUSTOMER’S PRODUCTS OR OTHER ELEMENTS INCORPORATED OR USED THEREWITH WHICH WERE NOT PROVIDED BY ZOLL OR WITH RESPECT TO ANY MODIFICATIONS MADE TO THE SOFTWARE OR SERVICES OR MISUSE OF THE SOFTWARE OR SERVICES. ZOLL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO ZOLL BY CUSTOMER FOR THE SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. Customer acknowledges that these limitations reflect the allocation of risk set forth in this Agreement and that ZOLL would not enter into this Agreement without these limitations on its liability. Customer agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The remedies in this Agreement are Customer’s sole and exclusive remedies. In addition, ZOLL disclaims all liability of any kind of ZOLL’s licensors and suppliers, for third party products or services, and for the actions or omissions of Customer’s representatives. 10.Ownership. All right, title and interest, including but not limited to all existing or future copyrights, trademarks, service marks, trade secrets, patents, patent applications, know how, moral rights, contract rights, and proprietary rights, and all registrations, applications, renewals, extensions, and combinations of the foregoing, in and to the following are the exclusive property of ZOLL (or, as the case may be, its subsidiaries, licensors and suppliers): (i) ASP Services, Software, Documentation, and all proprietary technology used by ZOLL to perform its obligations under this Agreement; (ii) all software, tools, routines, programs, designs, technology, ideas, know-how, processes, techniques and inventions that ZOLL makes, develops, conceives or reduces to practice, whether alone or jointly with others, in the course of performing the Services; (iii) the fully compiled version of any of the foregoing software programs that can be executed by a computer and used without further compilation (the “Executable Code”); (iv) the human readable version of any of the foregoing software programs that can be compiled into Executable Code (the “Source Code”); and (v) all enhancements, modifications, improvements and derivative works of each and any of the foregoing (the “ZOLL Property”). If any derivative work is created by Customer from the Software or Services, ZOLL shall own all right, title and interest in and to such derivative work. Any rights not expressly granted to Customer hereunder are reserved by ZOLL (or its licensors and suppliers, as the case may be). 11.Term and Termination. Page 226 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 10 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 11.1.Term. The term of this Agreement (“Term”) begins on the effective date of the first Order incorporating this Agreement and continues until it is terminated. The term of each Order begins on the effective date of such Order and continues until it expires or is terminated; provided, however, that such term (and any extension thereof) shall automatically renew for an equivalent period at ZOLL’s then current list pricing unless either party notifies the other party in writing of an intent to not renew such term at least ninety (90) days prior to the expiration of such term. “Implementation Date” for any ASP Services means the earlier of (a) the date upon which the activation of such ASP Services is complete and such ASP Services are able to function as described in the warranty for such ASP Services, regardless of whether Customer uses such ASP Services or (b) one hundred eighty (180) days following the shipment of the monitor/defibrillators in connection with which such ASP Services are to be used, unless a delay in the activation of such ASP Services is caused by ZOLL, in which case the Implementation Date shall be postponed by a number of days equal to the delay that ZOLL has caused; or (c) if Customer does not use Implementation Services to activate such ASP Services, the date of the Order for such ASP Services. 11.2.Termination. Either party may terminate this Agreement or any Order without cause on thirty (30) days’ prior written notice to the other party. Either party may terminate this Agreement or any Order if the other party materially defaults in the performance of any of its obligations hereunder and fails to cure such default within twenty (20) days after written notice from the non-defaulting party. 11.3.Effects of Termination. Upon expiration or termination of this Agreement or any Order for any reason: (a) all amounts, if any, owed to ZOLL under this Agreement or the Order that has expired or been terminated (the “Expired or Terminated Document”) before such termination or expiration will become immediately due and payable; (b) Customer’s right to access the ASP Services, and all licensed rights granted, in the Expired or Terminated Document will immediately terminate and cease to exist; and (c) Customer must (i) promptly discontinue all use of any ASP Services provided under the Expired or Terminated Document (ii) erase all copies of Access Software from Customer’s computers and the computers of its customers and return to ZOLL or destroy all copies of such Access Software and related Documentation on tangible media in Customer’s possession and (iii) return or destroy all copies of the Documentation in Customer’s possession or control; (d) each party shall promptly discontinue all use of the other party’s Confidential Information disclosed in connection with the Expired or Terminated Document and return to the other party or, at the other party’s option, destroy, all copies of any such Confidential Information in tangible or electronic form. Additionally, if any Order for ASP Services is terminated by ZOLL for a material default or by Customer without cause, then Customer immediately shall pay ZOLL an early termination fee equal to the amount of (x) the Fees for such ASP Services otherwise payable during the initial term of such Order had such Order not been terminated during such term minus (y) the sum of such Fees paid by Customer to ZOLL prior to the date of termination. Upon ZOLL’s request, Customer will provide a written certification (in a form acceptable to ZOLL), certifying as to Customer’s compliance with its post-termination obligations set forth in this Section 11.3. 12.General Provisions. 12.1.Compliance with Laws. Customer shall comply with all applicable laws and regulations, and obtain required authorizations, concerning its use of the ASP Services, including without limitation if applicable all export and import control laws and regulations. Customer will not use any ASP Services for any purpose in violation of any applicable laws. ZOLL may suspend performance if Customer violated applicable laws or regulations. 12.2.Audits and Inspections. Upon written request from ZOLL, Customer shall furnish ZOLL with a certificate signed by an officer of Customer stating that the ASP Services are being used strictly in accordance with the terms and conditions of this Agreement. During the Term and for a period of six months following the termination or expiration of this Agreement, upon prior written notice, ZOLL will have the right, during normal business hours, to inspect, or have an independent audit firm inspect, Customer’s records relating to Customer’s use of the ASP Services to ensure it is in compliance with the terms of this Agreement. The costs of the audit will be paid by ZOLL, unless the audit reveals that Customer’s underpayment of Fees exceeds five percent. Customer will promptly pay to ZOLL any amounts shown by any such audit to be owing (which shall be calculated at ZOLL’s standard, non-discounted rates) plus interest as provided in Section 2 above. 12.3.Assignments. Customer may not assign or transfer, by operation of law or otherwise (including in connection with a sale of substantially all assets or equity, merger or other change in control transaction), any of its rights under this Agreement or any Order to any third party without ZOLL’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. ZOLL shall have the right to assign this Agreement or any Order to any affiliate, or to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise, and to contract with any third party to provide part of any of the Software and Services, and to delegate performance of this Agreement or any Order to any of its subsidiaries. 12.4.U.S. Government End Users. If Customer is a branch or agency of the United States Government, the following provision applies. The Software and Documentation are composed of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202 1 (JUN 1995) and 227.7202 3 (JUN 1995). 12.5.Notices. All notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail, courier, electronic facsimile, or certified or registered mail (postage prepaid and return receipt requested) to the other party at the address set forth in the most recent Order (or to such other address or person as from time to time provided by such party in accordance with this Section 12.5), and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. 12.6.Governing Law and Venue; Waiver of Jury Trial. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement shall be brought in a federal or state court in the State of Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. 12.7.Remedies. Except as otherwise expressly provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative. Customer acknowledges that the Software and Services are built on valuable trade secrets and proprietary information of ZOLL, that any actual or threatened breach hereof will constitute immediate, irreparable harm to ZOLL for which monetary damages would be an inadequate remedy, and that ZOLL will be entitled to injunctive relief for such breach or threatened breach. Customer further agrees to waive and hereby waives any requirement for the security or the posting of any bond in connection with such remedies. Such remedies shall not be considered to be the exclusive remedies for any such breach or threatened breach, but shall be in addition to all other remedies available at law or equity to ZOLL. 12.8.Waivers. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 12.9.Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force Page 227 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 11 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com and effect. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 12.10.Independent Contractors. The parties are entering into, and will perform, this Agreement as independent contractors. Nothing in this Agreement will be construed to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract or assume any obligation on behalf of the other or to establish a partnership, franchise or joint venture between the parties. 12.11.Third Parties. Customer is solely responsible for, and none of the fees set forth herein shall be deemed to cover, any amounts owed to third parties in connection with the use of the ASP Services. If Customer engages a third-party provider (“Third Party Provider”) to deliver products or services, including without limitation software, integrated into or receiving data from or accessing the ASP Services (“Third Party Products or Services”), Customer represents, warrants and agrees that: (i) ZOLL shall have no liability, and makes no representation, with respect to such Third Party Products or Services; and (ii) the Third Party Provider shall not be an agent of ZOLL. To the extent the ASP Services or Software contains software owned by a third party for which ZOLL has a license agreement with a third party, the ASP Services and Software and all rights granted hereunder are expressly limited by and subject to any license agreements ZOLL may have for such software. 12.12.Force Majeure. Neither party shall be liable for damages for any delay or failure of performance hereunder (other than payment obligation) arising out of causes beyond such party’s reasonable control and without such party’s fault or negligence, including, but not limited to, failure of its suppliers to timely deliver acceptable parts or services, any act or omission of Customer that interferes with or impedes ZOLL’s performance hereunder, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures (a “Force Majeure Event”). 12.13.Entire Agreement; Amendment; No Third Party Beneficiaries; Survival. This Agreement, which may be accepted by performance, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral, except agreements at zollonline.com. Any other representation or agreement, whether written or oral, including but not limited to any purchase order issued by Customer, shall be wholly inapplicable to the Software and Services and shall not be binding in any way on ZOLL. This Agreement may not be amended or changed or any provision hereof waived except in writing signed by both parties. Any different or additional terms in any purchase order, confirmation or similar form issued or otherwise provided by Customer but not signed by an authorized representative of ZOLL shall have no force or effect. There are no third party beneficiaries of this Agreement. Those provisions of this Agreement that may be reasonably interpreted as surviving termination of this Agreement or the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the termination hereof including, but not limited to, Section 7 (Confidentiality), Section 8 (Indemnification), Section 9 (Limitation on Liability), Section 10 (Ownership), Section 11.3 (Effects of Termination) and Section 12 (General Provisions). This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. 13.HIPAA. This Section 13 applies if and to the extent that ZOLL creates, receives, maintains or transmits, directly or indirectly, any protected health information of Customer (“PHI”) in the course of providing Software or Services to Customer. Capitalized terms used but not defined in this Section 13 have the meanings assigned to them elsewhere in the Agreement or, if not defined therein, as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C. Section 1320d, et seq., and regulations promulgated thereunder, as amended from time to time (such statute and regulations collectively referred to as “HIPAA”). “Covered Entity” as used herein means Customer. “Business Associate” as used herein means ZOLL. The purpose of this Section 13 is to comply with 45 C.F.R. §164.502(e) and §164.504(e), governing PHI and business associates under HIPAA 13.1.Applicability. This Section 13 applies if and to the extent that Business Associate creates, receives, maintains or transmits, directly or indirectly, any PHI in the course of providing Software or Services to Covered Entity. 13.2.Compliance and Agents. Business Associate agrees that, to the extent it has access to PHI, Business Associate will fully comply with the requirements of this Section 13 with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business Associate to whom it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same restrictions and conditions as set forth herein. 13.3.Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this Agreement, and in compliance with each applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose the PHI received or created by it, (a) to perform its obligations under this Agreement, (b) to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, or (c) to provide data aggregation functions to Covered Entity as permitted by HIPAA. Further, Business Associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly manage and administer its business or to carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate to properly manage and administer its business or to carry out its legal responsibilities if: (a) the disclosure is required by law, or (b) the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity. 13.4.Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards, as required in 45 C.F.R. §§164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this Agreement. 13.5.Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to accomplish the intended purpose of the use, disclosure, or request. 13.6.Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware concerning any use or disclosure of PHI that is not permitted by this Agreement and any security incident of which it becomes aware. Business Associate will, following the discovery of a breach of “unsecured protected health information,” as defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Agreement. 13.7.Individual Access. In accordance with an individual’s right to access to his or her own PHI in a designated record set under 45 CFR §164.524 and the individual’s right to copy or amend such records under 45 CFR §164.524 and §164.526, Business Associate shall make available all PHI in a designated record set to Covered Entity to enable the Covered Entity to provide access to the individual to whom that information pertains or such individual’s representative. Page 228 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 12 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 13.8.Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall incorporate any amendments to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed to by the parties. 13.9.Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to an individual’s request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business Associate agrees to make available to Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of disclosures as set forth in 45 CFR §164.528. 13.10.DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services (“DHHS”), its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity for purposes of determining the Covered Entity’s compliance with HIPAA. 13.11.Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any restriction to the use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or other permission by an individual, to the extent that such limitation, restriction, change, or revocation may affect Business Associate’s use or disclosure of PHI. 13.12.HITECH Act Compliance. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), including all privacy and security regulations issued under the HITECH Act that apply to Business Associate. 13.13.Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under this Section 13, Covered Entity and Business Associate shall take any steps reasonably necessary to cure such breach and make Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this Agreement. Business Associate shall take reasonable actions available to it to mitigate any detrimental effects of such violation or failure to comply. 13.14.Return of PHI. Business Associate agrees that upon termination of this Agreement, and if feasible, Business Associate shall (a) return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate has continued to maintain in any form or manner and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the reasons return or destruction are not feasible, and extend indefinitely the protection of this Section 13 to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the PHI not feasible. 13.15.De-identified Health Information. Business Associate may de-identify any and all PHI and may create a “Limited Data Set” in accordance with 45 C.F.R. § 164.514(b) & (e). Covered Entity acknowledges and agrees that de-identified information is not PHI and that Business Associate may use such de-identified information for any lawful purpose. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e). 13.16.Survival. All representations, covenants, and agreements in or under this Section 13 shall survive the execution, delivery, and performance of this Agreement. 13.17.Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from time to time be reasonably requested by the other party to carry out the purpose and intent of this Section 13. The terms and conditions of this Section 13 will override and control any expressly conflicting term or condition of the Agreement. All non-conflicting terms and conditions of the Agreement shall remain in full force and effect. Any ambiguity shall be resolved in a manner that will permit Covered Entity to comply with HIPAA. For the avoidance of doubt, a limitation on liability in the Agreement does not conflict with this Section 13. 13.18.Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing HIPAA may be issued after the date of the execution of this Agreement and may affect the parties’ obligations hereunder. The parties agree to take such action as is necessary to amend this Agreement from time in order as is necessary for Covered Entity to comply with HIPAA. By signing below, the Customer acknowledges and agrees to those terms and conditions. The person signing below represents and warrants that she or he has the authority to bind the Customer to those terms and conditions. Customer Signature: _________________________________________________ Name: ___________________________________________ Title: ____________________________________________ Company: ________________________________________ Company Address: _________________________________ Date: ____________________________________________ Page 229 Town of Highland Beach Fire Rescue Quote No: Q-57507 Version: 1 v.4 – 2021-08-26 Page 13 of 13 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Page 230 Price List ZOLL Medical Corporation Prepared For: PSAI/SAVVIK Contract No. PSAI 2021-06 eff. 05/15/2023 Page 231 Contract No. PSAI 2021-06 Your PriceList_Price Autopulse AutoPulse Autopulse Platform 8700-000902-01 17,399.90APAUTOPULSE STARTER KIT - MILITARY 17,755.00 8700-0730-01 13,124.16APAutoPulse System with Pass Thru 13,392.00 Cardiac Science Cardiac Science G5 Automatic G5A-80C-S 2,365.60CSCG5 FULLY AUTO WITH ICPR, DUAL LANGUAGE AED BUNDLE 2,957.00 G5 Semi-Automatic G5S-80C-S 2,365.60CSCG5 SEMI AUTO WITH ICPR, DUAL LANGUAGE AED BUNDLE 2,957.00 Defibrillator AED Plus Automatic 21400710702011010 1,900.60AED_PLUSFully Automatic AED Plus with AED Cover 2,795.00 22300700701011010 1,900.60AED_PLUSFully Automatic AED Plus with Graphical Cover 2,795.00 22300700702011010 1,900.60AED_PLUSFully Automatic AED Plus with AED Public Access Cover 2,795.00 Semi-Automatic 20100000101011010 1,900.60AED_PLUSAED Plus with Graphical Cover 2,795.00 20100000102011010 1,900.60AED_PLUSAED Plus with AED Cover 2,795.00 20100000302011010 1,900.60AED_PLUSAED Plus with Professional Interface (No Circle of Icons) 2,795.00 20100001101011010 1,900.60AED_PLUSAED Plus with Voice Recording and Graphical Cover 2,795.00 20100001102011010 1,900.60AED_PLUSAED Plus with Voice Recording and AED Cover 2,795.00 20100001302011010 1,900.60AED_PLUSAED Plus with Voice Recording and Professional Interface (No Circle of Icons) 2,795.00 20100010102011320 2,056.32AED_PLUSZOLL AED PLUS, PS SERIES, LCD, NO VOICE RCDG, W/BATTERIES, FED GOVT VALUE PKG 3,024.00 20500000102011010 1,900.60AED_PLUSAED Plus with AED Cover and Police Carry Case 2,795.00 20500001102011010 1,968.60AED_PLUSAED Plus with Voice Recording, AED Cover, and Police Carry Case 2,895.00 20600000101011010 1,900.60AED_PLUSAED Plus and Small Pelican Case 2,795.00 20600001101011010 1,968.60AED_PLUSAED Plus with Voice Recording and Small Pelican Case 2,895.00 20700000101011010 1,900.60AED_PLUSAED Plus and Large Pelican Case 2,795.00 20700001101011010 1,942.76AED_PLUSAED Plus with Voice Recording and Large Pelican Case 2,857.00 AED Pro Manual 90110600499991010 3,604.00AED_PROAED PRO Manual Only 5,300.00 Semi-Automatic 90110400499991010 3,536.00AED_PROAED PRO Semi-Auto Only 5,200.00 Page 2 of 275/15/2023 Page 232 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator AED Pro Semi-Automatic and Manual 90110200499991010 3,536.00AED_PROAED PRO Semi-Auto/Manual 5,200.00 90110200499991300 3,856.28AED_PROAED PRO, SEMI AUTO W/MNL OVERRIDE, NO VOICE, AW 5,671.00 93010340499991010 3,604.00AED_PROAED PRO, SEMI-AUTO/MANUAL, (1 CPR-D PAD), CARRY CASE 5,300.00 AED3 Automatic 8511-001102-01 3,139.20AED3ZOLL AED 3 Fully Automatic Package with PlusRX Including: Product Documentation, CPR Uni-padz, PlusRX Medical Prescription, and Battery Pack 3,924.00 Semi-Automatic 8511-001101-01 3,139.20AED3ZOLL AED 3 Semi-automatic Package with PlusRX Including: Product Documentation, CPR Uni-padz, PlusRX Medical Prescription, and Battery Pack 3,924.00 AED3 BLS BLS - Basic Life Support 8502-001103-01 4,014.40AED3ZOLL AED 3 BLS EMS/FIRE Package including: Product Documentation, Carry Case, CPR Stat padz, pedi padz II and Battery pack 5,018.00 8503-001103-01 3,694.40AED3ZOLL AED 3 BLS Hospital package including: Product Documentation and Battery Pack 4,618.00 8513-001103-01 3,139.20AED3ZOLL AED 3 BLS ALT Care Package with PlusRX including: Product Documentation, CPR Stat padz, PlusRX Medial Prescription and Battery Pack. 3,924.00 X Series ALS - Advanced Life Support 601-0120001-01 17,246.24XSERIESX Series Monitor/Defibrillator - SpO2, CPR Expansion Pack 21,032.00 601-0121011-01 25,478.22XSERIESX Series Monitor/Defibrillator - NIBP, SpO2, EtCO2, CPR Expansion Pack 31,071.00 601-0121511-01 29,109.18XSERIESX Series Monitor/Defibrillator - NIBP, SpO2, EtCO2, IBP/Temp, CPR Expansion Pack 35,499.00 601-0131011-01 28,139.94XSERIESX Series Monitor/Defibrillator - NIBP, SpO2, SpCO, EtCO2, CPR Expansion Pack 34,317.00 601-0140011-01 25,579.90XSERIESX Series Monitor/Defibrillator - NIBP, SpO2, SpCO, SpMet, CPR Expansion Pack 31,195.00 601-0220010-01 22,142.46XSERIESX Series Monitor/Defibrillator - Pacing, NIBP, SpO2 27,003.00 601-0220011-01 23,106.78XSERIESX Series Monitor/Defibrillator - Pacing, NIBP, SpO2, CPR Expansion Pack 28,179.00 601-0221010-01 26,985.38XSERIESX Series Monitor/Defibrillator - Pacing, NIBP, SpO2, EtCO2 32,909.00 601-0221011-01 28,789.38XSERIESX Series Monitor/Defibrillator - Pacing, NIBP, SpO2, EtCO2, CPR Expansion Pack 35,109.00 601-0221511-01 31,582.30XSERIESX Series Monitor/Defibrillator with Pacing, NIBP, SpO2, IBP/Temp, CPR Expansion Pack and EtCO2 38,515.00 601-0230011-01 25,769.32XSERIESX Series Monitor/Defibrillator with Pacing, NIBP, SpO2, SpCO, and CPR Expansion Pack 31,426.00 601-0231011-01 30,612.24XSERIESX Series Monitor/Defibrillator with Pacing, NIBP, SpO2, SpCO, CPR Expansion Pack and EtCO2 37,332.00 601-0240011-01 28,052.20XSERIESX Series Monitor/Defibrillator with Pacing, NIBP, SpO2, SpCO, SPMet and CPR Expansion Pack 34,210.00 Page 3 of 275/15/2023 Page 233 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator X Series ALS - Advanced Life Support 601-0241011-01 32,895.94XSERIESX Series Monitor/Defibrillator with Pacing, NIBP, SpO2, SpCO, SPMet, CPR Expansion Pack and EtCO2 40,117.00 601-2120011-01 29,693.02XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, NIBP, SpO2 and CPR Expansion Pack 36,211.00 601-2121011-01 34,681.08XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, NIBP, SpO2, EtCO2 and CPR Expansion Pack 42,294.00 601-2130011-01 32,434.28XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, NIBP, SpO2, SpCO and CPR Expansion Pack 39,554.00 601-2130411-01 33,428.94XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, NIBP, SpO2, SpCO, Temp and CPR Expansion Pack 40,767.00 601-2131011-01 37,423.98XSERIESX SERIES, MONITOR/DEFIBRILLATOR, 12 LD W/ INTERP, ECG, NIBP, SPO2, SPCO, CPR EXPANSION PACK, ETCO2, DMST 45,639.00 601-2220010-01 31,246.10XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, and SpO2 38,105.00 601-2220011-01 32,239.12XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, SpO2 and CPR Expansion Pack 39,316.00 601-2220411-01 33,233.78XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, SpO2, Temp and CPR Expansion Pack 40,529.00 601-2220511-01 35,979.96XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, SpO2, IBP/Temp and CPR Expansion Pack 43,878.00 601-2221010-01 36,234.16XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, SpO2 and EtCO2 44,188.00 601-2221011-01 37,228.82XSERIESX Series Monitor/Defibrillator with 12-Lead ECG, Pacing, NIBP, SpO2, CPR Expansion Pack and EtCO2 45,401.00 601-2221411-01 38,221.84XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, EtCO2, Temp, CPR Expansion Pack 46,612.00 601-2221511-01 40,968.84XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, EtCO2, IBP/Temp, CPR Expansion Pack 49,962.00 601-2230011-01 34,981.20XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, CPR Expansion Pack 42,660.00 601-2230411-01 35,975.04XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, Temp, CPR Expansion Pack 43,872.00 601-2230511-01 38,721.22XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, IBP/Temp, CPR Expansion Pack 47,221.00 601-2231001-01 36,479.34XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, CPR Expansion Pack 44,487.00 601-2231011-01 39,970.08XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, CPR Expansion Pack 48,744.00 601-2231411-01 40,963.92XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, Temp, CPR Expansion Pack 49,956.00 601-2231511-01 43,710.10XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, IBP/Temp, CPR Expansion Pack 53,305.00 601-2240010-01 36,339.12XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet 44,316.00 601-2240011-01 37,333.78XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, CPR Expansion Pack 45,529.00 601-2240511-01 41,073.80XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, IBP/Temp, CPR Expansion Pack 50,090.00 601-2241010-01 41,328.82XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, EtCO2 50,401.00 601-2241011-01 42,321.84XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, EtCO2, CPR Expansion Pack 51,612.00 601-2241411-01 43,315.68XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, EtCO2, Temp, CPR Expansion Pack 52,824.00 601-2241511-01 46,062.68XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, EtCO2, IBP/Temp, CPR Expansion Pack 56,174.00 Page 4 of 275/15/2023 Page 234 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator X Series ALS - Advanced Life Support 601-2261511-01 48,693.24XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SpHb, SpOC, PVI & PI,(Rainbow), EtCO2, IBP/Temp CPR Expansion Pack 59,382.00 601-2271011-01 47,305.80XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SpMet, SpHb, SpOC, PVI & PI,(Rainbow), EtCO2, CPR Expansion Pack 57,690.00 601-2271511-01 51,046.64XSERIESX Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, SPMet, SpHb, SPOC, PVI & PI, (Rainbow), EtCO2, IBP/Temp, CPR Expansion Pack 62,252.00 X Series Advanced 601-0120111-01 24,996.88XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, BVM, NIBP, CPR Expansion Pack 30,484.00 601-0120112-01 24,996.88XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, BVM, NIBP, CPR Expansion Pack, Remote View 30,484.00 601-0121111-01 29,840.62XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, EtCO2, BVM, NIBP, CPR Expansion Pack 36,391.00 601-0121112-01 29,840.62XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 36,391.00 601-0130111-01 27,659.42XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, BVM, NIBP, CPR Expansion Pack 33,731.00 601-0130112-01 27,659.42XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, BVM, NIBP, CPR Expansion Pack, Remote View 33,731.00 601-0131111-01 32,502.34XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack 39,637.00 601-0131112-01 32,502.34XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 39,637.00 601-0140111-01 29,942.30XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, SpMet, BVM, NIBP, CPR Expansion Pack 36,515.00 601-0140112-01 29,942.30XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, SpO2, SpCO, SpMet, BVM, NIBP, CPR Expansion Pack, Remote View 36,515.00 601-0220101-01 24,080.94XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, Pacing, SpO2, BVM, CPR Expansion Pack 29,367.00 601-0220102-01 24,080.94XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, Pacing, SpO2, BVM, CPR Expansion Pack, Remote View 29,367.00 601-0220111-01 27,470.00XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, Pacing, SpO2, BVM, NIBP, CPR Expansion Pack 33,500.00 601-0220112-01 27,470.00XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, Pacing, SpO2, BVM, NIBP, CPR Expansion Pack, Remote View 33,500.00 601-0221111-01 32,313.74XSERIESX Series Advanced Monitor/Defibrillator - 3/5 Lead ECG, Pacing, SpO2, EtCO2, BVM, NIBP, CPR Expansion Pack 39,407.00 601-0221112-01 32,313.74XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 3/5 LEAD, PACE, SPO2, ETCO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 39,407.00 601-0230111-01 30,131.72XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 3/5 LEAD, PACE, SPO2, SPCO, BVM, NIBP, CPR EXPANSION PACK, US 36,746.00 601-0230112-01 30,131.72XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 3/5 LEAD, PACE, SPO2, SPCO, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 36,746.00 601-0231111-01 34,974.64XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 3/5 LEAD, PACE, SPO2, SPCO, ETCO2, BVM, NIBP, CPR EXPANSION PACK, US 42,652.00 601-0231112-01 34,974.64XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 3/5 LEAD, PACE, SPO2, SPCO, ETCO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 42,652.00 Page 5 of 275/15/2023 Page 235 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator X Series X Series Advanced 601-2120111-01 33,190.32XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, BVM, NIBP, CPR EXPANSION PACK, US 40,476.00 601-2120112-01 33,190.32XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 40,476.00 601-2120211-01 34,156.28XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, US 41,654.00 601-2120212-01 34,156.28XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 41,654.00 601-2121101-01 34,645.00XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, ETCO2, BVM, CPR EXPANSION PACK, US 42,250.00 601-2121102-01 34,645.00XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, ETCO2, BVM, CPR EXPANSION PACK, REMOTE VIEW, US 42,250.00 601-2121111-01 38,034.88XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, ETCO2, BVM, NIBP, CPR EXPANSION PACK, US 46,384.00 601-2121211-01 38,999.20XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, ETCO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, US 47,560.00 601-2121212-01 38,999.20XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, ETCO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 47,560.00 601-2130111-01 35,852.86XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, BVM, NIBP, CPR EXPANSION PACK, US 43,723.00 601-2130112-01 35,852.86XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 43,723.00 601-2130211-01 36,817.18XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, BVM, TEMP, NIBP, CPR EXPANSION PACK, US 44,899.00 601-2130212-01 36,817.18XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, BVM, TEMP, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 44,899.00 601-2131111-01 40,695.78XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, ETCO2, BVM, NIBP, CPR EXPANSION PACK, US 49,629.00 601-2131112-01 40,695.78XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, SPO2, SPCO, ETCO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 49,629.00 601-2220111-01 35,663.44XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, BVM, NIBP, CPR EXPANSION PACK, US 43,492.00 601-2220112-01 35,663.44XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 43,492.00 601-2220211-01 36,628.58XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, US 44,669.00 601-2220212-01 36,628.58XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 44,669.00 601-2221101-01 37,118.12XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, ETCO2, BVM, CPR EXPANSION PACK, US 45,266.00 Page 6 of 275/15/2023 Page 236 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator X Series X Series Advanced 601-2221102-01 37,118.12XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, ETCO2, BVM, CPR EXPANSION PACK, REMOTE VIEW, US 45,266.00 601-2221111-01 40,507.18XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, ETCO2, NIBP, SPO2, BVM, CPR EXPANSION PACK, US 49,399.00 601-2221112-01 40,507.18XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, SPO2, ETCO2, BVM, NIBP, CPR EXPANSION PACK, REMOTE VIEW, US 49,399.00 601-2221211-01 41,471.50XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD W/INTERP, PACE, ETCO2, NIBP, SPO2, BVM/TEMP, CPR EXPANSION PACK, US 50,575.00 601-2221212-01 41,471.50XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack, Remote View 50,575.00 601-2230111-01 38,325.16XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, BVM, NIBP, CPR Expansion Pack 46,738.00 601-2230112-01 38,325.16XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, BVM, NIBP, CPR Expansion Pack, Remote View 46,738.00 601-2231101-01 39,779.84XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, CPR Expansion Pack 48,512.00 601-2231102-01 39,779.84XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, CPR Expansion Pack, Remote View 48,512.00 601-2231111-01 43,168.08XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack 52,644.00 601-2231112-01 43,168.08XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 52,644.00 601-2231211-01 44,133.22XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack 53,821.00 601-2231212-01 44,133.22XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack, Remote View 53,821.00 601-2241111-01 45,452.60XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, EtCO2, BVM, NIBP, CPR Expansion Pack 55,430.00 601-2241112-01 45,452.60XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 55,430.00 601-2241211-01 46,416.92XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack 56,606.00 601-2241212-01 46,416.92XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack, Remote View 56,606.00 601-2261111-01 48,006.90XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SPHB, SPOC, PVI, PI, EtCO2, BVM, NIBP, CPR Expansion Pack 58,545.00 601-2261112-01 48,006.90XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SPHB, SPOC, PVI, PI, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 58,545.00 601-2271111-01 50,290.60XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, SPHB, SPOC, PVI, PI, EtCO2, BVM, NIBP, CPR Expansion Pack 61,330.00 Page 7 of 275/15/2023 Page 237 Contract No. PSAI 2021-06 Your PriceList_Price Defibrillator X Series X Series Advanced 601-2271112-01 50,290.60XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, SPHB, SPOC, PVI, PI, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View 61,330.00 601-2271211-01 51,254.92XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, SpMet, SPHB, SPOC, PVI, PI, EtCO2, BVM, Temp, NIBP, CPR Expansion Pack 62,506.00 601-2421211-01 43,212.36XSERIESX SERIES ADVANCED, MONITOR/DEFIBRILLATOR, 12 LEAD/W INTERP, PACE, AUDIO, SPO2, ETCO2, BVM, TEMP, NIBP, CPR EXPANSION PACK, US 52,698.00 601-2431111-01 44,908.94XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP, Audio, CPR Expansion Pack 54,767.00 601-2431112-01 44,908.94XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP, Audio, CPR Expansion Pack, Remote View 54,767.00 601-2431211-01 45,873.26XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, Temp, NIBP, Audio, CPR Expansion Pack 55,943.00 601-2431212-01 45,873.26XSERIESX Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, Temp, NIBP, Audio, CPR Expansion Pack, Remote View 55,943.00 IPR Therapy IPR Therapy ResQCPR 12-0823-000 1,347.50IPRResQPUMP ACD-CPD Device - Allows the user to perform active compression decompression CVPR (ACD-CPR) with up to 10 kg lift; replacment component of the ResQCPR System. 1,375.00 12-0825-000 1,623.86IPRResQCPR System - Increases the liklihood of survival in adult, non-traumatic carrdiac arrest; includes one (1) ResQPUMP ACD-CPR Device, and two (2) ResQPOD ITD 16's. 1,657.00 Ventilators and Aspirators Ventilator 731 Ventilators 8660-001400-01 10,653.30VENT731ZVent Portable Ventilator, Basic 15,219.00 8660-001401-01 14,916.30VENT731ZVent Portable Ventilator 21,309.00 8660-001401-01-68 11,820.00VENT731VENTILATOR, COMMERCIAL, ZVENT, NOT FOR CLINICAL USE 11,820.00 8660-001402-01 15,513.40VENT731MRI Compatible ZVent Portable Ventilator 22,162.00 8660-001403-01 14,896.00VENT731VENTILATOR, COMMERCIAL, SW, WITHOUT PULSE OX PROBES 21,280.00 Accessories AutoPulse Miscellaneous Page 8 of 275/15/2023 Page 238 Contract No. PSAI 2021-06 Your PriceList_Price Accessories AutoPulse Miscellaneous 8700-0708-01 17.64APAutoPulse Grip Strips, adhesive backed strips designed to provide a high-friction contact between the AutoPulse Platform and a backboard. Semi-permanent adhesive. (1 set) 18.00 8700-0709-01 72.52APAutoPulse Shoulder Restraint 74.00 8700-0710-01 66.64APAutoPulse Head Immobilizer 68.00 8700-0711-01 83.30APAutoPulse Backboard Cable Ties, Package of 25 ties 85.00 8700-0712-01 153.86APAutoPulse Soft Stretcher 157.00 8700-0717-01 15.68APAutoPulse Hygiene Barrier 16.00 Batteries Li-Ion - Lithium Ion 8000-0580-01 504.30PROPAQMD|XSERIESSix Hour Rechargeable SurePower II Smart Battery (Six Hour Rechargeable Smart Battery) 957.00 8000-0580-30 504.30PROPAQMD|XSERIESSix Hour Rechargeable SurePower II Smart Battery, Airworthy (Six Hour Rechargeable Smart Battery) 957.00 8000-0807-01 69.00AED_PLUSType 123 Lithium Batteries, Quantity of Ten (10) with Storage Sleeve 92.00 8019-0535-01 456.00AED_PRO|ESERIES|RSER IES|M2SER SurePower Rechargeable Lithium Ion Battery Pack 925.00 8700-0752-01 985.88APAutopulse Li-Ion Battery 1,006.00 Metal Batteries 8000-000696 148.80AED3ZOLL AED 3 Battery Pack (Lithium Manganese Dioxide battery pack) 186.00 8000-0860-01 146.25AED_PROAED Pro Non-Rechargeable Lithium Battery Pack 195.00 8000-0860-30 183.75AED_PROKIT, BATTERY PACK, DISPOSABLE, LITHIUM, CLASS 9, AED PRO (AW) 245.00 Cabinets Cabinets 8000-001256 250.40AED3Standard Surface Wall Cabinet, 7" Depth (Device Only) Includes: alarm, set-up instructions and ILCOR label set 313.00 8000-001257 268.80AED3Semi-recessed Wall Cabinet (Device Only) Includes: alarm, set-up instructions and ILCOR label set 336.00 8000-001258 268.80AED3Fully-recessed Wall Cabinet (Device Only) Includes: alarm, set-up instructions and ILCOR label set 336.00 8000-001259 87.75AED_PLUSStrobe Light for Standard Surface Wall Cabinet PN: 8000-001256 and 8000-0855 117.00 8000-001267 87.75AED_PLUSStrobe Light with Mounting Plate for Semi and Fully Recessed Wall Cabinets 117.00 8000-0738 210.00AED_PLUSStandard Metal Wall Cabinet with Strobe Light 280.00 8000-0809-01 60.00AED_PLUSMounting Bracket 80.00 8000-0811 292.50AED_PLUSFlush Wall Mounting Box (Fully Recessed Wall Cabinet Designed to Hold AED Plus On A Bracket Without Carry Case and One Spare Set of Electrodes 390.00 8000-0814 292.50AED_PLUSRecessed Wall Mounting Box (Semi-Recessed Wall Cabinet Designed to Hold AED Plus on a Bracket without Carry Case and includes One Spare Set of Electrodes 390.00 8000-0817 292.50AED_PLUSSurface Wall Mounting Box (7" Deep) Designed to Hold AED Plus (On A Bracket Without Carry Case) and One Spare Set of Electrodes 390.00 Page 9 of 275/15/2023 Page 239 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Cabinets Cabinets 8000-0855 182.25AED_PLUSStandard Surface Wall Cabinet, 9" Depth (Device Stored in Carry Case) Includes: alarm, set-up instructions 243.00 Cables and Connectors Connectors 8000-0370 277.98XSERIES|M2SERCPR Connector 339.00 8000-0730 28.00ESERIES|MSERIES|RSERI ES AC Extension Cable for R Series, E Series, and M Series (12") 35.00 8009-0020 386.22RSERIES|XSERIESCPR D padz and CPR Stat padz connector for OneStep Cable 471.00 Invasive Blood Pressure 8300-0787-01 198.44PROPAQM|PROPAQMD|X SERIES Transducer Interface Cable with Right Angle Connector - Edwards 242.00 8300-0788-01 152.52PROPAQM|PROPAQMD|X SERIES Transducer Interface Cable with Right Angle Connector - Abbott 186.00 Miscellaneous 8000-000993 315.70XSERIES_ADVCABLE ASSY, FLOW SENSOR CONNECTOR, ACCUVENT 385.00 8000-0246-30 262.40PROPAQMD|XSERIES8 FT PULSE OX PATIENT CABLE 320.00 8000-0308-30 137.76PROPAQM|PROPAQMD|X SERIES CABLE, MFC, MILITARY 168.00 8000-0804-01 96.00ALL_AEDKIT, CABLE ADAPTER, UNIVERSAL ZOLL AED 128.00 8300-000676 446.08XSERIESX Series OneStep Cable 544.00 8300-000831-40 405.90XSERIESCABLE ASSY, MFC-CPRD, X SERIES 495.00 8300-0783 313.24XSERIESMultifunction Therapy Cable - Allows use of Disposable Multifunction Electrodes and ZOLL External and Internal Paddles 382.00 Power 024-0012-00 140.25VENT731Power Supply, 100-240 VAC, 100W, 24V, 4.2A, IEC 320 & DT7L Plugs 165.00 704-0EMV-06 51.85VENT731Assembly, Cable, DC, External Power, 12V 61.00 708-0042-00 11.05VENT|ASPPower Cord, 6', 18AWG 3 SPT-2, NEMA 5-15P, IEC60320-C5 13.00 710-0731-01 146.20VENT|ASPAssembly, Power Supply/Line Cord 172.00 8000-0304 38.54PROPAQM|PROPAQMD|X SERIES POWER CORD, 120/60HZ W/FERRITE, DMST 47.00 8700-0704-01 11.76APAutoPulse Power Cord 12.00 Cardiac Science Adapter 170-2120 27.20CSCASSY, HARNESS, DB9F - RJ-11, PH AED 2.0 34.00 9171-001 28.80CSCUSB SERIAL ADAPTER 36.00 Batteries 9145-301 370.40CSCBATTERY, AED G3, POWERHEART PRO, YELLOW, REPL SMART PCBA 463.00 9146-301 370.40CSCBATTERY, G3 AED, POWERHEART, WHITE, REPL SMART PCBA 463.00 Page 10 of 275/15/2023 Page 240 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Cardiac Science Batteries 9146-302 370.40CSCCardiac Science Powerheart G3 Battery. Cardiac Science has designed a battery that works specifically with the Powerheart AED G3 by pairing the Intellisense battery circuitry with the Rescue Ready® technology in the AED. 463.00 9147-201-TSO 370.40CSCAED BATTERY, 9300E/A, 9390E/A, EXT LIFE, TSO, REPL SMART PCBA 463.00 XBTAED001A 368.00CSCBATTERY, POWERHEART G5 460.00 Bracket 170-2146-001 47.20CSCPOWERHEART R AED WALL STORAGE BRACKET WITH BELT 59.00 Cables 5111-101 279.20CSCECG CABLE,G3 PRO AED, KIT, US AHA, ROHS2 349.00 Carrying Cases XBPAED001A 136.80CSCBACKPACK, POWERHEART AED 171.00 XCAAED007A 104.80CSCCARRYING CASE, YELLOW STRAP, POWERHEART G5 131.00 Electrodes 9131-001 48.00CSCCardiac Science Adult Electrodes. Compatible with Powerheart AED, Powerheart AED G3, Powerheart G3 Pro, Survivalink, FirstSave 60.00 9660-001 48.00CSCELECTRODES, DEFIB, POLARIZED, AED, G3 PRO 60.00 9730-002 94.40CSCELECTRODES, PEDIATRIC WITH MANUAL 118.00 XELAED001B 64.80CSCELECTRODES, ADULT, G5 AED 81.00 XELAED002B 209.60CSCELECTRODES W/CPRD, ADULT, G5 AED 262.00 XELAED003A 95.20CSCPEDIATRIC DEFIB PADS, POWERHEART G5 119.00 Infrared Cables 162-0108-001 90.40CSCIRDA SERIAL PORT ADAPTER 113.00 50-01568-01 27.20CSCCABLE, USB, 2.0, A-A MALE 34.00 MISC_CSC 168-6002-001 32.80CSCKIT, AED LABELS AND WALL SIGN 41.00 9157-004 301.60CSCCASE, CARRYING, HARD-SIDED, CSC 377.00 XCAAED003A 339.20CSCPELICAN CASE, POWERHEART G5 424.00 MISC_KEY 165-0195-004 9.60CSCKEY, SPARE, CABINET, 180-2021-001 12.00 50-00599-01 9.60CSCKEY, WALLCASE, 50-00XXX-XX SERIES, SET OF 2 12.00 MISC_TAG 160-0163-001 4.80CSCAED WINDOW STICKER 6.00 MISC_TRAINERS 180-0039-001 67.20CSCASSY, BATTERY, G3 FULL SIZE TRAINER 84.00 Ready_kit UKIT001A 56.80CSCUNIVERSAL READY KIT 71.00 Page 11 of 275/15/2023 Page 241 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Cardiac Science Simulator 9021-003 564.00CSCPATIENT SIMULATOR, W/ECG, G3 AED 705.00 XSMAED001A 564.00CSCPATIENT SIMULATOR, ADULT W/CPRD, G5 AED 705.00 XSMAED002A 564.00CSCPATIENT SIMULATOR, ADULT, G5 AED 705.00 Trainer 180-2080-010 45.60CSCREMOTE CONTROL, G3 TRAINER 57.00 180-5020-301 363.20CSCG3 TRAINER,LANGUAGE SET 1,AHA 2010,PKG 454.00 190-2080-001 45.60CSCREMOTE, G5 TRAINER 57.00 190-5020-001 363.20CSCG5 TRAINER, ADULT ELECTRODE 454.00 190-5020-002 363.20CSCG5 TRAINER, ICPR ELECTRODE 454.00 Training Unit 9035-005 22.40CSCELECTRODES, TRAINING, G3 28.00 9725-001 66.40CSCTRAINING ELECTRODES, PEDIATRIC 83.00 XTRPAD004A 24.00CSCTRAINING PADS, ADULT, G5 TRAINER 30.00 XTRPAD005A 52.80CSCTRAINING PADS, ADULT WITH CAD, G5 TRAINER 66.00 XTRPAD006A 64.00CSCTRAINING PADS, PEDIATRIC, G5 TRAINER 80.00 Wallcase 180-2021-101 329.60CSCWALLCASE, ALARMED, AED 412.00 180-2022-001 61.60CSCPOWERHEART R AED (IN CASE) METAL WALL SLEEVE 77.00 50-00392-10 178.40CSCSURFACE-MOUNT WALL BOX 223.00 50-00392-20 235.20CSCSURFACE-MOUNT WALL BOX W/ALARM/SECURITY 294.00 50-00392-30 273.60CSCSURFACE-MOUNT W BOX ALARM/STROBE/SECURITY 342.00 50-00395-10 235.20CSCSEMI-RECESSED WALL BOX 294.00 50-00395-20 292.00CSCSEMI-RECESSED WALL BOX W/ALARM/SECURITY 365.00 50-00395-30 329.60CSCSEMI-RECESS W BOX ALARM/STROBE/SECURITY 412.00 50-00400-10 198.40CSCFULLY RECESSED WALL BOX 248.00 50-00400-20 255.20CSCFULLY RECESSED WALL BOX W/ALARM/SECURITY 319.00 50-00400-30 292.00CSCFULLY RECESS W BOX ALARM/STROBE/SECURITY 365.00 Cases and Pouches Carrying Cases 402-0017-00 133.66ASP300CASE, PADDED, ASPIRATOR, W/O ACCESSORIES POUCH, MODEL 326 163.00 8000-000393-01 694.54XSERIESX SERIES CARRY CASE, PREMIUM 847.00 8000-000404-01 27.06XSERIESCARRY CASE, REAR BAG, X SERIES 33.00 8000-000405-01 13.12XSERIESCARRY CASE, SHOULDER STRAP, X SERIES 16.00 8000-001250 112.00AED3ZOLL AED 3 Carry Case 140.00 8000-001251 19.20AED3Spare Battery Case For ZOLL AED 3 Carry Case 24.00 8000-001252 14.40AED3Replacement Shoulder Strap For ZOLL AED 3 Carry Case 18.00 8000-001253 274.40AED3Small Rigid Plastic Case Holds ZOLL AED 3/spare battery pack 343.00 Page 12 of 275/15/2023 Page 242 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Cases and Pouches Carrying Cases 8000-001254 292.80AED3Large Rigid Plastic Case Holds ZOLL AED 3/spare electrodes/spare battery pack 366.00 8000-001268 298.48ASP330HARD CASE, M330 MULTIFUNCTION ASPIRATOR 364.00 8000-002005-01 51.66PROPAQMD|XSERIESCable Sleeve, Royal Blue 63.00 8000-0255-01 187.07AED_PRO|PROPAQLTZOLL AED PRO / Propaq LT Combo Carry Case 242.00 8000-0375-01 75.00AED_PLUSAED Plus Trainer / Trainer 2 Carry Case. 100.00 8000-0380-01 326.25AED_PRO|PROPAQLTBAG, COMBINATION, AED PRO/PROPAQ LT, MILITARY 435.00 8000-0802-01 96.00AED_PLUSReplacement Softcase 128.00 8000-0806-01 96.00AED_PLUSReplacement Softcase - Police 128.00 8000-0810-01 96.00AED_PROAED PRO Soft Carry Case 128.00 8000-0832-01 151.50AED_PROAED PRO Molded Vinyl Carry Case with Spare Battery Compartment 202.00 8000-0836-01 182.25AED_PLUSSmall Pelican Case with Cut-Outs for AED Plus Only 243.00 8000-0837-01 228.75AED_PLUSLarge Pelican Case with Cut-Outs for AED Plus, CPR-D, Padz and Pedi, Padz II 305.00 8000-0875-32 210.00AED_PROAED Pro Hard Case with Foam Cut-Outs 280.00 8000-0914 35.26ESERIES|MSERIES|RSERI ES|XSERIES Shoulder Strap (Roll Cage) 43.00 8700-000850-40 591.92APAutoPulse Quick Case 604.00 8707-000502-01 519.88XSERIESX Series Carry Case 634.00 8707-000503-01 37.72XSERIESCLEAR PLASTIC DISPLAY PROTECTOR, X SERIES 46.00 Chargers and Power Supplies AutoPulse 8700-0753-01 2,739.10APAutoPulse SurePower Battery Charger, U.S. 2,795.00 Miscellaneous 8000-000903-01 117.26XSERIESPower Extension Cable 143.00 8000-0100 57.75OTHERUs Power Cord(Replacement Power Cord for Base Station Charger) 77.00 8300-000006 1,585.88ESERIES|MSERIES|RSERI ES|XSERIES DC Auxiliary Power Supply 1,934.00 SurePower 8050-0030-01 2,385.38ESERIES|MSERIES|RSERI ES|XSERIES SurePower 4 Bay Charging System (Requires 8300-0250-01 to Charge Propaq MD) 2,909.00 8050-0032-01 22.14ESERIES|MSERIES|RSERI ES|XSERIES SurePower Charger Battery Well Spacer 27.00 8200-000100-01 991.38ESERIES|MSERIES|RSERI ES|XSERIES SurePower Single Bay Charger 1,209.00 8300-0004 453.46PROPAQM|PROPAQMD|X SERIES Replacement AC Power Adapter / Charger, 120 - 240 Vac, 50, 60 400 Hz 553.00 8300-0250-01 309.96ESERIES|MSERIES|RSERI ES|XSERIES SurePower Charger Adapter for Propaq MD Batteries 378.00 8300-0500-01 2,709.28ESERIES|MSERIES|RSERI ES|XSERIES SurePower 4 Bay Charging System Including 4 Propaq MD Battery Charging Adapters 3,304.00 Data Communication Data Communication Page 13 of 275/15/2023 Page 243 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Data Communication Data Communication 8000-000874 997.94PROPAQMD|XSERIESEthernet Adapter 1,217.00 8000-0815 96.00AED_PLUS|AED_PROUSB IRDA Adapter (Not Recommended for use On Windows 98) 128.00 8000-0816 96.00AED_PLUS|AED_PRORS232 IRDA Adapter (Recommended for Windows 98) 128.00 8707-000500-01 37.72XSERIESUSB Extension Cable 46.00 ECG Cables 12 Lead 8300-0802-01 331.28PROPAQMD|XSERIES12-Lead One Step ECG Cable - AAMI Includes 4-Lead Trunk Cable and Removable Precordial 6 Lead Set 404.00 8300-0802-12 331.28PROPAQMD|XSERIES12-Lead One Step ECG Cable - IEC Includes 4-Lead Trunk Cable and Removable Precordial 6 Lead Set 404.00 8300-0804-01 178.76PROPAQMD|XSERIESV Lead Patient Cable for 12 Lead ECG(Replacement Precordial 6 Lead Cable - AAMI) 218.00 3 Lead 8000-0025 139.20MSERIES|RSERIESReplacement 3-Lead ECG Patient Cable, 12 Ft. (Ships standard with M and R Series) 174.00 8000-0025-02 102.40MSERIES|RSERIESReplacement 3-Lead ECG Patient Cable, 6 Ft. (Ships standard with M and R Series) 128.00 8300-0800-01 127.10PROPAQMD|XSERIES3-Lead ECG Cable - AAMI with Low Profile Propaq MD Connector 155.00 8300-0800-12 127.10PROPAQMD|XSERIES3-Lead ECG Cable - IEC with Low Profile Propaq MD Connector 155.00 4 Lead 8300-0803-01 152.52PROPAQMD|XSERIESReplacement 4-Lead Trunk Cable - AAMI 186.00 8300-0803-12 168.92PROPAQMD|XSERIESReplacement 4-Lead Trunk Cable - IEC 206.00 5 Lead 8300-0801-01 178.76PROPAQMD|XSERIES5-Lead ECG Cable - AAMI with Low Profile Propaq MD Connector 218.00 8300-0801-12 178.76PROPAQMD|XSERIES5-Lead ECG Cable - IEC with Low Profile Propaq MD Connector 218.00 8300-0804-12 178.76PROPAQMD|XSERIESReplacement Precordial 6 Lead Cable - IEC 218.00 Miscellaneous 8000-0838 146.25AED_PROAED PRO ECG Cable AAMI 195.00 ETCO2 Cables and Sensors Cable-Sensor Combinations 8000-0312 4,652.80ESERIES|RSERIESCAPNO 5 Mainstream CO2 Sensor and Cable 5,816.00 8000-0367 4,652.80ESERIES|RSERIESSidestream Loflo Module 5,816.00 IPR Therapy IPR 12-0869-000 75.46IPRResQCPR demo kit: includes ResQMAN demonstrator and ResQPOD ITD 77.00 12-0935-000 75.46IPRCarrying case for the ResQCPR System componenets. 77.00 Page 14 of 275/15/2023 Page 244 Contract No. PSAI 2021-06 Your PriceList_Price Accessories IPR Therapy IPR 12-2507-000 872.20IPRTraining versions of one (1) ResQPUMP and two (2) ResQPODs, all intended for training ONLY and labeled "NOT FOR HUMAN USE". Sold as individual kits. 890.00 Miscellaneous Documents and Sheets 9652-000391-01 27.88XSERIESWaterproof Quick Reference Guide, English 34.00 9652-0605-01 52.48ESERIES|MSERIES|RSERI ES|XSERIES 12 Lead Pocket Reference Cards - Pocket-Sized Guide for 12-Lead Electrode Placement, Pack of 25 64.00 9658-001355-01 27.88XSERIESOperator's Guide, English, CD Rom Format 34.00 Manuals and Books 9650-001355-01 27.88XSERIESOperator's Guide, X Series, English, Paper Format 34.00 9650-001356-01 27.88XSERIESService Manual, X Series, English, Paper Format 34.00 9650-0300-01 6.00AED_PLUSOperator' Guide for Individual Operators or for use As Wall Poster 8.00 9650-0301-01 6.00AED_PLUSAdministration Guide 8.00 9650-0309-01 50.25AED_PROAED PRO Service Manual 67.00 9650-0350-01 25.50AED_PROAED PRO Replacement Operator Guide 34.00 Miscellaneous 704-0004-00 108.80VENT|ASP731 Low Flow O2 reservoir kit for use with low flow oxygen delivery 128.00 8000-000493 50.84XSERIESANTENNA, ULTRA-WIDEBAND,4G/3G/2G 62.00 8000-001260 18.00ALL_AEDILCOR Flush AED Wall Sign (AED) 24.00 8000-001261 23.25ALL_AEDILCOR 3-D AED Wall Sign (AED) 31.00 8000-001262 18.75AED_PLUS|AED_PROILCOR Flush AED Wall Sign (DAE) 25.00 8000-001263 23.25AED_PLUS|AED_PROILCOR 3-D AED Wall Sign (DAE) 31.00 8000-001264 18.75AED_PLUS|AED_PROILCOR Flush AED Wall Sign (DEA) 25.00 8000-001265 23.25AED_PLUS|AED_PROILCOR 3-D AED Wall Sign (DEA) 31.00 8000-0803-01 50.25AED_PLUSCompact Low Profile Public Safety Cover (Not for use with CPR-D-padz and Accessories) 67.00 8000-0808-01 50.25AED_PLUSReplacement Public Access Pass Cover (Graphic Interface Label) Designed for CPR-D-padz and Accessories 67.00 8000-0812-01 50.25AED_PLUSReplacement Public Safety Pass Cover Designed for CPR-D-padz and Accessories 67.00 8000-0825 14.25AED_PLUSAED Plus Wall Sign (81/2" X 11") and AED Plus 3-D Wall Sign 19.00 8008-0007 60.75AED_PLUSTrainer 2 Wireless Remote Controller with 2 AA Batteries (Replacement) 81.00 9310-0738 13.50AED_PLUSAED Plus 3-D Wall Sign 18.00 Mounting Brackets CCLAW Mounts 800-0904-01 357.85VENT|ASPModel, CCLAW 421.00 Mounting Brackets 703-0003-00 73.10VENT731Assembly,Kit,Bracket,Mounting,Wall,Vehicle 86.00 Page 15 of 275/15/2023 Page 245 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Mounting Brackets Mounting Brackets 704-0750-08 149.60VENT|ASPAssembly, Bracket, Pole Mounting, Universal 176.00 8000-001255 51.20AED3ZOLL AED 3 Wall Mount Bracket (Device Only) 64.00 8000-001266 56.00AED3ZOLL AED 3 Case Wall Mount Bracket (Device Stored in Carry Case Only) 70.00 816-0731-00 1,206.15VENT731Assembly, Stand, 731, Series with Locking Wheels 1,419.00 816-0731-01 1,206.15VENT731Assembly, Stand, 731 Series, with Locking Wheels, MRI 1,419.00 SMEED Mounts 800-0903-01 5,538.60VENT731Model, SMEED Bracket 6,516.00 Multi-Function Defibs External Paddles 8000-0053 78.72ESERIES|MSERIES|RSERI ES|XSERIES|M2SER Defibrillator Gel - 12 Tubes 96.00 8000-1010-01 604.00ESERIES|MSERIES|RSERI ES|M2SER External Paddle Assembly Apex / Sternum with Controls and Built-In Pediatric Electrodes (NSN 6515-01-504-6492) 755.00 NIBP Cuffs 8000-000205 122.18PROPAQM|PROPAQMD|X SERIES Hose, Blood Pressure Cuff, Infant/Neonate, 8 foot, ISO Connector 149.00 8000-0655 53.60ESERIES|MSERIES|RSERI ES Hose, Air, 1.5 Meter, NIBP 67.00 8000-0662 56.00ESERIES|MSERIES|RSERI ES Hose, Air, 3 Meter, NIBP 70.00 8000-0895 152.52PROPAQMD|XSERIESCuff Kit with Welch Allyn Small Adult, Large Adult and Thigh Cuffs 186.00 8000-1650 31.20ESERIES|MSERIES|RSERI ES Pediatric/Small Adult Long Cuff, 17.0-25.0cm, 1/Box 39.00 8000-1651 36.80ESERIES|MSERIES|RSERI ES Adult Cuff 23.0 - 33.0cm, 1/Box 46.00 8000-1653 41.60ESERIES|MSERIES|RSERI ES Large Adult Cuff, 31.0-41.0cm, 1/Box 52.00 8000-1654 41.60ESERIES|MSERIES|RSERI ES Thigh Cuff, 28.0-50.0cm, 1/Box 52.00 8000-1655 27.20ESERIES|MSERIES|RSERI ES Child Cuff, 12.0-19.0cm, 1/Box 34.00 8300-0002-01 122.18PROPAQMD|XSERIESDual Lumen NIBP 10 Foot Hose 149.00 8300-0002-02 122.18PROPAQMD|XSERIESDual Lumen NIBP Tubing Assembly, 5 FT 149.00 REUSE-07-1MQ 51.66PROPAQMD|XSERIESInfant Cuff, 9 - 13 cm, Single Tube with Twist-Lock Connector, Each 63.00 REUSE-07-2MQ 51.66PROPAQMD|XSERIESInfant Cuff, 9 -13 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-08-1MQ 51.66PROPAQMD|XSERIESSmall Child Cuff, 12-16 cm, Single Tube with Twist-Lock Connector, Each 63.00 REUSE-08-2MQ 51.66PROPAQMD|XSERIESSmall Child Cuff, 12 - 16 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-09-1MQ 51.66PROPAQMD|XSERIESChild Cuff, 15 - 21 cm, Single Tube with Twist-Lock Connector, Each 63.00 REUSE-09-2MQ 51.66PROPAQMD|XSERIESChild Cuff, 15 - 21 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-10-1MQ 51.66PROPAQMD|XSERIESSmall Adult Cuff, 20 - 26 cm, Single Tube with Twist-Lock Connector, Each 63.00 Page 16 of 275/15/2023 Page 246 Contract No. PSAI 2021-06 Your PriceList_Price Accessories NIBP Cuffs REUSE-10-2MQ 51.66PROPAQMD|XSERIESSmall Adult Cuff, 20 - 26 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-11-1HP 51.66PROPAQMD|XSERIESAdult Cuff, 25 - 34cm, Single Tube with Bayonet Connector, Each 63.00 REUSE-11-2MQ 51.66PROPAQMD|XSERIESAdult Cuff, 25 - 34 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-11L-2MQ 51.66PROPAQMD|XSERIESAdult Long Cuff, 25 - 34 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-12-2MQ 51.66PROPAQMD|XSERIESLarge Adult Cuff, 32 - 43 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-12L-2MQ 51.66PROPAQMD|XSERIESLarge Adult Long Cuff, 32 - 43 cm, 2-Tube with Twist Lock Connector, Each 63.00 REUSE-13-1MQ 52.48PROPAQMD|XSERIESAdult Thigh Cuff, 40 - 55 cm, Single Tube with Twist-Lock Connector, Each 64.00 REUSE-13-2MQ 51.66PROPAQMD|XSERIESAdult Thigh Cuff, 40 - 55 cm, 2-Tube with Twist Lock Connector, Each 63.00 Software Software 8000-0311-01 145.50AED_PLUSZOLL Administration Software, CD-ROM 194.00 8000-0843-01 25.50AED_PROZOLL Administrative SoftWarranty for AED Pro, CD-ROM 34.00 SPO2 Cables and Sensors Cables 8000-001392 245.18XSERIESRAINBOW RC-4, 4FT REUSABLE EMS PATIENT CABLE (REF: 4481) 299.00 8000-0293 258.40ESERIES|MSERIES|RSERI ES SpO2 LNCS Reusable Patient Cable, 10ft 323.00 8000-0296 541.60ESERIES|MSERIES|RSERI ES SpO2 LNOP Adult Reusable One-Piece Sensor and Cable, 12ft 677.00 8000-0298 220.00RSERIESSpO2 LNCS Reusable Patient Cable (4 Ft) 275.00 8000-0325 200.00ESERIES|MSERIES|RSERI ES SpO2 LNCS Extension Cable with Db-9 Connector 250.00 8000-0327 53.60ESERIES|MSERIES|RSERI ES SpO2 LNCS Sensor to LNOP Adapter Cable 67.00 8000-0330 295.20XSERIESSpO2 Rainbow Reusable Patient Cable: Connects to LNCS Single use and Reusable Sensors, 4ft (Red 4' Reusable Patient Cable - Connects to LNCS Single use and Reusable Sensors) 360.00 8000-0331 345.22XSERIESSpO2 Rainbow Reusable Patient Cable: Connects to LNCS Single use and Reusable Sensors, 10ft (Red 10' Reusable Patient Cable - Connects to LNCS Single use and Reusable Sensors) 421.00 8000-0332 345.22XSERIESSpO2 Rainbow DCI Adult Reusable Patient Cable/Sensor, 3ft (Red 3' DCI Adult Reusable Patient Cable / Sensor ) 421.00 8000-0333 395.24XSERIESSpO2 Rainbow DCI Pediatric Reusable Patient Cable/Sensor, 3ft (Red 3' DCI Pediatric Reusable Patient Cable / Sensor ) 482.00 8000-0334 594.50XSERIESSpO2 Rainbow DCI Adult Reusable Patient Cable/Sensor, 12ft (Red 12' DCI Adult Reusable Patient Cable / Sensor) 0.00 8000-0335 644.52XSERIESSpO2 Rainbow DCI Pediatric Reusable Patient Cable/Sensor, 12ft (Red 12' DCI Pediatric Reusable Patient Cable / Sensor) 786.00 8000-0341 245.18XSERIESSpO2/SpCO/SPMet Rainbow Patient Cable: Connects to Single use Sensors (4 Ft) (Rainbow 4' Reusable Patient Cable - Connects to Rainbow 2 Piece Sensors ) 299.00 Page 17 of 275/15/2023 Page 247 Contract No. PSAI 2021-06 Your PriceList_Price Accessories SPO2 Cables and Sensors Cables 8000-0342 295.20XSERIESSpO2/SpCO/SPMet Rainbow Patient Cable: Connects to Single use Sensors (12 Ft) (Rainbow 12' Reusable Patient Cable - Connects to Rainbow 2 Piece Sensors) 360.00 Cable-Sensor Combinations 8000-0343 894.62XSERIESSpO2/SpCO/SPMet Rainbow DCI Adult Reusable Patient Cable/Sensor (8 Ft) (Rainbow 8' DCI Adult Reusable Patient Cable / Sensor ) 1,091.00 8000-0344 1,094.70XSERIESSpO2/SpCO/SPMet Rainbow DCI Adult Reusable Patient Cable/Sensor (12 Ft) (Rainbow 12' DCI Adult Reusable Patient Cable / Sensor ) 1,335.00 8000-0345 993.84XSERIESSpO2/SpCO/SPMet Rainbow DCI Pediatric Reusable Patient Cable/Sensor (8 Ft) (Rainbow 8' DCI Pediatric Reusable Patient Cable / Sensor ) 1,212.00 8000-0346 1,193.92XSERIESSpO2/SpCO/SPMet Rainbow DCI Pediatric Reusable Patient Cable/Sensor (12 Ft) (Rainbow 12' DCI Pediatric Reusable Patient Cable / Sensor ) 1,456.00 8000-0377 924.14XSERIESSpO2 Rainbow DBI-DC8 Reusable Patient Cable / Sensor, 8ft 1,127.00 Sensors 8000-000371 843.78XSERIESRainbow Adult Reusable Patient Sensor for SpO2, SpCO, SPMet 1,029.00 8000-000372 843.78XSERIESRainbow Pediatric Reusable Patient Sensor for SpO2, SpCO, SPMet 1,029.00 8000-000459 295.20ESERIES|MSERIES|RSERI ES|XSERIES M-LNCS DCI Reusable Sensor 360.00 8000-000467 1,793.34XSERIESRainbow, DCI SC-400, Pediatric Reusable Finger Sensor, SpHb, SpO2, SPMet, 3ft 2,187.00 8000-001464 894.62XSERIESRainbow, DCI SC-200, Adult Reusable Finger Sensor, SpHb, SpO2, SPMet, 3ft 1,091.00 8000-001465 894.62XSERIESRainbow, DCI SC-200, Pediatric Reusable Finger Sensor, SpHb, SpO2, SPMet, 3ft 1,091.00 8000-001466 1,793.34XSERIESRainbow, DCI SC-400, Adult Reusable Finger Sensor, SpHb, SpO2, SPMet, 3ft 2,187.00 8000-0294 295.20ESERIES|MSERIES|RSERI ES|XSERIES|VENT SpO2 LNCS Adult Reusable Sensor, 1 each 360.00 8000-0295 350.14ESERIES|MSERIES|RSERI ES|XSERIES|VENT SpO2 LNCS Pediatric Reusable Sensor, 1 each 427.00 8000-0379 335.38ESERIES|MSERIES|RSERI ES|XSERIES SpO2 LNCS DBI LNCS Reusable Sensor, 3ft 409.00 Temperature Cables and Sensors Sensors 8000-0668 125.46MSERIES|PROPAQMD|XS ERIES YSI Reusable Adult Esophageal/Rectal Temperature Probe 153.00 8000-0669 75.44MSERIES|PROPAQMD|XS ERIES YSI Reusable Pediatric Esophageal Rectal Probe 92.00 8000-0670 122.18PROPAQMD|XSERIESYSI Reusable Adult Skin Temperature Probe 149.00 8000-0671 122.18PROPAQMD|XSERIESYSI Reusable Pediatric Skin Temperature Probe 149.00 Training Manikin 12-2116-000 199.92IPRManikit 204.00 Page 18 of 275/15/2023 Page 248 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Training Manikin 8000-0834-01 351.75AED_PLUS|AED_PROAED Demo Kit. Includes Carry Bag, Manikin Torso with Head and One CPR-D Demo Pad. 469.00 8000-0835-01 175.50ALL_AED|M2SERAED Plus Demo Manikin. Includes Manikin Torso with Velcro Strips Attached and a Separate Head with HardWarranty for Attachment(AED Plus, Pro, R Series and M Series Manikin) 234.00 8700-0718-01 221.48APAutoPulse Manikin 226.00 Miscellaneous 8000-000925 260.00AED3ZOLL AED Simulator Designed to be used with ZOLL AED 3, AED Plus and/or AED Pro 325.00 8000-0684 1,410.40PROPAQMD|XSERIES12-Lead ECG Simulator with IBP Channel 1,720.00 8000-0819-01 233.23AED_PLUSSimulator/Tester -Connects to AED Plus to Demonstrate Operation 281.00 8000-0822 48.75AED_PLUSTrainer US AC Adapter 65.00 8000-0829-01 304.50AED_PROAED PRO Simulator 406.00 8000-0847-01 136.50AED_PLUSAED Plus Demo Kit Carry Bag 182.00 8009-0751-01 491.18RSERIES|XSERIES|M2SE R See-Thru CPR Simulator 599.00 8012-0206 1,117.66XSERIES12-Lead ECG Simulator 1,363.00 8700-000764-01 8,827.84APAutoPulse Training System: Consists of 1 each AutoPulse Trainer Platform, 1 LifeBand Trainer, 1 Multi- Chemistry Battery Charger, and 2 Lithium-ion Batteries. NOT FOR PATIENT USE. One (1) Year Warranty. 9,008.00 8700-0707-01 416.50APLifeband Trainer 425.00 8900-0804-01 79.50AED_PLUS|AED_PROCPR-D-padz Training Electrodes (To Be Used with Trainer Only)-- with Reusable, 1 pair, 12 Month Shelf Life 106.00 9650-0851-01 24.00AED_PLUSAED Plus First Responder Video - VHS 32.00 9658-0413-01 9.00AED_PLUSAED Plus Setup and Practice Videos. AED Plus In-Service and Training DVD Collection. Includes Videos On In-Servicing Your AED Plus, Setting Up the Device, and Performing Single and Team Rescues with the AED Plus. DVD Also Contains Wmv Files Allowing Users Who Do Not Have the Capability to Play A DVD the Ability to View the Videos. 12.00 9658-0716-01 24.50APAutoPulse In-Service Training Video, DVD Format. 25.00 Training Unit 8008-000052-01 334.50AED_PLUSENGLISH - AED Plus Fully Automatic Trainer 2 Unit The AED Plus Trainer2 can be used by traingers to train users of the AED Plus. supplied with wireless Remote Controller, one set of CPR-D training electrodes, one pair of replacement gels, 4 D-Cell batteries, 2 AA batteries,, Operators Guide, and a (6) six month limited warranty 446.00 8008-0006-01 351.75AED_PLUSReal CPR Help Travel Trainer (Practice And/or Demonstrate Real CPR Help with A Clinical AED Plus or AED PRO Using the Travel Trainer with Built-In Heart Rhythm Simulator) 469.00 8008-0050-01 334.50AED_PLUSENGLISH - AED Plus Semi-Automatic Trainer 2 Unit The AED Plus Trainer2 can be used by trainers to train users of the AED Plus. Supplied with wireless Remote Controller, one set of CPR-D training electrodes, one pair of replacement gels, 4 D-Cell bateries, 2 AA batteries, Operators Guide, and a (6) six month limited warranty 446.00 Ventilator Page 19 of 275/15/2023 Page 249 Contract No. PSAI 2021-06 Your PriceList_Price Accessories Ventilator Miscellaneous 703-0731-17 397.80VENT731Ventilator carrier (cage) in olive for the AEV and EMV+ 468.00 703-0731-27 397.80VENT731Assy, Vent Carrier, Eagle II 468.00 704-0731-09 284.75VENT731Assembly, Fabrication, IV Pole, Rolling Stand 335.00 8000-001002-01 120.70VENT731SOFT CASE, BLACK, VENTILATOR AND ACCESSORIES 142.00 802-RCM1-03 2,764.20VENTRCSKIT, HIGH FLOW MODULE, TSI 3,252.00 820-0124-00 356.15VENT731Arm, Articulating, Circuit Holder 419.00 Components Components Component 8300-000210 282.90COMPONENTMICROSTREAM ADVANCE ADULT ORAL-NASAL CO2 FILTER LINE WITH O2 CONNECTOR, SHORT TERM USE, BOX OF 25 345.00 Consumables AutoPulse LifeBands 8700-0706-01 447.86APLifeband 3 Pack 457.00 ECG Cables Electrodes 8900-0004 100.86ESERIES|MSERIES|RSERI ES|XSERIES ECG Liquid Gel Electrodes, 4 ECG Electrodes/Pouch (480 Electrodes =120 Pouches), 24 Month Shelf Life (10 Cartons / Case) 123.00 8900-0006 126.28ESERIES|MSERIES|RSERI ES|XSERIES ECG Liquid Gel Electrodes, 6 ECG Electrodes/Pouch (600 Electrodes = 100 Pouches), 24 Month Shelf Life (10 Cartons / Case) 154.00 8900-0700 120.54ESERIES|MSERIES|RSERI ES|XSERIES 30 Pouch, Rectangle Liquid Gel ECG Electrodes (600 Electrodes), 24 Month Shelf Life (20 POUCHES / CASE) 147.00 8900-0701 120.54ESERIES|MSERIES|RSERI ES|XSERIES 30 Pouch Round Liquid Gel ECG Electrodes (600 Electrodes, 1.5" Diameter), 24 Month Shelf Life (20 POUCHES / CASE) 147.00 8900-0703 120.54ESERIES|MSERIES|RSERI ES|XSERIES 30 Pouch Round Liquid Gel ECG Electrodes (600 Electrodes, 2" Diameter), 24 Month Shelf Life (20 POUCHES / CASE) 147.00 8900-0704 60.68ESERIES|MSERIES|RSERI ES|XSERIES 30 Pouch Radiolucent ECG Electrodes (300 Electrodes, 1.5" Diameter), 24 Month Shelf Life (10 POUCHES / CASE) 74.00 8900-0706 120.54ESERIES|MSERIES|RSERI ES|XSERIES 30 Pouch Square Liquid Gel ECG Electrodes (600 Electrodes), 24 Month Shelf Life (20 POUCHES / CASE) 147.00 8900-0709 114.80ESERIES|MSERIES|RSERI ES|XSERIES 4 Pouch Pediatric ECG Electrodes (480 Electrodes), 24 Month Shelf Life (10 Cartons / Case) 140.00 8900-1003-01 68.06ESERIES|MSERIES|RSERI ES|XSERIES Pediatric ECG Electrodes/3 Per Pouch (300 Electrodes), 24 Month Shelf Life (10 Cartons / Case) 83.00 ETCO2 Cables and Sensors ETCO2 - MainStream 8000-0260-01 102.40ESERIES|MSERIES|RSERI ES Single Patient use Pediatric/Adult Airway Adapter, Box of 10 128.00 ETCO2 - SideStream Page 20 of 275/15/2023 Page 250 Contract No. PSAI 2021-06 Your PriceList_Price Consumables ETCO2 Cables and Sensors ETCO2 - SideStream 8000-0351 117.60ESERIES|MSERIES|RSERI ES Nasal CO2 Sampling Cannula, Adult, Box of 10 147.00 8000-0352 117.60ESERIES|MSERIES|RSERI ES Nasal CO2 Sampling Cannula, Pediatric, Box of 10 147.00 8000-0353 117.60ESERIES|MSERIES|RSERI ES Nasal CO2 Sampling Cannula, Infant, Box of 10 147.00 8000-0354 127.20ESERIES|MSERIES|RSERI ES Oral/Nasal CO2 Sampling Cannula, Adult, Box of 10 159.00 8000-0355 127.20ESERIES|MSERIES|RSERI ES Oral/Nasal CO2 Sampling Cannula, Pediatric, Box of 10 159.00 8000-0356 141.60ESERIES|MSERIES|RSERI ES Nasal CO2 with O2 Cannula, Adult, Box of 10 177.00 8000-0357 141.60ESERIES|MSERIES|RSERI ES Nasal CO2 with O2 Cannula, Pediatric, Box of 10 177.00 8000-0358 136.80ESERIES|MSERIES|RSERI ES Oral/Nasal CO2 with O2 Cannula, Adult, Box of 10 171.00 8000-0359 136.80ESERIES|MSERIES|RSERI ES Oral/Nasal CO2 with O2 Cannula, Pediatric, Box of 10 171.00 8000-0362 108.00ESERIES|MSERIES|RSERI ES Airway Adapter Kit, Adult/Pediatric, Box of 10 135.00 8300-000200 291.10COMPONENTMICROSTREAM ADVANCE ADULT ORAL-NASAL CO2 FILTER LINE WITH O2 TUBING, SHORT TERM USE, BOX OF 25 355.00 8300-000202 315.70COMPONENTMICROSTREAM ADVANCE PEDIATRIC ORAL-NASAL CO2 FILTER LINE, SHORT TERM USE BOX OF 25 385.00 8300-000203 323.90COMPONENTMICROSTREAM ADVANCE PEDIATRIC ORAL-NASAL CO2 FILTER LINE WITH O2 TUBING, SHORT TERM USE BOX OF 25 395.00 8300-000204 369.00COMPONENTMICROSTREAM ADVANCE ADULT-PEDIATRIC INTUBATED CO2 FILTER LINE, EXTENDED DURATION, BOX OF 25 450.00 8300-000206 369.00COMPONENTMICROSTREAM ADVANCE NEONATAL-INFANT INTUBATED CO2 FILTER LINE, EXTENDED DURATION, BOX OF 25 450.00 8300-000207 561.70COMPONENTMICROSTREAM ADVANCE ADULT-PEDIATRIC INTUBATED CO2 FILTER LINE, HIGH HUMIDITY, BOX OF 25 685.00 8300-000208 225.50COMPONENTMICROSTREAM ADVANCE ADULT-PEDIATRIC INTUBATED CO2 FILTER LINE, SHORT TERM USE, BOX OF 25 275.00 IPR Therapy IPR 12-0586-000 50.96IPRReplacement suction cup for the ResQPUMP ACD-CPR device. This suction cup further increases blood return by re-expanding the chest with a lift force of up to 10 kg. 52.00 12-2394-000 36.26IPRResQPAD 37.00 ResQPOD 12-0242-000 138.18IPRResQPOD Impedance Threshold Device (ITD) that attaches to the airway during CPR to enhance negative pressure and increase perfusion. The ResQPOD ITD 10 is a disposable product (single patient use within 24-hours only). 141.00 12-0242-030 138.18IPRResQPOD ITD 10, MIL-SKU 141.00 12-0822-000 138.18IPRResQPOD ITD 16 - Impedance Threshold Device (ITD) attaches to the airway during CPR to enhance negative pressure to increase perfusion; disposable; single patient use only; replacement component of the ResQCPR System. 141.00 Miscellaneous Miscellaneous Page 21 of 275/15/2023 Page 251 Contract No. PSAI 2021-06 Your PriceList_Price Consumables Miscellaneous Miscellaneous 8000-001128 624.84XSERIES_ADVFLOWTUBE, ACCUVENT, BOX OF 10 762.00 Multi-Function Electrodes CPR Stat-Padz 8900-0400 537.00AED_PLUS|AED_PRO|ES ERIES|XSERIES CPR Stat-padz HVP Multi-Function CPR Electrodes, 8 Prs/Cs (24 Mo Shelf Life) 716.00 8900-0402 71.25ALL_AEDCPR Stat-padz HVP Multi-Function CPR Electrodes, 1 Ea (24 Mo Shelf Life) 95.00 CPR Uni-Padz 8900-000268 80.00AED3ZOLL AED 3 Biomed Testing Cable. Defibrillator Analyzer Adapter Cable - connects ZOLL AED 3 to analyzer 100.00 CPR-D 8900-0800-01 155.25AED3|AED_PLUS|AED_P RO|M2SER CPRD-padz One Piece Defibrillation and CPR System Adult Electrode(CPR-D-padz One Piece Electrode Pad with Real CPR Help . Supplied with Gloves, Barrier Mask, Scissors, Razor, Wet Wipe and Dry Wipe. 1 EA, Five (5) Year Shelf-Life. ) 207.00 8900-0807-01 18.00AED_PLUS|AED_PROCPR-D Accessory Kit Contains CPR Barrier Mask, Scissors, Gloves, Prep Razor, Towel and A Moist Towelette In A Small Zip-Lock Pouch, One Each. 24.00 8900-0808-01 732.00AED_PLUS|AED_PROCPR-D Accessory Kit Contains CPR Barrier Mask, Scissors, Gloves, Prep Razor, Towel and A Moist Towelette In A Small Zip-Lock Pouch, One Case of 50 Each. 976.00 OneStep Pads 8900-000219-01 91.84RSERIES|XSERIESOneStep Pediatric CPR Resuscitation Electrode, 1 Pair, 24 Month Shelf Life. 112.00 8900-000220-01 681.42RSERIES|XSERIESOneStep Pediatric CPR Resuscitation Electrode, 8 Pairs, 24 Month Shelf Life. 831.00 8900-0180 145.96MSERIES|RSERIES|XSERI ES OneStep Training Cable and Electrode. Includes One Training Cable with CPR Sensor and Y-Connector for Simulator Connection and One Pair of Replacement OneStep Training CPR A/P Electrodes. 178.00 Pedi-Padz 8900-2061 57.40ESERIES|MSERIES|RSERI ES|XSERIES Pedi-padz Pediatric Liquid Gel Multi-Function Electrodes, 1 Pair, 12 Month Shelf Life. 70.00 8900-2065 237.80ESERIES|MSERIES|RSERI ES|XSERIES Pedi-padz Pediatric Liquid Gel Multi-Function Electrodes, 6 Pairs per Case, 12 Month Shelf Life. 290.00 8900-3000-01 237.80ESERIES|MSERIES|RSERI ES|XSERIES Pedi-padz Solid Gel Multi-Function Electrodes, 6 Pairs per Case, 24 Month Shelf Life. 290.00 8900-3001-01 57.40ESERIES|MSERIES|RSERI ES|XSERIES Pedi-padz Solid Gel Multi-Function Electrodes, 1 pair, 24 Month Shelf Life. 70.00 Pedi-Padz II 8900-0810-01 87.75AED3|AED_PLUS|AED_P RO Pedi-padz II Pediatric Multi-Function Electrodes - Designed for use with the AED Plus. the AED Recognizes When Pedi-padz II Are Connected and Automatically Proceeds with A Pediatric ECG and Adjusts Energy to Pediatric Levels. 1 Pair, 24 Month Shelf Life. 117.00 Pro-Padz 8900-2302-01 50.84ESERIES|MSERIES|RSERI ES|XSERIES Pro-padz Biphasic Multi-Function Electrodes, 1 Pair, 9 Month Shelf Life 62.00 Page 22 of 275/15/2023 Page 252 Contract No. PSAI 2021-06 Your PriceList_Price Consumables Multi-Function Electrodes Stat-Padz 8900-4003 478.88ESERIES|MSERIES|RSERI ES|XSERIES|M2SER Stat-padz HVP Multi-Function Electrodes, 12 Pair per Case, 24 Month Shelf Life 584.00 8900-4004 54.94ESERIES|MSERIES|RSERI ES|XSERIES|M2SER Stat-padz HVP Multi-Function Electrodes, 1 Pair, 24 Month Shelf Life 67.00 8900-4014-30 100.86PROPAQMDDep-Readiness Pack, Propaq MD Kit 123.00 8900-4017-30 262.40PROPAQMDDEP-READINESS PACK, 4 PACK KIT 320.00 Stat-Padz II 8900-0801-01 51.75AED_PRO|ESER|MSER|R SER|XSER|M2SER Stat-padz II Adult Multi-Function Electrodes, 1 Pair, 24 Month Shelf Life 69.00 8900-0802-01 435.00AED_PRO|ESER|MSER|R SER|XSER|M2SER Stat-padz II HVP Multi-Function Electrodes, 12 Pair per Case, 24 Month Shelf Life 580.00 NIBP Cuffs 8000-000200 87.74PROPAQM|PROPAQMD|X SERIES Cuff, Blood Pressure, Disposable, ISO Connector, Size 1 Neonate (Qty 10) 107.00 8000-000201 92.66PROPAQM|PROPAQMD|X SERIES Cuff, Blood Pressure, Disposable, ISO Connector, Size 2 Neonate (Qty 10) 113.00 8000-000202 97.58PROPAQM|PROPAQMD|X SERIES Cuff, Blood Pressure, Disposable, ISO Connector, Size 3 Neonate (Qty 10) 119.00 8000-000203 102.50PROPAQM|PROPAQMD|X SERIES Cuff, Blood Pressure, Disposable, ISO Connector, Size 4 Neonate (Qty 10) 125.00 8000-000204 107.42PROPAQM|PROPAQMD|X SERIES Cuff, Blood Pressure, Disposable, ISO Connector, Size 5 Neonate (Qty 10) 131.00 8000-0640 90.20XSERIESNeonatal Disposable Cuffs Size 1, 3 - 6 cm, Box of 20 110.00 8000-0641 95.94XSERIESNeonatal Disposable Cuffs Size 2, 4 - 8 cm, Box of 20 117.00 8000-0642 100.04ESERIES|MSERIES|RSERI ES|XSERIES Neonatal Disposable Cuffs Size 3, 6 - 11 cm, Box of 20 122.00 8000-0643 104.96ESERIES|MSERIES|RSERI ES|XSERIES Neonatal Disposable Cuffs Size 4, 7 -13 cm, Box of 20 128.00 8000-0644 110.70ESERIES|MSERIES|RSERI ES|XSERIES Neonatal Disposable Cuffs Size 5 , 8 - 15 cm, Box of 20 135.00 8300-0797-01 27.06ESERIES|MSERIES|RSERI ES|XSERIES Neonatal Cuff Kit, One Each of Sizes #1 - #5, Single Tube with Male Luer Connector 33.00 SOFT-07-2MQ 174.66ESERIES|MSERIES|XSERI ES Disposable Cuff, Soft Infant, 2-Tube, Twist Lock Connector, Case of 20 213.00 SOFT-08-2MQ 174.66ESERIES|MSERIES|XSERI ES Small Child Cuff, 12 - 16 cm, 2-Tube with Twist Lock Connector, Case of 20 213.00 SOFT-09-1MQ 165.64ESERIES|MSERIES|XSERI ES Child Cuff, 15 - 21 cm, Single Tube with Twist-Lock Connector, Case of 20 202.00 SOFT-09-2MQ 174.66ESERIES|MSERIES|XSERI ES Child Cuff, 15 - 21 cm, 2-Tube with Twist Lock Connector, Case of 20 213.00 SOFT-10-1MQ 185.32ESERIES|MSERIES|XSERI ES Adult Small Cuff, 20 - 26 cm, Single Tube with Twist-Lock Connector, Case of 20 226.00 SOFT-10-2MQ 195.16ESERIES|MSERIES|XSERI ES Small Adult Cuff, 2-Tube with Twist Lock Connector, Case of 20 238.00 SOFT-11-2MQ 195.16ESERIES|MSERIES|XSERI ES Adult Cuff, 25 - 34 cm, 2-Tube with Twist Lock Connector, Case of 20 238.00 SOFT-11L-2MQ 225.50ESERIES|MSERIES|XSERI ES Adult Long Cuff, 2-Tube with Twist Lock Connector, Case of 20 275.00 SOFT-12-1MQ 185.32ESERIES|MSERIES|XSERI ES Large Adult Cuff, 32 - 43 cm, Single Tube with Twist-Lock Connector, Case of 20 226.00 SOFT-12-2MQ 195.16ESERIES|MSERIES|XSERI ES Large Adult Cuff, 32 - 43 cm, 2-Tube with Twist Lock Connector, Case of 20 238.00 Page 23 of 275/15/2023 Page 253 Contract No. PSAI 2021-06 Your PriceList_Price Consumables NIBP Cuffs SOFT-12L-2MQ 225.50ESERIES|MSERIES|XSERI ES Large Adult Long, 32 - 43 cm, 2-Tube with Twist Lock Connector, Case of 20 275.00 SOFT-13-1MQ 245.18ESERIES|MSERIES|XSERI ES Adult Thigh Cuff, 40 - 55 cm, Single Tube with Twist-Lock Connector, Case of 20 299.00 SOFT-13-2MQ 264.86ESERIES|MSERIES|XSERI ES Adult Thigh Cuff, 2-Tube with Twist Lock Connector, Case of 20 323.00 Paper Recorder Paper 001739-U 19.68PROPAQMDECG Plain White Paper - 40 mm (Three Rolls = One Box) 24.00 8000-000875-01 24.60XSERIESPAPER, THERMAL, 80MM ROLL, TSI, BPA-FREE (BOX OF 6) 30.00 8000-000876-01 24.60XSERIESPAPER, THERMAL, 80MM ROLL, TSI, W/GRID, BPA-FREE (BOX OF 6) 30.00 8000-000877-01 37.60RSERIESRECORDER PAPER, 90MM FOLD, 10 PACK, BPA-FREE 47.00 SPO2 Cables and Sensors Sensors 8000-000456 425.58XSERIESMasimo Single Patent Ear Sensor, LNCS E1 (BOX OF 10) 519.00 8000-000457 425.58XSERIESMasimo Single Patient Ear Sensor, M-LNCS E1 (BOX OF 10) 519.00 8000-000462 1,094.70XSERIESRainbow, R1-25L Adult Adhesive Sensors, SpHb, SpO2, SPMet (10 PER BOX) 1,335.00 8000-000468 1,094.70XSERIESRainbow, R1-25 Butterfly Adult Adhesive Sensors, SpHb, SpO2, SPMet 1,335.00 8000-000469 1,094.70XSERIESRainbow, R1-20 Butterfly Pediatric Adhesive Sensors, SpHb, SpO2, SPMet 1,335.00 8000-000475 324.72ESERIES|MSERIES|RSERI ES|XSERIES Masimo, M-LNCS ADTX, Adult Adhesive Sensor (20 PER BOX) 396.00 8000-000476 339.48ESERIES|MSERIES|RSERI ES|XSERIES Masimo, M-LNCS PDTX-3, Pediatric Adhesive Sensor (20 PER BOX) 414.00 8000-000477 429.68ESERIES|MSERIES|RSERI ES|XSERIES Masimo M-LNCS INF-3, Infant Adhesive Sensor (20 PER BOX) 524.00 8000-000478 469.86ESERIES|MSERIES|RSERI ES|XSERIES Masimo, M-LNCS NEOPT-3, Neonatal Preterm Adhesive Sensor (20 PER BOX) 573.00 8000-001463 1,094.70XSERIESRainbow, R1-20L Infant Adhesive Sensors, SpHb, SpO2, SPMet (10 PER BOX) 1,335.00 8000-0320 324.72ESERIES|MSERIES|RSERI ES|XSERIES|VENT SpO2 LNCS Disposable Adult Sensors, Box of 20 396.00 8000-0321 374.74ESERIES|MSERIES|RSERI ES|XSERIES|VENT SpO2 LNCS Disposable Pediatric Sensors, Box of 20 457.00 8000-0322 444.44ESERIES|MSERIES|RSERI ES|XSERIES|VENT SpO2 LNCS Disposable Infant Sensors, Box of 20 542.00 8000-0323 444.44ESERIES|MSERIES|RSERI ES|XSERIES SpO2 LNCS Disposable Neonatal Sensors, Box of 20 542.00 8000-0324 495.28ESERIES|MSERIES|RSERI ES|XSERIES SpO2 LNCS Disposable Preterm Neonatal Sensors, Box of 20 604.00 8000-0336 694.54XSERIESSpO2/SpCO/SPMet Rainbow Single use Sensors: Patients > 30 kg, Box of 10 (Rainbow Single use Sensor for Patients > 30 kg) 847.00 8000-0337 694.54XSERIESSpO2/SpCO/SPMet Rainbow Single use Sensors: Patients < 3kg, > 30 kg, Box of 10 (Rainbow Single use Sensor for Patients < 3kg, > 30 kg) 847.00 8000-0339 794.58XSERIESSpO2/SpCO/SPMet Rainbow Single use Sensors: Patients 10-50 kg, Box of 10 (Rainbow Single use Sensor for Pediatrics 10 - 50 kg ) 969.00 Page 24 of 275/15/2023 Page 254 Contract No. PSAI 2021-06 Your PriceList_Price Consumables SPO2 Cables and Sensors Sensors 8000-0340 794.58XSERIESSpO2/SpCO/SPMet Rainbow Single use Sensors: Infant Patients 3-30 kg (10 Per Box) 969.00 Temperature Cables and Sensors Cables 8000-0674 64.78ESERIES|MSERIES|XSERI ES Disposable Temperature Sensor Adapter Cable 79.00 Sensors 8000-0672 15.58PROPAQMD|XSERIESYSI Single use Adult Esophageal Rectal Probe 19.00 8000-0673 15.58PROPAQMD|XSERIESYSI Single use Adult Skin Temperature Probe 19.00 Training Electrodes 8900-000861-01 114.00AED_PLUSTrainer Electrode, Pedi-padz II, 6 Pairs per Case, 24 Month Shelf Life 152.00 8900-0185 104.14MSERIES|RSERIES|XSERI ES Replacement OneStep Training CPR A/P Electrodes (8 Per Case) 127.00 8900-0190 93.48ESERIES|MSERIES|RSERI ES|XSERIES Training CPR Stat-padz. Includes One Training Cable with CPR Sensor, Y Connector for Simulator Connection, and One Pair of Replacement Training Electrodes. 114.00 8900-0195 83.64ESERIES|MSERIES|RSERI ES|XSERIES Replacement Training Electrodes (CPR Stat-padz Case of 8). Includes 8 Pairs (Sternum and Apex Pad) of Replacement Electrodes for Training CPR Stat-padz. 102.00 8900-0240-01 145.96MSERIES|RSERIES|XSERI ES OneStep Training Cable and Electrode. Includes One Training Cable with CPR Sensor and Y-Connector for Simulator Connection and One Pair of Replacement CPR A/A Pads. 178.00 8900-0245-01 104.14MSERIES|RSERIES|XSERI ES Replacement OneStep Training Electrodes (CPR A/A Format) (8 Per Case) 127.00 8900-0805-01 108.75AED_PRO|ESERIES|MSE RIES|RSERIES|XSERIES Training Electrodes, Stat-padz II, 6 Pairs per Case, 24 Month Shelf Life 145.00 8900-0809-01 34.50AED_PLUS|AED_PROReplacement CPR-D Demo Pads. Includes A Pair of CPR-D Replacement Electrode Pads with Tabbed Pull-Away Gel Covers Without the CPR Sensor Assembly. Can Be Used to Replace Worn or Frayed Pads From Complete CPR-D Demo Pad. 46.00 8900-5007 111.00ALL_AEDCPR-D DEMO ELECTRODES W/CABLE 148.00 Miscellaneous 8900-0803-01 36.33AED_PLUS|AED_PROReplacement Adhesive Gels for CPR-D-padz - Training Electrode Replacements, 5 Pair/case. 12 month shelf life 47.00 Ventilator Circuits 820-0106-00 15.40VENT731Disposable Circuit, 731 Vent, Single Limb, Wye, Adult/Pedi 20.00 820-0106-15 210.98VENT731Disposable Circuit, 731 Vent, Single Limb, Wye, Adult/Pedi, Case of 15 274.00 820-0107-00 16.94VENT731Disposable Circuit, 731 Vent, Single Limb, Wye, Infant/Pedi 22.00 820-0107-20 318.01VENT731Disposable Circuit, 731 Vent, Single Limb, Wye, Infant/Pedi, Case of 20. 413.00 820-0130-10 291.06VENT731Adult/Pediatric 12 foot circuit (MRI use) Case of 10. 378.00 820-0131-10 337.26VENT731Infant/Pediatric 12 foot circuit (MRI Use), Case of 10. 438.00 Page 25 of 275/15/2023 Page 255 Contract No. PSAI 2021-06 Your PriceList_Price Consumables Ventilator CPAP 334-0125-00 17.00VENT731CPAP Harness Only, disposable, single patient use, can be used with Size 4, 5, and 6 size masks. 20.00 334-0125-10 163.20VENT731Harness, Mask, Universal 192.00 712-0002-00 29.75VENT731CPAP Mask and Harness Kit #5, Adult, Each 35.00 712-0002-20 562.70VENT731CPAP Mask and Harness Kit #5, Adult, Case of 20 662.00 712-0002-50 1,446.70VENT731CPAP Mask and Harness Kit #5, Adult, Case of 50 1,702.00 712-0003-00 29.75VENT731CPAP Mask and Harness Kit #6, Large Adult 35.00 712-0003-20 562.70VENT731CPAP Mask and Harness Kit #6, Large Adult, Case of 20 662.00 712-0003-50 1,446.70VENT731CPAP Mask and Harness Kit #6, Large Adult, Case of 50 1,702.00 712-0004-00 28.90VENT731CPAP Mask and Harness Kit #4, Child, Each 34.00 712-0004-20 578.85VENT731CPAP Mask and Harness Kit #4, Child, Case of 20 681.00 712-0004-50 1,405.05VENT731CPAP Mask and Harness Kit #4, Child, Case of 50 1,653.00 812-0006-00 9.35VENT731Mask, CPAP, #1 Small Infant 11.00 812-0006-20 191.25VENT731KIT, MASK, CPAP, #1, SMALL INFANT, CASE/20 225.00 812-0007-00 9.35VENT731Mask, CPAP, #2, Infant 11.00 812-0007-20 191.25VENT731KIT, MASK, CPAP, #2, INFANT, CASE/20 225.00 812-0008-00 9.35VENT731Mask, CPAP, #3, Small Child 11.00 812-0008-20 191.25VENT731KIT, MASK, CPAP, #3, SMALL CHILD, CASE/20 225.00 812-0009-00 9.35VENT731Mask, CPAP, #4 Child 11.00 812-0009-20 191.25VENT731KIT, MASK, CPAP, #4, CHILD, CASE/20 225.00 812-0010-00 9.35VENT731Mask, CPAP, #5 Regular Adult 11.00 812-0010-20 191.25VENT731KIT, MASK, CPAP, #5, ADULT, CASE/20 225.00 812-0011-00 9.35VENT731Mask, CPAP, #6 Large Adult 11.00 812-0011-20 191.25VENT731KIT, MASK, CPAP, #6, LARGE ADULT, CASE/20 225.00 FIlters 465-0024-00 424.15VENT731Bacterial/Viral filter (Case of 50) 499.00 465-0025-00 351.90VENT731Bacterial/Viral filter +HME, Case of 20 414.00 HME 820-0053-00 413.95VENT731Disposable heat moisture exchangers for ventilators, adult, CASE OF 50 487.00 820-0108-00 270.30VENT731Low Dead Space Heat Moisture Exchanger, Less than 75cc, Adult, Case of 20 318.00 820-0109-00 654.50VENT731Low Dead Space Heat Moisture Exchanger, Less than 25cc, Pediatric, Case of 50 770.00 820-0110-00 373.15VENT731Low Dead Space Heat Moisture Exchanger, Less than 10cc, Infant, Case of 30 439.00 Miscellaneous 820-0132-00 172.55VENT731Test Lung for Demonstrations and Product Education, Dark Blue, 1 Liter 203.00 825-0002-00 42.50VENT731Assembly, Oxygen Hose, 6' Long 50.00 Page 26 of 275/15/2023 Page 256 Contract No. PSAI 2021-06 Your PriceList_Price Page 27 of 275/15/2023 Page 257 File Attachments for Item: A. Approve and authorize the Mayor to execute the Statewide Mutual Aid Agreement between the Town of Highland Beach and the State of Florida Division of Emergency Management , which enables the Town of Highland Beach to receive assistance in the event of a disaster or emergency. Page 258 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE February 6th, 2023 SUBMITTED BY: Glenn Joseph, Fire Chief SUBJECT: Approve and authorize the Mayor to execute the Statewide Mutual Aid Agreement between the Town of Highland Beach and the State of Florida Division of Emergency Management, which enables the Town of Highland Beach to receive assistance in the event of a disaster or emergency. SUMMARY: The State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency. It allows local governmental agencies to request assistance to control and mitigate emergencies or disasters that exceed their ability to handle efficiently and respond to and assist other State agencies that may require a multi-agency response. The statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or it political subdivisions for use in the affected area upon the request of the duly constituted authority of the area. The Agreement secures the benefits of mutual aid and the protection of life and property at major emergencies and disasters. The Agreement is beneficial in our mission to protect our residents' safety and quality of life. FISCAL IMPACT: No funding is needed to approve the Statewide Mutual Aid Agreement. ATTACHMENTS: Statewide Mutual Aid Agreement RECOMMENDATION: Approve and adopt the Statewide Mutual Aid Agreement as presented and authorize the mayor to execute the Agreement. Page 259 Page 260 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 STATEWIDE MUTUAL AID AGREEMENT - 2023 This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management (“the Division”) and the local government (“Participating Party”) signing this Agreement. Execution of this agreement replaces all previous iterations and is active until a new agreement is drafted and requested by The Division. This Agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such emergencies and disasters often exceed the emergency response and recovery capabilities of any one county or local government. C. Such incidents may also give rise to unusual and unanticipated physical and technical needs which a local government cannot meet with existing resources, but that other local governments within the State of Florida may be able to provide. D. The Emergency Management Act, c hapter 252, Florida Statutes, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case of emergencies too extensive to be dealt with unassisted, and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions and responsibilities. F. Pursuant to c hapter 252, Florida Statutes, the Division has the authority to coordinate and direct emergency management assistance between local governments and concentrate available resources where needed. Based on the existence of the foregoing conditions, the Parties agree to the following articles: ARTICLE I: DEFINITIONS As used in this Agreement, the following expressions shall have the following meanings: A. The “Agreement” is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement (“SMAA”). Page 261 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 B. The “Division” is the Florida Division of Emergency Management. C. A “Requesting Party” to this Agreement is a Participating Party who requests assistance under this agreement. D. An “Assisting Party” to this Agreement is a Participating Party who provides assistance to a Requesting Party under this agreement. E. The “Period of Assistance” is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return to their place of origin. F. A “Mission” is a documented emergency response activity performed during a Period of Assistance, usually in reference to one operational function or activity. G. A “local government” is any educational district, special district, or any entity that is a “local governmental entity” within the meaning of section 11.45(1)(g), Florida Statutes. H. An “educational district” is any school district within the meaning of section 1001.30, Florida Statutes, and any Florida College System Institution or State University within the meaning of section 1000.21, Florida Statutes. I. A “special district” is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. J. A “tribal council” is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section 285.18(1), Florida Statutes. K. An “interlocal agreement” is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. L. A “Resource Support Agreement” as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M. “Proof of work” as used in this Agreement refers to original and authentic documentation of a single individual or group of individuals’ emergency response activity at a tactical level. Page 262 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 N. "Proof of payment” as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. O. A “Reimbursement Package” as used in this Agreement refers to a full account of mission response documentation supported by proof of work and proof of payment. P. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, Chapter 252, Florida Statutes. ARTICLE II: APPLICABILITY OF THE AGREEMENT Any Participating Party, including the Division, may request assistance under this Agreement for a “major disaster” or “catastrophic disaster” as defined in section 252.34, Florida Statutes, minor disasters, and other such emergencies as lawfully determined by a Participating Party. ARTICLE III: INVOCATION OF THE AGREEMENT In the event of an emergency or anticipated emergency, a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if, in the judgement of the Requesting Party, its own resources are inadequate to meet the needs of the emergency or disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the Requesting Party. All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party or the Division. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. B. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State’s Comprehensive Emergency Management Plan. ARTICLE IV: RESPONSIBILITIES OF REQUESTING PARTIES To the extent practicable, all Requesting Parties shall provide the following information to their respective county emergency management agency, the Division, and the intended Assisting Party or Parties. In providing such information, Requesting Parties should utilize Section I of the Page 263 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site 1. A. A description of the Mission to be performed by the Assisting Party; B. A description of the resources and capabilities needed to complete the Mission successfully; C. The location, date, and time personnel and resources from the Assisting Party should arrive at the incident site, staging area, facility, or other location designated by the Requesting Party; D. A description of the health, safety, and working conditions expected for deploying personnel; E. Lodging and meal availability; F. Any logistical requirements; G. A description of any location or facility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H. The location date, and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and I. A technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party, any Assisting Parties, and all relevant responding entities. ARTICLE V: RESPONSIBILITIES OF ASSISTING PARTIES Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources, and capabilities can render assistance. If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all of such assistance, it shall provide the following information without delay to the Requesting Party, the Division, and the Assisting Party’s County emergency management agency. In providing such information, the Assisting Party should utilize the Section II of the Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site. 1 FDEM approved documents such as activity logs and mutual aid forms can be found at: https://portal.floridadisaster.org/projects/FROC/FROC_Documents/Forms/AllItems.aspx?View=%7B6F3CF7BD%2DC0A4%2D4BE2%2DB809%2DC8009D7D068 6%7D Page 264 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 A. A description of the personnel, equipment, supplies, services and capabilities it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services to the location(s) specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; E. The names and contact information of all personnel whom the Assisting Party has designated as team leaders or supervisors; and F. An estimated cost for the provision of assistance. ARTICLE VI: RENDITION OF ASSISTANCE The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party, the same powers, duties, rights, and privileges, except that of arrest unless specifically authorized by the Requesting Party, as are afforded the equivalent emergency response personnel of the Requesting Party. Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party, but during the Period of Assistance, the resources and responding personnel of the Assisting Party will perform response activities under the operational and tactical control of the Requesting Party. A. Unless otherwise agreed upon between the Requesting and Assisting Party, the Requesting Party shall be responsible for providing food, water, and shelter to the personnel of the Assisting Party. For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide their emergency response personnel with the equipment, fuel, supplies, and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance, the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time self-sufficiency should be maintained. Page 265 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent practicable, coordinate all communications between its personnel and the responding personnel of the Assisting Parties, and shall determine and share the frequencies and other technical specifications of all communications equipment to be used, as appropriate, with the deployed personnel of the Assisting Parties. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages, salaries, and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction, and shall have all the immunities, rights, interests, and privileges applicable to their normal employment. If personnel of the Assisting Party hold local licenses or certifications limited to the jurisdiction of issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the Period of Assistance. ARTICLE VII: REIMBURSEMENT After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance. All expenses claimed to the Requesting Party must have been incurred in direct response to the emergency as requested by the Requesting Party and must be supported by proof of work and proof of payment. To guide the proper documentation and accountability of expenses, the Assisting Party should utilize the Claim Summary Form, available via the Division approved documents SharePoint site as a guide and summary of expense to collect information to then be formally submitted for review by the Requesting Party. To receive reimbursement for assistance provided under this agreement, the Assisting Party shall provide, at a minimum, the following supporting documentation to the Requesting Party unless otherwise agreed upon between the Requesting and Assisting Parties: A. A complete and authentic description of expenses incurred by the Assisting Party during the Period of Assistance; B. Copy of a current and valid Internal Revenue Service W-9 Form; C. Copies of all relevant payment and travel policies in effect during the Period of Assistance; D. Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be required for personnel activity claims); Page 266 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 E. Official payroll and travel reimbursement records for all claimed personnel expenses; F. Neat and comprehensive fringe benefit calculations for each position class or category of claimed personnel; G. Written justification for all additional expenses/purchases incurred during the Period of Assistance; H. Proof of payment for additional/miscellaneous expenses incurred during the Period of Assistance I. Equipment activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division approved forms will be required for equipment activity claims); J. Proof of reimbursement to all employees who incurred emergency response expenses with personal money; K. Justification for equipment repair expenses; and L. Copies of any applicable supporting agreements or contracts with justification. If a dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party, Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the Parties must select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties and shall be final. If the Participating Parties do not elect binding arbitration, this agreement and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. Nothing in this Agreement shall be construed to create an employer-employee relationship or a partnership or joint venture between the participating parties. Furthermore, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by either Party to be sued by third parties. Page 267 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 ARTICLE VIII: COST ELIGIBLE FOR REIMBURSEMENT The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA’ s Schedule of Equipment, or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage, and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like Page 268 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida. Upon reasonable notice, the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays, except for official holidays. ARTICLE IX: INSURANCE Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers’ insurance meeting the requirements of the Workers’ Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall be provided to each Participating Party. B. Any Participating Party that elects additional insurance affording liability coverage for any activities that may be performed under the authority of this Agreement shall be provided to each Participating Party. C. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. D. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties and shall not be deemed to be the agent of any other Participating Party. E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. F. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. Page 269 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 ARTICLE X: GENERAL REQUIREMENTS Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. All Participating Parties shall allow public access to all documents, papers, letters, or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. B. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. C. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. D. Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES), or mail to the Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. E. Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party. For the purpose of this section, any such communication may be sent by the U.S. Mail, e-mail, or other electronic platforms. ARTICLE XI: EFFECTS OF AGREEMENT Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, Page 270 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 regardless of whether such costs are billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article. F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (DEMES), or certified mail. ARTICLE XII: INTERPRETATION AND APPLICATION OF AGREEMENT The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities, and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. Page 271 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Parties may be required to execute the Agreement with the adopted changes. Any continued or subsequent use of this Agreement following the posting of minor changes to this Agreement shall signify implied acceptance of such changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace all previous versions. The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida. All required cost estimations and claims must be executed through the DEMES Mutual Aid Portal and assisting agencies must use all required FDEM forms for documentation and cost verification. If a Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct response to the incident for which asset was requested. IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified below: Page 272 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: CITY OF ___________________________ CITY CLERK STATE OF FLORIDA By: _____________________________ By: ________________________________ Title: ____________________________ Title: ______________________________ Date: ______________________________ Approved as to Form: By: ________________________________ City Attorney Page 273 File Attachments for Item: B. Consideration of a request for land filling approval for a portion of the property located at 4801 South Ocean Boulevard. Page 274 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE February 6, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Request for land filling approval for a portion of the property located at 4801 South Ocean Boulevard. SUMMARY: On January 11, 2024, the Applicant received Planning Board approval for an amendment to a previously approved special exception request (Development Order No. 21-0008) to install a 465 square foot marginal dock, and a 257 linear foot seawall and cap for the property located at 4801 South Ocean Boulevard within the Boca Highlands development (Development Order No. 23-0010). As part of the latter request, the Applicant proposes to backfill an 830 squ are foot area located behind the new seawall and current seawall. The project will change the design of a portion of the current seawall from a zig-zag configuration to a linear configuration. The Planning Board’s approval was contingent upon Town Commissi on approval of a land fill permit pursuant to Chapter 14 of the Town Code of Ordinances. According to Section 14.1 of the Town Code of Ordinances, the following provisions pertaining to “land filling” apply: Any person desiring to add to or extend any lands, areas, including submerged lands, to remove sand, rock or earth from any submerged lands, to construct a finger canal, lagoon or yacht basin within the territorial limits of the town by any means, including, but not limited to, hydraulic dredging, pumping, dragline, dynamiting or shovel, shall first make application to the town commission for permission to do so. Such written application shall be accompanied by a plan or drawing showing the area to be filled and also showing the area from which any fill material is to be dredged or removed by other means. Specifications sufficient in detail as to clearly outline how the dredging or filling procedure will take place must also accompany the application. The Applicant has provided a narrative regarding the fill operation and materials along with an accompanying plan (approved by the Planning Board on January 11, 2024 (Development Order No. 23-0010) showing the area to be filled (see attached 11X17 plans). The Applicant has received both Florida Department of Environmental Protection and US Army Corps of Engineers approval for the installation of such proposed fill. The corresponding file numbers for each agency are provided in the table below. Page 275 PROPOSED ACTIVITY FDEP (FILE NO.) ACOE (FILE NO.) Seawall and dock including fill. 50-196034-008-EM SAJ-2007-01043 (NWP/GP-KMM FISCAL IMPACT: N/A ATTACHMENTS: Applicant’s fill narrative January 11, 2024 Planning Board staff report and backup materials RECOMMENDATION: At the discretion of the Town Commission Page 276 P: (954) 421-1700 1211 South Military Trail, Suite 200 F: (954) 427-5168 Deerfield Beach, FL 33442 B&M MARINE CONSTRUCTION, INC. # cg c052820 November 15, 20223 Per request of: Town of Highland Beach Building Department Explanation of Fill Operations – The new seawall to be installed will create a wide opening between it and the existing seawall at the area of the numerous zigzag turns in the existing seawall. This void is shown on SHT-2 Item #10, SHT-3 Item #10, and SHT-5 Item #9. This void will be filled with clean fill material from offsite sources. The fill operations will not proceed until the new seawall is in place, however, some initial fill materials may need to be placed prior to completion of the new seawall to keep the new seawall panels in an upright position. The fill materials will be brought by truck and dumped into the void and spread out and levelled by crane or backhoe. The materials will be placed in approximately 8 to 12-inch layers. Each layer will be tamped down to remove air pockets and compact the materials. This will be repeated until all the fill materials are placed and the desired final grade is achieved. David Nutter B & M Marine Construction, Inc. David Nutter Page 277 PLANNING BOARD STAFF REPORT MEETING OF: JANUARY 11, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR AN AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL EXCEPTION REQUEST (DEVELOPMENT ORDER NO. 21-0008) TO INSTALL A 465 SQUARE FOOT MARGINAL DOCK, AND A 257 LINEAR FOOT SEAWALL AND CAP, FOR THE PROPERTY LOCATED AT 4801 SOUTH OCEAN BOULEVARD (APPLICATION NO. 23-0010) Applicant (Property Owner): Boca Highland Center, Inc. 4801 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: David Nutter B & M Marine Construction, Inc. 1211 South Military Trail, #220 Deerfield Beach, FL 33442 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Parcel PCN#: 24-43-47-09-00-001-0100 I.GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 278 Property Background: On November 10, 2021, the Planning Board approved a Special Exception request to install a 1,315 square foot marginal dock, a 271 linear foot seawall and cap, a 120 square foot finger pier, and a 16,000 pound capacity boat lift for the property (Development Order No. No. 21-0008) motion carried 6-0). Request and Analysis: The Applicant is requesting an amendment to a previously approved special exception request (Development Order No. 21-0008) to install a 465 square foot marginal dock, and a 257 linear foot seawall and cap for the property located at 4801 South Ocean Boulevard within the Boca Highlands development. As indicated above, the Applicant received a special exception approval from the Planning Board on November 10, 2021; however, the Applicant wishes to amend the square footage of the marginal dock and the linear footage of the seawall and cap as follows: STRUCTURE TYPE ORIGINAL APPROVAL AMENDMENT DOCK 1,315 square feet (includes 3.8’ x 2.5’extension). 465 square feet SEAWALL/CAP 271 linear feet 257 linear feet The previously approved 120 square foot finger pier, and 16,000 pound capacity boat lift are to remain unchanged. The Applicant also proposes to backfill an 830 square foot area between the existing and new seawall. Pursuant to Section 14.1 of the Town Code, the following provisions pertaining to “land filling” apply: Any person desiring to add to or extend any lands, areas, including submerged lands, to remove sand, rock or earth from any submerged lands, to construct a finger canal, lagoon or yacht basin within the territorial limits of the town by any means, including, but not limited to, hydraulic dredging, pumping, dragline, dynamiting or shovel, shall first make application to the town commission for permission to do so . Such written application shall be accompanied by a plan or drawing showing the area to be filled and also showing the area from which any fill material is to be dredged or removed by other means. Specifications sufficient in detail as to clearly outline how the dredging or filling procedure will take place must also accompany the application. As noted above, a land fill request will be reviewed and considered by the Town Commission. The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE) approval for the above-referenced items. The corresponding file/permit numbers for each agency are provided in the table below. Note that the FDEP and ACOE approvals reference the proposed marginal dock at 476 square feet rather than 46 5 square feet as proposed on the Applicant’s request to the Town (see Applicant’s narrative table provided as part of the Application). The Applicant indicates that the area used for the FDEP and ACOE approvals was calculated using total length and width without regard to the dock corners (see “square footage note” on sheet 2 of 9 of Applicant plans). Page 279 FDEP (PERMIT NO.) ACOE (FILE NO.) 50-196034-008-EM SAJ-2007-01043 (NWP/GP-KMM) Pursuant to Section 6-128(b) of the Town Code, all seawalls west of State Road A1A shall be at Base Flood Elevation (BFE) or higher as provided by the FEMA FIRM maps. The BFE for the property is currently at 6 feet. The Applicant’s proposed seawall is 6.0 feet NAVD. Section 30-67(b) of the Town Code indicates that docks, seawalls, and boat lifts in the Residential Multiple Family Low Density (RML) zoning district require special exception approval by the Planning Board. Section 30-36(a) of the Town code states that the Planning Board may approve, approve with conditions, or deny a request for special exception relating to seawalls, bulkheads, retaining walls and accessory marine facilities. If the Planning Board approves the request, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department following such approval and prior to initiation of construction. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Staff reviewed the Applicant’s proposed request and finds that it is consistent with the special exception provisions of Section 30-36 of the Town Code, were applicable, and consistent with the Town Comprehensive Plan and Code of Ordinances. If the Planning Board should grant approval of the request, staff recommends the following condition of approval which is based on the Applicant’s plan set, date stamped received by the Building Department on December 14, 2023: 1.Contingent upon Town Commission approval of a land fill permit pursuant to Chapter 14 of the Town Code of Ordinances. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials FDEP approval ACOE approval HOA approval Applicant Plans (11X17) Page 280 Page 281 Page 282 STRUCTURE ORIGNALLY APPROVED REQUESTED CHANGE REASON FOR CHANGE EXISTING SEAWALL 275LF OF EXISTING SEAWALL TO REMAIN 172LF OF EXISTING SEAWALL TO REMAIN; 103LF OF EXISTING SEAWALL TO BE REMOVED 103LF PORTION OF EXISTING SEAWALL TO BE REMOVED WHERE NEW SEAWALL WILL BE STRAIGHTENING THE CANAL NEW SEAWALL 271LF OF NEW SEAWALL IN FRONT OF EXISTING 257LF OF NEW SEAWALL IN FRONT OF EXISTING 14LF NEW SEAWALL WILL STRAIGHTEN THE CANAL REDUCING THE TOTAL LENGTH OF NEW WALL EXISTING DOCK TO BE REMOVED 263LF OF EXISTING DOCK TO BE REMOVED 158LF OF EXISTING DOCK TO BE REMOVED; 104LF OF EXISTING DOCK REMOVED DURING INITIAL JOB COMMENCEMENT 104LF PORTION OF EXISTING DOCK WAS REMOVED PRIOR TO THIS MODIFICATION REQUEST DURING THE INITIAL JOB COMMENCEMENT NEW DOCK 262’ x 5’ 93’ x 5’ 169LF NO NEW DOCK WILL BE INSTALLED ALONG THE BEGINNING OF THE NEW SEAWALL REDUCING THE LENGTH OF THE NEW DOCK PIER REMOVED & REBUILT AS 30’ x 4’ REMOVED & REBUILT AS 30’ x 4’ NONE N/A LIFT TO BE REMOVED AND REINSTALLED TO BE REMOVED AND REINSTALLED NONE N/A NOTE REGARDING DOCK SQUARE FOOTAGE: THE PLANS INDICATE A DOCK SQUARE FOOTAGE OF 476SF, HOWEVER THE ABOVE DOCK DIMENSIONS CALCULATE TO 465SF. THE DIFFERENCE IS DUE TO THE SHAPE OF THE DOCK THAT INCLUDES CORNERS. A SIMPLE MULTIPLICATION OF THE TOTAL LENGTH AND WIDTH WILL NOT RESULT IN THE TOTAL AREA STATED, DUE TO THE CORNERS ALONG THE LENGTH OF THE DOCK. SIMPLE MULTIPLICATION OF THE LENGTH AND WIDTH WILL CAUSE SOME CORNERS TO BE DUPLICATED AND SOME CORNERS TO BE MISSED. THE TOTAL AREA WAS CALCULATED ELECTRONICALLY USING THE CAD PROGRAM THAT WAS USED TO DRAW THE PLANS. Page 283 4801 South Ocean Boulevard Palm Beach CountyNone 0 0.015 0.030.0075 mi 0 0.025 0.050.0125 km 1:1,128 Created by: Palm Beach Countyµ PROJECT AREA ------ - - - - -• • ----- PaPage 284 4801 South Ocean Boulevard • • PROJECT AREA --- - - - - - - - - - - - - --------------------- Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary Project Name: Boca Highland Dock and Seawall Permittee/Authorized Entity: Boca Highland Beach Club c/o Douglas Hillman 4801 South Ocean Blvd Highland Beach, FL 33487 Email: kande@bocahighland.com Authorized Agent: Isiminger & Stubbs Engineering, Inc. c/o Matt Butler Email: mbutler@coastal-engineers.com Environmental Resource Permit - Granted State-owned Submerged Lands Authorization – Not Applicable U.S. Army Corps of Engineers / Section 404 Authorization – Separate Authorization Required Permit No.: 50-196034-008-EM Modification of Permit No.: 50-196034-007-EI Permit Issuance Date: March 6, 2023 Permit Construction Phase Expiration Date: March 6, 2028 Page 292 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 2 of 12 Environmental Resource Permit Permit No.: 50-196034-008-EM PROJECT LOCATION The activities authorized by this Permit are located within a canal located off the Intracoastal Waterway, Class III Waters, adjacent to 4801 South Ocean Boulevard, Highland Beach (Section 09, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26°23'28.0634", Longitude W -80°3'59.6422”). PROJECT DESCRIPTION This permit authorizes the following activities: removal of an existing finger pier, mooring pile, 636 sq. ft. portion of existing marginal dock, and a 103 ln. ft. portion of existing seawall; installation of a 4 ft. by 30 ft. (120 sq. ft.) finger pier, a 476 sq. ft. marginal dock, and a new boatlift; installation of a new 257 ln. ft. seawall, a new seawall cap and backfill approximately 310 cubic yards to level land. This permit authorizes 1,426 ft² of work in surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. Mitigation is not required. The attached standard manatee conditions (version 2011) shall be adhered to during all in-water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one- foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book. Page 293 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 3 of 12 Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT The activities described must be conducted in accordance with: •The Specific Conditions •The General Conditions •The limits, conditions and locations of work shown in the attached drawings •The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit authorization, as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1)The attached project drawings (sheets 1 through 5); the Standard Manatee Conditions for In- Water Work, 2011; http://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pdf; and DEP forms, 62-330.310(1); 62-330.310(2); 62-330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. Page 294 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 4 of 12 If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). (2)If the attached permit drawings conflict with the specific conditions, then the specific conditions shall prevail. SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (3)After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre-construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department’s Compliance Assistance Program, by email SED_Compliance@FloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre-construction conference. (4)The permittee shall ensure that the permit conditions are explained to all construction personnel working on the project and for providing each contractor and subcontractor with a copy of this permit before the authorized work begins. (5)Prior to the initiation of any work authorized by this permit, floating turbidity curtains with weighted skirts that extend to within one foot of the bottom shall be placed around the project site, and shall be maintained and remain in place for the duration of the project construction to ensure that turbid discharges do not occur outside the boundaries of the floating turbidity screens. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES (6)There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands. (7)All watercraft associated with the construction of the permitted structure shall operate within waters of sufficient depth to preclude bottom scouring, prop dredging or damage to submerged bottom or submerged resources. During all construction activities, there shall be a minimum of 1-foot clearance between the draft of the construction vessel/barge and the submerged bottom. (8)The surrounding waterbody and marine resources located outside of the specific limits of construction, authorized by this permit, shall be protected from siltation, sedimentation, and/or scouring. Best management practices for turbidity and erosion control shall be implemented and maintained at all times during to prevent siltation and turbid discharges into the surface waters surrounding the project site. Page 295 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 5 of 12 (9)All wooden pilings used in construction of the dock shall be wrapped with an impervious membrane one-foot above the mean high-water line to one-foot below the substrate. (10)No dredging or filling of submerged grass beds or live bottom communities are authorized by this permit. SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS (11)Turbidity levels outside the construction area shall not exceed 29 NTU’s above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 29 NTUs above background: a.Notify the Department at (561) 681-6600 at the time the violation is first detected. b.Immediately cease all work contributing to the water quality violation. c.Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices. d.As required, perform turbidity monitoring per Specific Conditions. e.Resume construction activities once turbidity levels outside turbidity curtains fall below 29 NTUs. (12)Turbidity Monitoring: Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of the required turbidity control devices. Samples shall be taken every four hours until turbidity subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows: a.Approximately 100 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.) b.Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.) (13)Turbidity Monitoring Reports: During the construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above: a.Date and time of sampling event b.Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them) c.Description of data collection methods d.An aerial map indicating the sampling locations e.Depth of sample(s) f.Weather conditions at times of sampling g.Tidal stage and direction of flow Page 296 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 6 of 12 Data shall be collected in a turbidity log and shall include a statement by the individual responsible for implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to the Department’s ERP Compliance Assurance Program via email at SED_Compliance@FloridaDEP.gov. The subject line of the email shall include the project name, permit number, and the title “Turbidity Monitoring Reports.” SPECIFIC CONDITIONS – OPERATIONS (14)Vessels utilizing this structure shall maintain a minimum of one-foot clearance between the deepest draft of the vessel with the engine in the down position and the submerged bottom so as to preclude bottom scouring or prop dredging. SPECIFIC CONDITIONS – MANATEE CONDITIONS (15)The permittee shall comply with the standard manatee protection construction conditions listed in the attached “2011 Standard Manatee Conditions for In-Water Work”. (16)While performing backfilling, it is important to ensure that manatees or sea turtles do not become entrapped during sheet pile installation or gain access after the sheet pile has been installed and before filling work has been completed. If a manatee or sea turtle becomes entrapped, the area shall be opened to allow the manatee or turtle to leave of its own volition. It shall not be herded or harassed into leaving the area. (17)The Permittee shall install permanent manatee educational signs, which shall be maintained for the life of the facility, no later than 60 days after construction commencement. The number and types of signs, as well as the on-site locations shall be approved by FWC staff prior to installation. A proposal for FWC sign approval shall be submitted to ImperiledSpecies@MyFWC.com in accordance with information provided at http://www.myfwc.com/wildlifehabitats/managed/manatee/education-for-marinas/. Signs shall be replaced in accordance with FWC guidance by the Permittee if outdated, damaged or faded. SPECIFIC CONDITIONS – LISTED SPECIES (18)This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62 -330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. Page 297 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 7 of 12 (1)All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62 -330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2)A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3)Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4)At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. (5)Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6)Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a.For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. Page 298 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 8 of 12 (7)If the final operation and maintenance entity is a third party: a.Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b.Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8)The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9)This permit does not: a.Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b.Convey to the permittee or create in the permittee any interest in real property; c.Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d.Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10)Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. (11)The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12)The permittee shall notify the Agency in writing: a.Immediately if any previously submitted information is discovered to be inaccurate; and b.Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. Page 299 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 9 of 12 (13)Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14)If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15)Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16)The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17)This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18)A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Page 300 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 10 of 12 Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a)The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c)A statement of when and how the petitioner received notice of the agency decision; (d)A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e)A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f)A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g)A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. Page 301 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 11 of 12 Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Page 302 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 12 of 12 Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __________________________________ Norva Blandin, MSEM Permitting Program Administrator Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP – Norva Blandin MSEM, Jeffrey Meyer, Gabriela Munoz, Abigail Davis Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org Ashley La Vere, FFWCC, Ashley.LaVere@myfwc.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. March 6, 2023 Clerk Date Attachments: Project Drawings and Design Specs., 5 pages Standard Manatee Conditions for In-Water Work, 2011 Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit Form 62-330.310(3)* As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: https://floridadep.gov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource Page 303 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 1/24/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. Southeast District Permit Number 50-196034-008-EM Page 304 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 1/24/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. Southeast District Permit Number 50-196034-008-EM Page 305 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 1/24/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. Southeast District Permit Number 50-196034-008-EM Page 306 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 1/24/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. Southeast District Permit Number 50-196034-008-EM Page 99Page 307 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 1/24/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. Southeast District Permit Number 50-196034-008-EM Page 308 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a.All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c.Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d.All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e.Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772- 562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f.Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Questions concerning these signs can be sent to the email address listed above. Page 309 Page 310 Page 311 Page 312 Page 313 Page 314 Page 315 Page 316 Regulatory Division South Branch Palm Beach Gardens Section SAJ-2007-01043 (NWP/GP-KMM) Boca Highland Beach Club & Marina c/o Douglas Hillman 4801 South Ocean Boulevard Highland Beach, Florida 33487 Sent via email: kande@bocahighland.com and nutt3839@bellsouth.net Dear Douglas Hillman: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit, which the Corps received on December 6, 2022. Your application was assigned file number SAJ-2007- 01043(NWP/GP-KMM). A review of the information and drawings provided indicates that the proposed work would improve water access and shoreline stabilization for an existing 6-slip multi-family docking facility by conducting the following activities: 1.Removal of a 636 square foot portion of existing marginal dock, removal of an existing mooring pile, and removal of an existing finger pier; 2.Installation of 257 linear feet of seawall 19-22” waterward of the existing wetface to adjoin and uniformly align the seawall with a seawall cap and installation of king and batter piles; 3.After installation of 257 linear feet of seawall, removal of a portion of 103 linear feet of seawall resulting in a reconfiguration of existing slips within the marina; 4. Proposed 310 cubic yards (830 square feet) of backfill landward of the seawall after seawall installation; 5.Installation of a 476 marginal dock, installation of a 30-foot by 4-foot finger pier; 6. Replace existing boatlift The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water Act (33 U.S.C. § 1344). The project is located in the man-made basin directly connected to the Intracoastal Waterway, at 4801 S Ocean Blvd, in Section 09, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida. The aspect of your project involving the installation of 257 linear feet seawall and cap, installation of king and batter piles and proposed 310 cubic yards of backfill as depicted DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 July 24, 2023 Page 317 -2- on the attached drawings, is authorized by Nationwide Permit 13 (NWP-13), Bank Stabilization. The aspect of your project involving the removal of 103 linear feet resulting in a reconfiguration of the existing marina basin and slips as depicted on the attached drawings, is authorized by Nationwide Permit 28 (NWP-28), Modification of Existing Marinas. These verifications are valid until March 14, 2026. In order for these NWPs authorizations to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions, the Jacksonville District Regional Conditions, and the General and Project-Specific Special Conditions listed below. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Alternatively, you can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to view NWP information at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to select “Source Book” and then select “Nationwide Permits.” These files contain the description of the NWP authorization, the NWP general conditions, and the regional conditions, which apply specifically to this NWP verification. The aspect of your project involving the removal of the existing dock and piles, construction of the new marginal dock, installation of new docking structure and replacement of boatlift, as depicted on the attached drawings, is authorized by Regional General Permit (RGP) SAJ-20 and its subsequent modifications, if applicable. This RGP authorization is valid until March 28, 2028. Please access the Corps' Jacksonville District Regulatory Division Source Book webpage to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Once there select “Source Book” and then select “General Permits.” Then you will need to select the specific SAJ permit noted above. You must comply with ALL the RGP general and special, attached and/or incorporated by reference, and the Project Specific Special Conditions and General Conditions, listed below, or you may be subject to enforcement action. General Conditions (33 CFR PART 320-330): 1.The time limit for completing the work authorized by NWP-13 and NWP-28 ends on March 14, 2026. The time limit for completing the work authorized by RGP SAJ-20 ends on March 28, 2028. Page 318 -3- 2.You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3.If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4.If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5.If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6.You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Project Specific Special Conditions: The following project specific special conditions are included with this verification: 1.Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a.For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). b.For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019. The Permittee shall reference this permit number, SAJ-2007-01043 (NW/GP- KMM), on all submittals. Page 319 -4- 2.Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” Form (Attachment 2). 3.Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment 3) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 4.Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5.Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 4). The most recent version of the Manatee Conditions must be utilized. 6.Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Johnson’s seagrass and its critical habitat were delisted from the Endangered Species Act on May 16, 2022. Therefore, JAXBO PDCs required to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable to any project. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx Page 320 -5- JAXBO may be subject to revision at any time. The most recent version of the JAXBO must be utilized during the design and construction of the permitted work. 7.Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area. 8.Cultural Resources/Historic Properties: a.No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b.If, during permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps. c.Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and Page 321 -6- considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d.In the unlikely event that unmarked human remains are identified on non- federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100- meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps. 9.Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act. Jurisdictional Determination: A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. This letter of authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work Page 322 -7- as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Should you have any questions related to this NWP/RGP verification or have issues accessing the documents referenced in this letter, please contact Kaitlyn Mallett at the letterhead address above, via telephone at 561-545-4885, or via e-mail at Kaitlyn.M.Mallett@usace.army.mil. Sincerely, Kaitlyn Mallett Project Manager Enclosures Project Drawings Commencement Notification form Self-Certification Statement of Compliance form Standard Manatee Conditions for In-Water Work—2011 Cc: Matthew Butler, Isiminger & Stubbs Engineering mbutler@coastal-engineers.com Page 323 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-2007-01043(NW/GP-KMM) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to: SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). ___________________________________ ___________________________ (TRANSFEREE-SIGNATURE) (SUBDIVISION) ___________________________________ _________ ____________ (DATE) (LOT) (BLOCK) __________________________ ___________________________________ (STREET ADDRESS) (NAME-PRINTED) ___________________________________ ___________________________________ (MAILING ADDRESS) ___________________________________ (CITY, STATE, ZIP CODE) Page 324 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 12/6/2022 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 1 of 5 07/24/2023 Page 325 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 12/6/2022 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 2 of 5 07/24/2023 Page 326 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 12/6/2022 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 3 of 5 07/24/2023 Page 327 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 12/6/2022 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 4 of 5 07/24/2023 Page 328 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 12/6/2022 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 5 of 5 07/24/2023 Page 329 COMMENCEMENT NOTIFICATION Within ten (10) day s of initiating the authorized work, submit this form to via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1.D epartment of the Army Permit Number : SAJ- - ( - ) 2.Permittee Information: Nam e: __________________________________________ Em ail: __________________________________________ Addr ess: __________________________________________ __________________________________________ Phone: __________________________________________ 3.Construction Start Date: ______________________ 4.Contact to Schedule Inspection: Nam e: __________________________________________ Em ail: __________________________________________ Phone: __________________________________________ ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date Page 330 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1.Department of the Army Permit Number: SAJ--( -) 2.Permittee Information: Name: ____________________________________________ Email: ____________________________________________ Address: __________________________________________ __________________________________________ Phone: ___________________________________________ 3.Date Authorized Work Started: _________________ Completed: _______________ 4.Contact to Schedule Inspection: Name: ____________________________________ Email: ____________________________________ Phone: ___________________________________ 5.Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6.Acreage or Square Feet of Impacts to Waters of the United States: _________________ 7.Describe Mitigation completed (if applicable): __________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 8.Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date Page 331 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a.All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c.Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d.All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e.Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f.Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 332 CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Page 344 Page 345 Page 346 File Attachments for Item: C. 2023-2024 Strategic Priorities Plan Update and Review Page 347 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE February 6, 2024 SUBMITTED BY: Town Manager’s Office SUBJECT: 2023-2024 Strategic Priorities Plan Update and Review SUMMARY: At the beginning of each year, the Town Commission reviews the Strategic Priorities Plan to discuss the current statuses of projects and initiatives. Enclosed please find the 2023 Strategic Priorities Plan including Ranked Projects & Initiatives. During the discussion, the Commission will add any new projects and begin to prioritize the projects for the upcoming year. FISCAL IMPACT: N/A ATTACHMENTS: TOHB 2023 Strategic Priorities Plan (February 2024) TOHB 2023 Strategic Priorities: Ranked Projects and Initiatives List RECOMMENDATION: Commission review and discussion. Page 348 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH TOWN OF HIGHLAND BEACH 2023 STRATEGIC PRIORITIES PLAN FEBRUARY 2024 (This is a working document) OUR VISION: The Town of Highland Beach is a beautiful safe harbor in paradise whose residents never leave. OUR MISSION: To provide exceptional governance and municipal services, in partnership with our residents, in a fiscally responsible manner with an emphasis on planning for the future. OUR MOTTO: “3 Miles of Paradise” OUR VALUES: Help citizens live a better life by providing a safe and secure community. Inclusiveness – we respect people, value diversity and are committed to equality. Give exceptional citizen service. Honor public trust through ethical behavior, transparency a nd servant leadership. Lead with integrity at every level. Assure fiscal responsibility and accountability. Nurture and respect our natural environment. Deliver services through collaborated efforts and coordinated actions. Page 349 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH STRATEGIC PRIORITIES This strategic priority plan identifies ranked community projects and initiatives within four (4) operational categories. These projects and initiatives are classified as “Commenced” and “Planned” based on their implementation status and/or schedule. The strategic priority plan is a dynamic and simple document that serves as a decision-making tool to be updated on a quarterly basis via reports to the Town Commission. The plan is intrinsically linked to the annual operating budget which commits funds to complete the projects and initiatives identified. Completing a project and/or initiative leads to attaining the operational category goal for each and leads to fulfilling mission and vision of the Town. Organizational Excellence Strengthen the Town’s ability to strategically, and effectively, deliver municipal services in a fiscally responsible, collaborative, inclusive and innovative manner. Projects/Initiatives: SP 1: Labor Negotiations PBA Collective Bargaining Agreement FY 2023 – 2026 FOP Collective Bargaining (General Employees) FY 2023-2026 Description: Negotiation of new bargaining agreements with our two existing employee unions. The process traditionally takes 3 to 6 months concluding with ratification by the Town Commission. Progress: Completed. SP 3: State Appropriations Description: Requests for state financial assistance for capital improvement and planning projects. Annually evaluate town operations and capital improvement plan for opportunities for appropriation requests and/or grants. Progress: Completed for FY 2023 (awarded $250,000 for Lift Station Rehabilitation) and appropriation requests submitted and sponsored for FY 2024 projects include: (1) sanitary sewer lining project and (2) lift station rehabilitation. SP 5: Charter Review/Amendments—Funding Limitations Description: Annual review and consideration of necessary charter revisions and/or amendments to ensure effective and efficient town operations consistent with best management practices. This project also involves evaluation of the previous charter amendments with focus on funding limitation question. Progress: Commission has included referendum language on the March 2024 election. 1. Financing a Sanitary Sewer Lining Rehabilitation Project. 2. Raising the Current Funding Limitation. 3. Ability to Designate Election Canvassing Duties to Palm Beach County. Page 350 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 9: Canvassing Board (Charter Amendment) Description: The Town Commission to review the implications and liability around allowing a county canvassing board versus a local canvassing board as the County Supervisor of Elections is moving away from supporting local canvassing boards. The Highland Beach canvassing board composition is stipulated within the charter; therefore, a change of board composition requires a charter amendment approved by voters. Progress: Commission approved ballot questions for the March 2024 election. (See SP:5) SP 10: Communication & Community Engagement Description: Actively communicate with the public through multiple mediums and platforms to ensure the community receives timely value-added communications regarding town business and affairs. Also, plan community events. Progress: Ongoing. The town has launched a website design project with CivicPlus to improve navigation, usability, and content access. The Manager’s Office sends out a weekly news flash, the Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates to Facebook. The Manager’s Office is evaluating the value of using polls, surveys and other social media platforms. SP 14: Financial Management Systems Description: The Finance Department in partnership with the Manager’s Office is updating the town’s investment policy, constructing a dynamic 5-year financial forecast model and development a more effective budget document. Also included in this project is the update to the purchasing policy. Progress: The 5-year financial forecast model completed -- April 2023 and will be updated annually as part of the budget process. Additionally, intermittent updates may be made based on changes to economic conditions, state mandated services and/or operational modifications. The Purchasing Policy update completed – October 2023. The investment policy update is scheduled for the Spring of 2024 and the enhanced strategic budget document will be used for the FY 2024 budget cycle. SP 23: Public Record Digitization/Management Project Description: This project is the digitization of historical, hard copy records and documents. Progress: Seventy-five thousand (75,000) records digitized to date and the goal is to digitize all historical records by end of 2024 and create a policy governing record management moving forward. Policy is drafted and under administrative review. Departments: Town Manager’s Office Highland Beach Fire Rescue Department Finance Department Clerks’ Office IT Consultant Page 351 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Advisory Board(s): Financial Advisory Board Public Infrastructure & Resiliency Ensure that Town managed and maintained facilities, infrastructure and public places are afforded appropriate attention, maintenance, repairs, and upgrades. Projects/Initiatives: SP 4: A1A Highway RRR Project Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project is completed with limited and controlled disruptions to the community. The project includes needed drainage improvements, paved shoulder enhancements to accommodate cyclists and embedded crosswalk lighting. Progress: FDOT has held public education meetings and awarded construction contract. Public construction outreach meeting scheduled for March 7, 2024. FDOT is reviewing traffic control strategies to limit disruptions. Work tentatively scheduled to commence May 2024 with construction lasting 12 to 15 months. SP 6: Solid Waste and Recycling Collection Contract Description: The existing solid waste collection and disposal contract is set to expire May 31, 2023. A request for proposal (RFP) for a new contract must be advertised and reviewed with award recommendations sent to the Town Commission for consideration. The solid waste contract includes recycling, yard waste and bulk item collection (and disposal) twice per week with specialized container service for condominium buildings. Progress: Complete. Contract awarded to Waste Management. SP 8: Marine Accessory Structures Ordinance Amendment(s) Description: Conduct an in-depth review of all ordinance provisions related to the installation and construction of marine accessory structures to ensure they are appropriate for waterfront property owners. The review shall include a public engagement process. The project is being facilitated by the Planning Board, ordinance sponsor and staff at the direction of the Town Commission. Progress: Ordinance stakeholder group drafted amendment concepts that were presented at three public workshops in December 2022. The Town Commission directed the Planning Board to evaluate public review comments when drafting amendments for Commission consideration. The Planning Board is currently reviewing the comments and amendments to return to the Commission for their final adoption. SP 13: Zoning District Evaluation (Density) Page 352 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Description: The Town Commission has directed to the Planning Board to commence a public review process of the permitted zoning densities of each zoning district within the town to see if it is appropriate to revise to preserve town character, accommodate redevelopment and protect property values. Progress: The Planning Board has commenced its discussion of the public engagement process. The Commission has temporarily suspended further review pending Milani Park Project and “Live Local” legislative modifications. SP 18: Town Entry Signs (A1A) Description: The two existing town entry signs have deteriorated and need to be replaced. Progress: The commission has solicited resident input via a design contest which closed on February 6, 2023. Architectural design was completed in November 2023. Request for Proposals (RFP) issued, and bids accepted and reviewed January 2024. Target completion late winter 2024. Departments: Highland Beach Fire Rescue Department Public Works Department Town Planner Town Manager’s Office Finance Department Advisory Board(s): Financial Advisory Board Planning Board Community Safety Proactively plan for and responsively maintain a safe and resilient community focused on visibility, awareness and care for residents and visitors. Projects/Initiatives: SP 2: Fire Rescue Department Implementation Description: Multi-year project that involves the establishment of the town’s first fire rescue department. Project involves contract termination with the City of Delray Beach, securing charter funding authorization, obtain COCPN/State Licenses, organizational expansion (HR), recruitment of fire rescue personnel, procurement of apparatus and special equipment, development of EMS and Fire policies and protocols, and Fire Station Construction. Progress: Commenced in FY 2021. Targeted completion May 1, 2024. Major Projects Elements: (1) Secure Charter Funding Approval $10 million (Complete); (2) Hire Fire Chief (Complete); (3) Secure Medical Director (Complete); (4) Obtain COCPN (Complete); Page 353 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH (5) Fire Station Construction (Target Completion March 2024-TCO); (6) HR/Risk Management (Complete); (7) Veteran’s Memorial Design/Location (preliminary concept completed); (8) Recruit and hire Fire/Paramedics, Driver/Engineers ad Captains (Started June 2023). It is important to note that the aforementioned project components are not an exhaustive list and that many other related tasks exist. SP 7: Building Recertification Program (Senate Bill 4D) Description: The Town Commission has expressed concerns with the state law as it requires significant capital reserves for condominium/threshold buildings that accompany a building recertification program. The Commission also has concerns related to the time provided to address any deficiencies discovered during the inspection process. Progress: The Commission amended ordinance to include the state mandated changes. Several buildings have been recertified. SP 15: Home Occupation Ordinance Provisions Description: House Bill 403 which became effective July 1, 2021, prohibits local governments from taking certain actions relating to the licensure and regulation of home-based businesses, specifies conditions under which a business is considered a home-based business, authorizes home-based businesses to operate in areas zoned for residential use if the business meets certain criteria, specifies that home-based businesses are subject to certain business taxes and authorizes adversely affected current or prospective home-based business owners to challenge certain local government actions in violation of the statute. The current “home occupation” regulations provided in Chapter 30 need to be revised to be compliant with Florida Statutes. Progress: Draft revisions have been completed by staff and will be presented to the Planning Board and Town Commission in the summer 2024. No other progress to date. SP 16: Temporary Sign Ordinance Review Description: The Town Commission has directed staff to update the ordinance provisions related temporary signs with a focus on political signs and real estate signs. Progress: Target start date is fall 2024. No progress to date. SP 21: Water Tower Lease Description: Sprint/T-Mobile cellular equipment exists on the town’s elevated water tank, and it is set to expire in 2025. Additionally, other providers have reached out with potential interest in installing cellular equipment. The commission needs to consider granting an extension and/or develop a policy on the use of the water tower. Progress: Extension of Sprint/T-Mobile Contract approved with improved conditions and higher, annually adjusted rental rates. No formal policy discussions. Page 354 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Departments: Police Department Building Department/Code Enforcement Town Planner Highland Beach Fire Rescue Department Town Manager’s Office Advisory Board(s)/Community Support Group(s): Planning Board Board of Appeals and Adjustments Code Enforcement Board Highland Beach Police Foundation Community Enrichment & Sustainability Recognize the vital role Highland Beach’s natural resources play in a healthy community and implement projects and policies that sustain them. Support residents’ desire for community services and programs that enhance personal growth, knowledge and quality of life. Projects/Initiatives: SP 11: Sea Turtle Lighting Ordinance Description: Develop lighting standards and provisions within the Town Code of Ordinances to protect and enhance sea turtle habitat and nesting activities on our beaches. The town currently has limited lighting provisions. Progress: Updated sea turtle lighting standards and provisions have been written by staff and are consistent with best management practices and state guidelines. The Town Commission directed review of the draft standards and provisions to the Natural Resource Preservation Advisory Board (NRPAB) and Planning Board. The NRPAB and the Planning Board have recommended for approval. The draft has been considered and modified by the Commission at several noticed meeting and is scheduled for a Second Read in February 2024. SP 12: Dune Restoration & Management Description: The Town Commission assigned the Natural Resource Preservation Advisory Board (NRPAB) to work with staff to educate the public on the importance of dune restoration and management. Additionally, the commission directed staff to obtain a proposal from coastal engineering firm to update the 2013 Beach Erosion Study, and that the study identify dune areas in need of restoration. Progress: The Commission directed the Town Manager’s office to update the 2013 Beach Feasibility Study, which is being done. The final report is under review by staff and should be available for Commission/Public Review in March 2024. SP 17: Seawall Ordinance Review (Height/BFE) (Marine facilities) Page 355 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Description: The recent FEMA flood insurance rate map (FIRM) increased the base flood elevation (BFE) for the town. The BFE is the target height for seawalls and the town does not have a maximum seawall height. Based on existing ordinance requirements, seawall height has started to create concerns amongst waterfront property owners. Therefore, ordinance provisions regarding seawall height may need to be modified. Progress: Considered as part of the modifications to Marine Accessory Structures Ordinance Amendments (SP 8) SP 19: Milani Park Description: Continue to work with Palm Beach County Administration and Parks and Recreation Department along with County Commissioner on the future development of the Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the park and the timing of construction. The county has one more 5-year extension. Progress: The Mayor and the Town Manager have met and will continue to meet as needed with the county staff and county commissioner to express town concerns over the park development. County Administration has authorized commencement on the project. Item is a standing item on Commission agendas. A public meeting has been scheduled for February 1st at 6:00 P.M in the Highland Beach Library. The Town has assembled a consulting team to assist as directed. The Commission is considering a resolution opposing the project and developing a formal partnership with the Milani Family. SP 20: Intracoastal Waterway (Speed Control) Description: Community concerns exist regarding the safety of the intracoastal waterway, and the town needs to take an active role in its management. Progress: Ongoing. The Marine Unit of the Police Department started in March of 2022 to improve boater safety by enforcing existing speeds, educating boaters, and heightening intracoastal presence. The police department will collect data and information that can be utilized by all stakeholders in the future to lower speeds and wakes in the intracoastal. The town will continue to meet with our neighboring communities and stakeholders to form partnerships to manage this critical resource. SP 22: Gas-Powered Leaf Blower Regulations Description: Community concern has surfaced over the continued use of gas-powered leaf blowers within the community based on noise, pollution, and personal health. Progress: No progress. Departments: Town Planner Highland Beach Library Town Manager’s Office Advisory Board(s)/Community Support Groups: Natural Resources Preservation Advisory Board Page 356 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Planning Board Friends of the Library Library Volunteers Emerging Issues The following emerging issues may require action by the community in the short-term planning horizon resulting in the creation of a new project/initiative or require re-prioritization of existing projects/initiatives. The emerging issues include: • Aging/Underbuilt Infrastructure, Facilities & Structures • A1A Drainage/Flooding Issues • Climate Change/Sea Level Rise effect upon Intracoastal Waterways • Outdated Management Systems • American Disabilities Act (ADA) Requirements • Inflation/Recessionary Concerns • Charter Spending Limits • Property Insurance • Affordability/Cost of Living Action Planning The successful implementation of the projects and initiatives defined in the strategic priorities plan is contingent upon the development of an action plan. The action plan must provide clear direction with the ordered tasks/steps needed with target completion dates along with resources needed to complete the project. The plan shall identify those responsible for completing the steps and tasks and monitoring the progress of the project. As a project or initiative identified in the Strategic Priorities Plan moves from the “Planned” stage to “Commenced” stage, an action plan will be created by the assigned department. The action plan shall include: • A well-defined description of the project/initiative to be completed; and, • Tasks/steps that need to be carried out to complete the project/initiative; and, • Department/Employee who will be in charge of carrying out each task; and, • When will these tasks be completed (deadlines and milestones); and, • Resources needed to complete the tasks; and, • Measures to evaluate progress. The assigned department shall forward its action plan to the Town Manager for review and approval. Once approved, the action plan will be posted on the Town website and will be updated on a monthly basis. It is important to note that some project may require a more complex action plan based on the scope of the project/initiative. The Action Plan Template is attached for reference. Page 357 2023-2024 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Strategic Priorities: Completed Projects & Initiatives List Fiscal Year 2020 1. PBA Collective Bargaining Agreement 2020 - 2023 2. FOP Collective Bargaining/General Employees 2020-2023 3. Sanitary Sewer Collection System Evaluation -- CCTV 4. FY 2020-2025 Water & Sewer Rate Study 5. Crosswalk Enhancement Project – Pedestrian Activated Signs/Flashers 6. Install ERP IT System: BS&A Modules Permitting, GL, Fixed Assets, Cash Receipting, AP/AR, PO, Utility Billing 7. Define Purchasing/AP/AR Process, Roles & Responsibilities 8. Update Building Administrative Code Section -- 7th Edition of Florida Building Code: 9. Complete Salary Table & Job Description Update 10. Implement Geographic Information System (GIS) & Expand Capacity 11. Southeast Palm Beach County Coastal Resiliency Partnership & Climate Vulnerability Assessment 12. Bucket Tree Pilot Program Fiscal Year 2021 1. Charter Review Process 2. Study Alternate Fire Rescue Service Models 3. Building Recertification Ordinance/Program 4. Crosswalk Enhancement Project – Overhead Lighting 5. Police Department – Marine Unit Formation 6. As-built drawing for Municipal Complex project 7. Right-of-Way (ROW) Disruption Ordinance 8. Town Hall Building Improvements 9. Fire Rescue Services Implementation PR Campaign, Retain Fire Rescue Services Consultants; Retain Medical Director and Assistant Medical Director; Election; Retain architect for fire station design; Commenced fire station design process; Development of Medical Protocols; EMS vehicle selection; Execution of fire services dispatch agreement; Preparation of COCPN and State EMS application documents 10. FY 2020-2025 Water & Sewer Rate Study Update Fiscal Year 2022 1. Veterans’ tab on Town’s website 2. Police Department Accreditation (incl. Marine Unit) 3. Fund Balance Guidelines/Policy Revision 4. Property Rights Element – Comprehensive Plan Update 5. Building Permit Discount Page 358 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Strategic Priorities (SP): Ranked Projects & Initiatives List SP 1: Labor Negotiations PBA Collective Bargaining Agreement FY 2023 – 2026 FOP Collective Bargaining (General Employees) FY 2023-2026 Description: Negotiation of new bargaining agreements with our two existing employee unions. The process traditionally takes 3 to 6 months concluding with ratification by the Town Commission. Progress: Completed. SP 2: Fire Rescue Department Implementation Description: Multi-year project that involves the establishment of the town’s first fire rescue department. Project involves contract termination with the City of Delray Beach, securing charter funding authorization, obtain COCPN/State Licenses, organizational expansion (HR), recruitment of fire rescue personnel, procurement of apparatus and special equipment, development of EMS and Fire policies and protocols, and Fire Station Construction. Progress: Commenced in FY 2021. Targeted completion May 1, 2024. Major Projects Elements: (1) Secure Charter Funding Approval $10 million (Complete); (2) Hire Fire Chief (Complete); (3) Secure Medical Director (Complete); (4) Obtain COCPN (Complete); (5) Fire Station Construction (Target Completion March 2024-TCO); (6) HR/Risk Management (Complete); (7) Veteran’s Memorial Design/Location (preliminary concept completed); (8) Recruit and hire Fire/Paramedics, Driver/Engineers ad Captains (Started June 2023). It is important to note that the aforementioned project components are not an exhaustive list and that many other related tasks exist. SP 3: State Appropriations Description: Requests for state financial assistance for capital improvement and planning projects. Annually evaluate town operations and capital improvement plan for opportunities for appropriation requests and/or grants. Progress: Completed for FY 2023 (awarded $250,000 for Lift Station Rehabilitation) and appropriation requests submitted and sponsored for FY 2024 projects include: (1) sanitary sewer lining project and (2) lift station rehabilitation. SP 4: A1A Highway RRR Project Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project is completed with limited and controlled disruptions to the community. The project includes needed drainage improvements, paved shoulder enhancements to accommodate cyclists and embedded crosswalk lighting. Page 359 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Progress: FDOT has held public education meetings and awarded construction contract. Public construction outreach meeting scheduled for March 7, 2024. FDOT is reviewing traffic control strategies to limit disruptions. Work tentatively scheduled to commence May 2024 with construction lasting 12 to 15 months. SP 5: Charter Review/Amendments—Funding Limitations Description: Annual review and consideration of necessary charter revisions and/or amendments to ensure effective and efficient town operations consistent with best management practices. This project also involves evaluation of the previous charter amendments with focus on funding limitation question. Progress: Commission has included referendum language on the March 2024 election. 1. Financing a Sanitary Sewer Lining Rehabilitation Project. 2. Raising the Current Funding Limitation. 3. Ability to Designate Election Canvassing Duties to Palm Beach County. SP 6: Solid Waste and Recycling Collection Contract Description: The existing solid waste collection and disposal contract is set to expired May 31, 2023. A request for proposal (RFP) for a new contract must be advertised and reviewed with award recommendations sent to the Town Commission for consideration. The solid waste contract includes recycling, yard waste and bulk item collection (and disposal) twice per week with specialized container service for condominium buildings. Progress: Complete. Contract awarded to Waste Management. SP 7: Building Recertification Program (Senate Bill 4D) Description: The Town Commission has expressed concerns with the state law as it requires significant capital reserves for condominium/threshold buildings that accompany a building recertification program. The Commission also has concerns related to the time provided to address any deficiencies discovered during the inspection process. Progress: The Commission amended ordinance to include the state mandated changes. Several buildings have been recertified. SP 8: Marine Accessory Structures Ordinance Amendment(s) Description: Conduct an in-depth review of all ordinance provisions related to the installation and construction of marine accessory structures to ensure they are appropriate for waterfront property owners. The review shall include a public engagement process. The project is being facilitated by the Planning Board, ordinance sponsor and staff at the direction of the Town Commission. Progress: Ordinance stakeholder group drafted amendment concepts that were presented at three public workshops in December 2022. The Town Commission directed the Planning Board to evaluate public review comments when drafting amendments for Commission consideration. Page 360 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH The Planning Board is currently reviewing the comments and amendments to return to the Commission for their final adoption. SP 9: Canvassing Board (Charter Amendment) Description: The Town Commission to review the implications and liability around allowing a county canvassing board versus a local canvassing board as the County Supervisor of Elections is moving away from supporting local canvassing boards. The Highland Beach canvassing board composition is stipulated within the charter; therefore, a change of board composition requires a charter amendment approved by voters. Progress: Commission approved ballot questions for the March 2024 election. (See SP:5) SP 10: Communication & Community Engagement Description: Actively communicate with the public through multiple mediums and platforms to ensure the community receives timely value-added communications regarding town business and affairs. Also, plan community events. Progress: Ongoing. The town has launched a website design project with CivicPlus to improve navigation, usability, and content access. The Manager’s Office sends out a weekly news flash, the Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates to Facebook. The Manager’s Office is evaluating the value of using polls, surveys and other social media platforms. SP 11: Sea Turtle Lighting Ordinance Description: Develop lighting standards and provisions within the Town Code of Ordinances to protect and enhance sea turtle habitat and nesting activities on our beaches. The town currently has limited lighting provisions. Progress: Updated sea turtle lighting standards and provisions have been written by staff and are consistent with best management practices and state guidelines. The Town Commission directed review of the draft standards and provisions to the Natural Resource Preservation Advisory Board (NRPAB) and Planning Board. The NRPAB and the Planning Board have recommended for approval. The draft has been considered and modified by the Commission at several noticed meeting and is scheduled for a Second Read in February 2024. SP 12: Dune Restoration & Management Description: The Town Commission assigned the Natural Resource Preservation Advisory Board (NRPAB) to work with staff to educate the public on the importance of dune restoration and management. Additionally, the commission directed staff to obtain a proposal from coastal engineering firm to update the 2013 Beach Erosion Study, and that the study identify dune areas in need of restoration. Progress: The Commission directed the Town Manager’s office to update the 2013 Beach Feasibility Study, which is being done. The final report is under review by staff and should be available for Commission/Public Review in March 2024. Page 361 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 13: Zoning District Evaluation (Density) Description: The Town Commission has directed to the Planning Board to commence a public review process of the permitted zoning densities of each zoning district within the town to see if it is appropriate to revise to preserve town character, accommodate redevelopment and protect property values. Progress: The Planning Board has commenced its discussion of the public engagement process. The Commission has temporarily suspended further review pending Milani Park Project and “Live Local” legislative modifications. SP 14: Financial Management Systems Description: The Finance Department in partnership with the Manager’s Office is updating the town’s investment policy, constructing a dynamic 5-year financial forecast model and development a more effective budget document. Also included in this project is the update to the purchasing policy. Progress: The 5-year financial forecast model completed -- April 2023 and will be updated annually as part of the budget process. Additionally, intermittent updates may be made based on changes to economic conditions, state mandated services and/or operational modifications. The Purchasing Policy update completed – October 2023. The investment policy update is scheduled for the Spring of 2024 and the enhanced strategic budget document will be used for the FY 2024 budget cycle. SP 15: Home Occupation Ordinance Provisions Description: House Bill 403 which became effective July 1, 2021, prohibits local governments from taking certain actions relating to the licensure and regulation of home-based businesses, specifies conditions under which a business is considered a home-based business, authorizes home-based businesses to operate in areas zoned for residential use if the business meets certain criteria, specifies that home-based businesses are subject to certain business taxes and authorizes adversely affected current or prospective home-based business owners to challenge certain local government actions in violation of the statute. The current “home occupation” regulations provided in Chapter 30 need to be revised to be compliant with Florida Statutes. Progress: Draft revisions have been completed by staff and will be presented to the Planning Board and Town Commission in the summer 2024. No other progress to date. SP 16: Temporary Sign Ordinance Review Description: The Town Commission has directed staff to update the ordinance provisions related temporary signs with a focus on political signs and real estate signs. Progress: Target start date is fall 2024. No progress to date. SP 17: Seawall Ordinance Review (Height/BFE) (Marine facilities) Page 362 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Description: The recent FEMA flood insurance rate map (FIRM) increased the base flood elevation (BFE) for the town. The BFE is the target height for seawalls and the town does not have a maximum seawall height. Based on existing ordinance requirements, seawall height has started to create concerns amongst waterfront property owners. Therefore, ordinance provisions regarding seawall height may need to be modified. Progress: Considered as part of the modifications to Marine Accessory Structures Ordinance Amendments (SP 8) SP 18: Town Entry Signs (A1A) Description: The two existing town entry signs have deteriorated and need to be replaced. Progress: The commission has solicited resident input via a design contest which closed on February 6, 2023. Architectural design was completed in November 2023. Request for Proposals (RFP) issued, and bids accepted and reviewed January 2024. Target completion late winter 2024. SP 19: Milani Park Description: Continue to work with Palm Beach County Administration and Parks and Recreation Department along with County Commissioner on the future development of the Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the park and the timing of construction. The county has one more 5-year extension. Progress: The Mayor and the Town Manager have met and will continue to meet as needed with the county staff and county commissioner to express town concerns over the park development. County Administration has authorized commencement on the project. Item is a standing item on Commission agendas. A public meeting has been scheduled for February 1st at 6:00 P.M in the Highland Beach Library. The Town has assembled a consulting team to assist as directed. The Commission is considering a resolution opposing the project and developing a formal partnership with the Milani Family. SP 20: Intracoastal Waterway (Speed Control) Description: Community concerns exist regarding the safety of the intracoastal waterway, and the town needs to take an active role in its management. Progress: Ongoing. The Marine Unit of the Police Department started in March of 2022 to improve boater safety by enforcing existing speeds, educating boaters, and heightening intracoastal presence. The police department will collect data and information that can be utilized by all stakeholders in the future to lower speeds and wakes in the intracoastal. The town will continue to meet with our neighboring communities and stakeholders to form partnerships to manage this critical resource. SP 21: Water Tower Lease Description: Sprint/T-Mobile cellular equipment exists on the town’s elevated water tank, and it is set to expire in 2025. Additionally, other providers have reached out with potential interest in Page 363 2023 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH installing cellular equipment. The commission needs to consider granting an extension and/or develop a policy on the use of the water tower. Progress: Extension of Sprint/T-Mobile Contract approved with improved conditions and higher, annually adjusted rental rates. No formal policy discussions. SP 22: Gas-Powered Leaf Blower Regulations Description: Community concern has surfaced over the continued use of gas-powered leaf blowers within the community based on noise, pollution, and personal health. Progress: No progress. SP 23: Public Record Digitization/Management Project Description: This project is the digitization of historical, hard copy records and documents. Progress: Seventy-five thousand (75,000) records digitized to date and the goal is to digitize all historical records by end of 2024 and create a policy governing record management moving forward. Policy is drafted and under administrative review. Annual Review 1. Water and Sewer Rates 2. Charter Review Page 364 --� o ndot + -�44)m �i a ck a- ( 1 HLB Commission Meeting February 6, 2024 Let's look at the proposals of this "Unique" property that Commissioner Woodward says we have here in this town. Yes, it is unique but not for a public beach park. Commissioner Woodward compares this parcel to Hammond Park in Ocean Ridge which has much different characteristics than Milani. Let's look at this proposed Milani Park versus Hammond Beach Park. Beaches- Yamato Rock occupies 58 Meters of the total beach length of 123 Meters. Hammond Beach is 330 Meters in length. Hence the proposed Milani Beach Park is about 20% of the swimmable beach of Hammond Park which has no limitations of its beach for swimming. This beach will have warnings not to swim signs. At high tide there is virtually no beach left at Milani. Beach goers at Milani will have to go north or south for swimmable beach at high tide. . Visitors to this site will be using the beach front of HLB resident homes. NOTE-This was addressed by the majority of our residents at the public meeting with NO Response re this limited dangerous limited size beach. Demographics- Air photos of Milani vs Hammond- note there are thirteen condo towers within 1500 feet of Milani property (11 within 1000 feet). These thirteen towers comprise 1407 Units hence thousands of people adjacent to proposed parking lot. Yes, parking lot as there is no room on this property for swimming. NOTE- This was brought up at the public meeting with NO Response from county staff. Stormwater-From County Project History- Year 2000- A property survey revealed an 8- to-12-foot encroachment on the western boundary of the parcel, which contained an asphalt driveway, utility boxes and a fence. The County moved to formalize encroachments with a non-exclusive permanent easement in exchange for the Condominium granting the County a temporary construction easement and permanent drainage easement granting "positive outfall (critical for future park development)". If you Google positive outfall, you'll find out it means gravity flow. For those who have been around the last five years remember one of the problems for the proposed bond issue which that they were also going to do gravity flow to the Intercoastal. At high tide the proposed Outfall for this proposed project would be underwater in the Intercoastal and would not function. Since the county stated that Positive outflow or gravity flow was critical for future park development, I do not understand why they are continuing with development of this site. I might also point out that during public hearings with Florida Department Transportation re A1A we asked them if they would be addressing the runoff issues for proposed Milani Park, and they indicated a firm no. NOTE- This was brought up at the public meeting with NO Response from county staff. Jack Halpern � A yk4 m Tel 4 / get., � t U ¢ it y,w YfY d e , R a, s u f ' � s r � � ,� lD � f 4 �W 4 `: -To wtj COMM , q. Scenario l` Purchase Price $ 15,000,000 $ 20,000,000 $ 25,000,000 Closing Cost (10%) 1,500,000 2,000,000 2,500,000 Loan Value $ 16,500,000 $ 22,000,000 $ 27,500,000 Term (Yrs) 30 30 30 Rate (Yrs) 5% 5% 5% Pmt ($1,073,349) ($1,431,132) ($1,788,914) Est. Millage Impact FY2024 Oper Millage 3.2190 3.2190 3.2190 3.2190 Fire Debt Millage in oper 0.1992 0.1992 0.1992 0.1992 Debt Millage 0.1693 0.1693 0.1693 0.1693 Milani Park Scenario Millage 0.0000 0.3158 0.4210 0.5263 Total Millage 3.5875 3.9033 4.0085 4.1138 % Incr in Millage 9% 12% 15% Estimated Taxable Value $3,540,688,114 Taxable Value in Mills * 3,540,688 * Only Budget upto 96%of TV Federal Reserve Economic Data Original Data Value Series Id: CUURA320SAO Not Seasonally Adjusted Series Title: All items all urban consumers,not seasonally Area: Miami-Fort Lauderdale-West Palm Beach,FL Item: All items Base Period: 1982-84=100 Years: 1987 to 2023 CPI-MSA Miami-Ft Laud-WP Beach Annual YOY% 400.000 12.00% Year Avg Chng 1987 112.767 350.000 10 0D% 1988 116.617 3.4% 300.000 8.00% 1989 121.367 4.1% 1990 127.683 5.2% 250.000 6.00% 1991 132.183 3.5% 200.000 1992 134.367 1.7% 4.00% 1993 139.000 3.4% 150.000 1994 143.367 3.1% 100.000 2.00% 1995 148.667 3.7% 0.00% 1996 153.400 3.2% so.000 1997 158.529 3.3% 0.000 -2.00% 1998 160.600 1.3% O888 go � � wa � m � w oo " Nw V� W l�0 O N W A V�i Owl J W O 1999 162.600 1.2% 2000 168.050 3.4% �AnnualAvg YOY%Chng 2001 173.167 3.0% 2002 175.750 1.5% 2003 180.733 2.8% 2004 185.850 2.8% MSA CP Index 2005 194.700 4.8% Index Year Value 2006 204.267 4.9% 112.767 1987 $3,900,000 2007 212.886 4.2% 336.486 2023 1$11,637,246 Estimated Inflation Value 2008 222.164 4.4% 198.4% 2009 221.580 -0.3% 2010 223.144 0.7% 2011 231.139 3.6% 2012 235.343 1.8% 2013 238.363 1.3% 2014 243.283 2.1% 2015 245.743 1.0% 2016 250.256 1.8% 2017 256.721 2.6% 2018 265.622 3.5% 2019 270.073 1.7% 2020 272.364 0.8% 2021 284.931 4.6% 2022 312.573 9.7% 2023 336.486 7.7%